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1The Court-fees Act, 1870

( ACT NO. VII OF 1870 )

Chapter II

FEES PAYABLE IN COURTS AND IN PUBLIC OFFICES

Levy of fees in the High Court Division on their original sides
3. The fees payable for the time being to the clerks and officers (other than the sheriffs and attorneys) of the 2[High Court Division];
 
 
or chargeable 3[* * *] under No. 11 of the first, and Nos. 7, 12, 14, 20 and 21 of the Second Schedule to this Act annexed;
 
 
4[* * *] shall be collected in manner hereinafter appearing.
Fees on documents filed, etc., in the High Court Division in their extraordinary jurisdiction;
4. No document of any of the kinds specified in the first or Second Schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, the 5[High Court Division] in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction; or in the exercise of its extra-ordinary original criminal jurisdiction;
in their appellate jurisdiction;
or in the exercise of its jurisdiction as regards appeals from the judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the Court) of one or more judges of the said Court, or of a Division Court;
 
 
or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;
as Courts of reference and revision
or in the exercise of its jurisdiction as a Court of reference or revision;
 
 
unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.
Procedure in case of difference as to necessity or amount of fee
5. When any difference arises between the officer whose duty it is to see that any fee is paid under this chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in the High Court Division, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the 6[Chief Justice of the Supreme Court], or of 7[such Judge of the Supreme Court] as the Chief Justice shall appoint either generally or specially in this behalf.
 
 
The Chief Justice shall declare who shall be taxing officer within the meaning of the first paragraph of this section.
Fees on documents filed, etc., in Mufassil Courts or in public offices
6. (1) Except in the Courts hereinbefore mentioned no document of any of the kinds specified as chargeable in the first or second schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there has been paid a fee of an amount not less than indicated by either of the said Schedules as the proper fee for such document.
 
 
(2) Notwithstanding anything contained in sub-section (1) or in any other Act, a Court may receive a plaint or memorandum
 
 
of appeal in respect of which an insufficient fee has been paid, subject to the condition that the plaint or memorandum of appeal shall be rejected unless the plaintiff or appellant, as the case may be, pays to the Court within a time to be fixed by the Court such reasonable sum on account of court-fees as the Court may direct.

  • 1
    Throughout this Act, except otherwise provided, the words "the High Court Division", “Government” and “Taka” were substituted for the words "High Court" or "a High Court" or "any of the High Court", “Provincial Government” or “appropriate Government” and “rupees” or “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 2
    The words “High Court Division” were substituted, for the words “High Courts” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 3
    The words “in each of such Courts” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 4
    The words and comma “and the fees for the time being charitable in the Courts of Small Causes at the Presidency-towns, and their several offices” were omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.
  • 5
    The words “High Court Division” were substituted, for the words “High Courts” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 6
    The words “Chief Justice of the Supreme Court” were substituted, for the words “Chief Justice of such High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 7
    The words “such Judge of the Supreme Court” were substituted, for the words “Such Judge of the High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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Ministry of Law, Justice and Parliamentary Affairs