Explain the concept of court fee at punitive rate (1998) (1997)
Court fee at punitive rate
Q. Explain the concept of court fee at punitive rate (1998) (1997)
1. Introduction:
Court fees act 1870 is a fiscal enactment and levied court fees on the institution of suits and presentation of documents before the court. The court fee levied under the C.P.A is in the form of tax and not a penalty on the litigants but u/sec 7-b of C.F.A the court may levied court-fee as a punishment on the plaintiff where he makes a false and frivolous or vexatious claim.
2. Meaning of punitive rate:
Punitive means something having the character of punishment and punitive rate which has been imposed as a penalty.
3. Relevant provision:
Following are the relevant provisions of C.F.A 1870 regarding the concerned topic.
Section 7-a and 7-b
4. General rule as to abolition of court-fee in certain cases u/sec 7-a:
No court fee shall be payable in
(a) any criminal case and
(b) any case of civil nature the value of the subject matter whereof or relief claimed wherein dose not exceed twenty five thousand rs
5. Payment of court-fees at punitive rate exception to general rule u/sec 7-b:
Section 7-b provides an exception on the general rule where court may direct a party to pay the court fee at punitive rate in any case of civil nature the value of the subject matter whereof or relief claimed wherein dose not exceed 25000 rs. If plaintiff claim or any part of it was false and either frivolous and vexations.
I. Conditions for the applicability of section 7-b:
(i) Case falls under section 7-a(b):
It is necessary that the case must falls under section 7-a(b) i.e case of civil nature the value of subject-matter whereof or relief claimed wherein dose not exceed Rs 25,000
(ii) Plaintiff claims exemption u/sec 7-a(b):
Plaintiff must have claimed exemption that this case is falls under sec 7-a(b) and is not liable to pay court-fee
(iii) Opinion of the court regarding claim:
The court must be of the opinion that the claim or any part of it was false or either frivolous or vexatious so a court fee at punitive rate by way of punishment should be levied on the plaintiff.
II. Procedure for charging court-fee at punitive rate:
Where the court is of opinion that the claim of plaintiff or any part thereof is false and frivolous or vexation it shall adopt the following procedure.
(i) Require the plaintiff to show case:
(a) Where plaintiff present in the court:
The court shall by order in writing call upon him to show-cause why he should not pay court fee on the entire claim or any part of it as the case may be at double rate which would have been leviable under the act where the value of the subject matter exceeds rs. 25000
(b) Where plaintiff is not present in the court:
Where plaintiff is not present in the court the court shall direct issue of summons to him to appear and show-cause as aforesaid.
(ii) Court to record and consider the cause of plaintiff:
After giving an opportunity to the party to show-cause why he should not pay double court-fee the court shall record and consider any cause which such party may show.
(iii) Satisfaction of court:
If after considering the cause and reasons of the plaintiff court is satisfied that the claim of the plaintiff was false and either frivolous or vexatious it shall direct that the court-fee on the entire claim or part thereof as the case may be paid by such party at double rate.
(iv) Rate of court-fee charged at punishment:
The court-fee should be paid by the party at double rate which would have been leviable under the act if the value of the subject matter had exceeds rs 25,000
(v) Recording of reasons:
The court if direct the plaintiff to pay the court fee at double rate it shall record its reasons for doing so.
(vi) Nature of order of paying court-fee:
The order of payment of court-fee by the court shall be in addition to and not in derogation of any other order which the court may deem fit to make in the circumstances of the case.
(vii) Sending of copy of order of court:
A copy of the order of the court directing the plaintiff to pay the court fee at double rate shall be sent by the court to the collector of the district in which the party against whom the order is made resides or ordinarily works for gain.
(viii) Direction by the collector:
After receiving the copy of order of the court collector shall direct the party concerned to pay the court-fee within one month of the making of the order by him.
(ix) Recover of court-fee by the collector where plaintiff fails:
If the plaintiff fails to pay the court-fee within period of one month the collector shall proceed to recover the court-fee as arrears of land revenue.
6. Conclusion:
To conclude I can say that the purpose of C.F.C 1870 is to collect revenue for the state so the legislature has made conscious effort to minimize every factor which may defect the very purpose of the C.P.C. The purpose of the section 7-b of C.F.A is to penalize the plaintiff if intentionally commits fraud or makes any false and frivolous or vexation claim. So as to avoid payment of court fee.
Court fee at punitive rate
Q. Explain the concept of court fee at punitive rate (1998) (1997)
1. Introduction:
Court fees act 1870 is a fiscal enactment and levied court fees on the institution of suits and presentation of documents before the court. The court fee levied under the C.P.A is in the form of tax and not a penalty on the litigants but u/sec 7-b of C.F.A the court may levied court-fee as a punishment on the plaintiff where he makes a false and frivolous or vexatious claim.
2. Meaning of punitive rate:
Punitive means something having the character of punishment and punitive rate which has been imposed as a penalty.
3. Relevant provision:
Following are the relevant provisions of C.F.A 1870 regarding the concerned topic.
Section 7-a and 7-b
4. General rule as to abolition of court-fee in certain cases u/sec 7-a:
No court fee shall be payable in
(a) any criminal case and
(b) any case of civil nature the value of the subject matter whereof or relief claimed wherein dose not exceed twenty five thousand rs
5. Payment of court-fees at punitive rate exception to general rule u/sec 7-b:
Section 7-b provides an exception on the general rule where court may direct a party to pay the court fee at punitive rate in any case of civil nature the value of the subject matter whereof or relief claimed wherein dose not exceed 25000 rs. If plaintiff claim or any part of it was false and either frivolous and vexations.
I. Conditions for the applicability of section 7-b:
(i) Case falls under section 7-a(b):
It is necessary that the case must falls under section 7-a(b) i.e case of civil nature the value of subject-matter whereof or relief claimed wherein dose not exceed Rs 25,000
(ii) Plaintiff claims exemption u/sec 7-a(b):
Plaintiff must have claimed exemption that this case is falls under sec 7-a(b) and is not liable to pay court-fee
(iii) Opinion of the court regarding claim:
The court must be of the opinion that the claim or any part of it was false or either frivolous or vexatious so a court fee at punitive rate by way of punishment should be levied on the plaintiff.
II. Procedure for charging court-fee at punitive rate:
Where the court is of opinion that the claim of plaintiff or any part thereof is false and frivolous or vexation it shall adopt the following procedure.
(i) Require the plaintiff to show case:
(a) Where plaintiff present in the court:
The court shall by order in writing call upon him to show-cause why he should not pay court fee on the entire claim or any part of it as the case may be at double rate which would have been leviable under the act where the value of the subject matter exceeds rs. 25000
(b) Where plaintiff is not present in the court:
Where plaintiff is not present in the court the court shall direct issue of summons to him to appear and show-cause as aforesaid.
(ii) Court to record and consider the cause of plaintiff:
After giving an opportunity to the party to show-cause why he should not pay double court-fee the court shall record and consider any cause which such party may show.
(iii) Satisfaction of court:
If after considering the cause and reasons of the plaintiff court is satisfied that the claim of the plaintiff was false and either frivolous or vexatious it shall direct that the court-fee on the entire claim or part thereof as the case may be paid by such party at double rate.
(iv) Rate of court-fee charged at punishment:
The court-fee should be paid by the party at double rate which would have been leviable under the act if the value of the subject matter had exceeds rs 25,000
(v) Recording of reasons:
The court if direct the plaintiff to pay the court fee at double rate it shall record its reasons for doing so.
(vi) Nature of order of paying court-fee:
The order of payment of court-fee by the court shall be in addition to and not in derogation of any other order which the court may deem fit to make in the circumstances of the case.
(vii) Sending of copy of order of court:
A copy of the order of the court directing the plaintiff to pay the court fee at double rate shall be sent by the court to the collector of the district in which the party against whom the order is made resides or ordinarily works for gain.
(viii) Direction by the collector:
After receiving the copy of order of the court collector shall direct the party concerned to pay the court-fee within one month of the making of the order by him.
(ix) Recover of court-fee by the collector where plaintiff fails:
If the plaintiff fails to pay the court-fee within period of one month the collector shall proceed to recover the court-fee as arrears of land revenue.
6. Conclusion:
To conclude I can say that the purpose of C.F.C 1870 is to collect revenue for the state so the legislature has made conscious effort to minimize every factor which may defect the very purpose of the C.P.C. The purpose of the section 7-b of C.F.A is to penalize the plaintiff if intentionally commits fraud or makes any false and frivolous or vexation claim. So as to avoid payment of court fee.
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