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RCF & SV Summary

The Rajasthan Court Fees and Suits Valuation Act outlines the framework for court fees and the valuation of suits in Rajasthan, detailing the application, liability to pay fees, and methods for determining and computing these fees. It includes provisions for various types of suits, including money claims, maintenance, and probates, as well as guidelines for refunds and remissions. The Act also empowers the government to oversee fee compliance and establishes specific fee structures through accompanying schedules.

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0% found this document useful (0 votes)
51 views3 pages

RCF & SV Summary

The Rajasthan Court Fees and Suits Valuation Act outlines the framework for court fees and the valuation of suits in Rajasthan, detailing the application, liability to pay fees, and methods for determining and computing these fees. It includes provisions for various types of suits, including money claims, maintenance, and probates, as well as guidelines for refunds and remissions. The Act also empowers the government to oversee fee compliance and establishes specific fee structures through accompanying schedules.

Uploaded by

Dipanwita Palai
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

The Rajasthan Court Fees and Suits Valuation Act

Chapter I – Preliminary

● Section 1: Short title, territorial extent, commencement of the Act.


● Section 2: Application—excludes Central Government documents; where other laws
apply, this Act applies subject to them.
● Section 3: Definitions—terms like “appeal”, “court”, “prescribed”, etc.

Chapter II – Liability To Pay Fee

● Section 4: No filing, exhibition, registration in courts or public offices without proper


court fee; exceptions for urgent criminal filings.
● Section 5: Documents inadvertently accepted without full fee can be regularized by
paying within time.
● Section 6: Multifarious suits—fees on aggregate value for distinct reliefs; if relief is
ancillary, charged on main relief only.
● Section 7: Market value to be determined as of the date of plaint; land valued at 25×
settler’s rent.
● Section 8: Counterclaims/ set-offs in written statements attract fee similar to a plaint.
● Section 9: If a document falls under multiple descriptions, highest applicable fee applies;
special prevails over general.

Chapter III – Determination Of Fee

● Section 10: Plaintiff must file a statement of particulars and valuation for subject-matter.
● Section 11: Court determines proper fee before plaint registration; defendant can
challenge valuation; appeals courts may review.
● Section 12: Additional fees for issues framed—non-payment leads to issue being struck
off.
● Section 13: Plaintiff may abandon part of claim to match fee already paid.
● Section 14: Written statements attracting fees are treated like plaints for fee
determination.
● Section 15–16: Fees apply similarly to appeals (15) and petitions/applications (16).
● Section 17: Government-appointed Court-Fee Examiners oversee fee compliance.
Section 18: Courts may commission local inquiry to assess valuation/identification of fee
[Link] 19: Court may notify the State Government as party in fee/valuation
inquiry.

Chapter Iv – Computation Of Fee

● Section 20: How fee is calculated (ad valorem or fixed) depending on type of suit.
● Section 21: Suits for money—fee based on amount claimed (e.g., defamation capped).

● Section 22: Maintenance/annuity suits—fee based on annual amount or multiple


thereof.

● Section 23: Suits for movable property—fee on market value; documents-of-title attract
one-fourth valuation with conditions.
● Section 24: Declaratory suits—fee on market value, rights like trademark (minimum
₹500), possession claims (min ₹20).
● Sections 25–26: Adoption and injunction suits (detailed valuation rules apply).
● Section 38–44: Designs of suits—partition, cancellation of decrees, attachment, specific
performance, landlord-tenant, mesne profits, interpleader—each has valuation
methodology under Section 45.

CHAPTER V – VALUATION OF SUITS


● Section 48: For matters not specifically provided, valuation for jurisdiction and fee
coincide.

CHAPTER VI – PROBATES & ADMINISTRATION


● Sections 49–56: Probate, letters, certificates—fee based on estate value; mode of
valuation detailed; refunds for overpayment. (Exact sections inferred from heading
listing.)

CHAPTER VII – REFUNDS & REMISSIONS


● Provisions allowing remission/refund of fees in case of excess payment, suit
compromise, invalidation of documents, spoilage of stamps, etc.

CHAPTER VIII – MISCELLANEOUS


● Provisions dealing with rules-making powers, repeal/savings, fees on additional/judicial
acts, exemptions, penalties, and state-government involvement.
📎 Schedules
● Schedule I: Ad valorem fee tables

● Schedule II: Fixed fee tariffs

● Schedule III: Special provisions under certain sections (like 50).

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