Court Fee Act

  1. S. 7 (V) and (Vi) — Applicable to suits for enforcing right of pre-emption — Court fee in pre-emption suits is to be fixed in accordance with the provisions of S. 7(V)(C). Amir-ud-Din v. Muhammad Latif and 9 others 2004 SCR 214 (A)
  2. In case the land is assessed to land revenue the Court fee is computed under clause7(V)(A) and (B) and if not assessed as land revenue the Court fee is computed in accordance with section 7(V)(D) and valuation of suit is determined under section 8 of the Suits Valuation Act. Muhammad Rafique Butt  v. Amanat Ali & 3 others 2005 SCR 144 (A)
  3. S. 8 — Amount of fee payable on appeal relating to compensation shall be computed according to difference between the amount awarded and amount claimed by the appellant — Courts fee is to be affixed on memorandum of appeals in light of section 8. Ch. M. Suleman v. Collector Land Acquisition Mangla Dam Raising Project & others 2010 SCR 106 (D) PLD 1963 AJ&K 10 ref.
  4. S. 10 — Deficiency in Court fee — Proper course would be that the Court should order under section 10 to make the requisite Court fee — The trial Court could also pass such an order under section 6 and 28 of the Court Fees Act in conjunction with Section 149 C.P.C. Muhammad Sarwar Khan v. Said Husssain Khan 2006 SCR 247 (B)
  5. Deficiency in Court fee — Party should not be penalized — A chance should be provided for making up the deficiency or for payment of Court fee — Court should take it liberally instead of penalizing the parties — Objection of these provisions is to recover the revenue not to penalize on technical grounds. Muhammad Sarwar Khan v. Said Husssain Khan 2006 SCR 247 (G)
  6. Purpose of Court Fees Act is to secure revenue for the State and not to arm the litigant public with a weapon of technicality to be used against the adversaries — Purpose of Court fee Act — Not to throw out a litigant, who seeks relief and redress from the Court. Muhammad Sarwar Khan v. Said Husssain Khan 2006 SCR 247 (H)
  7. The basic intention of Legislature and the purpose for the enactment of the Court Fees Act was to recover revenue and not to penalize the litigant public for non-compliance of any provision of Court Fees Act — The provisions of Court fees Act and other fiscal statutes were to be construed strictly in favour of subject — The basic object of all these statutes is to secure revenue for the benefit of the State not to harm the litigant with the weapon of technicality. Muhammad Sarwar Khan v. Said Husssain Khan 2006 SCR 247 (E) 
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