ABSTRACT

Court fees is an important step in litigation and was a concept new to India introduced in the Colonial Era to reduce the false and vexatious litigations that were being filed at that time. This concept has now been embedded in the Indian judicial system and serves as a basis for revenue generation and without which the filing of a litigation cannot be continued. The Court Fees Act, 1870 is the legislation that has been governing the area of court fees since even before independence. This act serves as the basis for court fees while there have been various amendments and repeals made in it as according to the needs and demands of the state. This article helps to understand the meaning of court fees and its difference from costs and also analyses various provisions made in the Court Fees Act, 1870 in detail.  

WHAT IS COURT FEES AND HOW IS IT DIFFERENT FROM COSTS?

“Court fees is the fees that is imposed on the litigant to contest a case in the court of law.” It is the fees that is levied upon the people who are seeking judicial remedies by way of a legislation. The first instance of court fees in India was observed by the Regulation 38 of 1795 in the colonial era. What has to be noted is that the court fees not only prevents vexatious litigation but also helps in aiding the economic functions of the court.

“The court fees involves complex and multi-fold management to ensure the disposal of the huge number of pending cases.”  The money that is collected by way of court fees is then used for the expenses that are incurred in carrying out the administrative work in the Court. This fees is paid by way of stamps that are attached while filing of cases in the respective courts.

In the case of State of Madras v. Zenith Lamps  it was held that the fees collected was the fees for covering the cost of court procedure and it was also held that this fees was strictly not for the States to make revenue.