Tuesday, 25 March 2014

Object and Scope Of court Fee


The object of act is to secure revenue for the benefits of state and not to punish the opponent party.
“It is a fiscal enactment entered only to secure revenue. It is a form of taxation.”
i- Collection of revenue for state:
 ii- Collection of court fees prior to litigation:
 iii- To curtain un-necessary litigation:
 iv- To test the Bonafide of parties:


 v- To prescribe the mode of paying court fees:
 vi- To lay down exemptions:
 vii- To determine court fees:
 viii- Benefits of the parties:
 ix- To defend the parties:

 Court fees act is a federal law relating to the subject of court fees.
The federal legislature s well as provincial legislature can make amendment in court fees act.
Court fees act is substantive and it also provides procedure for how a fee is to be determined.
Following documents are expressly exempted from payment of court fees.
i- Power of attorney:
 ii- Written statement:
iii- Letter of administration:


 iv- Petation in matters connected with land:
 v- Application to government:
 vi- Application for service of notice:
 vii- Application for leave to contest:
 viii- Written authority:
 x- Application for summons:
 x- Bail bonds in criminal cases:
 xi- Application for permission to cuttimber:
 xii- Complaints:

 xiii- Petation for appeal:
 xiv- Application for comunsation:
 Court fees act is a violation of injunction of Islam as lay down in Quran and Sunnah.
i- Advalurem ………………… schedule 1 or
ii- Fixed  …………………. schedule 2


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