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Section 1: Short title, extent of Act and commencement

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870
All 36 Sections Schedules I & II Section 2

Legal Commentary & Landmark Judgments: Section 1

Section 1 of the Court Fees Act, 1870 prescribes the short title, local extent, and commencement of this fiscal enactment, establishing the primary statutory framework regulating the levy and recovery of court fees on plaints, appeals, and legal documents across Indian courts.

  • Short Title: Formally titled the Court Fees Act, 1870 (Act 7 of 1870).
  • Fiscal Statute Interpretation: Being a fiscal enactment, provisions must be strictly construed in favor of the subject and litigant, avoiding strained interpretations that expand fee burdens.
  • State Amendments Primacy: Subject to extensive State-specific amendments, schedules, and local court-fee rules enacted by State Legislatures under Entry 3 of List II.
  • Access to Justice Alignment: Fee levies must balance public revenue collection against the constitutional right of citizens to access judicial remedies under Article 21.
Key Landmark Precedents:
  • State of Maharashtra v. Mishrilal Tarachand Lodha, AIR 1964 SC 457: The Constitution Bench settled that the Court Fees Act is a fiscal statute and must be construed strictly; in cases of reasonable doubt or ambiguity, the construction most beneficial to the litigant must be adopted.
  • Suhrid Singh v. Randhir Singh, (2010) 12 SCC 112: The Supreme Court authoritatively analyzed court fee principles, establishing that court fee valuation depends strictly on the relief claimed in the plaint and not on the defense setup in the written statement.
Courtroom Practice & Strategic Litigation Guidance:

Always examine the local State Court Fees Act or state amendments to the 1870 Act applicable in your High Court's jurisdiction, as fee slabs, ad valorem rates, and exemptions vary across States.

All 36 Sections Schedules I & II Section 2