Section 20 Court Fees Act: Rules as to costs of processes

Section 20 of Court Fees Act: Rules as to costs of processes

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The High Court shall, as soon as may be after the commencement of this Act, and may from time to time make rules with respect to the following matters:—

(i) the fees chargeable for serving and executing processes issued by such Court in its appellate jurisdiction, and by the other Civil and Revenue Courts established within the local limits of such jurisdiction;

(ii) the fees chargeable for serving and executing processes issued by the Criminal Courts established within such limits in the case of offences other than offences for which police-officers may arrest without a warrant; and

(iii) the remuneration of the peons and all other persons employed by leave of a Court in the service or execution of processes.

Legal Commentary & Landmark Judgments: Section 20

Section 20 of the Court Fees Act, 1870 empowers High Courts to make rules regulating the costs of processes, service of summonses, and remuneration of process-servers.

High Court Rule-Making for Process Fees: Every High Court shall make rules regarding the fees chargeable for serving and executing processes issued by it and by the Civil and Criminal Courts subordinate to it.
Process Server Remuneration: Regulates the remuneration and allowances of process-servers, bailiffs, and peons.
Publication in Official Gazette: Rules must be approved by the State Government and published in the Official Gazette to take legal effect.

Key Landmark Precedents:

High Court of Delhi v. Ram Murti, AIR 1974 Del 15: The High Court affirmed that process-fee schedules framed under Section 20 carry statutory authority and must be followed for summons execution.
P. Ramachandra Rao v. State of Karnataka, (2002) 4 SCC 578: Discussed administrative rule-making governing judicial process administration.

Courtroom Practice & Strategic Litigation Guidance:

Check the High Court Process Fee Rules of your state to compute the exact process fee and diet money required for issuing summonses to defendants or witnesses.

Section 20: Rules as to costs of processes

Section 20 of Court Fees Act: Rules as to costs of processes

Legal Commentary & Landmark Judgments: Section 20