Section 25: Collection of fees by stamps

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870

Legal Commentary & Landmark Judgments: Section 25

Section 25 of the Court Fees Act, 1870 establishes the fundamental rule that all fees referred to in Section 3 or chargeable under this Act shall be collected by stamps, providing the statutory foundation for physical and electronic court fees (e-Court Fees).

  • Mandatory Collection by Stamps: All fees referred to in Section 3 or chargeable under this Act shall be collected by stamps.
  • Prohibition of Cash Payments: Bars court clerks or judicial officers from accepting cash fees directly on plaints or petitions, eliminating corruption.
  • Electronic Stamp (e-Court Fee) Integration: Modern state amendments read Section 25 as encompassing electronically generated e-Court Fee certificates and digital stamps.
  • Condition Precedent to Legal Filing: A document without proper court fee stamps is legally ineffective under Section 28.
Key Landmark Precedents:
  • State of Bombay v. Supreme General Films Exchange Ltd., AIR 1960 SC 980: The Supreme Court affirmed that court fees must be paid through statutory stamps prescribed under Section 25; courts cannot accept informal cash payments in lieu of stamps.
  • Suhrid Singh v. Randhir Singh, (2010) 12 SCC 112: Reiterated the mandatory character of paying proper court fee stamps upon plaints.
Courtroom Practice & Strategic Litigation Guidance:

Always purchase e-Court Fees through authorized portals (such as Stock Holding Corporation of India / e-Treasury) and ensure the e-Court Fee certificate is locked to the specific suit and parties under Section 25.