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Section 3: Levy of fees in High Courts on their original sides

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870
Section 2 All 36 Sections Schedules I & II Section 4

Legal Commentary & Landmark Judgments: Section 3

Section 3 of the Court Fees Act, 1870 regulates the levy of fees on documents filed, exhibited, or recorded in High Courts exercising ordinary original civil jurisdiction.

  • Original Side High Court Levy: Applies to documents specified in the First and Second Schedules filed, exhibited, or recorded in High Courts exercising ordinary original civil jurisdiction.
  • Chartered High Courts Application: Historically governed original side suits in Chartered High Courts (Calcutta, Bombay, Madras) and Delhi High Court.
  • Taxing Master Oversight: Fees are assessed by the Taxing Master or Registrar of the High Court in accordance with original side rules.
Key Landmark Precedents:
  • State of Bombay v. Supreme General Films Exchange Ltd., AIR 1960 SC 980: The Supreme Court held that the right of appeal is a vested right, and an amendment enhancing court fees on appeals cannot be given retrospective effect to impair appeals arising from suits instituted prior to the amendment.
  • Secretary of State v. Jethabhai, AIR 1922 Bom 180: Discussed the assessment and collection of original side court fees by the High Court Taxing Officer.
Courtroom Practice & Strategic Litigation Guidance:

When instituting original civil suits or commercial suits in chartered High Courts, check original side schedule fees under Section 3 to ensure proper ad valorem or fixed stamp payment.

Section 2 All 36 Sections Schedules I & II Section 4