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Section 36: Saving of fees to certain officers of High Courts

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870
Section 35 All 36 Sections Schedules I & II

Legal Commentary & Landmark Judgments: Section 36

Section 36 of the Court Fees Act, 1870 saves fees payable to certain officers of High Courts, confirming that nothing in Chapters II and V shall affect fees to which any officer of a High Court is allowed to receive in addition to their salary.

  • Saving of High Court Officer Fees: Nothing in Chapters II and V of this Act shall be deemed to affect the fees to which any officer of a High Court is allowed by law to receive in addition to or in lieu of their salary.
  • Historical Special Officers: Historically covered fees paid to Court Receivers, Official Assignees, and Commissioners for taking accounts.
  • Preservation of Special Rules: Maintains the operation of High Court Original Side Rules regarding administrative officer fees.
Key Landmark Precedents:
  • Secretary of State v. Jethabhai, AIR 1922 Bom 180: Discussed the preservation of official receiver and commissioner fees under Section 36 of the Court Fees Act.
  • State of Bombay v. Supreme General Films Exchange Ltd., AIR 1960 SC 980: Affirmed that general statutory fee provisions do not disturb specialized High Court original side officer fee arrangements.
Courtroom Practice & Strategic Litigation Guidance:

In original side proceedings before the High Court where an Official Liquidator, Receiver, or Court Commissioner is appointed, verify their fee allowances under High Court Rules saved by Section 36.

Section 35 All 36 Sections Schedules I & II