Section 4: Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870

Legal Commentary & Landmark Judgments: Section 4

Section 4 of the Court-Fees Act, 1870 prohibits High Courts from receiving, filing, or acting upon any document unless the statutory court fee prescribed in the Schedules has been duly paid.

  • Appellate Remedies & Forum: Section 4 enacts an absolute statutory embargo addressed to High Courts exercising extraordinary original, extraordinary appellate, and appellate jurisdiction.
  • Core Legal Standard: No document of any of the kinds specified in the First or Second Schedule to the Act shall be filed, exhibited, or recorded in, or received or furnished by, any High Court unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules.

The prohibition applies across all departments and registries of the High Court. The section operates to protect State revenue, ensuring that no litigant invokes the constitutional or statutory appellate machinery of the High Court without discharging the fiscal liability attached to the judicial proceeding.

Key Landmark Precedents:
  • Mannan Lal v. Chhotey Lal, (1970) 1 SCC 769: The Supreme Court harmonized Section 4 of the Court-Fees Act with Section 149 of the Code of Civil Procedure, holding that while presentation of an unstamped document is defective, subsequent payment within time granted by the court cures the defect retrospectively.
  • State of Haryana v. Manoj Kumar, (2010) 4 SCC 350: The Court reiterated that fiscal statutes must be construed strictly, and registries cannot waive statutory court fee requirements without express judicial authorization.
Legal Commentary:

Under Section 4, a memorandum of appeal presented with deficit court fee is initially defective. However, the High Court exercises equitable discretion under Section 149 CPC to grant time for making up the deficiency. Once the deficit fee is deposited within the extended period, the appeal is deemed to have been validly instituted on the date of original presentation for limitation purposes.