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Section 8: Fee on memorandum of appeal against order relating to compensation

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870
Section 7 All 36 Sections Schedules I & II Section 9

Legal Commentary & Landmark Judgments: Section 8

Section 8 of the Court-Fees Act, 1870 prescribes the method of computing court fees payable on memorandums of appeal against orders relating to compensation under land acquisition enactments.

  • Appellate Remedies & Forum: Section 8 specifies that the amount of fee payable under the Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes shall be computed according to the difference between the amount awarded to the appellant.
  • Core Legal Standard: Section 8 provides the statutory basis for computing court fees in appeals against orders relating to compensation for property acquired for public purposes, assessing fee on the difference between the amount awarded and the amount claimed.

This section standardizes the ad valorem computation of court fees on compensation appeals, aligning fiscal requirements with the actual enhancement sought.

Key Landmark Precedents:
  • Inder Singh v. Union of India, (1993) 3 SCC 240: The Supreme Court held that in land acquisition appeals, court fees under Section 8 must be paid on the exact enhanced amount claimed, and no enhanced compensation can be awarded by the appellate court beyond the claim on which fee has been paid unless deficit fee is deposited.
  • Chandu v. Special Land Acquisition Officer, (2002) 1 SCC 431: The Court ruled that landowners seeking statutory solatium and interest on compensation need not pay separate court fees thereon, as they are statutory consequences of market value.
Legal Commentary:

Landowners appealing compensation awards must accurately calculate the ad valorem fee on the enhancement sought. If the High Court or Supreme Court determines that the true market value is higher than the amount originally claimed in the appeal memorandum, the court may permit the appellant to deposit the deficit court fee before decreeing the higher compensation.

Section 7 All 36 Sections Schedules I & II Section 9