Court Fees Act, 1870 – MCQ (Set 2)
- What does Section 10 of the Court Fees Act, 1870 deal with?
a) Inspection of court fee stamps
b) Exemption from court fees
c) Payment of court fees in installments
d) Payment of additional court fees
[read more] Answer
a) Inspection of court fee stamps
Explanation – Section 10 mandates the courts to ensure that proper court fee stamps are affixed and verified during the proceedings. [/read]
- Can court fees be adjusted in cases of res judicata?
a) Yes, under Section 13
b) No, it cannot be adjusted
c) Yes, under Section 15
d) No, unless ordered by the court
[read more] Answer
a) Yes, under Section 13
Explanation – Section 13 provides for refund or adjustment of fees in cases where suits are barred by res judicata, provided the fees were paid earlier. [/read]
- In which landmark case did the Supreme Court hold that court fees are compensatory and not a tax?
a) Union of India v. Bombay Tyre International
b) Ram Dhan v. State of Haryana
c) Secretary, Government of Madras v. Zenith Lamp
d) Sudhakar Rao v. State of Andhra Pradesh
[read more] Answer
c) Secretary, Government of Madras v. Zenith Lamp
Explanation – The Court ruled that court fees serve as compensation for the services rendered by the courts and do not constitute a tax. [/read]
- Under which section does the Act specify the penalty for non-payment of proper court fees?
a) Section 6
b) Section 12
c) Section 28
d) Section 29
[read more] Answer
b) Section 12
Explanation – Section 12 deals with undervaluation or non-payment of fees and allows courts to demand the correct fees with a penalty. [/read]
- How is the court fee calculated in suits for possession of land?
a) Based on the area of the land
b) Based on market value of the land
c) Fixed fee irrespective of value
d) Based on past revenue records
[read more] Answer
b) Based on market value of the land
Explanation – Suits for possession of land require court fees to be paid ad valorem, based on the market value of the property in dispute. [/read]
- What happens if the plaintiff fails to pay the requisite court fees?
a) The case is dismissed
b) The court may grant more time
c) The court refers the matter to the High Court
d) The court imposes a fine
[read more] Answer
b) The court may grant more time
Explanation – Courts generally grant time to plaintiffs to pay the required fees; failure to do so may lead to rejection of the plaint under Order VII Rule 11 CPC. [/read]
- What is the fee structure for appeals under the Act?
a) Half of the original fee
b) Equal to the original fee
c) Double the original fee
d) Depends on the discretion of the court
[read more] Answer
b) Equal to the original fee
Explanation – Appeals under the Court Fees Act generally require payment of fees equivalent to what was payable in the original suit. [/read]
- Which provision of the Act deals with the fees for probate cases?
a) Section 19-H
b) Section 18-B
c) Section 8
d) Section 10
[read more] Answer
a) Section 19-H
Explanation – Section 19-H specifies the court fees applicable in probate cases, which are often calculated on the value of the estate. [/read]
- In which case did the Supreme Court uphold the necessity of paying court fees even for administrative remedies?
a) State of Kerala v. Bhaskar Pillai
b) State of Maharashtra v. Manubhai Pragaji Vashi
c) Kamla Mills Ltd. v. Union of India
d) Shiv Prasad v. Durga Prasad
[read more] Answer
a) State of Kerala v. Bhaskar Pillai
Explanation – The Court held that court fees are mandatory even for certain administrative remedies, as they involve judicial functions. [/read]
- What is the principle behind the refund of court fees in settled cases?
a) To encourage out-of-court settlements
b) To reduce the financial burden of litigants
c) Both a and b
d) To penalize unnecessary litigation
[read more] Answer
c) Both a and b
Explanation – Refunds incentivize out-of-court settlements, which save judicial time and reduce costs for the parties involved. [/read]
- How is the fee determined for suits related to maintenance?
a) Based on the annual amount claimed
b) Fixed fee for all such suits
c) Based on the discretion of the judge
d) No fee is payable
[read more] Answer
a) Based on the annual amount claimed
Explanation – Court fees in maintenance cases are calculated based on the total annual amount of maintenance claimed in the suit. [/read]
- Which section provides for the filing of a suit by an indigent person?
a) Section 20
b) Section 21
c) Section 22
d) Section 23
[read more] Answer
a) Section 20
Explanation – Section 20 allows indigent persons to file suits without paying court fees, subject to verification of their financial status. [/read]
- What is the court fee for declaratory suits?
a) Fixed fee
b) Ad valorem fee based on claim value
c) Depends on jurisdiction
d) No fee is charged
[read more] Answer
a) Fixed fee
Explanation – Declaratory suits generally attract a fixed fee under the Court Fees Act, irrespective of the value of the claim. [/read]
- In which case did the Supreme Court clarify the valuation of suits under Section 7?
a) State of Karnataka v. Krishnaji Rao
b) K. Ramesh Babu v. State of Tamil Nadu
c) Arvind Mills Ltd. v. State of Gujarat
d) Ram Charan v. State of Uttar Pradesh
[read more] Answer
b) K. Ramesh Babu v. State of Tamil Nadu
Explanation – The Court clarified the method for calculating court fees in suits involving specific performance under Section 7. [/read]
- What does the term “plaint” refer to in the context of the Act?
a) A legal remedy
b) A written statement filed by the plaintiff
c) A judgment
d) A court notice
[read more] Answer
b) A written statement filed by the plaintiff
Explanation – A plaint is the formal written submission by the plaintiff initiating a civil suit. [/read]
- What is the primary purpose of affixing a court fee stamp on documents?
a) To identify the document
b) To authenticate the document
c) To generate revenue for the government
d) To ensure proper filing in court
[read more] Answer
c) To generate revenue for the government
Explanation – Court fee stamps are used to ensure the government collects revenue from court services. [/read]
- Can court fees be remitted for government suits?
a) Yes, under Section 35
b) No, court fees are mandatory for all
c) Only if approved by the court
d) Yes, under Section 10
[read more] Answer
a) Yes, under Section 35
Explanation – Section 35 allows the government to remit court fees in specific cases, including suits filed by government agencies. [/read]
- What is the court fee for a petition for dissolution of marriage?
a) Fixed fee specified in the schedule
b) No fee is charged
c) Ad valorem fee based on claim value
d) Discretionary fee
[read more] Answer
a) Fixed fee specified in the schedule
Explanation – Divorce petitions generally attract a fixed court fee as outlined in the Act’s schedule. [/read]
- What does Section 9 of the Act address?
a) Fees in insolvency cases
b) Fees for land disputes
c) Stamp duty on pleadings
d) Fees for appeals
[read more] Answer
a) Fees in insolvency cases
Explanation – Section 9 specifies the court fees payable in insolvency-related matters. [/read]
- What is the remedy for undervaluation of a suit as per the Act?
a) Dismissal of the suit
b) Payment of additional fees within a specified period
c) Fine imposed by the court
d) No remedy is provided
[read more] Answer
b) Payment of additional fees within a specified period
Explanation – Courts can allow plaintiffs to pay the correct fees within a given period to rectify undervaluation issues. [/read]