Court Fees Act, 1870 – MCQ (Set 4)
- What does Section 7(1) of the Court Fees Act specify?
a) Fees for suits related to immovable property
b) Fees for suits for maintenance
c) Fees for suits for money
d) Fees for probate cases
[read more] Answer
c) Fees for suits for money
Explanation – Section 7(1) specifies the ad valorem court fees payable for suits involving monetary claims, based on the amount claimed. [/read]
- In a case of undervaluation of court fees, what role does the High Court play?
a) High Court determines the correct valuation
b) High Court orders a refund of excess fees
c) High Court dismisses the case
d) High Court cannot interfere in valuation matters
[read more] Answer
a) High Court determines the correct valuation
Explanation – The High Court has supervisory jurisdiction to decide disputes regarding valuation and ensure compliance with the Act. [/read]
- What is the provision for refund of court fees in withdrawn suits?
a) Section 13
b) Section 15
c) Section 11
d) Section 9
[read more] Answer
a) Section 13
Explanation – Section 13 provides for a refund of court fees if the suit is withdrawn or otherwise settled before the hearing. [/read]
- Which landmark case emphasized the ad valorem nature of court fees in money suits?
a) M.C. Mehta v. Union of India
b) Daya Ram v. State of Rajasthan
c) State of Andhra Pradesh v. C.V. Rao
d) L.R. Sarin v. State of U.P.
[read more] Answer
d) L.R. Sarin v. State of U.P.
Explanation – The Court reiterated the principle that fees in money suits should be ad valorem, based on the claim amount. [/read]
- What is the time limit to challenge an order regarding valuation under the Act?
a) 15 days
b) 30 days
c) 60 days
d) No specific time limit
[read more] Answer
b) 30 days
Explanation – Parties can challenge orders regarding valuation within 30 days, as per general civil procedural rules. [/read]
- What is the prescribed fee for suits for cancellation of decrees under Section 7(iv)(c)?
a) Ad valorem fee on the decree value
b) Fixed fee of ₹500
c) Double the original court fee
d) No court fee is payable
[read more] Answer
a) Ad valorem fee on the decree value
Explanation – Cancellation suits require court fees calculated on the value of the decree sought to be canceled. [/read]
- Which section specifies court fees for suits involving easements?
a) Section 8
b) Section 6
c) Section 7(iv)(d)
d) Section 19-C
[read more] Answer
c) Section 7(iv)(d)
Explanation – Section 7(iv)(d) governs the fees for suits related to easements, which depend on the value of the relief sought. [/read]
- What happens if court fees are found to be excessive?
a) Excess fees are refunded
b) The case is dismissed
c) The court recalculates the fees
d) No remedy is available
[read more] Answer
a) Excess fees are refunded
Explanation – The Act allows for the refund of excessive court fees if found to have been wrongly collected. [/read]
- What is the court fee for a plaint seeking specific performance of a contract?
a) Fixed fee
b) Fee based on market value of the property involved
c) Ad valorem fee on contract value
d) No fee is required
[read more] Answer
c) Ad valorem fee on contract value
Explanation – Suits for specific performance require ad valorem court fees based on the value of the contract. [/read]
- Can the court reduce court fees in cases of financial hardship?
a) Yes, always
b) No, fees are mandatory
c) Yes, for indigent persons under specific provisions
d) Only with government approval
[read more] Answer
c) Yes, for indigent persons under specific provisions
Explanation – Indigent persons can seek exemption from court fees by applying under the provisions of Order 33 CPC, read with Section 20 of the Act. [/read]
- Which authority prescribes the schedule of court fees?
a) The High Court
b) The Supreme Court
c) The State Government
d) The Parliament
[read more] Answer
c) The State Government
Explanation – Each state government has the authority to prescribe and amend the schedule of court fees applicable in its jurisdiction. [/read]
- What is the fee payable for interlocutory applications?
a) No fee
b) Nominal fixed fee
c) Ad valorem fee on the subject matter
d) Depends on the discretion of the court
[read more] Answer
b) Nominal fixed fee
Explanation – Interlocutory applications usually attract a nominal fixed fee as specified in the schedule of the Act. [/read]
- What is the primary test for determining the valuation of suits?
a) Discretion of the court
b) Market value of the subject matter
c) The amount stated by the plaintiff
d) Previous judgments
[read more] Answer
b) Market value of the subject matter
Explanation – Valuation of suits is generally determined based on the market value of the subject matter as per legal principles. [/read]
- Which section deals with the recovery of unpaid court fees?
a) Section 12
b) Section 16
c) Section 25
d) Section 19
[read more] Answer
c) Section 25
Explanation – Section 25 allows the government to recover unpaid court fees as arrears of land revenue. [/read]
- Are court fees refundable in cases of wrongful dismissal of suits?
a) Yes, under Section 13
b) No, fees once paid are non-refundable
c) Yes, if the dismissal is reversed
d) Only on special orders
[read more] Answer
c) Yes, if the dismissal is reversed
Explanation – Refunds can be sought if the dismissal is overturned on appeal or review. [/read]
- How are fees determined for appeals in cross-objections?
a) Fees are halved
b) Equal to original suit fees
c) Fixed fee for cross-objections
d) No fee for cross-objections
[read more] Answer
b) Equal to original suit fees
Explanation – Cross-objections in appeals attract court fees equivalent to those payable in the original suit. [/read]
- Which section specifies court fees for probate or letters of administration?
a) Section 18
b) Section 19-I
c) Section 19-H
d) Section 20
[read more] Answer
c) Section 19-H
Explanation – Section 19-H governs the fees applicable for obtaining probate or letters of administration under the Act. [/read]
- What principle governs the assessment of court fees in declaratory suits with consequential relief?
a) Ad valorem fee based on consequential relief value
b) Fixed fee for declaratory suits
c) Nominal fee based on discretion
d) Exempt from fees
[read more] Answer
a) Ad valorem fee based on consequential relief value
Explanation – When consequential relief is claimed, the court fees are calculated ad valorem on the relief’s market value. [/read]
- What is the court fee payable for suits seeking possession of a specific movable property?
a) Nominal fee
b) Ad valorem fee based on property value
c) Fixed fee
d) No fee is required
[read more] Answer
b) Ad valorem fee based on property value
Explanation – Possession suits involving movable property attract ad valorem fees calculated on the property’s market value. [/read]
- Which provision exempts paupers from paying court fees?
a) Section 20
b) Section 19
c) Order 33 CPC
d) Both a and c
[read more] Answer
d) Both a and c
Explanation – Section 20 of the Act and Order 33 CPC allow indigent persons to file suits without paying court fees, subject to verification. [/read]