Court Fees Act, 1870 – MCQ (Set 5)
- Under which section of the Court Fees Act is the remission of court fees in cases of natural calamities provided?
a) Section 35
b) Section 36
c) Section 30
d) Section 25
[read more] Answer
a) Section 35
Explanation – Section 35 empowers the government to remit or reduce court fees in specific cases, including those affected by natural calamities. [/read]
- What is the court fee payable for a counterclaim?
a) Equal to the original suit fee
b) Half of the original suit fee
c) A fixed nominal fee
d) No fee is payable for counterclaims
[read more] Answer
a) Equal to the original suit fee
Explanation – Counterclaims are treated as separate suits and require the same court fee as the original suit, depending on the claim value. [/read]
- Which section governs fees in suits for accounts?
a) Section 7(iv)(f)
b) Section 6
c) Section 10
d) Section 19-C
[read more] Answer
a) Section 7(iv)(f)
Explanation – Section 7(iv)(f) specifies the method of computing court fees for suits seeking accounts, based on the value of the relief claimed. [/read]
- Can court fees be paid in installments?
a) No, full payment is mandatory
b) Yes, with court approval
c) Only in cases of financial hardship
d) Yes, if specified in the state rules
[read more] Answer
d) Yes, if specified in the state rules
Explanation – Some states allow payment of court fees in installments under specific rules, subject to court approval. [/read]
- What is the purpose of a certificate under Section 26 of the Act?
a) To grant exemption from fees
b) To authorize the refund of fees
c) To certify that the fees paid are correct
d) To validate undervalued suits
[read more] Answer
c) To certify that the fees paid are correct
Explanation – Section 26 provides for the issuance of certificates confirming the correctness of the court fees paid. [/read]
- Which authority resolves disputes regarding the valuation of a suit?
a) Registrar of the High Court
b) Trial Court
c) State Revenue Officer
d) Supreme Court
[read more] Answer
b) Trial Court
Explanation – The trial court has jurisdiction to adjudicate disputes regarding the valuation of suits and determine the appropriate court fees. [/read]
- What is the court fee payable for a suit involving the recovery of immovable property?
a) Fixed fee
b) Ad valorem fee based on market value
c) No fee is required
d) Fee depends on rental value
[read more] Answer
b) Ad valorem fee based on market value
Explanation – Suits for recovery of immovable property require court fees based on the market value of the property claimed. [/read]
- Can the court proceed with a suit if the requisite court fees are not paid?
a) Yes, the court can proceed without fees
b) No, the plaint will be rejected under Order VII Rule 11 CPC
c) Yes, but only with the defendant’s consent
d) Yes, but with a conditional order
[read more] Answer
b) No, the plaint will be rejected under Order VII Rule 11 CPC
Explanation – Non-payment of requisite court fees results in rejection of the plaint under Order VII Rule 11 CPC. [/read]
- What does Section 19-D specifically deal with?
a) Suits for compensation for wrongful detention
b) Exemptions for government institutions
c) Fees for suits relating to pre-emption
d) Fees for injunction suits
[read more] Answer
a) Suits for compensation for wrongful detention
Explanation – Section 19-D prescribes the method of calculating court fees for suits involving compensation for wrongful detention of property. [/read]
- Which case clarified that court fees must align with the actual relief sought?
a) S.R. Muralidhar v. State of Tamil Nadu
b) Neelavathi v. N. Natarajan
c) Abdul Kadir v. Madhav Prasad
d) Bhagwan Dass v. State
[read more] Answer
b) Neelavathi v. N. Natarajan
Explanation – The Court held that court fees must correspond to the relief claimed and its valuation in the plaint. [/read]
- What is the fee payable for an appeal in a small causes court?
a) Ad valorem fee on the value of the appeal
b) Nominal fixed fee
c) No fee is required
d) Half of the original court fee
[read more] Answer
b) Nominal fixed fee
Explanation – Appeals in small causes courts typically attract a nominal fixed fee, as prescribed in the fee schedule. [/read]
- What does Section 6 of the Court Fees Act prohibit?
a) Filing suits without court fees
b) Charging excessive fees
c) Collecting fees for affidavits
d) Exempting paupers from fees
[read more] Answer
a) Filing suits without court fees
Explanation – Section 6 explicitly prohibits the institution of suits unless the requisite court fees are paid, ensuring compliance with the Act. [/read]
- Which section deals with fees for written statements?
a) Section 8
b) Section 7
c) Section 6
d) Section 10
[read more] Answer
a) Section 8
Explanation – Section 8 governs the payment of court fees for written statements filed during proceedings. [/read]
- In which case did the Supreme Court emphasize the need for a liberal interpretation of court fee exemptions for indigent persons?
a) State of Maharashtra v. Shankar Rao
b) Saroj Bala v. State of Uttar Pradesh
c) K.C. Dora v. G. Annamanaidu
d) Union of India v. Vasavi Co-op Housing Society
[read more] Answer
c) K.C. Dora v. G. Annamanaidu
Explanation – The Court emphasized that provisions for exemption should be interpreted liberally to ensure access to justice for indigent persons. [/read]
- What does Section 9 of the Act primarily address?
a) Refund of court fees
b) Fees for appeals
c) Valuation of immovable property
d) Penalty for undervaluation
[read more] Answer
c) Valuation of immovable property
Explanation – Section 9 outlines the valuation principles for suits involving immovable property, ensuring uniformity in fee calculation. [/read]
- Can court fees be refunded if a suit is settled out of court?
a) No, fees are non-refundable
b) Yes, under Section 13
c) Only for small claims
d) Only with court approval
[read more] Answer
b) Yes, under Section 13
Explanation – Section 13 allows for a refund of court fees if a suit is settled amicably before the trial begins. [/read]
- Which schedule of the Act prescribes the specific fees for different suits?
a) Schedule I
b) Schedule II
c) Schedule III
d) Schedule IV
[read more] Answer
a) Schedule I
Explanation – Schedule I of the Court Fees Act provides detailed provisions regarding the fees payable for various categories of suits. [/read]
- What is the court fee for a declaratory suit without consequential relief?
a) Fixed fee
b) Ad valorem fee on claim value
c) Nominal fee
d) No fee is required
[read more] Answer
a) Fixed fee
Explanation – Declaratory suits without consequential relief attract a fixed fee as specified in the fee schedule. [/read]
- Who has the power to exempt certain categories of cases from court fees?
a) Supreme Court
b) High Court
c) State Government
d) Central Government
[read more] Answer
c) State Government
Explanation – The State Government has the authority to exempt specific cases or categories from payment of court fees under its jurisdiction. [/read]
- Which section governs the computation of fees for suits involving movable property?
a) Section 7(iv)(b)
b) Section 8
c) Section 6
d) Section 19
[read more] Answer
a) Section 7(iv)(b)
Explanation – Section 7(iv)(b) outlines the rules for calculating court fees for suits involving movable property, based on its market value. [/read]