Court Fees Act, 1870 – MCQ (Set 7)
- Under which section can a person claim a refund of court fees for suits withdrawn before trial?
a) Section 9
b) Section 12
c) Section 13
d) Section 15
[read more] Answer
c) Section 13
Explanation – Section 13 of the Court Fees Act provides for the refund of court fees in cases where a suit is withdrawn before any evidence is recorded or trial begins. [/read]
- What is the prescribed court fee for a suit to enforce a right to pre-emption?
a) Fixed nominal fee
b) Ad valorem fee on the market value of the property
c) Percentage of the claimed relief
d) No fee is payable
[read more] Answer
b) Ad valorem fee on the market value of the property
Explanation – Suits for enforcing pre-emption rights require court fees to be calculated based on the market value of the property in question. [/read]
- Which section empowers the State Government to make rules regarding court fees?
a) Section 34
b) Section 35
c) Section 26
d) Section 38
[read more] Answer
d) Section 38
Explanation – Section 38 grants the State Government the authority to make rules and prescribe forms for the implementation of the Court Fees Act. [/read]
- Under Section 7(v), how is the court fee for a suit involving an annuity determined?
a) Fixed fee for all annuities
b) Ad valorem fee based on the annuity value
c) Percentage of annual payments
d) Fee depends on the annuity duration
[read more] Answer
b) Ad valorem fee based on the annuity value
Explanation – Section 7(v) prescribes that court fees for suits involving annuities are based on the value of the annuity, calculated at a specific rate. [/read]
- What is the significance of the case State of Maharashtra v. Mishrilal Tarachand Lodha?
a) It dealt with undervaluation of suits.
b) It clarified the refund provisions under Section 13.
c) It highlighted exemptions for government institutions.
d) It determined the valuation of annuities for court fees.
[read more] Answer
b) It clarified the refund provisions under Section 13.
Explanation – This case interpreted Section 13, emphasizing conditions under which court fees can be refunded when suits are withdrawn or settled. [/read]
- Which section addresses fees for plaints rejected due to jurisdictional issues?
a) Section 13
b) Section 6
c) Section 20
d) Section 10
[read more] Answer
a) Section 13
Explanation – Section 13 allows for a refund of court fees for plaints rejected on jurisdictional grounds, provided the rejection is due to no fault of the plaintiff. [/read]
- What is the purpose of a valuation certificate in court fee matters?
a) To exempt the plaintiff from paying fees
b) To determine the exact value of the claim
c) To validate the defendant’s counterclaim
d) To approve the plaint filing
[read more] Answer
b) To determine the exact value of the claim
Explanation – A valuation certificate is issued to assess the accurate value of the claim to ensure appropriate court fees are paid. [/read]
- Under which schedule is the fee for a plaint in a suit for accounts provided?
a) Schedule I, Article 1
b) Schedule II, Article 10
c) Schedule I, Article 7(iv)(f)
d) Schedule II, Article 6
[read more] Answer
c) Schedule I, Article 7(iv)(f)
Explanation – Schedule I, Article 7(iv)(f) prescribes court fees for plaints in suits for accounts, calculated on the relief value. [/read]
- What is the effect of undervaluation of court fees discovered after decree?
a) The decree is invalidated
b) Plaintiff is required to pay the deficit fee
c) The case is reopened for valuation
d) The defendant can claim reimbursement
[read more] Answer
b) Plaintiff is required to pay the deficit fee
Explanation – If undervaluation is discovered post-decree, courts may direct the plaintiff to pay the deficit fee, without invalidating the decree. [/read]
- What does Section 10 of the Act primarily address?
a) Fees for written statements
b) Fees for injunction suits
c) Valuation of suits involving multiple claims
d) Computation of fees for cross-objections
[read more] Answer
d) Computation of fees for cross-objections
Explanation – Section 10 deals with the calculation of court fees for cross-objections in appellate proceedings, ensuring they align with the relief sought. [/read]
- Which case held that indigent persons must be granted liberal exemptions from court fees?
a) K.C. Dora v. G. Annamanaidu
b) Union of India v. Vasavi Co-op Housing Society
c) S.R. Mehta v. State of Tamil Nadu
d) Neelavathi v. N. Natarajan
[read more] Answer
a) K.C. Dora v. G. Annamanaidu
Explanation – The Court emphasized that exemptions for indigent persons should be interpreted liberally to ensure access to justice. [/read]
- Under Section 7(iv)(b), how is the court fee for movable property recovery calculated?
a) Fixed fee for all movable property suits
b) Ad valorem fee based on the property value
c) Fee depends on the property’s usage
d) No fee is required for recovery suits
[read more] Answer
b) Ad valorem fee based on the property value
Explanation – Court fees for recovery suits involving movable property are calculated ad valorem, based on its market value. [/read]
- Which schedule prescribes fees for mortgage-related suits?
a) Schedule I, Article 6
b) Schedule II, Article 4
c) Schedule I, Article 7(iv)(c)
d) Schedule II, Article 5
[read more] Answer
c) Schedule I, Article 7(iv)(c)
Explanation – Mortgage-related suits are covered under Schedule I, Article 7(iv)(c), specifying fees based on the mortgage value or claim amount. [/read]
- Can the State Government exempt specific classes of suits from court fees?
a) Yes, under Section 35
b) No, only the Central Government can
c) Yes, under Section 38
d) Only with High Court approval
[read more] Answer
a) Yes, under Section 35
Explanation – Section 35 empowers the State Government to exempt particular categories of suits from payment of court fees, based on policy considerations. [/read]
- What is the court fee for a declaratory suit involving no consequential relief?
a) Fixed nominal fee
b) Ad valorem fee based on claim value
c) No fee is required
d) Fee depends on court discretion
[read more] Answer
a) Fixed nominal fee
Explanation – Declaratory suits without consequential relief attract a fixed nominal fee as specified in the Court Fees Act. [/read]
- Under which section is a refund permitted when a suit is settled outside court?
a) Section 13
b) Section 20
c) Section 6
d) Section 15
[read more] Answer
a) Section 13
Explanation – Section 13 provides for the refund of court fees when a suit is amicably settled before trial or evidence begins. [/read]
- Which case highlighted the issue of undervaluation in specific performance suits?
a) L.R. Sarin v. State of U.P.
b) Abdul Kadir v. Madhav Prasad
c) Bhagwan Das v. State
d) Neelavathi v. N. Natarajan
[read more] Answer
a) L.R. Sarin v. State of U.P.
Explanation – This case addressed undervaluation concerns and clarified the correct valuation method for specific performance suits. [/read]
- What is the procedure for rectifying undervaluation discovered during proceedings?
a) Suit is dismissed automatically
b) Plaintiff is allowed to pay the deficit fee
c) Case is transferred to a higher court
d) Defendant is asked to bear the cost
[read more] Answer
b) Plaintiff is allowed to pay the deficit fee
Explanation – Courts typically permit plaintiffs to rectify undervaluation by paying the deficit fee within a stipulated timeframe. [/read]
- Which authority has the final say on the valuation of a suit?
a) The Trial Court
b) The High Court
c) The Supreme Court
d) The Registrar
[read more] Answer
a) The Trial Court
Explanation – The trial court is responsible for determining and finalizing the valuation of a suit for court fee purposes. [/read]
- Under which section are fees for probate and letters of administration provided?
a) Section 19-I
b) Section 19-K
c) Section 20
d) Section 7(vii)
[read more] Answer
a) Section 19-I
Explanation – Section 19-I deals with court fees payable for probate and letters of administration, calculated on the estate value. [/read]