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Report No. 128

Miscellaneous Matters

34. The question of levy of nominal fee on tort cases may be referred to the Law Commission for their examination and recommendation.

(Para. 34.2)

35. It will not be practicable to abolish fee on miscellaneous items and therefore fixed court fee as is being levied at present may continue to be levied. However, no fee may be charged on applications for certified copies of judgment.

(Para. 40.2)

36. With a view to avoiding difficulties in calculation and overpayment by litigants when stamps of requisite value of odd denomination are not available to fixed fee may be in terms of whole rupees or half rupees.

(Para. 41)

37. Introduction of a system, as a general rule, by which court fee may be realized in instalments at different stages of litigation is not practicable in all cases. The present system of realising full court fee at the time of filling of petitions/suits/appeals may continue unless otherwise specifically laid down in cases where hardship is involved. (e.g. claims before Motor Accident Claims Tribunal).

(Para. 42.3)

38. The present scheme of levy of process fee (which is, strictly speaking not court fee) may continue.

(Para. 43)

39. The structure of court fee in States/Union Territories may be reviewed and revised as may be necessary every ten years.

(Para. 44)

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