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Report No. 240

Par.- II

High Court

37. The Rules framed as under shall regulate the fee payable to the Advocates appearing in the High Court of Andhra Pradesh.

38. In all appeals arising out of suits for money or any other suit or other proceedings decided by a Court subordinate to the High Court (including appeals under Clause 15 of the Letters Patents) the fee shall be fixed at the same rate as in the trial Court.

39. The fee shall be fixed at half the amount if the appeal is uncontested at the time of the hearing or if the appeal is withdrawn before or during the hearing thereof or if the appeal is disposed of as infructuous, in all cases where costs are granted.

40. In all civil miscellaneous appeals filed in the High Court, the fee shall be fixed as in the lower Court in the proceedings from out of which such civil miscellaneous appeals arise.

41. In all civil miscellaneous petitions in the appeal or other proceedings the Court shall fix the fee payable to the successful party at a minimum of Rs. 500/-whenever costs are directed to be paid in such petitions.

42. Whenever a Counsel of more than 15 years standing at the Bar is assisted by a junior Counsel from the time when appearance is entered, an additional fee amounting to 1/3rd of the fee payable to the Senior Counsel shall be fixed by the Court subject to a minimum of Rs. 1,000/-.

43. In all petitions under Articles 226 and 227 of the Constitution of India and in all appeals arising therefrom under Clause 15 of the Letters Patent, the Court shall fix such fees as it considers to be just, and proper and irrespective of whether the petition or appeal as the case may be, is allowed, dismissed or disposed of.

44. For the purpose of these rules, whether relating to the fee to be fixed in the Courts subordinate to High Court, or in the High Court, the amount of valuation of the claim shall be as set out in the plaint or Memorandum of Appeal or Cross Objections and in applications under Articles 226 and 227 of the Constitution of India, it shall not be necessary to set forth such valuation.

45. In all election petitions, filed in the High Court, fee shall be fixed at not less than Rs. 10,000/- for each contesting respondent.

46. In all civil revision petitions and second appeals, fee shall be at not less than Rs.1,000/-.

47. In all proceedings not otherwise provided for, the costs shall be at the discretion of the court.

48. The fee-payable in all cases shall be rounded off to the nearest ten rupees, four rupees or less being neglected and five rupees or more being shown as ten rupees.

49. The Court shall order separate sets of fee only in cases where the parties advance or succeed on substantially independent grounds separate and specific to the party succeeding thereupon and only to the extent of the value of the property or the amount covered thereby provided, however, the Court shall be at liberty to apportion amongst the parties the fee payable in case of each contesting party whenever it is considered desirable and in all such cases it shall not be necessary that the total amount of fee so granted may or may not aggregate to the fee payable if the matter had been decided as if one set of fee was to be fixed.

50. In matters not provided for herein, the fee payable shall be in the discretion of the High Court and nothing in these shall be deemed to reduce the jurisdiction of the High Court to grant exemplary costs.

51. Every Advocate shall produce a certificate that he has received the fee claimed in the suit or appeal within two weeks from the date of the judgment.

52. The rules relating to the fee payable in the High Court shall be deemed to be the fee payable according to the Appellate Side Rules of the High Court of judicature, Andhra Pradesh.

53. In all original side matters and Company Petitions and Applications and any other matters which may be brought up and tried, by the High Cou1rt as a suit, the fee shall be not less than the fee prescribed for a suit of similar nature in the trial Court and in all company petitions or other applications, the fee shall be not less than Rs. 5,000/-and not more than Rs. 25,000/-.

54. The Advocates' Fee Rules, 1990 are hereby repealed.

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