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Report No. 189

The manner in which the Court-fee legislation was being amended from time to time

The Court Fees Act, 1870 was originally passed as 'Central Act' by the Governor General in Council and was extended to the whole of then British India. The Act continued to be in force by virtue of section 292 of the Government of India Act, 1935. The Court Fees Act, 1870 continues to be in force even after Constitution of India has come into force, by virtue of Art.372 of the Constitution.

The Devolution Act, 1920 empowered then Provinces to amend the Court Fees Act. As mentioned above, the subject of Court fees was mentioned in item 1 of List II of the Seventh Schedule to the Govt. of India Act 1935 and similarly as per Entry 3 of List II of VII Schedule to the Constitution, the Court fees has become a State subject as per the Constitutional scheme. As 54it had become a 'State' subject, many States have amended the Court Fees Act, 1870. Some of the States have even repealed this Central Act in their State and enacted a new Act for Court fees.



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