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Report No. 189

Questions for Consideration

Accordingly, the Commission proposes to address the following questions that arise for consideration:

(1) What is the modern concept of 'access to Justice'? This is dealt with in Chapter II.

(2) Whether the Court Fees Act, 1870 can be amended by Parliament and whether Parliament can enact a law relating to the court fees payable in High Courts and other subordinate courts? In what manner has the court-fee legislation been amended from time to time? These are addressed in Chapter III.

(3) Whether court fees structure should be revised in order to meet the increased expenditure in civil administration of justice? This is discussed in Chapter IV.

(4) What is the practice in other countries with regard to the concept of full cost recovery? Chapter V deals with this aspect.

(5) Whether there is a need to revise the court fees structure in order to build financial disincentives to discourage vexatious litigation? This is taken up for consideration in Chapter VI.

(6) What are the alternatives to check frivolous litigation? Chapter VII examines these alternatives.

(7) Whether court fees structure should be revised owing to the fall in the value of rupee over a long period? The question of revision of court fees consistent with the devaluation of the rupee is addressed in Chapter VIII.

The conclusions and recommendations of the Law Commission are set out in Chapter IX of this Report.

Revision of Court Fees Structure Back

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