Court Fees on Petitions and Role of Court-Fee Examiners: Sections 16 & 17 of The Rajasthan Court Fees and Suits Valuation Act, 1961

Section 16: Court Fee on Petitions and Applications

Not only does the court fee apply to suits and appeals, but also to petitions and applications. The above rules for determining the correct fee and making payments, discussed in Sections 10 to 13, would also be applicable to petitions and applications.

For instance, if an individual presents a petition in the High Court to enforce a legal right, they are required to pay the requisite court fee. Likewise, if an individual presents an application for succession rights, the fee is calculated according to the value of the property being applied for. The court insists on the payment of the correct fee before dealing with the petition.

This provision ensures uniformity in court fee payments in various legal proceedings.

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Section 17: Function of Court-Fee Examiners

In order to ensure that courts properly charge and collect fees, the High Court appoints special officers known as Court-Fee Examiners. These officers examine the records of lower courts to verify whether proper fees have been paid. If they detect any errors, they report to the concerned court.

For instance, a Court-Fee Examiner can initiate the issue where a lower court has accepted a plaint with low fee. It is then upon the court handling the case to examine the situation and determine whether the fee ought to be remedied.

This system prevents courts from suffering revenue losses as a result of erroneous fee payments and ensures that all legal proceedings adhere to the proper fee structure. It also enables courts to reconsider their previous rulings on court fees if necessary.