Feature Court Fees Act, 1870 Suits Valuation Act, 1887

Enacted in 1887, also by the British Parliament, to

1. Origin & Enacted in 1870 by the British Parliament, primarily address issues of court jurisdiction based on suit
Enactment for revenue generation in British India. value.
2. Primary To levy and collect fees on legal proceedings to To determine the pecuniary jurisdiction of courts,
Objective generate revenue for the government. ensuring cases are filed in the appropriate court.
Fiscal statute; primarily concerned with financial Procedural statute; deals with the procedure of filing
3. Nature of the Act matters (court fees). suits in the correct court.
Need for funds to support the administration of Need to streamline court administration and prevent
4. Need/Rationale justice and to potentially deter frivolous litigation. overburdening higher courts with smaller cases.
Amount of court fee payable on different types of Value of the suit for the purpose of determining which
5. Focus suits and documents. court has the authority to hear it.
Applies to various civil suits, appeals, and certain
applications in courts across India (with some state- Applies to civil suits to determine the appropriate
6. Scope specific amendments). court based on pecuniary jurisdiction.
Prescribes specific methods for valuing different Provides rules for valuing suits to determine the
7. Valuation types of suits (e.g., suits for money, land, pecuniary jurisdiction of courts, which may
Methods injunctions, etc.) to calculate court fees. sometimes differ from valuation for court fees.
8. Enforcement
Date Came into force on April 1, 1870. Came into force on March 11, 1887.
Filing a suit in the wrong court due to incorrect
9. Impact on Court Non-payment or insufficient payment of court fees valuation can lead to the return or transfer of the
Proceedings can lead to rejection of plaints or appeals. case.
Works in conjunction with the Code of Civil
10. Relationship Procedure, 1908, which governs the overall Also works in conjunction with the CPC, particularly
with CPC procedure of civil suits. regarding jurisdiction and the filing of suits.
- Suits for money: Court fee is a percentage of the - Suits for property worth ₹5 lakhs would typically be
11. Examples of amount claimed. - Suits for land: Court fee is based filed in a District Court, while those exceeding that
Valuation on the market value of the land. value might go to the High Court.
Covers a wide range of suits, including suits for
12. Types of Suits money, property, injunctions, specific performance, Primarily focuses on suits where pecuniary
Covered etc. jurisdiction is a key factor.
Under-valuation to bring a suit within the jurisdiction
13. Effect of Under- Under-valuation to evade court fees can result in of a lower court can lead to objections and potential
valuation penalties or rejection of the plaint. transfer of the case.
Over-valuation generally doesn't have direct legal Over-valuation to file a suit in a higher court can lead
14. Effect of Over- consequences but may result in unnecessary to objections and potential transfer to the appropriate
valuation payment of higher court fees. court.
15. Case Laws - Secretary of State for India v. Swarath Singh - Jai Singh v. State of Rajasthan (Deals with
(Illustrative) (Illustrates principles of valuation for court fees) jurisdictional issues related to suit valuation)
Many states in India have made amendments to the Some states have also made amendments to the
16. State Court Fees Act to suit their specific needs and Suits Valuation Act, often in conjunction with changes
Amendments circumstances. to court fee structures.
Disputes regarding court fees are usually resolved Disputes regarding valuation for jurisdiction are also
17. Dispute by the court itself, often at the initial stages of the resolved by the court, typically upon objections raised
Resolution suit. by the defendant or the court itself.
Orders related to court fees can sometimes be
challenged in appeals, depending on the specific Orders regarding jurisdiction based on suit valuation
18. Appeals provisions and the nature of the order. can also be subject to appeal.
Proper valuation and adherence to jurisdictional rules
19. Impact on High court fees can potentially limit access to ensure efficient allocation of judicial resources and
Access to Justice justice for economically disadvantaged individuals. prevent delays.
While distinct, the two Acts are related. In some
cases, the valuation may be the same for both court
fees and jurisdiction. However, this is not always The Suits Valuation Act often relies on the principles
20. Interplay the case, and the Acts have separate purposes and of valuation laid down in the Court Fees Act, but it
between the Acts application. applies them for a different purpose.