Muluki Civil Procedure Code, 2017

Explanation: For the purposes of this subsection, "knowingly" means the act of not collecting court fee under this Chapter on the value or amount in dispute apparent from the contents of the plaint or petition of appeal or from evidence.

(3) If, upon inquiry under subsection (2), the contents of the complaint are found to be false, the complainant shall be fined at the rate of fifteen percent of the amount claimed as excess court fee collected or determined.

८०. घटी अदालती शुल्क लिए वा बुझाए बापत जरिबाना हुने : (1) If it appears that a person has reduced the value or amount in dispute with the intention of paying less court fee, the interested party may file a complaint in the court where the case is pending.

(2) If, upon inquiry into the complaint received under subsection (1), or upon examination of the case file by the court even without such complaint, it appears that the value or amount in dispute has been reduced with the intention of depositing less court fee, the court shall impose a fine of fifteen percent of the reduced court fee on such party and require him to deposit the deficit court fee.

(3) If, upon inquiry into the complaint filed under subsection (1), the complaint is found to be false, the complainant shall be fined five percent of the amount claimed as deficit court fee.

(4) If it appears from any complaint or in any other manner that a court employee has knowingly collected court fee less than the amount chargeable, departmental action shall be taken against him under law.

(5) If the final judgment in the case in which court fee was collected less under subsection (4) has been rendered, or the time for appeal in such case has expired, and such court fee cannot be recovered from the concerned party, the amount of such court fee shall be recovered from the employee who collected the less amount.

८१. अदालती शुल्क जफत हुने : In a case where court fee is chargeable, if the plaintiff or appellant loses the case, or if, upon proceedings on a petition for review or retrial, the previous judgment is upheld, the court fee deposited by him shall be forfeited.

८२. मुद्दा मिलापत्र, डिसमिस वा खारेज भएमा गर्ने : (1) In a case registered upon full payment of court fee, if a compromise is made, twenty-five percent of the court fee shall be taken if the compromise is made before the commencement of evidence at the trial level, and half of the court fee shall be taken if the compromise is made at any stage or level thereafter, and the remaining court fee shall be refunded to the plaintiff, appellant or concerned party.

(2) In a case registered on the condition that the court fee is to be paid later in whole or in part, when making a compromise, the court shall collect the court fee chargeable under subsection (1) from the plaintiff or appellant and then only allow the compromise.

(3) If a case registered upon full payment of court fee is dismissed or struck off, no penalty shall be imposed on the plaintiff or appellant.

(4) If a case is dismissed or struck off, the court fee paid for such case shall not be refunded.

(5) If a case registered on the condition that the court fee is to be paid later in whole or in part is dismissed or struck off, the balance court fee shall be recovered from the plaintiff or appellant.