chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Civil procedure code

(2) Except in the case referred to in sub-section (1), if an order is made to make a review or revision on a petition made for the review or revision of any case, the court fees shall be paid for the review or revision of the case, as the case may be. Explanation: For the purposes of this Chapter, the term "court fees" means the fees to be charged while lodging a plaint or memorandum of appeal or a petition for the review or revision of a case, and includes the fees payable by a person who makes a counter claim. (3) Notwithstanding anything contained in sub-section (1) or (2), no court fees shall be charged pursuant to this Chapter in the case of a case in which the Government of Nepal is a plaintiff or a case to be heard and adjudicated by a local body in accordance with law or proceeding to be carried out by a body specified by the Government of Nepal by a notification in the Nepal gazette. 64. Case not to be heard without payment of court fees: (1) No person may lodge a plaint, memorandum of appeal or make counterclaim or petition for the review or revision of any case without payment of the court fees charged pursuant to this Chapter nor shall such a plaint, appeal or petition be entertained. (2) Except as mentioned elsewhere in this Chapter, a plaint, memorandum of appeal or petition for the review or revision of a case without payment of the court fees shall be dismissed. 65. Cases may be heard without collection of court fees: (1) Notwithstanding anything contained in Section 64, in the following circumstance, the judge may, by executing a memorandum with the reasons, make an order to file a plaint, memorandum of appeal, counterclaim or review or revise a case, subject to the collection of the court fees later fully or partly: (a) If a person who is required to pay the court fees makes a petition specifying the reason that he/she is not able to pay the chargeable court fees fully or partly because of being extremely indigent and the judge has any reasonable ground to believe that matter, (b) If it is recommended by the concerned local body that a person who is required to pay the court fees is not able to pay the court fees because that person has no property other than the property subject to the case or if a petition is made by the person stating that matter, and the judge has any reasonable ground to believe that matter. (2) If the judge makes an order to collect court fees later fully or partly pursuant to sub-section (1), the concerned employee shall clearly write how much court fee has been collected and how much is outstanding and attach the records thereof with the case-file. Civil procedure code
Civil procedure code

(3) Notwithstanding anything contained in sub-section (1) or (2), no court fees shall be charged in relation to a case for the use of a government or public property. 66. Price or amount in question of property to be set out: (1) In making a plaint, the value or amount in question of the property that is claimed or disclaimed by the plaint shall be clearly set out in cash. (2) Except in a case set forth in sub-section (1), where only a claim is made that any matter to be done has not been done or any matter not to be done has been done or is about to be done, such a claim shall also be set out clearly. (3) Where a plaint is made with a claim pursuant to sub section (2) and a decision has to be made allowing the provision of the value or amount in question subsequently, the court shall, prior to making such a decision, cause the plaint maker to pay the court fees according to such a value or amount in question. 67. Bases for fixation of value or amount in question: For the purpose of the payment of court fees, the value or amount in question of an immovable property shall be fixed on the basis of the following order of priority pursuant to Section 66: (a) Fees fixed by the land revenue office for the purpose of registration, (b) The value fixed, if any, by the Government of Nepal for the purpose of tax, (c) Locally prevailing value. 68. Civil procedure code
Civil procedure code

Value or amount in question to be taken as basis while collecting court fees: In collecting the court fees, the same shall be collected on the basis of the following value or amount in question: (a) Where the right in cash has to be established or claim in cash to be de-established, the figure of the amount in which the right or claim has to be so established or de established, (b) Where gold or silver has to be provided or claim therein de-established, the figure to be set by the rate fixed by the Nepal Rastra Bank, and failing such a figure, the figure to be set as per the prevailing market rate, (c) Where a movable property other than that set forth in clause (b) has to be provided or released, the figure to be set as per the prevailing market value of that property, (d) Where a security or treasury bill has to be provided or claim in it has to be de-established, the value set by the stock exchange, (e) In the case of a movable property of which prevailing market value is not set pursuant to clause (c), the figure of value or amount in question set by the plaintiff, (f) Where yields of a land are claimed, the figure of yields of the previous year not subject to natural calamities, (g) Where a claim in an immovable property is made or right or claim in such property has to be de-established, the figure of value or amount in question as set by the plaintiff pursuant to Section 66, (h) Where a claim is made that the yields of land subject to natural calamities have not been remitted, the figure of yields claimed for remission, (i) Where a claim is made for the remission of any thing other than the yields of a land, the figure of the thing so claimed for remission, (j) Where a claim is made for the right of trust, priest, _Bhandere_ etc. Civil procedure code
Civil procedure code

or a claim therein has to be de-established or a claim is made for releasing therefrom, the figure of the residual income to be enjoyable upon administering the functions of the trust and the figure or amount in question of the land as specified where other claim is made and the figure of such Khangi income of one year as may be enjoyed where the land is not specified, (k) Where right in contract amount is claimed or right or claim therein has to be de-established, the figure of contract of such number of years as for which the contract amount is claimed, and where a claim is made only for loss in income, the figure of loss in income so claimed, (l) In the case of a mortgage of an immovable property, the figure of the amount in question set forth in the deed, (m) Where insolvency or date for repayment has to be effected, the figure of the amount in question indicated by the debtor, (n) Where a claim is made for the provision of salary, allowance or installment, the figure as claimed, (o) Where a claim is made for compensation for loss of wages, the figure of the value as claimed, (p) Where a claim is made for a principal, profit, dividend, bonus, donation, gift, interest, house or shop rent or any property, the figure of such a principal, profit, interest, rent or property, (q) Where a claim is made for any compensation, the figure of compensation so claimed, (r) Where a claim is made for act or recovery to be done or made pursuant to a contract, the figure of such act or recovery so claimed to be done or made. 69. Rate of court fees: There shall be charged the court fees at the following rate from the value or figure of the amount in question as claimed pursuant to Section 68 or a claim in which is prayed for de establishment, in making a plaint: (a) Two hundred rupees for up to the first two thousand rupees, (b) For up to twenty five thousand rupees, at the rate of four percent for up to the second twenty three thousand rupees, (c) For up to one hundred thousand rupees, at the rate of three percent for up to the third seventy five thousand rupees, (d) For up to two hundred fifty thousand rupees, at the rate of two percent for up to the fourth one hundred thousand rupees, (e) For above two hundred fifty thousand rupees, at the rate of one percent for any figure whatsoever thereabove. 70. Civil procedure code
Civil procedure code

Court fees to be charged in lump sum: (1) Notwithstanding anything contained in Section 69, the court fees of five hundred rupees shall be charged in a case on any of the following matters and matters related thereto: (a) Registration or transmission of a land or cancellation of such a registration or transmission, (b) Claim of invoice and receipt, (c) Claim for invalidation of a deed, deed on repayment date, guarantee letter, bond, receipt etc., (d) Claim for eviction of tenant from a house or land or claim against such eviction, (e) Claim on obstruction with the making of a dam, canal or ditch or carrying of water through such a dam, canal or ditch or on the use of water in defiance of order, (f) Claim for keeping an exit, window or door open or closed, or for making, adding or closing a window, door or veranda, (g) Claim for the issuance of an injunction or mandatory order to refrain, or cause to be refrained, from doing any act or to cause any act to be done or for the withholding of such an order, (h) Determination of full competency, semi-competency or incompetency of any person, (i) Divorce, (j) Settlement of relation, (k) Demand for judicial declaration of the death of a person or cancellation of a judicial declaration or claim for amendment thereto, (l) Claim for commencement or non-commencement of insolvency proceeding, (m) Appointment or cancellation of appointment of a trustee, (n) Appointment or cancellation of appointment of a guardian, (o) Appointment or cancellation of appointment of a curator, (p) Claim for usufruct or cancellation thereof, Provided that the court fees shall be charged on the basis of the value, if any, mentioned, (r) Claim for servitude or cancellation thereof. (2) Notwithstanding anything contained in sub-section (1), the court fees of one thousand rupees shall be charged on the following cases: (a) Claim for the ascertainment or provision of a partition share in the property subject to partition, (b) Voidance of a deed or document. 71. Civil procedure code
Civil procedure code

Special provision relating to collection to court fees: (1) Notwithstanding anything contained in section 70, the court fees shall be charged as follows on the following cases: (a) The court fees pursuant to Section 68 where the right in any property has to be established or de-established from the plaintiff's or appellant's pleas, (b) Where an inventory of property is not submitted along with a plaint on the partition case and the amount in question of the property is ascertained as set forth in an inventory submitted along with a statement of defense or required by the court, the court fees as per the figure of such an amount in question, (c) Where a plaint is made claiming both principal and interest, the court fees of the figure of interest accrued up to the date of filing of plaint, (d) Where the judgment decrees the recovery of interest as well, the court fees of the figure of interest accrued from the date of filing of plaint to the date of the judgment. (2) Notwithstanding anything contained in sub-section (1), where the value or amount in question is set out in any case, the court fees shall be charged on the basis of the value or amount in question as mentioned in the other Sections of this Chapter and the court fees of one thousand rupees shall be charged, subject to Section 70, in any other case whatever in which the value or amount in question is not set out. 72. Value of previous day on which case is filed to be set: (1) In setting the value of any property for the purposes of the court fees pursuant to this Chapter, the value shall be set taking as the basis the value of the property prevailing on the previous day of the day on which the case is filed. 73. Court fees chargeable on making appeal: (1) Irrespective of the level in which an appeal is made in a case in which the value or amount in question is set out, there shall be charged the court fees at the rate of fifteen percent of the court fees chargeable while filing a plaint, up to the extent to which appeal is made upon being unsatisfied. (2) In making an appeal at any level in a partition case in which the amount in question is not set out, there shall be charged the court fees equal to the court fees chargeable while filing the plaint. (3) Where an appeal is made to the second layer court against the appeal judgment made by the first layer court hearing appeal, there shall be charged the court fees at the rate of fifteen percent of the court fees chargeable while filing the plaint, up to the extent to which appeal is made upon being unsatisfied. 74. Civil procedure code
Civil procedure code

Court fees chargeable for making review or revision of case: Where, on a petition made for the review or revision of any case in accordance with law, an order is made to review or revise the case, there shall be charged the court fees at the rate of fifteen percent of the court fees chargeable while filing the plaint, up to the extent to which the pray is made to have a review or revision upon being unsatisfied. 75. Payment of court fees, penalty and fine: (1) In making an appeal by any party of a case against the original judgment or in making an appeal to the second layer court hearing appeal against the judgment of the first layer court hearing appeal, there shall be paid the court fees as held to have been provided by the party to the other party in pursuance of the judgment. (2) In making a petition by any party of a case for its review of revision in accordance with law, there shall be paid the court fees charged pursuant to the judgment. (3) Notwithstanding anything contained elsewhere in this Chapter, if any penalty or fine is imposed on any party of a case pursuant to the judgment, no memorandum of appeal or petition made for the review or revision of a case shall be filed without payment of such a penalty or fine or furnishing of security for the same. 76. Court fees required to be paid in cash: (1) Except as otherwise provided for in this Chapter, the court fees shall be paid in cash. (2) If payment of court fees is made to the court pursuant to this Section, the concerned employee shall credit the court fees to the cash book, duly prepare a receipt thereof in duplicate, give one copy to the person making payment of court fees and retain the other copy in the concerned case-file. 77. Shortfall court fees caused to be paid: (1) If it appears, in filing a plaint or memorandum of appeal, or from the contents of the plaint or memorandum of appeal, that payment of court fees less than the court fees chargeable pursuant to this Chapter is tendered, the court shall cause the shortfall court fees to be paid immediately. (2) If any person, being unable to pay the shortfall court fees immediately pursuant to sub-section (1), requests for a time-limit, the court shall give the time-limit to the concerned person to pay the shortfall court fees within the deadline for making a plaint or memorandum of appeal if there are seven days to go for such a deadline, and, if the deadline is of less than seven days, within seven days. Civil procedure code
Civil procedure code

(3) If, subsequent to the filing of a plaint or memorandum of appeal, the court comes to know in any manner that there have been paid or taken the court fees less than the court fees required to be collected pursuant to this Chapter or if a complaint is made by any person on this matter and the complaint seems to be reasonable upon examination of the complaint, the court shall appoint the due date to pay the shortfall court fees within seven days if the party is on recognizance and issue a summons to pay the shortfall court fees within the time-limit of seven days if the party is not on recognizance. (4) If the party fails to pay the court fees within the period given pursuant to sub-section (3), such a case shall not be entertained. 78. To return excess court fees: (1) If, in the course of proceedings of a case, it is found on a petition by the party or in any other manner that there have been collected excess court fees from any party, the court shall return the excess court fees to the concerned party. (2) If it is found in any manner after the judgment on a case that there have been collected excess court fees, the concerned party may make a petition to the concerned court to get such court fees returned to him/her. (3) If, in examining the petition received pursuant to sub section (2), the applicant's demand seems to be reasonable, the court shall return court fees to the applicant. 79. Complaint may be made on court fees specified by court: (1) A person who is not satisfied with the court fees specified by the court pursuant to this Chapter may make a complaint to the judge of the same court within three days if the payment of court fees has not been made yet and within seven days prior to the judgment on the case where the payment of court fees has already been made. (2) If, in examining the complaint received pursuant to sub section (1), it appears that there have been collected excess court fees, the concerned judge shall make an order to return the excess court fees, and the employee who has so collected the excess court fees may be liable to departmental action. (3) If, in making examination pursuant to sub-section (2), the content of the complaint is held to be false, the person making such a complaint shall be liable to a fine at the rate of fifteen percent of the figure of the claim against the collection or specification of such excess court fees. 80. Punishment for collection or payment of less court fees: (1) The concerned party may make a complaint to the court where the case is _sub judice_ about the reduction of the value or amount in question with intention to pay less court fees. Civil procedure code
Civil procedure code

(2) If, in examining a complaint received pursuant to sub section (1), or in examining the case-file by the court itself despite that such a complaint has not been made, it appears that the value or amount in question has been reduced with an intent to pay less court fees, the court shall fine such a party with fifteen percent of the reduced court fees and cause that party to pay the shortfall court fees. (3) If, in examining a complaint made pursuant to sub section (1), the complaint is held to be false, such a complainant shall be liable to a fine of five percent of the figure as claimed to be shortfall. (4) If it appears, from a complaint made by any person or in any other manner, that any employee of the court has knowingly collected the court fees less than that required to be collected, the employee shall be liable to departmental action in accordance with law. Explanation: For the purposes of this sub-section, the term "knowingly" means the failure to collect the court fees pursuant to this Chapter according to such value or amount in question as appeared from the contents of the plaint or memorandum of appeal or evidence. (5) Where the final judgment has been passed on the case in which less court fees have been collected pursuant to sub-section (4) or the time-limit for appeal in such a case has already expired and such court fees cannot be recovered from the concerned party, the amount in question of the court fees shall be recovered from the employee who has so collected less court fees. 81. Forfeiture of court fees: If the plaintiff or appellant loses the case in which court fees are charged or if, upon proceeding with a petition for review or revision of verdict, the previous judgment is not upheld, the fees paid by him/her shall be forfeited. 82. Proceedings in cases where case is compromised, dismissed or canceled: (1) In executing a deed of compromise in a case filed upon full payment of the court fees, the court shall collect half the court fees for the execution of deed of compromise and return the remaining court fees to the plaintiff or appellant. (2) In executing a deed of compromise in a case filed on the condition of collection of the whole or any of the court fees subsequently, the court shall execute the deed of compromise only after collecting the court fees chargeable pursuant to sub-section (1) from the plaintiff or appellant. (3) If a case filed upon full payment of the court fees is dismissed or canceled, the plaintiff or appellant shall not be liable to any punishment. (4) If a case is dismissed or terminated, the court fees paid shall not be returned. Civil procedure code
Civil procedure code

(5) If a case filed on the condition of collection of the whole or any of the court fees subsequently is dismissed or terminated, the remaining court fees shall be recovered from the plaintiff or appellant. Provided that in the case of termination of a case, it appears that the plaint that should not have been filed by virtue of the contents of the plaint has been filed, the court fees collected in such a case shall be returned. (6) If a case which has been compromised, dismissed or canceled in fulfillment of the requirements of law is revived for any reason on a complaint by the party of case and to be proceeded again, the party on the complaint of whom the case is to be proceeded again shall again pay the court fees chargeable pursuant to this Chapter to the court where the case is _sub judice_ . 83. Recovery of court fees: (1) The winning party of a case in which court fees have been paid shall be entitled to recover the court fees paid by him/her from the losing party. (2) In making recovering of the court fees pursuant to sub section (1), such recovery shall be made according to such amount in question as held to be recoverable from each of them if there are two or more defendants or appellants, according to the extent of right or claim that has to be de-established from them respectively on the matter of de-establishment of right or claim and on pro rata basis from the losing defendants or respondents in the other circumstances. (3) Where a plaint has been filed without payment of some or whole of the court fees and the plaintiff or appellant wins the case, the court fees held to be chargeable shall be recovered from the other party as a penalty or fine. (4) If the plaintiff or appellant has made a claim of several matters, the plaintiff or appellant shall be entitled to recover the chargeable court fees from the other party only according to the extent of the claim of that matter as held to be sustained. (5) Where a case has been filed without payment of some or whole of the court fees and the plaintiff or appellant loses the case, the chargeable court fees shall be recovered from them. (6) If a judgment is passed under which the plaintiff or appellant is entitled to recover the court fees pursuant to this Section and the defendant or respondent dies prior to the recovery thereof, the plaintiff or appellant shall be entitled to recover such court fees from person who succeeds the inheritance of such a defendant or respondent. Civil procedure code