yamraj047/nepali-legal-rag-data huggingface dataset:
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 42: Deed to be witnessed:
Subsection (4)
(1) A deed required to be witnessed pursuant If it is required by law to obtain any license to prepare a deed, the writer preparing the draft pursuant to sub-section (3) shall also specify the details thereof.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 43: Deed failing to meet requirements to be invalid:
(1) A deed prepared without fulfillment of the requirements pursuant to this Chapter shall not be valid.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 43: Deed failing to meet requirements to be invalid:
Subsection (2)
(1) A deed Notwithstanding anything contained in sub-section (1), a deed may be recognized in any of the following circumstances, by imposing a fine not exceeding two hundred rupees in view of the nature of the deed. (a) If a person who can write has not affixed thumb impression but has duly affixed signature or has so affixed thumb impression as not to be clear, (b) If a person who can write has not affixed signature but has affixed thumb impression only, (c) If the deed at its end with the date of execution does not bear the signature or thumb impression of its executor, (d) If the deed has not been witnessed or, though witnessed, does not bear the signature of the witness, (e) If the name, surname, address and designation, as well, have to be set down, the deed omits any or all of the surname, address and designation.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 43: Deed failing to meet requirements to be invalid:
Subsection (3)
(1) A deed Notwithstanding anything contained elsewhere in this Chapter, if a law provides that any deed can be prepared through electronic means in accordance with law, the deed so prepared shall be deemed to be a duly prepared deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 44: Deed executed by executor to be valid: Notwithstanding anything
contained elsewhere in this Chapter, if a deed is proved to have been hand written by the executor himself or herself, such a deed shall be valid in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 45: Deed may be registered upon making remarks:
(1) If a person tenders a deed containing some erasure, addition and deletion, with the letters being legible, for registration in a government office or a body corporate, the concerned authority shall cause the person to affix his or her signature or thumb impression at the place of such erasure, addition or deletion, and authenticate and register the deed, with remarks of such erasure, addition or deletion in such a deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 45: Deed may be registered upon making remarks:
Subsection (2)
(1) If a person If a deed tendered by any government office or a body corporate for registration contains any erasure, addition or deletion, which is signed by the chief of such an office or a body or the person authorized by the chief, the same deed may be registered.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 45: Deed may be registered upon making remarks:
Subsection (3)
(1) If a person If any deed failing to meet the requirements pursuant to sub-section (1) or (2) is tendered for registration, the competent authority of such a government office or a body shall clearly set out and specify the reason why the deed cannot be registered on the reverse side of, date and sign, the deed, and, upon getting a receipt from the person tendering it for registration, return it.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 45: Deed may be registered upon making remarks:
Subsection (4)
(1) If a person Notwithstanding anything contained elsewhere in this Section, no document registered in a government office or a body corporate shall be returned to any one in exchange for another deed, and, no addition or deletion of any figure or letter to or from, or erasure or alteration in, such a deed shall be made.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 46: Copies of deeds to be provided:
(1) If any person who has concern in a case or his or her law practitioner makes an application for a copy of a deed contained in the case-file, including the plaint, statement of defense, memorandum of appeal, petition, deed relative to the evidence produced by the plaintiff or defendant and the judgment, the court shall provide the copy of such a deed as soon as possible. Provided that any law practitioner may obtain a copy of a judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 46: Copies of deeds to be provided:
Subsection (2)
(1) If any person who has concern Except as provided for in sub-section (1), any person concerned with any deed held in any government office or body corporate may make an application, setting out the matter why he or she is concerned with the deed, to the concerned government office or body corporate for a copy of the deed.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 46: Copies of deeds to be provided:
Subsection (3)
(1) If any person who has concern If the content of the application made by a person for a copy of the deed pursuant to sub-section (1) or (2) appears to be reasonable, there shall be charged a fee of five rupees per page where the concerned government office, corporate body or applicant himself or herself is to copy it or get it photocopied, and a fee of ten rupees per page where the government office or body corporate itself is to make the copy and provide it.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 46: Copies of deeds to be provided:
Subsection (4)
(1) If any person who has concern In providing a copy pursuant to sub-section (3), the matter that the copy has been provided as requested by the government office, corporate body or applicant and the copy corresponds to the original shall be authenticated, and the copy shall be provided on the same day.
The National Civil Procedure (Code) Act, 2017
Chapter-4: Provisions Relating to Preparation of Deeds
Section 46: Copies of deeds to be provided:
Subsection (5)
(1) If any person who has concern Notwithstanding anything contained elsewhere in this Section, no copy of a deed that has to be kept confidential or that has not to be made public pursuant to law or that has been ordered by a court not to be made public.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 47: Plaint to be filed within statute of limitation:
(1) If any certain period is specified by law for filing a plaint in any court, such a period shall be deemed to be a statute of limitation.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 47: Plaint to be filed within statute of limitation:
Subsection (2)
(1) If any certain If a statute of limitation is provided for pursuant to subsection (1), the concerned person shall file a plaint in the court within such statute of limitation.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 47: Plaint to be filed within statute of limitation:
Subsection (3)
(1) If any certain If any person appears in the court to file a plaint contrary to sub-section (2), his or her plaint shall not be registered, and even if such a plaint happens to have been registered for any reason, such a plaint shall be revoked.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 48: Plaint may be made failing provision of statute of limitation: If
no statute of limitation is provided by law for the filing of a plaint on any matter, a plaint may be made within six months after the date of the accrual of the cause of making plaint.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 49: Commencement of statute of limitation:
(1) A statute of limitation provided by a law for filing a plaint on any matter shall be deemed to have commenced in accordance with that law.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 49: Commencement of statute of limitation:
Subsection (2)
(1) A statute of limitation If there is no legal provision in relation to the commencement of a statute of limitation pursuant to sub-section (1), the statute of limitation shall be deemed to have commenced from the date of the accrual of the cause of making plaint.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 50: Plaint to be made from the date of knowledge:
(1) Notwithstanding anything contained in Section 48 or 49, if the statute of limitation of any person has been experied because of deception, forgery, fraud or conspiracy or similar other reason or not being in a position to know the matter since any act was done clandestinely, appears to file a plaint, setting out the reason, within ninety days after the date of knowledge of that matter by him or her, the court shall file such a plaint subject to this Chapter.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 50: Plaint to be made from the date of knowledge:
Subsection (2)
(1) For the purposes of sub-section (1), in the case of the Government of Nepal, Provincial Government, Local Level or any body corporate, the date on which the concerned office of such a Government or Level or such a body knew the cause of making plaint shall be deemed to be the date of knowledge.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 51: Plaint may be filed after leave:
(1) If the last day of the statute of limitation falls on a public holiday and the concerned person requests for the registration of a plaint on the first day on which the court opens immediately after such a holiday, the court shall register the plaint.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 51: Plaint may be filed after leave:
Subsection (2)
(1) If the last day of the statute of If a plaint is registered pursuant to sub-section (1), the plaint shall be deemed to have been filed within the statute of limitation. Explanation: For the purposes of this Section, the term "public holiday" means a holiday, for the whole or half day, as notified by the Government of Nepal or the concerned Provincial Government, in the case of a Province, that the government offices or courts remain closed on that day.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 52: Commencement of statute of limitation for minor or person of
unsound mind: (1) If any person who is to make a plaint is a minor, the statute of limitation shall be deemed to have been commenced in his or her case from the day on which he or she attains majority.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 52: Commencement of statute of limitation for minor or person of
Subsection (2)
If any person who is to make a plaint becomes of unsound mind prior to the commencement of the statute of limitation, the statue of limitation shall be deemed to have commenced in his or her case from the day on which he or she becomes of sound mind.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 52: Commencement of statute of limitation for minor or person of
Subsection (3)
If any person becomes of unsound mind after the commencement of the statute of limitation and he or she makes a plaint within the period of statute of limitation that remains after deduction of the period during which he or she is being of unsound mind, between the commencement and end of the statute of limitation, the plaint shall be deemed to have been made within the statute of limitation. Provided that if the period of statute of limitation remains after the person who was of unsound mind has become of sound mind is less than fifteen days, a period of fifteen days shall be deemed to be the remaining period of the statute of limitation.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 53: Commencement of statute of limitation for heir:
(1) If a minor or a person of unsound mind who is to make plaint dies before the minor becomes major or the person becomes of sound mind, his or her heir may make a plaint within the statute of limitation from the date on which he or she dies.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 53: Commencement of statute of limitation for heir:
Subsection (2)
(1) If a minor or If a minor becomes major and thereafter dies, his or her heir may make a plaint within the remaining period of the statute of limitation when such a remaining period is thirty-five days or more from the date on which he or she so dies, and within thirty-five days from the date on which he or she so dies when such a remaining period is less than thirty-five days from such a date.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 53: Commencement of statute of limitation for heir:
Subsection (3)
(1) If a minor or If a person of unsound mind becomes of sound mind and thereafter dies, his or her heir may make a plaint within the remaining period of the statute of limitation when such remaining period is thirty-five days or more from the date on which he or she so dies, and within thirty-five days from the date on which he or she so dies when such remaining period is less than thirty-five days from such a date.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 54: Plaint may be made by guardian or curator: Notwithstanding
anything contained in Section 52 or 53, in the case of a minor or person of unsound mind, his or her guardian or curator, if any, under law may make a plaint within the statute of limitation specified by law, pursuant to this Chapter.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 55: Statute of limitation not to be postponed: No statute of limitation
shall be postponed in the case of any other person except any one, out of the persons who are to make plaint jointly, who is a minor or person of unsound mind. Provided that such a minor or a person of unsound mind may make a separate plaint in his or her case subject to Section 53 after he or she becomes a major or a person of sound mind, as the case may be.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 56: Statute of limitation in relation to transaction carried on abroad
If the law or contract provides that a plaint may be made in any court of Nepal in relation to any act, action or transaction done or taken in a foreign country, such a plaint may be made subject to this Chapter as if such an act, action or transaction were done or taken within Nepal.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 57: Statute of limitation of plaint made in court without jurisdiction
If a person files a plaint in a court and it appears, for any reason, that the court has no jurisdiction to proceed, hear and settle such plaint, the statute of limitation for making a plaint by the concerned person shall be deemed to exist for such period starting from the date on which such a court terminates the proceeding thereon as remains by excluding the period from the day of filing of such a plaint to the day of termination of such proceeding in such a court. Provided that,
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 57: Statute of limitation of plaint made in court without jurisdiction
Subsection (1)
If the period of statute of limitation remains less than seven days, the statute of limitation for making a plaint shall exist until seven days.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 57: Statute of limitation of plaint made in court without jurisdiction
Subsection (2)
If the court has made an endorsement at the time of filing a plaint that it has no jurisdiction, the statute of limitation for filing a plaint pursuant to this Section shall not be extended merely by the reason that proceeding has been instituted in the court without jurisdiction.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 57: Statute of limitation of plaint made in court without jurisdiction
Subsection (3)
Nothing shall be deemed to bar the concerned person from filing a plaint in the competent court within the statute of limitation referred to in law merely by the reason that the court in which a plaint was filed has not settled the plaint after the court acknowledges that it has no jurisdiction to proceed, hear and settle such a plaint.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 57: Statute of limitation of plaint made in court without jurisdiction
Subsection (4)
If a plaint is filed, lying as to the statute of limitation, even after the expiration of the statute of limitation in accordance with law, the jurisdiction cannot be established merely by the reason that the plaint has been registered.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 58: Statute of limitation not to be expired: If a person who being
unable to file a plaint within the statute of limitation as a result of the occurrence of the following circumstance beyond control thereby statute of limitation expires, tenders a plaint for registration within the following period, setting out the matter of such expiration, the court shall, notwithstanding anything contained elsewhere in this Chapter, register such a plaint, subject to Section 59: (a) If a person entitled to file a plaint had to observe obsequies or mourning on his or her according to his or her tradition, at the demise of any one of him or her, a period of seven days, excluding the time required for journey, after the date on which a period of fifteen days of the death of such person elapsed, (b) If a person entitled to file plaint is a woman and delivered a child, a period of sixty days from the date of delivery, excluding the time required for journey, (c) If the route for journey remained closed due to flood, landslide or snow-fall or means of public transportation did not ply due to declaration of curfew or any other reason, a period of fifteen days, excluding the time required for journey, from the date of resumption of such a route or means of public transportation, (d) If a person entitled to file a plaint was abducted or taken hostage by any one, a period of fifteen days, excluding the time required for journey, from the date of being released from such abduction or hostage-taking, (e) If there occurred a disaster such as earthquake or volcano eruption, a period of ten days, excluding the time required for journey, from the date of occurrence of such a disaster. (f) If the person, because of being unconscious or unable to make movement because of any accident or being unable to make movement due to suffering from any severe disease all of a sudden, had to undergo treatment in a hospital, a period of fifteen days, excluding the time required for journey, from the date of his or her admission to the hospital.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 59: Evidence of reason for expiration of statute of limitation to be
submitted: (1) If any person, owing to the circumstance referred to in Section 50 or 58, fails to file a plaint within the statute of limitation, the person shall make a petition to the court, along with such evidence as may be necessary to prove that circumstance.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 59: Evidence of reason for expiration of statute of limitation to be
Subsection (2)
If any person, specifying a reason for being unable to submit the evidence along with the petition pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 59: Evidence of reason for expiration of statute of limitation to be
Subsection (1)
, requests for a period of time for the same, the court may give such period of time as it deems appropriate, not exceeding fifteen days, to the person intending to file a plaint for the submission of such evidence.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 60: Statute of limitation to commence from the date of approval: If
it is required by law to obtain approval of any one prior to filing a plaint against any person, body or office-bearer, the statute of limitation for filing the plaint on the matter shall be deemed to commence from the date on which the concerned person obtained the notice of such an approval.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 61: Statute of limitation to commence after specification of
authority:  If the Government of Nepal, any other body or officebearer is empowered by a law to specify the case trying authority, court or body, the statute of limitation for filing a plaint shall commence accordingly if such an authority, court or body is specified within the statute of limitation and, failing such specification, within thirty-five days under the relevant law from the date on which the authority, court or body was so specified. Provided that if a case is filed in the district court pursuant to Section 25, the matter shall be governed accordingly.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 62: Computation of period of statute of limitation:
(1) If the period of statute of limitation is specified in terms of days, the number of days so specified shall be computed on the day counting basis.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 62: Computation of period of statute of limitation:
Subsection (2)
(1) If the period In counting days pursuant to sub-section (1), the period of statute of limitation shall be fixed by counting days from the following day of the day on which the statute of limitation has been commenced.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 62: Computation of period of statute of limitation:
Subsection (3)
(1) If the period If the period of statute of limitation is specified in terms of month, the number of months so specified shall be computed on the basis of the first day of each month irrespective of the days of any month.
The National Civil Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Statute of Limitation
Section 62: Computation of period of statute of limitation:
Subsection (4)
(1) If the period If the period of statute of limitation is specified in terms of year, the number of years so specified shall be computed by treating a period of twelve months as one year.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 63: Payment of court fee:
(1) In filing any plaint, memorandum of appeal or counterclaim to the court, the court fee shall be charged.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 63: Payment of court fee:
Subsection (2)
(1) In filing any plaint, memorandum of If a review or revision order is made on a petition for the review or revision of any case, except that referred to in sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 63: Payment of court fee:
Subsection (1)
(1) In filing any plaint, memorandum of , the court fee shall be paid. Explanation: For the purposes of this Chapter, the term "court fee" means the fee to be charged in filing a plaint or memorandum of appeal, or petition for the review or revision of a case, and also includes the fee payable by anyone who files counterclaim.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 63: Payment of court fee:
Subsection (3)
(1) In filing any plaint, memorandum of Notwithstanding anything contained in sub-section (1) or (2), no court fee shall be charged pursuant to this Chapter in respect of a case in which the Government of Nepal or Provincial Government is a plaintiff, a case within the jurisdiction of the Local Level, a case involving the use of a public or government property, or a case to be proceeded with by the body specified by the Government of Nepal, by a notification in the Nepal Gazette.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 64: Case not to be proceeded with, without payment of court fee:
(1) No person may make any plaint, memorandum of appeal or counterclaim or petition for the review or revision of any case without payment of the court fee chargeable pursuant to this Chapter, and no proceedings shall be taken there upon.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 64: Case not to be proceeded with, without payment of court fee:
Subsection (2)
(1) Except as otherwise provided for in this Chapter, a plaint, memorandum of appeal or petition for the review or revision of a case registered without payment of the court fees shall be dismissed.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 65: Cases may be adjudicated without collecting court fee:
(1) Notwithstanding anything contained in Section 64, the judge, in any of the following circumstances, may, by executing a memorandum (Parcha) with the reasons, make an order to proceed with a plaint, memorandum of appeal, counterclaim or petition for the review or revision of a case, subject to the collection of the whole or part of the court fee subsequently: (a) If, upon examining a petition made by a person required to pay the court fees, specifying the reason that he or she is not able to pay the chargeable court fees fully or partly because his or her financial condition is extremely weak, there is any reasonable ground to believe that matter, (b) If it is recommended by the concerned Local Level that a person required to pay the court fees is not able to pay the court fees because that person has no property except the property subject to the case, or if, upon examining a petition, stating the same matter, made by such a person in the court, there is any reasonable ground to believe that matter.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 65: Cases may be adjudicated without collecting court fee:
Subsection (2)
(1) If the judge makes an order to collect the court fees later fully or partly pursuant to sub-section (1), the concerned employee shall clearly set down how much of court fees has been collected and how much is outstanding, and attach the records thereof with the case-file.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 66: Price or claimed amount of property to be specified:
(1) While filing a plaint one shall clearly specify the value or claimed amount of a property in terms of money which one has claimed or demanded to release from other's claim.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 66: Price or claimed amount of property to be specified:
Subsection (2)
(1) While If, except in the case set forth in sub-section (1), a person makes a claim only that any one has not done any thing which one is bound to do or has done or is about to do any thing which one is bound not to do, the plaint shall clearly specify such a claim also.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 66: Price or claimed amount of property to be specified:
Subsection (3)
(1) While If a plaint is filed with a claim pursuant to sub-section
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 66: Price or claimed amount of property to be specified:
Subsection (2)
(1) While and a decision has to be made allowing the provision of the value or claimed amount subsequently, the court shall, prior to making such a decision, cause the plaintiff to pay the court fees according to such a value or claimed amount.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 67: Basis for fixation of value or claimed amount: For the purposes of
the payment of court fee, the value or claimed amount of an immovable property shall be fixed on the basis of the following order of priority, pursuant to Section 66: (a) The fee fixed by the land revenue office for the purpose of registration, (b) The value, if any, fixed for the purpose of tax in accordance with the laws in force, (c) Locally prevailing value.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 69: Rate of court fee: The court fee shall be charged at the following
rate, according to the value or claimed amount, which is the subject matter of the claim for entitlement or claim for release from other's claim, pursuant to Section 68: (a) Five hundred rupees, for up to the first twenty-five thousand rupees, (b) By five percent, for up to the second twenty-five thousand rupees, that does not exceed fifty thousand rupees, (c) By three point five percent, for up to the third fifty thousand rupees, that does not exceed one hundred thousand rupees, (d) By two percent, for up to the fourth four hundred thousand rupees, that does not exceed five hundred thousand rupees, (e) By one point five percent, for up to the fifth two million rupees, that does not exceed two million five hundred thousand rupees, (f) By one percent, for any amount above it, not exceeding two million five hundred thousand rupees.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 70: Court fee to be charged in lump sum:
(1) Notwithstanding anything contained in Section 69, the court fee of a lump sum of five hundred rupees shall be charged, in any of the following matters and any case related thereto: (a) Registration or transmission of a land or voidance of such registration or transmission, (b) Claim for invoice and receipt, (c) Claim for the invalidation of a deed, deed of the time bound repayment (Bhakhapatra), letter of guarantee, bond, receipt etc., (d) Claim for the eviction of tenant from a house or land or claim against such eviction, (e) Claim on obstruction with the construction of a dam, canal or ditch or denial for carrying of water through such dam, canal or ditch or on the use of water in breach of priority order, (f) Claim for opening or closing any exit, window or door or for making, adding or closing any 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 vacation of such an order, (h) Determination of full competency, quasicompetency or incompetency of any person, (i) Divorce, (j) Settlement of relationship, (k) Claim for the judicial declaration of the death of a person or voidance of a judicial declaration or claim for amendment thereto, (l) Claim for commencement or non-commencement of bankrupt proceeding, (m) Appointment or voidance of appointment of a trustee, (n) Appointment or voidance of appointment of a guardian, (o) Appointment or voidance of appointment of a curator, (p) Claim for usufruct or voidance thereof, Provided that the court fee shall be charged according to the value, if any, specified. (r) Claim for servitude or voidance thereof.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 70: Court fee to be charged in lump sum:
Subsection (2)
(1) Notwithstanding Notwithstanding anything contained in sub-section (1), the court fee of one thousand rupees shall be charged in 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.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 70: Court fee to be charged in lump sum:
Subsection (3)
(1) Notwithstanding The court fee of a lump sum of two thousand five hundred rupees shall be charged on a dispute filed in relation to any other contract, if,  the claimed amount of which is not specified, save in sub-sections (1) and (2).
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 71: Special provision relating to collection of court fee:
(1) Notwithstanding anything contained in Section 70, the court fee shall be charged as follows in the following cases: (a) If entitlement or disentitlement to any property has to be settled from the pleas of the plaintiff or appellant, according to Section 68, (b) If the claimed amount of a property is determined, in a partition case, on the basis of the inventory of property which is submitted with the statement of defense because it has not been submitted with the plaint or which is required by the court, according to such a claimed amount, (c) If a plaint is filed claiming both principal and interest, according to the amount of interest accrued up to the date of filing of the plaint, (d) If a judgment awards the recovery of interest as well, according to the amount of interest accrued from the date of filing of the plaint to the date of the judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 71: Special provision relating to collection of court fee:
Subsection (2)
(1) Notwithstanding anything contained in sub-section (1), if the value or claimed amount is specified in any case, the court fee shall be charged according to the value or claimed amount as referred to in the other Sections of this Chapter, and in any other case in which the value or claimed amount is not specified, the court fee of one thousand rupees shall be charged, subject to Section 70.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 72: Value of previous day of the day on which case is filed to be set
Subsection (1)
In setting the value of any property for the purpose of charging the court fee pursuant to this Chapter, the value shall be set according to Section 67 if it is an immovable property, and according to the value of the property prevailing on the previous day of the day on which the case is filed if it is other property.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 73: Court fee chargeable on making appeal:
(1) Irrespective of the level at which an appeal is filed in a case in which the value or claimed amount is specified, an additional court fee shall be charged by fifteen percent of the court fee chargeable for filing a plaint, to the extent to which an appeal is filed upon being unsatisfied.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 73: Court fee chargeable on making appeal:
Subsection (2)
(1) Irrespective of the In filing an appeal at any level in a partition case in which the claimed amount is not specified, there shall be charged the same court fee as is chargeable for filing the plaint.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 73: Court fee chargeable on making appeal:
Subsection (3)
(1) Irrespective of the If an appeal is filed to the second level court against the appeal judgment made by the first level appeal hearing court, the court fee shall be charged by additional fifteen percent of the court fee chargeable for filing the plaint, to the extent to which the appeal is filed upon being unsatisfied.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 74: Court fee chargeable for review or revision of case:  If, upon a
petition for the review or revision of any case in accordance with law, an order is made to review or revise the case, the court fee shall be charged by additional ten percent of the court fee chargeable for filing the plaint, to the extent to which the pray is made for the review or revision upon being unsatisfied.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 75: Payment of court fee, penalty and fine payable pursuant to
judgment: (1) Any party to a case who files an appeal against the judgment of first instance or an appeal to the second level appeal hearing court against the judgment of the first level appeal hearing court shall pay the court fee as held to have been provided by him or her to the other party in pursuance of the judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 75: Payment of court fee, penalty and fine payable pursuant to
Subsection (2)
Any party to a case who makes petition for review, or revision of the case in accordance with law shall pay such the court fee as chargeable pursuant to the judgment.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 75: Payment of court fee, penalty and fine payable pursuant to
Subsection (3)
Notwithstanding anything contained elsewhere in this Chapter, if any penalty or fine is imposed on any party to a case pursuant to a judgment, no memorandum of appeal or petition for the review or revision of a case tendered by that party shall be registered without payment of such penalty or fine or furnishing of guarantee therefor.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 76: Court fee to be paid in cash:
(1) Except as otherwise provided for in this Chapter, the court fee shall be paid in cash.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 76: Court fee to be paid in cash:
Subsection (2)
(1) Except as otherwise provided for Notwithstanding anything contained in sub-section (1), if the amount of court fee exceeds one hundred thousand rupees, such a bank guarantee valid for up to one year as issued by a bank having obtained "A"-class license pursuant to the banks and financial institutions law in force may be submitted, and the renewal of such a bank guarantee shall be made each year before the expiry of its validity period until the case is adjudged.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 76: Court fee to be paid in cash:
Subsection (3)
(1) Except as otherwise provided for No part of or claimed or disputed property may be furnished in consideration for the bank guarantee to be submitted pursuant to sub-section (2), and the amount of court fee referred to in sub-section (1) shall be paid in cash at least one month before the expiry of the period of one year. If the court fee cannot be so paid or the amount of bank guarantee cannot be recovered by the court, such a case shall be dealt with under Section 64.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 76: Court fee to be paid in cash:
Subsection (4)
(1) Except as otherwise provided for If the court fee is paid to the court pursuant to this subsection (1), the concerned employee shall record it as credit in the cash-book, duly prepare a receipt thereof in triplicate, give one copy to the payer of the court fee and retain another copy in the concerned case-file.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 77: Shortfall court fee caused to be paid:
(1) If it appears, in registering a plaint or memorandum of appeal, or from the contents of the plaint or memorandum of appeal, that payment of court fee less than the court fee chargeable pursuant to this Chapter is tendered, the court shall require the concerned person to pay the shortfall court fee immediately.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 77: Shortfall court fee caused to be paid:
Subsection (2)
(1) If it appears, in If any person, being unable to pay the shortfall court fee immediately pursuant to sub-section (1), requests for a period of time, the court shall give time to the concerned person to pay the shortfall court fee within the deadline for filing a plaint or memorandum of appeal if there are seven days to go for such deadline, and within seven days, if the deadline is of less than seven days.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 77: Shortfall court fee caused to be paid:
Subsection (3)
(1) If it appears, in If, subsequent to the registration of a plaint or memorandum of appeal, the court comes to know, in any manner, that there has been paid or taken the court fee less than the court fee required to be collected pursuant to this Chapter or if, upon examining a complaint made by any one on this matter, the matter seems to be reasonable, the court shall appoint a date for paying the shortfall court fee within seven days if the party is on recognizance and issue a process ordering the party to pay the shortfall court fee within a period of seven days if the party is not on recognizance.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 77: Shortfall court fee caused to be paid:
Subsection (4)
(1) If it appears, in If the party fails to pay the court fee within the period given pursuant to sub-section (3), the court shall not proceed, hear and settle such a case.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 78: To refund excess court fee:
(1) If it is found from a petition by the party or otherwise in the course of the proceedings of a case that excess court fee has been collected from any party, the court shall refund the excess court fee to the concerned party within three months from the date of such a petition or knowledge.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 78: To refund excess court fee:
Subsection (2)
(1) If it is found from a petition by the If it is found in any manner after the judgment of a case that excess court fee has been collected, the concerned party may make a petition to the concerned court to have such court fee returned.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 78: To refund excess court fee:
Subsection (3)
(1) If it is found from a petition by the If, upon examining the petition received pursuant to sub-section (2), the applicant's demand appears to be reasonable, the court shall return such court fee to the petitioner within three months from the date of such a petition.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 79: Complaint may be made on court fee specified by court:
(1) A person who is not satisfied with the court fee specified by the court pursuant to this Chapter may submit a complaint to the judge of the same court within three days if the court fee has not yet been paid and prior to the judgment on the case if the court fee has already been paid.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 79: Complaint may be made on court fee specified by court:
Subsection (2)
(1) A If, upon examining the complaint received pursuant to sub-section (1), it appears that excess court fee has been collected, the concerned judge shall make an order to refund the excess court fee and to take departmental action the employee who has collected the excess court fee knowingly. Explanation: For the purposes of this sub-section, the term "knowingly" means omission to collect the court fee of the value or claimed amount, revealed from the contents of a plaint or memorandum of appeal, in accordance with this Chapter.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 79: Complaint may be made on court fee specified by court:
Subsection (3)
(1) A If, upon examining the compliant pursuant to subsection (2), its content is held to be false, the complainant shall be liable to a fine to be set by fifteen percent of such amount as claimed by which excess court fee has been specified or collected.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 80: Fine for collection or payment of lesser court fee:
(1) The stakeholder party may, if he or she so thinks, make a complaint to the court where the case is sub judice that any one has decreased the value or claimed amount with the intention of paying lesser court fee.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 80: Fine for collection or payment of lesser court fee:
Subsection (2)
(1) The If, upon examining a complaint received pursuant to sub-section (1), or examining the case-file by the court itself though such a complaint has not been made, it appears that the value or claimed amount has been reduced with intention of paying lesser court fee, the court shall fine such a party with fifteen percent of the decreased court fee and cause that party to pay the shortfall court fee.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 80: Fine for collection or payment of lesser court fee:
Subsection (3)
(1) The If, on examining a complaint made pursuant to subsection (1), the complaint is held to be false, such a complainant shall be liable to a fine of five percent of the amount claimed by him or her to be shortfall.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 80: Fine for collection or payment of lesser court fee:
Subsection (4)
(1) The If it appears, from a complaint made by any one or in any other manner, that any employee of the court has knowingly collected the court fee lesser than the chargeable court fee, departmental action shall be taken against such an employee in accordance with law.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 80: Fine for collection or payment of lesser court fee:
Subsection (5)
(1) The If the final judgment has been passed in the case in which lesser court fee has been collected pursuant to sub-section (4) or the time-limit for filing an appeal in such a case has already expired and such court fee cannot be recovered from the concerned party, the claimed amount of such court fee shall be recovered from the employee who has so collected lesser court fee.
The National Civil Procedure (Code) Act, 2017
Chapter-6: Provisions Relating to Court Fees
Section 81: Forfeiture of court fee: If the plaintiff or appellant loses the case
chargeable with the court fee or if, upon proceeding with a petition for the review or revision of a case, the previous judgment is upheld, the court fee paid by him or her shall be forfeited.