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Rules Made By The High Court Under Section 80

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ORDER:

The High Court, Madras has taken up the comprehensive revision of the Rules framed by the High Court under the Court-fees Act VII of 1870 and Suits Valuation Act, 1877, Schedule of Process Fees, rules relating to the service of Process and Circular Orders issued thereunder, incorporated in Part II, Chapter I of the Civil Rules of Practice and Circular Orders, Volume I, 1941 Edition, for the guidance of the Subordinate Courts, in accordance with the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955), after ascertaining the views of the District Judges, since most of the rules and circular orders incorporated in the said edition have become obsolete and required deletion. The Registrar, High Court, Madras has sent the draft rules as revised under section 80(2) of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 and requested approval of Government to incorporate in the Civil Rules of Practice and Circular Orders Volume I. The Government examined the draft rules carefully in consultation with the Commissioner of Revenue Administration, Madras and approve it.

2. In exercise of the powers conferred by sub-section (2) of section 80 of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955), the Governor of Tamil Nadu hereby confirms the revised draft rules in Part II, Chapter I of the Civil Rules of Practice and Circular Orders, Volume I, proposed by the Registrar, High Court, Madras and appended hereto.

3. The Registrar, High Court, Madras is requested to arrange for the publication of the revised draft rules in Tamil Nadu Government Gazette.

Sd.................

Secretary to Government.

COURT-FEES AND COURT-FEE STAMPS


COURT-FEES AND COURT-FEE STAMPS

Old Rule

New Rule

 

Page No.

I

I.

Computation of fees payable.

 

 

 

1. Valuation in a suit for recovery of lands.

1014

II

II.

Rules for the Stamps to be used :

 
   

(a) Adhesive Stamps and impressed stamps when to be used respectively.

1014

 

  

(b) Single Stamps to be used as far as possible.

1014

 

III.

Monetary limit up to which R.D.Os. Tahsildars and Deputy Tahsildars can exercise powers of Collector under section 78 of the Act.

1015

 

iv.

Commencement of Tamil Nadu Court-fees and Suits Valuation Act, 1955.

1016

 

v.

Court-fees Stamps of Tamil Nadu State alone to be used.

1016

 

VI.

Form for determination of market value of the subject-matter of the suit under section 10 of the Court-fees Act.

1016

 

VII.

Collection of Court-Fee refunded in cases where remand Orders are set aside.

1018

 

VIII.

Determination of Market Value under section 7 of the Act.

1018

 

IX.

Court-fee in Suits by Religious Trusts.

1019

 

X.

Court-fee in Suits by Tamil Nadu Wakf Board.

1019

 

XL

Refund of Court-fee paid by mistake or inadvertence etc.

1019

 

XII.

Refund of Court-fee under section 69 of the Act.

1019

 

 CIRCULAR ORDERS.

 

I

I.

Cancellation of Stamps.

 

(1)

1.

Check of Stamps on papers received by Chief Ministerial Officer and their punching under his immediate supervision.

1020

(2)

2.

Cancellation of Adhesive Court-fee labels to prevent reuse thereof-

1020

 

 

(a) Second punching thereof by the Record-keeper;

1020

 

 

(b) Labels affixed to Certified Copies, Certificates, etc., should be cancelled before issue;

1021

 

 

(c) Second punching thereof by the Court on receiving them and third punching on being consigned to the record.

1021

(3)

3.

Record-Keeper to examine papers as soon as they are consigned to his custody and on each occasion on which they are received back after being taken for reference.

1021

(4)

4.

Stamps affixed to documents to be punched before any action is taken.

1022

(5)

5.

Instruction to prevent re-use or re-introduction of old punched adhesive stamps.

1022

(6)

6.

Stamps in excess of legal requirements-Punching of-Refund of the excess value.

1023

(7)

7.

Checks against fraud.

1024

II

II.

Reporting cases of infringement of the Rules for the Sale of Stamps.

1024

III

III.

Levy of Stamp Duty under Article 24, Schedule I of the Stamp Act on certified copies granted by Courts.

1024

 

B. PROCESS FEES AND POUNDAGE.

 

(I)

I.

1. Process Fees-Schedule of Process fees.

1024-1028

 

 

Note: Tom-Tom Charges.

1028

(II)

II.

Calculation of Poundage.

 

1.

(1)

Poundage to be charged on each lot.

1028

2.

(2)

Poundage on bids by Decree-Holders.

1028

(III)

III.

Refund of Poundage and Process Fees.

1028

        

C. RULES RELATING TO THE SERVICE OF PROCESSES.

(I)

I.

Central Nazarats

1029

(II)

II.

Deputy Nazir at Outlying Stations

1030

(III)

III.

Travelling Allowance

1030

(IV)

IV.

Security

1030

(V)

V.

Officers to whom Processes should be transmitted for Service

1030

(VI)

VI.

Presentation of Application for issue of Processes and Procedure thereafter

1030

(a)

 

Note: (a) Verification of the balance in Nazir's 'B' Register by the Judge.

1031

(b)

 

(b) Instructions for the guidance of Central and Deputy Nazirs.

1032

(c)

 

(c) Lists of Courts in which the preparation of Processes should be under the Chief Ministerial Officer.

1033

(VII)

VII.

Intimation of receipts and disbursements in the Nazarat to the Chief Ministerial Officer.

1033

(VIII)

VIII.

Lists of Processes for service in other Nazarats.

1033

(IX)

IX.

Procedure on receipt of processes for service.

1033

(X)

X.

Roster-C.

1034

(XI)

XI.

List of Processes executed.

1034

(XII)

XII.

Delay in return of processes to be reported.

1034

(XIII)

XIII.

Nazir's "B" Register.

1034

(XIV)

XIV.

Procedure in case of arrest or seizure of movable property.

1034

(XV)

XV.

Remittance of Witness Batta.

1035

(XVI)

XVI.

Statement of Money Orders issued to other Courts.

1036

(XVII)

XVII.

Execution of emergent process.

1036

(XVIII)

XVIII.

Expeditions Execution of Process.

1036

(XIX)

XIX.

Deputation of Special Process Server from Head Quarters.

1036

(XX)

XX.

Second Process Server to be ordinarily deputed to guard judgment-debtors.

1037

(XXI)

XXI.

 

 

(1)

 

(1) Average number of Processes to be executed by each amin and process-server.

1037

(2)

 

(2) Deputation of process staff for process-writing and guard duty.

1038

(3)

 

(3) Commutation of Processes.

1038

Note (a)

Note (a)

Warrants of attachment of immovable property.

1038

(b)

(b)

Extra process to be counted where additional fee levied.

1038

(c)

(c)

Emergent Processes-how to be computed.

1039

(XXII)

XXII.

(1) Monthly report of processes executed.

1039

Note. (a)

Note (a)

Statement of distribution of processes to be submitted to District Judge.

1039

(2)

(2)

Strength of Nazarath to be reduced whenever the average number of processes falls short of the prescribed average.

1039

 

CIRCULAR ORDERS.

  

(a)

(a)

Instructions for the guidance of Courts in regard to the execution of warrants of committal.

1039

(i)

 

(i) Number of Process-servers to be deputed to escort Judgment-debtors.

1039

(ii)

 

(ii) Fee to be levied for issue of a Warrant of Committal.

1040

(iii)

 

(iii) Mode of calculating such warrants for purposes of Rule XXI.

1040

(iv)

 

(iv) No fee for issue of orders of release.

1040

(v)

 

(v) Judgment-creditor to pay the fee for the escort of judgment-debtors to and from jails.

1040

(b)

(b)

Travelling allowance of Process-servers.

1040

(c)

(c)

Execution of Process-Instructions.

1040

(d)

(d)

Supervision of the work of the Process Establishment.

1040-1043
Rules made by the High Court of Madras under section 80 of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 with previous approval of the Government in G

Rules made by the High Court of Madras under section 80 of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 with previous approval of the Government in G.O.Ms. No. 336, Home (Courts I) Department, Dated 14-2-1990 which form part of Civil Rules of Practice and Circular Orders - Volume-I.

CIVIL RULES OF PRACTICE AND CIRCULAR ORDERS - VOLUME-1.

Part - II.

RULES MADE UNDER SPECIAL ENACTMENTS.

Chapter - 1.

Rules under the Tamil Nadu Court-fees and Suits Valuation Act, 1955.

A. (A) - COURT-FEES AND COURT-FEE STAMPS

I. (I) - Computation of fees payable.

I. (1) Valuation in a suit for recovery of Lands only (and not buildings).-

In a suit for land, except in cases to which clauses (a) to (f) of sub-section (2) of section 7 of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 apply, the valuation should be based on the value of the lands, trees and the wells taken together.

II.     (2). Rules for the stamps to be used.-

(a) Adhesive Stamps and impressed Stamps when to be used respectively.-

(i) When in any case the fee chargeable under the said Act is less than Rs. 25, such fee shall be denoted by adhesive stamps bearing the words "Court-fee" and containing three lines in the middle with Ashoka Chakra Emblem and value printed on the left side, or adhesive stamps of any shape, size or pattern bearing words "Court-fees" which may hereafter be issued for use in supersession, of or in addition to, the adhesive stamps now in use.

(ii) When in any case the fee chargeable under the said Act amounts to or exceeds Rs. 25, such fee shall be denoted by impressed stamps bearing the words "Court-fees", adhesive stamps being only employed to make up fractions of less than Rs. 25.

(b) Single stamps to be used as far as possible.-

(1) When in the case of fees amounting to less than Rs. 25, the amount can be denoted by a single adhesive stamp, such fee shall be denoted by a single adhesive stamp of the required value. But, if the amount cannot be denoted by a single adhesive stamp, or if a single adhesive stamp of the required value is not available, the next lower value available shall be used and the deficiency shall be made up by the use of one or more additional adhesive stamps of the next lower values, which may be required to make up the exact amount of the fee.

(c) When, in the case of fees amounting to, or exceeding Rs. 25, the amount can be denoted by a single impressed stamp, the fee shall be denoted by a single impressed stamp of the required value. But, if the amount cannot be denoted by a single impressed stamp, or if a single impressed stamp of the required value is not available, an impressed stamp of the next lower value available, shall be used, and the deficiency shall be made up by the use of one, or more additional impressed stamps of the next lower value available which may be required to make up the exact amount or the fee in combination with adhesive stamps to make up fractions of less than Rs. 25.

(3) Any adhesive stamp which may be used under the foregoing rule (2) shall be affixed to the impressed stamp of the highest value employed in denoting the fee.

(4) When two or more impressed stamps are used to make up the amount of the fee chargeable under the Court-fees and Suits Valuation Act, a portion of the subject-matter shall, ordinarily, be written on each stamped sheet. Where this is impracticable or seriously inconvenient, the document shall be written on one or more sheet bearing impressed stamps of the highest value, and the remaining stamps shall be punched and cancelled by the Court or its Chief Ministerial Officer and attached to the grant, a certificate being recorded by the Court or its Chief Ministerial Officer on the face of the first sheet of the documents to the effect that the Court-fee (Rs. . . .) has been paid in stamps. The writing on each stamped sheet shall be attested by the signature of the person or persons executing the documents.

(5) When one or more impressed stamps used to denote a fee are found insufficient to admit of the entire document being written on the side of the paper which bears the stamp, so much plain paper may be joined thereto as may be necessary for the complete writing of the document and the writing on the impressed stamps and on the plain paper shall be attested by the signature of the person or persons executing the document.

(6) In the blank space left in the adhesive stamps, the vendor shall insert the name of the purchaser, the date of sale and his own ordinary signature.

III. Monetary limit up to which R.D.Os., Tahsildars and Deputy Tahsildars can exercise powers of Collector under section 78 of the Act.-

The powers of the "Collector" in section 78 of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955) in the matter of making allowances for damaged or spoiled stamps shall be exercisable by all Revenue Divisional Officers and all Tahsildars and Deputy Tahsildars in independent charges up to the monetary limit specified below subject to the conditions and restrictions laid down in the Standing Orders issued with the Board's Proceedings specified in the note below:-

Revenue Divisional Officer

-

Rs. 500 (Rupees five hundred only).

Tahsildars and Deputy Tahsildars

-

Rs. 300 (Rupees three hundred only).

1. B.P. No. 2986, dated the 8th August 1984.

2. B.P. No. 206, dated the 3rd March 1888.

3. B.P. No. 245, dated the 10th May 1890.

4. B.P. No. 11, dated the 14th March 1893.

5. B.P. No. 434, dated the 9th September 1895.

6. B.P. No. 42, dated the 24th February 1899.

7. B.P. No. 198, dated the 31st July 1900.

8. B.P. No. 610-R, Ms., dated the 7th April 1905.

9. B.P. No. 28/461-R, Salt, dated the 6th February 1908.

10. B.P. No. 132/770-R, Ms., dated the 9th June 1909.

11. B.P. No. 165/1105-R, Ms., dated the 7th September 1912.

12. B.P. No. 750-R, Ms., dated the 22nd May 1915.

13. B.P. No. 352-R, Ms., dated the 6th March 1915.

14. B.P. No. 158/567-R, Ms., dated the 27th April 1916.

15. B.P. No. 62-D, Ms., dated the 11th January 1918.

16. B.P. No. 20/408-R., Ms., dated the 25th March 1919.

17. B.P. Ms. No. 512, dated the 29th August 1935.

18. B.P.Ms. No. 1557, dated the 7th May 1936.

19. B.P. No. 507, dated the 29th February 1940.

20. B.P. No. 1066, dated the 13th May 1942.

21. B.P. Ms. No. 933, dated the 21st June 1945.

IV. Commencement of Tamil Nadu Court-fees and Suits Valuation Act, 1955.-

In exercise of the powers conferred by sub-section (3) of section (1) of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955), the Governor of Tamil Nadu hereby appoints the 19th May 1955, as the date on which the said Act shall come into force.

V. Court-fees stamps of Tamil Nadu State alone to be used.-

In exercise of the powers conferred by sub-section (1) of section 82 of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955), the Governor of Tamil Nadu hereby makes the following rule:-

Court-fee stamps purchased in the Tamil Nadu State shall alone be used for the payment of all fees chargeable under the Tamil Nadu Court-fees and Suits Valuation Act, 1955.

VI. Form for determination of market value of the subject-matter of the suit under section 10 of the Court-fees Act.-

In exercise of the powers conferred by section 82 read with section 10 of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955), the Governor of Tamil Nadu hereby makes the following rule:-

The Statement of particulars of the subject matter of a suit and the plaintiff's valuation thereof referred to in section 10 of the said Act shall be in the form annexed to this rule and shall contain the particulars mentioned thereunder.