Section 2 of the Court Fees Act 1870: Definition and State Amendment

Section 2 of the Court Fees Act, 1870 has an unusual legislative history. The central provision that formerly dealt with the definition of the "Chief Controlling Revenue-authority" was repealed by the Adaptation of Laws Order, 1937. The official central text therefore records Section 2 as repealed, while state amendments may continue to contain locally applicable provisions.

Current central position: Section 2 of the central Court Fees Act, 1870 is shown as repealed. Court-fee law is also affected by state amendments and state legislation, so the applicable state law should be checked for the court and proceeding concerned.

Section 2 - Central text and repeal history

Section 2: Definition. The provision relating to "Chief Controlling Revenue-authority" was repealed by the Adaptation of Laws Order, 1937.

The historical notes to the Act explain that the original Section 2 relating to repeal of enactments had earlier been repealed by the Repealing Act, 1870. A later Section 2 defining the Chief Controlling Revenue-authority was inserted by the Court-fees (Amendment) Act, 1901 and subsequently amended before its repeal in the central text.

Meaning of Chief Controlling Revenue Authority

The expression "Chief Controlling Revenue Authority" is dealt with in the General Clauses Act, 1897. Section 4A of that Act also applies specified definitions in Section 3, including "Chief Controlling Revenue Authority", to Indian laws unless the subject or context requires otherwise.

Odisha state amendment to Section 2

The uploaded text records the Orissa (now Odisha) state amendment made by Orissa Act 5 of 1939. Under that amendment, Section 2 was substituted for its state application and provides definitions relevant to the Court Fees Act.

2. Definition. In this Act, unless there is anything repugnant in the subject or context:

(1) "appeal" includes a cross objection;

(2) "suit" includes an appeal from a decree except in section 8-A.

State amendment: Orissa Act 5 of 1939, section 3.

What does "appeal includes a cross objection" mean?

For the purpose of the Odisha amendment, the statutory expression "appeal" is extended to include a cross objection. This is relevant when determining the application of the Court Fees Act to proceedings falling within that definition.

What does "suit includes an appeal from a decree" mean?

The Odisha amendment gives "suit" an extended meaning that includes an appeal from a decree, subject to the stated exception for section 8-A. The definition should therefore be read with the particular provision under which court fee is being determined.

Why state amendments matter under the Court Fees Act

The Court Fees Act, 1870 has been amended or replaced in different jurisdictions. A court-fee question should not be decided from the central bare Act alone where a state amendment or state court-fees legislation applies. The current law applicable to the relevant State or Union Territory, the nature of the document, the valuation provisions and the court concerned should all be checked.

Official legal sources

Note: This page explains the statutory text and legislative history for general legal information. Court-fee liability can depend on state-specific amendments, valuation rules and the particular relief claimed.