Section 4 of the Court-Fees Act, 1870 - Fees on Documents Filed in High Courts
Section 4 of the Court-Fees Act, 1870 regulates payment of the prescribed court fee on documents chargeable under the First or Second Schedule when such documents are filed, exhibited, recorded, received or furnished in specified High Court proceedings.
Current-law note: Court-fee law is affected by State amendments and State legislation. The applicable fee and provision should therefore be checked for the State or Union Territory and the court concerned before filing.
What Section 4 provides
In substance, Section 4 prevents a chargeable document from being accepted in the specified High Court jurisdictions unless at least the proper fee indicated by the applicable Schedule has been paid. The provision covers extraordinary original civil and criminal jurisdiction, specified appellate jurisdiction, appeals from subordinate courts, and reference or revision jurisdiction.
Text of Section 4
4. Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction. No document of any of the kinds specified in the First or Second Schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said High Courts in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction;
or in the exercise of its extraordinary original criminal jurisdiction;
In their appellate jurisdiction. or in the exercise of its jurisdiction as regards appeals from the judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the Court) of one or more Judges of the said Court, or of a Division Court;
or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;
As Courts of reference and revision. or in the exercise of its jurisdiction as a Court of reference or revision;
unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.
Historical note: Act 19 of 1922, section 2 substituted the present wording concerning judgments of one or more Judges for the earlier expression referring to a judgment of two.
Meaning and practical effect
The expression chargeable with fees refers to documents for which a fee is prescribed by the relevant Schedule. Section 4 operates as a filing requirement: where a document falls within the provision and is chargeable, the proper court fee must be paid before it can be filed, exhibited, recorded, received or furnished in the proceeding.
The amount cannot be determined from Section 4 alone. The nature of the document, the relevant Schedule, the proceeding and any applicable State amendment or State court-fees law must also be examined.
Jurisdictions covered by the central provision
The central text expressly refers to extraordinary original civil jurisdiction, extraordinary original criminal jurisdiction, the appellate situations stated in the section, appeals from courts subject to the High Court's superintendence, and the High Court's jurisdiction as a court of reference or revision.
Uttar Pradesh amendment to Section 4
Uttar Pradesh Act 10 of 1959 modified Section 4 in its application to Uttar Pradesh. Among other changes, it refers specifically to the High Court of Judicature at Allahabad, extends the relevant wording to ordinary or extraordinary original civil and criminal jurisdiction, and adds jurisdiction to issue directions, orders or writs under the Constitution of India and jurisdiction in other matters.
The uploaded page already included this Uttar Pradesh amendment, but parts of its wording were corrupted. The redrafted version states the effect in readable form and directs readers to the official text for verification.
Official source
For the authoritative central Act, amendments and downloadable text, consult the Government of India's India Code database. Because court fees are subject to territorial amendments and replacement legislation, users should also check the legislation applicable in the relevant State or Union Territory.
Court-Fees Act, 1870 - India Code
Related provisions
Section 3 deals with levy of fees in High Courts on their original sides. Section 5 deals with the procedure where a difference arises as to the necessity or amount of a fee. Section 6 concerns fees on documents filed in specified subordinate courts or public offices, subject to the law applicable in the relevant territory.