Court Fees (Abolition) Ordinance, 1978
Download FeedBackDepartment: | Board of Revenue | ||||||||
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Main Category: | Ordinance | ||||||||
Specific Category Name: | Fee | ||||||||
Year | 1978 | ||||||||
Promulgation Date: | 26-08-1978 | ||||||||
Details: | THE [1][KHYBER
PAKHTUNKHWA] COURT FEES (ABOLITION)
ORDINANCE, 1978. [26th August, 1978.] CONTENTS. PREAMBLE SECTIONS: 1.
Short title, extent and commencement. 2.
Abolition of Court fee in certain cases. 2A. Payment of Court fees at punitive rate. 3.
Refund of court fee. THE [3][KHYBER
PAKHTUNKHWA] COURT FEES (ABOLITION) ORDINANCE, 1978. [4][KHYBER
PAKHTUNKHWA] ORDINANCE NO. XIV 1978. [26th
August, 1978.]
ORDINANCE
AND WHEREAS the Governor of the [5][Khyber
Pakhtunkhwa] is satisfied that circumstances exist which render it necessary to
take immediate action;
(2) It extends to the whole of the
province of the [8][Khyber
Pakhtunkhwa].
(a) any criminal case;
and (b)
any case of civil nature the value of the subject matter whereof, or relief
claimed wherein, does not exceed twenty-five thousand rupees.] [10][2- A. Payment of court
fees at punitive rate.—If in a case of civil nature falling under clause (b) of
section 2, the Court is of opinion that the claim or any part of it was false
and either frivolous or vexatious the Court shall by order in writing, if the
party by whom the claim was preferred is present, call upon him forthwith to
show cause why he should not pay court fee on the entire claim or, as the case
may be, part thereof at double the rate which would, but for section 2, have
been leviable in such a case under the Court Fees Act, 1870 (VII of 1870,) or,
if such party as is not present, direct issue of a summons to him to appear and
show cause as aforesaid. (2) The Court shall
record and consider any cause which such party may show and if the Court is
satisfied that the claim was false and either frivolous or vexatious shall, for
reasons to be recorded, direct that the court fees on the entire claim or, as
the case may be, part thereof, at the rate specified in sub-section (1) above,
shall be paid by such party. (3) The order for
payment of court fee as aforesaid shall be in addition to and not in derogation
of any other order which the Court may deem fit to make in the circumstances of
the case. (4) A copy of the order
made under sub-section (2) shall be sent by the Court to the Collector of the
District in which the party against whom order is made resides or ordinarily
works for gain, and the Collector shall direct the party concerned to pay the
court fee within one month of the making of the order by him, failing which,
the Collector shall proceed to recover the court fee as arrears of land
revenue.]
[1]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011. [2]Substituted vide Khyber Pakhtunkhwa Act No. IV of 2011. [3]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011. [4]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011. [5]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011. [6]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011. [7]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011. [8]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011. [9]Substituted vide
Khyber Pakhtunkhwa Ord, No. XVII of 1980, S.2. [10]Inserted vide Khyber Pakhtunkhwa Ord, No. XVII
of 1980, S.3. |