Chapter-3 Determination of amount in question and rate of court fees
5. Determination of value, amount in question: While determining the value, amount in question in order to collect court fees, the value, amount in question shall be determined as follows, in the following matters including the matter of claim made by the plaintiff or for release from claim:-
(a) Where the claim is for entitlement to cash or for disentitlement to cash, according to the figure of cash as entitlement to which has to be established or de-established,
(b) Where the claim is for the recovery of gold, silver, ornaments (Jawaharat), utensils, livestock, grains, timber etc. movable property or the disentitlement of a claim thereon, according to the figure upon determining the value and amount in question of the property at the rate of the property in question prevailing at the local village or market,
Explanation: 8 If there arise any dispute as to the local village or market price of the gold, silver or ornaments, the value or price determined by any other bank or financial institution recognized by the Nepal Rastra Bank or the Government of Nepal shall prevail.
(c) In relation to goods of which selling price or value is not prevailing at the local village or market, according to the figure of value or amount in question determined by the plaintiff,
(d) Where a claim is made on entitlement to an immovable property or land or on disentitlement of right in such property, according to the figure of value or amount in question as determined by the suit or complaint maker pursuant to Sub-section (2) of Section 4,
(e) Where a claim is made on disentitlement of a secured farmer to the right of secured farmer, half the value, amount in question of the land as determined pursuant to Clause (d) shall be considered as its value or amount in question, and according to that figure,
(f) …………….9
(g) …………….10
(h) ……………11
(i) Where a claim is made for crops yields of a land cultivated on half crop-sharing basis or for disclaimer, according to the figure of income of the half crops of a previous year in which a divine act (Daibi) did not occur,
(k) In a case claiming that the half crops of the land suffering a divine act were not remitted, according to the figure, if any, specified that the same need not be paid,
(l) Where a claim is made for a house (building), cartilage and crop income, as well, or for disentitlement of right therein, according to the value of the house at the rate prevailing at the local village, market and the value as per that set forth in Clause (d) in the case of cartilage and according to the claimed amount of crop income,
(m) ……………….12
(n) ………………13
(o) ………………..14
(p) In a case requesting for the remission of any thing other than the crops of a land, according to the figure of amount in question requested for remission,
(q) In a case requesting for entitlement to the function of Guthi, Mahantyai, priest, store in-charge (Bhandare), Tahaluwa, server (Susare) etc. or for disentitlement of right claimed therein or for dismissal from the function, according to the figure of the residue or surplus receivable upon operation of the Guthi, and where claim is made for other, according to the value, amount in question of the land where the land is assigned and that of one year’s income receivable where the land is not assigned,
(r) In a case claiming that a land was disentitled in an unauthorized manner or that a land to which one is entitled was provided to another, according to the figure of tenant’s share in crops (Mohiboti) of one year,
(s) Where a claim is made that in making eviction (Pajani) of land, the land was given to another, which should have been given to him or her, according to the figure of such value of the claimed land as to be set pursuant to Clause (d),
(t) Where a claim is made that eviction of land was made by an unauthorized person (Betaluk), according to the figure of such value of the land as to be set pursuant to Clause (d),
(u) Where a claim is made for entitlement to a contract amount or for disentitlement of right therein, according to the figure of contract amount for the years as so claimed and where a claim is made against the loss of income, according to the figure of the loss of income as claimed,
(v) The price or valuation of a mortgaged (Bandhaki) land etc. the right or claim in which has not been given up shall be set as the amount in question, and according to that figure,
(w) In a case involving a suit by a debtor for insolvency (Damashahi) or specification of a repayment date (Bhakha), according to the figure of the amount in question indicated by the debtor,
(x) In a case claiming that one has not paid or received a salary, allowance, installment, food allowance, Jyuni, alimony (Manachawal) or that the same should be allowed not to be paid, where a land is claimed or claim is made that one be allowed not to pay the same, according to the figure of the value to be set pursuant to Clause (d) in the case of land, and according to the figure of the value claimed where other cash or in-kind has been claimed,
(y) In a case claiming that one has not paid or received a salary, allowance, installment, food allowance, Jyuni, alimony or that arrangement be made for the non-payment of the same, according to the figure thereof for one year, upon determining such figure,
(z) Where a claim is made for wages loss (damage) or compensation, according to the amount in question so claimed and in a case requesting for authorization for the non-payment of the same, according to the figure of the amount in question so requested for authorization for non-payment,
(aa) Where a claim is made for, Naso deposit or guarantee, according to the amount in question so claimed and in a case requesting for authorization for the non-payment of the same, according to the figure of the amount in question so requested for authorization for non-payment,
(bb) Where many matters including principal, profit, interest, land crops, yields, house, shop, rent thereof and movable and immovable property, cash, in-kind are claimed or a request is made for ordering non-payment of the same, according to the figure of the price, value to be set pursuant to Clause (d) in the case of land, and according to the figure of price and amount in question thereof in the case of other sum, profit, interest, rent, income, cash and in-kind,
(cc) Where a suit or complaint is made claiming principal and interest as well, court fees shall be charged according to the figure of interest to be accrued up to the date of such a suit or complaint, and if the interest is recoverable thereafter and up to the date of judgment, court fees chargeable on the interest from the date of making of the plaint or complaint to the date of final judgment shall be recovered when the amount in question is recovered,
(dd) In determining the amount in question of the goods the recovery whereof is requested for by making a suit or complaint as per the rate prevailing at the local village or market, then the value or amount in question thereof shall be set out in the complaint at the rate prevailing at the place of payment where a deed or contract is available to the effect that payment thereof shall be made at that place at the rate prevailing at the time of making suit, and failing such a contract, as per the rate prevailing at the village or market of the place where the price is fixed or of the place where it has to be to be received or taken and court fees collected accordingly; and if the price or value so set out seems doubtful, the suit or complaint hearing authority may ascertain the matter upon inquiring thereinto,
(ee) Where a claim is made for the establishment of right in a land or for the registration or transmission of a land or voiding the registration or transmission of a land, court fees shall be charged according to the figure of the value or amount in question of the land to be set pursuant to Clause (d), in the case of claim for the establishment of the right in the land, and court fee of One Hundred Rupees15 shall be charged in the case of the claim for the registration or transmission or voiding the registration, transmission.
6. Rate of court fee: In hearing a suit in a case charged with the court fee, there shall be charged the court fee as follows: (a) In a case involving a claim in, or request for disentitlement of claim in,……….16 in accordance with the following in each case according to the figure of value or amount in question:
(1) ……………17
(2) 18 Rs.100.00 (One Hundred Rupees) for the first Rs. 2,000.00 (Two Thousand Rupees),
(3) Up to Rs.25,000.00 (Twenty-five Thousand Rupees), at the rate of Four percent for the second up to Rs. 23,000.00 (Thirty Three Thousand Rupees),
(4) Up to Rs.100,000.00 (One Hundred Thousand Rupees), at the rate of Three percent for the third up to Rs. 75,000.00 (Seventy Five Thousand Rupees),
(5) Up to Rs.250,000.00 (Two Hundred Fifty Thousand Rupees), at the rate of Two percent for the fourth up to Rs. 150,000.00 (One Hundred Fifty Thousand Rupees),
(6) In the case of more than Rs.250,000.00 (Two Hundred Fifty Thousand Rupees), at the rate of One and half percent for the over and above figure.
(b) In the following cases where the amount in question is not set out, and despite that the amount in question is set out, the prevailing law provides for specific punishment but not according to the value or amount in question and where punishment is imposable at the discretion according to offence, the following court fees in relation to each case:
(1) Rs. 1,00.00 (One Hundred Rupees) 19 in relation to each case requesting for the establishment of the figure of partition share only, without involving the recovery of partition, or for settlement without establishing the right in partition or for ascertaining the portion of share only,
(2) Rs. 1,00.00 (One Hundred Rupees) 20 in relation to each case, also out of the following cases:
(1) Requesting for the voidance of bonds, deeds,
(2) Claiming that a deed executed in household and required to be registered has not been caused to be registered, and requesting for the execution of registration thereof,
(3) Claiming that a receipt was not given upon payment, and requesting for the execution of the receipt thereof,
(4) Claiming that a bond, deed of date of repayment (Bhakapatra), guarantee letter (Jamanipatra), bond, receipt etc, was not voided upon the completion of act of receiving and giving or that a receipt was not given,
(5) Requesting for the eviction of any person staying in a land, house or shop or for an order against the eviction,
(6) Claiming that counterpart (Dohori) documents duplicates required to have been made were not made and requesting for the execution of the same,
(7) Requesting that amount be recalculated, upon being dissatisfied with the amount calculated,
(8) Claiming that one has not been allowed to make a barrage, ditch or course or to carry water through the same or that another person has not been involved in making the same,
(9) Claiming that one has not been allowed to irrigate a land with the water carried through a barrage, ditch or course,
(10) Claiming that, in irrigating a land, one should have done so in according to roll order, but one whose turn is later has taken water and irrigated one’s land earlier, and then requesting for an order requiring irrigation of land according to roll order or that water be provided,
(11) Claiming that one has closed or not allowed to open an exit, door, veranda, passage, window, and then requesting that the same be ordered to be opened or closed,
(12) Claiming that one has not allowed to install an window, door, veranda, exit and add a storey, and then requesting that the complaint be allowed to install the same or that the exit be closed,
(13) Claiming that registration, transmission be effected or the effected registration, transmission be voided, without a claim for the establishment of the right in a land, and
(14) Requesting for the issuance of an injunction ordering someone to refrain from doing a specific act. (3) 21 Notwithstanding anything contained in Clause (2), where the right in any movable or immovable property has to be established or de-established by the plea of the defendant or opponent, the court fee as referred to in Clause (a) shall be charged.
(c) Where, on a suit or complaint of partition case requesting for the execution of partition by taking an inventory of properties (Tayadati) because of the amount in question not being set out, after it is held that one is entitled to partition and the amount in question is set out upon taking the inventory of properties, the court fee shall be charged according to the amount in question. Deduction shall be made from the court fees paid in making a suit as referred to in Subclause (1) of Clause (b), and the shortfall shall be recovered subsequently, and surplus amount, if any, shall be refunded.
(d) Even in relation to a case tried summarily (Thado Karbahi) by a complaint, it shall be filed only upon collecting the court fee as if a suit were filed. No such complaint shall be tried if the court fee is not paid.
(e) The whole court fee shall be charged even in relation to a suit or complaint made by or against a woman or minor.
7. Provisions on levying court fee in some cases: (1) Where it appears that, if the claim made by the plaintiff on the same suit is sustained, one or more than one defendant are liable to punishment according to the value or amount in question and one or more than one defendant are liable to punishment according to the offence or to both punishments, the court fee shall be levied according to the figure of the value, amount in question in the case of punishment to be imposed according to the value, amount in question, according to the punishment of offence in the case of punishment to be imposed according to the offence, and according to that of both in the case of both punishments to be imposed.
(2) Where a suit or complaint is made for the provision of partition and the amount in question of some is set out and that of some is not set out, the whole court fee shall be levied to the extent of the amount in question so set out, and the court fee of One Hundred Rupees shall be levied in relation to that portion of which amount in question is not set out, and the remaining shall be recovered subsequently as mentioned in Clause (c) of Section 6.
(3) If, in collecting the court fee, some denomination less than Paisa has also to be collected according to the calculation of the court fee, such denomination shall not be collected.
8. Fee for statement of defense (Pratiuttar Patra): In making a statement of defense on a case chargeable with the court fee, the fee for the statement of defense leviable pursuant to the prevailing law cannot be waived, and on a case in which a statement of defense is not required to be made and which is inquired summarily (Thado Karbhi), the fee for the statement of defendant is not chargeable on the defendant.