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CHAPTER II COMPUTATION OF FEES

Section 5: Procedure in case of difference as to necessity or amount of fee

The Gujarat Court-fees Act, 2004

How current this text is

Text as published by India Code for the Government of Gujarat (Legislative and Parliamentary Affairs Department print, as modified up to 31 January 2024), with amendments up to Guj. 14 of 2016.

The marginal notes printed beside the clauses of section 6 and beside the second paragraph of section 34 are shown as small headings above the clause they label.

(1) When any difference arises between the officer whose duty is to see that any fee is paid under this Act and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in the High Court, be referred to the taxing officer, whose decision thereon shall be final, subject to revision, on an application, made within sixty days from the date of the decision, by the suitor or attorney or pleader or such officer as may be appointed in this behalf by the State Government, by the Chief Justice or by such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. The Chief Justice shall declare the taxing officer within the meaning of this sub-section.

(2) When any such difference arises in the Ahmedabad City Civil Court, the question shall be referred to the Registrar of the City Civil Court, whose decision shall be final, subject to revision, on an application, made within sixty days from the date of the decision, by the party concerned or such officer as may be appointed in this behalf by the State Government, by the Principal Judge or such other Judge of the said Court as the Principal Judge shall appoint either generally or specially in this behalf.

(3) When such difference arises in any other Court, the question shall be referred to the Judge presiding over such Court for final decision.

Questions on this section

1 question in 2 of our papers cite Section 5. Try these from the free papers:

  1. 1. Consider the following statements regarding a difference as to the necessity or amount of a fee under Section 5 of the Gujarat Court-fees Act, 2004: 1. A difference arising in the High Court is referred to the taxing officer, whose decision is final subject to revision on an application made within sixty days from the date of the decision. 2. A difference arising in the Ahmedabad City Civil Court is referred to the Registrar of the City Civil Court. 3. A difference arising in any other Court is referred to the Collector of the district for final decision. Which of the statements given above is/are correct?

Practise questions on Gujarat Local Laws