Court Fees For Cheque Dishonour & Family Cases To Be Increased In Kerala

The judicial court fees stamp rate has not been enhanced in the state over the last two decades despite it being declared that court fees would be enhanced in the last budget speech. The revision of court fees was made based on the recommendations of the five-member committee under the chairmanship of Retired Justice V. K. Mohanan.

The revised court fees shall be incorporated in the Kerala High Court Fees and Suits Valuation Act, 1959 through amendments. It was stated that the government expects a revenue of rupees fifty lakhs through the revision of court fees.

Negotiable Instruments Act, 1881

1. The judicial court fee is only rupees ten for cases filed as per Section 138 of the Negotiable Instruments Act for dishonour of cheque. The Committee has recommended increasing the court fees to rupees two hundred and fifty if the value of the dishonoured cheque is up to rupees ten thousand. If the value of the dishonoured cheque exceeds rupees ten thousand, then five per cent of the cheque amount may be imposed as Court Fees, subject to the condition that the maximum amount of Court Fees shall not exceed rupees three lakhs.
2. The proposed court fees for filing an appeal before the Sessions Court by the accused shall be thousand rupees. For the complainant to prefer an appeal before the High Court, it shall be half of the court fees remitted in the Trial Court.
3. The proposed court fees for filing a revision petition before the High Court by the complainant shall be one-tenth of the cheque amount. For the revision petition preferred by the accused against conviction, the court fee shall be rupees one thousand five hundred.

Family Courts Act, 1984

1. For filing petitions before the Family Courts under Section 7 (1) (c) of the Act regarding disputes of property between parties to the marriage, the court fee at present is rupees fifty. The proposed court fee is two hundred rupees when the subject matter in dispute does not exceed rupees one lakh. The proposed court fees shall be half per cent of the claim amount when the value of the disputed property is between one lakh and five lakh rupees. The proposed court fees shall be one per cent of the claim amount, subject to a maximum of rupees two lakh when the value of the disputed property exceeds five lakh rupees. The court fees at the same rate shall also be revised when appeals are preferred before the High Court.