The Gujarat Courts Fee Act 2004 MCQ Quiz - Objective Question with Answer for The Gujarat Courts Fee Act 2004 - Download Free PDF

The correct answer is option 2.

Key Points 

Explanation:

As per Section 18 of The Gujarat Court-Fees Act, 2004:

1. Examination of Complainants: When the first or only examination of a person complaining about wrongful confinement, wrongful restraint, or any other offence (not involving police arrest without a warrant) is reduced to writing under the provisions of the Code of Criminal Procedure, 1973, the complainant must pay a fee of ten rupees.
2. Court's Discretion: However, the court has the discretion to remit (waive) this fee if it deems fit, based on the circumstances of the case.

The correct answer is option 1.

Key Points 

Explanation:

As per Section 19 of The Gujarat Court-Fees Act, 2004:

1. Exempted Documents: The following documents are not chargeable with any fee under this Act:
   • Power-of-attorney executed by a member of the Armed Forces of the Union who is not in civil employment to institute or defend a suit.
   • Application for certified copies of documents or for any other purpose in a criminal proceeding, if presented by or on behalf of the State Government to a criminal court.
   • Written statements called for by the Court after the first hearing of a suit.
   • Probate of a will, letters of administration, and certificates related to debts and securities under specific laws, if the property value does not exceed one thousand rupees.
   • Applications related to land revenue, irrigation water supply, or cultivation extension presented to government officers.
   • Petitions by prisoners or persons under duress or restraint, complaints by public servants, municipal officers, and railway company officers.
   • Application for compensation under laws for property acquisition for public purposes (except those chargeable under Article 15 of Schedule I).

The correct answer is option 4.

Key Points 

Explanation:

As per Section 21 of The Gujarat Court-Fees Act, 2004:

1. Relief for Overpaid Court-Fees: If it is proven that the executor or administrator has paid debts from the estate of the deceased, which reduced the estate’s value, and if the reduced value would have resulted in a lower court-fee for probate or letters of administration, the Authority may return the difference in court-fees.
2. Time Limit: The claim for this return must be made within three years from the date of probate or letters of administration.
3. Extension of Time: If the executor or administrator is unable to claim the return within the three-year period due to unresolved legal proceedings regarding the debts or effects of the deceased, the Authority may allow additional time for the claim, depending on the circumstances.

The correct answer is option 1.

Key Points 

Explanation:

As per Section 24 of The Gujarat Court-Fees Act, 2004:

1. Underpayment of Court-Fees: If the value of the estate was underestimated and a lower court-fee was paid when applying for probate or letters of administration, the Chief Controlling Revenue Authority can require the person to pay the full court-fee corresponding to the correct value of the estate.
2. Penalties for Underpayment: The following penalties apply:
   • If the probate or letters are produced within one year from the date of the grant, a penalty of five times the difference between the originally paid fee and the correct fee must be paid.
   • If produced after one year, the penalty increases to twenty times the difference.
3. Exception: If the application for correction is made within six months of discovering the true value of the estate, and the underpayment was due to a mistake without fraudulent intent, the penalty may be remitted, and only the difference in court-fees will be required.

The correct answer is option 3.

Key Points

Explanation:

As per Section 29 of The Gujarat Court-Fees Act, 2004:

1. Recovery of Excess Fees and Penalties:
   • Any excess court-fee found to be payable, as well as penalties or forfeitures imposed under sections 27 or 28, can be recovered from the executor or administrator as if they were arrears of land revenue.
   • This recovery is done through a Collector, based on the certificate issued by the Chief Controlling Revenue Authority.
2. Discretion of the Chief Controlling Revenue Authority:
   • The Chief Controlling Revenue Authority has the authority to remit all or part of the penalties or forfeitures, as well as any part of the excess court-fee under section 25, at their discretion.

The correct answer is option 2.

Key Points 

Explanation:

As per Section 18 of The Gujarat Court-Fees Act, 2004:

1. Examination of Complainants: When the first or only examination of a person complaining about wrongful confinement, wrongful restraint, or any other offence (not involving police arrest without a warrant) is reduced to writing under the provisions of the Code of Criminal Procedure, 1973, the complainant must pay a fee of ten rupees.
2. Court's Discretion: However, the court has the discretion to remit (waive) this fee if it deems fit, based on the circumstances of the case.

The correct answer is option 1.

Key Points 

Explanation:

As per Section 19 of The Gujarat Court-Fees Act, 2004:

1. Exempted Documents: The following documents are not chargeable with any fee under this Act:
   • Power-of-attorney executed by a member of the Armed Forces of the Union who is not in civil employment to institute or defend a suit.
   • Application for certified copies of documents or for any other purpose in a criminal proceeding, if presented by or on behalf of the State Government to a criminal court.
   • Written statements called for by the Court after the first hearing of a suit.
   • Probate of a will, letters of administration, and certificates related to debts and securities under specific laws, if the property value does not exceed one thousand rupees.
   • Applications related to land revenue, irrigation water supply, or cultivation extension presented to government officers.
   • Petitions by prisoners or persons under duress or restraint, complaints by public servants, municipal officers, and railway company officers.
   • Application for compensation under laws for property acquisition for public purposes (except those chargeable under Article 15 of Schedule I).

The correct answer is option 4.

Key Points 

Explanation:

As per Section 21 of The Gujarat Court-Fees Act, 2004:

1. Relief for Overpaid Court-Fees: If it is proven that the executor or administrator has paid debts from the estate of the deceased, which reduced the estate’s value, and if the reduced value would have resulted in a lower court-fee for probate or letters of administration, the Authority may return the difference in court-fees.
2. Time Limit: The claim for this return must be made within three years from the date of probate or letters of administration.
3. Extension of Time: If the executor or administrator is unable to claim the return within the three-year period due to unresolved legal proceedings regarding the debts or effects of the deceased, the Authority may allow additional time for the claim, depending on the circumstances.

The correct answer is option 1.

Key Points 

Explanation:

As per Section 24 of The Gujarat Court-Fees Act, 2004:

1. Underpayment of Court-Fees: If the value of the estate was underestimated and a lower court-fee was paid when applying for probate or letters of administration, the Chief Controlling Revenue Authority can require the person to pay the full court-fee corresponding to the correct value of the estate.
2. Penalties for Underpayment: The following penalties apply:
   • If the probate or letters are produced within one year from the date of the grant, a penalty of five times the difference between the originally paid fee and the correct fee must be paid.
   • If produced after one year, the penalty increases to twenty times the difference.
3. Exception: If the application for correction is made within six months of discovering the true value of the estate, and the underpayment was due to a mistake without fraudulent intent, the penalty may be remitted, and only the difference in court-fees will be required.

The correct answer is option 3.

Key Points

Explanation:

As per Section 29 of The Gujarat Court-Fees Act, 2004:

1. Recovery of Excess Fees and Penalties:
   • Any excess court-fee found to be payable, as well as penalties or forfeitures imposed under sections 27 or 28, can be recovered from the executor or administrator as if they were arrears of land revenue.
   • This recovery is done through a Collector, based on the certificate issued by the Chief Controlling Revenue Authority.
2. Discretion of the Chief Controlling Revenue Authority:
   • The Chief Controlling Revenue Authority has the authority to remit all or part of the penalties or forfeitures, as well as any part of the excess court-fee under section 25, at their discretion.

The correct answer is option 1.

Key Points 

Explanation:

As per Section 35 of The Gujarat Court-Fees Act, 2004:

• The court-fee is determined by the rate in force on the date when the document is presented for filing in court, regardless of when the document was prepared or signed.

The correct answer is option 3.

Key Points 

Explanation:

As per Section 42 of The Gujarat Court-Fees Act, 2004:

1. Repayment of Court-Fee:
   • If a suit or appeal is settled by agreement before any evidence is recorded (in a suit) or before the case is called for effective hearing (in an appeal or cross-objection), half of the court-fee paid by the plaintiff, appellant, or respondent will be repaid, subject to the conditions:
     • The court-fee paid must exceed one hundred rupees.
     • The claim for repayment must be made within one year from the date the settlement by agreement took place.
2. State Government's Discretion:
   • The State Government can also issue orders for further repayments under specified circumstances, as long as certain conditions are met.

The correct answer is option 2.

Key Points 

Explanation:

As per Section 43 of The Gujarat Court-Fees Act, 2004:

• If the Presiding Judge of a Criminal Court believes that the filing or exhibition of a document, even without the proper fee, is necessary to prevent a failure of justice, the document can still be allowed.
• This provision ensures that justice is not delayed or denied merely due to a fee deficiency in criminal cases.

The correct answer is option 2.

Key Points 

Explanation:

As per Section 45 of The Gujarat Court-Fees Act, 2004:

• The State Government has the authority to reduce or remit court-fees either in full or in part for territories under its administration.
• This power is exercised through a notification in the Official Gazette.
• The State Government can also cancel or vary such orders as necessary.

The correct answer is option 2.

Key Points 

Explanation:

According to The Gujarat Court-Fees Act, 2004, the following terms are defined:

1. "Chief Controlling Revenue Authority" means the officer appointed by the State Government to oversee revenue matters in Gujarat, which may be for the whole state or a part of it. This does not refer to a national-level officer .
2. "Collector" includes any officer authorized by the Chief Controlling Revenue Authority to perform the functions of a Collector under the Act. It is not limited to just the District Collector .
3. "Plaint" includes a written statement that pleads a set-off or counterclaim. This term is clearly defined in the Act as it relates to legal procedures involving claims and counterclaims in court .