Under section 35 of the Court Fees Act, 1870, as it applies in Chhattisgarh, how may the fees mentioned in the First and Second Schedules be reduced or remitted?
Question and options
Under section 35 of the Court Fees Act, 1870, as it applies in Chhattisgarh, how may the fees mentioned in the First and Second Schedules be reduced or remitted?
By the State Government, by notification in the Official Gazette
By the High Court, by rules made with the Governor's approval
By the presiding judge, by an order passed in the suit itself
By the Collector, by an order passed on the party's application
Answer and explanation
Section 35 provides that the appropriate Government, which for the courts in Chhattisgarh is the State Government, may “by notification in the Official Gazette, reduce or remit” all or any of the fees in the First and Second Schedules, and may cancel or vary such an order in the same way. The power is not given to the High Court, to the judge trying the suit or to the Collector; a court can only apply a remission that the Government has notified.
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Chhattisgarh Judicial Services
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