Kerala High Court Advocates' Association to file petition against hike in court fees

The Kerala High Court Advocates' Association (KHCAA) has announced its intention to file a writ petition challenging the recent hike in court fees in the State. .In a meeting held on April 4, the General Body of the Association unanimously approved the suggestion of President Yeshwant Shenoy to challenge the hike before the High Court.The General Body also granted permission to call a token strike on Wednesday, April 9, if all Bar Associations of Kerala agree..Last year, the State government had constituted a five-member Committee headed by retired Kerala High Court judge Justice VK Mohanan to study and suggest proposals for the revision of court fees so that the Kerala Court Fees and Suits Valuation Act, 1959 (the Act) can be amended as needed. In his budget speech delivered on February 7, Finance Minister KN Balagopal said that the hikes have been proposed after taking into consideration inflation burdens and demands from several quarters to improve judicial infrastructure and enhance benefits provided by the Advocate Welfare Funds and Advocates Clerks Welfare Funds. This is the first time court fees have been amended in Kerala in over twenty years. The finance bill containing the new rates was passed in the Kerala Legislative Assembly on March 25. The changes announced in the budget speech came into effect on April 1.The increase in court fees ranges from 500 per cent to over 6500 per cent. However, court fees for filing habeas corpus and public interest litigations filing before the High Court have not been altered. .The government has revised court fees in the following manner:.1. Petitions to take possession of secured assets under the SARFAESI Act - ₹1,0002. Bail and anticipatory bail applications filed under the Bharatiya Nagarik Suraksha Sanhita, 2023 before the High Court - ₹5003. Bail application before Sessions Court - ₹2004. Anticipatory bail application before Sessions Court - ₹250 (half of fixed court fee for each subsequent petition)5. Bail applications before other courts - ₹50 per petitioner subject to maximum ₹2506. Application or petition presented to any Court or Magistrate in his executive capacity and not otherwise provided for in the Act (Schedule II, Article 11(g)) - ₹30 in District Court or Sub Court, ₹20 in other courts7. Suits for declaratory decree or order, with or without consequential relief - ₹5008. Suits for injunction - ₹25009. Suits relating to trust property - 1/5th of the market value or minimum of ₹ 5,000 and if not otherwise provided for, ₹1,00010. Suits for possession under the Specific Relief Act, 1877 - 1/3rd market value or ₹10,000, whichever is higher11. Suits for possession of immovable property not otherwise provided - market value or ₹20,000, whichever is higher12. Suits relating to easements - amount for which relief is sought or ₹5,000, whichever is higher.13. Suits for accounts - amount sued or ₹5,000, whichever is higher14. Partition Suits before Munsiff Court - ₹500; Sub Court or District Court - ₹2,00015. Suits for cancellation of decrees etc. - based on market value of property16. Suits under the Survey and Boundaries Act - maximum ₹5,000, subject to existing provisions17. Suits to alter or cancel entry in a register - ₹75, subject to existing provisions18. Suits relating to public matters before Munsiff Court - ₹500; Sub Court or District Court - ₹1000/-19. Suits not otherwise provided for before Revenue Court - ₹125; Musniff Court - ₹250; Sub Court or District Court - ₹1,000 (if value of subject matter is ₹25K or less) and ₹2,000 (if value of subject matter is more than ₹25K)19. Income limit of eligible categories under Section 74 (special provision regarding suits by registered trade union, member of Scheduled Castes, etc.) of the Kerala Court Fees and Suits Valuation Act, 1959, to be raised to ₹3 lakh and the limit of claim amount to a maximum of ₹10 lakhs20. Legal Benefit Fund (Section 76) leviable on petitions filed under section 34 of the Arbitration and Conciliation Act - 0.5 per cent of the award amount; on original petition filed before Kerala High Court and petitions filed under SARFAESI Act - ₹100 per petition.21. Ad valorem fees in Schedule I - Court fees limited to 1 per cent of the total claim amount in case of claiming compensation of death caused by any criminal act, grievous hurt, defamation, malicious prosecution.22. In Schedule II, fees for arbitration request/application before Kerala High Court to be ₹1000/; under Article 11(m)) - 1 per cent of the amount of the award; and under Article 4(2) as ₹500, ₹2,000 and ₹5,000 respectively.23. Application for execution of foreign awards: for award amount upto ₹1 lakh - 1 per cent of the claim; award amount between ₹1 lakh - ₹10 lakhs - 1 per cent of the first ₹1 lakh and 0.75 per cent of the remaining amount. In the same manner, amount upto ₹1crore - 0.50 per cent and exceeding ₹1 crore - 0.25 per cent, subject to maximum of ₹50,000. 24. Appropriate provisions to be made with respect to fees on enhanced award amount in land acquisition references raised 25. Court fees for Habeas Corpus and Public Interest Litigations filing before Kerala High Court to be exempted26. Election petitions challenging the election of member of village panchayath fees- ₹250; President or Vice President of Village Panchayath - ₹500; member of Block Panchayath - ₹1000; President or Vice President of Block Panchayath - ₹2,000; member of District Panchayath- ₹1,500; President or Vice President of District Panchayath ₹2500.27. If the election case concerns a member of Municipal Council / Municipal Corporation - ₹1,500; Mayor, Deputy Mayor, Chairman, or Vice-Chairman of Municipal Council or Municipal Corporation - ₹3,000.28. Election petition in respect of Member of Legislative Assembly (MLA) or Member of Parliament(MP) - ₹1,250.29. Inquiry or commission (Article 19) - 5 per cent30. Fees under the Telegraph Act 1885, Electricity Act of 2003, Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 - 2 per cent on additional compensation amount ordered31. Application under Order XXI Rule 58, Rule 97 of the Civil Procedure Code, 1908 before Munsiff Court - ₹500; before Sub Court or District Court - ₹1,000; Appeal or Revision- ₹1,00032. Fixed court fees in Schedule II except items 20 and 21 of the Court Fees and Suits Valuation Act to increase five fold..Based on the interim report of the Committee, the government had, in 2024, revised court fees for family court cases and cases that fall under the Negotiable Instruments Act. Petitions challenging the same are pending before the High Court. Both the Bar Council of Kerala and the Kerala High Court Advocates' Association have also expressed their strong opposition to the same..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.