FEES AND COSTSCentral

Section 74 of The Presidency Small Cause Courts Act, 1882 in hindi

The Small Cause Court may, whenever it thinks fit, receive and register suits instituted, and applications under section 41 made by poor persons, and may issue processes on behalf of such persons, without payment or on a part-payment of the fees mentioned in sections 71 and 72.

Summary

Empowers the Small Cause Court to assist poor persons by waiving or reducing their litigation fees.
Allows the court to receive and register plaints or Section 41 applications without requiring full payment.
Permits the court to issue legal processes on behalf of poor persons for free or on part-payment.
References the standard fees mentioned in Sections 71 and 72 as eligible for these waivers or reductions.

Practical examples

1Hari is a poor laborer who has not been paid his wages, but he has no money for the court fee. Under the rules, the court registers his claim for free and issues a summons to his employer without requiring the standard fees beforehand.

2Meena, a poor widow, needs to file a Section 41 application to remove an illegal occupant from her tiny hut. The court permits her to pay only a quarter of the usual fee, registering her case and helping her get the necessary legal notices served.

FAQ

1. What relief does Section 74 of The Presidency Small Cause Courts Act, 1882 provide to poor litigants?

Under Section 74 of The Presidency Small Cause Courts Act, 1882, the court may receive and register their cases and issue processes without payment or on part-payment of fees.

2. Which specific fees can the court waive or reduce under Section 74 of The Presidency Small Cause Courts Act, 1882?

Under Section 74 of The Presidency Small Cause Courts Act, 1882, the court can waive or reduce the institution fees under Section 71 and process fees under Section 72.

3. Does a poor person have an absolute right to free court services under Section 74 of The Presidency Small Cause Courts Act, 1882?

No, under Section 74 of The Presidency Small Cause Courts Act, 1882, the court has discretion and may grant this relief whenever it thinks fit.

Test yourself

Q1.Under Section 74 of The Presidency Small Cause Courts Act, 1882, the court can waive or reduce fees mentioned in which other sections of the Act?

Q2.Under Section 74 of The Presidency Small Cause Courts Act, 1882, what are the two options available to the court regarding fees for poor persons?

Q3.Under Section 74 of The Presidency Small Cause Courts Act, 1882, which types of filings can the court receive and register from poor persons without full payment?

Q4.If a poor person's suit is registered without payment under Section 74 of The Presidency Small Cause Courts Act, 1882, but they later settle the dispute before the hearing under Section 73, which of the following is true?

73PreviousSection 73 Repayment of half-fees on settlement before hearing.75NextSection 75 Power to vary fees.

←Section 73 Section 75→