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Ad valorem court fee in Bangladesh

Ad valorem court fee in Bangladesh: A Comprehensive Overview

Ad valorem court fee in Bangladesh in Bangladesh and the legal system in Bangladesh is an essential component of maintaining justice and resolving disputes. As part of the legal process, court fees play a crucial role in financing the judiciary and ensuring access to justice. One type of court fee used in Bangladesh is the ad valorem court fee, which is a fee calculated based on the value of the subject matter in dispute. This article aims to provide a comprehensive overview of ad valorem court fees in Bangladesh.

Definition and Purpose:

Ad valorem court fees are charges calculated as a percentage of the monetary value of the subject matter in dispute. This type of fee is prevalent in civil cases, where parties seek monetary compensation or deal with property-related matters. The primary purpose of ad valorem court fees is to generate revenue to sustain the judiciary while ensuring a fair and proportional cost burden on litigants.

Calculation of Ad Valorem Court Fees:

In Bangladesh, the calculation of ad valorem court fees is typically governed by statutory provisions outlined in the Court Fees Act, 1870. The Act specifies the rates at which ad valorem fees are to be levied on different types of cases. The value of the subject matter is determined based on the plaintiff’s claim or the relief sought, and the applicable percentage is then applied to calculate the court fee.

Types of Cases Subject to Ad Valorem Court Fees:

  1. Civil Suits: Ad valorem court fees are commonly applied in civil suits where the plaintiff seeks monetary compensation or relief.
  2. Property Disputes: Cases involving disputes over property, including land and real estate, often attract ad valorem court fees.
  3. Injunctions: Matters related to injunctions, such as preventing someone from taking a specific action, may also be subject to ad valorem fees.
  4. Probate and Administration: Cases concerning the probate of wills and administration of estates may involve ad valorem court fees.
  5. Compulsory Registration: In some instances, documents that require compulsory registration may also attract ad valorem fees.

Exemptions and Exceptions:

While ad valorem court fees are prevalent, there are exemptions and exceptions. Certain categories of litigants, such as those falling under the poverty line, may be eligible for fee reductions or waivers. Additionally, specific types of cases may be expressly exempt from ad valorem fees, as outlined in the Court Fees Act.

Challenges and Considerations:

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Ad Valorem Court Fee In Bangladesh 2

Despite the benefits of ad valorem court fees, there are challenges associated with their implementation. Determining the true value of the subject matter in dispute can be complex, leading to disputes over the calculation of fees. Moreover, there may be concerns about the financial burden on litigants, especially in cases with high monetary claims.

SLNature of SuitsCourt Fees
1Money Suits Advalorem
2Suit for Damages and Compensation Advalorem
3Suit for moveable property having market value Advalorem
4Suit for moveable property having no market valueAdvalorem
5Suit for Recovery of Possession u/s 9 of SR ActHalf of Advalorem
6Suit for Injunction Advalorem
7Pre-Emption under Muslim Law Advalorem
8Suit for Cancellation of Deed Advalorem
9Suit for Rectification of Deed Advalorem
10Suit for Recession of ContractAdvalorem
11Suit for Declaration of Title and Consequential Relief Advalorem
12Suit for Specific Performance of Contract Advalorem
13Suit for Easement Rights Advalorem
14Suit for Redemption of Mortgage Property Advalorem
15Suit for Foreclosure Advalorem
16Suit for Dower Fixed
17Suit for Maintenance Fixed 
18Suit for Restitution of Conjugal Rights Fixed 
19Suit for Divorce Fixed 
20Suit for Guardianship Fixed 
21Suit for Simple Declaration Fixed 
22Suit for Partition and Separate Possession Advalorem
23Pre-emption case U/S 96 of SA&T and U/S 24 NATFixed 
24Suit for Simple Partition Fixed 
25Suit for Recovery of land, Building and GardenAdvalorem
26Suit for Recovery of Possession u/s 8 of Specific Relief ActAdvalorem
27Suit for Rent Advalorem
28Suit for Setting aside a decreeAdvalorem 
29 Suit for Declaration and InjunctionAdvalorem
30Court Fees in Appeal and Revision *
31Suit for Setting aside an attachment Advalorem
32Suit does not fall u/s 7 (i-xi)Advalorem
33Declaratory suit when not in possession Advalorem 
34Declaratory suit when in possession Fixed 

Ad valorem court fees in Bangladesh play a pivotal role in financing the judiciary and ensuring equitable access to justice. Understanding the principles, calculations, and exceptions associated with ad valorem fees is essential for both legal practitioners and litigants. As the legal landscape evolves, periodic reviews of the court fee structure may be necessary to address challenges and maintain a fair and efficient judicial system in Bangladesh.

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