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:
- Civil Suits: Ad valorem court fees are commonly applied in civil suits where the plaintiff seeks monetary compensation or relief.
- Property Disputes: Cases involving disputes over property, including land and real estate, often attract ad valorem court fees.
- Injunctions: Matters related to injunctions, such as preventing someone from taking a specific action, may also be subject to ad valorem fees.
- Probate and Administration: Cases concerning the probate of wills and administration of estates may involve ad valorem court fees.
- 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:
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.
| SL | Nature of Suits | Court Fees |
| 1 | Money Suits | Advalorem |
| 2 | Suit for Damages and Compensation | Advalorem |
| 3 | Suit for moveable property having market value | Advalorem |
| 4 | Suit for moveable property having no market value | Advalorem |
| 5 | Suit for Recovery of Possession u/s 9 of SR Act | Half of Advalorem |
| 6 | Suit for Injunction | Advalorem |
| 7 | Pre-Emption under Muslim Law | Advalorem |
| 8 | Suit for Cancellation of Deed | Advalorem |
| 9 | Suit for Rectification of Deed | Advalorem |
| 10 | Suit for Recession of Contract | Advalorem |
| 11 | Suit for Declaration of Title and Consequential Relief | Advalorem |
| 12 | Suit for Specific Performance of Contract | Advalorem |
| 13 | Suit for Easement Rights | Advalorem |
| 14 | Suit for Redemption of Mortgage Property | Advalorem |
| 15 | Suit for Foreclosure | Advalorem |
| 16 | Suit for Dower | Fixed |
| 17 | Suit for Maintenance | Fixed |
| 18 | Suit for Restitution of Conjugal Rights | Fixed |
| 19 | Suit for Divorce | Fixed |
| 20 | Suit for Guardianship | Fixed |
| 21 | Suit for Simple Declaration | Fixed |
| 22 | Suit for Partition and Separate Possession | Advalorem |
| 23 | Pre-emption case U/S 96 of SA&T and U/S 24 NAT | Fixed |
| 24 | Suit for Simple Partition | Fixed |
| 25 | Suit for Recovery of land, Building and Garden | Advalorem |
| 26 | Suit for Recovery of Possession u/s 8 of Specific Relief Act | Advalorem |
| 27 | Suit for Rent | Advalorem |
| 28 | Suit for Setting aside a decree | Advalorem |
| 29 | Suit for Declaration and Injunction | Advalorem |
| 30 | Court Fees in Appeal and Revision | * |
| 31 | Suit for Setting aside an attachment | Advalorem |
| 32 | Suit does not fall u/s 7 (i-xi) | Advalorem |
| 33 | Declaratory suit when not in possession | Advalorem |
| 34 | Declaratory 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.
