Section 5
Determination Of Value, Amount In Question
While determining the value, amount in question in order to collect court fees, the value, amount in question shall be determined as follows, in the following matters including the matter of claim made by the plaintiff or for release from claim:-
(a) Where the claim is for entitlement to cash or for disentitlement to cash, according to the figure of cash as entitlement to which has to be established or de-established,
(b) Where the claim is for the recovery of gold, silver, ornaments (Jawaharat), utensils, livestock, grains, timber etc. movable property or the disentitlement of a claim thereon, according to the figure upon determining the value and amount in question of the property at the rate of the property in question prevailing at the local village or market,
Explanation: 8 If there arise any dispute as to the local village or market price of the gold, silver or ornaments, the value or price determined by any other bank or financial institution recognized by the Nepal Rastra Bank or the Government of Nepal shall prevail.
(c) In relation to goods of which selling price or value is not prevailing at the local village or market, according to the figure of value or amount in question determined by the plaintiff,
(d) Where a claim is made on entitlement to an immovable property or land or on disentitlement of right in such property, according to the figure of value or amount in question as determined by the suit or complaint maker pursuant to Sub-section (2) of Section 4,
(e) Where a claim is made on disentitlement of a secured farmer to the right of secured farmer, half the value, amount in question of the land as determined pursuant to Clause (d) shall be considered as its value or amount in question, and according to that figure,
(f) …………….9
(g) …………….10
(h) ……………11
(i) Where a claim is made for crops yields of a land cultivated on half crop-sharing basis or for disclaimer, according to the figure of income of the half crops of a previous year in which a divine act (Daibi) did not occur,
(k) In a case claiming that the half crops of the land suffering a divine act were not remitted, according to the figure, if any, specified that the same need not be paid,
(l) Where a claim is made for a house (building), cartilage and crop income, as well, or for disentitlement of right therein, according to the value of the house at the rate prevailing at the local village, market and the value as per that set forth in Clause (d) in the case of cartilage and according to the claimed amount of crop income,
(m) ……………….12
(n) ………………13
(o) ………………..14
(p) In a case requesting for the remission of any thing other than the crops of a land, according to the figure of amount in question requested for remission,
(q) In a case requesting for entitlement to the function of Guthi, Mahantyai, priest, store in-charge (Bhandare), Tahaluwa, server (Susare) etc. or for disentitlement of right claimed therein or for dismissal from the function, according to the figure of the residue or surplus receivable upon operation of the Guthi, and where claim is made for other, according to the value, amount in question of the land where the land is assigned and that of one year’s income receivable where the land is not assigned,
(r) In a case claiming that a land was disentitled in an unauthorized manner or that a land to which one is entitled was provided to another, according to the figure of tenant’s share in crops (Mohiboti) of one year,
(s) Where a claim is made that in making eviction (Pajani) of land, the land was given to another, which should have been given to him or her, according to the figure of such value of the claimed land as to be set pursuant to Clause (d),
(t) Where a claim is made that eviction of land was made by an unauthorized person (Betaluk), according to the figure of such value of the land as to be set pursuant to Clause (d),
(u) Where a claim is made for entitlement to a contract amount or for disentitlement of right therein, according to the figure of contract amount for the years as so claimed and where a claim is made against the loss of income, according to the figure of the loss of income as claimed,
(v) The price or valuation of a mortgaged (Bandhaki) land etc. the right or claim in which has not been given up shall be set as the amount in question, and according to that figure,
(w) In a case involving a suit by a debtor for insolvency (Damashahi) or specification of a repayment date (Bhakha), according to the figure of the amount in question indicated by the debtor,
(x) In a case claiming that one has not paid or received a salary, allowance, installment, food allowance, Jyuni, alimony (Manachawal) or that the same should be allowed not to be paid, where a land is claimed or claim is made that one be allowed not to pay the same, according to the figure of the value to be set pursuant to Clause (d) in the case of land, and according to the figure of the value claimed where other cash or in-kind has been claimed,
(y) In a case claiming that one has not paid or received a salary, allowance, installment, food allowance, Jyuni, alimony or that arrangement be made for the non-payment of the same, according to the figure thereof for one year, upon determining such figure,
(z) Where a claim is made for wages loss (damage) or compensation, according to the amount in question so claimed and in a case requesting for authorization for the non-payment of the same, according to the figure of the amount in question so requested for authorization for non-payment,
(aa) Where a claim is made for, Naso deposit or guarantee, according to the amount in question so claimed and in a case requesting for authorization for the non-payment of the same, according to the figure of the amount in question so requested for authorization for non-payment,
(bb) Where many matters including principal, profit, interest, land crops, yields, house, shop, rent thereof and movable and immovable property, cash, in-kind are claimed or a request is made for ordering non-payment of the same, according to the figure of the price, value to be set pursuant to Clause (d) in the case of land, and according to the figure of price and amount in question thereof in the case of other sum, profit, interest, rent, income, cash and in-kind,
(cc) Where a suit or complaint is made claiming principal and interest as well, court fees shall be charged according to the figure of interest to be accrued up to the date of such a suit or complaint, and if the interest is recoverable thereafter and up to the date of judgment, court fees chargeable on the interest from the date of making of the plaint or complaint to the date of final judgment shall be recovered when the amount in question is recovered,
(dd) In determining the amount in question of the goods the recovery whereof is requested for by making a suit or complaint as per the rate prevailing at the local village or market, then the value or amount in question thereof shall be set out in the complaint at the rate prevailing at the place of payment where a deed or contract is available to the effect that payment thereof shall be made at that place at the rate prevailing at the time of making suit, and failing such a contract, as per the rate prevailing at the village or market of the place where the price is fixed or of the place where it has to be to be received or taken and court fees collected accordingly; and if the price or value so set out seems doubtful, the suit or complaint hearing authority may ascertain the matter upon inquiring thereinto,
(ee) Where a claim is made for the establishment of right in a land or for the registration or transmission of a land or voiding the registration or transmission of a land, court fees shall be charged according to the figure of the value or amount in question of the land to be set pursuant to Clause (d), in the case of claim for the establishment of the right in the land, and court fee of One Hundred Rupees15 shall be charged in the case of the claim for the registration or transmission or voiding the registration, transmission.
(a) Where the claim is for entitlement to cash or for disentitlement to cash, according to the figure of cash as entitlement to which has to be established or de-established,
(b) Where the claim is for the recovery of gold, silver, ornaments (Jawaharat), utensils, livestock, grains, timber etc. movable property or the disentitlement of a claim thereon, according to the figure upon determining the value and amount in question of the property at the rate of the property in question prevailing at the local village or market,
Explanation: 8 If there arise any dispute as to the local village or market price of the gold, silver or ornaments, the value or price determined by any other bank or financial institution recognized by the Nepal Rastra Bank or the Government of Nepal shall prevail.
(c) In relation to goods of which selling price or value is not prevailing at the local village or market, according to the figure of value or amount in question determined by the plaintiff,
(d) Where a claim is made on entitlement to an immovable property or land or on disentitlement of right in such property, according to the figure of value or amount in question as determined by the suit or complaint maker pursuant to Sub-section (2) of Section 4,
(e) Where a claim is made on disentitlement of a secured farmer to the right of secured farmer, half the value, amount in question of the land as determined pursuant to Clause (d) shall be considered as its value or amount in question, and according to that figure,
(f) …………….9
(g) …………….10
(h) ……………11
(i) Where a claim is made for crops yields of a land cultivated on half crop-sharing basis or for disclaimer, according to the figure of income of the half crops of a previous year in which a divine act (Daibi) did not occur,
(k) In a case claiming that the half crops of the land suffering a divine act were not remitted, according to the figure, if any, specified that the same need not be paid,
(l) Where a claim is made for a house (building), cartilage and crop income, as well, or for disentitlement of right therein, according to the value of the house at the rate prevailing at the local village, market and the value as per that set forth in Clause (d) in the case of cartilage and according to the claimed amount of crop income,
(m) ……………….12
(n) ………………13
(o) ………………..14
(p) In a case requesting for the remission of any thing other than the crops of a land, according to the figure of amount in question requested for remission,
(q) In a case requesting for entitlement to the function of Guthi, Mahantyai, priest, store in-charge (Bhandare), Tahaluwa, server (Susare) etc. or for disentitlement of right claimed therein or for dismissal from the function, according to the figure of the residue or surplus receivable upon operation of the Guthi, and where claim is made for other, according to the value, amount in question of the land where the land is assigned and that of one year’s income receivable where the land is not assigned,
(r) In a case claiming that a land was disentitled in an unauthorized manner or that a land to which one is entitled was provided to another, according to the figure of tenant’s share in crops (Mohiboti) of one year,
(s) Where a claim is made that in making eviction (Pajani) of land, the land was given to another, which should have been given to him or her, according to the figure of such value of the claimed land as to be set pursuant to Clause (d),
(t) Where a claim is made that eviction of land was made by an unauthorized person (Betaluk), according to the figure of such value of the land as to be set pursuant to Clause (d),
(u) Where a claim is made for entitlement to a contract amount or for disentitlement of right therein, according to the figure of contract amount for the years as so claimed and where a claim is made against the loss of income, according to the figure of the loss of income as claimed,
(v) The price or valuation of a mortgaged (Bandhaki) land etc. the right or claim in which has not been given up shall be set as the amount in question, and according to that figure,
(w) In a case involving a suit by a debtor for insolvency (Damashahi) or specification of a repayment date (Bhakha), according to the figure of the amount in question indicated by the debtor,
(x) In a case claiming that one has not paid or received a salary, allowance, installment, food allowance, Jyuni, alimony (Manachawal) or that the same should be allowed not to be paid, where a land is claimed or claim is made that one be allowed not to pay the same, according to the figure of the value to be set pursuant to Clause (d) in the case of land, and according to the figure of the value claimed where other cash or in-kind has been claimed,
(y) In a case claiming that one has not paid or received a salary, allowance, installment, food allowance, Jyuni, alimony or that arrangement be made for the non-payment of the same, according to the figure thereof for one year, upon determining such figure,
(z) Where a claim is made for wages loss (damage) or compensation, according to the amount in question so claimed and in a case requesting for authorization for the non-payment of the same, according to the figure of the amount in question so requested for authorization for non-payment,
(aa) Where a claim is made for, Naso deposit or guarantee, according to the amount in question so claimed and in a case requesting for authorization for the non-payment of the same, according to the figure of the amount in question so requested for authorization for non-payment,
(bb) Where many matters including principal, profit, interest, land crops, yields, house, shop, rent thereof and movable and immovable property, cash, in-kind are claimed or a request is made for ordering non-payment of the same, according to the figure of the price, value to be set pursuant to Clause (d) in the case of land, and according to the figure of price and amount in question thereof in the case of other sum, profit, interest, rent, income, cash and in-kind,
(cc) Where a suit or complaint is made claiming principal and interest as well, court fees shall be charged according to the figure of interest to be accrued up to the date of such a suit or complaint, and if the interest is recoverable thereafter and up to the date of judgment, court fees chargeable on the interest from the date of making of the plaint or complaint to the date of final judgment shall be recovered when the amount in question is recovered,
(dd) In determining the amount in question of the goods the recovery whereof is requested for by making a suit or complaint as per the rate prevailing at the local village or market, then the value or amount in question thereof shall be set out in the complaint at the rate prevailing at the place of payment where a deed or contract is available to the effect that payment thereof shall be made at that place at the rate prevailing at the time of making suit, and failing such a contract, as per the rate prevailing at the village or market of the place where the price is fixed or of the place where it has to be to be received or taken and court fees collected accordingly; and if the price or value so set out seems doubtful, the suit or complaint hearing authority may ascertain the matter upon inquiring thereinto,
(ee) Where a claim is made for the establishment of right in a land or for the registration or transmission of a land or voiding the registration or transmission of a land, court fees shall be charged according to the figure of the value or amount in question of the land to be set pursuant to Clause (d), in the case of claim for the establishment of the right in the land, and court fee of One Hundred Rupees15 shall be charged in the case of the claim for the registration or transmission or voiding the registration, transmission.