Course Content
Institution of Suit?
In India, the institution of a suit refers to the formal process of initiating a legal action by filing a plaint in the appropriate court. It is the act of presenting the claim before the court and seeking a legal remedy. The plaintiff, through the plaint, sets out the facts, grounds, and reliefs sought in the case. The institution of a suit involves paying the requisite court fees, submitting the necessary documents, and complying with procedural requirements. Once the suit is properly instituted, the court acquires jurisdiction over the matter and the litigation process begins, leading to subsequent stages such as pleadings, discovery, trial, and judgment.
Summons in a civil case is a legal document issued by the court to notify a defendant of a lawsuit and instruct them to appear in court.
Appearance and Consequences Non-Appearance of Parties
Appearance and non-appearance of parties refers to their presence or absence in a legal proceeding. Parties may physically attend or be represented by legal counsel, signifying their active participation (appearance). Non-appearance occurs when parties are absent, which can have consequences such as dismissal or postponement of proceedings.
Civil Court Practice
About Lesson

Calculating court fees in India can vary depending on the state and the specific legal proceeding involved. However, I can provide you with a general overview of the process.

  1. Identify the relevant court fees schedule: Each state in India has its own court fees schedule, which lists the fees applicable to different types of cases and services. You can typically find this schedule on the official website of the respective state’s judiciary or at the local court.

  2. Determine the nature of the case: Different types of cases have different fee structures. Identify the category your case falls under, such as civil, criminal, or family, to determine the applicable fees.

  3. Calculate the value of the subject matter: In some cases, the court fees are calculated based on the value of the subject matter involved. For example, in a civil case, it may be based on the claim amount or the market value of the property in dispute. For criminal cases, the fees might be fixed regardless of the subject matter.

  4. Refer to the court fees schedule: Once you have determined the nature of the case and the value of the subject matter, refer to the court fees schedule applicable to your state. Look for the relevant section and locate the corresponding fees.

  5. Additional fees and stamp duty: Apart from the basic court fees, there may be additional fees or stamp duty applicable for certain documents or processes, such as filing petitions, applications, or appeals. Check the court fees schedule for any specific requirements.

  6. Consult with a legal professional: If you are unsure about the calculation or specific fees for your case, it is advisable to consult with a lawyer or legal professional. They can provide guidance based on their expertise and experience with the local court system.

Remember that court fees may be subject to periodic revisions or updates, so always refer to the latest court fees schedule provided by the relevant state judiciary or consult with a legal expert for accurate and up-to-date information.

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