New Amendment of Sec. 138 NI Act.
kennii
(Querist) 25 August 2009
This query is : Resolved
can anyone help me to provide details of the new amendment of the sec 138 of NI Act where court fee of 2% of the value of the cheque amount has been introduced.
PALNITKAR V.V.
(Expert) 25 August 2009
Following is the Bombay Amendment. Court Fees is the State subject. Hence, check the local amendments.
Bombay Court-fees (Amendment) Act, 2008
An Act further to amend the Bombay Court-fees Act, 1959. WHEREAS it is expedient further to amend the Bombay Court-fees Act, 1959, for the purposes hereinafter appearing; it is hereby enacted in the Fifty-ninth Year of the Republic of India as follows:-
.
1. Short title and commencement.- (2) This Act .may be called the Bombay Court-fees (Amendment) Act, 2008.
(2) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint.
2. Amendment of section 43 of Bom. XXXVI of 1959.- In section 43 of the Bombay Court-fees Act, (hereinafter referred to as "the principal Act"), in sub-section (2), -
(i) after the word "petitioners", the words and figures "complainants under section 138 of the Negotiable Instruments Act, 1881", shall be inserted;
(ii) after the word "petitions," the words and figures "complaints under section 138 of the Negotiable Instruments Act, 1881," shall be inserted;
(iii) after the words "in suits" the words and figures "complaints under section 138 of the Negotiable Instruments Act, 1881", shall be inserted.
3. Amendment of Schedule I of Bom. XXXVI of 1959.- In Schedule I to the Principal Act, after Article 17, the following article shall be inserted, namely :-
"18. Application or petition containing complaint or charge of an offence under section 138 of the Negotiable Instruments Act, 1881. (A) When the amount of cheque does not exceed ten thousand rupees. Two hundred rupees.
(B) When the amount of cheque exceeds ten thousand rupees. Two hundred rupees for every ten thousand rupees or part thereof subject to the maximum of rupees one lakh fifty thousand.".
vinjamuri ranga babu
(Expert) 25 August 2009
hello,
here in AP there is no such provision.so, kindly inform me which state you belongs to, and
CF @SV act is state subject. hope you can understood.
vr
Kiran Kumar
(Expert) 26 August 2009
in Punjab too there is no such fee imposed by the state.
A V Vishal
(Expert) 27 August 2009
Mr Ranga Babu
In A.P Refer Andhra Pradesh Court Fees and Suit Valuation Act., 1956 which can be had from any law book house.
ad. creaminall
(Expert) 28 August 2009
Mr.Palnitkar has given full details. I agree with him. It is applicable in maharashtra state.
Ravi Arora
(Expert) 28 August 2009
Court fee for 138 of N.I.Act, I m listening it first time, is it true and in which state ?
Sachin Bhatia
(Expert) 29 August 2009
There is no such court fee in Haryana for the complaint u/s 138 of N. I. Act.
Sarvesh Kumar Sharma Advocate
(Expert) 25 August 2009
Adinath@Avinash Patil
(Expert) 25 August 2009
