Q1: Can an employee be sued for damages for resigning without serving notice period?

The employer can only recover notice pay in lieu of the agreed notice period as quantified in the employment contract. Employers cannot arbitrarily withhold relieving letters, experience certificates, or accrued salaries without legal justification.

Q2: How quickly must social media platforms remove morphed photos after a complaint?

Under Rule 3(2)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, social media intermediaries must remove or disable access to non-consensual intimate imagery within 24 hours of receiving a complaint.

Q3: Can insurance claim rejections be challenged in Consumer Court?

Yes. Insurance companies frequently reject valid medical, life, or commercial fire claims on hyper-technical exclusions. The Supreme Court in Manmohan Nanda v. United India Insurance affirmed that insurers cannot deny bona fide claims when pre-existing disclosures were made in good faith.

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Civil Procedure • Haryana Court Fees Act August 9, 2026 8 Min Read

Authored by: Advocate Kishan Kumar (Advocate & Legal Consultant)

Court Fees & Stamp Duty in Haryana Civil Suits

Quick Legal Takeaways

Court Fees Act (Haryana): Mandates correct court fee payment prior to instituting civil property, recovery, or cancellation suits.
Ad-Valorem vs Fixed Scale: Ad-valorem applies to money recovery & Sale Deed cancellation; fixed nominal fee applies to injunctions & partition in joint possession.
Suhrid Singh Precedent (2010): Executants seeking deed cancellation pay ad-valorem fee; non-executants seeking declaration in possession pay fixed nominal court fee.
Order 7 Rule 11(c) Rejection: Failure to make up deficient court fees within fixed time leads to automatic Plaint rejection.

Table of Contents

2. State of Haryana v. Subhash Chander Marwaha

Ruling: Addressed the strict interpretation of fiscal statutes, emphasizing that court fees must be calculated strictly according to the statutory schedules without ambiguity.

3. High Court Bar Association v. State of Haryana

Ruling: Dealt with challenges to the excessive enhancement of court fees by the state legislature, balancing state revenue needs with the fundamental right to access to justice.

5. Complete Procedural Roadmap & Litigation Strategy

Valuation of Suit: Determine the value of the subject matter of the suit under the Suit Valuation Act.
Calculation of Fee: Ascertain whether the suit requires a fixed court fee (e.g., injunctions) or ad-valorem court fee (e.g., recovery of money) based on the Haryana Court Fee schedules.
Procurement of Stamps: Purchase judicial stamp papers or utilize e-stamping facilities as mandated by the state government.
Filing of Plaint: Affix the requisite court fees to the plaint before filing it in the competent civil court.
Scrutiny by Ahlmad: The court clerk (Ahlmad) will verify the court fees; any deficiency must be made good within the time granted by the court under Order VII Rule 11 CPC.
Refund Claim (If Applicable): If the matter is settled via Lok Adalat, file an application for a refund certificate for the court fees paid.

6. Comparative Assessment Table: Fixed vs. Ad-Valorem Fees

Nature of Suit	Type of Court Fee	Basis of Calculation
Recovery of Money	Ad-Valorem	Based on the total amount claimed.
Suit for Permanent Injunction	Fixed	Nominal fixed fee as per Schedule II.
Suit for Possession	Ad-Valorem	Based on the market value of the property.
Suit for Declaration	Fixed	Nominal fixed fee, unless consequential relief is claimed.

7. Strategic Legal Advisory for Businesses & Individuals

Ensuring correct valuation and payment of court fees is crucial to avoid rejection of the plaint under Order VII Rule 11 of the CPC. Litigants should properly assess whether their claims fall under fixed or ad-valorem categories to optimize litigation costs. Additionally, leveraging alternate dispute resolution (ADR) mechanisms can facilitate the refund of court fees, offering significant financial relief in protracted disputes.

👉 In Plain Terms: Strict adherence to statutory limitation deadlines and issuing a formal advocate demand notice before litigation are essential to enforce civil rights and recover dues.

8. Frequently Asked Questions (FAQ)

Q1: What is the difference between ad-valorem and fixed court fees in Haryana?

Answer: Ad-valorem court fees are calculated as a percentage of the suit valuation (e.g., property value or claim amount), while fixed court fees are flat amounts prescribed for specific types of applications like interim injunctions, appeals, or miscellaneous petitions. Most money suits and property disputes in Haryana attract ad-valorem fees under the Court Fees Act read with Haryana amendments.

Q2: Can court fees be refunded if the case is settled through mediation or Lok Adalat?

Answer: Yes. Under Section 16 of the Court Fees Act, if a suit is settled through compromise, mediation, or Lok Adalat before the final hearing stage, the plaintiff is entitled to a refund of up to 50-75% of the court fee paid, depending on the stage of settlement.

Q3: How is court fee calculated for a partition suit involving ancestral property?

Answer: In partition suits, court fee is payable on the market value of the plaintiff's share (not the entire property). Under the Haryana Court Fees rules, the plaintiff must obtain a certified valuation report and pay ad-valorem fee on their claimed share.

9. Step-by-Step Court Fee Calculation & Refund Procedure in Haryana

Court Fee Exemption & Refund Guidelines

Ad-Valorem Schedule Inspection: Calculating exact slab-based court fee under Court Fees (Haryana Amendment) Act.
E-Challan Generation (e-GRAS Portal): Generating official treasury payment challan for Haryana Judiciary.
Court Fee Refund upon Lok Adalat Settlement: Moving application under Section 16 of Court Fees Act for 100% refund upon settlement.
Indigent Person Exemption (Order 33 CPC): Filing application to sue as pauper where applicant lacks property worth ₹1,000.
Verification by Nazir: Obtaining formal court nazir report confirming exact fee calculation before regular suit registration.

Statutory Authorities & Legal References

Transfer of Property Act (Sections 53A, 54 Sale, Section 106 Tenancy)
Registration Act, Indian Stamp Act & Haryana Stamp Rules
Specific Relief Act (Section 16(c) Readiness and Willingness & Injunctions)
Code of Civil Procedure (Order 39 Rules 1 & 2 Temporary Injunctions)
Case precedents reported in Supreme Court Cases (SCC), All India Reporter (AIR), and Punjab Law Reporter (PLR).
e-Courts Services & National Judicial Data Grid (NJDG) procedural tracking guidelines.

Disclaimer: This article is published for educational and informational purposes only under the Advocates Act, 1961. It does not constitute formal legal advice or create an attorney-client relationship. For case-specific legal strategy, consult a qualified advocate.

Actionable Next Steps & Critical Legal Checklist

If you are facing an active legal dilemma regarding Regulatory & Statutory Remedy Action Checklist, execute these immediate procedural steps to protect your statutory rights:

Calculate Ad Valorem Court Fees & Interest: Compute statutory interest under HRERA Rules or Section 7(iv) Court Fees Act before filing claims.
Observe 2-Year Consumer Limitation Window: File consumer forum complaints within 2 years from the date of cause of action under Section 69 Consumer Protection Act.
Execute Court Decrees Under Order 21 CPC: If opponent defaults on judicial orders, initiate execution proceedings or contempt under Order 39 Rule 2A CPC.