Under section 35 of the court fees Act State Government

Solution

As per S.35 of the Court Fees Act, 1870 court fee is remitted as determined by the State Government. The Government Notification dated 01/04/1983 of Madhya Pradesh has made the rules as under-   .- In exercise of the powers conferred by Section 35 of the Court fees Ac, 1870 (No.7 of 1870), the State Government hereby remits in the whole of the State of Madhya Pradesh, the Court fees mentioned in Articles 1-A and 2 of the first schedule and Articles 5, 17 and 21 of the second schedule to the said Act payable on plaint by the following categories of persons whose annual income immediately preceding the date of presentation of plaint from all sources does not exceed [rupees twenty five thousand] namely-   (i) member of Scheduled Tribes; (ii) member of Scheduled Castes; (iii) minors; (iv) women; (v) arisen; (vi) unskilled labourer; (vii) landless labourer; (viii) persons belonging to the weaker section of society."   By way of the aforesaid notification, the Government of Madhya Pradesh has exempted the payment of court fees to the members of Scheduled Caste, Scheduled Tribe, minors, women and the persons belonging to weaker section of society etc. if their annual income immediately preceding the date of presentation of the plaint from all sources does not exceed Rs.25,000/- & for giving benefit of notification, the Court is required to examine the annual income of the plaintiffs immediately the preceding date following the plaint from all sources.   This has been discussed by Madhya Pradesh High Court in the case of- Smt. Rekha vs Satish Maheshwari 2018