Kerala Budget 2025-26: Court Fee To Be Increased, Proposal To Establish A Centre For Legal Studies, Funds To Curb Cyber Bullying, Fake News

The proposal said that the Government may consider the recommendation to relax the Court fees for women and transgenders. The Government is hoping to get an additional Revenue of Rs. 150 Crores.

Some of the proposed court fee are as follows:

1. Petition for taking possession of secured assets under SARFAESI Act – Rs. 1000
2. Application of bail and anticipatory bail before High Court – Rs. 500, Rs. 250 for subsequent petitions
3. Application of bail before Sessions Court – Rs. 200, for subsequent petitions – Rs. 100
4. Application of anticipatory bail before Sessions Court – Rs. 250, for subsequent petitions – Rs. 125
5. Application of bail and anticipatory bail before other Courts – Rs. 50 for each petitioner subject to a maximum of Rs. 250
6. Application for petition presented to any Court, or to Magistrate in his executive capacity (Schedule II, article 11 (g) ) – Rs. 30 in District Courts, Rs. 20 in other Courts
7. Suits for declaration (Section 25) – Rs. 5000
8. Suit for injunction (Section 27) – Rs. 2500
9. Suits relating to trust property (Section 28) – Rs. 5000 or one-fifth of market value, whichever is more, if not otherwise provided for Rs – 1000
10. Suits for possession under Specific Relief Act (Section 29) – Rs. 10,000 or one-third of market value whichever is higher
11. Suis for possession not otherwise provided for (Section 30) – In accordance with market value of Rs. 20,000 whichever is higher
12. Suits relating to easements (Section 31) – Amount at which relief is sought for or Rs. 5000 whichever is higher.
13. Suits for accounts (Section 35) – amount sued or Rs. 5000 whichever is higher
14. Partition suit (Section 37) – Rs. 500 before Munsiff Court, Rs. 2000 before Sub Court or District Court
15. Suits for cancellation of decrees (Section 40) – based on the market value of the property
16. Suits under Survey and Boundary Act (Section 45) – Rs. 5000
17. Suits to alter or cancel entry in a register (Section 46) – Rs. 75 subject to existing provisions
18. Suits relating to public matters (Section 47) – Rs. 500 before Munsiff Court, Rs. 1000 before Sub Court or District Court
19. Suits not otherwise provided for (Section 50) – Rs. 125 before revenue court, Rs. 250 before Munsiff Court, Rs. 1000 before Sub Court and Rs, 2000 before District Court
20. Income limit of eligible categories under Section 74 (Special provision regarding suits registered by trade union, member of Scheduled Castes etc.,) to Rs. 3 Lakh and limit claim amount to Rs. 10 Lakh
21. Legal benefit fund (under Section 76) to be levied for petitions under Section 34 of the Arbitration and Conciliation Act at the rate of 0.5% of the award amount, Rs. 100 per petition for original petition filed before Kerala High Court and petitions filed under SARFAESI Act
22. Limit court fees under Schedule I for claim amount in case of compensation of death caused by any criminal act, grievous hurt, defamation, malicious prosecution to 1% of the total claim
23. Fees under Schedule II; Fees for Arbitration request/ application before High Court – Rs. 1000;
24. Fees under Schedule II; Fees for original petitions Not otherwise provided for (Article 11(m) of Schedule II) – 1% of amount awarded
25. Fees under Schedule II; Memorandum of Appeal under Section 39 of Arbitration Act (Article 4 under Schedule II) – Rs. 500, 2000 and 5000 respectively
26. Application for execution of foreign awards (Article 11(n) of Schedule II) – upto Rs. 1,00,000 – 1% of the claim, 1,00,0001-10,00,000(1% of the first 1,00,000 and 0.75% of the remaining amount. In the same manner amount upto to Rs. 1 Crore at 0.5%, and amount exceeding Rs. 1 Crore at 0.25% subject to maximum of Rs. 50,000
27. For enhanced amount in land acquisition references; For amount between Rs. 25,000 and Rs. 1,00,000 – fee shall be Rs. 500; between 1,00,000 to Rs. 5,0000 – fee shall be Rs. 4 for every 100, Between 5 Lakh – 10 Lakh – fee for first 5 Lakh shall be Rs, 4 and for every remaining Rs. 100, fee shall be at the rate of Rs. 1; Between 10 Lakh – Rs. 20 Lakh, fee shall be Rs. 0.75 for every Rs. 100; between Rs. 20 Lakh – Rs. 50 Lakh, fee shall be Rs. 0.50 for every Rs. 100; between Rs. 75 Lakh – Rs. 1 Crore – fee shall be Rs 0.10 foe every Rs.100, Above Rs. 1 Crore – fees shall be Rs. 0.01 for every Rs. 100.
28. Court fees for Habeas corpus and PIL's exempted
29. Election petitions challenging the election of member of Village Panchayath – Rs 250
30. Election petitions challenging the election of President or Vice President of Village Panchayath- Rs 500
31. Election petitions challenging the election of member of block Panchayath- Rs 1000
32. Election petitions challenging the election of President or Vice President of Block Panchayath- Rs 2000
33. Election petitions challenging the election of member of district Panchayath- Rs 1500
34. Election petitions challenging the election of President or Vice President of district Panchayath- Rs 2500
35. Election petitions challenging the election of member of municipal council/municipal corporation- Rs 1500
36. Election petitions challenging the election of mayor/deputy mayor or chairman/ vice chairman of municipal council/municipal corporation- Rs 3000
37. Election petition of member of Legislative Assembly or Member of Parliament- Rs 1250
38. Article 19-Inquiry and commission- enhanced at rate of 5 per cent
39. To realize fees under the Telegraph Act 1885, Electricity Act of 2003, Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 at the rate of 2% on the amount ordered as additional compensation
40. Execution of Decrees and Orders in Order XXI CPC, Rule 58 and Rule 97 to realize fees before Munsiff Court- Rs. 500, before Sub Court or District Court - Rs 1000, Appeal or Revision -Rs. 1000
41. Suggested revision of fees for petitions under the Kerala Co-operative Societies Act, 1969, petition, revision and appeal under Kerala Building (Lease and Rent Control) Rules, 1979, Administrative Tribunal Act, 1985, Consumer Protection Act, 2019, and Kerala Local Self Government Institutions Rules, 1999

Establishing Centres of Excellence

Following the recommendation of the commission for reformation in higher education sector, sanction has been given to establish 7 new centres of excellence including one for legal studies Kerala Institute of Advanced Legal Studies (KIAS)

Modernisation of Judiciary

• Amount of Rs. 17.04 Crore is earmarker for the modernization of High Court, Subordinate Court and Kerala Judicial Academy
• An amount of Rs. 3.51 Crore has been earmarked for implementation of various activites for transforming High Court into a paper-less office
• Rs. 3 Crore is earmarked to preserve Ram Mohan Palace, the earliest building of High Court and develop it as a museum
• Rs. 18 Crore earmarked as State share to improve physical infrastructure facilities under Judiciary Department
• Rs. 5 Crore is set apart for functioning of 55 existing court and a new special fast track court for Trial of Pocso Cases

Cyber Bullying and Fake News

Rs. 2 Crore is earmarked for establishing an efficient system co-ordinating PRD, Police and Law Department and to strengthen Cyber wing to initiate legal action against cyber criminal who propogate fake news, pictures and videos.