Court Fee Mismatch Raises Transparency Concerns at Bombay High Court.

Bombay High Court Fee Calculator Mismatch Raises Alarm Over Judicial Transparency

A major judicial transparency issue has emerged after investigations revealed that the Bombay High Court’s official Court Fee Calculator is still based on pre-2018 rates. This mismatch contradicts the Maharashtra Court-fees (Amendment) Act, which increased the maximum court fee from ₹3 lakh to ₹10 lakh in 2018. Litigants relying on this outdated tool may unknowingly underpay statutory fees, causing potential legal violations and crores in revenue loss for the state. The findings demand urgent digital and administrative correction.

A Sprouts News Special Investigation Team analysis reveals the Bombay High Court’s official digital calculator may be promoting widespread underpayment of statutory court fees, potentially costing the state crores in lost revenue and misleading litigants.

A major investigation by Punjab Today has exposed a critical flaw in the Bombay High Court’s digital infrastructure. The court’s official Court Fee Calculator appears outdated. It may not reflect the amended Maharashtra Court-fees Act, raising serious legal and financial concerns. This discrepancy affects high-value commercial litigation in India’s financial capital. Litigants relying on this official tool could unknowingly break the law.

The heart of the issue lies in the Maharashtra Court-fees (Amendment) Act, 2017. This legislation was notified as Maharashtra Act X of 2018. It substantially enhanced the fee structure for filing civil suits. The law raised the maximum payable court fee from ₹3 lakh to a significant ₹10 lakh. This change was implemented nearly seven years ago. However, the court’s own digital tools have not kept pace with the statutory update.

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Understanding the Court Fee Calculator Discrepancy

The outdated system creates a clear financial mismatch for litigants. For a suit valued at ₹1 crore, the calculator shows a fee of just ₹3 lakh. The amended law, however, legally mandates a payment of approximately ₹4,85,430. The problem escalates with higher-value suits. For a massive ₹10 crore suit valuation, the calculator still caps the fee at ₹3 lakh.

The amended law requires the maximum fee of ₹10 lakh in such cases. This indicates the digital system is hardcoded to a pre-2018 statutory ceiling. It completely ignores the revised incremental fee structure. This programming error has significant real-world consequences for every user. The tool is providing legally incorrect information to the public.

Financial and Legal Risks for Litigants and the State

Court fees are mandatory statutory charges, not optional payments. Litigants depend on the High Court’s official portal for accurate compliance guidance. A mismatch between the law and its digital guidance creates substantial risks. Individuals and corporations are being misled about their true legal financial obligations. This can lead to unintentional under-payment of mandatory court fees at the time of filing.

Such underpayment is a serious procedural lapse. It can trigger future deficit recovery proceedings against the litigant. The state exchequer also faces a significant multi-crore revenue loss. With numerous high-value suits filed in Mumbai, the cumulative financial impact is vast. This situation fundamentally undermines public confidence in judicial transparency and modernisation efforts.

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Official Website Links to Outdated Legislation

Further investigation into the court’s digital resources deepens the concern. The “Acts” section on the Bombay High Court’s official website currently links only to the 2016 version of the Maharashtra Court-fees Act. The amended 2018 schedule, which is the current law, is conspicuously absent. This critical document is neither published nor integrated into the court’s digital interface.

The court’s new official website, – https://bombayhighcourt.nic.in/, also lacks an updated fee table. It does not offer a corrected calculator for public use. This means the primary official sources for legal information are propagating outdated law. Legal experts question how such a gap persists years after the amendment was enacted. It points to a serious administrative oversight.

Seeking Clarification from the Bombay High Court Registry

Punjab Today’s original report – https://www.punjabtodaynews.com/high-court-ignoring-fee-law/ documented formal attempts to seek clarification. The publication wrote to the Bombay High Court Registry with specific questions. They inquired if the 2018 amended schedule is being implemented at physical filing counters. They asked why the public calculator reflects only pre-2018 rates. They also questioned the publication of only the 2016 Act on the website.

Crucially, they sought to know if any circular has stayed the amendment’s implementation. At the time of their publication, the Registry had not provided a response. The lack of official comment leaves the public in a state of uncertainty. It also prevents a clear understanding of whether this is a technical glitch or an administrative directive.

A Broader Crisis in Digital Transparency for Courts

This case highlights a systemic issue plaguing many public institutions in India. When official digital systems lag behind statutory amendments, citizens bear the cost. They are left navigating outdated information with serious financial and legal consequences. The Indian judiciary has increasingly emphasised transparency and digitisation.

The “e-Courts” mission is a flagship project aimed at modernising the system. However, the accuracy of official online tools is fundamental to this mission. It is not an optional feature. For digitisation to enhance access to justice, the information provided must be legally sound. This incident serves as a critical reminder that technology must keep pace with the law.