Swk. L.N. 11/1985
SYARIAH COURTS (FORMS AND FEES) RULES, 1985
First Column | Second Column | ||
Court of Kadi $ | Court Kadi Besar $ | ||
1. Plaint, Statement of Claim and Counterclaim (whether separate or endorsed on a Summons) | 10.00 | 30.00 | |
2. Summons to defendant (for each defendant named) | 1.00 | 2.00 | |
Note: Fees under items 1 and 2 are both payable on a Summons endorsed with Plaint or Statement of Claims | |||
3. Notice of every kind (for each person to be notified) | 1.00 | 2.00 | |
4. Summons to a witness (for each witness named) | 1.00 | 2.00 | |
5. Taking an affidavit or declaration | 1.00 | 1.00 | |
6. Marking an exhibit to an affidavit or declaration | 0.70 | 2.00 | |
7. Filing an affidavit or declaration | 1.00 | 2.00 | |
8. Any application, not otherwise provided for | 1.00 | 2.00 | |
9. (a) Application under section 77(2) | 1.00 | 2.00 | |
(b) Letter of appointment of a representative under section 77(2) | 1.00 | 3.00 | |
10. Commission for any purpose (in addition to expenses of the Court ) - section 84 | 2.00 | 3.00 | |
11. (a) Application for and letter of appointment or change of an advocate - section 48 | 2.00 | 3.00 | |
(b) Application to discharge an advocate -section 48 | 1.00 | 2.00 | |
12. Judgment or Order: | |||
(a) if costs ordered to be paid | 2.00 | 5.00 | |
(b) if no costs ordered to be paid | 1.00 | 3.00 | |
13. Filing or issuing any document not herein otherwise provided for, other than a statement of defence | 0.50 | 1.00 | |
14. (a) Certified copy of proceedings or any document, when prepared by the Court (Original) | 1.00 plus 50 cents per half folio or part thereof. | ||
(b) Certified translation by an Interpreter of the Syariah Court | 1.00 plus 50 cents per half folio or part thereof. | ||
(c) For each additional copy, if "carbon" or by duplicating process | 1.00 plus 25 cents per half folio or part thereof. | ||
(d) Certifying copy of any document when not prepared by the Court | 50. cents plus 50 cents per half folio or part thereof. | ||
15. (a) For an application of "Fatwa pesaka" - section 44 | 1.00 | 1.00 | |
(b) Issuing of "Fatwa Pesaka" | 1.00 | 2.00 | |
Note: If "Fatwa Pesaka" is required to be given in respect of the second, third and subsequent deceased of the estate of the first deceased in the same certificate, the fee prescribed in paragraph (b) above shall be chargeable for the "Fatwa Pesaka" given in respect of each deceased. | |||
16. Application for issue of Judgment Debtor Summons, Judgment Notice and Ganishment Notice, arrest or commitment - section 84 | 2.00 | 4.00 | |
17. Commission on sale or property in execution by auction, in addition to the actual expenses of any sale - section 84 | 2.00 | 4.00 | |
for the first $500.00 | 5 per cent | 5 per cent | |
and on subsequent amount | 2 per cent | 2 per cent | |
18. Issuing Notice of attachment | 1.00 | 2.00 | |
19. Warrant of commitment or arrest (for each person named) | 1.00 | 2.00 | |
20. Bail Bond, for every person executing the same | 1.00 | 2.00 | |
21. Notice of appeal | 1.00 | 3.00 | |
22. Service of any process or proceeding required to be served by the Court | 0.50 | 0.050 | |
and, if more than one mile from the Court House, in addition- | |||
(a) for travel on foot or by bicycle for each mile travelled, exceeding two | 0.20 | 0.20 | |
or | |||
(b) for travel by any other means | The actual sum disbursed by the process-server. | ||
Note: Amounts chargeable under paragraph (a) or (b) of this item are payable to the process-server for his own benefit and are to be deposited with the process-server prior to the service. | |||
23. Filing of Petition of Appeal to Syariah Court of Appeal | 15.00 | 26.00 | |
24. Deposit for any appeal | 70.00 | 101.00 |