Court Fee Mandatory For Proceedings Before Gujarat Waqf Tribunal: Gujarat High Court

The Gujarat High Court has held that payment of court fees is mandatory for cases filed before the Gujarat State Waqf Tribunal.

Justice JC Doshi held that applications under Section 83 of the Waqf Act, 1995, are essentially civil in nature, despite being termed as “applications” and not “suits.”

The Court noted that the Waqf Tribunal exercises powers of a civil court under the CPC, making the Gujarat Court Fees Act applicable.

Upholding the rejection of 133 cases for non-payment of requisite court fees, the Court found no legal infirmity in the Tribunal’s decision.

[Sunni Muslim Idgah Masjid Trust v. Hardik Sitaram Patel & Anr.]