Section 76 of The Presidency Small Cause Courts Act, 1882
The expense of employing an advocate, vakil, attorney or other legal practitioner incurred by any party shall not be allowed as costs in any suit or in any proceeding under Chapter VII of this Act, in the Small Cause Court, in which suit or proceeding the amount or value of the subject-matter does not exceed twenty rupees, unless the-Court is of opinion that the employment of such practitioner was under the circumstances reasonable.
Summary
- If you hire a lawyer for a case where the dispute is worth twenty rupees or less, you usually cannot claim their fee as part of your legal costs.
- Legal practitioners include advocates, vakils, attorneys, or any other professional legal helpers.
- The court can make an exception and allow these lawyer fees as costs if it decides that hiring a lawyer was reasonable under the circumstances.
Practical examples
FAQ
1. Under Section 76 of the Presidency Small Cause Courts Act, 1882, can I get my lawyer fees refunded if my claim is for ten rupees?
No, under Section 76 of the Presidency Small Cause Courts Act, 1882, you generally cannot recover lawyer fees as costs for claims of twenty rupees or less, unless the court finds it was highly reasonable to hire one.
2. What does Section 76 of the Presidency Small Cause Courts Act, 1882, say about disputes worth more than twenty rupees?
Section 76 of the Presidency Small Cause Courts Act, 1882, only restricts the recovery of lawyer expenses for disputes that do not exceed twenty rupees. For higher amounts, normal rules of costs apply.
3. Who decides if a lawyer's employment was reasonable under Section 76 of the Presidency Small Cause Courts Act, 1882?
Under Section 76 of the Presidency Small Cause Courts Act, 1882, the Small Cause Court itself must form the opinion that hiring the legal practitioner was reasonable under the circumstances of the case.
Test yourself
Q1.Under Section 76 of the Presidency Small Cause Courts Act, 1882, what is the threshold amount below which lawyer expenses are generally not allowed as costs?
Q2.Under Section 76 of the Presidency Small Cause Courts Act, 1882, which of the following is NOT listed as a legal practitioner whose expenses might be restricted?
Q3.Under Section 76 of the Presidency Small Cause Courts Act, 1882, when can lawyer expenses for a fifteen-rupee claim be allowed as costs?
Q4.Under Section 76 of the Presidency Small Cause Courts Act, 1882, do these cost restrictions apply to eviction proceedings under Chapter VII?