'Court Fee Refund Only If Case Settled Through ADR Mechanisms' : Supreme Court Rejects Refund Claim For Private Out-of-Court Settlement
1 month, 2 weeks ago

'Court Fee Refund Only If Case Settled Through ADR Mechanisms' : Supreme Court Rejects Refund Claim For Private Out-of-Court Settlement

Live Law  

The Supreme Court held that litigants who resolve their disputes privately outside of court are not entitled to a refund of court fees. The Court said that the refund of the court fees is permissible only “if the matter is referred to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or mediation for settlement and the case is decided in terms of such a settlement and not otherwise.” The bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah was hearing the SLP where the petitioner was aggrieved by the High Court's refusal to refund the court fees paid by him in the trial court, first appeal and second appeal because the case was amicably settled on their own outside the court without an aid of Alternative Dispute Resolution mechanism. Affirming the High Court's decision, the court noted that because the second appeal was decided not in reference to any of the ADR mechanism but on the settlement arrived between the parties, therefore no error was committed in the impugned decision in denying the refund of the court fees. Related- Full Court Fee Refund On Mediation Settlement Not Possible Unlike Lok Adalat Settlement Without State Law : Supreme Court

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History of this topic

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court
2 months, 3 weeks ago

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court

Live Law  

Discussing Section 13 of the Court Fees Act, the Allahabad High Court has held that once an appeal is remanded back to the original Court for any reason, the Appellate Court ought to grant a certificate of authorization to the appellant to receive back the full court fees paid along with the memorandum of appeal. Justice Kshitij Shailendra held “Section …

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court
2 months, 3 weeks ago

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court

Live Law  

Discussing Section 13 of the Court Fees Act, the Allahabad High Court has held that once an appeal is remanded back to the original Court for any reason, the Appellate Court ought to grant a certificate of authorization to the appellant to receive back the full court fees paid along with the memorandum of appeal. Justice Kshitij Shailendra held “Section …

Full Refund Of Court Fee On Mediation Settlement Not Possible Unlike Lok Adalat Without State Law : Supreme Court
3 months ago

Full Refund Of Court Fee On Mediation Settlement Not Possible Unlike Lok Adalat Without State Law : Supreme Court

Live Law  

The Supreme Court on December 19 held that a dispute amicably settled by mediation under Section 89 of the Code of Civil Procedure should not be confused with the settlement of a dispute through Lok Adalat in terms of the repayment of Court fees where the latter provides 100% refund in the administration of justice. It held: "The inescapable conclusion …

Appeal Cannot Be Dismissed As Not Maintainable On Account Of Non-Payment Of Requisite Fee: Punjab and Haryana High Court
3 months, 1 week ago

Appeal Cannot Be Dismissed As Not Maintainable On Account Of Non-Payment Of Requisite Fee: Punjab and Haryana High Court

Live Law  

The Punjab and Haryana High Court stated that appeal cannot be dismissed as not maintainable on account of non-payment of requisite fee. The Division Bench consisting of Justices Sanjeev Prakash Sharma and Sanjay Vashisth was considering a case where the Appellate Authority dismissed the appeal as not maintainable on the ground that the assessee/petitioner had failed to pay Rs. The …

Case Cannot Be Referred To Lok Adalat Without Giving Opportunity Of Hearing To All Parties To Dispute: Gauhati High Court
4 months ago

Case Cannot Be Referred To Lok Adalat Without Giving Opportunity Of Hearing To All Parties To Dispute: Gauhati High Court

Live Law  

The Gauhati High Court at Aizawl on Thursday set aside an Award passed by a Lok Adalat under Section 19 of the Legal Services Authority Act on the ground that the petitioner was not a party in the original civil suit and hence, she was not given an opportunity of being heard in the matter before referring the case to …

Courts Can't Grant Refund Of Earnest Money If Not Specifically Prayed For In Specific Performance Suit: Jharkhand High Court
9 months, 3 weeks ago

Courts Can't Grant Refund Of Earnest Money If Not Specifically Prayed For In Specific Performance Suit: Jharkhand High Court

Live Law  

The Jharkhand High Court has observed that, in a specific performance suit, the Courts cannot grant relief of refund of earnest money if it is not specifically prayed for. “Since the plaintiffs in the plaint in itself has not sought the alternate relief for refund of the earnest money or the further amount so paid, the Court cannot give direction …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
11 months ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Ensure Advocates Representing State Aren't Forced To Approach Courts To Recover Fees : Supreme Court To Uttar Pradesh Govt
1 year, 1 month ago

Ensure Advocates Representing State Aren't Forced To Approach Courts To Recover Fees : Supreme Court To Uttar Pradesh Govt

Live Law  

The Supreme Court has asked the State of Uttar Pradesh to ensure that the advocates representing the State Government are not forced to file petitions in Courts to recover the fees due to them.“We hope and trust that the State will not create a situation, where an Advocate representing the State is required to approach the Court for recovery of …

Is Plaintiff Entitled To Complete Refund Of Court Fees Where Dispute Settled Privately Without ADR Mechanism? Delhi High Court To Decide
1 year, 3 months ago

Is Plaintiff Entitled To Complete Refund Of Court Fees Where Dispute Settled Privately Without ADR Mechanism? Delhi High Court To Decide

Live Law  

The Delhi High Court is set to decide as to whether a plaintiff in a civil suit would be entitled to complete refund of court fees or only to half of it, where the dispute is settled with the defendant privately, without intervention of any ADR mechanism. On the other hand, Ajay Mahajan case held that where there is private …

Ensure Advocates Representing State Are Paid In Time, Unfortunate That They've To Approach Court : Supreme Court To UP Govt
1 year, 6 months ago

Ensure Advocates Representing State Are Paid In Time, Unfortunate That They've To Approach Court : Supreme Court To UP Govt

Live Law  

The Supreme Court on Monday expressed its displeasure at advocates being constrained to approach the court to recover legal fees due to them for representing the State Government.The Apex Court was hearing a plea by the State of Uttar Pradesh against an order of the Uttarakhand High Court that had directed the State to pay interest to an advocate on …

Supreme Court Weekly Round Up (24th April to 30th April 2023)
1 year, 10 months ago

Supreme Court Weekly Round Up (24th April to 30th April 2023)

Live Law  

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.Judgments/OrdersS.17 Registration Act | High Court Cannot Exercise Writ Jurisdiction To Alter Or Amend Registered Lease Deed: Supreme Court The Supreme Court …

Plaintiff Cannot Seek Return Of Plaint & Refund Of Court Fees After Dismissal Of Suit: Kerala High Court
2 years, 2 months ago

Plaintiff Cannot Seek Return Of Plaint & Refund Of Court Fees After Dismissal Of Suit: Kerala High Court

Live Law  

The Kerala High Court recently held that the court fee could not be refunded after a suit had been decided on merits, particularly when the petitioner had filed the application for return of the plaint and court fee, without challenging the decree therein. Without challenging the decree, the petitioner has filed Ext.P3 application with a seemingly innocuous prayer for the …

Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court
2 years, 6 months ago

Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that writs under Article 226 are maintainable for asserting contractual rights against the State or its instrumentalities and the presence of Arbitration clause does not oust the jurisdiction under Article 226 in all cases though it still needs to be decided from case to case as to whether recourse to …

'Abuse Of Process, Frivolous Litigation' : Supreme Court Affirms Cost Of Rs 5 Lakhs Imposed On Litigant
2 years, 8 months ago

'Abuse Of Process, Frivolous Litigation' : Supreme Court Affirms Cost Of Rs 5 Lakhs Imposed On Litigant

Live Law  

Strongly criticising the filing of numerous proceedings before the tiers of forums upto the Supreme Court itself and the deliberate non-disclosure of absolutely relevant facts, the Apex Court went on to record that it was initially persuaded to initiate contempt proceedings against the Petitioner, but it is not doing so purely due to the age of the Petitioner as she …

Plaintiff Not Entitled For Refund Of Court Fees If Parties Are Referred For Arbitration: Delhi High Court
2 years, 9 months ago

Plaintiff Not Entitled For Refund Of Court Fees If Parties Are Referred For Arbitration: Delhi High Court

Live Law  

The Delhi High Court has observed that a plaintiff cannot be entitled for refund of court fees in the event of an application under sec. 8 of the Arbitration and Conciliation Act being allowed and the parties being referred for arbitration.Justice Amit Bansal reiterated that a litigant is not entitled to refund of court fees in case of rejection of …

Party Can't Claim Refund Of Court Fee If Dispute Not Settled After Being Referred To Arbitration: Kerala High Court
2 years, 9 months ago

Party Can't Claim Refund Of Court Fee If Dispute Not Settled After Being Referred To Arbitration: Kerala High Court

Live Law  

The Kerala High Court has recently held that mere reference of a party for settlement under Section 89 of the Code of Civil Procedure would not entitle refund of court fee as provided under Section 69A of the Kerala Court Fees and Suits Valuation Act, unless it has been settled between the parties. Thus it is clear that mere reference …

Court Fee In A Suit Seeking Cancellation Of Document To Be Computed Based On Value Shown In The Document: Kerala High Court
2 years, 10 months ago

Court Fee In A Suit Seeking Cancellation Of Document To Be Computed Based On Value Shown In The Document: Kerala High Court

Live Law  

The Kerala High Court has recently established that when cancellation or declaration of a document as null and void is sought for, the court fee shall be paid valuing the same on the basis of the value shown in the document as long as the subject matter is capable of valuation.However, Justice A. Badharudeen reiterated that in a suit for …

"Section 89 CPC Extends To Compromises Entered Outside Court Also": Punjab & Haryana High Court Allows Refund Of Court Fees
2 years, 11 months ago

"Section 89 CPC Extends To Compromises Entered Outside Court Also": Punjab & Haryana High Court Allows Refund Of Court Fees

Live Law  

Punjab and Haryana High Court has reiterated that parties are entitled to refund of court fees even in case of compromise entered into outside the Court. The bench comprising Justice Alka Sarin while setting aside the order passed by the Trial Court allowed the petition and held the petitioner entitled to get the refund of court fees. The application for …

Supreme Court Rejects Plea To Direct State Boards To Refund Exam Fee For Cancelled Class 10, 12 Exams
3 years, 7 months ago

Supreme Court Rejects Plea To Direct State Boards To Refund Exam Fee For Cancelled Class 10, 12 Exams

Live Law  

The Supreme Court has refused to direct state boards to refund the exam fee collected from students in respect of the Class 10, 12 exams which were cancelled on account of COVID-19.A bench comprising Justices AM Khanwilkar and Dinesh Maheshwari rejected the prayer saying that the issue does not "merit consideration".The bench approved the stand taken by state boards about …

Breaking: Parties Who Privately Agree To Settle Disputes Without Court Intervention U/s 89 CPC Also Entitled To Refund Of Court Fee: Supreme Court
4 years, 1 month ago

Breaking: Parties Who Privately Agree To Settle Disputes Without Court Intervention U/s 89 CPC Also Entitled To Refund Of Court Fee: Supreme Court

Live Law  

The Supreme Court held that the parties who privately agree to settle their dispute outside the modes contemplated under Section 89 of the Code of Civil Procedure are also entitled to refund of Court fees.The participants in private settlements will be entitled to the same benefits as those who have been referred to explore alternate dispute settlement methods under Section …

Consider Amending Provision To Allow 100 Percent Court Fees Refund If Suit Is Settled By ADR:Karnataka HC [Read Judgment]
5 years, 6 months ago

Consider Amending Provision To Allow 100 Percent Court Fees Refund If Suit Is Settled By ADR:Karnataka HC [Read Judgment]

Live Law  

Karnataka High Court has recommended to the State Government to consider amending a section in the State Court Fees Act, providing for 100% refund of court fees in case there is a settlement in a suit by taking recourse to Arbitration, Conciliation and Mediation. Periyaswamy said "In the case of settlement of suits culminating into an Award made by the …

Multiple Proceedings On Same Issue Not Permissible Under RERA 2016; Maharashtra RERA Dismisses Complaint Seeking Refund For Delayed Possession [Read Order]
6 years, 2 months ago

Multiple Proceedings On Same Issue Not Permissible Under RERA 2016; Maharashtra RERA Dismisses Complaint Seeking Refund For Delayed Possession [Read Order]

Live Law  

In an important ruling, the Maharashtra Real Estate Regulatory Authority has held that multiple proceedings on the same issue cannot be allowed under the Real Estate Act 2016. MahaRERA dismissed the complaint seeking a refund along with interest at the rate of 24% per annum for the delayed possession in respect of booking of a flat in Rare. MahaRERA dismissed …

Full Court Fee To Be Refunded If Case Referred To Mediation By Court Ends In Compromise Decree [Read Order]
6 years, 3 months ago

Full Court Fee To Be Refunded If Case Referred To Mediation By Court Ends In Compromise Decree [Read Order]

Live Law  

Providing more clarity around the interpretation of Sections 16 and 16A of the Court Fees Act in cases which have been referred to mediation by the court at pre-evidence stage and a compromise decree is incorporated, the Delhi High Court on Friday held that an interpretation of the statute inuring to the litigant’s benefit should be preferred and if a …

Award Of Lok Adalat Can Be Challenged Only By Filing Writ Petition And Not By Way Of Separate Suit – Supreme Court [Read Judgment]
7 years, 6 months ago

Award Of Lok Adalat Can Be Challenged Only By Filing Writ Petition And Not By Way Of Separate Suit – Supreme Court [Read Judgment]

Live Law  

Upholding the order of rejection of plaint, the Supreme Court held that the award of Lok Adalat can be challenged only by filing writ petition under Article 226/227 of the Constitution of India, and that civil suit seeking such remedy was not maintianable. The suit in question was filed seeking to set aside a settlement award of lok adalat passed …

Supreme Court upholds Plea by Reliance and BG Group; Allows Arbitration in London
10 years, 9 months ago

Supreme Court upholds Plea by Reliance and BG Group; Allows Arbitration in London

Live Law  

A Supreme Court Bench of Justice S.S. Nijjar and Justice A.K. Sikri today, set aside the Delhi High Court order and allowed Reliance Industries Ltd. to go ahead with the arbitration in London over the row with the Centre on the Panna, Mukta and Tapti oil and gas fields. The dispute exists over reimbursement of royalties and taxes in the …

Suit cannot be rejected by trial courts for non-payment of court fee alone, says Supreme Court
11 years, 3 months ago

Suit cannot be rejected by trial courts for non-payment of court fee alone, says Supreme Court

Live Law  

A Supreme Court Bench of Justices S.J. Mukhopadhaya and V. Gopala Gowda has ruled that trial courts cannot reject a civil suit relating to property dispute for non-payment of court fees alone and that Article 39A of the Constitution is equally applicable to the district judiciary, and it is for the courts to ensure that justice is administered to people …

Suit cannot be rejected by trial courts for non-payment of court fee alone, says Supreme Court
11 years, 3 months ago

Suit cannot be rejected by trial courts for non-payment of court fee alone, says Supreme Court

Live Law  

A Supreme Court Bench of Justices S.J. Mukhopadhaya and V. Gopala Gowda has ruled that trial courts cannot reject a civil suit relating to property dispute for non-payment of court fees alone and that Article 39A of the Constitution is equally applicable to the district judiciary, and it is for the courts to ensure that justice is administered to people …

Judge: I wasn't consulted on deferment plea
14 years, 6 months ago

Judge: I wasn't consulted on deferment plea

The Hindu  

Justice Dharam Veer Sharma, one of the three judges on the Special Bench of the Allahabad High Court here, on Monday gave a dissenting order on the plea to defer the verdict on the Babri Masjid title suit. Khan and Sudhir Agarwal — Mr. Justice Sharma said the possibility of an amicable settlement could have been explored. Mr. Justice Sharma …

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