Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court
1 week, 5 days 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 13 casts an obligation upon the appellate court to grant a certificate to the appellant authorizing him to receive back from the Collector the full amount of fees paid on the memorandum of appeal and the proviso restricts such right to the extent of the amount originally paid.” Appellants approached the High Court in its Appellate Jurisdiction challenging the rejection of their plaint on grounds that he had failed to deposit the court fees. The question of law before the Court was “Whether in a case where decision of the trial court rejecting the plaint is reversed in Appeal, plaintiffs are required to again deposit court fees before the trial court after remand?” Section 13 of the Court Fees Act provides for refund of Court fees deposited along with memorandum of appeal when, inter alia, the appeal is rejected, or suit is remanded back to the trail court. Further reliance was placed on Suresh Kumar Chowkse v. State of Madhya Pradesh and another, where the Madhya Pradesh High Court, while dealing with provision pari materia to Section 13 of the Court Fees Act, held that “When the appellate Court remanded the case for complete re-trial, it was the bounden duty of the appellate Court to grant the said certificate to the appellant authorising him to receive back from the Collector the full amount of Court-fee paid on the memorandum of appeal.

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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
1 week, 5 days 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
2 weeks, 6 days 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
1 month 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 …

Legal Representatives Of Appellant In Second Appeal Are Entitled To Re-Submit Appeal Which Was Returned For Curing Defects: Kerala High Court
6 months, 2 weeks ago

Legal Representatives Of Appellant In Second Appeal Are Entitled To Re-Submit Appeal Which Was Returned For Curing Defects: Kerala High Court

Live Law  

The Kerala High Court has declared that an applicant can resubmit an appeal instituted by a person under whom the applicants claim. The Court clarified that legal representatives of an appellant in a Regular Second Appeal are entitled to re-submit the appeal which was returned for curing the defects. Justice K. Babu held: “The principle emerges is that the right …

Appellate Court May Reject, Not Dismiss An Appeal For Non-Payment Of Court Fee: Kerala High Court
1 year ago

Appellate Court May Reject, Not Dismiss An Appeal For Non-Payment Of Court Fee: Kerala High Court

Live Law  

The Kerala High Court has held that an appellate court may only reject and not dismiss an appeal for non-payment of court fee by the party.A single judge bench of Justice Badharudeen was dealing with a second appeal, filed as a consequence of first appellate court's order dismissing the appeal as “balance court fee not paid". The Kerala High Court …

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

Plaintiff Cannot Seek Return Of Plaint & Refund Of Court Fees After Dismissal Of Suit: Kerala High Court
1 year, 11 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 …

Plaintiff Not Entitled For Refund Of Court Fees If Parties Are Referred For Arbitration: Delhi High Court
2 years, 6 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, 6 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 …

"Section 89 CPC Extends To Compromises Entered Outside Court Also": Punjab & Haryana High Court Allows Refund Of Court Fees
2 years, 8 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 …

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC
3 years ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law  

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

Consider Amending Provision To Allow 100 Percent Court Fees Refund If Suit Is Settled By ADR:Karnataka HC [Read Judgment]
5 years, 4 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 …

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