Tuesday, August 16, 2022

REFUND OF COURT-FEE

..... Refund of Court- Fee.....
                               

- When any suit/appeal /cross-objection in a Court is settled by agreement of parties before any evidence the amount of court fee paid by plaintiff/appellant/respondant on suit/appeal/cross objection as the case may be shall repaid to him by the court as per notification of Government.

- Basically maximum 3/4 amount of court fee be repaid as per notification of Government.

- But where the court refers the parties to the suit to any mode of settlement of dispute referred to in section 89 of C. P. C. the plaintiff shall be entitled to certificate from the court authorising him to receive back from the collector the Full Amount of the Fee paid in respect of such plaint.

- Please carefully peruse section 89 of C. P. C. for refund of Court Fee.

== Relevant Provisions ===

- Section 43 of Maharashtra Court Fees Act 1959.

- Notification of Government issued u/s 43(2) of above Act.

- Section 89 of C. P. C.

- Chapter VI(6) of C. P. C. (Amendment) 1999 i. e. Amendment Of The Court Fees Act 1870.

- Section 21 of The Legal Services Authorities Act 1987.

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