Back
NUPUR BHATI
Prem Travels – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. overview of factual background of writ petition. (Para 1 , 2 , 3) |
| 2. petitioner's argument for refund of court fees. (Para 4) |
| 3. court's reasoning against previous judgment applicability. (Para 6) |
| 4. final decision and dismissal of the petition. (Para 7 , 8) |
ORDER :
(Nupur Bhati, J.)
The present writ petition has been filed with the following prayers:-
2. Briefly stated the facts of the case are that the petitioner has filed a civil suit before the Additional District Judge No.6, Jodhpur Metropolitan and challenged the bid issued by respondent No.5 as it was opened in favour of the respondent Amit Kumar wherein, the notices were issued to the defendants and the civil suit was kept pending for written statements. Thereafter, the petitioner moved an application for withdrawal of the suit with a request to refund back the court fees as incurred at th
Point of law :Recall of compromise decree - Application for recalling of a compromise decree has to be filed only before the Court that had recorded the compromise in terms of Order XXIII Rule 3(a) o....
Court fees must be refunded when a suit is dismissed due to lack of jurisdiction, establishing a right to full refund in such cases.
The court lacks power to refund court fees if withdrawn appeals do not meet statutory refund conditions under applicable acts.
Section 70 of the Act comes into play only when there is no adjudicatory process.
Section 16 of the Court Fees Act, 1870 allows for the refund of court fees in specific circumstances, including when parties settle their dispute outside the Court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
