Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Surinder Pal Singla – Appellant
Versus
Manju Gupta – Respondent
| Table of Content |
|---|
| 1. petitioner's request for court fee refund denied. (Para 1) |
| 2. reference to previous case law for court fee refund argument. (Para 3) |
| 3. court finds no merit in petition based on execution facts. (Para 4 , 5) |
| 4. legal provisions for court fee refund analyzed. (Para 6 , 7 , 8 , 9 , 10) |
| 5. no settlement took place; court fee refund not warranted. (Para 11 , 12) |
| 6. petition dismissed for lack of merit. (Para 13) |
JUDGMENT :
DEEPAK GUPTA, J.
1. Petitioner is aggrieved by the order dated 29.05.2024 (Annexure P4), whereby prayer for return of court fee has been declined by ld. Executing Court.
2.1 Suit for possession by way of specific performance of contract, filed by plaintiff-Sanjay Madan along with Surinder Pal Singla (now petitioner), was decreed vide judgment and decree dated 28.04.2022. Defendant (now respondent No.1) was directed to execute the sale deed of the suit property in favour of the petitioner after receiving the balance sale consideration within a period of one month. Petitioner was given liberty to seek the remedy before the Court for getting the sale deed executed, in case defendant-respondent refused to do so.
2.2. For implementation of the judgment and decre
Refund of court fees is only warranted where a formal compromise or settlement occurs, not based on post-execution statements lacking actual settlement.
The legislative intent of Section 16 of the Court Fees Act is to provide an incentive for parties to resolve disputes amicably and obtain a full refund of court fee, irrespective of the stage of the ....
Full court fee is refundable upon settlement at Lok Adalat, as per Sections 16 and 21 of relevant Acts.
The judgment emphasizes the requirements for refund of court fees under Section 16 of the Court Fees Act, 1870, and highlights the legislative intent for settlement of cases by alternative dispute re....
The main legal point established in the judgment is that court fee can be refunded to the parties where a compromise/settlement has taken place even outside the Court, in line with the intention behi....
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
