Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ajit Kumar,J.
Madhusudan Motors Pvt. ltd. – Appellant
Versus
Additional District Magistrate Civil Supply – Respondent
JUDGMENT :
Ajit Kumar, J.
1. Both these revision applications as well as petition filed under Article 227 of the Constitution of India are being heard and decided by this common judgment with the consent of learned advocates appearing for the respective parties.
2. While the miscellaneous petition filed under Article 227 of the Constitution of India arises out of an order passed by the Additional District Magistrate/Rent Authority, Agra dated 15.1.2024 directing for return of papers and court fees, the revision application arises out of an order passed by the Judge Small Cause deferring the hearing upon miscellaneous application filed by the applicant bearing paper no.22-C/6 as to the maintainability of the suit upon the payment of court-fee stamps, which could not have been utilised once cancelled or consumed by the earlier court while entertaining the suit/case.
3. Mr. Amit Saxena, learned Senior Advocate argued before the court that once the court fees submitted to a court to institute a case without which the case could not have been entertained, such court fees cannot be refunded as it stands consumed by cancelling it and the only remedy available to a litigant is to get a certif
Court fees submitted are not refundable if used but can be returned for re-filing in the appropriate court.
Section 70 of the Act comes into play only when there is no adjudicatory process.
Upon remand, an appellant is not required to pay court fees again, as fees deposited in the appeal are sufficient for the original suit.
The court lacks power to refund court fees if withdrawn appeals do not meet statutory refund conditions under applicable acts.
The court established that litigants have an inherent right to a refund of court fees when their application is disposed of as infructuous, despite the absence of an explicit statutory provision for ....
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.
Court fees should be refunded even when cases settle out of court, promoting private dispute resolution methods, which supports judicial efficiency.
Court fees must be paid for appeals as per the Court Fees Act; its proper valuation is crucial.
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
