Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Legal Benefit Fund Payment in Appeal - The legal benefit fund is primarily constituted through additional court fees, which are considered akin to court fees rather than separate funds. Refunds of these fees are generally not granted because the amount is levied as a mode of collection, and its nature is that of a court fee. The fund's collection and credit are governed by specific statutory provisions, notably Sub-Section (2) of Section 76, and a portion of the collected amount is allocated to other welfare funds such as the Kerala Advocates' Clerks Welfare Fund. 2024 0 Supreme(Ker) 55
Availability of Legal Benefit Fund for Payment - There is no explicit provision allowing the legal benefit fund to be directly paid out or used for other purposes such as paying beneficiaries or heirs. The fund's purpose is mainly to support legal welfare initiatives, and amounts collected are not generally available for execution or distribution to individuals, especially in cases of death or retirement benefits. 2024 0 Supreme(Ker) 55, 2025 Supreme(Online)(Ker) 57055
Court Decisions on Legal Benefit Fund in Appeals - Courts have clarified that the legal benefit fund, collected as additional court fees, is not refundable and not available to satisfy claims or debts in individual cases. When disputes involve the fund, the courts have maintained that the fund is for statutory welfare purposes and not for direct disbursement to claimants or beneficiaries. 2024 0 Supreme(Ker) 55,
RAJADURAI et al. v. FONSEKA
, 2025 Supreme(Online)(Ker) 57055Summary - The main insight is that the legal benefit fund, collected as an additional court fee, is not intended for or available as a payable benefit in appeals or individual claims. Its collection is for statutory welfare purposes, and refunds are generally not granted, reaffirming that it is not paid out to appellants or beneficiaries in legal proceedings.
Analysis and Conclusion: Based on the sources, the legal benefit fund is considered an additional court fee rather than a refundable or disbursable fund. It is not paid or payable to individuals or beneficiaries in appeal cases. Instead, it is allocated for welfare purposes under statutory provisions, and courts have consistently held that it cannot be directly paid in appeal or execution proceedings.
Filing an appeal can be a daunting process for litigants in Kerala, especially when navigating and additional levies like the . Many wonder: Whether to be Paid in Appeal? This question arises frequently under the , particularly Section 76. In this post, we break down the legal framework, court interpretations, and practical implications to help you understand your obligations—or lack thereof—when challenging a on appeal.
Note: This article provides general information based on statutory provisions and case law. It is not legal advice. Consult a qualified lawyer for your specific situation.
The is an mechanism designed to support welfare initiatives for the legal community, such as advocates' clerks welfare. Governed primarily by , it allows the government to levy this fee on certain proceedings. However, its applicability is strictly limited.
Key point: This fund is not a benefit payable to litigants but a fee collected from them for statutory purposes. Importantly, courts have clarified that it does not extend to appeals. 2019 0 Supreme(Ker) 1099
Section 76 empowers the government to impose an :
However, the liability arises only at the institution of the in a civil court. 2019 0 Supreme(Ker) 1099 As one court interpretation notes: A litigant incurs liability to pay the prescribed under Section 76 when a case is instituted for the first time before a civil court. This liability is limited to the time of the institution of the suit. 2019 0 Supreme(Ker) 1099
This distinction prevents for litigants, ensuring fees are not repeatedly levied at every stage.
Judicial precedents reinforce that the obligation ends with the original filing:
Courts view this fund as akin to —non-refundable and allocated for welfare, not individual payouts. For instance, a portion credits the under . 2024 0 Supreme(Ker) 55
Further clarity comes from broader discussions on fund utilization:
In appeals, this means no demand for payment, and no expectation of disbursement from the fund. Courts have dismissed claims treating it as a payable benefit.
RAJADURAI et al. v. FONSEKA
When preparing an appeal:
From government orders: Every appeal or revision filed on or after ... in the form of is payable at the rates prescribed under the Government Orders. But this is contextual and does not override appeal exemptions for civil decrees. 2011 0 Supreme(Ker) 943
The draws from:- Additional on specified proceedings. 2016 0 Supreme(Ker) 928- Government grants and other allocations, like from Karnataka's analogous Act (for comparative insight). 2024 0 Supreme(Kar) 434- Annual contributions in advance for certain schemes.
- Federal Court Putrajaya
Deposits follow specific heads: The amount to be credited to the shall be drawn from the head of account 2014-800-06 . 2016 0 Supreme(SC) 758
This structure ensures sustainability for legal welfare, without burdening appellate stages.
Under Kerala law, no additional payment is required for appeals. The duty under Section 76 is confined to the , sparing litigants further levies in first or second appeals. Courts consistently uphold this, viewing the fund as non-refundable welfare support rather than a disbursable benefit. 2019 0 Supreme(Ker) 1099 2024 0 Supreme(Ker) 55
Key Takeaways:- Pay only at suit institution; appeals are exempt.- Reference Section 76 and cases like 2019 0 Supreme(Ker) 1099 in filings.- Fund not payable to individuals—strictly for statutory purposes.- Always check notifications for rate changes. 2005 0 Supreme(Ker) 817
For personalized guidance, reach out to a Kerala-based advocate. Stay informed, file confidently, and avoid unnecessary fees in your appellate journey.
the purpose for which legal benefit fund is constituted. ... It was pointed out that the court fee has been refunded; however, the amount paid towards the legal benefit fund has not been refunded, for the reason that the said amount is not a court fee, that it is levied as an additional court fee only as a mode of collecting the fund and that refund wi....
For these reasons I do not think the money paid or payable from this fund to the widow and children is available to the respondent. The appeal is allowed with costs. The judgment of the District Court is set aside and judgment will be entered for the defendants with costs. ... Appeal allowed. ... The defendants admitted the debt and the only question was whether a certain fund#HL_EN....
Thus, no amount can be collected towards Legal Benefit Fund ad valorem. The amount payable towards Legal Benefit Fund would be Rs.100/-. The issue in W.P. ... Benefit Fund (additional court fee) for the amount in dispute in respect of Revision Petition No.118 of 2023, the revision petition must be rejected. ... Learned counsel appearing for the petitio....
But he cannot have the benefit of both. Nothing beyond that should be read into the statement. ... In that way compensation will be paid out of the insurance scheme and not from the Compensation Fund, thus saving the Fund from depletion. ... Contribution to be paid annually in advance Contribution to the Compensation Fund for the succeeding year shall be paid annually i....
association or institution, any advocate or any other person; (d) any grant made by the State Government to the Fund; (e) the amounts set apart from the Legal Benefit Fund constituted under section 76A of the Karnataka Court Fees and Suits Valuation Act, 1958 ... Once having surrendered his sanad he cannot practice as an Advocate, more so, in the light of the fact that he has taken the benefit under the W....
, who had denied him the pensionary benefit for certain period and therefore, are liable to pay the interest on the amount which the Petitioner had paid belatedly on the Order of the Regional Fund Commissioner. ... Now coming to the main question whether the complainant is entitled to receive any interest from the date the scheme was made applicable to him. ... Further the entire amount due has already been paid#....
At the outset, we have no hesitation in holding that there is no merit in the instant appeal filed by the appellant/petitioner. ... It is stated that his online provident fund account status did not reveal whether his provident account was inoperative or closed on any date so much so that interest for the financial year 2017- 18 was also not updated until November, 2018, and therefore, he was unaware if interest after November, 2017 ... lia....
—In this sub-section and in Section 17, ‘insurance fund’ means any fund established by an employer under any scheme for providing benefits in the nature of life insurance to employees, whether linked to their deposits in provident fund or not, without payment by the employees of any separate contribution ... An issue also arises regarding whether the Resolution Plan contravenes Section 36(4)(iii) of the C....
This establishment paid EPF contribution for the period from April 2008 to April 2013 belatedly. ... According to him, this 50% as directed by the appellate authority is also paid by the respondent establishment. ... Therefore, the Legal Services Authority of this Bench is directed to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand) to the learned Legal Aid Counsel. ... 2.The said appeal was preferred ....
For that reason also, it is not just or legal to relegate the appellants to another appeal before the EPF Appellate Tribunal. 14. ... The interest that was found due on account of the delayed remittance of the provident fund contribution and other remittances, under Section 7Q of the Act was already paid. Of course, that was in terms of the direction of this Court as per the judgment in W.P.(C) No. 871 of 2005. ... Against....
(ii) fifty per cent of the court-fees levied and collected on mukhtarnama or vakalathnama under Article 16 of Schedule II of this Act. (i) the proceeds of the additional court-fee levied and collected under sub-section (1). (2) There shall be constituted a legal benefit fund to which shall be credited: The term “amount involved in the dispute” as specified in sub-section (1), where it is capable of valuation, does not include the amount of valuation for the purpose of court f....
Explanation.--The term 'amount involved in the dispute' as specified in sub-section (1), where it is capable of valuation, does not include the amount of valuation for the purpose of court fee, in suits for recovery of possession, partition and suits of similar nature and where fixed court fee is specified under this Act. (ii) fifty per cent of the Court-fees levied and collected on mukhtarnama or vakalatnama under Article 16 of Schedule II of this Act. (2) There shall be constituted....
Rule 3 thereof enumerates the sources of monies to the said Fund and reads as under:-“3. Government may make available in the first instance for deposit in the Fund such amount as it may deem necessary for the initial working of the Fund. Depositing of certain monies to the Fund. – (1) The amount to be credited to the Legal Benefit Fund shall be drawn from the head of account 2014-800-06 Legal Benefit Fund – Contributions by the Secretary, Board of Revenue (L/R) and may be made avail....
Legal Benefit Fund:- (1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be competent for the Government to levy an additional Court-fee, by notification in the Gazette, in respect of original petitions, original applications, appeals or revisions to tribunals or appellate authorities and original suits in civil court at a rate not exceeding one per cent of the amount involved in the dispute in cases where it is capable of valuation and in ....
So much so, going by the orders of the Government and the operative provisions of the statute, we feel every appeal or revision filed on or after 5.4.2002 irrespective of the assessment year to which it relates, Legal Benefit Fund in the form of additional court fee is payable at the rates prescribed under the Government Orders. However, we notice that in the judgment of the Supreme Court cited above and relied on by the learned Single Judge which is in State of Bombay v. Sup....
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