Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - For applicability of the provision (a) settlement should be acceptable to both the parties; (b) settlement is brought forth by way of alternative dispute resolution i.e. either arbitration; or conciliation; or through Lok Adalat; or mediation, as the case may be...........
Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - Settlement took place between parties outside Court, during pendency of execution proceedings - Executing Court shall issue a certificate of refund to decree holder to seek full refund of Court fees from Collector...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Compromise - Compromise has been entered into between parties before Mediation and Conciliation Center - Parties are entitled to refund of Court fee...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Settlement - Refund of Court fees is permissible only if the matter is referred to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or meditation for settlement and case is decided in terms of such a settlement and not otherwise...........
Court Fees Act, 1870, Section 16 -- Refund of Court fee - Out of Court settlement - Second appeal was decided in terms of settlement out of Court and not on merits - Settlement in terms of which second appeal was decided by High Court is not on reference to any of authorities/fora i.e arbitration, conciliation, judicial settlement including through Lok Adalat or mediation..........
Court Fees Act, 1870, Section 16 -- Bona fide mistake in purchase of Court fee instead of non judicial stamp paper - Refund - Court fee purchased remained unused and may not be required by petitioner in near future - Petitioner allowed to return unused Court fees and obtain refund of money thereof...........
Civil Procedure Code, 1908, Section 89, Court Fees Act, 1870, Section 16 -- Refund of Court fee - Compromise - Compromise has been entered into between parties before Mediation and Conciliation Centre - Applicant is entitled to refund of Court fee...........
Court Fees Act, 1870, Section 16, Legal Services Authorities Act, 1987, Section 21 -- Refund of Court fee - Legislative intention is that Court fees is to be refunded, when parties adopt one or the other mode of settlement of dispute, as referred in S.89 CPC or when an award is passed in the Lok Adalat...........
Court Fees Act, 1870, Section 16, Legal Services Authorities Act, 1987, Section 21 -- Refund of Court fee - Parties never adopted either of mode of settlement as referred in S.89 CPC - Even, no award was passed by Lok Adalat - Merely because after execution of sale deed pursuant to judgment and decree of Court, statement was made by DH that matter had been compromised, he..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement - Civil suit dismissed on an application filed U.O.23.R.1 CPC, as plaintiff does not want to continue the proceedings - Parties have entered into an outside Court settlement and does not want indulgence from Court for outside Court settlement - In such..........
