Supreme Court of India · 2024-12-19
Sanjeevkumar Harakchand Kankariya vs Union Of India
- Citation / case number
- 2024 INSC 1004
- Court
- Supreme Court of India
- Petitioner
- Sanjeevkumar Harakchand Kankariya
- Respondent
- Union Of India
- Author
- Sanjay Karol
- Bench
- Sanjay Karol, C.T. Ravikumar
Judgment text excerpt
The Supreme Court addressed the issue of court fee refunds under the Court Fees Act, 1870, and the Bombay Court Fees Act, 1959, holding that the latter supersedes the former in Maharashtra. The Court emphasized that Section 21 of the Legal Services Authorities Act, 1987 mandates full refund of court fees when disputes are settled through Lok Adalat, but this does not extend to court settlements under Section 89 CPC. The Court upheld the High Court's decision to allow only a 50% refund, affirming the applicability of the BCFA, 1959, and recommending legislative amendment for clarity on refunds in mediated settlements.