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december 2024

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.

Sanjeevkumar Harakchand Kankariya vs Union Of India · Niyam