Lawstreet Journal

Court Fees When Remains Unutilized Shall be Refunded Without Insisting for Court Orders: Delhi High Court [READ ORDER]

Lawstreet Journal 18 Dec 2020 12:25am

Image courtesy: Lawstreet Journal Judiciary Court Fees When Remains Unutilized Shall be Refunded Without Insisting for Court Orders: Delhi High Court [READ ORDER]

The Delhi High Court in a recent petition was of the view that while making the payment of court fees, stamp is the accepted mode of payment and the process gets completed only when the document is filed. 

Mere purchase of payment does not mean conclusion of the payment process. The Court also held that the prerequisite condition of submitting the Court order for refund must be done away with and the refund must be initiated on the satisfaction of the fund being unutilized. 7,45,000 arguing that he is entitled for a refund because the case was never file, therefore, in such cases the fees remains unutilized.

The Single Judge held that a reading of the above provisions would clearly indicate that the stamp is the mode of payment of court fees at the time of filing of the document. The incident of payment of such fees is the filing of the document and not the purchase thereof decided by the Supreme Court and Delhi High Court judgments in Aya Singh Tirlok Singh vs. of NCT of Delhi & Anr where the Courts held that the State cannot retain money without authority of law.

The Court directed the State to initiate the refund of court fees which remained unutilized in the event of non filing of the suit.

 

[READ ORDER]

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Tagged: Delhi High Court  
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