Court fee refund
Anamika
(Querist) 01 November 2011
This query is : Resolved
Please throw light on the following questions:
In Mumbai -
1. Can we withdraw plaint from the Court??? and at what stage ???
2. If yes, can we claim a court fee refund of such withdrawal ??
3. What is the maximum amount of refund that can be seeked ????
If anyone could provide me the link or the source of such information I would be grateful.
Thanx,
Anamika.
Advocate Rajkumarlaxman
(Expert) 01 November 2011
it all depends upon the type of matter, stage of matter and will vary from case to case and fcats to facts. put the exact case which you have for refund we can guide you
ajay sethi
(Expert) 01 November 2011
what is the stage of your suit proceedings . have issues been framed?
has evidence being led?
Sankaranarayanan
(Expert) 01 November 2011
yes without knowing the facts of case how here to give suggestion , so give more details about it.
As common it is simple that it depends upon the stage of case and volume is vary from case to case
Shonee Kapoor
(Expert) 01 November 2011
This would depend on the facts, you need to provide the same for us to reply.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 01 November 2011
Your attention is drawn towards order 23 of the CPC for looking into provisions allowing withdrawals,which you may look into on your self as you have not stated facts.
Accordingly conditions in which refund of court fees could be possible would be found laid in court fees Act it self.
So not only you are found lazy to look into these provisions for yourself but you are such lazy that even having desire to help you no body of us could give you any definite answer.
One more help i am advancing as even if you here after revert with facts i shall not be cooking free lunch for you.As i want you cook your lunch ,i am sending you all stuff
required for.you might be thinking but where is the help but??BELOW IS THAT:
AIR 1958 P H 38;AIR 1955 Punj 165 ;AIR 1956 Punj 215);AIR 1933 Lah 135.
a still short cut then:
http://www.indiankanoon.org/doc/13119/
Anamika
(Querist) 02 November 2011
Thanx to all the experts for your valuable opinions and special thanx to Mr.Prabhakar Singh.
I just want to make a mention that I am absolutely a novice in the field of practising law as its been only a week that I have joined my Senior and hence am not very accustomed to the terminology and the facts of the case as yet.
Since I was asked to find out about the court fee refund by my senior I thought of putting up the question on this portal. Hence please excuse me for not providing the details. However would keep in mind the advice given by all of u in my next query.
Thanks a lot.
Regards,
Anamika.
Anamika
(Querist) 05 November 2011
Hi All,
the case details are that
Say to injunction application is filed. However no written statement is filed.
Now the plaint is withdrawn for want of jurisdiction.
What would be the court fee refund ??
Anamika
Anamika
(Querist) 05 November 2011
The plaint is dismissed...........
prabhakar singh
(Expert) 05 November 2011
To say that a plaint is withdrawn and to sday that plaint is dismissed are two things in law.
please confirm?????????????
Anamika
(Querist) 07 November 2011
The plaint is dismissed for want of jurisdiction
prabhakar singh
(Expert) 07 November 2011
You are advised to study section 13 of the Court fees Act of your state.
