VidhiSangh

Supreme Court of India · 19/12/2024

SANJEEVKUMAR HARAKCHAND KANKARIYA versus UNION OF INDIA & ORS.

[2024] 12 S.C.R. 866

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Summary

The Supreme Court held that refund of court fees on settlement of a suit through mediation under Section 89 CPC is governed by Entry 3 of List II (fees taken in courts), not Entry 11A of List III, so Maharashtra's Court Fees Act and the notification under its Section 43(2) allowing only partial refund were not repugnant to the Court Fees Act, 1870. The full refund for Lok Adalat settlements under Section 21 of the Legal Services Authorities Act does not extend to mediation. The appeal failed, though the Court ordered refund to the appellant under Article 142 without creating a precedent.

Issues

  1. Whether refund of court fees on settlement of a suit through an ADR mode under Section 89 CPC falls under 'administration of justice' in Entry 11A of List III, so that Section 16 of the Court Fees Act, 1870 prevails over the Maharashtra Court Fees Act, 1959.
  2. Whether the notification dated 08.05.2013 under Section 43(2) of the Maharashtra Court Fees Act, 1959, providing only partial refund, was invalid for inconsistency with the Central law.
  3. Whether the full refund provided under Section 21 of the Legal Services Authorities Act, 1987 for Lok Adalat settlements must be extended to settlements through mediation.

Provisions considered

Held

Result

Appeal dismissed and the High Court's rejection of the challenge to the notification dated 08.05.2013 upheld; however, under Article 142 and without precedential value, the court fee in issue was directed to be refunded to the appellant.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 866.