2014 (6) ABR 827

Bombay High Court

Hon'ble Judge(s): R. M. Borde, V. K. Jadhav , JJ

( A ) Court Fees Act (7 of 1870) S. 16 (as amended in 1999)— Maharashtra Court Fees Act (36 of 1959), S. 43(2) — Civil P. C. (5 of 1908), S. 89 — Settlement of dispute in mediation proceedings as per S. 89 — Refund of court fees — 50% court fees directed to be refunded as per Govt. notification under Maharashtra Court Fees Act (1959) — In view if enactment of Maharashtra Court Fees Act (1959) Court-fees Act (1870) which is pre-constitutional enactment stands repealed so far as State of Maharashtra is concerned — Matters arising in Courts in State of Maharashtra are to be dealt with in accordance with Maharashtra Court Fees Act (1959) — Award in settlement of dispute was not passed by Lok Adalat — Claim for refund of 100% Court fees not acceptable — It would be permissible for the State to issue notification prescribing refund of court fees in exercise of powers conferred under Section 43(2) of Act (1959) — Notification dated 08.05.2013, thus, cannot be said to be ultra vires powers exercisable by State under Maharashtra Court Fees Act (1959). (Paras111416)