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High Court of Karnataka Allows Refund of Court Fee in Suit for Annulment of Compromise Decree. Court Fee Refund Granted Under Section 66(2)(a) of Karnataka Court Fee and Suits Valuation Act, 1958 When Compromise Decree Is Set Aside.

The petitioners, L. Dayananda Reddy and Gayathri D., filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challengi...

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Bombay High Court Directs Refund of Court Fees in Motor Accident Claims Settled Through Lok Adalat or Mediation Under Section 89 CPC. Fees paid under Rule 278(i) of Motor Vehicles Rules, 1991 are refundable under Section 16 of Court Fees Act, 1870 read with Section 21 of Legal Services Act, 1987.

The Bombay High Court at Goa took suo motu cognizance of a submission by the Registrar (Judicial) & Member Secretary of the Goa State Legal Services A...

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Madras High Court Dismisses Appeal as Settled Out of Court Following Mediation — Parties Enter Joint Memorandum of Compromise and Addendum, Appeal Dismissed as Settled.

The appeal was filed by M/s. Bharat Heavy Electricals Ltd against M/s. Delkon (India) Pvt Ltd and the Sole Arbitrator, challenging an order dated 22.0...

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Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...

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Bombay High Court Dismisses Petition Seeking Refund of Court Fees in Suit Settled Through Mediation Under Section 89 CPC. Court Holds That Section 16 of the Court Fees Act, 1870 Does Not Mandate Refund Upon Settlement Through Alternative Dispute Resolution.

The petitioner, Sanjeevkumar Harakchand Kankariya, entered into an agreement to sell immovable property with respondents No.3 and 4. When the agreemen...

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High Court of Bombay at Nagpur Examines Executability of Compromise Decree in Eviction Suit under Maharashtra Rent Control Act. The court considers whether a compromise that does not refer to specific eviction grounds creates a fresh tenancy requiring new proceedings.

The respondent-landlord filed a suit against the petitioner-tenants seeking eviction under Section 16(1)(e)(ii) and (g) of the Maharashtra Rent Contro...

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Bombay High Court Allows Appeal Against Compromise Decree in Lok Adalat Settlement — Minor's Interest Not Protected. Failure to Appoint Guardian Ad Litem for Minor Defendant Renders Compromise Decree Voidable Under Order 32 Rule 7 CPC.

The Letters Patent Appeal was filed by Mangesh, a minor, through his next friend Ambika Manik Mane, challenging the decision of a learned Single Judge...

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Bombay High Court Allows Compounding Application in FEMA Case, Directs RBI to Consider on Merits. RBI's Refusal to Compound Contraventions on Ground of Sensitive Nature Requiring Investigation Set Aside as Unreasoned.

The petitioner, M/s. Brentfield Travels Co. Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated...

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Bombay High Court Allows Refund of Court Fees in Suit Settled by Consent Terms. The phrase 'claim for repayment' in Section 43(1) proviso of Maharashtra Court Fees Act, 1959 refers to the application to the court for refund order, not the subsequent certificate application.

The suit was filed in 2014 by Bai Mamubai Bhimji Bhanji Trust and others against Neelkanth Mansions & Infrastructure Pvt Ltd. On 28 October 2014, the ...