Allahabad HC Directs Refund of Court Fees if Case Is Remanded

Allahabad HC Directs Refund of Court Fees if Case Is Remanded

  • Case Name: Chandra Prakash Mishra And 3 Others vs. State Of U. P.
  • Judge(s): Justice Kshitij Shailendra
  • Advocate(s): Manoj Kumar Singh & ors

The Allahabad High Court ruled that appellate courts must refund court fees when a case is remanded to the original court.

The decision arose from an appeal where the trial court rejected a plaint due to insufficient court fees. The appellate court found this decision unjust, leading to the remand.

This ruling arises from the interpretation of Section 13 of the Court Fees Act.

Following this ruling, appellate courts are required to process refunds of the full court fees to appellants when their cases are remanded, promoting fairness in the legal system.

Verdictum / 8 months ago

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