Litigants to now get court fee back even in private deals in Delhi
In a significant move, the Delhi Assembly has passed an amendment to the Court Fees Act, 1870, which is set to bring relief to litigants in the city. As per the amendment, a petitioner will now be eligible to receive a full refund of court fees even if disputes are settled outside the court through private deals. This move is expected to benefit litigants in a big way, as they will no longer have to bear the burden of court fees in case of out-of-court settlements.
Currently, the rules regarding court fee refunds are quite strict. Petitioners receive a 100% refund of court fees only when disputes are resolved through court-referred alternative dispute resolution (ADR) mechanisms, such as mediation or arbitration. On the other hand, if a dispute is settled through a private agreement between the parties, the petitioner is only eligible for a 50% refund of the court fees. This meant that litigants had to pay a significant amount of money as court fees, even if they were able to resolve their disputes amicably.
The new amendment seeks to change this scenario. With the amended law, litigants will be able to claim a full refund of court fees, regardless of whether the dispute is resolved through a court-referred ADR or a private settlement. This move is expected to encourage more people to opt for out-of-court settlements, which can be a faster and more cost-effective way of resolving disputes.
The benefits of this amendment are numerous. For one, it will help reduce the financial burden on litigants, who often have to pay hefty court fees in addition to other expenses related to litigation. By allowing for a full refund of court fees, the amendment will help make the litigation process more affordable and accessible to people from all walks of life.
Moreover, the amendment is also expected to reduce the workload of the courts, as more people may opt for out-of-court settlements rather than pursuing lengthy and costly litigation. This, in turn, will help speed up the justice delivery system, allowing courts to focus on more complex and critical cases.
The amendment is also a recognition of the fact that many disputes can be resolved amicably, without the need for court intervention. By incentivizing private settlements, the government is encouraging people to explore alternative dispute resolution mechanisms, which can be more effective and efficient in resolving disputes.
It is worth noting that the amendment is a significant departure from the existing rules, which have been in place for over a century. The Court Fees Act, 1870, has been amended several times over the years, but this particular amendment is a major overhaul of the existing provisions. The fact that the Delhi Assembly has taken the lead in introducing this amendment is a testament to the city’s commitment to making the justice system more accessible and efficient.
In conclusion, the amendment to the Court Fees Act, 1870, is a welcome move that is expected to benefit litigants in Delhi. By allowing for a full refund of court fees in case of private settlements, the government is encouraging people to explore alternative dispute resolution mechanisms and reducing the financial burden on litigants. This move is a significant step towards making the justice system more accessible and efficient, and it is hoped that other states will follow suit in the near future.
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