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 national capital. As per the new 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 development is expected to benefit litigants in a big way, as they will no longer have to bear the burden of court fees in cases where disputes are resolved amicably.
Currently, the rules regarding court fee refunds are quite stringent. Petitioners are entitled to a 100% refund of court fees only when disputes are resolved through court-referred alternative dispute resolution (ADR) mechanisms, such as mediation or arbitration. However, in cases where disputes are settled privately, without the involvement of the court, petitioners are only eligible for a 50% refund of the court fees paid. This has often been a point of contention, as litigants felt that they were being penalized for resolving their disputes amicably, without the need for a lengthy and costly court battle.
The new amendment seeks to address this anomaly and provide relief to litigants who opt for private settlements. By allowing a full refund of court fees in such cases, the Delhi government aims to encourage more people to explore alternative dispute resolution mechanisms, rather than resorting to lengthy and expensive court battles. This move is expected to reduce the burden on the courts, as well as the financial burden on litigants, who often have to spend large sums of money on court fees, lawyer’s fees, and other expenses.
The amendment is also expected to promote a culture of settlement and compromise, rather than litigation. By providing a financial incentive for litigants to resolve their disputes amicably, the government hopes to reduce the number of cases that end up in court. This, in turn, is expected to lead to a reduction in the backlog of cases, as well as a decrease in the time taken to resolve disputes. As a result, the justice delivery system is expected to become more efficient and effective, with litigants being able to access justice in a quicker and more cost-effective manner.
The move has been welcomed by legal experts and litigants alike, who see it as a positive step towards promoting alternative dispute resolution mechanisms. “This is a very positive development, as it will encourage more people to explore private settlements, rather than resorting to court battles,” said a senior lawyer, who wished to remain anonymous. “By providing a full refund of court fees, the government is sending a clear signal that it is committed to promoting a culture of settlement and compromise, rather than litigation.”
The amendment is also expected to benefit small and medium-sized enterprises, as well as individuals, who often have to spend large sums of money on court fees and other expenses. “This move will be a big relief for small businesses and individuals, who often struggle to pay court fees and other expenses,” said a spokesperson for a trade association. “By providing a full refund of court fees, the government is helping to level the playing field and promote a more equitable justice system.”
In conclusion, the amendment to the Court Fees Act, 1870, is a significant development that is expected to benefit litigants in Delhi. By providing a full refund of court fees in cases where disputes are settled privately, the government is promoting a culture of settlement and compromise, rather than litigation. This move is expected to reduce the burden on the courts, as well as the financial burden on litigants, and promote a more efficient and effective justice delivery system.
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