The Courtfees (Delhi Amendment) Act, 2010 Complete Act - Bare Act

PREAMBLE

An Act further to amend the Court-Fees Act, 1870 (7 of 1870) in its application to the National Capital Territory of Delhi.

BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi, in the Sixty-first year of the republic of India follows:--

Section 1 - Short title extent and commencement

(1) This Act may be called the Court-Fees (Delhi Amendment) Act, 2010.

(2) It extends to the whole of the National Capital Territory of Delhi.

(3) It shall come into force on such date as the Lieutenant Governor of the National Capital Territory of Delhi may, by notification in the Delhi Gazette, appoint.

Section 2 - Insertion of new section 16A

In the Court-Fees Act, 1870 (7 of 1870), in its application to the National Capital Territory of Delhi, after section 16, the following section shall be inserted, namely:--

"16. Refund of fees on settlement before hearing--whenever by agreement of parties--

(i) any suit is dismissed as settled out of Court before any evidence has been recorded on the merits of the claim; or

(ii) any suit is compromised ending in a compromise decree before any; evidence has been recorded on the merits of the claim; or

(iii) any appeal is disposed of before the commencement of hearing of such appeal;

half the amount of all fees paid in respect of the claim or claims in the suit or appeal shall be ordered by the court to be refunded to the parties by whom the same have been respectively paid.

Explanation.-- The expression "merits of the claim" refers to matters which arise for determination in the suit not being matters relating to the frame of the suit, mis-joinder of parties and cause of action, the jurisdiction of the Court to entertain or try the suit or the fee payable, but includes matters arising on pleas of rejudicata limitation and the like".