Section 73 of The Presidency Small Cause Courts Act, 1882 in hindi — Repayment of half-fees on settlement before hearing

Bare section text

Official Legislative Text

Whenever any such suit or proceeding is settled by agreement of the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the Small Cause Court to the parties by whom the same have been respectively paid.

Educational Study Layer

Summary

Provides a financial refund to encourage parties to resolve their disputes early.
Entitles parties to a refund of exactly half of all court fees paid up to the point of settlement.
Restricts this refund benefit to suits or proceedings that are settled by agreement before the official hearing begins.
Mandates the Small Cause Court to repay the half-fees directly to the parties who originally paid them.

Practical examples

1Raj pays 80 rupees in court fees to sue Vikram for unpaid rent. Before their first court hearing starts, Vikram agrees to settle the debt privately, and they file their settlement. Raj can ask the court to refund him 40 rupees, which is exactly half of his paid fees.

2Sonia files an application under Chapter VII of the Act to recover her shop from her tenant, paying process and court fees. If the tenant agrees to vacate before the court hears the case, Sonia gets a refund of half of her process and institution fees.

FAQ

1. How much of the court fees can be refunded under Section 73 of The Presidency Small Cause Courts Act, 1882 if a case is settled?

Under Section 73 of The Presidency Small Cause Courts Act, 1882, exactly half of all court fees paid up to the time of settlement shall be repaid.

2. What is the crucial condition for getting a fee refund under Section 73 of The Presidency Small Cause Courts Act, 1882?

Under Section 73 of The Presidency Small Cause Courts Act, 1882, the suit or proceeding must be settled by agreement of the parties before the hearing.

3. To whom is the fee refund paid under Section 73 of The Presidency Small Cause Courts Act, 1882?

Under Section 73 of The Presidency Small Cause Courts Act, 1882, the refund is paid by the court to the parties who originally paid those fees.

Practice Quiz

Q1.Under Section 73 of The Presidency Small Cause Courts Act, 1882, what fraction of the paid fees is repaid if a case is settled before the hearing?

Q2.Under Section 73 of The Presidency Small Cause Courts Act, 1882, what event cut-off prevents the refund of the fees?

Q3.Under Section 73 of The Presidency Small Cause Courts Act, 1882, how must the suit or proceeding be resolved to claim the refund?

Q4.Under Section 73 of The Presidency Small Cause Courts Act, 1882, who is entitled to receive the refunded fees from the Small Cause Court?

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