Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mukesh ( )     07 December 2009

plzzz help

Sirs,

in a civil case of dishonur of cheque Mr.A (plantiff) has paid  stampduty to court at the time of filing the case.

Now if he withdraws the case because it has been settled out of court by arbitration.

so will he get back the stampduty amount in full or half ?

and it will be refunded in his name or in name of lawyer ?

bcz in this case lawyer is asking 10%of settlement amount for settling the matter by mutual understanding.

please guide me through the procedures of Civil law.



Learning

 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 December 2009

In the criminal complaint filed under section 138 NI Act, no stamp duty is payable so no question arises return of half or full or in whose name etc. etc.

 

Be sure whether any criminal complaint or any civil suit for recovery on the basis of bounced cheque was filed.

 

Which case you filed and what stamp duty was paid and what was the amount of the cheque and in which State was filed??????????

 

Tell here clearly so that accurate reply (there may have been any fraud with you in the name of stamp duty also) may be given.

Mukesh ( )     07 December 2009

Thanks for the reply sir

The case is filed in Tamil Nadu.

both civil and criminal cases were filed.

civil case was filed so as to get attachment of property.

10% of the civil case amount was also paid as court fees via stamp papers.

which is refundable if the case is withdrawn.

please help me out in this regard.


(Guest)

I Maharashtra 2/3rd of the Court fee is refundable if there was out of court settlement before framing of issues.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     07 December 2009

Yes Mr. Mukesh.

Civil case for recovery of money on the basis of dishon'red cheque was filed. Then the Court fee payable was 7 1/2% (Seven and Half percent) of claim amount. 

You said you are going to withdraw the case as the dispute is settled out of court.

Full court fee is not refundable. Refund of half of the court fee paid is allowed before any evidence is recordedon the merits of the claim, i.e if you withdraws the suit before trial.

Half of the Court Fee will be refunded by way of cheque drawn either in the name of the party or in name of lawyer, as instructed by the plaintiff ?

1 Like

Daksh (Student)     08 December 2009


Dear Mukesh,

From your mail it is evident that the matter you are referring to is pertains to the Recovery Suit u/Order XXXVII of Civil Procedure Code and yes you may through your counsel move appropriate application before Court seeking withdrawal of the Court fee so deposited as per the High Court Rules. 

Daksh

Mukesh ( )     08 December 2009

Thanks everybody for there precious comments.

is there any procedure where I can change my lawyer before I proceed.

Kindly advise the same.

 

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     08 December 2009

You have to get consent from your lawyer and obtain change of vakalat from him. Before that settle the legitimate dues to him.

If your lawyer refuses to give change of vakalat, you have to file petition before the concerned court for revocation of vakalat.

Whether your suit is pending before High court or City Civil Court?


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