Report No. 128

Refund/Remission of Court Fee

30. The Scheme of refund of court fee on cases which are compromised between the parties outside the court may be as under:-

Compromise cases		Extent of refund of fee recommended
(a)	(i) Before framing of issues	50%
	(ii) Before recording of evidence	25%
	(iii) At any other stage of pendency	25%
(b)	If the compromise is reached at stage of appeal	50%

(Para. 36.4)

31. State Governments may examine other types of cases in respect of which refund is allowed in some stages and consider whether similar concessions can be given in their respective States, if not already given.

(Para. 36.5)

32. All State Governments/Union Territory Administrations may undertake a review of lists of remissions in court fee issued from time to time and enlarge them, if considered justified. Lists of remissions notified by other States may be of help in this regard. These lists may be obtained/compiled and circulated to all States/Union Territories by the Department of Justice in the Ministry of Law, Justice and Company Affairs.

(Para. 37.2)

Writ Petitions

33. The rate of court fee on writ petitions under Article 226 of the Constitution may be as under:

(i)	Habeas Corpus:	No fee
(ii)	Fundamental Rights:	Rs. 100
(iii)	Tax Matters:	Rs. 500
(iv)	Miscellaneous Matters:	Rs. 250

(Para. 39.4)