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Section 15: Refund of fee paid on memorandum of appeal.

The Maharashtra Court-fees ActState Act of Maharashtra · Act 36 of 1959

If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure 1908 (V of 1908), is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in rule 23 of Order XLI in the first Schedule to the same Code for a second decision by the lower Court, the Appellate court shall grant to the appellant a certificate, authorising him to receive back [from the Collector or by way of e-payment, in the manner as prescribed by rules] the full amount of fee paid on the memorandum of appeal :

Provided that if, in the case of remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorise the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.

Where this provision sits

ActThe Maharashtra Court-fees Act
Section15
Marginal noteRefund of fee paid on memorandum of appeal.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Mah. 25 of 2011. These words were substituted for the words "from the Collector" by Mah. 25 of 2011, s. 2.

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