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CHAPTER II COMPUTATION OF FEES

Section 17: Refund where Court reverses or modifies its former decision on ground of mislake

The Gujarat Court-fees Act, 2004

How current this text is

Text as published by India Code for the Government of Gujarat (Legislative and Parliamentary Affairs Department print, as modified up to 31 January 2024), with amendments up to Guj. 14 of 2016.

The marginal notes printed beside the clauses of section 6 and beside the second paragraph of section 34 are shown as small headings above the clause they label.

1[(1)] Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorising him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under clause (c) or (f) of Article 1 of the Second Schedule annexed to this Act.

But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.

2[(2) The Collector shall refund such fees as provided under sub-section (1), in money which may also be made by e-payment.]

Footnotes in the official text

  1. 1.This section was renumbered as sub-section (1), ibid., s.4.
  2. 2.Sub-section (2) was added, by Guj. 10 of 2015, s.4.

Questions on this section

1 question in 1 of our papers cite Section 17. Try these from the free papers:

  1. 1. Assertion (A): Under Section 17 of the Gujarat Court-fees Act, 2004, where an application for review of judgment is admitted and on rehearing the Court reverses its former decision on the ground of a mistake in law, the applicant is entitled to a certificate for refund of part of the fee paid on the application. Reason (R): Such a refund is available even where the reversal is due wholly to fresh evidence which might have been produced at the original hearing.

Practise questions on Gujarat Local Laws