Sanjeevkumar Harakchand Kankariya Vs Union Of India 2024 INSC 1004 - 7th Schedule Constitution -Court Free - ADRs

Constitution of India - Seventh Schedule - Entry 11A List III cannot govern the refund of court fees when a matter is settled by methods of alternate dispute resolution, in the face of Entry 3 List II simply by the use of the words “administration of justice” in the former. (Para 21)

Legal Services Authorities Act, 1987 - Section 21; Court Fees Act, 1870 – Section 16- Reference to CFA, 1870 in respect of refund of court fees when the matter is settled by way of an Award of Lok Adalat does not mean that the same shall be extended to the settlement of dispute by mediation for the simple reason that Lok Adalat and mediation are two distinct methods and cannot be equated. (Para 21)

ADR Mechanisms -The settlement of a dispute outside court is a cause for celebration in as much as it translates to early resolution of the dispute inter se the parties and it means also, that there is one less file to add on to already overflowing record rooms of the concerned civil courts. It also cannot be gainsaid that all efforts should be made to encourage the adoption of ADR mechanisms. (Para 14.3)

Constitution of India - Article 254 - Laws made by the Centre would necessarily prevail over the State made laws, should there be any inconsistency between the two, and the laws made by the latter shall be unconstitutional to the extent that they are inconsistent with the Central laws, by virtue of the Doctrine of Repugnancy. (Para 11)

Summary: In this appeal, main issue revolves around the refund of court fees in Maharashtra, where the appellant sought a full refund following mediation that resolved his civil suit. The appellant contested a notification limiting refunds to 50% and argued that the refund should be 100% as per the Court Fees Act, 1870. The Maharashtra Court Fees Act, 1959, however, governed the refund policy, leading to the appeal. The Supreme Court dismissed the appeal, affirming the High Court's decision, and noted the differences between Lok Adalat settlements and other ADR methods.