# Henceforth, strict compliance of the new provisions of sub para (2) of paragraph

- **Citation:** C.L. No. 67/VIII-b-105
- **Court:** Allahabad High Court
- **Decided:** 1995-02-08
- **Case number:** C.L. No. 67/VIII-b-105
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/henceforth-strict-compliance-of-the-new-provisions-of-sub-para-2-of-paragraph-162687
- **Pages:** 2

## Text

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Henceforth, strict compliance of the new provisions of sub para (2) of paragraph
352 of the Financial Hand Book, Volume V, Part I, should be made by all concerned
with regard to the refund of lapse deposits to the rightful claimants and no unnecessary
delay or harassment is caused to them in this behalf.
(h)
Prevention of double or excess repayments
G.L. No. 1951-19-C-1(b) dated 15th May, 1915
The following suggestions regarding the maintenance of From No. 43 Register of Petty
Receipts and Repayments may be of use to District Judges in the event of any difficulty
being experienced by them in the matter of excess repayments:

Columns 1 to 8 relate to receipts and columns 11 to 17 relate to repayments while
column 9 and 10 serve as an index of repayments and a check to double repayments.
Munsarims in checking the items on the receipt side with the tenders should write their
initials below the total and at the time of checking repayment items on the register should
sign column 10 against the corresponding items on the receipt side, and should see
carefully that each item, shown on the repayment side, has been properly written off on
the receipt side and that the amount repaid does not exceed the actual credit or the
available balance. If these instructions are carefully observed excess payments will not
occur in future.

Double payments are of frequent occurrence in judgeships and cause great
confusion. The failure of the Munsarims to check column 9 is partly due to the mistake
committed by Munsarims in signing column 10 at the time of checking the entries on the
receipt side with the tenders. Munsarims at the time of making this check should initial
the daily total in column 8. They should not sign column 10 till the repayment of the
receipt item has been entered by the Nazir in column 9. Munsarims shall sign column 10
to show that they have checked the accuracy of column 9.
G.L. No. 1750 dated 24th March, 1926
The Nazir or officer who is responsible for the issue of processes to processservers, shall acknowledge receipt of all sums refunded by them by making entry in the
process-servers' diary, when the money is refunded.
C.L. No. I/VII-126 dated 5th January, 1961
Apart from the process-servers' diary an entry relating to undisbursed money
received from any process-server shall also be made by the Central Nazir or any of his
assistants in the register in Form no. 43 or on the process itself by way of
acknowledgement of the receipt.
C.L. No. 67/VIII-b-105 dated 15th June, 1970 read with
C.L. No. 73/VIII-b-105 dated 21st July, 1972 and
C.L. No. II/VIII-b-105 dated 20th January, 1976
Provisions of rule 329 of General Rules (Civil) and the directions contained in the
Circular Letter referred to above should be strictly followed by all the officials concerned
and every breach of the instructions should be brought to the notice of the Court and be
severely dealt with.
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(i)
Payment of Amounts to-claimants/parties
C.L. No. 7/Admn. Dated February 8, 1995
The Hon'ble Chief Justice and Judges have been pleased to direct that all
payments to claimants under the Motor Vehicles Act or the Land Acquisition Act or to
any party by the Family Court or any other payment to any party by the Court be made
by cheque or repayment vouchers and that too only in the name of the claimants/party
and not in the name of any Advocate, Attorney or any other person on their behalf.
3.
REFUND CERTIFICATES
(i)
Amount of refund to be written also in words
C.L. No. 44/V-c-112 dated 4th August, 1950
In order to prevent defalcations in respect of certificates for refund of court-fees
under rule 392, Chapter XIII of the General Rules (Civil), 1957 Volume I, it is
imperative that the instructions contained in paragraph 47(c) of the Account Rules which
require that the amount of each voucher should as far as whole rupees are concerned, be
written in words as well as in figures, should be strictly followed in preparing certificates
of refund of court-fee and the Presiding Officer of each court while signing such
certificate, must write in words in his own handwriting both on the original certificate as
well as on its counterfoil the amount to be refunded.
C.L. No. 11/VIIIb-236 dated 20th February, 1963
Instructions contained in paragraph 47 (c) of the Financial Handbook, Volume V,
Part I regarding refund of court-fee in Form no. 104, Appendix 4-V of the General Rules
(Civil) should be strictly complied with and care should be taken not to leave any space
for interpolation and cross entry should be made (both in office and fair copies) before
signing the certificate.
(ii)
Renewal or issue of duplicate of refund certificate in Form no. 104
C.L. No. 20/44-18(4) dated 3rd July, 1931
The following directions are given for guidance and compliance in cases where a
refund certificate in Form no. 104 issued under rule 396, Chapter XIII of the General
Rules (Civil), 1957 has not been utilized within the prescribed time of fifteen days or has
been lost.

When a court is satisfied that the certificate was for sufficient reasons not cashed
within fifteen days, there is no objection to issuing a fresh certificate in lieu of the
original certificate which should be filed in court and cancelled before a fresh certificate
is issued.

If the original certificate has been lost, a duplicate certificate may be issued when
the court is satisfied by an affidavit that the original has been lost and that no refund on it
has been obtained. A note should be made on the duplicate certificate for the guidance of
the Treasury Officer that the original is reported to have been lost and that payment
should be made only, if no payment has been made on the original certificate.