# Payment of Amounts to-claimants/parties

- **Citation:** C.L. No. 7/Admn
- **Court:** Allahabad High Court
- **Decided:** 1995-02-08
- **Case number:** C.L. No. 7/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/payment-of-amounts-to-claimants-parties-162690
- **Pages:** 1

## Text

7
(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.