# 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-162691
- **Pages:** 2

## 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.
8
4.
EXPENSES IN CONNECTION WITH CIVIL CASES
C.L. No. 66/4-BB dated 27th July, 1959
Miscellaneous legal expenses in connection with civil cases relating to the
matters, which are under the administrative control of the District Judges, should be
incurred by them from the contingent funds placed at their disposal. In case the funds fall
short, Government should be moved by them for additional grant for the purpose.
C.L. No. 19/VII-d-144 dated 23rd February, 1970
Instructions contained in G.O. No. X- 2507/VII-bf-4001-1957 dated January 14, 1959,
regarding advances to the State Counsel for meeting miscellaneous expenses in civil
cases should be followed strictly.
5.
PROMPT VERIFICATION OF PLUS AND MINUS MEMOS
C.L. No. 83/VIII-b-104 dated 18th August, 1958
Under rules 321 and 323 of Chapter XI of the General Rules (Civil), 1957, it is
the duty of the Treasury Officer to check the totals of the receipts and the repayments in
a subordinate civil court, during the previous month, with the treasury accounts, and to
certify the correctness of the plus and minus memos and to return it to the court
concerned. Under rule 324, the Presiding Officer has then to furnish a monthly certificate
to the Accountant General, Uttar Pradesh, about the examination of the plus and minus
memos.
C.L. No. 20 dated 25 February, 1961
Directions contained in Government Letter No. 3820/VII-929-60. dated February
4, 1961 to the effect that the henceforth guide numbers be put prominently on the right
hand corner of each bill by encircling it with red ink before sending it to the treasury,
should be followed strictly so that correct classification of expenditure by the office of
the Accountant General and consequent reconciliation of accounts figures with the
departmental figures may be done.

A copy of the Accountant General's Letter No. C.D.I. appra/767, dated
September 8, 1960 along with a list of relevant account heads from numbers 55 to 160-A
and 356 concerning the subordinate civil courts has also been sent to the District Judges
for future guidance along with this C.L.
C.L. No. 47/VIII-b-104 dated 30th April, 1969
All courts/treasuries should submit the plus and minus memo in respect of each
head, i.e., civil, criminal and revenue deposits separately in time and in proper form
according to the instructions contained in Accountant General's Letter no. Deposit
I/EXI/2370, dated March 10, 1969, a copy of which has been sent with this C.L.

If there is any delay in the verification or reconciliation of accounts and in the
return of plus and minus memos on the part of the treasury, the matter should at once be
brought to the notice, of District Judge who should take up the matter with the Collector,
demi-officially without delay.