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SBNewDelhi (Junior Advocate)     11 February 2016

Court fee

Dear All,

I am looking for some guidance on a question regarding court fees.

Can court fee bought for one matter be used for another matter, if the client is the same and the court fee was never originally used? 

- The court fee was bought for a matter in the Delhi HC. But the matter got transferred to the Karnatake High Court where a separate court fee was bought for the same matter and the same client. 

- The court fee is of Rs. 1 lakh

- It's not an e-receipt. 

- The client now wants to file another suit in the Delhi HC against a different opposition party. And I want to know if the original court fee bought but unused (because the matter was transferred) can now be used? 

- The court fee was returned without a stamp and contains the name of the original opposition party. Can one simply erase that and write the name of the new opposition party, if the court fee has never been used? 

I was looking for a specific provision in the Court Fees Act or a relevant judgement but so far have come across nothing useful. Anysuggestions extremely welcome! 

Thank you. 

S.



Learning

 1 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     11 February 2016

Why does the court fee mention the name of the opposite party ? It is not supposed to carry the name of any party at all . Merely the name of the person who purchased the court fee is mentioned in addition to the purpose for which the same is being purchased .

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