The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday June 22 1936

The language in the principal Act is unless there be paid" the prescribed fee but that expression has now been replaced in Bengal by the phrase " unless there has been paid." The effect of that amendment is that payment of the full amount of the fee is made a condition precedent to the reception of the document—in other words the time for such payment is pushed back and placed prior to any rec [...] (2) and are relying upon it for a power to direct the payment of half the prescribed fees at the time of the presentation of the plaint or memorandum of appeal. [...] How does that provision empower the Court to require the payment of a fixed proportion of the fees at th e time of the presentation of the plaint or memrandum of appeal? [...] Under the circumstances I request that you will kindly consider the effect of the recent amendment on the point and if necessary draw the attention of the Hon'ble High Court Judges to the difficulty to which the litigants may be put if such general orders of judicial officers are allowed to stand. [...] On objection being taken that the deed ought to have been stamped with stamp of the value of the aggregate amount with which a coveyance and a bond would have been chargeable the deed was impounded and the Collector decided that in respect of the matter of the bond the deed was chargeable with a duty of Rs.