AIR 1966 CALCUTTA 267 ::69 Cal WN 1025 ::ILR (1966) 1 Cal 1

Calcutta High Court

Hon'ble Judge(s): D. N. Sinha, G. K. Mitter, Purushottam Chatterjee , JJJ

Civil P.C. (5 of 1908) , S.151— Court-fees Act (7 of 1870) , S.13— Memorandum of appeal with proper court-fees filed with application for condonation of delay - Delay not condoned - Court cannot give certificate for refund of court-fees under its inherent powers. AIR 1934 Cal 615 Overruled. When a memorandum of appeal is presented with proper court-fees but out of time, with an application for condonation of delay and if the delay is not condoned the court cannot under its inherent powers give a certificate for refund of the court-fees paid.(Para 10) The powers of the Court to direct a refund of court-fees on a memorandum of appeal or on an application for review of judgment are expressly provided for in Sections 13 to 15 of the Court-fees Act but these sections are not exhaustive. Where the matter falls within the scope of these sections the provisions must be strictly applied. In matters outside the scope of these sections the court has in certain circumstances an inherent jurisdiction to order refund of court-fees on the principle that every court has inherent powers to act ex debito justitiae i.e., to do real and substantial justice for the administration of which alone it exists. Thus where there is no legal obligation to pay the court-fees, the court orders, in substance, the law to be carried out, so as no....