Law:

Section:

(a) Court Fees Act (Vll of 1870}- -- S. 28-Section applies not only to mistakes and inadvertence of persons (both litigants and non-litigants) filing documents not properly stamped, in Courts and offices but also to mistakes and inadvertence of persons receiving and acting on such documents (such as Presiding Officers of Courts, heads of offices, and their staff)-[Jiwan Das v. Khushabi Ram A I R 1917 Lab. 377 dissented from). Jiwan Das v. Khushabi Ram A I R 1917 Lab. 377 dissented from. (b) Civil Procedure Code (V of 1908)-, S. 149 read with Court Fees Act (VII of 1870), S. 28-Plaint bearing nominal court-fee-Application made for- extension of time for payment of balance court-fee-Case not covered by mistake or inadvertence falling. under Court Fees Act, 1870, S. 28 but relating to insufficiently stamped document-Plaint filed in civil Court, held, covered by S. 149, C. P C.-Scope of Court's jurisdiction under S. 149. C. P. C.-Held further, larger and more general than referred to in Court Fees Act, 1870, S. 28.-[Court-fee]. (c) Civil Procedure Code (V of 1908)- S. 149 read with Court Fees Act (VII of 1870), S. 28-Plaint bearing nominal Court-fee-Application filed for permission to pay bilance court-fee-Principles applicable in such cases-Element of limitation not to be directly imported into such provisions, to unduly deflect discretion of Court into any guided channels when deciding applications for grant of permission to make up deficiency. (d) Civil Procedure Code (V of 1"8)- S. 149-Discretion, though indirectly meant for fiscal recovery, yet provided to meet bona fide cases where by inadvertence or mistake less court-fee paid, or where for want of relevant documents or material necessary to determine and calculate court-fee payable, proper court-fee not paid or where, notwithstanding diligence and fair efforts made; person unable to secure court-fee stamps-Direction to be withhold only. where party deliberately avoided payment of full court-fee, which he knew and could have paid, or where, bona fide having paid less court-fee, does not pay balance with due diligence within reasonable time or is guilty of contumacious disregard of Court's order.-[Court-fee].…

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