SANJIB KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Little learning is a dangerous thing - is an oft used idiom. The case at hand is a classic example of what happens when legal practitioners, without proper appreciation of the legal provision, embark upon the journey allegedly to provide relief to the client but lands himself into a problem.

(2.) The petitioner is a legal practitioner. Due to inadvertence, he purchased court fees to the tune of Rs.63,110.00 instead of purchasing non-judicial stamp paper of the like amount. He states that the non- judicial stamp paper was required in connection with a partition suit of one of his clients. The petitioner duly submitted the non-judicial stamp paper and he intends to return the court fees purchased by him which has remained unused. He also wants refund of the amount of the court fees that will be returned. Prayer has been made to permit him to return the court fees and obtain refund of the said amount.

(3.) Reliance has been placed on the judgment passed by this Court in the matter of Eagle Plywood Industries Pvt. Ltd. -vs- Amulya Gopal Mazumdar and Ors. reported in 69 CWN 1025 wherein the Court held that the Court has inherent jurisdiction to order refund of court fees in appropriate case, to do real and substantial justice. Such appropriate cases are where mistake or inadvertence or on wrong interpretation of law excess court fees have been paid or realised.