Interesting One.
pratik
(Querist) 18 July 2010
This query is : Resolved
Indian succession act, 1925.
379. Mode of collecting Court-fees on certificates.- (1) Every application for a certificate or for the extension of a certificate shall be accompanied by a deposit of a sum equal to the fee payable under the Court-fees Act, 1870, (7 of 1870.) in respect of the certificate or extension applied for.
(2) If the application is allowed, the sum deposited by the applicant shall be expended, under the direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable as aforesaid.
(3) Any sum received under sub-section (1) and not expended under sub-section (2) shall be refunded to the person who deposited it.
Query : As per Section 379(3) if the sum depositd is not expended then it will be refunded. so as per section 379(2)the word "SHALL" doesn;t have the meaning only.
So as per my interpretation if the judge doesn't increases the deposit amount than than the whole amount is refund so the word shall doesn't have any meaning .
Pls explain me the sub section (2)&(3).
Thnaks in advance.
