09-07-2025
Affidavit Filing Must Be Transparent: Allahabad HC Restores Registry's Powers, Caps Fee At Rs 125
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The court noted that while the HC bar associations in Allahabad and Lucknow had accepted the Rs 125 fee structure, discrepancies were observed in the receipts issued at both
The Allahabad High Court has upheld the registry's authority to mark defects in affidavits sworn before notaries and directed the bar associations at both Allahabad and Lucknow to ensure strict compliance with the court's photo affidavit procedure, including transparent fee collection.
A division bench of Justices Attau Rahman Masoodi and Shree Prakash Singh modified a prior direction that barred the Stamp Reporting Section from flagging defects in notarised affidavits. Citing Chapter II, Rule 1(ii) of the Allahabad High Court Rules, the court held that such affidavits are not exempt from scrutiny and that the Registry retains its power to point out defects and allow rectification.
'Such a direction does not stand in consonance with the relevant rule," the bench observed.
The judgment also addressed discrepancies in the implementation of the office memorandum dated 22.11.2024, which mandates that every affidavit be accompanied by a passport-size photograph and a unique identification number issued by the respective bar association for a fixed charge of Rs 125.
While the memorandum clearly prohibits charging more than Rs 125 without prior approval, the court found that at Allahabad, a single receipt was being issued for both the prescribed affidavit fee and an additional Rs 475 welfare contribution, making the payment appear compulsory. At Lucknow, receipts failed to specify the Rs 125 amount at all.
Calling this a violation of the memorandum's intent, the court directed both bar associations to remodel their receipts within a period of 15 days, ensuring that procedural charges are clearly distinguished from voluntary welfare contributions.
'No litigant for institution of the proceedings before this court is compelled to deposit any amount higher than what is prescribed in the aforesaid office memorandum dated 22.11.2024," the HC observed.
The high court further reaffirmed that bar associations are free to run welfare schemes, but such initiatives must remain voluntary and independent of mandatory filing procedures.
The controversy originated after the writ court, in a previous judgment, issued directions concerning the affidavit filing process without hearing the high court bar association, which later challenged the observations.
The special appeal sought to address procedural lapses and protect the autonomy of bar associations in administering identity protocols while ensuring that litigants are not burdened with non-transparent or compulsory charges.
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First Published:
July 10, 2025, 03:12 IST
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