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PROVINCE OF PUNJAB through the District Collector, Bhakkar vs MUHAMMAD CHIRAGH — 2026 PLD 53 SUPREME-COURT

Case information

Citation
2026 PLD 53 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
PLD
Parties
PROVINCE OF PUNJAB through the District Collector, Bhakkar vs MUHAMMAD CHIRAGH
Subject matter
Criminal
Provisions referred to
Court-fees Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PROVINCE OF PUNJAB through the District Collector, Bhakkar VS MUHAMMAD CHIRAGH. Ss. 25, 26 & 28---Collection of court-fees by the State---Balancing the State's revenue interests with the imperatives of fairness and justice in legal proceedings---Scope and guiding principles---Discretion of Presiding Officer to allow subsequent proper stamping---Rectification in deficiency of court-fee---Procedure stated---According to Section 25 of the Court-fees Act, 1870, in conjunction with Section 26 thereof, the collection of court-fees is mandated to be executed through the use of stamps---The legislation specifies that the stamps intended to signify the payment of these fees may be of impressed, adhesive, or a combination of both types---Moreover, Section 28 of the Act, 1870 stipulates that a document requiring a stamp will be deemed invalid unless it bears the appropriate markings indicating that the court-fee has been duly paid---However, the statute recognizes the possibility of human error; if a document is inadvertently accepted, filed, or utilized in any court without the necessary stamping, the presiding judge possesses the discretion to allow for its subsequent proper stamping---If the judge deems it appropriate to grant this allowance, once the document is correctly stamped, it and all related proceedings will be considered as valid as if the necessary stamping had been executed at the outset---These provisions impose a dual responsibility on the court, particularly when documents are not properly stamped---Firstly, the court must ascertain the exact amount of applicable court-fees---Secondly, it may provide the necessary timeframe for the party involved to remedy any deficiencies in the payment, ensuring both compliance with the law and the preservation of fairness in the legal process.

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