Court Fees Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870
Section 30 of Court Fees Act: Cancellation of stamp
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any Court or office until the stamp has been cancelled.
Such officer as the Court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out the figure-head so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed.
Legal Commentary & Landmark Judgments: Section 30
Section 30 of the Court Fees Act, 1870 mandates that no document requiring a stamp under this Act shall be acted upon in any court until the stamp has been effectively cancelled by the court officer.
Mandatory Cancellation of Stamps: No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any Court or office until the stamp has been cancelled.
Mode of Cancellation: The court officer punches out the figure-head or logo, writes the date and filing number across the stamp, and records cancellation in the registry.
Digital Cancellation: In e-court fee systems, the digital certificate is electronically locked and debited against the CNR (Case Number Record), preventing re-use.
Preventing Fraud & Re-use: Eliminates the recycling of used judicial stamps in subsequent litigations.
Key Landmark Precedents:
State of U.P. v. Singhara Singh, AIR 1964 SC 358: Discussed the strict requirement that statutory administrative formalities must be carried out in the prescribed manner to preserve institutional integrity.
State of Gujarat v. Babulal, 1981 Cri LJ 1752: Affirmed that failure to cancel judicial stamps exposes court officers to disciplinary liability for revenue negligence.
Courtroom Practice & Strategic Litigation Guidance:
Ensure that the filing clerk stamps and punches the physical court fee receipt, or verifies the e-court fee consumption on the e-filing portal under Section 30 to guarantee proper registration of the suit.
Legal Commentary & Landmark Judgments: Section 30
Section 30 of the Court Fees Act, 1870 mandates that no document requiring a stamp under this Act shall be acted upon in any court until the stamp has been effectively cancelled by the court officer.
Ensure that the filing clerk stamps and punches the physical court fee receipt, or verifies the e-court fee consumption on the e-filing portal under Section 30 to guarantee proper registration of the suit.