The Allahabad High Court has clarified that litigants cannot be compelled to pay amounts higher than ₹125 for photo-affidavit identification, as prescribed in its office memorandum dated November 22, 2024. A division bench comprising Justice Attau Rahman Masoodi and Justice Shree Prakash Singh issued the directive while addressing discrepancies in receipts issued by Bar Associations at Allahabad and Lucknow.
The court ordered both the Allahabad High Court Bar Association and the Oudh Bar Association (Lucknow) to revise their receipt formats within 15 days to explicitly mention the ₹125 fee. The bench noted:
“Both Bar Associations must re-model receipts to conform with the circular. No litigant shall pay more than the prescribed fee for filing proceedings.”
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Background
The issue arose after a single-judge order in May 2025 scrapped an additional ₹500 fee charged for “Advocates’ welfare funds” during photo identification. The High Court Bar Association, though not originally a party to the case, appealed, arguing it was not heard. The division bench granted leave but upheld the ₹125 cap, stressing that welfare schemes must remain voluntary.
Receipt Discrepancies
- Allahabad receipts combined the ₹125 photo fee with an optional ₹475 welfare contribution under a single receipt number.
- Lucknow receipts omitted the ₹125 fee entirely, listing only receipt numbers.
The court barred such practices, stating:
“Welfare scheme charges cannot be linked to mandatory affidavit requirements.”
Registry’s Role in Affidavit Defects
The bench modified another single-judge order that barred the registry from flagging defects in Notary Public-affirmed affidavits. Citing Chapter II, Rule 1(ii) of the High Court Rules, it held:
“The registry must mark defects as per rules, allowing counsel to rectify them.”