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TMI BlogProcedure to be followed in the matter of crediting of fees to Central Government in terms of rule 291 of Court Rules, 1959X X X X Extracts X X X X X X X X Extracts X X X X ..... e 291 of Court Rules, 1959 The question about the procedure to be followed in the matter of crediting fees to the Central Government in terms of rule 291 of the Companies (Court) Rules, 1959, has been examined in detail and it is hereby clarified that the aforesaid rule has to be read with rule 286 which prescribes the forms of the registers to be maintained by the official liquidator for the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the general instructions at the top of the form prescribed under the section to the effect that under disbursement should be entered all payments for costs and charges which would include the fees credited to Government [vide rule 338 of the Companies (Court) Rules read with section 476]. It may be noticed that Form No. 144 prescribed under the rules is the form to be used under rule 299 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therein separately. The legal position being as stated, it is indeed not necessary to consider the point that if the commission is credited on a half‑yearly basis, there may be some cases in which the amount realised in half year may not exceed Rs. 10,000 and may thus attract the larger percentage of the amount to be credited to the Central Government as fees in terms of rule 291 whereas i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Government. The gain accruing to the Government is not by any means an unwarranted gain and cannot be denied to the Government on any reading of the statutory provisions without doing violence to its plain tenor and effect. In the light of the position stated above, the practice adopted by the official liquidator, Jodhpur, is correct and the question of any excess to be adjusted as suppo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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