Supreme Court of India · 1952-11-10
NEMI CHAND AND ANOTHER vs THE EDWARD MILLS CO. LTD.AND ANOTHER
- Citation / case number
- SC 1950/48
- Court
- Supreme Court of India
- Petitioner
- NEMI CHAND AND ANOTHER
- Respondent
- THE EDWARD MILLS CO. LTD.AND ANOTHER
- Bench
- MAHAJAN, MEHR CHAND
Judgment text excerpt
The Supreme Court held that under Section 12 of the Court-Fees Act, the finality of decisions regarding court-fees does not prevent the appellate court from reviewing the correctness of such decisions. It was determined that the plaintiff could abandon a consequential relief in appeal, and since the first relief was purely declaratory, the memorandum of appeal was properly stamped. The court clarified that the finality attached to court-fee decisions only applies to valuation issues and does not restrict the appellate court's jurisdiction to assess the nature of the relief sought.