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november 1952

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.

NEMI CHAND AND ANOTHER vs THE EDWARD MILLS CO. LTD.AND ANOTHER · Niyam