Declaration suit and for injunction = whether court fee has to be paid for injunction - no as it is consequential relief ..................... (c) directing the respondents 3 and 4 to restore the service connection by way of mandatory injunction;= Suits for declaration are dealt with by Section 24 of the Andhra Pradesh Court-Fees and Suits Valuation Act, 1956. It deals with suits for declaration with or without consequential reliefs not falling under Section 25 of the said Act. We are not concerned with Section 25 because this is not a suit falling under that Section. Clause (a) of Section 24 of the said Act deals with "suits where the prayer is for a declaration and for possession of the property to which the declaration relates"; Clause (b) deals with "suits where the prayer is for declaration and for a consequential injunction and the relief sought is with reference to any immovable property" Clause (c) deals with "suits where the prayer relates to the plaintiff's exclusive right to use, sell, print or exhibit any mark, name, book, picture, design or other thing and is based on an infringement of such exclusive right"; and Clause (d) deals with all other cases "where the subject-matter of the suit is capable of valuation or note"; and it provides that fee shall be computed on the amount at which the relief sought is valued in the plaint or at which such relief is valued by the Court, whichever is higher. None of the Clauses contemplate payment of separate court-fee for a consequential relief. The present suit falls under Clause (d) of Section 24, and the petitioner has paid the court-fee on the entire amount in respect of which a declaration has been sought.= In the circumstances, I am of the view that the learned Subordinate Judge was in error in directing the petitioner to pay court-fee on Rs. 24,000/- for the consequential relief of mandatory injunction and the Civil Revision Petition is, therefore, allowed, and the direction of the learned Subordinate Judge is set aside.-2015 A.P.( 1993) MSKLAWREPORTS



Declaration suit and for injunction = whether court fee has to be paid for injunction - no as it is consequential relief ..................... (c) directing the respondents 3 and 4 to restore the service connection by way of mandatory injunction;= Suits for declaration are dealt with by Section 24 of the Andhra Pradesh Court-Fees and Suits Valuation Act, 1956. It deals with suits for declaration with or without consequential reliefs not falling under Section 25 of the said Act. We are not concerned with Section 25 because this is not a suit falling under that Section. Clause (a) of Section 24 of the said Act deals with "suits where the prayer is for a declaration and for possession of the property to which the declaration relates"; Clause (b) deals with "suits where the prayer is for declaration and for a consequential injunction and the relief sought is with reference to any immovable property" Clause (c) deals with "suits where the prayer relates to the plaintiff's exclusive right to use, sell, print or exhibit any mark, name, book, picture, design or other thing and is based on an infringement of such exclusive right"; and Clause (d) deals with all other cases "where the subject-matter of the suit is capable of valuation or note"; and it provides that fee shall be computed on the amount at which the relief sought is valued in the plaint or at which such relief is valued by the Court, whichever is higher. None of the Clauses contemplate payment of separate court-fee for a consequential relief. The present suit falls under Clause (d) of Section 24, and the petitioner has paid the court-fee on the entire amount in respect of which a declaration has been sought.= In the circumstances, I am of the view that the learned Subordinate Judge was in error in directing the petitioner to pay court-fee on Rs. 24,000/- for the consequential relief of mandatory injunction and the Civil Revision Petition is, therefore, allowed, and the direction of the learned Subordinate Judge is set aside.-2015 A.P.( 1993) MSKLAWREPORTS

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Section 8 of the Hindu Minority and Guardianship Act, 1956 - permission of court for selling minor property by natural guardian- In the present case, though it is stated that the property has been sold for the proper benefit of the minors, their protection, education and marriage,there is nothing on record to suggest that previous permission of the Court was obtained by the natural guardian before transfer by sale in question.-2015 S.C.(2013) MSKLAWREPORTS24

Section 8 of the Hindu Minority and Guardianship Act, 1956 deals with the powers of natural guardian of a Hindu minor and the said section mandates that the natural guardian has power to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realisation, protection or benefit of the minor's estate, etc. The provision reads as follows: Sec. 8 . Powers of natural guardian.- (1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant. (2) The natural guardian shall not, without the previous permission of the court,- (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the minor; or (b) lease any part of such pro...
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APEX COURT DIGEST 2016 - 1

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ACT: Civil Procedure Code. 1908: Section 64 and Order 21 Rule 57Attachment order--Execution petition or suit in which attachment ordered dismissed--Restoration of such proceed- ings--Whether attachment revived--Alienation of attached property--Whether affected. -An order of restoration of a suit dismissed for default would certainly restore or revive the attachment for the period during which it was in subsistence, namely, prior to the dismissal of the suit or execution application. In the present case both transactions, sale by the judgment-debtor and subsequent sale by the purchaser to the respondents, were effected during the subsistence of the attachment and before the Title Execution Case was dismissed for default. The Division Bench of the High Court was in error in taking the view that by reason of the dismissal of the said Title Execution Case, the attachment came to an end and the order of restoration of the said case would not affect any alienations made before the restoration, although such alienations might have been made during the subsistence of the attachment. -2015 S.C.(1987) msklawreports

The appellant filed a petition for execution of the money decree obtained by her in High Court against the judgment-debtor and attachment was levied in execution on open land and a portion of the premises in question belong- ing to the judgment-debtor. Subsequently, the judgment- debtor sold a portion of the attached property. The purchas- er in turn, sold a portion thereof to the respondents. The aforesaid execution petition was dismissed for default but later on an application by the appellant, the said Execution Case was restored, and the said property was again attached, and a proclamation for sale of the said property was issued under Order 21 Rule 66 of the Code of Civil Procedure. The respondents' petition under Order 21, Rule 58 of C.P.C. for releasing the property purchased by the respondents from attachment was dismissed. The High Court allowed the appeal. In appeal to this Court, it was urged on behalf of the appellant that in vi...
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