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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Court fee - Sec.34 of A.P.C.F & S.V.Act - partition of Plaints-A and B-Schedule properties, in the manner pleaded by her, and for grant of future profits. Plaint-A Schedule comprised of, four items of immovable properties, and Plaint-B Schedule comprised of, nine items of jewellery. Pleading that the parties are in joint possession of the said properties, the petitioner paid Court-fee of Rs. 200/- under Sub-section (2) of Section 34 of the A.P. Court Fees and Suits Valuation Act, 1956 (for short 'the Act'). The trial Court returned the plaint, through its order dated 23-6-2006, directing the petitioner herein, to pay Court fee on movable properties, on her shares, as per the Act, within the time stipulated by it.= In the instant case, the petitioner asserted that, herself and the respondents are in joint possession of the Plaints-A and B-Schedule properties. In a way, the trial Court was satisfied, that the immovable properties mentioned in Plaint-A schedule are in joint possession, and in that view of the matter, it did not insist on payment of ad-valorem Court-fee, on such items. It, however, took a different view, as regards the movable properties. Neither from the plaint, nor from the endorsement made by the trial Court, it is found that there is any distinction, as to the nature of rights claimed, in respect of Plaint-A Schedule properties, on the one hand, and Plaint-B schedule properties, on the other hand. In fact, the nature and incidence of possession, of an immovable property, gives rise to, relatively greater consequences of law, than the possession of an item of movable property. The possession of an item of immovable property can be said to be more assertive, firm and lasting, than the one, of movable property. The endorsement made by the trial Court cannot be sustained, either on law, or on facts. 2015 A.P.(2006)MSKLAWREPORTS

Order 38 Rule 5, only the properties of the defendant can be attached and not the properties in the hands of garnishee has no statutory support nor the support of any precedent.-2015 A.P.(2004) MSKLAWREPORTS

Sec.482 Cr.P.C. - Section 8 of the Andhra Pradesh Public Examination (Prevention of Malpractice and Unfair Means) Act, 1997 - Part B question Paper was missed ( said to be distributed to A1 along with other students by A2 an invigilator ) - Charge - she was negligent in performing the invigilation duties. - Their Lordships held that Mere negligence in performing invigilation duties, does not attract the offence set-forth in the Act. Therefore, in absence of any allegation that the petitioner herein has committed the offence set out in Section 5 of the Act, she cannot be subjected to prosecution for which the penalty has been provided under Section 8 of the Act.- Quashed the criminal proceedings - 2015 Telganga & A.P. msklawreports