Whether appellant is required to pay additional court fees if additional relief are claimed in Civil appeal?

In Nemi Chand v. Edward Mills co. Ltd., , dealing with the question of court-fees payable in appeal for additional relief, it was observed that a memorandum of appeal, as provided in ART. 1 OF Schedule 1, of Court-fees Act , has to be stamped according to the value of the subject-matter in dispute in appeal; in other words, the relief claimed in the memorandum of appeal their Lordships observed, determines the value of the appeal for purposes of court-fees.

Bombay High Court

Francisco Luis Jose D Souza vs Vithal Bhadu Tamboskar on 18 November, 1988

Equivalent citations: AIR 1989 Bom 303, 1988 (2) BomCR 440, (1989) 91 BOMLR 570

Bench: Couto, Kamat

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