Skip to content


Tekana Kavandan and ors. Vs. Aligiri Kavandan and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in25Ind.Cas.506
AppellantTekana Kavandan and ors.
RespondentAligiri Kavandan and ors.
Excerpt:
court fees act (vii of 1870), section 12, clauses (1) and (2) - question of court-fees--decision of first court final--appellate court, when can re-open. - t.n. district police act, 1859 [act no. 24/1859]. section 10 & tamil nadu special police subordinate service rules, rule 14(b), clause (iv) explanation (1); [a.p. shah,c.j., f.m. ibrajhim kalifulla & v. ramasubramanian, jj] rule 14(b),ci.(iv) explanation (1) providing that a person acquitted or discharged on benefit of doubt shall be treated as person involved in criminal case - validity being questioned - held, the impugned rule 14(b) ci.(iv) explanation (1) has been issued in exercise of the power conferred upon the government under the tamil nadu district police act, the criminal city police act and the proviso to article 309 of the.....1. under section 12, clause (1), of the court-fees act, the decision on the question of court-fee by the court of first instance is final between the parties and hence that decision cannot be questioned by the defendant at the later stages of the suit, though the court of appeal under section 12, clause (2) might itself take the question of court-fees in the interests of the revenue and pass necessary orders for the protection of the revenue. we do not see sufficient ground to take up and consider that question in second appeal.2. on the merits, we are not satisfied that any document has been misconstrued by the lower courts and the facts have been found against appellants.3. the second appeal is dismissed with costs.
Judgment:

1. Under Section 12, Clause (1), of the Court-Fees Act, the decision on the question of Court-fee by the Court of first instance is final between the parties and hence that decision cannot be questioned by the defendant at the later stages of the suit, though the Court of Appeal under Section 12, Clause (2) might itself take the question of Court-fees in the interests of the revenue and pass necessary orders for the protection of the revenue. We do not see sufficient ground to take up and consider that question in second appeal.

2. On the merits, we are not satisfied that any document has been misconstrued by the lower Courts and the facts have been found against appellants.

3. The second appeal is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //