petitioner / defendant also applies,
provides that in suits for a declaratory decree or order, where consequential
relief is prayed, the court fee payable shall ... obtain a
CM(M) No.890/2017 Page 3 of 9
declaratory decree where no consequential relief is prayed. Once the
legislature has separately provided
Subhashini Malik vs S.K. Gandhi & Ors on 6 September, 2016
Author: Rajiv Sahai
Page 19 of 27
the petitioner on the basis of a declaratory decree dated 8 th January, 1969 of
the Civil Court. The Court, again
UNDER SECTION 34 OF THE SPECIFIC RELIEF ACT,
1963 FOR DECLARATORY DECREE AS TO LEGAL RIGHT
TO MANUFACTURE CERTAIN COMPOUNDS DISCLOSED
BUT NOT COVERED WITHIN ... that
the product with respect to which the defendant seeks a declaratory relief in
terms of recognition of right to manufacture, use, sell
which provides for court fees to obtain a declaratory decree
or order where consequential relief is prayed or Section 7(v)(c) which
provides
thereof provides that in
a suit to obtain a declaratory decree or order where consequential relief is
claimed, the plaintiff shall ... injunction, qualifies under Section 7(iv)(c) as a suit
for declaratory decree and consequential relief and in accordance therewith
the plaintiffs are required
surplusage inasmuch as a declaration
regarding adoption was not necessary to decree the suit for partition,
though it may be necessary to decide the said ... however, where the principal relief is not the relief for
obtaining declaratory decree as to the adoption being invalid but is a
suit
Court Fees Act, 1870 provides that a suit
to obtain a declaratory decree or order where consequential relief is
claimed, shall be valued ... Court Fees Act
provides that a suit to obtain a declaratory decree where no
consequential relief is prayed, the court fees payable would be fixed
whereof provides fixed court fees for a suit to obtain a
declaratory decree where no consequential relief is prayed.
13. Attention of the counsel ... Court Fees Act,
in a suit to obtain a declaratory decree or order, where consequential relief is
prayed, is to be valued according
Section 7(iv)(c) provides that in suits for a declaratory
decree with consequential relief, the court fee shall be
computed according to the amount ... proviso thereto makes it clear that
where the suit for declaratory decree with consequential relief
CM(M) No.1069/2016 Page
