SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2003 Supreme(Ker) 368

C.N.RAMACHANDRAN NAIR
Bhargavan Pillai – Appellant
Versus
Special Dy. Tahsildar – Respondent


Judgment :-

1. The petitioner, who is a driver employed with KSRTC is challenging revenue recovery proceedings initiated wide Exts.P2, P4 and P6 for recovery of arrears of loan amount defaulted by the debtors for whom petitioner was a surety. The recovery proceedings initiated against the petitioner is attachment of salary through the employer namely, KSRTC. The challenge is confined to recovery proceedings by way

of attachment of salary through employer, KSRTC over the limits prescribed by S.60(1) of the Civil Procedure Code read with S.80 of the Revenue Recovery Act. I heard the counsel for the petitioner and the Standing counsel for the KSFE. While the contention of the petitioner is that S.60(1)(i) is applicable by virtue of operation of Section 80 of the Revenue Recovery Act and petitioner's salary should not be attached over the limits prescribed under S.60(1)(i) that too, only within the limited period, the standing counsel appearing for KSFE has submitted that petitioner had stood as surety for three loans taken by three individuals for Rs.40,000 and Rs. 50,000 each knowing well that in the event of default, petitioner's salary will be subject to recovery proceedings and eve







Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top