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

2013 Supreme(Ker) 100

K.VINOD CHANDRAN
V. S. Pushpalal – Appellant
Versus
District Collector, Ernakulam – Respondent


Advocates Appeared:
For the Appellant:P.K. Babu, Advocate.
For the Respondents:R1, Mrs. Girija Gopal, Special Government Pleader, R2, Babu Varghese, Senior Advocate, Johnson T. John, R3, A.S.P. Kurup, Standing Counsels.

Judgment :

K. Vinod Chandran, .J.

1. The appellant was aggrieved by the revenue recovery action taken by the 4th respondent to recover amounts due from the 5th respondent to the 2nd respondent; for which the appellant stood as surety. The appellant impugn the judgment of the learned Single Judge dismissing the writ petition, finding the recovery initiated to be proper and perfectly legal. The learned Single Judge found that the appellant's claim, regarding he being only one of the sureties and no recovery proceedings having been initiated against the other sureties and the original borrower, could not be sustained, since the liability of the borrower and the sureties are joint and several. As rightly noticed by the learned Single Judge, the remedy, if any, to the surety from whom recovery is made is to sue the original defaulter or the other sureties to recover proportionate contribution due from them.

2. The learned counsel for the appellant before us raised a contention that the amounts payable under the Payment of Gratuity Act, 1972 (hereinafter referred to as "the Gratuity Act") is not attachable for satisfaction of a decree of a Court or otherwise. The recovery has been attempt














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