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

1940 Supreme(Mad) 356

PANDRANG ROW
C. Gopalachariar – Appellant
Versus
Deepchand Sowcar – Respondent


JUDGMENT

Pandrang Row, J.

1. In these connected Civil Revision Petitions from the orders of the District Judge of Chingleput in appeals which were heard together, only one point arises for determination, namely, whether the commuted portion of the pension due to the petitioner by the Government is liable to attachment at the instance of creditors of his in view of Section 11 of the Pensions Act (XXIII of 1871). The petitioner is a retired postal official, and a portion of his pension was commuted sometime in March, 1939, or thereabouts and the commuted portion of the pension amounted to Rs. 3,500 and odd, and a payment order for this amount was forwarded to the postmaster, Conjeevaram, for delivery to the petitioner. As the learned District Judge observes, the only act remaining to be done by the petitioner is to take delivery of the payment order and to cash it at the local treasury. Before he could do so attachments were made at the instance of certain money-lenders. On objection by the petitioner that the attachments were illegal in view of the provision of S11 of the Pensions Act, the Courts below have held that his contention is not well founded and have confirmed the attachment




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