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Munsuk Mosundas Vs. Shivram Devising - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1878)ILR2Bom532
AppellantMunsuk Mosundas
RespondentShivram Devising
Excerpt:
.....procedure code (act x of 1877), sections 223 to 229, and section 648. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment would not be protected. the observations/directions issued by supreme court in para 36 of judgment in the case of state v millind reported in 2001 91) mah. lj sc 1 is not the law declared by supreme court under article 141 of the..........conclusion that the legislature has deliberately resolved that small cause courts in the mofussal shall not be at liberty to execute decrees against property beyond their local jurisdiction. under these circumstances, we must answer the question submitted to us in the negative, and we decline to make any such representation to government, as suggested by the learned judge of the small cause court of ahmedabad.
Judgment:

1. Section 5 of Act X of 1877 enacts that the sections of that Act, which are mentioned in the second schedule, shall be applicable to Courts of Small Causes in the Mofussal. We do not find in that schedule any of the sections from Section 223 to Section 229 inclusive, nor any portion of Section 648, except that which relates to the subject of arrests, and we, consequently, have come to the conclusion that the Legislature has deliberately resolved that Small Cause Courts in the Mofussal shall not be at liberty to execute decrees against property beyond their local jurisdiction. Under these circumstances, we must answer the question submitted to us in the negative, and we decline to make any such representation to Government, as suggested by the learned Judge of the Small Cause Court of Ahmedabad.


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