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Rango Jairam Vs. Balkrishna Vithal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1888)ILR12Bom44
AppellantRango Jairam
RespondentBalkrishna Vithal
Excerpt:
jurisdiction - decree--execution--attachment of assets of a judgment-debtor outside the jurisdiction of the attaching court--practice--procedure. - 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.....charles sargent, c.j.1. as neither the disbursing officer nor the judgment-debtor himself lives within the local jurisdiction of the court, the salary of the judgment-debtor can in no sense be said to be within the jurisdiction, and cannot, therefore, be attached. a copy of the decree may be sent to nagpur for execution, where the disbursing officer resides, and the judgment-debtor has pay available for the satisfaction of the decree.
Judgment:

Charles Sargent, C.J.

1. As neither the disbursing officer nor the judgment-debtor himself lives within the local jurisdiction of the Court, the salary of the judgment-debtor can in no sense be said to be within the jurisdiction, and cannot, therefore, be attached. A copy of the decree may be sent to Nagpur for execution, where the disbursing officer resides, and the judgment-debtor has pay available for the satisfaction of the decree.


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