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Mahomed HuseIn Vs. Radhi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1888)ILR12Bom46
AppellantMahomed Husein
RespondentRadhi
Excerpt:
.....of discretion by supreme court under article 142 of the constitution. said powers under article 142 of constitution is not available to the high court. hence no protection can be granted by high court even in cases relating to admissions. - , 11 cal 451 upon the term 'arrest' in section 349. 2. had the legislature intended to give the judge the power of releasing the judgment-debtor when in jail, we should have expected to find 'imprisonment' mentioned as well as 'arrest,'as is done in the above sections......denoting different things, and, further, that in sections 344 and 345 both 'arrest' and 'imprisonment' are mentioned where the provisions of the sections are intended to apply in either case precludes, we think, the larger construction that has been placed by the calcutta high court, in the matter of william hastie i.l.r., 11 cal 451 upon the term 'arrest' in section 349. 2. had the legislature intended to give the judge the power of releasing the judgment-debtor when in jail, we should have expected to find 'imprisonment' mentioned as well as 'arrest,' as is done in the above sections. the decision in re quarme i.l.r., 8 mad., 503 supports the construction of the section. the question referred to us is answered in that sense.
Judgment:

Charles Sargent, C.J.

1. The circumstance that throughout the Code the terms 'arrest' and 'imprisonment' are employed as denoting different things, and, further, that in Sections 344 and 345 both 'arrest' and 'imprisonment' are mentioned where the provisions of the sections are intended to apply in either case precludes, we think, the larger construction that has been placed by the Calcutta High Court, In the matter of William Hastie I.L.R., 11 Cal 451 upon the term 'arrest' in Section 349.

2. Had the Legislature intended to give the judge the power of releasing the judgment-debtor when in jail, we should have expected to find 'imprisonment' mentioned as well as 'arrest,' as is done in the above sections. The decision In re Quarme I.L.R., 8 Mad., 503 supports the construction of the section. The question referred to us is answered in that sense.


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