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Ravji Moreshvar Vs. Sayajirao Ganpatrao - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1889)ILR13Bom673
AppellantRavji Moreshvar
RespondentSayajirao Ganpatrao
Excerpt:
civil procedure code (act xiv of 1882), section 149, clause (h) - percentage received by a khot liable to attachment. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from togo to west coast india - dispute arose between parties - under agreement, respondent had chosen mumbai as port of delivery vessel carrying rock phosphate was delivered at port of bombay - application filed by respondent earlier before delhi high court for appointment of certain individual as arbitrator had become infructuous because of his demise held, high court of bombay, is not correct in rejecting arbitration petition filed by appellant on ground of lack of jurisdiction. charles sargent, c.j.1. we are of opinion that the collector cannot take such an objection relying on section 266 of the civil procedure code, as a khot is not a 'public officer,' and the percentage received by him for collecting the assessment on dhara land is not 'salary' within the contemplation of section 266, clause (h), of the civil procedure code.
Judgment:

Charles Sargent, C.J.

1. We are of opinion that the Collector cannot take such an objection relying on Section 266 of the Civil Procedure Code, as a khot is not a 'public officer,' and the percentage received by him for collecting the assessment on dhara land is not 'salary' within the contemplation of Section 266, Clause (h), of the Civil Procedure Code.


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