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Helen Beard Vs. Samuel Egerton - Court Judgment

LegalCrystal Citation
SubjectService
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad179
AppellantHelen Beard
RespondentSamuel Egerton
Excerpt:
civil procedure code, section 266-h - attachment of moiety of salary of officer on half pay. - innes and kindersley, jj.1. we consider that the practice of the small cause court hitherto is right in regarding as exempted from attachment, by clause (h), section 266 of the civil procedure code, half the pay actually drawn by the judgment-debtor at the time of the attachment or from time to time. what the defendant is now drawing is, we understand, his pay on sick leave, which is half his ordinary salary. half of the amount so received by him as his salary while on sick leave is by the clause quoted exempted from attachment. the other half is attachable.
Judgment:

Innes and Kindersley, JJ.

1. We consider that the practice of the Small Cause Court hitherto is right in regarding as exempted from attachment, by Clause (h), Section 266 of the Civil Procedure Code, half the pay actually drawn by the judgment-debtor at the time of the attachment or from time to time. What the defendant is now drawing is, we understand, his pay on sick leave, which is half his ordinary salary. Half of the amount so received by him as his salary while on sick leave is by the clause quoted exempted from attachment. The other half is attachable.


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