Skip to content


Muhammad Khasim Bahadur Vs. John Carlier - Court Judgment

LegalCrystal Citation
SubjectService
CourtChennai
Decided On
Judge
Reported in(1882)ILR5Mad272
AppellantMuhammad Khasim Bahadur
RespondentJohn Carlier
Cases ReferredIndia v. Kemchand Jeychand I.L.R.
Excerpt:
pensions act - bonus: attachments of, under civil procedure code, 1877. - innes, officiating c.j. and tarrant, j.1. we agree with the decision of the bombay high court (the secretary of state for india v. kemchand jeychand i.l.r. 4 bom. 432 and are of opinion that a bonus is not a pension.2. by recent legislation, the civil procedure code has been so altered in section 266 as to exempt a bonus or gratuity received from government from attachment. but this provision does not apply to execution proceedings commenced before the 1st june 1882--vide section 3, code of civil procedure of 1882, clause 3. if, therefore, as stated in the reference, the proceedings in execution commenced prior to 1st june 1882, the bonus is attachable.
Judgment:

Innes, Officiating C.J. and Tarrant, J.

1. We agree with the decision of the Bombay High Court (The Secretary of State for India v. Kemchand Jeychand I.L.R. 4 Bom. 432 and are of opinion that a bonus is not a pension.

2. By recent legislation, the Civil Procedure Code has been so altered in Section 266 as to exempt a bonus or gratuity received from Government from attachment. But this provision does not apply to execution proceedings commenced before the 1st June 1882--vide Section 3, Code of Civil Procedure of 1882, Clause 3. If, therefore, as stated in the reference, the proceedings in execution commenced prior to 1st June 1882, the bonus is attachable.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //