Munsuk Mosundas Vs. Shivram Devising - Court Judgment

Excerpt:

.....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 the law declared by supreme court under article 141 of the constitution of india. said observations/directions are issued in exercise of powers under article 142 of the constitution and also have no application to the cases relating to appointments and are restricted to the cases relating to admissions. the protection, if any, to be granted in the fact and circumstances of case would depend upon exercise 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. 1. section 5 of act x of 1877 enacts that the sections of that act, which are mentioned in the second schedule, shall be applicable to courts of small causes in the mofussal. we do not find in that schedule any of the sections from section 223 to section 229 inclusive, nor any portion of section 648, except that which relates to the subject of arrests, and we, consequently, have come to the conclusion that the legislature has deliberately resolved that small cause courts in the mofussal shall not be at liberty to execute decrees against property beyond their local jurisdiction. under these circumstances, we must answer the question submitted to us in the negative, and we decline to make any such representation to government, as suggested by the learned judge of the small cause court of ahmedabad.