In Re: Premchand Dowlatram

civil procedure code (act xiv of 1882), section 174 - production of document--court's jurisdiction to punish a witness for refusing to produce a document--procedure--indian penal code (act xlv of 1860), section 175--criminal procedure code (act x of 1882), section 480. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment 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. west, j.1. in this case the judge of the small cause court at ahmedabad has fined the applicant rs. 75 for not producing a document which he had been summoned to produce. the applicant came to the court, but then stated on oath that he had not the document, and could not produce it. thereupon the judge disbelieving this statement fined him ostensibly under the provisions of section 174 of the code of civil procedure. a careful perusal of that section, however, shows that the present case did not fall within it. the jurisdiction to punish under the enactment exists only in the case of a witness, who, not having attended on summons, has been arrested and brought before the court. the case of a witness who, having a document, will not produce it, is provided for by section 175 of the indian penal code, and a limited summary jurisdiction is given to the court in such a case by section 480 of the code of criminal procedure (x of 1882). the mere provision of this mode of procedure by the legislature implies that another and different one is not intended to be followed; and if the judge of the small cause court could fine a witness attending his court under section 174 of the code of civil procedure, he would deprive him of the appeal given by the law against a similar decision under section. 480 of the code of criminal procedure. where a witness denies, on oath, that he has the possession or means of producing a particular document, he can, if he has been guilty of falsehood, be prosecuted for giving false evidence in a judicial proceeding.2. we reverse the order as made without jurisdiction, and direct that the fine paid by the applicant be restored to him.