Hira Jitajishet Marwadi Vs. Daula Khetajishet Marwadi - 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. norman macleod, kt.,c.j.1. the appeal must be allowed. the decision in mulji v. goverdhandas : air1923bom36 has no application to the case, that case was decided under section 20 of the dekkhan agriculturists' relief act. section 21 says :-'no agriculturist shall be arrested or imprisoned in execution of a decree for money passed whether before or after this act comes into force.' so that the question is whether a person sought to be arrested is an agriculturist at the time of the arrest, and if he is, then he is exempt.2. the case must, therefore, go back to the trial court for a finding on whether the defendant is entitled to exemption under section 21. the appellant is entitled to his costs.