In Re: Yerasuri Lakshminarayana Murthy - Court Judgment

Excerpt:

.....products of livestock but even derivative items (derived from a product of livestock) are intended to be product of livestock for the purpose of the act. thus the term ghee is to be interpreted on the basis of expression products of livestock as defined in section 2(xv) of the act. whatever products are declared as such by the government by notification, they become products of livestock for purpose of the act. consequently it was held that ghee is the product of livestock and by reason of power conferred under section 3(1) read with section 3(3) of the act on them it is competent for the government to declare ghee as product of livestock for the purpose of regulating its purchase and sale, in any notified market area. [per p.s. narayana, j,(dissenting)]if livestock or agricultural produce and the categories thereof had been specified in the statute itself by appending in the schedule or otherwise, that would stand on a different footing from the present provisions of the act which contemplate the issuance of notifications in accordance with the procedure ordained by the provisions specified supra. in view of the clear definition of the livestock and products of livestock, the.....orderk. amareswari, j.1. this is a petition under section 397 of the code of criminal procedure to revise the order of the ii addl. munsif magistrate, visakapatnam attaching the salary of the petitioner for not paying the maintenance according to the decree in m.c. no. 11 of 1983.1 do not find any illegality in the order. mr. sastry, learned counsel for the petitioner contends that under section 125(3) of the cr. p.c. only movable property can be attached and sold but the salary is not movable property which can be sold and therefore the salary cannot be attached. 1 am unable to agree with this contention. section 125 cr. p.c. is designed to provide maintenance to a party who is unable to support herself or himself. therefore, it is imperative on the part of the person against whom the decree is passed to comply with the decree. section 125(3) cr. p.c. provides for enforcement of the decree and the said section says that any movable property can be attached. the expression movable property must be given wide interpretation. in my opinion the salary cannot be excluded from the category of movable property mentioned in section 125(3) cr. p.c. this is also the view taken by a learned.....

Judgment:

ORDER

K. Amareswari, J.

1. This is a petition under Section 397 of the Code of Criminal Procedure to revise the order of the II Addl. Munsif Magistrate, Visakapatnam attaching the salary of the petitioner for not paying the maintenance according to the decree in M.C. No. 11 of 1983.1 do not find any illegality in the order. Mr. Sastry, learned Counsel for the petitioner contends that under Section 125(3) of the Cr. P.C. only movable property can be attached and sold but the salary is not movable property which can be sold and therefore the salary cannot be attached. 1 am unable to agree with this contention. Section 125 Cr. P.C. is designed to provide maintenance to a party who is unable to support herself or himself. Therefore, it is imperative on the part of the person against whom the decree is passed to comply with the decree. Section 125(3) Cr. P.C. provides for enforcement of the decree and the said section says that any movable property can be attached. The expression movable property must be given wide interpretation. In my opinion the salary cannot be excluded from the category of movable property mentioned in Section 125(3) Cr. P.C. This is also the view taken by a learned single -Judge in Ahmed Pasha v. Wajid Unnissa Wajeeda Begum (1983) 1 APLJ (HC) 42 : 1983 Cri LJ 479. The revision is, therefore dismissed.

2. It is represented that Crl. R.C. 192 of 1985 filed against the order in M.C. 11 of 1983 is still pending. Post Crl. R.C. 192 of 1985 for final hearing as expeditiously as possible.