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Thomas Short and ors. Vs. Jane Pickering

Thomas Short and ors. vs Jane Pickering

Type Court Judgment Court Chennai Decided Dec 08, 1882
~1 min read
https://sooperkanoon.com/case/786915

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Citation
Court
Chennai
Judge
Decided On
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

Civil Procedure Code, 1877, Section 503 - Management of business by receiver-Claim by servant for prior arrears of wages on assets of firm. -

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

Thomas Short and ors.

Respondent

Jane Pickering

Legal References

Reported In
(1883)ILR6Mad138

Excerpt

civil procedure code, 1877, section 503 - management of business by receiver-claim by servant for prior arrears of wages on assets of firm. - charles a. turner, kt., c.j. and muttusami ayyar, j.1. there is no provision in the procedure code authorizing the court to allow a lien for wages on the assets of a judgment-debtor,2. we are, therefore, reluctantly compelled to vary the order of judicial commissioner as regards rs. 317-9-1, wages due before the appointment of the receiver; but, in other respects, we shall, affirm it.3. the receiver at first accepted the., services of the respondent and did not vary the terms of her engagement. she is entitled to receive in 'full put of the estate the wages earned by her and the bonus to which she became entitled by reason of her summary dismissal. she is also entitled to be paid the sums expended by her in carrying on the-business under the receiver.' '.'''4. the order will be varied accordingly, and each party will pay his and her costs of this application.

Full Judgment

Charles A. Turner, Kt., C.J. and Muttusami Ayyar, J.

1. There is no provision in the Procedure Code authorizing the Court to allow a lien for wages on the assets of a judgment-debtor,

2. We are, therefore, reluctantly compelled to vary the order of Judicial Commissioner as regards Rs. 317-9-1, wages due before the appointment of the receiver; but, in other respects, we shall, affirm it.

3. The receiver at first accepted the., services of the respondent and did not vary the terms of her engagement. She is entitled to receive in 'full put of the estate the wages earned by her and the bonus to which she became entitled by reason of her summary dismissal. She is also entitled to be paid the sums expended by her in carrying on the-business under the receiver.' '.'''

4. The order will be varied accordingly, and each party will pay his and her costs of this application.

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