Semantic Analysis by spaCy
Bhargavan Pillai Vs. Special Dy. Tahsildar
Decided On : Jun-23-2003
Court : Kerala
Notice (8): Undefined index: topics [APP/View/Case/meta.ctp, line 36]Code Context$shops2 = $shops['topics'];$viewFile = '/home/legalcrystal/app/View/Case/meta.ctp' $dataForView = array( 'title_for_layout' => 'Bhargavan Pillai Vs. Special Dy. Tahsildar Semantic Analysis', 'shops' => array( 'LAW' => array( (int) 0 => 'Section 60(1', (int) 1 => 'the Civil Procedure Code', (int) 2 => 'Section 80', (int) 3 => 'Section 60(1)(i', (int) 4 => 'Section 80', (int) 5 => 'Section 60(1)(i', (int) 6 => 'Section 60', (int) 7 => 'Section 60(1)(i', (int) 8 => 'Section 60(1)(i', (int) 9 => 'Section 80', (int) 10 => 'Section 2(j', (int) 11 => 'Section 80', (int) 12 => 'Revenue Recovery Act', (int) 13 => 'Section 71', (int) 14 => 'the RR Act', (int) 15 => 'Section 80', (int) 16 => 'Section 60(1)(i', (int) 17 => 'the Revenue Recovery Act', (int) 18 => 'Section 71', (int) 19 => 'the RevenueRecovery Act', (int) 20 => 'Section 71', (int) 21 => 'Section 80', (int) 22 => 'Section 80', (int) 23 => 'Section 80', (int) 24 => 'Revenue Recovery Act', (int) 25 => 'Section 60(1)(i', (int) 26 => 'Section 60(1)(i', (int) 27 => 'Section 60(1)(i', (int) 28 => 'Section 2(j', (int) 29 => 'Section 71', (int) 30 => 'the Revenue Recovery Act', (int) 31 => 'Section 60', (int) 32 => 'Section 60(1)(i', (int) 33 => 'Section 60(1)(i', (int) 34 => 'Section 60(1)(i', (int) 35 => 'Section 60(1)(i', (int) 36 => 'Section 80' ), 'PERSON' => array( (int) 0 => 'C.N. Ramachandran Nair', (int) 1 => 'Exts', (int) 2 => 'Gazette' ), 'NORP' => array( (int) 0 => 'J.1', (int) 1 => 'KSFE', (int) 2 => 'KSFE', (int) 3 => 'KSFE' ), 'ORG' => array( (int) 0 => 'KSRTC', (int) 1 => 'KSRTC', (int) 2 => 'KSRTC', (int) 3 => 'the Standing counsel', (int) 4 => 'KSFE', (int) 5 => 'CPC', (int) 6 => 'Societies', (int) 7 => 'Provident Fund', (int) 8 => 'CPC', (int) 9 => 'Notification S.R.O.250/70', (int) 10 => 'CPC', (int) 11 => 'Government Notification S.R.O.250/70', (int) 12 => 'CPC', (int) 13 => 'CPC', (int) 14 => 'CPC' ), 'CARDINAL' => array( (int) 0 => 'three', (int) 1 => 'three', (int) 2 => '40,000', (int) 3 => '50,000', (int) 4 => 'arrear', (int) 5 => 'two-third' ), 'DATE' => array( (int) 0 => '1908', (int) 1 => '1908)'.6' ), 'ORDINAL' => array( (int) 0 => 'first' ) ), 'desc' => array( 'Judgement' => array( 'id' => '728735', 'acts' => '<a href="/act/135574/the-kerala-revenue-recovery-act-1968-1-complete-act">Kerala Revenue Recovery Act, 1968</a> - Sections 2, 71 and 80; <a href="/act/51117/code-of-civil-procedure-1908-complete-act">Code of Civil Procedure (CPC) , 1908</a> - Sections 60(1)', 'appealno' => 'W.R.(C) No. 16329 of 2003', 'appellant' => 'Bhargavan Pillai', 'authreffered' => '', 'casename' => 'Bhargavan Pillai Vs. Special Dy. Tahsildar', 'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]: [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959. - 50,000 each knowing well that in the event of default, petitioner's salary will be subject to recovery proceedings and even though there is no specific agreement, petitioner has virtually waived his right under Section 60 of the CPC and he cannot raise his objections in recovery proceedings. The Government may by notification in the Gazette declare, if they are satisfied that it is necessary to do so in public interest, that the provisions of this Act shall be applicable to the recovery of amounts due from any person of class of persons to any specified institution of any class or classes of institutions and thereupon all the provisions of this Act shall be applicable to such recovery'.5. It is very clear from the above provision that once revenue recovery proceedings are initiated for recovery of any amount pursuant to notification issued all the provisions of the Revenue Recovery Act shall apply to such proceedings. If such an interpretation is there the very objection of the limit on attachment of salary and protection given to the employees under Section 60(1)(i) of CPC will be defeated.', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => ' K. Subash Chandra Bose, Adv.', 'counseldef' => ' Raju Joseph, Adv.', 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2003-06-23', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => ' C.N. Ramachandran Nair, J.', 'judgement' => '<p style="text-align: justify;">C.N. Ramachandran Nair, J.</p><p style="text-align: justify;">1. The petitioner, who is a driver employed with KSRTC is challenging revenue recovery proceedings initiated wide Exts.P2, P4 and P6 for recovery of arrears of loan amount defaulted by the debtors for whom petitioner was a surety. The recovery proceedings initiated against the petitioner is attachment of salary through the employer namely, KSRTC. The challenge is confined to recovery proceedings by way of attachment of salary through employer, KSRTC over the limits prescribed by Section 60(1) of the Civil Procedure Code read with Section 80 of the Revenue Recovery Act. I heard the counsel for the petitioner and the Standing counsel for the KSFE. While the contention of the petitioner is that Section 60(1)(i) is applicable by virtue of operation of Section 80 of the Revenue Recovery Act and petitioner's salary should not be attached over the limits prescribed under Section 60(1)(i) that too, only within the limited period, the standing counsel appearing for KSFE has submitted that petitioner had stood as surety for three loans taken by three individuals for Rs. 40,000 and Rs. 50,000 each knowing well that in the event of default, petitioner's salary will be subject to recovery proceedings and even though there is no specific agreement, petitioner has virtually waived his right under Section 60 of the CPC and he cannot raise his objections in recovery proceedings. His further contention is that the scope of the suretyship agreement itself is an undertaking by the surety to pay the debts in the event the debtor defaults. Therefore according to him the petitioners cannot be permitted to raise the objection against attachment through the employer on account of default by the debtors.</p><p style="text-align: justify;">2. Another contention raised by the standing counsel is that much of the recoveries are on account of debts payable by the Co-operative Societies and other institutions, Provident Fund etc., which cannot be taken into account for the purpose of fixing the gross salary with reference to which recovery is permissible assuming Section 60(1)(i) limitations apply.</p><p style="text-align: justify;">3. A further contention raised by the standing counsel is that the application of Section 60(1)(i) of CPC is by virtue of operation of Section 80 which applies only for recovery of public revenue due under land and the debt due to financial enterprise does not answer the description of this as defined under Section 2(j) of the Revenue Recovery Act. The contention of the counsel for the petitioner on the other hand is that Section 80 applies to all proceedings initiated under Revenue Recovery Act and recovery proceedings initiated pursuant to notification for recovery of arrears due to KSFE pursuant to Notification S.R.O.250/70 issued under Section 71 of the RR Act is also covered by Section 80 and according to him, the limitation of Section 60(1)(i) of CPC squarely applies to all recovery proceedings initiated under the Revenue Recovery Act irrespective of the nature of liability sought to be recovered and the beneficiary of such amounts.</p><p style="text-align: justify;">4. The recovery proceedings are initiated for recovery of arrears due from KSFEby virtue of Government Notification S.R.O.250/70 issued under Section 71 of the RevenueRecovery Act. Section 71 of the Revenue Recovery Act under which notification is issuedreads as follows.</p><p style="text-align: justify;">'The Government may by notification in the Gazette declare, if they are satisfied that it is necessary to do so in public interest, that the provisions of this Act shall be applicable to the recovery of amounts due from any person of class of persons to any specified institution of any class or classes of institutions and thereupon all the provisions of this Act shall be applicable to such recovery'.</p><p style="text-align: justify;">5. It is very clear from the above provision that once revenue recovery proceedings are initiated for recovery of any amount pursuant to notification issued all the provisions of the Revenue Recovery Act shall apply to such proceedings. Section 80 specifically provides for attachment of salary and debts of the defaulters. It is specifically provided in Section 80 of the Revenue Recovery Act that:</p><p style="text-align: justify;">'The salaries or allowances and debts due to a defaulter may be attached and realised for the recovery from him of any arrear of public revenue due on land in the manner and to the extent provided for attachment and realisation of debts and salaries in the Code of Civil Procedure, 1908 (Central Act5 of 1908)'.</p><p style="text-align: justify;">6. It is to be noted that by virtue of Section 80, the manner and extent provided under CPC are squarely made applicable to all recovery proceedings under Revenue Recovery Act. There is no dispute that Section 60(1)(i) provides very strict limitations for attachment of salary such as period for which continuous attachment can be claimed and the extent of attachment whereunder the first Rs. 1000 and two-third of the balance are impugned from attachment. Therefore the ceiling provided in Section 60(1)(i) for attachment of salary and period prescribed thereon are part of public policy and is to protect employees who happen to be debtors. The statutory minimum left to the employee is for survival after attachment failing which he will not be able to even continue in employment. No distinction is there for the application of Section 60(1)(i) depending on the nature of the debt. Therefore whether the amount sought to be recovered is debt decreed by court or whether the amount is public revenue due on land as defined under Section 2(j) of the Act or whether the amount due is for any financial institution of any agency which have been authorised to recover the amount in exercise of power under Section 71 of the Revenue Recovery Act, the same do not make any difference as regards the applicability of Section 60(1)(i) which is made applicable to all proceedings under the Revenue Recovery Act. Therefore I do not think the contention of the standing counsel for the KSFE that Section 60 read with Section 60(1)(i) applies only to public revenue due on land can be accepted. If such an interpretation is there the very objection of the limit on attachment of salary and protection given to the employees under Section 60(1)(i) of CPC will be defeated. Therefore I am of the view that ceiling of the attachment under Section 60(1)(i) applies to all kinds of revenue recovery irrespective of the nature of debt sought to be recovered under beneficiary for whom recovery is taken. The protection claimed by the petitioner against attachment over the limits proscribed under Section 60(1)(i) of CPC by virtue of Section 80 of the Revenue Recovery Act is sustainable. However limitations should be with reference to gross salary and to the net salary after all deductions including recoveries for other loans. The respondents will continue recovering from petitioner's salary subject to limits as above.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'I(2004)BC324; 2003(3)KLT753', 'ratiodecidendi' => '', 'respondent' => 'Special Dy. Tahsildar', 'sub' => 'Civil', 'link' => null, 'circuit' => null ) ), 'args' => array( (int) 0 => '728735' ) ) $title_for_layout = 'Bhargavan Pillai Vs. Special Dy. 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Ramachandran Nair', (int) 1 => 'Exts', (int) 2 => 'Gazette' ), 'NORP' => array( (int) 0 => 'J.1', (int) 1 => 'KSFE', (int) 2 => 'KSFE', (int) 3 => 'KSFE' ), 'ORG' => array( (int) 0 => 'KSRTC', (int) 1 => 'KSRTC', (int) 2 => 'KSRTC', (int) 3 => 'the Standing counsel', (int) 4 => 'KSFE', (int) 5 => 'CPC', (int) 6 => 'Societies', (int) 7 => 'Provident Fund', (int) 8 => 'CPC', (int) 9 => 'Notification S.R.O.250/70', (int) 10 => 'CPC', (int) 11 => 'Government Notification S.R.O.250/70', (int) 12 => 'CPC', (int) 13 => 'CPC', (int) 14 => 'CPC' ), 'CARDINAL' => array( (int) 0 => 'three', (int) 1 => 'three', (int) 2 => '40,000', (int) 3 => '50,000', (int) 4 => 'arrear', (int) 5 => 'two-third' ), 'DATE' => array( (int) 0 => '1908', (int) 1 => '1908)'.6' ), 'ORDINAL' => array( (int) 0 => 'first' ) ) $desc = array( 'Judgement' => array( 'id' => '728735', 'acts' => '<a href="/act/135574/the-kerala-revenue-recovery-act-1968-1-complete-act">Kerala Revenue Recovery Act, 1968</a> - Sections 2, 71 and 80; <a href="/act/51117/code-of-civil-procedure-1908-complete-act">Code of Civil Procedure (CPC) , 1908</a> - Sections 60(1)', 'appealno' => 'W.R.(C) No. 16329 of 2003', 'appellant' => 'Bhargavan Pillai', 'authreffered' => '', 'casename' => 'Bhargavan Pillai Vs. Special Dy. Tahsildar', 'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]: [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959. - 50,000 each knowing well that in the event of default, petitioner's salary will be subject to recovery proceedings and even though there is no specific agreement, petitioner has virtually waived his right under Section 60 of the CPC and he cannot raise his objections in recovery proceedings. The Government may by notification in the Gazette declare, if they are satisfied that it is necessary to do so in public interest, that the provisions of this Act shall be applicable to the recovery of amounts due from any person of class of persons to any specified institution of any class or classes of institutions and thereupon all the provisions of this Act shall be applicable to such recovery'.5. It is very clear from the above provision that once revenue recovery proceedings are initiated for recovery of any amount pursuant to notification issued all the provisions of the Revenue Recovery Act shall apply to such proceedings. If such an interpretation is there the very objection of the limit on attachment of salary and protection given to the employees under Section 60(1)(i) of CPC will be defeated.', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => ' K. Subash Chandra Bose, Adv.', 'counseldef' => ' Raju Joseph, Adv.', 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2003-06-23', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => ' C.N. Ramachandran Nair, J.', 'judgement' => '<p style="text-align: justify;">C.N. Ramachandran Nair, J.</p><p style="text-align: justify;">1. The petitioner, who is a driver employed with KSRTC is challenging revenue recovery proceedings initiated wide Exts.P2, P4 and P6 for recovery of arrears of loan amount defaulted by the debtors for whom petitioner was a surety. The recovery proceedings initiated against the petitioner is attachment of salary through the employer namely, KSRTC. The challenge is confined to recovery proceedings by way of attachment of salary through employer, KSRTC over the limits prescribed by Section 60(1) of the Civil Procedure Code read with Section 80 of the Revenue Recovery Act. I heard the counsel for the petitioner and the Standing counsel for the KSFE. While the contention of the petitioner is that Section 60(1)(i) is applicable by virtue of operation of Section 80 of the Revenue Recovery Act and petitioner's salary should not be attached over the limits prescribed under Section 60(1)(i) that too, only within the limited period, the standing counsel appearing for KSFE has submitted that petitioner had stood as surety for three loans taken by three individuals for Rs. 40,000 and Rs. 50,000 each knowing well that in the event of default, petitioner's salary will be subject to recovery proceedings and even though there is no specific agreement, petitioner has virtually waived his right under Section 60 of the CPC and he cannot raise his objections in recovery proceedings. His further contention is that the scope of the suretyship agreement itself is an undertaking by the surety to pay the debts in the event the debtor defaults. Therefore according to him the petitioners cannot be permitted to raise the objection against attachment through the employer on account of default by the debtors.</p><p style="text-align: justify;">2. Another contention raised by the standing counsel is that much of the recoveries are on account of debts payable by the Co-operative Societies and other institutions, Provident Fund etc., which cannot be taken into account for the purpose of fixing the gross salary with reference to which recovery is permissible assuming Section 60(1)(i) limitations apply.</p><p style="text-align: justify;">3. A further contention raised by the standing counsel is that the application of Section 60(1)(i) of CPC is by virtue of operation of Section 80 which applies only for recovery of public revenue due under land and the debt due to financial enterprise does not answer the description of this as defined under Section 2(j) of the Revenue Recovery Act. The contention of the counsel for the petitioner on the other hand is that Section 80 applies to all proceedings initiated under Revenue Recovery Act and recovery proceedings initiated pursuant to notification for recovery of arrears due to KSFE pursuant to Notification S.R.O.250/70 issued under Section 71 of the RR Act is also covered by Section 80 and according to him, the limitation of Section 60(1)(i) of CPC squarely applies to all recovery proceedings initiated under the Revenue Recovery Act irrespective of the nature of liability sought to be recovered and the beneficiary of such amounts.</p><p style="text-align: justify;">4. The recovery proceedings are initiated for recovery of arrears due from KSFEby virtue of Government Notification S.R.O.250/70 issued under Section 71 of the RevenueRecovery Act. Section 71 of the Revenue Recovery Act under which notification is issuedreads as follows.</p><p style="text-align: justify;">'The Government may by notification in the Gazette declare, if they are satisfied that it is necessary to do so in public interest, that the provisions of this Act shall be applicable to the recovery of amounts due from any person of class of persons to any specified institution of any class or classes of institutions and thereupon all the provisions of this Act shall be applicable to such recovery'.</p><p style="text-align: justify;">5. It is very clear from the above provision that once revenue recovery proceedings are initiated for recovery of any amount pursuant to notification issued all the provisions of the Revenue Recovery Act shall apply to such proceedings. Section 80 specifically provides for attachment of salary and debts of the defaulters. It is specifically provided in Section 80 of the Revenue Recovery Act that:</p><p style="text-align: justify;">'The salaries or allowances and debts due to a defaulter may be attached and realised for the recovery from him of any arrear of public revenue due on land in the manner and to the extent provided for attachment and realisation of debts and salaries in the Code of Civil Procedure, 1908 (Central Act5 of 1908)'.</p><p style="text-align: justify;">6. It is to be noted that by virtue of Section 80, the manner and extent provided under CPC are squarely made applicable to all recovery proceedings under Revenue Recovery Act. There is no dispute that Section 60(1)(i) provides very strict limitations for attachment of salary such as period for which continuous attachment can be claimed and the extent of attachment whereunder the first Rs. 1000 and two-third of the balance are impugned from attachment. Therefore the ceiling provided in Section 60(1)(i) for attachment of salary and period prescribed thereon are part of public policy and is to protect employees who happen to be debtors. The statutory minimum left to the employee is for survival after attachment failing which he will not be able to even continue in employment. No distinction is there for the application of Section 60(1)(i) depending on the nature of the debt. Therefore whether the amount sought to be recovered is debt decreed by court or whether the amount is public revenue due on land as defined under Section 2(j) of the Act or whether the amount due is for any financial institution of any agency which have been authorised to recover the amount in exercise of power under Section 71 of the Revenue Recovery Act, the same do not make any difference as regards the applicability of Section 60(1)(i) which is made applicable to all proceedings under the Revenue Recovery Act. Therefore I do not think the contention of the standing counsel for the KSFE that Section 60 read with Section 60(1)(i) applies only to public revenue due on land can be accepted. If such an interpretation is there the very objection of the limit on attachment of salary and protection given to the employees under Section 60(1)(i) of CPC will be defeated. Therefore I am of the view that ceiling of the attachment under Section 60(1)(i) applies to all kinds of revenue recovery irrespective of the nature of debt sought to be recovered under beneficiary for whom recovery is taken. The protection claimed by the petitioner against attachment over the limits proscribed under Section 60(1)(i) of CPC by virtue of Section 80 of the Revenue Recovery Act is sustainable. However limitations should be with reference to gross salary and to the net salary after all deductions including recoveries for other loans. The respondents will continue recovering from petitioner's salary subject to limits as above.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'I(2004)BC324; 2003(3)KLT753', 'ratiodecidendi' => '', 'respondent' => 'Special Dy. Tahsildar', 'sub' => 'Civil', 'link' => null, 'circuit' => null ) ) $args = array( (int) 0 => '728735' ) $pattern = '/\(((0[1-9]|[12][0-9]|3[01])[.](0[1-9]|1[012])[.](17|18|19|20)[0-9]{2}).*\)/'include - APP/View/Case/meta.ctp, line 36 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Warning (2): Invalid argument supplied for foreach() [APP/View/Case/meta.ctp, line 39]Code Context//$shops = $shops['entities'];foreach ($shops2 as $key => $val) {$viewFile = '/home/legalcrystal/app/View/Case/meta.ctp' $dataForView = array( 'title_for_layout' => 'Bhargavan Pillai Vs. Special Dy. 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Ramachandran Nair', (int) 1 => 'Exts', (int) 2 => 'Gazette' ), 'NORP' => array( (int) 0 => 'J.1', (int) 1 => 'KSFE', (int) 2 => 'KSFE', (int) 3 => 'KSFE' ), 'ORG' => array( (int) 0 => 'KSRTC', (int) 1 => 'KSRTC', (int) 2 => 'KSRTC', (int) 3 => 'the Standing counsel', (int) 4 => 'KSFE', (int) 5 => 'CPC', (int) 6 => 'Societies', (int) 7 => 'Provident Fund', (int) 8 => 'CPC', (int) 9 => 'Notification S.R.O.250/70', (int) 10 => 'CPC', (int) 11 => 'Government Notification S.R.O.250/70', (int) 12 => 'CPC', (int) 13 => 'CPC', (int) 14 => 'CPC' ), 'CARDINAL' => array( (int) 0 => 'three', (int) 1 => 'three', (int) 2 => '40,000', (int) 3 => '50,000', (int) 4 => 'arrear', (int) 5 => 'two-third' ), 'DATE' => array( (int) 0 => '1908', (int) 1 => '1908)'.6' ), 'ORDINAL' => array( (int) 0 => 'first' ) ), 'desc' => array( 'Judgement' => array( 'id' => '728735', 'acts' => '<a href="/act/135574/the-kerala-revenue-recovery-act-1968-1-complete-act">Kerala Revenue Recovery Act, 1968</a> - Sections 2, 71 and 80; <a href="/act/51117/code-of-civil-procedure-1908-complete-act">Code of Civil Procedure (CPC) , 1908</a> - Sections 60(1)', 'appealno' => 'W.R.(C) No. 16329 of 2003', 'appellant' => 'Bhargavan Pillai', 'authreffered' => '', 'casename' => 'Bhargavan Pillai Vs. Special Dy. Tahsildar', 'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]: [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959. - 50,000 each knowing well that in the event of default, petitioner's salary will be subject to recovery proceedings and even though there is no specific agreement, petitioner has virtually waived his right under Section 60 of the CPC and he cannot raise his objections in recovery proceedings. The Government may by notification in the Gazette declare, if they are satisfied that it is necessary to do so in public interest, that the provisions of this Act shall be applicable to the recovery of amounts due from any person of class of persons to any specified institution of any class or classes of institutions and thereupon all the provisions of this Act shall be applicable to such recovery'.5. It is very clear from the above provision that once revenue recovery proceedings are initiated for recovery of any amount pursuant to notification issued all the provisions of the Revenue Recovery Act shall apply to such proceedings. If such an interpretation is there the very objection of the limit on attachment of salary and protection given to the employees under Section 60(1)(i) of CPC will be defeated.', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => ' K. Subash Chandra Bose, Adv.', 'counseldef' => ' Raju Joseph, Adv.', 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2003-06-23', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => ' C.N. Ramachandran Nair, J.', 'judgement' => '<p style="text-align: justify;">C.N. Ramachandran Nair, J.</p><p style="text-align: justify;">1. The petitioner, who is a driver employed with KSRTC is challenging revenue recovery proceedings initiated wide Exts.P2, P4 and P6 for recovery of arrears of loan amount defaulted by the debtors for whom petitioner was a surety. The recovery proceedings initiated against the petitioner is attachment of salary through the employer namely, KSRTC. The challenge is confined to recovery proceedings by way of attachment of salary through employer, KSRTC over the limits prescribed by Section 60(1) of the Civil Procedure Code read with Section 80 of the Revenue Recovery Act. I heard the counsel for the petitioner and the Standing counsel for the KSFE. While the contention of the petitioner is that Section 60(1)(i) is applicable by virtue of operation of Section 80 of the Revenue Recovery Act and petitioner's salary should not be attached over the limits prescribed under Section 60(1)(i) that too, only within the limited period, the standing counsel appearing for KSFE has submitted that petitioner had stood as surety for three loans taken by three individuals for Rs. 40,000 and Rs. 50,000 each knowing well that in the event of default, petitioner's salary will be subject to recovery proceedings and even though there is no specific agreement, petitioner has virtually waived his right under Section 60 of the CPC and he cannot raise his objections in recovery proceedings. His further contention is that the scope of the suretyship agreement itself is an undertaking by the surety to pay the debts in the event the debtor defaults. Therefore according to him the petitioners cannot be permitted to raise the objection against attachment through the employer on account of default by the debtors.</p><p style="text-align: justify;">2. Another contention raised by the standing counsel is that much of the recoveries are on account of debts payable by the Co-operative Societies and other institutions, Provident Fund etc., which cannot be taken into account for the purpose of fixing the gross salary with reference to which recovery is permissible assuming Section 60(1)(i) limitations apply.</p><p style="text-align: justify;">3. A further contention raised by the standing counsel is that the application of Section 60(1)(i) of CPC is by virtue of operation of Section 80 which applies only for recovery of public revenue due under land and the debt due to financial enterprise does not answer the description of this as defined under Section 2(j) of the Revenue Recovery Act. The contention of the counsel for the petitioner on the other hand is that Section 80 applies to all proceedings initiated under Revenue Recovery Act and recovery proceedings initiated pursuant to notification for recovery of arrears due to KSFE pursuant to Notification S.R.O.250/70 issued under Section 71 of the RR Act is also covered by Section 80 and according to him, the limitation of Section 60(1)(i) of CPC squarely applies to all recovery proceedings initiated under the Revenue Recovery Act irrespective of the nature of liability sought to be recovered and the beneficiary of such amounts.</p><p style="text-align: justify;">4. The recovery proceedings are initiated for recovery of arrears due from KSFEby virtue of Government Notification S.R.O.250/70 issued under Section 71 of the RevenueRecovery Act. Section 71 of the Revenue Recovery Act under which notification is issuedreads as follows.</p><p style="text-align: justify;">'The Government may by notification in the Gazette declare, if they are satisfied that it is necessary to do so in public interest, that the provisions of this Act shall be applicable to the recovery of amounts due from any person of class of persons to any specified institution of any class or classes of institutions and thereupon all the provisions of this Act shall be applicable to such recovery'.</p><p style="text-align: justify;">5. It is very clear from the above provision that once revenue recovery proceedings are initiated for recovery of any amount pursuant to notification issued all the provisions of the Revenue Recovery Act shall apply to such proceedings. Section 80 specifically provides for attachment of salary and debts of the defaulters. It is specifically provided in Section 80 of the Revenue Recovery Act that:</p><p style="text-align: justify;">'The salaries or allowances and debts due to a defaulter may be attached and realised for the recovery from him of any arrear of public revenue due on land in the manner and to the extent provided for attachment and realisation of debts and salaries in the Code of Civil Procedure, 1908 (Central Act5 of 1908)'.</p><p style="text-align: justify;">6. It is to be noted that by virtue of Section 80, the manner and extent provided under CPC are squarely made applicable to all recovery proceedings under Revenue Recovery Act. There is no dispute that Section 60(1)(i) provides very strict limitations for attachment of salary such as period for which continuous attachment can be claimed and the extent of attachment whereunder the first Rs. 1000 and two-third of the balance are impugned from attachment. Therefore the ceiling provided in Section 60(1)(i) for attachment of salary and period prescribed thereon are part of public policy and is to protect employees who happen to be debtors. The statutory minimum left to the employee is for survival after attachment failing which he will not be able to even continue in employment. No distinction is there for the application of Section 60(1)(i) depending on the nature of the debt. Therefore whether the amount sought to be recovered is debt decreed by court or whether the amount is public revenue due on land as defined under Section 2(j) of the Act or whether the amount due is for any financial institution of any agency which have been authorised to recover the amount in exercise of power under Section 71 of the Revenue Recovery Act, the same do not make any difference as regards the applicability of Section 60(1)(i) which is made applicable to all proceedings under the Revenue Recovery Act. Therefore I do not think the contention of the standing counsel for the KSFE that Section 60 read with Section 60(1)(i) applies only to public revenue due on land can be accepted. If such an interpretation is there the very objection of the limit on attachment of salary and protection given to the employees under Section 60(1)(i) of CPC will be defeated. Therefore I am of the view that ceiling of the attachment under Section 60(1)(i) applies to all kinds of revenue recovery irrespective of the nature of debt sought to be recovered under beneficiary for whom recovery is taken. The protection claimed by the petitioner against attachment over the limits proscribed under Section 60(1)(i) of CPC by virtue of Section 80 of the Revenue Recovery Act is sustainable. However limitations should be with reference to gross salary and to the net salary after all deductions including recoveries for other loans. The respondents will continue recovering from petitioner's salary subject to limits as above.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'I(2004)BC324; 2003(3)KLT753', 'ratiodecidendi' => '', 'respondent' => 'Special Dy. Tahsildar', 'sub' => 'Civil', 'link' => null, 'circuit' => null ) ), 'args' => array( (int) 0 => '728735' ) ) $title_for_layout = 'Bhargavan Pillai Vs. Special Dy. Tahsildar Semantic Analysis' $shops = array( 'LAW' => array( (int) 0 => 'Section 60(1', (int) 1 => 'the Civil Procedure Code', (int) 2 => 'Section 80', (int) 3 => 'Section 60(1)(i', (int) 4 => 'Section 80', (int) 5 => 'Section 60(1)(i', (int) 6 => 'Section 60', (int) 7 => 'Section 60(1)(i', (int) 8 => 'Section 60(1)(i', (int) 9 => 'Section 80', (int) 10 => 'Section 2(j', (int) 11 => 'Section 80', (int) 12 => 'Revenue Recovery Act', (int) 13 => 'Section 71', (int) 14 => 'the RR Act', (int) 15 => 'Section 80', (int) 16 => 'Section 60(1)(i', (int) 17 => 'the Revenue Recovery Act', (int) 18 => 'Section 71', (int) 19 => 'the RevenueRecovery Act', (int) 20 => 'Section 71', (int) 21 => 'Section 80', (int) 22 => 'Section 80', (int) 23 => 'Section 80', (int) 24 => 'Revenue Recovery Act', (int) 25 => 'Section 60(1)(i', (int) 26 => 'Section 60(1)(i', (int) 27 => 'Section 60(1)(i', (int) 28 => 'Section 2(j', (int) 29 => 'Section 71', (int) 30 => 'the Revenue Recovery Act', (int) 31 => 'Section 60', (int) 32 => 'Section 60(1)(i', (int) 33 => 'Section 60(1)(i', (int) 34 => 'Section 60(1)(i', (int) 35 => 'Section 60(1)(i', (int) 36 => 'Section 80' ), 'PERSON' => array( (int) 0 => 'C.N. Ramachandran Nair', (int) 1 => 'Exts', (int) 2 => 'Gazette' ), 'NORP' => array( (int) 0 => 'J.1', (int) 1 => 'KSFE', (int) 2 => 'KSFE', (int) 3 => 'KSFE' ), 'ORG' => array( (int) 0 => 'KSRTC', (int) 1 => 'KSRTC', (int) 2 => 'KSRTC', (int) 3 => 'the Standing counsel', (int) 4 => 'KSFE', (int) 5 => 'CPC', (int) 6 => 'Societies', (int) 7 => 'Provident Fund', (int) 8 => 'CPC', (int) 9 => 'Notification S.R.O.250/70', (int) 10 => 'CPC', (int) 11 => 'Government Notification S.R.O.250/70', (int) 12 => 'CPC', (int) 13 => 'CPC', (int) 14 => 'CPC' ), 'CARDINAL' => array( (int) 0 => 'three', (int) 1 => 'three', (int) 2 => '40,000', (int) 3 => '50,000', (int) 4 => 'arrear', (int) 5 => 'two-third' ), 'DATE' => array( (int) 0 => '1908', (int) 1 => '1908)'.6' ), 'ORDINAL' => array( (int) 0 => 'first' ) ) $desc = array( 'Judgement' => array( 'id' => '728735', 'acts' => '<a href="/act/135574/the-kerala-revenue-recovery-act-1968-1-complete-act">Kerala Revenue Recovery Act, 1968</a> - Sections 2, 71 and 80; <a href="/act/51117/code-of-civil-procedure-1908-complete-act">Code of Civil Procedure (CPC) , 1908</a> - Sections 60(1)', 'appealno' => 'W.R.(C) No. 16329 of 2003', 'appellant' => 'Bhargavan Pillai', 'authreffered' => '', 'casename' => 'Bhargavan Pillai Vs. Special Dy. Tahsildar', 'casenote' => ' - CODE OF CIVIL PROCEDURE, 1908.[C.A. No. 5/1908]. Section 100-A [As substituted by C.P.C. Amendment Act, 2002]: [V.K. Bali, CJ, Kurian Joseph & K. Balakrishnan Nair, JJ] Applicability Held, Section is not retrospective. All appeals filed prior to 1.7.2002 are competent. But subsequent to 1.7.2002 intro Court appeals against judgment of single Judge is not maintainable. Provisions of Section 100-A, C.P.C., will prevail over the provisions contained in the Kerala High Court Act, 1959. - 50,000 each knowing well that in the event of default, petitioner's salary will be subject to recovery proceedings and even though there is no specific agreement, petitioner has virtually waived his right under Section 60 of the CPC and he cannot raise his objections in recovery proceedings. The Government may by notification in the Gazette declare, if they are satisfied that it is necessary to do so in public interest, that the provisions of this Act shall be applicable to the recovery of amounts due from any person of class of persons to any specified institution of any class or classes of institutions and thereupon all the provisions of this Act shall be applicable to such recovery'.5. It is very clear from the above provision that once revenue recovery proceedings are initiated for recovery of any amount pursuant to notification issued all the provisions of the Revenue Recovery Act shall apply to such proceedings. If such an interpretation is there the very objection of the limit on attachment of salary and protection given to the employees under Section 60(1)(i) of CPC will be defeated.', 'caseanalysis' => null, 'casesref' => '', 'citingcases' => '', 'counselplain' => ' K. Subash Chandra Bose, Adv.', 'counseldef' => ' Raju Joseph, Adv.', 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2003-06-23', 'deposition' => '', 'favorof' => null, 'findings' => null, 'judge' => ' C.N. Ramachandran Nair, J.', 'judgement' => '<p style="text-align: justify;">C.N. Ramachandran Nair, J.</p><p style="text-align: justify;">1. The petitioner, who is a driver employed with KSRTC is challenging revenue recovery proceedings initiated wide Exts.P2, P4 and P6 for recovery of arrears of loan amount defaulted by the debtors for whom petitioner was a surety. The recovery proceedings initiated against the petitioner is attachment of salary through the employer namely, KSRTC. The challenge is confined to recovery proceedings by way of attachment of salary through employer, KSRTC over the limits prescribed by Section 60(1) of the Civil Procedure Code read with Section 80 of the Revenue Recovery Act. I heard the counsel for the petitioner and the Standing counsel for the KSFE. While the contention of the petitioner is that Section 60(1)(i) is applicable by virtue of operation of Section 80 of the Revenue Recovery Act and petitioner's salary should not be attached over the limits prescribed under Section 60(1)(i) that too, only within the limited period, the standing counsel appearing for KSFE has submitted that petitioner had stood as surety for three loans taken by three individuals for Rs. 40,000 and Rs. 50,000 each knowing well that in the event of default, petitioner's salary will be subject to recovery proceedings and even though there is no specific agreement, petitioner has virtually waived his right under Section 60 of the CPC and he cannot raise his objections in recovery proceedings. His further contention is that the scope of the suretyship agreement itself is an undertaking by the surety to pay the debts in the event the debtor defaults. Therefore according to him the petitioners cannot be permitted to raise the objection against attachment through the employer on account of default by the debtors.</p><p style="text-align: justify;">2. Another contention raised by the standing counsel is that much of the recoveries are on account of debts payable by the Co-operative Societies and other institutions, Provident Fund etc., which cannot be taken into account for the purpose of fixing the gross salary with reference to which recovery is permissible assuming Section 60(1)(i) limitations apply.</p><p style="text-align: justify;">3. A further contention raised by the standing counsel is that the application of Section 60(1)(i) of CPC is by virtue of operation of Section 80 which applies only for recovery of public revenue due under land and the debt due to financial enterprise does not answer the description of this as defined under Section 2(j) of the Revenue Recovery Act. The contention of the counsel for the petitioner on the other hand is that Section 80 applies to all proceedings initiated under Revenue Recovery Act and recovery proceedings initiated pursuant to notification for recovery of arrears due to KSFE pursuant to Notification S.R.O.250/70 issued under Section 71 of the RR Act is also covered by Section 80 and according to him, the limitation of Section 60(1)(i) of CPC squarely applies to all recovery proceedings initiated under the Revenue Recovery Act irrespective of the nature of liability sought to be recovered and the beneficiary of such amounts.</p><p style="text-align: justify;">4. The recovery proceedings are initiated for recovery of arrears due from KSFEby virtue of Government Notification S.R.O.250/70 issued under Section 71 of the RevenueRecovery Act. Section 71 of the Revenue Recovery Act under which notification is issuedreads as follows.</p><p style="text-align: justify;">'The Government may by notification in the Gazette declare, if they are satisfied that it is necessary to do so in public interest, that the provisions of this Act shall be applicable to the recovery of amounts due from any person of class of persons to any specified institution of any class or classes of institutions and thereupon all the provisions of this Act shall be applicable to such recovery'.</p><p style="text-align: justify;">5. It is very clear from the above provision that once revenue recovery proceedings are initiated for recovery of any amount pursuant to notification issued all the provisions of the Revenue Recovery Act shall apply to such proceedings. Section 80 specifically provides for attachment of salary and debts of the defaulters. It is specifically provided in Section 80 of the Revenue Recovery Act that:</p><p style="text-align: justify;">'The salaries or allowances and debts due to a defaulter may be attached and realised for the recovery from him of any arrear of public revenue due on land in the manner and to the extent provided for attachment and realisation of debts and salaries in the Code of Civil Procedure, 1908 (Central Act5 of 1908)'.</p><p style="text-align: justify;">6. It is to be noted that by virtue of Section 80, the manner and extent provided under CPC are squarely made applicable to all recovery proceedings under Revenue Recovery Act. There is no dispute that Section 60(1)(i) provides very strict limitations for attachment of salary such as period for which continuous attachment can be claimed and the extent of attachment whereunder the first Rs. 1000 and two-third of the balance are impugned from attachment. Therefore the ceiling provided in Section 60(1)(i) for attachment of salary and period prescribed thereon are part of public policy and is to protect employees who happen to be debtors. The statutory minimum left to the employee is for survival after attachment failing which he will not be able to even continue in employment. No distinction is there for the application of Section 60(1)(i) depending on the nature of the debt. Therefore whether the amount sought to be recovered is debt decreed by court or whether the amount is public revenue due on land as defined under Section 2(j) of the Act or whether the amount due is for any financial institution of any agency which have been authorised to recover the amount in exercise of power under Section 71 of the Revenue Recovery Act, the same do not make any difference as regards the applicability of Section 60(1)(i) which is made applicable to all proceedings under the Revenue Recovery Act. Therefore I do not think the contention of the standing counsel for the KSFE that Section 60 read with Section 60(1)(i) applies only to public revenue due on land can be accepted. If such an interpretation is there the very objection of the limit on attachment of salary and protection given to the employees under Section 60(1)(i) of CPC will be defeated. Therefore I am of the view that ceiling of the attachment under Section 60(1)(i) applies to all kinds of revenue recovery irrespective of the nature of debt sought to be recovered under beneficiary for whom recovery is taken. The protection claimed by the petitioner against attachment over the limits proscribed under Section 60(1)(i) of CPC by virtue of Section 80 of the Revenue Recovery Act is sustainable. However limitations should be with reference to gross salary and to the net salary after all deductions including recoveries for other loans. The respondents will continue recovering from petitioner's salary subject to limits as above.<p style="text-align: justify;"></p><p style="text-align: justify;">', 'observations' => null, 'overruledby' => null, 'prhistory' => '', 'pubs' => 'I(2004)BC324; 2003(3)KLT753', 'ratiodecidendi' => '', 'respondent' => 'Special Dy. Tahsildar', 'sub' => 'Civil', 'link' => null, 'circuit' => null ) ) $args = array( (int) 0 => '728735' ) $pattern = '/\(((0[1-9]|[12][0-9]|3[01])[.](0[1-9]|1[012])[.](17|18|19|20)[0-9]{2}).*\)/' $shops2 = nullinclude - APP/View/Case/meta.ctp, line 39 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
LAW: Section 60(1, the Civil Procedure Code, Section 80, Section 60(1)(i, Section 80, Section 60(1)(i, Section 60, Section 60(1)(i, Section 60(1)(i, Section 80, Section 2(j, Section 80, Revenue Recovery Act, Section 71, the RR Act, Section 80, Section 60(1)(i, the Revenue Recovery Act, Section 71, the RevenueRecovery Act, Section 71, Section 80, Section 80, Section 80, Revenue Recovery Act, Section 60(1)(i, Section 60(1)(i, Section 60(1)(i, Section 2(j, Section 71, the Revenue Recovery Act, Section 60, Section 60(1)(i, Section 60(1)(i, Section 60(1)(i, Section 60(1)(i, Section 80
PERSON: C.N. Ramachandran Nair, Exts, Gazette
NORP: J.1, KSFE, KSFE, KSFE
ORG: KSRTC, KSRTC, KSRTC, the Standing counsel, KSFE, CPC, Societies, Provident Fund, CPC, Notification S.R.O.250/70, CPC, Government Notification S.R.O.250/70, CPC, CPC, CPC
CARDINAL: three, three, 40,000, 50,000, arrear, two-third
DATE: 1908, 1908)'.6
ORDINAL: first