Kolkata Court October 1937 Judgments

Jnanendra Kumar Roy Vs. Akash Chandra Chowdhuri and anr.

Court: Kolkata

Reported in: AIR1938Cal325

B.K. Mukherjea, J.1. This is an appeal against an order passed by the District Judge of Sylhet in exercise of his insolvency jurisdiction on 26th May 1937. The facts are simple. The appellant before us who is the debtor presented an application for insolvency on 21st December 1936. On 3rd April 1937, he was adjudicated an insolvent and a pleader named Md. Neser Ali was appointed receiver. There was a direction on the insolvent to deliver all the assets stated in his petition to the receiver forthwith and also to pay Rs. 60 each month out of his salary to the receiver. On 19th May 1937 the appellant filed a petition for reconsideration of this order basing his case upon the Amending Act 9 of 1937 which introduced certain changes in Section 60, Civil P.C. His contention was that as under Clause (h), Section 60 the wages of labourers were exempted from attachment to the extent of first hundred rupees and one-half of the remainder, he could not be compelled to pay more than rupees five a m...