High CourtsDivision Bench

Jelagan Subramania Naidu vs K. Singara Mudali

Madras High Court · Decided on 1 January 1914 · Citation: AIR 1915 Mad 602 : (1914) 27 MLJ 616

HON’BLE JUDGES
Miller, J
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Judgment

2 paragraphs · 145 words

Miller, J.—The cases in this Court bind me to set aside the Presidency Magistrat''s order. Case in which the contract is that the workman shall work for wages deducting from his wages a certain sum periodically to make good an advance, has been held in this Court to be within the Act XIII of 1859. Vide. The Queen v. Tulukanam ILR (1883) M. 131. Tangi Joghi v. Hall ILR (1899) M. 203 (as to part of the advance in that case) and the recent case, Criminial Revision Case No. 120 of 1913 (Case Referred No. 13 of 1910), where Benson and Tyabji JJ. following the other cases declined to follow the one (Cr. R. C. No. 674 of 1912) on which the Presidency Magistrate relies.

2.

The order is set aside, and the case should be restored to file and dealt with according to law.