Cases Referred From the Bombay Court of Small Causes for the Opinion of the High Court of Bombay

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The first defendant is employed in the Bombay Tramway TrasA gulal Company, and on the 9th of December the plaintiffs obtained an order under section 268 of the Code of Civil Procedure (Act X IV.
of 1882) prohibiting the Tramway Company until the further order of this Court from paying to any person whomsoever the above sum out of the salary due to the defendant for the month of November 1886.
4. On the 7th of January 1887 the plaintiffs obtained a Judge's summons requiring the Manager of the Tr
...amway Company to appear before this Court on the 19th of January, to show cause, if any, why he should not pay to the plaintiffs the moneys in his hands.
5. Mr. Roughton appeared for the Tramway Company in obedi- ence to this summons. He admitted that the company had the money in their hands, but he contended that no provision was made in the Code of Civil Procedure for issuing such a summons after the prohibitory order, and that the summons itself, and the order, which it has been the practice of this Court to make on the summons, when no cause is shown, were ultra vires.


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