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Hiralal Valavdas Vs. Bai Amba - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Application for Revision No. 100 of 1926
Judge
Reported in(1926)28BOMLR669
AppellantHiralal Valavdas
RespondentBai Amba
Excerpt:
criminal procedure code (act v of 1898), section 488-maintenance order- magistrate-power to vary the rate of maintenance.; under section 485, criminal procedure code, a magistrate has power to increase the rate of maintenance once awarded, and to direct that the increased rate of maintenance be paid from the date of the application asking lor the increase. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from togo to west coast india - dispute arose between parties - under agreement, respondent had chosen mumbai as port of delivery vessel carrying rock phosphate was delivered at port of bombay - application filed by respondent earlier before delhi high.....norman macleod, kt., c.j.1. this ia an application in revision against the order of a magistrate increasing the maintenance allowance of the applicant bai anaba, under section 488 of the criminal procedure code, from rs. 8-4-0 to rs. 18 per mensem, the order to take effect retrospectively from the date of the application.2. it has been argued that the magistrate had no jurisdiction to make the order. under section 488, the magistrate has power to make the maintenance payable from the date of the application, we cannot see why he should not have the same power to direct, if he thinks fit, when an application is made to vary the order as regards the maintenance payable, that maintenance at the increased rate should be paid from the date of the application.
Judgment:

Norman Macleod, Kt., C.J.

1. This ia an application in revision against the order of a Magistrate increasing the maintenance allowance of the applicant Bai Anaba, under Section 488 of the Criminal Procedure Code, from Rs. 8-4-0 to Rs. 18 per mensem, the order to take effect retrospectively from the date of the application.

2. It has been argued that the Magistrate had no jurisdiction to make the order. Under Section 488, the Magistrate has power to make the maintenance payable from the date of the application, We cannot see why he should not have the same power to direct, if he thinks fit, when an application is made to vary the order as regards the maintenance payable, that maintenance at the increased rate should be paid from the date of the application.


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