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In Re: Ponnammal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1893)ILR16Mad234
AppellantIn Re: Ponnammal
Cases ReferredReg. v. Thakur Ira
Excerpt:
criminal procedure code. act x of 1882, section 488--maintenance case--failure to pay process fees. - 1. we are of opinion that the district magistrate is right. section 20, clause ii of the court fees act has reference only to fees for processes issued in the case of 'offences,' and it has been held that an order for payment of maintenance is not a conviction for an 'offence' see queen v. golam hossein 2. chowdhry 7 w.r. cr., 10; cf. reg. v. thakur ira 5 bom. h.c.r. 81.2. we, therefore, set aside the head assistant magistrate's order dismissing the application and direct the magistrate to proceed with the inquiry and pass an order in accordance with law.
Judgment:

1. We are of opinion that the District Magistrate is right. Section 20, clause II of the Court Fees Act has reference only to fees for processes issued in the case of 'offences,' and it has been held that an order for payment of maintenance is not a conviction for an 'offence' see Queen v. Golam Hossein 2. Chowdhry 7 W.R. Cr., 10; cf. Reg. v. Thakur Ira 5 Bom. H.C.R. 81.

2. We, therefore, set aside the Head Assistant Magistrate's order dismissing the application and direct the Magistrate to proceed with the inquiry and pass an order in accordance with law.


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