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Upendra Nath Dhal Vs. Soudamini Dasi - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1885)ILR12Cal535
AppellantUpendra Nath Dhal
RespondentSoudamini Dasi
Excerpt:
maintenance - criminal procedure code (act x of 1882), sections 488, 489. - mcdonell and beverley, jj.1. we think that the sessions judge is right. a magistrate has no power to make an order under section 488 of the code of criminal-procedure for maintenance at a progressively increasing rate. under that section the allowance must be ordered at a fixed monthly rate, but under section 489 it may be altered from time to time. we accordingly set aside that part of the deputy magistrate's order which directs a prospective increase in the rate, and direct that the allowance be levied at the rate of rs. 1-8 only per mensem till such time as it may be altered under section 480.
Judgment:

McDonell and Beverley, JJ.

1. We think that the Sessions Judge is right. A Magistrate has no power to make an order under Section 488 of the Code of Criminal-Procedure for maintenance at a progressively increasing rate. Under that section the allowance must be ordered at a fixed monthly rate, but under Section 489 it may be altered from time to time. We accordingly set aside that part of the Deputy Magistrate's order which directs a prospective increase in the rate, and direct that the allowance be levied at the rate of Rs. 1-8 only per mensem till such time as it may be altered under Section 480.


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