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Musammat Mutesari Vs. Nand Kumar Singh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in32Ind.Cas.842
AppellantMusammat Mutesari
RespondentNand Kumar Singh
Cases Referred and Laraiti v. Ram Dial
Excerpt:
criminal procedure code (act v of 1898), section 488 - maintenance for illegitimate child, application for, dismissal of--order, if final--magistrate, jurisdiction of, to entertain another application. - 1. we accept the reference for the reasons given by the learned sessions judge and set aside the order for maintenance dated 30th september 1915. we may refer in this connection to the cases of musammat jamoti v. gadalo kamar 1 c.l.r. 89 and laraiti v. ram dial 5 a. 224. in our opinion, the order of the sub-divisional magistrate of 12th january 1915 dismissing musammat mutesari's application for maintenance was a final order so far as the magistrate's court was concerned.
Judgment:

1. We accept the reference for the reasons given by the learned Sessions Judge and set aside the order for maintenance dated 30th September 1915. We may refer in this connection to the cases of Musammat Jamoti v. Gadalo Kamar 1 C.L.R. 89 and Laraiti v. Ram Dial 5 A. 224. In our opinion, the order of the Sub-Divisional Magistrate of 12th January 1915 dismissing Musammat Mutesari's application for maintenance was a final order so far as the Magistrate's Court was concerned.


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