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Madhub Chunder Mozumdar Vs. Novodeep Chunder Pundit - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1889)ILR16Cal126
AppellantMadhub Chunder Mozumdar
RespondentNovodeep Chunder Pundit
Excerpt:
penal code (act xlv of 1860), section 210 - civil procedure code (act xiv of 1882), section 258--satisfaction of decree--execution of decree--fraudulently executing decree after it has been satisfied when satisfaction has not been certified to court. - .....jj.1. the evidence has been placed before us, and we think that the conclusion to which the lower court has come on that evidence is right. as regards the question of law which has been argued, viz., that the present case does not come within the purview of section 210 of the indian penal code, because the satisfaction of the decree was of such a nature as could not be recognized by the court executing the decree, we do not think that that contention is valid. the words of the section are: 'whoever fraudulently causes a decree to be executed against any person after it has been satisfied, etc.' the words 'after it has been satisfied' indicate, in our opinion, the fact of its satisfaction. merely because the satisfaction is of such a nature that the court executing the decree could.....
Judgment:

Mitter and Macpherson, JJ.

1. The evidence has been placed before us, and we think that the conclusion to which the lower Court has come on that evidence is right. As regards the question of law which has been argued, viz., that the present case does not come within the purview of Section 210 of the Indian Penal Code, because the satisfaction of the decree was of such a nature as could not be recognized by the Court executing the decree, we do not think that that contention is valid. The words of the section are: 'Whoever fraudulently causes a decree to be executed against any person after it has been satisfied, etc.' The words 'after it has been satisfied' indicate, in our opinion, the fact of its satisfaction. Merely because the satisfaction is of such a nature that the Court executing the decree could not recognise it would not take the case out of the purview of the section. We therefore dismiss this appeal.


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