Skip to content


Bulaichand Dutta Vs. NaraIn Chandra Dutta - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal168(2),49Ind.Cas.624
AppellantBulaichand Dutta
RespondentNaraIn Chandra Dutta
Excerpt:
guardians and wards act (viii of 1890), sections 34(d), 45 - 'recusancy' in section 45, meaning of--failure to comply with requisition. - 1. we think that the word recusancy' in section 45 of the guardians and wards act means something more than mere disobedience of an order to pay and that the opposite party should not be sent to jail in the absence of proof that he has some means. we accordingly discharge is rule but make no order as to costs.2. we note that the district judge has held that at any time the petitioner is able to show to the court on proper materials that the opposite party is in possession of property, which he has concealed, coercive action may be taken according to law. in that event further application may be made to the court of the district judge.
Judgment:

1. We think that the word recusancy' in Section 45 of the Guardians and Wards Act means something more than mere disobedience of an order to pay and that the opposite party should not be sent to jail in the absence of proof that he has some means. We accordingly discharge is Rule but make no order as to costs.

2. We note that the District Judge has held that at any time the petitioner is able to show to the Court on proper materials that the opposite party is in possession of property, which he has concealed, coercive action may be taken according to law. In that event further application may be made to the Court of the District Judge.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //