High CourtsDivision Bench

Upendra Nath Dhal vs Soudamini Dasi

Calcutta High Court · Decided on 5 February 1886 · Citation: (1885) ILR (Cal) 535

HON’BLE JUDGES
McDonell, J · Beverley, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 488, 489
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Judgment

1 paragraphs · 103 words

McDonell and Beverley, JJ.—We think that the Sessions Judge is right. A Magistrate has no power to make an order u/s 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 u/s 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 u/s 480.