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1955 Supreme(Cal) 195

DEBABRATA MOOKHERJEE
RAJENDRA NATH GHOSE – Appellant
Versus
BROJABALA GHOSE – Respondent


Advocates Appeared:
PRAVAT KUMAR SEN GUPTA, SAMBHU NATH BANERJI,Soumendra Nath Mukherjee

DEBABRATA MOOKERJEE, J.

( 1 ) THIS Rule raises a question of some importance as respects the manner of enforcement of an order made by a Magistrate under the provisions of Section 488, Criminal P. C.

( 2 ) BY an order dated 7-3-1955 a learned Magistrate of Howrah directed payment of a monthly maintenance allowance of Rs. 30/- by the petitioner to his wife. There was a further order as respects the payment of costs of hearing of the maintenance application which amounted to Rs. 40/ -. On 12-4-1955 the wife in whose favour the order had been made applied for enforcement of the order. Notice by registered post requiring the payment of maintenance allowance of Rs. 30/- as also a further sum of Rs. 40/- by way of costs was issued upon the petitioner but the notice having been refused a distress warrant was directed to issued upon the general manager of the National Iron and Steel Works Ltd. , of which the petitioner is an employee, requiring the manager to attach Rs. 70/- from the pay of the petitioner and to remit the amount thus realised to Court by 5-5-1955. On 11-5-1955 intimation was received from the National Steel and Iron Works Ltd. , that a sum of Rs. 70/- less the money orde











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