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Krupasindhu Pradhan Vs. Kainta Pradhan

Krupasindhu Pradhan vs Kainta Pradhan

Disposition Revision dismissed Court Orissa Decided Dec 06, 1990
~1 min read
https://sooperkanoon.com/case/532422

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Citation
Court
Orissa High Court
Judge
Decided On
Case Number
Criminal Revision No. 563 of 1986
Subject
Criminal
Disposition
Revision dismissed

Case Summary

AI-generated summary - not the official court judgment text.

- LABOUR & SERVICES Pay Scale:[Tarun Chatterjee & R.M. Lodha,JJ] Fixation - Orissa Service Code (1939), Rule 74(b) Promotion - Government servant, by virtue of Rule 74(b), gets higher pay than what he was getting immediately before his promotion - Circular Dated 19.3.1983 modifying earlier Circular Dated 18.6.198...

Key legal issue
Criminal
Outcome / disposition
Revision dismissed
Acts & sections
Code of Criminal Procedure (CrPC) , 1973 - Sections 125

Parties & Advocates

Appellant / Petitioner

Krupasindhu Pradhan

Advocate Srinivas Mishra-1, J.M. Mohanty and Rakhi Saha

Respondent

Kainta Pradhan

Legal References

Reported In
1992(I)OLR299

Excerpt

- labour & services pay scale:[tarun chatterjee & r.m. lodha,jj] fixation - orissa service code (1939), rule 74(b) promotion - government servant, by virtue of rule 74(b), gets higher pay than what he was getting immediately before his promotion - circular dated 19.3.1983 modifying earlier circular dated 18.6.1982 resulting in reduction of pay of employee on promotion held, it is not legal. statutory rules cannot be altered or amended by such executive orders or circulars or instructions nor can they replace statutory rules. - in a benevolent legislation like section 125 cr.s.c. mohapatra, j.1. this is a revision by the step son against the order directing to pay maintenance of the step mother under section 125 criminal procedure code.2. quantum of compensation is only rs. 100/- (one hundred) per month and calls for no interference.3. mr. srinivas mishra-1, learned counsel for the petitioner submitted that step mother is not mother under section 125 cr. p. c., and accordingly, trial court was not correct in awarding compensation. i am not able to accept the same. in a benevolent legislation like section 125 cr. p. c. which provides for discharge of obligation to maintain persons who deserve to be maintained, broad meaning is to be given to the term 'mother'. accordingly, i am inclined to hold that step mother is included in the term mother under section 125 cr. p. c.4. in the result, there is no merit in this criminal revision which is accordingly, dismissed.

Full Judgment

S.C. Mohapatra, J.

1. This is a revision by the step son against the order directing to pay maintenance of the step mother under Section 125 Criminal Procedure Code.

2. Quantum of compensation is only Rs. 100/- (one hundred) per month and calls for no interference.

3. Mr. Srinivas Mishra-1, learned counsel for the petitioner submitted that step mother is not mother under Section 125 Cr. P. C., and accordingly, trial Court was not correct in awarding compensation. I am not able to accept the same. In a benevolent legislation like Section 125 Cr. P. C. which provides for discharge of obligation to maintain persons who deserve to be maintained, broad meaning is to be given to the term 'mother'. Accordingly, I am inclined to hold that step mother is included in the term mother under Section 125 Cr. P. C.

4. In the result, there is no merit in this criminal revision which is accordingly, dismissed.

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