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Recovery of maintenance allowance can be effected by attachm

 

Recovery of maintenance allowance can be effected by attachment of salary payable

 
. Both the learned counsel arguing the case before me then urged a yet another point pertaining to the interpretation of S. 421(1) of Code of Criminal Procedure. Pointing out that the aforesaid sub-section has said, "when an offender has been sentenced to pay a fine, the Court passing sentence may take action for recovery of a fine, in either or both of the following ways." Emphasis was led on the word "may take action". It was submitted, quite with force, that the provisions contained in this sub-section were not restrictive provisions, but they were enabling provisions. It was, therefore, submitted that, even if a restricted interpretation was put on clause (a) of the said section, the section itself did not bar the jurisdiction of the Court to recover the amount of fine in ways other than the two ways enumerated in the section. Sub-section (1) enables the Criminal Courts to recover the levy of fine in two ways specified in clauses (a) and (b) of the said sub-section leaving it open to the Courts also to adopt other legal measures for levying of the fines. In that context also, reference was again made to the provisions contained in S. 83 of the Code of Criminal Procedure by submitting that th


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