Court.
3.5. Thereafter, the petitioner had filed an application under Section 127 (2)
Cr.P.C. along with a copy of Judgment before the learned ... status of the parties, the petitioner filed an appeal under
Section 127(2) Cr.P.C., which was allowed and the maintenance granted
maintenance will operate till it is vacated or cancelled under Section 127(2) , Cr.P.C. In other words, until the original order under Section ... before the Court, which passed an order awarding maintenance under Section 127(2) , Cr.P.C, to cancel the said award on the strength
consent, the
Magistrate shall cancel the order."
12 Further, Section 127(2) Cr.P.C. also empowers the
Magistrate to cancel or vary ... particularly, in view of
specific provision of Sections 125(5) and 127(2) Cr.P.C.,
providing statutory alternative efficacious remedy to the
petitioner, petitioner
been passed is alive or until it is cancelled under Section 127 Cr.P.C or in a manner known to law. Law of limitation ... order already passed under Section 125 Cr.P.C (See Section 127(2) Cr.P.C.).
31. But because of the existence of a maintenance
scope is limited and orders passed by
the Court as Section 127(2) Cr.PC expressly provides, are subject to any final
adjudication
Paharpur Cooling Towers Ltd. vs Anuradha Masala Udhyog Pvt. Ltd. on 7 December, 2007
JUDGMENT
hand, the learned counsel for O.P. No.2
has submitted that a proceeding under Section 125 Cr.P.C. is a
3
summary proceeding ... streams without overlapping each other save and except
in terms of 127 (2) Cr.P.C . From the salary statement itself, it is
evident that
technology.
2. This criminal petition has been preferred by the petitioner, namely, Sri Bijoy Seal, under
Section 482 of the Criminal Procedure Code, 1973, seeking ... passed in Case No. 53 M/2008 under Section 127 of the Code of Criminal Procedure, 1973, allowed the
petition and cancelled the order
opposite party no.2 towards maintenance. Subsequently, the opposite party no.2 filed an application under Section 127 Cr.P.C. seeking enhancement ... opposite party no.2. Subsequently, upon an application filed by the opposite party no.2 in terms of Section 127 Cr.P.C. the amount
retrospective from the date when the application under Section 127 of the Code of Criminal Procedure was filed.
4. On the contrary it was argued ... maintenance, the order of the cancellation of the maintenance under Section 127(2) Cr.P.C, should be prospective. Rather this authority fortifies my view
