question which arises under either of those sections a question which may be determined under Section 244? If it is so, no separate suit will ... appeal from an order under Section 318 and that such an order is not one under Section 244. In Narain Singh v. Pargash
they put their appearance under Section 246 Cr.P.C. without recording any evidence as contemplated under Section 244 (1) Cr.P.C. In this ... charges against the accused persons Under Section 246 thereof without the same being produced Under Section 244 of the Code. The scheme
them under their decree, and that the claim was barred by Section 244 of the Code of Civil Procedure. The issues framed by the Court ... whether the suit as against these defendants is barred by Section 244 of the Code?" On these points the Court below held that
prosecution. Under section 245 (1) Cr.P.C. after taking all the evidence referred to in section 244 Cr.P.C. the Magistrate considers ... charge against the accused. Section 246 Cr.P.C. contemplates that charge can be framed only where evidence under section 244 has been taken
suit. This was a case decided on the interpretation of Section 244 of the old Code, In the third Full Bench case in Gulzari ... representative of the judgment-debtor within the meaning of Section 244.
5. Blair, J. concurred in that view. Banerji
provisions of Section 244 (the correct number of the Section is Section 244-A), no interest is payable on the interest paid by the assessee ... passing of order under Section 154 dated 12.8.1998, and that the AO's interpretation of Section 244-A (i) was not correct. The Revisional
under Section 245(1) of the Code.
The situation under Section 245(2) of the Code is, however, different. Sub-section (2) empowers the Magistrate ... could be from Sections 200 to 204 Cr.P.C. and till the completion of the evidence of prosecution under Section 244
entitled to, the judgment-debtor had no right under Section 244 of the Code of Civil Procedure to apply to recover the excess realized ... under Section 88 , but the order absolute for sale under Section 89 . Of course, the decree to be executed was the decree under Section
objections raised by him should have been set at rest under Section 244 of the Civil Procedure Code, and he should not be made ... proceeding before the Subordinate Judge must be regarded as held under Section 244, Bahori Lal being the representative of Kalian Singh, and in support
decree" in Section 545 of the Code, and a too limited view of the scope of Section 244.
3. The chapter on execution ... under Section 545 of the Code.
7. We are of opinion that the widest meaning should be attached to Clause (c) of Section 244
