Criminal Procedure Code, 1973, Section 446 -- Proceedings u/s 446 Cr.P.C. - Order of recovery of Rs.5000 from appellants who stood surety to accused by attaching their land and standing crops - Accused failed to surrender before Court after expiry of period of temporary bail - But later on accused appeared and acquitted by High Court - Proceedings initiated u/s 446 Cr.P.C...........
Civil Procedure Code, 1908, Section 145 -- Surety - Executed for appearance of a party - Question of forfeiting the surety arises only when that party does not appear - Surety cannot be forfeited for non performance of decree...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Cheque issued by son - Perusal of record shows that in complaint, complainant is not stating any liability against accused who is son of `M' - Even there is no evidence on record to show that accused ever stood surety or given in..........
Will -- Letters of administration - Grant of - Appellant sole beneficiary/legatee surviving heir of testatrix - Attesting witnesses of Will proved due execution of Will - Testatrix was of sound disposing mind at the time of execution of Will - Court is satisfied that Will in question is the last and true Will of testatrix whereby she bequeathed property in favour of his..........
Indian Contract Act, 1872, Section 131 -- Personal surety - In case surety dies, in absence of any contract to contrary, surety/guarantee does not continue...........
Succession Act, 1925, Section 372 -- Succession certificate - Grant in respect of shares, debentures and securities owned by deceased mother - Application for exemption from filing surety bond - Succession certificate granted in favour of petitioner No.1 as no objection is filed in favour of petitioner No.1 - Petitioner No.1 dispensed with from furnishing surety bond...........
Criminal Procedure Code, 1973, Section 451, 457, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Seizure of vehicle - Offence under NDPS Act - Seized vehicle can be returned to registered owner on furnishing bond with surety - Owner of vehicle has to produce vehicle before Trial Court as and when called for and he will not change nature and character..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Leave granted subject to condition of furnishing surety equivalent to cheques amount - Case based on cheques which were issued for consideration - Condition imposed while granting leave to defend, as the Court convinced on the point of filing an application by plaintiff U.O.38 R/W..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Husband alleged that his father-i, law used to demand huge amount from time to time and he already paid Rs.9 lacs to his father-i, law - However, plea of advancing huge amount to the tune of Rs.9 lacs by husband to his father-i, law without any surety or proof is an act which cannot be digested in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Surety or guarantor are liable u/s 138 of Act in view of words "Any debt or other liability"...........
