Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Petitioner/surety was penalized without providing any rightful opportunity of hearing - No notice was served upon petitioner - By erroneously recording absence of petitioner despite notice, trial Court penalized him for an amount of Rs.30,000 which is not sustainable in law - Impugned order set aside..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Show cause notice is essential before forfeiting surety bond...........
Limitation Act, 1963, Section 18 -- Acknowledgment of debt - Surety bond executed on 23.09.1996 - In the year 2000 in reply notice defendant acknowledged liability - Suit filed in the year 2002 - Plaintiff need not plead the waiver to get over the bar of limitation in the light of acknowledgment of liability - Such acknowledgement of liability by defendants allowed fresh..........
Criminal Procedure Code, 1973, Section 446, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Surety - Forfeiture of bond - Offence u/s 15(c) NDPS Act - Accused on parole and he did not surrender on completion of his parole period - Order forfeiting surety bond of surety in its entirely is certainly a harsh step taken by District Magistrate and First..........
Indian Contract Act, 1872, Section 126 -- Contract of guarantee - Default by principal debtor - Right of creditor to proceed against surety - Held, in case creditor finds that principal debtor has committed default as a result whereof liability has accrued, it is not necessary that creditor must proceed first against principal debtor or to give a notice to it but creditor..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Dismissal of criminal appeal for default - Challenge as to - Since appellant and his advocate were absent at the time of final hearing of criminal appeal, non bailable warrant was issued against the appellant/accused with notice to his surety - Appellate Court shall have taken necessary step to secure presence of..........
Criminal Procedure Code, 1973, Section 446 -- Surety - Forfeiture of bond - Before issuing recovery warrant show cause notice is mandatory - Recovery warrant without issuing show cause notice set aside - Matter remitted back for providing the appellants reasonable opportunity of hearing and opportunity to show cause and to pass appropriate order...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Issue of show cause notice u/s 446 Cr.P.C. - Held, it is the duty of court to give notice to person whose bond is or has been forfeited, calling upon him either to pay the penalty or to show cause why it should not be paid - Issuance of such notice is mandatory...........
Criminal Procedure Code, 1973, Section 446 -- Recovery of amount of personal bond as penalty - Requirement of notice - Held, before passing order to recover amount of bond as penalty, notice is required to be issued to accused and his sureties to show cause as to why amount of bond be not realized from them as penalty - Passing order to recover amount of personal bond or..........
Criminal Procedure Code, 1973, Section 446 -- Bail jumped - Bail bond cancelled - Show cause notice issued to surety - Surety failing to produce accused on fixed date - Trial Court imposed penalty of Rs.50, 000/- - High Court held, reasonable opportunity was afforded to surety to locate and produce accused but as surety absented, Court left with no other alternative and..........
