Natural justice -- Caste certificate - Cancellation - Before cancellation opportunity of hearing must be given - Impugned order set aside - Dispute regarding caste certificate be decided after giving hearing to the parties...........
Criminal Procedure Code, 1973, Section 389 -- Sentence suspended during pendency of appeal - Violation of terms of bail - Conditions which were violated not specified - Held, when there is plea that there is violation of conditions of bail bond then the same need to be specifically pleaded and violation thereof proved to the satisfaction of the Court, so that Court can..........
Criminal Procedure Code, 1973, Section 389 -- Sentence suspended during pendency of appeal - Violation of terms of bail - Cancellation of bail - Remedy available is under proviso II of S.389(1) and an application is to be filed by the Public Prosecutor - Petition u/s 482 Cr.P.C. is not maintainable...........
Criminal Procedure Code, 1973, Section 437, 439, 446A -- Bail - Violation of conditions imposed by Superior Court while granting bail - Magistrate can cancel bail if he comes across instances of violation of conditions of bail even without there being any request for cancellation of bail...........
Criminal Procedure Code, 1973, Section 446A, 437(5), 439(22) -- Violation of conditions imposed while granting bail - Does not lead to automatic cancellation of bail - Court must be satisfied that the bond is forfeited...........
Criminal Procedure Code, 1973, Section 446A, 437(5), 439(2) -- Difference between `cancellation of bail bond' and `cancellation of bail' - Explained...........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale - Cancellation - Court fee - Sale of joint family property - Co-owner not a party to sale seeking declaration regarding cancellation of sale deed - Relief of possession not claimed - Ad valorem Court fee not payable...........
Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - While on bail accused arrested in another case - Bail in the first case does not stand cancelled due to arrest in second case...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Held, bail once granted should not be cancelled in a mechanical manner without considering whether there is any supervening circumstances and have rather rendered it no longer conducive to fair trial to allow accused to retain his freedom by enjoying concession of bail during the trial...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Power of sessions court - Held, court of sessions cannot cancel bail which has already been granted by High Court in an ordinary course unless new circumstances arise during pendency of the trial...........
