Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Conditional leave to defend - Pronote and receipt - Suit for recovery - Defence of signatures on blank pronote and receipt - Amount advanced not denied absolutely -Categoric finding regarding due execution of pronote and receipt - No illegality in order granting leave to contest on furnishing surety bonds...........
Criminal Procedure Code, 1973, Section Ss.107, 116(3) -- Proceedings u/s 107 Cr.P.C. - No surety/security or personal bond is required to be furnished under an interim order u/s 116(3) of the Code...........
Criminal Procedure Code, 1973, Section 421, 431 -- Forfeiture of surety bond - Penalty imposed - No jurisdiction to impose alternative punishment of imprisonment - Recovery can only be by attachment and sale of movable property...........
Criminal Procedure Code, 1973, Section 436 -- Bailable offence - Bail - Accused is entitled to bail as a matter of right - Court may release on executing a bond without surety instead of taking bail when such a person is indigent and is unable to furnish surety - Court to insist on sureties if the person is not indigent...........
Criminal Procedure Code, 1973, Section 436, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A bailable offence - Release of accused on bail on furnishing a bail bond in the sum of Rs.2 lakhs alongwith a surety of the like amount - Quantum of personal bond and surety challenged to be harsh, onerous and burden some - Held, it is discretion of Court to..........
Contract Act, 1872, Section 128 -- Surety - Liability of - Co-extensive with that of principal debtor unless it is otherwise provided by the contract...........
Banking service -- Bank guarantee - Deficiency in service - Nonjoinder of parties - Complainant stood as a `surety' in respect of Counter Guarantee given by `M' in the shape of two FDRs - Bank had honoured guarantee given by complainant by invoking it - Complainant did not make `M' a party either before the State Commission or before National Commission - The complaint..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 1, 2 -- Satisfaction of judgment and decree - Mode of paying decreetal amount - Payment made to decree holder out of court or otherwise - Adjustment towards satisfaction of decree - Decree holder to certify such payment and adjustments before the executing Court - J.D. or its surety can inform Court of any such payment..........
Service -- Removal from service - Police constable - Stood surety of a hardened criminal involved in 32 cases of snatching of goods - He also aided several other criminals in securing bail - Inquiry Officer arrived at a finding that respondent knew fully well that accused was involved in a series of snatching cases - Punishment imposed by Disciplinary Authority in removal..........
Transfer of Property Act, 1882, Section 54 -- Nature of transaction - Nominal sale deed - Plaintiff took loan of Rs. 400/- - Sale deed executed as surety in favour of Defendant - Agreement with regard to reconveyance of property on repayment of loan amount within 3 years also executed - Plaintiff failed to repay the loan - Mutation of property entered in favour of..........
