Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Some of the grounds on which bail can be cancelled are (i) the accused misuses his liberty by indulging in similar criminal activity; (ii) interferes with the course of investigation; (iii) attempts to tamper with evidence of witnesses; (iv) threatens witnesses or indulges in similar activities which..........
Contract Act, 1872, Section 140, 141 -- Loan - Default in repayment - Suit for recovery against guarantor - Plea of guarantor that plaintiff has not enforced its security and has also not called for additional security and failed to preserve securities - Guarantor had in terms of contract waived benefits that were available to him - Plea that surety stood discharged..........
Wild Life (Protection) Act, 1972, Section 39(1)(d), 51(3A) -- Forest offence - Seizure of vehicle - Release - Order releasing vehicle during pendency of trial on furnishing Bank guarantee - Order valid - Contention that Magistrate should demand surety bond instead of bank guarantee - Contention repelled - When vehicle is seized in Forest offence the same is not normally..........
Contract Act, 1872, Section 128 -- Surety - Liability - It is co-extensive with liability of principal debtor unless otherwise provided in contract - Creditor can sue surety without bringing action against principal debtor...........
State Financial Corporations Act, 1951, Section 29(1), Constitution of India, 1950, Article 300A -- Surety - Corporation can take direct action against defaulting concern without Court's intervention - Right to take management or possession or both of concern as well as right to transfer by way of lease or sale and realise property pledged, mortgaged, hypothecated or..........
Contract Act, 1872, Section 128, 129 -- Surety - Liability - Decree passed in 1992 - Considerable delay on part of creditor in taking proceedings for execution of decree - Creditor to confine recovery to the original decretal amount and not to be extended to interest that has accumulated on account of delay in taking proceedings for execution of decree...........
Contract Act, 1872, Section 128, 129 -- Surety - Liability - Order of Executing Court for simultaneous recovery of decretal amount by deduction from salary of principal debtor and of surety - Order of recovery against surety cannot be given effect to as long as principal debtor pays up instalments - D.H. can proceed against surety if instalments become irrecoverable from..........
Civil Procedure Code, 1908, Section 47 -- Decree - Execution - Decree passed against brother - Joint property - Share of JD sufficient to liquidate decree - Balance amount belonging to surety cannot be proceeded against...........
Contract Act, 1872, Section 128, 141 -- Surety - Liability - Liability of the principal debtor and the surety is joint and several and the creditor can either proceed against the principal debtor or the surety or both of them simultaneously - Right of creditor to recover money from the guarantors arises out of the terms of the deed of guarantee which are not in any way..........
Criminal Procedure Code, 1973, Section 340, 195, 482 -- Perjury - For initiating action u/S.195 Cr.P.C. the Court must come to the conclusion that a perjury appears to be deliberate and conscious - If the clerk of the counsel has committed some mistake, which was bona fide, while filling up the surety bonds or personal bonds then the accused cannot be held liable -..........
