Civil Procedure Code, 1908, Section 47, Indian Contract Act, 1872, Section 128 -- Execution - Objection by Surety - JD/surety who suffered a joint and several decree cannot stop execution of decree against him until creditor has exhausted his remedy against principal debtor or other JDs - She does not have a right to dictates terms to DH as how he should pursue his..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Order of recovery of Rs.1 lakh from surety - Appellant is poor farmer of remote village - Nothing on record to show that appellant has not made sincere endevaours to trace and produce accused before Court - It would be onerous for appellant to deposit entire amount of Rs.1 lakh which if not paid his..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Under trial prisoners - Directions issued that: (i) Court which grants bail to an undertrial prisoner/convict would be required to send a soft copy of bail order by e-mail to prisoner through the Jail Superintendent on the same day or next day - Jail Superintendent would be required to enter the date of grant of bail in..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Granted with conditions : (i) Deposit of fine amount of Rs.One lakh; (ii) Surety of one lakh; (iii) Two bail bonds of Rs.Fifty thousand each - Bail granted with excessive conditions amount to refusal to grant bail - Bail order modified - Bail to continue but conditions for..........
Criminal Procedure Code, 1973, Section 441 -- Bail bond - Sureties - Wife and brother of accused - No disqualification could be found against sureties as far as solvency is concerned - Nothing on record that accused has influenced the sureties - Nothing is noted against the conduct and character of surety - Rejecting surety on the ground that accused has influenced the..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Anticipatory bail - Juvenile - Juvenile in conflict with law becomes empowdered to claim being released on bail with or without surety and/or claim qua his being placed under supervision of a Probation Officer or under the care of any fit person...........
Indian Contract Act, 1872, Section 128 -- Surety - Liability of surety is co-extensive with that of principal debtor - It is prerogative of creditor alone, whether he could move against principal debtor first or surety to realise the loan amount - Surety has no right to restrain execution of decree against him until creditor exhausts his remedy against principal debtor...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Exemption granted by Revisional Court that petitioners shall furnish bail bonds/surety bonds to the satisfaction of trial Court by putting in appearance before trial Court and on their furnishing undertaking to the effect..........
Criminal Procedure Code, 1973, Section 445 -- Cash deposit in lieu of surety - Mere apprehension expressed by prosecution that accused may flee the course of justice, cannot be sole determinative factor for denying benefit of S.445 Cr.P.C, without consideration of other circumstances and balancing factors in this regard...........
Criminal Procedure Code, 1973, Section 439, 445 -- Bail - Cash deposit in lieu of surety - Applicant a foreign national has not been able to obtain surety and she does not know anyone in this country, who can discharge obligation of surety - It would be negation of principle of rule of law and violative of constitutional mandate and principles of human rights in case..........
