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..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Order of release modified to the extent that instead of furnishing bank guarantee of 10 lacs, vehicle be released on Superdari subject to furnishing requisite supurdagi bond and surety bond for the said amount...........
Criminal Procedure Code, 1973, Section 446 -- Accused on parole - Surety by old aged parents - Accused failed to surrender on due date - Penalty of Rs.2 lakh each was imposed on petitioners/old aged parents - However, accused found to be arrested in some other case and was in jail - Petitioners are old aged persons and their financial condition is not good - They are petty..........
Criminal Procedure Code, 1973, Section 439, 445 -- Bail - Cash deposit in lieu of sureties - Accused unable to arrange sureties as he is a foreigner - Accused offered to deposit cash in lieu of surety bond - Accused permitted to deposit cash amount to the satisfaction of Court concerned in lieu of executing surety bonds...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 34 -- Bail - Marriage performed with one `G' by executing marriage agreement and attested by Notary - Applicant signed the marriage agreement as a witness - After 5/6 days said `G' fled away from his house with all her belongings - Applicant is in custody since 16.09.2020 - Without..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Application for bail - Murder - Considering that petitioners have been in custody for a long period of 3 years and trial nowhere near conclusion - It results into punishment of sentence of imprisonment without them having been convicted - Therefore, petitioners are liable to be admitted on..........
Criminal Procedure Code, 1973, Section 311A, Proviso -- Specimen signatures - Comparison of signatures of accused appended on cheque - Complaint u/s 138 of N. I Act - Accused has to be considered to have been arrested by executing officer in connection with proceeding pending before Court, at the time of execution of bailable warrants - Thereafter, accused appeared,..........
Parole -- Condition of furnishing two surety bond - Condition waived during lock down period - Parole also extended of those who were released and were to surrender during period of lock down and they be not compelled to surrender till lifting of lock down...........
Succession Act, 1925, Section 372 -- Succession certificate - Exemption from furnishing surety bond - Petitioner is sole legal heir and beneficiary of his parent's estate - Since there being no objections from any quarter, is thus, exempted from furnishing a surety - Succession certificate directed to be issued expeditiously to petitioner...........
Insolvency and Bankruptcy Code, 2016, Section 43(2) -- `Preferential transactions and relevant time' - If two conditions are satisfied, transaction would be deemed to be of preference: (a) the transaction, of transfer of property or an interest thereof of corporate debtor, ought to be for benefit of a creditor or a surety or a guarantor for or on account of an antecedent..........
