Criminal Procedure Code, 1973, Section 451, Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Release of documents recovered from accused - Documents ordered to be released on Sapurdari on furnishing Sapurdari Bonds in the sum of Rs.10 Lacs with one surety in the like amount undertaking to produce such..........
Indian Penal Code, 1860, Section 379, 447, 506, 511, Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Theft - Trespassing - Petitioner had merely made an attempt to take possession of property on which khokha of complainant exists - He has been in custody w.e.f. November 7, 2011 - Challan have already been presented against him - Held, petitioner can be..........
Parole -- Sought on ground to look after old and paralyzed parents - Petitioner was released on parole on 22.7.2009 - Surrendered in time and did not misuse concession of bail - It has been more than two years when petitioner committed jail offence when he hit a fellow convict with a welding stick - Held, it is a fit case to grant parole to petitioner - Petitioner directed..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Imposition of condition - Sustainability of - Impugned order directs submitting of Rs.15 lakhs in form of a FDR in lieu of streedhan articles of petitioner however, petitioner has been permitted to go to USA without any condition being imposed with the result that there is no condition to ensure..........
Family Courts Act, 1984, Section 7(1) - - `Circumstances' arising out of marital relationship - The first respondent happened to stand as a surety for appellant for the amount due from him to K.S.F.E. only because of the influence or compulsion of her husband when marital relationship between her and her husband was subsisting and also when she was staying in her..........
Contract Act, 1872, Section 2(d) -- Consideration - Collateral security offered by the surety - Held, the term `consideration' as defined under S.2(d) of the Contract Act makes possible the enforceability of a debt even against a stranger to consideration, so long as the detriment suffered by the promissor is for the benefit obtained to another person - Collateral security..........
State Financial Corporation Act, 1951, Section 29 -- Possession of a surety - Powers of Corporation - Held, there is simply no power to the Corporation to take possession of a surety under S.29 and bring the properties secured for sale without the aid of the Court...........
Indian Penal Code, 1860, Section 323, 34, Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360 -- Incident occurred on spur of moment and is traverse in nature - Appellants doesn't have any previous conviction - Complainant left village about 11 years back - Complainant as well as appellants are residing peacefully for last 11 years in..........
Criminal Procedure Code, 1973, Section 446 -- Imposition of penalty of bond amount of surety - Validity - As soon as accused met with his family members (sureties) they tried for his production - Quarrel took place - Appellant "G' immediately made a report to concerned police station where warrant of arrest was pending - Accused was taken into custody which was informed to..........
Prison (Bombay Furlough and Parole) Rules, 1959, Rule 6 -- Proviso - - Release on parole/furlough - Confinement in open jail - Requirement of execution of surety bond - As per proviso to R.6 of Rules convict confined in open prison can be released on furlough/parole by sanctioning authority by dispensing with requirement of execution of bond by the relatives...........
