Civil Procedure Code, 1908, Section 145, Order 41, Rule 5, Contract Act, 1872, Section 134 -- Bank guarantee - Appeal disposed of - Retention of - Petitioner furnished a bank guarantee in FAO in terms of order passed by HC - FAO disposed of - A plea raised by petitioner for release of bank guarantee was disposed of by ADJ by ordering that bank guarantee shall be released..........
Criminal Procedure Code, 1973, Section 482 -- Permission to go abroad during trial - Accused facing trial in an offence u/ss 420, 406, 403 and 34 IPC - Accused on bail - Accused wanted to go abroad to participate in the Regional Sales Meeting - Accused allowed to go abroad to attend the meeting subject to his furnish security in the sum of Rs.Four lakhs with one surety in..........
Criminal Procedure Code, 1973, Section 389, Negotiable Instruments Act, 1881, Section 138 -- Suspension of sentence during pendency of appeal - Conviction u/s 138 Negotiable Instruments Act and accused was ordered to pay compensation - Sentence suspended on condition of deposit of 50% of fine and a bond with surety of Rs.20, 000/- to ensure appearance before appellate..........
Contract Act, 1872, Section 10, 126 -- Surety - Rights and liabilities of a surety and borrower are different and distinct - Everything depends upon the terms of the guarantee...........
Criminal Procedure Code, 1973, Section 446 -- Surety - Forfeiture of bond - Before issuing recovery warrant show cause notice is mandatory - Recovery warrant without issuing show cause notice set aside - Matter remitted back for providing the appellants reasonable opportunity of hearing and opportunity to show cause and to pass appropriate order...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Issue of show cause notice u/s 446 Cr.P.C. - Held, it is the duty of court to give notice to person whose bond is or has been forfeited, calling upon him either to pay the penalty or to show cause why it should not be paid - Issuance of such notice is mandatory...........
Criminal Procedure Code, 1973, Section 446 -- Recovery of amount of personal bond as penalty - Requirement of notice - Held, before passing order to recover amount of bond as penalty, notice is required to be issued to accused and his sureties to show cause as to why amount of bond be not realized from them as penalty - Passing order to recover amount of personal bond or..........
Criminal Procedure Code, 1973, Section 167, 437(5) -- Default bail - When can be Cancelled? - Held, where charge-sheet is not submitted against arrested accused within statutorily prescribed period of 60, 90, or 180 days, as the case may be, arrestee acquires a right to be released on bail - In such circumstances, court is bound to direct his release on bail with or..........
Parole -- Petitioner granted parole for 4 weeks with reduction of surety amount and also permission to furnish local surety...........
Contract Act, 1872, Section 134 -- Surety - Liability of - Surety bond containing signature of defendant No.2 - Plea of signing on blank paper - Held, not tenable - Defendant No.2 jointly liable to make payment - Omission of creditor Bank if any can only be considered either on date of filing of suit or on date of judgment...........
