Criminal Procedure Code, 1973, Section 446 -- Discharge of surety from bail bonds - Appellant's husband stood surety for accused - Accused jumped bail - Surety died prior to forfeiture of bonds - Held the estate left behind by the surety stands discharged from all liabilities in respect of the bonds furnished by him...........
Banking service -- FDR - Non payment of maturity amount - On the ground that appellant - complainant stood guarantor to one 'T.K.' against her loan amount which has become NPA - There is no evidence that the appellant had stood as guarantor/surety of 'T.K' against the said loan had executed the guarantee deed or surety bond in favour of the bank - Respondents directed to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Termination of service of employee - Accused No.1 Managing Director of company, accused No.2, and partner of firm, accused No.3 - Complainant proved that accused issued the cheque to meet the liability of the company and firm whose Managing Director/partner he was - Accused failed to prove that he stood..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards repayment of loan - Money lender - Not possible to lend money without any document - Date of lending money not mentioned in complaint and notice - Ledger extract or any letter sanctioning loan amount or pronote to show sanction of loan not produced - Presumption u/s 139 is not..........
Criminal Procedure Code, 1973, Section 446 -- Non-appearance of accused - Forfeiture of bond - Court below directed appellant/surety to pay penalty and directed to issue distress warrant to realize the same - Appellant/surety pleaded that a lenient view may be taken as he was unable to trace out accused - Held, no case is made out for taking a lenient view but appellant..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Permission to sell land of minor - Permission sought by father on the ground that property not getting any return and difficult to take care of - Declined by Trail Court - Price of land prove to be between Rs.1, 50, 000/- and Rs.2, 00, 000/- - Father permitted to sell property of minor at the rate not less than Rs.2,..........
Consumer Protection Act, 1986, Section 2(1)(g), Telegraph Rules, 1951, Rule 443 -- Telephone disconnection - Rule 443 of the Rules authorizes the petitioner - Department to disconnect telephone of a surety if he fails to clear the dues of the person for whom he had stood surety - Petitioner Nigam had not committed any deficiency in service in disconnecting the telephone of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Contract Act, 1872, Section 128 - Banking service - Letter of credit - Surety's liability - Though ordinarily the liability of the surety is co-extensive with that of the Principal debtor yet in matters of letter of credit, it is not essential to seek relief against the principal - It is for the reason that since it is an..........
State Financial Corporations Act, 1951, Section 29 -- State Financial Corporation/creditor has right to transfer by way of lease on sale and realise property pledged, mortgaged, hypothecated or assigned to Financial Corporation by industrial concern and also by the surety...........
Contract Act, 1872, Section 126, 127, 128, State Financial Corporations Act, 1951, Section 29, 31 -- Liability of surety is co-extensive with that of principal debtor - Not necessary for Financial Corporation / creditor to first proceed against borrower - Creditor at liberty to proceed against surety in first instance...........
