Service -- Removal from service - Police constable - Stood surety of a hardened criminal involved in 32 cases of snatching of goods - He also aided several other criminals in securing bail - Inquiry Officer arrived at a finding that respondent knew fully well that accused was involved in a series of snatching cases - Punishment imposed by Disciplinary Authority in removal..........
Transfer of Property Act, 1882, Section 54 -- Nature of transaction - Nominal sale deed - Plaintiff took loan of Rs. 400/- - Sale deed executed as surety in favour of Defendant - Agreement with regard to reconveyance of property on repayment of loan amount within 3 years also executed - Plaintiff failed to repay the loan - Mutation of property entered in favour of..........
Civil Procedure Code, 1908, Order 41, Rule 6 -- Execution proceedings - Stay of - Execution of judgment and decree passed by trial Court stayed by appellate Court subject to furnishing of bank guarantee by petitioner - Petitioner failed to comply with the order passed - His appeal was subsequently dismissed and he preferred Regular Second Appeal which was admitted but..........
Criminal Procedure Code, 1973, Section 446(2) -- Bail - Jumping of - Surety failing to produce accused and penalty of Rs.25,000/- imposed - Surety had fabricated false record that he is owner of 5 acres of land - No ground to take lenient view...........
Criminal Procedure Code, 1973, Section 439 -- Permission to go abroad - Petitioner not violated any of conditions of his pre-arrest bail - Petitioner had gone abroad thrice during investigation by seeking permission from concerned Court and always had come back in time - Petitioner allowed to go abroad in connection with business and come back and present himself before..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against principal debtor and surety - Suit against principal debtor abated - Suit abates in totality and it cannot be decreed against surety alone...........
Contract Act, 1872, Section 128 -- Surety - Liability - Once a person offers to be a surety, his liability to repay the debt is co-extensive with that of the debtor and other co-sureties, until the debt is cleared or repaid or the creditor has consented for his discharge from repaying the loan amount - Decree-holder is always at liberty to proceed either against the..........
Contract Act, 1872, Section 128, 133, 139 -- Guarantor - Variance in terms of contract - If principal debtor and creditor agree to vary terms of original contract, the new terms do not bind surety unless he has assented to new terms...........
Civil Procedure Code, 1908, Order 21, Rule 30 -- In execution D.H. received certain amount from the principal debtor and the balance was to be paid in instalments - Default in payment of instalments - For recovery of the remaining decretal amount, D.H. cannot proceed against surety without exhausting his remedies against principal debtor completely...........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Money decree against principal debtor and surety with joint and several liability for recovery of amount due - Principal debtor paid certain amount and offered to pay the balance in monthly instalments - Execution petition closed by order with these terms to which D.H. did not object - Principal debtor committed default in..........
