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..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted by High Court with condition to deposit Rs.10 lakhs by lst appellant and Rs.5 lakhs by second appellant - Condition is onerous - Order modified - Appellants to furnish self bond of Rs.50,000 each and one surety for the like sum...........
Criminal Procedure Code, 1973, Section 446 -- Cancellation of personal bond/surety bond and imposing of penalty - Accused regularly appearing - Accused ill on the date when case was fixed for pronouncement of order - Accused granted exemption from personal appearance - On the next date also accused applied for exemption from personal appearance and the same was granted -..........
Criminal Procedure Code, 1973, Section 446 -- Bail bond cancelled as accused failed to appear - Accused arrested in another case - Penalty of Rs.20,000/- imposed on surety - Penalty reduced to Rs.10,000/-...........
Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction - Accused were on bail during trial - No immediate prospect of appeal being heard in near future - Sentence suspended till disposal of appeal on furnishing a personal bond in the sum of Rs.20,000/- with one surety in the like amount...........
Criminal Procedure Code, 1973, Section 439, 437 -- Misappropriation - Grant of bail subject to deposit of Rs.2.50 lacs alleged to be misappropriated and to furnish surety bond for Rs.50,000/- - Direction to deposit Rs.2.50 lacs not warranted as part of condition for granting bail - Direction to deposit deleted...........
