Criminal Procedure Code, 1973, Section 439, 446 -- Accused on bail - Accused jumped the bail - Surety failed to produce accused inspite of time sought by him - Surety imposed with penalty of Rs.7,000/- - Held, penalty is justified...........
Criminal Procedure Code, 1973, Section 169 -- Police investigating an office found that there is no evidence against accused to justify detention - Police Office Incharge of Police station shall release the accused on his executing a bond with or without surety - However when accused is produced before Magistrate then Magistrate has to release the accused from custody u/s..........
Criminal Procedure Code, 1973, Section 89, 436 -- Bailable offence - Non bailable warrants issued for procuring presence - The moment such a person is either produced in execution of warrant of arrest or appear on his own has to be released on furnishing bond with or without surety as liberty of no person can be curtailed, abridged or put in shelf in a case where he is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420 -- Permission to go abroad and to complete studies - Petitioner facing trial u/s 420 IPC in a complaint case - No intention on part of petitioner not to face prosecution - Petitioner allowed to leave India for completing her studies subject to the conditions that (i) proceedings may continue..........
Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Some of the grounds on which bail can be cancelled are (i) the accused misuses his liberty by indulging in similar criminal activity; (ii) interferes with the course of investigation; (iii) attempts to tamper with evidence of witnesses; (iv) threatens witnesses or indulges in similar activities which..........
Contract Act, 1872, Section 140, 141 -- Loan - Default in repayment - Suit for recovery against guarantor - Plea of guarantor that plaintiff has not enforced its security and has also not called for additional security and failed to preserve securities - Guarantor had in terms of contract waived benefits that were available to him - Plea that surety stood discharged..........
Wild Life (Protection) Act, 1972, Section 39(1)(d), 51(3A) -- Forest offence - Seizure of vehicle - Release - Order releasing vehicle during pendency of trial on furnishing Bank guarantee - Order valid - Contention that Magistrate should demand surety bond instead of bank guarantee - Contention repelled - When vehicle is seized in Forest offence the same is not normally..........
Contract Act, 1872, Section 128 -- Surety - Liability - It is co-extensive with liability of principal debtor unless otherwise provided in contract - Creditor can sue surety without bringing action against principal debtor...........
State Financial Corporations Act, 1951, Section 29(1), Constitution of India, 1950, Article 300A -- Surety - Corporation can take direct action against defaulting concern without Court's intervention - Right to take management or possession or both of concern as well as right to transfer by way of lease or sale and realise property pledged, mortgaged, hypothecated or..........
Contract Act, 1872, Section 128, 129 -- Surety - Liability - Decree passed in 1992 - Considerable delay on part of creditor in taking proceedings for execution of decree - Creditor to confine recovery to the original decretal amount and not to be extended to interest that has accumulated on account of delay in taking proceedings for execution of decree...........
