Criminal Procedure Code, 1973, Section 441, 446 -- Bail bond - Liability of sureties - Modification of condition of bail order would not absolve liability of sureties - Most essential element of bail order is for ensuring the attendance of the accused - Other conditions are only subsidiary thereto - Forfeiture of bond would entail penalty against each surety for amount..........
Contract Act, 1872, Section 140, 145 -- If the principal debtor has paid a substantial portion of the loan amount, the guarantor need pay only the balance - Surety is entitled to recover from the former whatever amount the latter had rightfully paid under the contract of guarantee...........
Contract Act, 1872, Section 139 -- Surety - Discharge - The surety is discharged if the creditor does any act which is inconsistent with the rights of the surety or omits to do any act which his duty to the surety requires him to do and the eventual remedy of the surety himself against the principal debtor is impaired - The impairment of the eventual remedy of the surety..........
Contract Act, 1872, Section 128 -- Surety - Liability - If the loanee fails to satisfy the entire loan, the liability of the surety is co-extensive with that of the principal debtor - Debtor can legally proceed against the surety for the remaining amount...........
Contract Act, 1872, Section 128 -- Surety - Liability - Liability of surety is co-extensive with that of principal debtor unless provided otherwise by contract - Guarantors jointly and severally liable with principal borrower not only for principal amount but also for interest and other charges as per guarantee Bond - Decreeing suit against guarantors only for the..........
Contract Act, 1872, Section 128, 137, 145, Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against a dead person - Suit for recovery of loan against principal debtor and surety - Suit against principal debtor was found void ab initio as he had died even before institution of suit - Liability of surety is not discharged and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment in a suit for declaration - Plaintiff claiming to be owner in possession having perfected title by way of adverse possession - Applicant claiming present suit to be collusive to frustrate right of applicant in the suit filed for recovery of money which applicant forced to pay as surety of the parties to the..........
Civil Procedure Code, 1908, Order 20, Rule 11 -- Co-surety cannot insist that the creditor should proceed either against the principal debtor or against other sureties before proceeding against him as the liability of a surety is joint and several. (Contract Act, 1872, S.128)...........
Criminal Procedure Code, 1973, Section 401, 446(1) -- Forfeiture of Bond - Held u/S.446(1) of the Code when a bond is alleged to have been forfeited, the Court is required to record evidence and arrive at a conclusion that it is proved to his satisfaction that parties have forfeited their bond and thereafter he is required to record the grounds of such proof and may call..........
Contract Act, 1872, Section 128 -- Surety - Liability - Is co-extensive with that of principal debtor unless it is otherwise provided by the contract...........
