23 July 2018 05:22PM
What is Bail?
Bail implies an order of release of an individual from jail and frames a vital piece of our criminal justice system which assumes each man innocent until (conclusively) proven guilty. Bail is conceded during the pendency of the trial of an appeal. Before bail is granted to the accused, a surety gives a guarantee to the Court that the accused will appear in the Court as and when required. In addition, a whole of cash is to be deposited to guarantee his appearance under the steady gaze of the Court, which generally stands relinquish.
What does section- 420 say?
According to section- 420 of the Indian Penal Code, 1860 it says about cheating and dishonestly inducing delivery of property,
Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
What is Bailable/ Non- Bailable offence?
Section 2 of the Code of Criminal Procedure, 1973 defines bailable and non bailable offences. Bailable offence is an offence which is shown as bailable in the First Schedule and it is right of the accused to be released on bail on giving required security.
An offence which is not a bailable offence is a non-bailable offence. In a non- bailable offence, the accused does not have a right to be released on bail. In these offences, the discretion is with the Court. The Court may release the person and may impose conditions on him.
Vinod Tiwari And Ors. vs. State of Madhya Pradesh And Anr, 13th October, 1995
This application under Section-439(2) of the Code of Criminal Procedure, 1973 (for short 'the Code') for cancellation of blanket order of bail passed under Secton-438 of the Code by Shri Rampal Singh, J. (since retired) as the non-applicant No. 2 apprehended his arrest for several accusations under Section-419 and 420 of the Indian Penal Code. The application for cancellation of blanket order of bail was heard by Mr. Justice G. C. Gupta (as he then was), who vide order dated 11-1-1991 cancelled the blanket order of bail. Non-applicant No. 2 approached the Supreme Court. The Supreme Court disposed of the Criminal Appeal No. 698 of 1991 arising out of SLP (Crl) No. 706/91, vide order dated 12th November, 1991 setting aside order of cancellation of bail and remitted the case for reconsideration by this Court with a direction that the application for cancellation of bail be assigned by learned Chief Justice to Senior most Judge available in the High Court (Mr. Justice Rampal Singh, since retired) for disposing of the application expeditiously. For one reason or the other, the matter could not be heard. Lastly Hon'ble the Acting Chief Justice vide order dated 17-7-1995 assigned the case to this Court for hearing and that is how the matter has come before this Court for hearing.
The applicant is directed to surrender himself before Police Station Civil Lines, Jabalpur on or before 30-9-1988 and in the event of his arrest, if he offers a personal bond of Rs. 100/-, then he may be released on bail. The applicant also apprehends that he may be arrested in 616 cases which may have been registered against him by the police. If so, then I think it proper to pass a blanket order. If the applicant is arrested by the police for other offences also and he files a personal bond of Rs. 100/- for each case, then he may be released on bail for those offences under Section-419 and 420, Indian Penal Code. But, he is directed to cooperate - with the Police for the purpose of interrogation and investigation.
"C. C. be supplied on payment of necessary charges." Misc. Cr. Case No. 2796/88 24-9-1988
For the reasons stated in the order passed today by me in Misc. Cr. Case No. 2827/88, this application is allowed.
The applicant is directed to surrender himself before Police Station Civil Lines, Jabalpur on or before 30-9-1988 and in the event of his arrest, if he offers a personal bond of Rs. 100/- then he may be released on bail. The applicant also apprehends that he may be arrested in 616 cases which may have been registered against him by the Police. If so, then I think it proper to pass a blanket order. If the applicant is arrested by the police for other offences also and he files a personal bond of Rs. 100/- for each case, then he may be released on bail for those offences under Section-419 and 420, Indian Penal Code. But, he is directed to cooperate with the police for the purpose of interrogation and investigation.
Considering the above well established principles relating to the cancellation of bail, so far as the bail granted to the non-applicant No. 2 after hearing on merits by the Sessions Judge, the petitioners or the Additional Advocate General have not produced any material before this Court to demonstrate that the accused is interfering with due course of administration of justice, evading or attempting to evade the due course of justice or abusing the concession granted to him, except that the accused is granted exemption from personal appearance during trial, hence the bail so granted cannot be cancelled. However, the bail granted under Section-438(1) of the Code by a blanket order, was contrary to the law laid down by the Supreme Court in Gurubaksha Singh Sibbia v. State of Punjab (supra), hence it is liable to be cancelled. Accordingly the bail granted for the offences under Section-419 and 420 of the Indian Penal Code registered at Crime Nos. 201/88, 539/89 and 17/91 by Police Station Civil Lines, Jabalpur are cancelled.
Anilbhai vs. State, 11th February, 2010
It is the case of the petitioner that the regular bail request of the petitioner is not maintainable. The petitioner was granted anticipatory bail only for offence under sections 406 and 420 of the Indian Penal Code. The anticipatory bail therefore cannot cover the subsequent additional section- 409 of the Indian Penal Code which is a much graver offence. The accused therefore cannot be stated to have been in custody so as to enable him to file regular bail application for offence under section-409 also.
In the present case, it is true that when respondent No.2 was granted anticipatory bail by this Court, provisions of section 406 and 420 alone were mentioned in the complaint against him. His arrest and subsequent release by the police pursuant to the anticipatory bail order of the High Court, therefore, would cover only the situation prevailing at the time of passing of such an order. It is also true that shortly thereafter section 409 of the Indian Penal Code was added against respondent No.2 with the permission of the Court.
27 September 2018 03 07 PM
A restraining order is an order allowed by a court to shield a victim from some risk or anxiety of threat from somebody. It is allowed to deny a man from reaching or pestering a person or abusing some other rights. It is issued by a court form of a civil order that controls a man from accomplishing
18 September 2018 12 14 PM
Calcutta police can now track traffic cases against any vehicle online, allowing graded fines to be imposed for offences. Vehicle owners too can track pending cases and pay fines online.Below we have provided the details and procedure of Kolkata Traffic E Challan payment mechanism and how to check t
14 September 2018 04 08 PM
As per PCDA(P) , Allahabad Circular No. 584 dated 07 Sep 2017, the broadbanding has been allowed to be granted to all qualified disability pensioners who have retired after 31 Dec 15. In like manner, broadbanding instances of every such retiree are being embraced by NAVPEN.
08 August 2018 02 58 PM
Above all else, any agreement is substantial or valid on stamp paper of rupees fifty. Agreement to rupees ten isn't legitimate. Rupees ten stamp paper is for affidavits and declarations as it were. Anyway legitimacy of the agreement does not rely on stamp paper. It thoroughly relies on the s
07 August 2018 02 47 PM
As indicated by Indian Trust Act, a trust might be framed for many different purposes, for example, Public Charitable Trust and Religious Trust. A Charitable Trust is made with the end goal of the advantage of the overall population or humanity. This sort of trust can be shaped by a person who cheri
04 August 2018 12 33 PM
In today's world, we can see the existence of various types of claims such as marital claims, personal claims, health claims, equity claims, insurance claims etc. In all these claims we have an accidental claim that has grown with the development in the present time.
03 August 2018 04 13 PM
Police verification is a character authentication in which local police station checks the status of the individual whether engaged with any unlawful act mostly heinous crime and furthermore gives a report of pending, disposed off cases
02 August 2018 11 25 AM
Encumbrance Certificate is one in every of the foremost very important documents once getting a property. If you're a vendee or getting ready to perform a transfer of property, reading regarding EC is important in guaranteeing a swish and legal proceeding fee transaction.
01 August 2018 12 46 PM
The two forms of case status officially recognized by Indian Courts are "Pending" and "Decided". Decided alludes to cases in which "no further proceedings remain to be directed as proved by the last judgment or other order of the court." [Trial Rule 77(G) (1)]
27 July 2018 05 18 PM
Validity of an agreement is determined by the Indian contract act. If two persons capable of contracting enter into an agreement for a lawful purpose and if there is a consideration (both the parties get something and loose something) - agreement is a valid contract unless expressly declared to be v
27 July 2018 05 12 PM
What Is a Will? Statutory Definition of ‘Will’: The term ‘Will’ is defined under ‘Section- 2(h)’ of The “Indian Succession Act, 1925”, means the legal declaration of the intention of a testator with respect to his property which he desires to be carri
27 July 2018 05 01 PM
Drunken driving is an offence in India, like many other countries worldwide. The object of making it an offence under law is to improve road safety by seeking to bring down the number of accidents and fatalities caused by driver’s fault. We really can’t blame the authorities for thinking
27 July 2018 04 31 PM
Charity is a practice of voluntary giving of help. The term can also be used with organizations, Section 8 companies (non-profit companies under the Companies Act, 2013), societies, trusts, etc. Not all non-profit organizations are charitable organizations. Some charitable organizations may be estab
24 July 2018 05 17 PM
Most of the people have a fear of going to the police station when a crime happens. There is generally a feeling that registering a complaint is a tough procedure or the police won't agree to file the complaint/FIR.
24 July 2018 01 41 PM
A man rules from his grave as regards to the devolution of his property after his death. A will is the intention of the person (testator) and his plans of what he wants to do with the property which he had acquired throughout his life. A will is the intention of a person for the time being as to who
23 July 2018 05 22 PM
Bail implies an order of release of an individual from jail and frames a vital piece of our criminal justice system which assumes each man innocent until (conclusively) proven guilty. Bail is conceded during the pendency of the trial of an appeal.
23 July 2018 05 13 PM
A standout amongst the most imperative records issued by Building Control is the Completion Certificate. This is the last stage in the application procedure, finishing the procedure. Building Control Surveyors complete nearby reviews at different phases of development. On agreeable completion of the
20 July 2018 05 40 PM
"Interlocutory application" implies an application to the Court in any suit, appeal or proceeding already instituted in such Court, other than a proceeding for execution of a decree or order.
19 July 2018 05 09 PM
Retail investors make a huge amount of money for providers or the brokers from Binary Options but rarely for the customers. The Indian version differs from the U.S. Majority of the customers are gamblers and pay house edge
18 July 2018 04 36 PM
Punishment for criminal breach of trust. —Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
18 July 2018 04 20 PM
What is Rectification deed? Rectification or Confirmation deeds are also known as amendment deeds. They are entered between two parties to correct any mistakes made in a previous deed. These errors may include typing mistake, spelling mistake, mistakes in property description, or any other mistake
18 July 2018 02 48 PM
Recovery suit or summary procedure is given in Order 37 of the Code of Civil Procedure. Whose question is to condense the strategy of the suit in the event that the respondent isn't having any defence?You can document Summary Suit even without serving notice. There is no particular necessity
18 July 2018 02 25 PM
The Contempt of Courts Act of 1971 is a standout amongst the most powerful statutes in the country. There have been few laws passed since 1926 to govern the law of contempt in the country, the current one being The Contempt of Courts Act, 1971 which was last amended in 2006.
17 July 2018 05 15 PM
What is an insolvency petition? As stated in section-10 of The Provincial Insolvency Act, 1920 Conditions on which debtor may petition.— 1. A debtor shall not be entitled to present an insolvency petition, unless he is unable to pay his debts and— a) his debts amount to five hundred
17 July 2018 05 10 PM
Part XI in the Indian Penal Code, 1860 manages 'False Evidence and Offenses against Public Justice'. Recording false testimony and prevarication goes under Chapter XI of the IPC.
17 July 2018 05 03 PM
There are different classifications that can be covered under the domain of harassment at working place against the representatives because of which the workers need to endure embarrassment and Mental Torture and are often exploited by their respective supervisors.
17 July 2018 04 38 PM
E-Registration Fees Collection framework is a protected electronic method for Collection of Registration Fees alongside the Other Charges and installment system to the State Government. It is a stage towards e-Governance which guarantees that Registration expense and Other Charges paid by open achie
17 July 2018 02 59 PM
What Is An Affidavit For Gap In Education? Gap year is a taking off year before joining the college/university. Gap between studies can cause because of numerous reasons, for example, Gap because of occupation, because of different exams and some more.
17 July 2018 02 37 PM
The National Consumer Court has ruled that an educational institution is bound to refund admission fee of a student if he/she opts out before a course has started and the vacant seat goes to another candidate.
17 July 2018 02 12 PM
Who is eligible to file for getting an OBC certificate? i. In accordance with Notification No.F.28(93)/91-92/SCST /P&S/4385-95 dated 20-01-1995 of Govt. of NCT of Delhi, 53 Castes have been notified as Other Backward Castes (OBCs) for the purpose of reservation of 27% vacancies in Civil posts/s
16 July 2018 05 50 PM
WHAT IS A CRIMINAL CASE? A criminal case, in common law jurisdictions, starts when a man is associated with a crime is arraigned by a grand jury or generally accused of the offense by a government official called a prosecutor or district attorney. A criminal case may in a few jurisdictions be sett
16 July 2018 05 04 PM
INTRODUCTION: LIC stands for Life Insurance Corporation. This is the main insurer in India People buys insurance policies to pay the premium, LIC provides financial protection to the insured in those policies.
16 July 2018 04 55 PM
What is a rent agreement? A rental agreement is fundamentally a contract, regularly composed, between the owner of the property and a tenant who needs to claim a temporary ownership of the property as distinguished from a lease that is a lot of usually for a hard and fast term. As a minimum, the ag
16 July 2018 04 38 PM
As a business or an HR administrator, sooner or later will undoubtedly confront the unavoidable. A RESIGNATION – Yes, resignations are a vital part of expert associations, particularly developing business. Now and again, you may have the capacity to take a renunciation in your walk. Be that as
16 July 2018 04 24 PM
If you are from CBSE Board then according to Rule 69.1 of the Examination Byelaws, change in name of competitor/father/mother/watchman once entered in the Board's record at any stage while contemplating in Class IX, X, XI, XII or from that point inside a time of ten years from the date of is
16 July 2018 04 01 PM
The first thing which needs to be explained is what actually is disposing of? Case status is said to be disposed-off in the legal terminology when the case proceedings are completed. Contingent upon whether it’s a suit, an application, a writ petition, a motion or a chamber summons so far as
16 July 2018 02 27 PM
Everybody doesn’t write wills. Some people simply leave their properties without telling about the succession. This is the point at which the individual has 'died intestate' meaning who dies without having a made a will. Heirs ought to get what is legitimately theirs. Now a day
16 July 2018 01 21 PM
Birth certificate is issued by Government. It is the very first certificate issued to a person by the Government which acts as an address proof and which is used to get any certificate in future even to get admission in school.
16 July 2018 01 19 PM
Birth certificate is issued by Government. It is the very first certificate issued to a person by the Government which acts as an address proof and which is used to get any certificate in future even to get admission in school.
16 July 2018 01 00 PM
Meaning of Disposed Off The dictionary meaning of the term ‘dispose off’ means “to get rid of” something. Thus, when you file a case, it is either decreed or dismissed. In view of the decree, the case has reached its conclusion with the passing of the judgment by the Honor
13 July 2018 05 04 PM
What is a Legal Heir Certificate? At the point when the head of the family or a relative passes away then the following lawful beneficiary of that individual can apply for the legal heir certificate.
11 July 2018 10 54 AM
Besides paying for a rooftop over your head and keeping the lights on, a phone bill is presumably the highest priority on your list as an "essential" month to month cost. If you don't pay your cell phone bill, your record will go into overdue debts. Your telecommunication c
10 July 2018 03 09 PM
Introduction Separation being an evil, it must stay away from beyond what many would consider possible. Be that as it may, once in a while this evil turns into a need. When it becomes impossible for the parties to bear on their association/union with shared love and warmth, it is smarter to enable
10 July 2018 02 45 PM
Hardly any individuals cruise through existence without borrowing. With a couple of special cases, nearly everybody takes a loan to purchase a car, to build a house, to pay for a school education or cover a medicinal emergency. Loans are almost omnipresent as are the agreements that give certificati
10 July 2018 02 34 PM
What is a stamp duty? Before financial gain and consumption taxes were considerable assets, governments raised revenue through property taxes, import duties and stamp duties on monetary transactions. As financial gain and consumption have big, though, it'd have created sense to try to away with sta
10 July 2018 02 19 PM
Arya Samaj is a reform movement of the Hindu religion, founded and led by Swami Dayanand Saraswati in 1875. Citing the pre-eminence of the Vedic principles, as the eternal truth, the reformist preacher rejected all the later accretions to the Vedas and the same is, oppose idolatry, animal sacrifice,
10 July 2018 01 10 PM
On a surprise passing of a relative, a legal heir certificate must be acquired to build up the relationship between the heirs and deceased for claims identifying with the annuity, provident store, gratuity or other service benefits of local and state government divisions. A legal heir certificate en
10 July 2018 12 48 PM
WHAT IS A STAY ORDER (IN INDIA)? A stay of proceedings is a decision by the court to ensure the status quo in common and criminal methodology; stopping further lawful process in a preliminary or other lawful continuing. The court can in this way lift the stay and resume the proceedings in view of o
10 July 2018 12 34 PM
Creamy layer is the word which is used in Indian politics, which refer to the well-educated and more well-educated members of OBC, which is not eligible for government-sponsored academics and business benefits program. The term was introduced in 1971 by the Sattanathan Commission, in which it was in
09 July 2018 05 58 PM
The law applicable to the possession and use of guns by Indian civilians is the Arms Act of 1959. To own a gun or any similar arms in India, one has to undergo a long application procedure that can be expensive as well.
06 July 2018 05 46 PM
The Hyderabad Traffic police allow its residents to check the status and also pay their challans online. This article provides you with the method of paying off challans over the internet, called the e-challan and also gives a list of road and traffic offences in Hyderabad. For more information on H
04 July 2018 03 07 PM
Section 154 of the Code of Criminal Procedure, 1973 states that when a cognizable crime is committed, every information related to it shall be noted by the police officer to whom such information is relayed orally and be read over to the informant after taking it down in writing. The written documen
02 July 2018 12 38 PM
For various reasons, one might want to get their names changed or corrected in the CBSE mark sheet or certificate of class 10 and class 12. CBSE has a set procedure allowing for such name changes or name correction.
29 June 2018 03 27 PM
The Muslim law of inheritance derives its principles from four principal sources of Islamic law which are: the holy Koran, the Sunna i.e. the practice of the Prophet, the Ijma i.e. the consensus of the learned men of a community on a particular point of law and the Qiya i.e. the analogical deduction
09 June 2018 12 27 PM
What is Anticipatory Bail? Anticipatory bail is a special type of bail which is can be sought by a person even before he is actually arrested. Anticipatory bail is governed by Section 438 of the Code of Criminal Procedure (CrPC) which states that if a person has reason to believe that he may be arr
05 January 2018 11 34 PM
Legal Resolved is a creative new age law office, where customers use on refresh, inside and out information to adjust to advancing business condition. With about a time of our quality, they have worked with various high effect innovation organizations, extensive corporates, high development new comp
17 August 2017 01 13 PM
Controversies have a power of shaping the outcome of an incident, altering the course of an event, and sometimes even setting right what could otherwise have gone wrong; while on the other side of the coin, it also sometimes ruins the true essence of the subject matter. India has had a series of con
28 April 2017 10 22 AM
Alimony or maintenance is awarded to a spouse in the form of financial support by the other spouse under Sec. 25 of the Hindu Marriage Act or Sec. 125 of the Criminal Procedure Code. Legally stating, either husband can claim alimony from wife or vice-versa. But in practise, it is the wife who claims
21 April 2017 02 19 PM
Legal Resolved is an online legal help portal which aims at providing legal aid to the society via multifarious methods. One thing that interests its user is that it covers both lawyers and clients. It is one of the most convenient ways to get in touch with the lawyers of District Courts, High Court
10 March 2017 03 35 PM
The alimony amount is given at the time of dissolution of marriage. It is a financial support to either spouse who is unable to earn or unable to maintain himself/herself. The alimony amount can be claimed by either spouse but usually wife claims it from husband in our patriarchal society. The alimo
Popular Lawyers in India