AI Overview...
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Withdrawal of Bailor - Several cases and legal provisions address the withdrawal of a bailor or surety. For instance, Niranjan Dev Goswami expressed his desire to withdraw as a bailor for the writ petitioner, which was permitted after considering the circumstances such as guarantors withdrawing and re-emerging Md. Nur Uddin VS State of Assam - Gauhati.
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Surety/Guarantee Withdrawal - Petitioners often seek permission to withdraw their surety or guarantee, especially when the underlying transaction or liability has been settled or prior to the incident. Examples include petitions where sureties are discharged after vehicle purchases or payment of compensation Jitendra Kumar Singh @ Dadu Singh son of Yashwant Singh VS State of Jharkhand - Jharkhand, LAXMI PAL vs THE STATE OF JHARKHAND AND ANR - Jharkhand.
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Legal Framework and Conditions - Courts emphasize that the sufficiency of a bail bond is an indeterminate factor, and bailors are required to furnish detailed information, including any change of address or circumstances, to the court. Affidavits can be accepted as proof of the sufficiency of bail Ramdev Sahani VS State of Bihar - Patna.
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Court Discretion and Procedure - Courts generally permit withdrawal of petitions or bailments when justified, such as no longer pursuing the case or resolving underlying issues. For example, petitions are disposed of as withdrawn when the petitioner seeks remedies elsewhere or no longer wishes to pursue the matter ASIFBHAI HUSENBHAI TAILOR vs STATE OF GUJARAT - Gujarat, Rukhmani Devi, W/o Yugeshar Ganjhu vs State of Jharkhand - Jharkhand.
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Implications of Withdrawal - Withdrawal may involve conditions, such as undertaking to withdraw pending cases or ensuring the return of amounts. For instance, in settlement cases, the appellant is allowed to withdraw amounts if they file an undertaking to withdraw pending cases against respondents Ranjana Vinod Kejriwal VS Vinod Babulal Kejriwal - Current Civil Cases.
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Other Contexts - Withdrawal also applies in contexts like pension rights or administrative duties, where misconduct or failure to perform duties (e.g., a jailor breaching duties) can lead to withholding or withdrawal of pension or other benefits State of Maharashtra VS K. B. Nimbalhar - Bombay.
Analysis and Conclusion:
Withdrawal of a bailor or surety is a common legal occurrence, often permitted when the underlying liability is settled or circumstances change. Courts require proper documentation and adherence to procedural conditions, emphasizing transparency and accountability. The overarching principle is that withdrawal should not prejudice the rights of other parties and is subject to judicial discretion and statutory guidelines.
References:
- Md. Nur Uddin VS State of Assam - Gauhati
- Jitendra Kumar Singh @ Dadu Singh son of Yashwant Singh VS State of Jharkhand - Jharkhand
- LAXMI PAL vs THE STATE OF JHARKHAND AND ANR - Jharkhand
- Divisional Manager, New India Assurance Company Limited VS Kalaagadda Bhoomaiah - Andhra Pradesh
- Ramdev Sahani VS State of Bihar - Patna
- STATE OF U. P. VS RADHEY SHYAM TRIPATHI - Allahabad
- ASIFBHAI HUSENBHAI TAILOR vs STATE OF GUJARAT - Gujarat
- Rukhmani Devi, W/o Yugeshar Ganjhu vs State of Jharkhand - Jharkhand
- State of Maharashtra VS K. B. Nimbalhar - Bombay
- Ranjana Vinod Kejriwal VS Vinod Babulal Kejriwal - Current Civil Cases
Search Results for "Withdraw of the Bailor"
2017 0 Supreme(Gau) 382 • India - Gauhati
ACHINTYA MALLA BUJOR BARUA
Sarma also refers to the Affidavit annexed as Annexure-3 to the said affidavit-in-opposition by one Niranjan Dev Goswami stating that he wants to withdraw himself as a bailor to the writ petitioner. ... The said interim order was passed on the premises that the respective guarantors of respondent No.5 had withdrawn and re-emerged. ... Clause 7 of the NIT, inter alia, provides that once the tendered bid is submitted, the same cannot be withdrawn and after it is so done, if the bidder, who is settled with the market refuse....
2016 0 Supreme(Jhk) 732 • India - Jharkhand
RONGON MUKHOPADHYAY
Subsequently, an application was preferred by the petitioner that since the vehicle in question was allegedly purchased by Munna Ansari much prior to the incident from Deepak Pratap Deo, the petitioner be permitted to withdraw his surety and be discharged from his liability of being a bailor.
• India - Jharkhand
his surety and be discharged from his liability of much prior to the incident from Deepak Pratap Deo, the petitioner be permitted to withdraw
2014 0 Supreme(AP) 1251 • India - Andhra Pradesh
C.V.NAGARJUNA REDDY
- Therefore appellant is permitted to withdraw the remaining amount lying with Commissioner - Considering fact that respondent is ... represented that appellant has deposited entire compensation amount awarded by Commissioner out of which respondent was permitted to withdraw ... a laborer deem it appropriate that appellant will not recover amount already withdrawn by respondent - Insurance policy issued by ... It is represented that the appellant has deposited the entire compensation amount awarded by the Commissioner, out of which, respo....
2014 0 Supreme(Pat) 205 • India - Patna
ANJANA PRAKASH
New Code the Courts have to keep in mind that; (i) the sufficiency of the bond is an indeterminate factor (441) (ii) Both, the bailor ... [441 (4)] (v) a bailor has to furnish further details (441 A)-Conditions imposed in the present cases explained-guidelines to Criminal ... condition (437 (3) (a) read in consonance with 441 Form 45) (iv) The Court is competent to accept Affidavits in proof of sufficiency of Bailors ... So the condition further requires a bailor to give information to the Court on any change of address.....
1983 0 Supreme(All) 75 • India - Allahabad
R.A.MISRA, K.N.SETH
On 9th October the Jailor visited him again and asked him to withdraw the writ petition promising that he would be given all facilities ... District Judge, and the counter affidavits filed by the contemners to conclude that the contemners had put pressure on Joshi to withdraw ... On the request of the petitioner to set him free, the Jailor agreed to remove the handcuff if he withdrew his writ petition. ... On 9th October the Jailor visited him again and asked him to withdraw#....
• India - High Court of Gujarat
S.H. VORA, RAJENDRA M. SAREEN, JJ
Facts of the Case: The petitioner sought permission to withdraw the petition as no detention proposal was received. ... ... ... Result: The petition stands disposed of as withdrawn. ... ... ... Findings of Court: ... The petition was disposed of as withdrawn with a clarification on future proceedings under the PASA ... Under the circumstances, learned advocate for the petitioner seeks permission to withdraw the present petition at this stage. Permission is granted. The petition stands disposed of as #HL_S....
2025 0 Supreme(Jhk) 819 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
The petitioner eventually requested to withdraw the petition to seek remedies before a different body. ... ... ... Result: Writ petition dismissed as withdrawn, with liberty granted to approach the appropriate forum. ... ... ... Findings of Court: ... The court adjudged that dismissing the petition as withdrawn would not affect the petitioner's rights ... Learned counsel appearing for the petitioner, upon this, has submitted that leave may be granted to withdraw this writ petition with liberty to approach the appro....
2006 0 Supreme(Bom) 160 • India - Bombay
D.Y.CHANDRACHUD
A Jailor has been found to be in breach of his duties at a Jail. ... Maharashtra Civil Services (Pension) Rules, 1982 - Rule 27 - Pension - Reduced - Ground - Misconduct - Jailor found guilty of failure ... Right of Government to withhold or withdraw pension - (1) Government may, by order in writing, withhold or withdraw a pension or any part of it, whether permanently or for a specified period, and also order the recovery from such pension, the whole or part of any pecuniary loss caused to Government, ... ... ( 10 ) RU....
• India - Current Civil Cases
P.B.MAJUMDAR, R.V.MORE
to withdraw all pending cases. ... all pending cases against the respondent and his family members—Appellant to be permitted to withdraw the amount if she files undertaking ... proved—Respondent’s offer to deposit in court a sum of Rs. 15,00,000 by way of full and final settlement of all claim provided appellant withdraws ... The appellant can withdraw the same on condition that she should file an undertaking that she will withdraw all the pending cases filed against the respondent and his family membe....
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