Any Surety - Law Dictionary Search Results
Home Dictionary Name: any suretyAny surety
Any surety, on its plain grammatical meaning there can be no doubt that the term 'any surety' will include not only a surety who has given some security but also one who has given only a personal guarantee, Maharashtra State Financial Corp. v. Jaycee Drugs and Pharmaceuticals (P) Ltd, (1991) 2 SCC 637 (653). [State Financial Corporation Act, 1951, s. 31(1)(aa)]...
Bail
Bail [fr. bailler, Fr., to hand over], to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him.Means a security such as cash or a bond, especially security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135.Bail, a temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing, Webster's Dictionary of Law, Indian Edn., (2005), p. 41.Bail may be given either in civil or criminal cases.In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-(1)...
Surety
Surety, hostage, bondsman; one that gives security for another; one that is bound for another. A surety who discharges the liability of the principal debtor is entitled to an assignment of all the securities held by the creditor, and is entitled to contribution from his co-sureties, see Steel v. Dixon, (1881) 17 CD 825.Means the person by whom any security is provided, Wilson v. First Country Trust Ltd., (2001) LR 407 (QB) Consumer Credit Act, 1974 (C 39), s. 189(1).Surety, The person who gives the guarantee is called the surety. (Contract Act, 1872 (9 of 1872), s. 126)A person who is primarily liable for payment of another's debt or the performance of another's obligation, Black's Law Dictionary, 7th Edn., p. 1455....
Surety bond
Surety bond, a surety bond is a contract and it is a question as to how far its terms can be considered to have been varied by any unilateral act. Each bond has to be construed on its own terms. But in construing the terms of a surety bond for the production of an accused person, the purpose and object of executing it must be kept in view. Such a bond is executed for the purpose of ensuring the presence of the accused concerned in Court in which he is standing his trial for a criminal offence at the hearing of the case. But for the execution of such a bond, the accused would have to remain in custody so that the trial may proceed smoothly, State of Maharashtra v. Dadamiya Babumiya Sheikh, AIR 1971 SC 1722 (1724): (1972) 3 SCC 85.In the case of fidelity guarantees the security is discharged if a material alteration takes place in the risk, e.g., change of duties, Pybus v. Gibb, (1856) 6 E&B 902, or upon non-disclosure by the person to whom the guarantee is given of a matter affecting th...
bail
bail [Anglo-French, act of handing over, delivery of a prisoner into someone's custody in exchange for security, from bailler to hand over, entrust, from Old French, from Latin bajulare to carry (a burden)] 1 : the temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing [while free on ] 2 : the security given for a prisoner's release ;also : the amount or terms of the security [excessive shall not be required "U.S. Constitution amend. VIII"] [posted cash ] [motion to reduce ] 3 : one who provides bail and is liable for the released prisoner's appearance [ may arrest or authorize arrest of principal "Code of Alabama"] jump bail : to flee the jurisdiction while released on bail make bail : to be released on bail vt 1 : to release on bail 2 : to obtain the release of by giving bail often used with out 3 : to place (personal property) under a bailment [identity of the article claimed to have been ed "Peet v. Roth Hotel...
Bail to the action
Bail to the action, is the surety for a civil defendant arrested by a mesne process e.g. a process issued during the lawsuit. If the defendant lost the lawsuit, the bail to the action was bound either to pay the judgment or to surrender the defendant into custody. Also termed bail above; special bail c.f. bail to the Sheriff, Black Law Dictionary, 7th Edn., p. 135....
Bail-bond
Bail-bond, an instrument prepared in the sheriff's office after an arrest, executed by two sufficient sureties and the person arrested, and conditioned for his causing special bail to be put in for him in the court out of which the arresting process issued, and in Admiralty Proceedings, see R.S.C. Orders, XII and XXIX.Means a bond given by a criminal defendant or by his or her surety to ensure compliance with the terms of bail and especially with the requirement that the defendant appears in court as scheduled, Webster's Dictionary of Law, Indian Edn., (2005), p. 55....
Justifying bail
Justifying bail, proving the sufficiency of bail or sureties in point of property, etc. see BAIL...
In relation to any proceeding in any court
In relation to any proceeding in any court, the proceedings before a Magistrate in which he agrees with the report by the police under S. 169, Criminal Procedure Code, and the proceedings in remand or bail applications during investigation will not amount to proceedings in or in relation to court, Kamalapati Trivedi v. State of West Bengal, AIR 1979 SC 777: (1980) 2 SCC 91: (1979) 2 SCR 717...
surety
surety pl: -ties [Anglo-French seurté, literally, guarantee, security, from Old French, from Latin securitat- securitas, from securus secure] 1 : a formal engagement (as a pledge) given for the fulfillment of an undertaking 2 : one (as an accommodation party) who promises to answer for the debt or default of another NOTE: At common law a surety is distinguished from a guarantor by being immediately liable as opposed to becoming liable only upon default of the principal. Under the Uniform Commercial Code, however, a surety includes a guarantor, and the two terms are generally interchangeable. ...
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