CiteTEXT
...
the extent that the petitioner may be allowed to furnish the surety as per the
provisions of Section 445 of the Code of Criminal Procedure (for short
'Cr.P.C.') and seeks...withdrawal of the petition.
Dismissed as withdrawn.
However, it is directed that learned trial Court may look in the
feasibility of deposit by invoking the provisions of Section 445 Cr.P.C...
...below under Section 445 Cr.P.C. That the relatives have no properties, cannot be a ground to modify or cancel the condition. The willing surety can very well make an...application before the court below under Crl.M.C.. No. 6289/2015 2 Section 445 Cr.P.C. with request for permission to deposit the bond amount in lieu of execution of bond...Section 439 Cr.P.C. in connection with Crime No.807/2015 of the Kollam West Police Station registered under Sections 366 and 376 IPC and Section 3(a) and 4 of the Protection...
...such bond. Reference is made to Section 445 Cr.P.C and reliance is placed on the decisions of the Honoourable Supreme Court in Motiram v. State...submissions made by the learned counsel for the petitioner. The very purpose of Section 445 Cr.P.C is to ensure that a person is not denied an opportunity to be enlarged on bail merely for the reason that...he is unable to execute bond, with or without sureties. Section 445 Cr.P.C provides for deposit of a sum of money or Government Promissory Note to such amount as the Court may fix in lieu of executing...
...promissory Note as the Court may fix in lieu of executing such bond, under Section 445 Cr.P.C Therefore, imposing deposit of cash security along with execution of bond with...two sureties is not permissible under law. Thus, the trial Court as well as the revisional Court have contravened the provisions enshrined under Section 445 of the Cr.P.C and on that solid ground...confirmed the order of the Magistrate. Hence these petitions are filed under Section 482 Cr.P.C2. The learned counsel appearing for the petitioner submits that the petitioner is a poor...
...(1) In this petition the grievance of the petitioner is that the order directing him to deposit rs. 10,000/ - in cash is contrary to section 445 of code of..., cannot insist upon deposit of any cash in lieu of bond.
(2) Section 445 of cr. P. C. Reads as under: -
"when any person is...above circumstances, i am convinced that an illegality has been committed by the learned judge. Moreover, such a condition runs counter to the spirit of section 445, cr. P. C.
(4) For...
...to Section 445(2) of the Act held that the Magistrate Court has power to order distress and sale of ship or her equipments thereon for recovery of wages payable to seamen or to demand security for the...under Section 445(2) of the Act. On facts it is admitted by the learned counsel for the appellant that maintainability of applications filed by the Captain and certain other employees of the...under Section 445(2) of the Act for arrest and detention of the ship and her equipment. Since the question has to be considered with reference to the statutory provisions, we extract hereunder Section...
.... 5. I have considered the contentions. 6. The present case could not fall withing definition of Section 445 as there is no evident to the effect that the.... Considering the case to be one under fifty category of Section 445 I.P.C, the revision petition deserves to be partly allowed. 8. The revision petition...his arguments to framing of charge under Section 459 I.P.C. It is contended by him (2 of 3) [CRLR-1311/2017] that the offence under Section 459 I.P.C...
...State of U.P. In the light of Section
445 Cr. P.C. he may be permitted to deposit cash in place of
furnishing sureties. In support of his version, he has filed two
orders of the co-accused persons...benches of
this Court in the light of Section 445 Cr. P.C. the modification
application is allowed to the extent of furnishing local sureties for
heavy amount, the applicant is directed to deposit Rs. 01...
...deposit a sum of money of like amount as provided under Section 445 of Cr.P.C.
3. Counsel for the applicant submits that co-accused, Jumma Khan on whose parity, bail...Khan through modification application in view of the provision of Section 445 Cr.P.C. In view of that the applicant is resident of other state and he is not able to furnish the two local sureties....
4. Learned counsel for the applicant placed reliance upon under Section 445 of Cr.P.C., which is as follows:
"445. Deposit instead...
...Counsel appearing for the petitioners contended that having regard to Section 441 of Cr. P.C and Section 445 of the said Code the learned Magistrate could not pass orders...bail on the terms and conditions set forth in the section. Similarly, Section 445 reads as follows:“445. Deposit instead of recognizance.—When any person is required by any Court or...the option of the accused persons to furnish cash deposit in lieu of the bond or sureties that the Court may make an order under Section 445. In the instant case, it is clear from the orders that the...
...not able to arrange the same as he is refugee. He is ready to deposit the amount in cash in view of Section 445 Cr.P.C which may also be reduced. He further undertakes that...relevant consideration for granting bail has been clearly analysed. The cash deposit is equally efficacious as other system in view of Section 445 Cr.P.C7...the State.3. This application under Section 482 Cr.P.C has been filed for quashing the impugned order dated 18.12.2014 passed by Incharge Chief Judicial...
...December, 1960; but the employees were discharged only more than one month thereafter at different dates. Under section 445(3) of the Companies Act a winding-up order shall be...liquidator and, therefore, the notice under section 445(3) did not come into play. An alternate contention is that if the business was not continued after the winding-up order, then the subsequent...contemplated by section 445(3) of the Companies Act. Therefore, this plea also fails.7. Lastly, it is contended that some of the workers were given notice on 10th...
...deposit instead of recognizance in accordance with Section 445 of the Code.
2. I have heard learned counsel for the parties, perused the order impugned...of Rs.50,000/- each, they be released on bail. Thereafter, the petitioners have applied for deposit instead of recognizance in terms of Section 445 of the Code, same has...below have held that in accordance with Section 445 of the Code only deposit is permitted instead of personal bond and not of surety bond.
4. Learned...
.... Reference is made to Section 445 Cr.P.C and reliance is placed on the decisions of the Honoourable Supreme Court in Motiram v. State of Madhya...the petitioner during the course of investigation.
6. I find merit in the submissions made by the learned counsel for the petitioner. The very purpose of Section 445 Cr.P.C is to ensure...that a person is not denied the opportunity to be enlarged on bail merely for reason of his inability to execute the bond, with or without sureties. Section 445 Cr.P.C provides for deposit of a sum...
...of the Act. It is the duty of the petitioner in the winding up proceedings and also of the company to file under Section 445 a certified copy of the order of winding up with the Registrar who has to...company is continued: Vide Section 445(3). Then comes Section 446, which has already been set out. The present sub-section (2) of this section was substituted for the old one in 1960 by Act 65 of 1960..., 1966, the Income Tax Officer (Companies Circle) concerned issued six different notices under Section 148 of the Income Tax Act, 1961 proposing to reopen assessment of the Company and to re-assess it...
...Section 445 of the Companies Act, 1956, the petitioner was required to file a certified copy of the order with the Registrar of Companies...why prosecution should not be instituted against them under Section 445. In that Section, in default of the above compliance, the petitioner is liable to face prosecution and imposition of fine...
...was mercifully brief. After drawing my attention to the fact that the trial had not made any significant progress, he drew my attention to Section 445 of the Code of Criminal...decried as antiquated. Section 445 of the Code of Criminal Procedure is socially motivated to help those who find the bail procedure beyond their meagre means and thus fail...secure that the accused person will return for trial if he is released after arrest, this consideration is not lost sight of in the provisions of section 445 of the Code. It...
...light of section 445 of Cr.P.C since there may be practical difficulty for the accused as pointed out earlier....
...subsequent thereto in
2006, prayer 'a' cannot possibly be considered. This since in
light of the provisions made in Section 445 of the Companies
Act, 1956, the order of winding up...
...company, would have come about only on 6.6.2004, i.e after the date of winding up order.4. Section 445 of the Companies Act, 1956 deals with procedural requirement regarding the filing of a...scope of the expression ‘employees’ mentioned in Section 445(3) of the Companies Act extracted above. The expression ‘employee’ has not been defined under the Companies Act..., and, therefore, there is nothing to presume that the expression “employees” used in Section 445(3) does not include workmen. Not only that, the expression “employees”, as normally understood in the...