640+ Lawyers are online 
REFUND OF SURETY AMOUNT (FIXED DEPOSIT)
28-Aug-2023 (In Civil Law)
Sir, Even though the high court quashed the criminal case filed against me and orders passed and submitted to the trial court, my advocate is saying that i have to wait for 30 days / appeal period to get refund of the surety amount (Fixed Deposit) from the trial court. My high court advocate said that there is no such time limit to get refund of the surety amount after the criminal case quashed by the high court / supreme court, as the case may be. Which one of the above 2 statements is correct?
The trial court is the main court where your case was filed and dismissed, so you read the judgement of the lower court, they will mention in the copy the period you have to wait to withdraw your fd and other documents
if they
if they
Helpful?
Adv. Zakia Rahman
Hyderabad | 25+ Answers
CONTACT NOW
Which section is for cancellation of bail bond?
The Court found that the High Court and the Court of Session have solely been granted the power to cancel bail under Section 436 of CrPC. The Court granted the application, and held that the order in question was against the law and could not stand. 27-Jul-2023
Can surety bond be Cancelled?
Not all sureties have this option. Some sureties can only get rid of their bonds after receiving the original document from the parties to the agreement or the renewal certificate.
What is the CrPC for discharge of sureties?
The section 444 is as follows: Release of sureties. (1) All or any of the sureties who have been bonded for the appearance and attendance of the person released on bail can apply at any time to a magistrate to discharge the bond. This may be done in its entirety or only as far as it relates to them.
What is the discharge of surety provision?
In the absence of any contract, a suretys liability is discharged on: Death of the surety in relation to future transactions if the guarantee continues. Notification of cancellation in relation to future transactions if there is a continuing warranty.
If case is compromised Quash by High court then there is no need to wait for 30 days , the FDR application can be filed immediately, but you have to file quash copy before lower court and get case closed by lower court ( even after case quash by High court) , and in case of Quash other than compromised quash , u have to wait because opposite party can file appeal before supreme court.
Helpful?
Adv. Pathan Aslam Mohd Khan
Hyderabad | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
