contended that the surrender of tenancy can
be effected by express surrender in writing or implied surrender
by operation of law as per provision ... Property Act. In the instant case, if it is
considered as express surrender, then according to the provisions
of Section 111 of the Transfer
order of the Lower Court treating the date of attempt to surrender as the date of appearance, as the I.O. could not complete investigation ... word "surrender". Had it been so then the expression "surrender" would have been used by the lagislature. I have earlier shown
Court of Sessions. As
rightly pointed out by Mr. Ghanekar, the expression
"surrender" includes presence of the accused in the
Court. The accused ... taken in
physical custody when they appear in the Court. The
expression "surrender" does imply control of the Court
over the person
directions." It is not mere presence, but an expression
of surrender and seeking directions. This is what is
reiterated ... respondent appeared before the court on
24.11.2021, but did he express intention to surrender to
the directions of the court? There is no such record
choke or smother the prosecution that is
legitimate. The surprise that was expressed almost four decades ago in
Kurukshetra University’s case compels ... conditions for grant
of bail on such surrender. When the High Court in categorical terms has
expressed the view that it is not inclined
HELD : (1) The Courts of the country which make a
requisition for surrender proceed upon prima facie proof of
the offence and leave ... view expressed by him
according to the municipal law of Hong Kong, and by acceding
to the requisition for extradition and surrender made upon
that
Investigation v. V. Vijay Sai
Reddy [4] wherein the learned Judges have expressed thus: -
“28. While granting bail, the court has to keep in mind ... conditions for grant of bail
on such surrender. When the High Court in categorical terms has
expressed the view that it is not inclined
case under investigation, surrenders before a Magistrate on his own, the Magistrate has no discretion to refuse to accept the surrender of the accused before ... Magistrate having such jurisdiction. Here, the expression "unnecessary" needs to be emphasised. This expression employed in sub-section (2) of Section 167 would
offence. Then P.W. 30 took the accused, who expressed his readiness to surrender before the police, to the office of the Commissioner of Police
they are not convinced, are they to surrender their own individual judgment and liberty of thought and expression of judicial views which are qualified only
