Criminal Procedure Code, 1973, Section 102 -- Seizure/attachment of immovable property - Power of police u/s 102 Cr.P.C. - Where I.O. has reasonable material to belief that immoveable property is acquired from ill-gotten money and said property is required to be saved/protected from being alienated during pendency of case, he is at liberty to take appropriate steps in..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Attachment U.O.38.R.5 CPC is preventive and not punitive - Sole object behind order levying attachment before judgment is to give an assurance to plaintiff that decree, if passed, would be satisfied - It is a sort of guarantee against decree becoming infructuous for want of property...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Affidavit in support of contentions of applicant must not be vague - Vague and general allegation that defendant is about to dispose of property or remove it beyond jurisdiction of Court, unsupported by particulars, would not be sufficient compliance with rule...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has to consider cause shown by defendant and pass final orders - If decision is in favour of defendant, an order U.O.38.R.6(2) CPC has to be passed - If conclusion is against defendant, an order of nature U.O.38.R.6(1) CPC should follow - At any rate, there is no legal basis for order..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Affidavit of Managing partners of plaintiff firm revealed that suit property is only asset of defendant company and company is taking hasty steps to encumber said property - Affidavit does not disclose nature of enquiry made by him or source of his information - In absence of precise averments in..........
Prevention of Money Laundering Act, 2002, Section 2(1)(b) -- Expression `value of any such property' - Includes value equivalent to value of property derived or obtained directly or indirectly by any person as a result of criminal activity - Moreover, property itself may no longer be available but equivalent value of such property whether held in cash etc. will be..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Mere fact that earlier JD or somebody to the attachment of property raised objection and petition was dismissed for default, is not a bar to impugn the sale...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Hypothecated vehicles - Vehicles sought for attachment were purchased and registered outside local jurisdiction of Court - Defendant is only custodian of vehicles and yet to become owner of same, as vehicles hypothecated with financial institution being first charge to such properties - Material..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Attachment before judgment - Furnishing of security - Recovery suit - Defendant sold suit properties just after service of summons of suit - No prejudice would be caused to defendant in case, he submits appropriate security of..........
Criminal Law (Amendment) Ordinance, 1944, Section 12, 13 -- Attachment of property of accused - Appeal against order of conviction pending - In one criminal case trial is already pending - Plea that once a judgment is pronounced in a criminal case by Court and if no finding is recorded with regard to attached property, no order can be passed with regard to attached..........
