Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property of accused - Objections - If a third party raises an objection prior to attachment of property, Court has to decide the same and if Court comes to conclusion that property does not belong to accused, Court can pass an order, either declining to attach property or withdraw attachment order...........
Agreement to sell -- Refund of advance amount - Previous agreement executed between parties was cancelled and a fresh agreement was executed - Condition was clearly mentioned in the fresh agreement that defendant No.3 had filed several revenue suits, and duty was cast on defendant Nos.1 and 2 to get the dispute resolved by adjudication of these suits and if these suits..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Attachment of property of JD - Objection by JD - Property of JDs attached for satisfaction of decree - Contention of JDs that executing Court could satisfy the decree from the security furnished to trial Court during trial is not tenable because said security is not sufficient for satisfaction of decree -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Petitioner No.1/JD died after decree was passed jointly against her and petitioner No.2 - LRs of petitioner No.1 were not added to execution petition - LRs of petitioner No.1 are proper and necessary parties - Executing Court erred in passing impugned order of..........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Prevention of Money Laundering Act, 2002, Section 8(3)(a) -- Attachment of property - It is not necessary for applicability of S.8(3)(a) of the Act that person affected by order u/s 8(3) of the Act must be shown as an accused in the complaint...........
Prevention of Money Laundering Act, 2002, Section 8(3)(a) -- Attachment of property - Order of attachment passed u/s 8(3) of the Act, will continue till disposal of complaint...........
Indian Penal Code, 1860, Section 409, 420, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d), 18A, Criminal Procedure Code, 1973, Section 102 -- Offence u/ss. 409, 420, 477A, 109, 120B IPC and 13(2), 13(1)(c), 13(1)(d) PC Act - Freezing of bank account - Petitioner alleged that bank account cannot be frozen u/s 102 Cr.P.C after..........
Transfer of Property Act, 1882, Section 54 -- Sale - Attachment of property - Sale of subject property pending order of attachment is void only as against the claims enforceable under the order of said attachment and not in respect of other claims - Sale of property attached cannot be construed as illegal sale...........
