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...........
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..........
Criminal Law (Amendment) Ordinance, 1944, Section 4 -- Attachment of property of accused - Power to attach property of accused is not confined to any particular property and power can be exercised for attaching several properties to take care of amount which is alleged to be defaulted...........
Criminal Law (Amendment) Ordinance, 1944, Section 12 -- Attachment of property - Death of accused - No proceedings under Ordinance 1944, can be undertaken against accused after his death and prosecution cannot continue after death of an accused - However, properties which were already under attachment, having come in the hands of accused no.2 as one of LRs, who was..........
Prevention of Money Laundering Act, 2003, Section 2(u), Constitution of India, 1950, Article 14, 20, 21, 300A -- Definition of proceeds of crime - Constitutional validity - S.2(u) of the Act implicitly rules out mens rea or knowledge that property is result of criminal activity for achieving object of the Act - However, properties apart from proceeds of crime are not..........
Prevention of Money Laundering Act, 2003, Section 5, Constitution of India, 1950, Article 14, 19, 300A -- Attachment of property - Offence under PML Act - Constitutional validity of S.5 of PML Act - Power of Authority - Provisional attachment u/s 5 of PML Act can be made by concerned officer only on reason to believe that property in possession of person is proceeds of..........
Prevention of Money Laundering Act, 2003, Section 3, 5, 8, Constitution of India, 1950, Article 14, 19, 300A -- Rights of offender - Offence u/s 8 PML Act - Provisional attachment u/s 5 of the Act can be confirmed only after Adjudicating Authority affords opportunity to offender to establish his sources of income - However, question of confirmation of order of provisional..........
Criminal Procedure Code, 1973, Section 146(1) -- Attachment of property - If possession is not disputed, an order of attachment u/s 146(1) Cr.P.C. cannot be passed...........
Civil Procedure Code, 1908, Order 38, Rule 5, Transfer of Property Act, 1882, Section 52 -- Attachment before judgment - Transferee pendente lite - S.52 of T.P.Act would apply only in a suit wherein any right to immovable property is directly and specifically in question - If there is no application of S.52 of T.P. Act, in a suit, there cannot be any scope for impleadment..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - There is no provision anywhere in CPC for impleading the owner of property under attachment before judgment as a party to suit - Making the strangers/owners of property under attachment before judgment as additional defendants on application of plaintiffs would really amount to denying them..........
