Search Results for Tag : Attachment
Judgments
SC: Cannot attach property of deceased person(04.07.2016)
The Criminal Law Amendment Ordinance, 1944 “excludes the possibility of proceedings against a dead person”, said the Supreme Court as it allowed an ap.....
Tags : misappropriation, attachment, property, deceased
Unless there is preference given to Crown debt by a statute, dues of a secured creditor have preference over Crown debts(06.03.2020)
In present case, the Appellant filed the Writ Petition in the High Court seeking a restraint order against the Tax Recovery Officer-Respondent No. 4 f.....
Tags : Attachment order, Enforcement, Legality
Top Story
Money Laundering Law Prevails Over Bankruptcy Act, Insolvency Code Rules Delhi High Court(02.04.2019)
Delhi High Court in a recent judgment observed that, Money Laundering law prevails over Bankruptcy Act and Insolvency Code, when it comes to attachmen.....
Tags : Property, Attachment, Third party rights
Notifications & Circulars
Income Tax Department steps-up actions under Prohibition of Benami Property Transactions Act : Benami properties of more than Rs. 3,500 crore in more than 900 cases attached(11.01.2018)
Due to intensive efforts undertaken by the Income Tax Department, provisional attachment has been made in more than 900 cases of properties under the .....
Tags : Actions, Benami Property, Attachment
Instructions regarding provisional attachment of property under Section 73C of the Finance Act, 1994(27.07.2016)
Recently, in a case of an assessee whose bank accounts were ordered to be attached without giving any opportunity to them, the Hon'ble Allahabad High .....
Tags : Attachment, Property, Instructions
News
Delhi HC Issues Notice on Plea by Decree Holder Seeking Attachment of Assets of Judgment Debtor(25.08.2021)
Delhi High Court has issued notice on a plea by a decree holder (KLA Const. Technologies) seeking attachment of moveable and immovable assets of the j.....
Tags : Delhi High Court, Attachment of Assets of Judgment Debtor
Delhi HC: GST Provisional Attachment Not Valid After Expiry of Time Period U/S 83 of CGST Act(10.08.2022)
Delhi High Court has held that provisional attachment is not valid after the period prescribed under section 83 of the Central Goods and Services Tax .....
Tags : Delhi High Court, CGST, Provisional Attachment
Gujarat HC Set Aside Provisional Attachment of Bank Accounts of Person Accused of Tax Evasion(03.11.2020)
Gujarat High Court has quashed the order for provisional attachment of the five bank accounts of a person accused of tax evasion under Section 74(1) o.....
Tags : Gujarat High Court, Provisional Attachment of Bank Accounts
Bombay HC: No Provisional Attachment Under CGST Act When No Pendency of Any Specific Proceedings(29.01.2020)
Bombay High Court has held that no provisional attachment under Section 83 of the Central Goods and Services Tax (CGST) Act, 2017 can be made in absen.....
Tags : Bombay High Court, Provisional Attachment under CGST Act
Gujarat HC: Passing Provisional Attachments Order Under CGST Can’t be Delegated to Asst. Commissioner(30.01.2020)
Gujarat High Court has held that the Commissioner cannot delegate his powers of the passing of provisional attachments under Section 83 of the Central.....
Tags : Gujarat High Court, Provisional Attachments, Delegation
Bombay HC Allows Adjudicating Authority to Pass Order Regarding Attachment of Assets(10.12.2021)
Bombay High Court has allowed the Adjudicating Authority under Prevention of Money Laundering Act, 2002 to pass an order regarding attachment of asset.....
Tags : Bombay High Court, Attachment of Assets
Rajasthan HC Stays Order Attaching Assets of Chittorgarh Tehsildar, Collector and SP(26.02.2021)
Rajasthan High Court has put a stay on the ACJM Court, Chittorgarh order for the attachment of chair, car and residences of the tehsildar, collector a.....
Tags : Rajasthan High Court, Attachment of Assets
Bombay HC: Provisional Attachment Under GST Act to Protect Revenue Not Omnibus Power(12.02.2020)
Bombay High Court has held that the Provisional Attachment Power under Section 83 of the Central Goods and Services Act, 2017 is to be used in only li.....
Tags : Bombay High Court, Provisional Attachment Power
Ker. HC to State: Life Erroneous Attachment of Properties of Those Not Linked to PFI(03.02.2023)
Kerala High Court has directed State that properties of those persons who have no connection with the Popular Front of India (PFI) and which were erro.....
Tags : Kerala High Court, Popular Front of India (PFI), Attachment, Properties
Del HC to Centre: Take Decision on Attaching DMRC’s Assets for Payment of Dues to Reliance Infra(28.02.2023)
Delhi High Court has directed Central government to take a decision whether it proposes to grant sanction for attachment of the movable and immovable .....
Tags : Delhi High Court, DMRC, Reliance Infrastructure, Attachment
Calcutta HC: Authorities Undertaking Provisional Attachment Without Informing Bank, Contrary to Law(27.03.2020)
Calcutta High Court has held that Principal Additional Director General, Directorate General of Goods and Services Tax Intelligence (DGGI) and Additio.....
Tags : Calcutta High Court, Authorities Undertaking Provisional Attachment
Kerala HC: Private Parties Can't Approach Courts Seeking Attachment of Properties in Foreign States(19.04.2022)
Kerala High Court has ruled that the Indian Courts can’t entertain any request for attachment of properties from any private parties or institutions t.....
Tags : Kerala High Court, attachment of properties, foreign states
Delhi HC: Can Pass Attachment Order Before Award by Arbitral Tribunal if Circumstances Warrant So(17.04.2023)
Delhi High Court while observing that attachment order can be passed before an award is rendered by Arbitral Tribunal if circumstances so warrant, has.....
Tags : Delhi High Court, Arbitral Tribunal, Attachment Order
Meghalaya HC: Cannot Pass Attachment Order if No Evidence of Likelihood of Breach of Peace(27.06.2024)
Meghalaya High Court has observed that if there is no direct evidence of any likelihood of breach of peace, the inability of the Magistrate concerned .....
Tags : Meghalaya High Court, Attachment Order, Breach of Peace
Chhattisgarh HC: Attachment Order u/s 146 CrPC Can't Be Passed on Apprehension of Breach of Peace(25.04.2022)
Chhattisgarh High Court has observed that on mere apprehension of breach of peace, without explaining the circumstances, an attachment order under Sec.....
Tags : Chhattisgarh High Court, Attachment Order u/s 146 CrPC
Ker. HC: Properties Subject to Attachment Must be Properties Acquired through Proceeds of Crime(02.07.2024)
Kerala High Court has observed that the properties that can be proceeded against, exercising the powers of attachment must be those that have been acq.....
Tags : Kerala High Court, Proceeds of Crime, Attachment
NCLT, Chennai: No Conflict Among Prohibition of Benami Property Transaction Act and IBC, 2016(06.05.2022)
National Company Law Tribunal, Chennai has ruled that there is no conflict between the Prohibition of Benami Property Transaction Act, 1988 and the In.....
Tags : National Company Law Tribunal, Prohibition of Benami Property Transaction Act, 1988, Insolvency and Bankruptcy Code, 2016, attachment of property
Kar. HC: Treating Wife Like Cash Cow Without Any Emotional Attachment is Cruelty(01.07.2022)
Karnataka High Court has held that a husband treating his wife as a cash cow and using her money without having any emotional attachment towards her w.....
Tags : Karnataka High Court, Mental Cruelty, Emotional Attachment
Bom HC: Provisional Attachment Under CGST Act not Valid After the Expiry of One Year(03.07.2023)
Bombay High Court has held that provisional attachment order passed under Section 83 of Central Goods and Services Tax (CGST), 2017 is not valid after.....
Tags : Bombay High Court, Provisional Attachment, CGST