Search Results for "Attachment order"

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Search Results for "Attachment order"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging PMLA Provisional Attachment Order — Petitioner Failed to Establish Prima Facie Case for Interim Relief. Court Held That Attachment of Proceeds of Crime Under Section 5 of PMLA Does Not Require Prior Adjudication and Petitioner's Claim of Innocent Ownership Requires Evidence at Adjudication Stage.

2 Jun 2026

The petitioner, Smt. Jayamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the provisional attachment ord...

High Court

Bombay High Court Quashes GST Provisional Attachment Order for Violation of Natural Justice. Attachment of Bank Accounts and Property Without Prior Hearing Held Invalid Under Section 79(1)(c) of CGST Act, 2017.

26 Mar 2026

The petitioner, Navin Vishwanathan, proprietor of M/s. Oriental Facility, filed a writ petition under Articles 226 and 300A of the Constitution of Ind...

High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Held That the Prohibitory Order Under Order 21 Rule 54 CPC Was Not Served on the Judgment Debtor and the Communication Order Was Not a Mandatory Direction, Thus No Willful Disobedience Established.

11 Feb 2026

The petitioner, A. Dakshnamoorthy, as power agent of his son D. Chandrasekaran, filed two contempt petitions. The first (Cont.P.No.1723/2025) was agai...

High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Holds That Prohibitory Order Under Order 21 Rule 54 CPC Does Not Create a Charge on Property and That Sub Registrars Are Not Bound by Such Orders Unless Property Is Attached.

11 Feb 2026

The petitioner, D. Chandrasekaran, represented by his power agent A. Dakshnamoorthy, filed two contempt petitions. The first, Cont.P.No.1723 of 2025, ...

High Court

Bombay High Court Dismisses Petition Challenging Provisional Attachment Order Under PMLA — Upholds Validity of Section 5(1) Attachment Without Prior Show Cause Notice. Court holds that provisional attachment under Section 5(1) of PMLA is an interim measure and does not require prior hearing, as the Act provides for post-decisional hearing under Section 8.

24 Nov 2025

The petitioners, Mr. Naresh T. Jain and two companies, challenged a provisional attachment order dated 30th September 2021 passed by the Director of E...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Order XXI Rule 58 CPC Claim Dismissed as Not Maintainable Due to Prior Attachment and Lack of Possession. The court held that a claim petition under Order XXI Rule 58 CPC is not maintainable when the property was attached before judgment and the claimant was not in possession at the time of attachment.

23 May 2018

The appellant, Swamy H.L., filed a Regular Second Appeal under Section 100 CPC against the judgment and decree dated 19.09.2008 passed by the First Ap...

High Court

Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.

9 Sep 2014

The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...

High Court

Bombay High Court Dismisses Appeals Against Attachment of Properties Under PMLA, 2002 — Confirms Provisional Attachment Orders for Alleged Money Laundering in Hawala Transactions. The court held that the properties attached were proceeds of crime derived from scheduled offences under the Prevention of Money Laundering Act, 2002, Section 5(1).

5 Aug 2010

The judgment pertains to three appeals filed by Radha Mohan Lakhotia, Radha Mohan Lakhotia (HUF), and Mrs. Asha Lakhotia against the order of the Appe...

High Court

Bombay High Court Dismisses Cooperative Bank's Writ Petitions Challenging Recovery Certificate and Auction Sale — Upholds Validity of Sale Certificate Issued Under Maharashtra Cooperative Societies Act, 1960. The court held that the sale certificate under Section 99 is conclusive evidence of title and the recovery certificate under Section 101 is final and binding, barring writ jurisdiction.

30 Nov -0001

The petitioner, Sangli Sahakari Bank Ltd., a cooperative bank registered under the Maharashtra Cooperative Societies Act, 1960, filed three writ petit...

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