Search Results for "Provisional Attachment"

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Search Results for "Provisional Attachment"

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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 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 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...

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

Bombay High Court Quashes Provisional Attachment Order and Show Cause Notice Under PMLA for Lack of Reasons. Show Cause Notice Under Section 8(1) of Prevention of Money Laundering Act, 2002 Must Contain Reasons for Belief of Offence Under Section 3 or Possession of Proceeds of Crime.

20 Jun 2014

The petitioner, Brizo Reality Company Pvt. Ltd., filed a writ petition before the Bombay High Court seeking to quash a provisional attachment order da...

Supreme Court

Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

24 Feb 2026

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in HPCL LPG Cylinder Supply Disputes — No Patent Illegality Found in Arbitrator's Interpretation of Contractual Terms. The court upheld the Single Judge's dismissal of objections under Section 34 of the Arbitration and Conciliation Act, 1996, as the arbitrator's view was plausible and not patently illegal.

16 Mar 2019

The judgment involves a batch of appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996, challenging orders passed by a Single J...

High Court

Bombay High Court Restricts Provisional Attachment to Disputed Amount in MVAT Act Case — Section 48(5) Constitutional Challenge Rejected. Court holds that attachment under Section 35 must be proportionate, and directs respondents to limit attachment to Rs.1.81 crores.

30 Apr 2012

The petitioner, M/s. Premium Paper and Board Industries Ltd., a registered dealer under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and the C...

High Court

Bombay High Court Allows Petitions Challenging Attachment Orders Under PMLA — Enforcement Directorate's Provisional Attachment Orders Set Aside for Lack of Proper Service and Non-Compliance with Section 5(1) of PMLA

6 Nov 2017

The judgment concerns six criminal writ petitions filed by various individuals and companies challenging provisional attachment orders passed by the D...

High Court

Bombay High Court Dismisses Petition Challenging Attachment Order Under Maharashtra Cooperative Societies Act — Creditor Can Execute Recovery Certificate Against Any Available Property Despite Prior SARFAESI Proceedings. The court held that there is no legal bar to a creditor simultaneously proceeding under the SARFAESI Act and executing a recovery certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960 against other properties of the debtor.

25 Mar 2019

The petitioners, M/s Anjali Tours & Travels and Others, filed a writ petition before the Bombay High Court challenging an attachment order issued by t...

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