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Search Results for "bank account freezing"

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High Court

Bombay High Court Upholds De-freezing of Bank Accounts with Bank Guarantee Condition in Cheating Case. Court holds that Section 102 CrPC freezing cannot be indefinite and must be balanced against right to carry on business, directing furnishing of bank guarantee for de-freezing.

7 May 2026

The case involves two applications under Section 482 of the Code of Criminal Procedure, 1973. The first application (APL No.191 of 2024) is filed by t...

High Court

Bombay High Court Quashes Freezing of Demat Accounts of Promoter for Non-Compliant Company Under SEBI Circulars — Violation of Natural Justice and Proportionality. Freezing of all securities held by a promoter in a non-compliant company, including unrelated investments, without notice or hearing is arbitrary and illegal under Article 14, 21, and 300A of the Constitution.

26 Aug 2024

The Bombay High Court allowed two writ petitions filed by Dr. Pradeep Mehta and his son Neil Pradeep Mehta challenging the freezing of their demat acc...

High Court

Bombay High Court Allows Petitions Challenging Provisional Attachment Orders Under Section 110 of Customs Act, 1962 — Lack of Reasonable Belief and Non-Compliance with Procedural Safeguards. Attachment orders set aside as customs authorities failed to demonstrate reasonable belief that goods were liable to confiscation and did not follow mandatory procedure under Section 110(3) requiring notice within six months.

13 Mar 2024

The judgment pertains to three writ petitions filed by Chokshi Arvind Jewellers and Pallav Gold, challenging provisional attachment orders passed by t...

High Court

Bombay High Court Allows Defreezing of Bank Account in NDPS Case Due to Non-Confirmation of Freezing Order Within 30 Days Under Section 68-F(2) of NDPS Act, 1985. Petitioner's claim as proprietor not barred by earlier statement under Section 67.

27 Feb 2024

The petitioner, Jatinder Kaur Chilotra, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 3 December 202...

High Court

Bombay High Court Allows Defreezing of Bank Account in NDPS Case Due to Non-Compliance with Section 68-F(2) of NDPS Act, 1985. Petitioner's proprietary firm's bank account frozen by DRI in connection with husband's drug trafficking case; court holds that freezing order ceases to operate if not confirmed within 30 days.

27 Feb 2024

The petitioner, Jatinder Kaur Chilotra, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 3 December 202...

High Court

High Court of Karnataka Allows Writ Petition to Defreeze Bank Accounts in NDPS Act Case — Petitioner Company Not an Accused Under Section 68F. Freezing order under Section 68F of NDPS Act, 1985 cannot be sustained against a company that is not an accused in the predicate offence.

5 Jan 2024

The petitioner, M/s. Ownpath Learning Private Limited, a registered startup under DPIIT, filed a writ petition under Articles 226 and 227 of the Const...

High Court

High Court of Karnataka Quashes Police Notice Freezing Bank Account in Absence of Statutory Power. Police Inspector's request to freeze account under Section 102 CrPC held invalid as no power to issue such notice to bank without court order.

30 Aug 2021

The petitioner, Sri Narayan Yadav, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of ...

High Court

Bombay High Court Allows Defreezing of Bank Accounts in Cheque-Bouncing Case — No Prima Facie Case for Freezing Under Section 102 CrPC. Court held that freezing of accounts under Section 102 CrPC is not permissible for investigation of cheque-bouncing offences under Section 138 of the Negotiable Instruments Act, 1881, as the offence is non-cognizable and the bank is not a third party.

30 Jul 2019

The petitioners, Manish Khandelwal, Sunil Khandelwal, and B.M. Financial Services (I) Pvt. Ltd., filed a Criminal Writ Petition before the Bombay High...

High Court

Bombay High Court Allows Applications Challenging Freezing of Bank Accounts Under Section 102 Cr.P.C. — Police Cannot Freeze Entire Bank Account Without Specific Link to Suspected Offence. The court held that Section 102 Cr.P.C. requires a nexus between the property seized and the alleged crime, and freezing without such nexus is illegal.

18 Mar 2011

The case involved a reference to a larger bench on the interpretation of Section 102 of the Criminal Procedure Code, 1973 (Cr.P.C.) concerning the pow...

High Court

Bombay High Court Dismisses Appeals of Retired Employees Against Cooperative Bank's SARFAESI Recovery Proceedings. Employees Held Not to Be 'Borrowers' and Lack Locus Standi to Challenge Auction Sale Without Payment of Dues.

30 Nov -0001

The judgment pertains to a batch of Letters Patent Appeals filed by retired employees of Shamrao Vithal Cooperative Bank Ltd. against the dismissal of...

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