Bare Act Search Results
Home Bare Acts Phrase: attachCode of Civil Procedure, 1908 Rule 41 to 57
Title: Attachment of Property
State: Central
Year: 1908
.....of execution, or to appear and show cause why he should not do so. (2) An application under sub-rule (1) shall be made on affidavit verifying the facts alleged and stating that in the belief of the deponent, the garnishee is indebted to the judgment-debtor. (3) Where the garnishee pays in the Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of the execution, the Court may direct that the amount may be paid to the decree-holder towards satisfaction of the decree and costs of the execution.] 3a[46B. Order against garnishee Where the garnishee does not forthwith pay into Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of execution, and does not appear and show cause in answer to the notice, the Court may order the garnishee to comply with the terms of such notice, and on such order, execution may issue as though such order were a decree against him.] 3a[46C. Trial of disputed questions Where the garnishee disputes liability, the Court may order that any issue or question necessary for the determination of liability.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 5 to 13
Title: Attachment Before Judgment
State: Central
Year: 1908
.....to an attachment made before judgment which continues after the judgment by virtue of the provisions of rule 11. (2) An attachment made before judgment in a suit which is dismissed for default shall not become revived merely by reason of the fact that the order for the dismissal of the suit for default has been set aside and the suit has been restored.] 12. Agricultural produce not attachable before judgment Nothing in this Order shall be deemed to authorize the plaintiff to apply for the attachment of any agricultural produce in the possession of an agriculturist, or to empower the Court to order the attachment or production of such produce. 3[13. Small Cause Court not to attach immovable property Nothing in this Order shall be deemed to empower any Court of Small Causes to make an order for the attachment of immovable property.] ___________________ 1. Inserted by Act 104 of 1976, section 85(i) (w.e.f. 1-2-1977). 2. Substituted by Act 104 of 1976, section 85(ii), for rule 8 (w.e.f. 1-2-1977). 3. Inserted by Act 1 of 1926, section 4.
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Chapter III
Title: Attachment, Adjudication and Confiscation
State: Central
Year: 2002
.....provisionally attaches any property under sub-section (1) shall, within a period of thirty days from such attachment, file a complaint stating the facts of such attachment before the Adjudicating Authority. ______________________ 1. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "ninety days" 2. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "Provided that no such order of attachment shall be made unless, in relation to an offence under-- (i) Paragraph 1 of Part A and Part B of the Schedule, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974); or (ii) Paragraph 2 of Part A of the Schedule, a police report or a complaint has been filed for taking cognizance of an offence by the Special Court constituted under sub-section (1) of section 36 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)" Section 6 - Adjudicating Authorities, composition, powers, etc (1) The Central Government shall, by notification, appoint 1[an Adjudicating Authority] to.....
View Complete Act List Judgments citing this sectionKarnataka Protection Oe Interest of Depositors in Financial Establishments Act, 2004 Section 12
Title: Powers of Special Court Regarding Attachment
State: Karnataka
Year: 2004
.....unless it is also satisfied that there will remain under attachment an amount or property of value not less than the value that is required for repayment to the depositors of such financial establishment. (7) Where the Special Court passes an order under sub-section (6), making the order of attachment absolute or varying the order of attachment by releasing a portion of the property from attachment it may, issue such direction as may be necessary for realisation of the assets attached and for the equitable distribution amongst the depositors of the money realised from and out of the assets so attached. (8) Where an application is made by any person duly authorised or constituted or specified by any other State Government under similar enactment empowering him to exercise control over any money or property or assets attached by that State Government, the Special Court shall exercise all its powers, as if, such an application were made under this Act and pass appropriate order or direction on such application so as to give effect to the provisions of such enactment.
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Section 5
Title: Attachment of Property Involved in Money-laundering
State: Central
Year: 2002
.....any interest in the property. (5) The Director or any other officer who provisionally attaches any property under sub-section (1) shall, within a period of thirty days from such attachment, file a complaint stating the facts of such attachment before the Adjudicating Authority. ______________________ 1. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "ninety days" 2. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "Provided that no such order of attachment shall be made unless, in relation to an offence under-- (i) Paragraph 1 of Part A and Part B of the Schedule, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974); or (ii) Paragraph 2 of Part A of the Schedule, a police report or a complaint has been filed for taking cognizance of an offence by the Special Court constituted under sub-section (1) of section 36 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)"
View Complete Act List Judgments citing this sectionCantonments Act, 1924 Section 94A
Title: Attachment and Sale of Immovable Property
State: Central
Year: 1924
.....unless the amount of tax due with all costs of recovery is paid in the office of the Board within fifteen days from the date of attachment. (2) An order under sub-section (1) shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode and a copy of the holder shall be fixed on a conspicuous part of the property and upon a conspicuous part of the office of the Board and also, when the property is land paying revenue to the Government, in the office of the Collector. (3) Any transfer of or charge on the property attached or any interest thereon made without the written permission of the Executive Officer shall be void as against all claims of the Board enforceable under the attachment. (4) Where the sum due to the Board together with the cost incurred by the Board in the sale of the property, and a sum equal to five per cent of the purchase money for payment to the purchaser is paid by the defaulter, before the confirmation of the sale under sub-section (5), the attachment, if any, of the immovable property shall be deemed to have been removed. (5) After the sale of the property by auction as aforesaid, it shall be confirmed in.....
View Complete Act List Judgments citing this sectionKarnataka Souharda Sahakari Act, 1997 Section 44
Title: Attachment of Property Before Award or Order
State: Karnataka
Year: 1997
.....same effect as if made by a competent civil court. (2) Where the Registrar directs attachment of the property under sub--section (1), he shall issue a notice calling upon the person whose property is so attached, to furnish security he thinks adequate within a specified period and if the person fails to provide the security so demanded, the Registrar may confirm the order and after the decision in the dispute or the completion of the proceedings referred to in the foregoing sub--section may direct the disposal of the property so attached towards the claim if awarded. (3) Attachment made under this section shall not affect the rights, subsisting prior to the attachment of the property, of persons, not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree against the person whose property is so attached from applying for the sale of the property under attachment in execution of such decree.
View Complete Act List Judgments citing this sectionKarnataka Co-operative Societies Act, 1959 Section 103
Title: Attachment of Property Before Award or Order
State: Karnataka
Year: 1959
.....of the proceedings referred to in the foregoing sub-section may direct the disposal of the property so attached towards the claim if awarded. (3) Attachment made under this section shall not affect the rights,subsisting prior to the attachment of the property, of persons not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree against the person whose property is so attached from applying for the sale of the property under attachment in execution of such decree.] ______________________________________ 1. Re-numbered by Act 40 of 1964 w.e.f. 26.6.1965. 2. Sub-sections (2) and (3) inserted by Act 40 of 1964 w.e.f. 26.6.1965.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 83
Title: Attachment of Property of Person Absconding
State: Central
Year: 1973
.....prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or (d) by all or any two of such methods, as the Court thinks fit. (4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases (a) by taking possession; or (b) by the appointment of a receiver; or (c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or (d) by all or any two of such methods, as the Court thinks fit. (5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court. (6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).
View Complete Act List Judgments citing this sectionChit Funds Act, 1982 Section 68
Title: Attachment Before Judgment and Other Interlocutory Orders
State: Central
Year: 1982
.....the nominee may confirm the order, and may, after the decision in the dispute, direct the disposal of the property so attached towards the claim, if awarded. (3) Any attachment made under this section shall not affect the rights, subsisting prior to the attachment of the property, of persons who are not parties to the dispute, or bar any person holding a decree against the person whose property is so attached from applying for the sale of the property under the attachment of such decree. (4) The Registrar or the nominee may, in order to prevent the ends of justice being defeated, make such interlocutory order pending the award in a dispute referred to in sub-section (1) as may appear to be just and convenient.
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