Back
RAVI NATH TILHARI
East India Enterprises – Appellant
Versus
General Manager, Union Bank of India – Respondent
JUDGMENT
RAVI NATH TILHARI, J. - Heard Sri K. A. Narasimham, learned counsel for the petitioner, and Sri A. V. S. Ramakrishna, learned counsel for all the respondents i.e., the Union Bank of India and its authorities, and perused the material available on record.
2. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-
"..... to issue Writ of Mandamus or any other appropriate writ, by declaring the action of the respondents authorities in freezing my account bearing No.106611100000089 without any authority and illegal, arbitrary and unconstitutional and consequentially direct the respondent authority to release my account bearing No.106611100000089 from the category of frozen account otherwise required to do so under statutory Law and to pass such other order or orders as this Hon'ble Court may deemed fit and proper in the circumstances of the case."
3. Learned counsel for the petitioner submits that the petitioner/East India Enterprises, Sector - I, Aganampudi, Gajuwaka Mandal, Visakhapatnam, represented by its Proprietor - Sri I. Sridhar operates the business with the financial assistance of respondent bank along with the Hongkong
The court established that timely notification to the jurisdictional magistrate regarding account seizures is essential to uphold the rights of account holders under Section 102 of the Cr.P.C.
The central legal point established in the judgment is that the freezing of a bank account under Section 102 of Cr.P.C requires the fulfillment of pre-conditions, including a reasonable suspicion of ....
An investigating agency cannot debit freeze a bank account without a Magistrate's order, as per Section 106 of the Banking Regulation Act.
Un-freezing of account - Notice quashed - Unless and until there is a strong suspicion against the petitioners, police would not be justified in freezing account belonging to petitioners. For, such f....
The judgment emphasizes the importance of complying with the procedural requirements, specifically under Section 102(3) of the Cr.P.C., when freezing a bank account in connection with a criminal inve....
Compliance with legal provisions, such as Section 91 Cr.P.C., Section 102 Cr.P.C., and Section 14(1) of the Gangsters Act, is essential before freezing a bank account.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
