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RAVINDRA MAITHANI
Resizone Buildwell Pvt. Ltd. – Appellant
Versus
State Bank of India – Respondent
JUDGMENT :
The challenge in this petition is made to the communication dated 24.08.2023, made by the respondent-State Bank of India (“SBI”), by which a representation given by the petitioner for defreezing his bank account, has been rejected.
2. Heard learned counsel for the parties and perused the record.
3. It is the case of the petitioner that the respondent-Bank had once freezed the account of the petitioner. That order was challenged in WPMS No.2356 of 2023, Resizone Buildwell Pvt. Ltd. Vs. State Bank of India (“the first petition”). The first petition was decided on 21.08.2023, with the following directions:-
But, however, for a period of three days only, the petitioner would not operate the Account No. 32948210005 standing in the branch of the State Bank of
The main legal point established in the judgment is that the freezing of a bank account under Section 102 of the Criminal Procedure Code may be lawful if it is in compliance with the directions of th....
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.
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.
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....
An investigating agency cannot debit freeze a bank account without a Magistrate's order, as per Section 106 of the Banking Regulation Act.
Noncompliance with Section 102 of Cr.P.C. renders the freezing of a bank account illegal.
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....
The Investigating Officer lacks authority under Section 91 of Cr.P.C. to freeze a bank account absent compliance with Section 102, violating procedural requirements and the petitioner's rights.
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 ....
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