Banks as Debtors in Garnishee Proceedings: Key Rules

Magistrate Court Selama

Garnishee proceedings 1. ... the garnishee to pay the judgment creditor the amount of any debt due or accruing due to the judgment debtor from the garnishee, or so much thereof as is sufficient to satisfy that judgment or order and the costs of the garnishee proceedings. ... Having considered the judgment, I find that the Plaintiff's reliance is mispla....

High Court Sabah & Sarawak Sandakan

creditor the amount of any debt due or accruing due to the judgment debtor from the garnishee, or so much thereof as is sufficient to satisfy that judgment or order and the costs of the garnishee proceedings." ... proceedings. ... This failure to apply for a stay of proceedings, which would have been considered by the Court and would be allowed if there were special c....

High Court Malaya Shah Alam

To enforce the said judgment, the judgment creditor initiated garnishee proceedings against the judgment debtor's accounts in 18 banks, pursuant to O 49 of the Rules of 2012. ... Garnishee proceedings under O 49 of the Rules of 2012 are inherently tripartite, involving the judgment creditor, the judgment debtor, and the intended garnishee(s). In some instances, a "fou....

Court of Appeal Putrajaya

Garnishee proceedings 1. Attachment of debt due to judgment debtor (a href="../legislationSectionDisplayed.aspx? ... debtor to the extent of the amount paid or levied notwithstanding that the garnishee proceedings are subsequently set aside or the judgment or order from which they arose reversed. ... Order and of any written law, order the garnishee to pay the judgment ....

2022 0 Supreme(Mad) 3528

As regards knowledge of the proceedings by the banks, he stated that the banks were aware of the suits and the garnishee orders passed therein. However, the banks were not aware of the proceedings under which the deposited amounts were directed to be rateably distributed to the decree holders. ... Applying the said principle to these applications, it should be noted that these applicatio....

High Court Malaya Pulau Pinang

Garnishee proceedings 1. ... and of any written law, order the garnishee to pay the judgment creditor the amount of any debt due or accruing due to the judgment debtor from the garnishee, or so much thereof as is sufficient to satisfy that judgment or order and the costs of the garnishee proceedings. ... proceedings. ... The JC wants to enforce the jud....

Madras

As regards knowledge of the proceedings by the banks, he stated that the banks were aware of the suits and the garnishee orders passed therein. However, the banks were not aware of the proceedings under which the deposited amounts were directed to be rateably distributed to the decree holders. ... Applying the said principle to these applications, it should be noted that these applicatio....

2022 Supreme(Online)(MAD) 25630

As regards knowledge of the proceedings by the banks, he stated that the banks were aware of the suits and the garnishee orders passed therein. However, the banks were not aware of the proceedings under which the deposited amounts were directed to be rateably distributed to the decree holders. ... Applying the said principle to these applications, it should be noted that these applicatio....

High Court Malaya Kuala Lumpur

If the judgment debtor is contractually unable to access the funds, the judgment creditor cannot access those funds through garnishee proceedings. ... relation to garnishee proceedings. ... [267] I have also considered comparable cases involving banks where costs were awarded on the standard basis: a) In Astana International Sdn Bhd & Ors v. ... Consolidated Bank (1888....

That is not a purpose for which garnishee proceedings are provided, and the action of the plaintiff and of the Deputy Fiscal seems to have been quite irregular. ... In addition to the affidavits from the garnishees to which I have referred, the proceedings show that the remaining garnishees took up the position that no money was due by them to the judgment-debtor. ... Hutchinson C.J. also considered#HL_END....

2022 0 Supreme(Del) 1686

The debt must be owed by the garnishee to the judgement debtor.

2013 0 Supreme(Del) 891

The power conferred under Section 226(3) of the Act is a special power that enables the Assessing Officer to reach beyond the assessee in order to appropriate amounts due to or held by third parties on account of the assessee. The proceedings under Section 226(3) of the Act are in the nature of garnishee proceedings whereby a garnishee is called upon to directly pay a debt to the creditor of a person to whom the garnishee is indebted. The Assessing Officer is similarly situat....

2008 0 Supreme(Kar) 957

This part of the decision has not been assailed in the appeal by the appellant SWCL. It Vol. 267 page 249 has held as under: Whether Section 226(6) applies to a debtor of garnishee: So far as the question as to whether the provisions of Section 226(3) could be applied against the debtor of a gamisher or in other words upon a gamishee of a gamishee, is consumed the learned (sic) of a gamishee, is consumed, the learned single judge had decided that it does not. 10. Following th....

Andhra Pradesh

3. Learned counsel for the respondents contended that neither in the unamended (original) Section 22 of SICA nor the amended Section does permit taking out any winding up, execution and other proceedings against a sick industry where the proceedings under Section 16 of SICA have been invoked and if the case is pending before BIFR, the present application under Order XXI Rule 38 of the Civil Procedure Code taking execution proceedings, though directed against a garnishee, is not maintainable. #....

2004 0 Supreme(All) 2147

A garnishee has to be a debtor first to the judgment-debtor. If he is not a debtor to the judgment-debtor, he will not be the garnishee within the meaning of Rules 46A to 46G of Order XXI of the Code. If the Treasury Officer did not owe any debt to them or if the amount in question so attached vide order dated 14.5.2001 was not in the hands of the revisionist or if the revisionist had no authority to withdraw the same without there being presentation of a proper bill from the....