AI Overview...
- Order 38 Rule 5 - Attachment Before Judgment
- This rule permits courts to order the attachment of a defendant’s property before judgment in cases where a plaintiff seeks to secure a claim or prevent disposal of assets, particularly in disputes involving bank deposits or assets Janta Associates VS Indian Oil Foundation - Delhi, Deepali Designs & Exhibits Private Limited VS PICO Deepali Overlays Consortium - Delhi, Onkar Mal Mittal VS State Bank Of Patiala - Punjab and Haryana, UPPALAPATI VENKATA RATNAM VS MEKA VENKATA SRAVANTHI DEVIS - Andhra Pradesh.
-
The attachment can be made on grounds of preventing the defendant from alienating assets or satisfying a potential judgment, but such orders must adhere to principles of fairness and legality; invalid or improperly granted attachments are subject to being declared void Onkar Mal Mittal VS State Bank Of Patiala - Punjab and Haryana, Sebastian Jose VS Indian Overseas Bank Ltd. - Karnataka.
-
Legal Principles and Judicial Views
- Courts recognize that attachment before judgment under Order 38 Rule 5 is a drastic measure and must be granted with caution, ensuring compliance with procedural requirements and substantive fairness Janta Associates VS Indian Oil Foundation - Delhi, Charanjeet Singh Grewal VS Assessing Officer-cum-Assistant Commissioner of Income Tax, Central Circle - Orissa.
-
Some courts have held that such attachments, especially of bank deposits or fixed deposits, require a clear demonstration of prima facie case and satisfaction of the court regarding the necessity of attachment Deepali Designs & Exhibits Private Limited VS PICO Deepali Overlays Consortium - Delhi, Charanjeet Singh Grewal VS Assessing Officer-cum-Assistant Commissioner of Income Tax, Central Circle - Orissa.
-
Attachment of Bank Deposits and Fixed Deposits
- Banks can be directed to attach or freeze bank accounts or fixed deposits under Order 38 Rule 5, especially in cases involving recovery of dues or enforcement of claims, provided procedural safeguards are followed Deepali Designs & Exhibits Private Limited VS PICO Deepali Overlays Consortium - Delhi, Charanjeet Singh Grewal VS Assessing Officer-cum-Assistant Commissioner of Income Tax, Central Circle - Orissa, Shakti Traders VS State Bank Of India, Local Head Office, Patna - Patna.
-
The attachment must be based on proper application and justified grounds; improper attachment can be challenged and declared void Onkar Mal Mittal VS State Bank Of Patiala - Punjab and Haryana.
-
Revisability and Validity of Orders
- Orders passed under Order 38 Rule 5 are revisable and subject to judicial review if found to be improperly granted or lacking legal basis Sebastian Jose VS Indian Overseas Bank Ltd. - Karnataka, UPPALAPATI VENKATA RATNAM VS MEKA VENKATA SRAVANTHI DEVIS - Andhra Pradesh.
-
Proper compliance with procedural rules, including notice and opportunity to be heard, is essential for the validity of attachment orders Imperial Bank Of India VS Mt. Bibi Sayeedan - Patna.
-
Special Laws and Attachments
- While attachment before judgment is primarily governed by CPC, special statutes like the Income Tax Act or Prevention of Corruption Act also provide for attachment of bank accounts, which may operate alongside or independently of CPC provisions Charanjeet Singh Grewal VS Assessing Officer-cum-Assistant Commissioner of Income Tax, Central Circle - Orissa, Shakti Traders VS State Bank Of India, Local Head Office, Patna - Patna.
Analysis and Conclusion
Order 38 Rule 5 of the Civil Procedure Code empowers courts to attach property, including bank deposits, before judgment to secure claims or prevent asset disposal. Such orders are extraordinary and must be issued with strict adherence to procedural fairness and legal principles. Improper or unsupported attachments can be declared void or revisable. In cases involving bank deposits, courts require clear justification, and attachments must comply with statutory requirements, including those under special laws. Proper application of Order 38 Rule 5 ensures effective enforcement while safeguarding parties' rights Janta Associates VS Indian Oil Foundation - Delhi, Onkar Mal Mittal VS State Bank Of Patiala - Punjab and Haryana, Sebastian Jose VS Indian Overseas Bank Ltd. - Karnataka.
References:
- Janta Associates VS Indian Oil Foundation - Delhi
- Deepali Designs & Exhibits Private Limited VS PICO Deepali Overlays Consortium - Delhi
- Onkar Mal Mittal VS State Bank Of Patiala - Punjab and Haryana
- BANK OF INDIA VS SADHU RAM GUPTA - Consumer
- Shakti Traders VS State Bank Of India, Local Head Office, Patna - Patna
- Charanjeet Singh Grewal VS Assessing Officer-cum-Assistant Commissioner of Income Tax, Central Circle - Orissa
- Imperial Bank Of India VS Mt. Bibi Sayeedan - Patna
- Ashok Kumar Goel VS Ebix Cash Limited - Bombay
- UPPALAPATI VENKATA RATNAM VS MEKA VENKATA SRAVANTHI DEVIS - Andhra Pradesh
- Sebastian Jose VS Indian Overseas Bank Ltd. - Karnataka
Search Results for "Order 38 Rule 5 Bank Deposit Attachment"
2021 0 Supreme(Del) 189 • India - Delhi
VIBHU BAKHRU
relief under Section 9(ii)(b) of A&C Act, in nature of attachment before award except on principles as contained under Order 38 ... Arbitration and Conciliation Act, 1996 - Section 9 - Civil Procedure Code, 1908 - Order 38 Rule 5 - Arbitration ... guarantee or by deposit with Court during the pendency of present petition and arbitration proceedings - Whether court can grant ... There appears to be some diversion views amongst the courts with regard t....
2011 0 Supreme(Del) 927 • India - Delhi
GITA MITTAL
Civil Procedure Code, 1908 - Order 39 Rules 1 & 2 – Order 38 Rule 5 – Application seeking interim injunction ... offering not to encash the fixed deposit with the bank – Interim injunction in terms of undertaking, granted. ... of injunction or attachment before judgement – Defendants placed material on record disclosing their standing and assets – Defendant ... For the purposes of passing an order of attachment bef....
1991 0 Supreme(P&H) 565 • India - Punjab and Haryana
V.K.JHANJI
ATTACHMENT BEFORE JUDGMENT - ORDER 38 RULE 5 CPC - VOID ORDER - ATTACHMENT OF PROPERTY - SATISFACTION OF COURT - INTENTION TO ... Bank filed another application under Order 38, Rule 5, read with Order 39, Rules 1 and 2, CPC, seeking attachment before judgment ... If the order of attachment is made without com....
• India - Consumer
S.S.DEWAN, LAKSHMI KANTA CHAWLA
District Forum directed release of F.D.Rs. along with interest, compensation of Rs.1,000/- - Section 15 - Opposite party challenged order ... complaint as well as suit substantially same - No default or deficiency of service attributable to appellant - Whether impugned order ... It was also alleged by the opposite party that since the property pledged by the loanees could not have satisfied the decree passed in favour of the opposite party (Bank of India), the latter submitted an application under Order 38#HL_E....
2000 0 Supreme(Pat) 377 • India - Patna
S.K.KATRIAR
471, 477A, 201, Prevention of Corruption Act - Section 5(2) - [SUMMARY OF ACT SECTIONS] Fact of the Case: The petitioner ... s action of refusing the petitioner to operate his bank account was upheld. ... s action of seizing the bank account and protecting public money. Issues: Validity of C.B.I.' ... The Subordinate Judge allowed the Banks application under Order 38, Rule 5 C.P.C., for attachment of property before the judgment, and the aforesaid ....
2016 0 Supreme(Ori) 1116 • India - Orissa
INDRAJIT MAHANTY, D.P.CHOUDHURY
power enshrined under the special Act whereas attachment before judgment under Order 38 Rule 5 is available under common law - Provisions ... INCOME TAX ACT, 1961 - Sec. 281 B - Attachment of Bank Accounts and fixed deposits - Whether in the facts and circumstances of the ... case the provisional attachment under the Section is legal and valid ? ... But opposite party No. 1 instead of granting any relief suggested for entire balance....
1958 0 Supreme(Pat) 154 • India - Patna
RAJ KISHORE PRASAD
The bank argued that the attachment of the debt under Order 21, Rule 46 of the Code of Civil Procedure (CPC) was invalid due to non-compliance ... Whether the attachment of the debt under Order 21, Rule 46 of the CPC was valid despite the alleged non-compliance with Rule 46(2 ... GARNISHEE PROCEEDING - ATTACHMENT - ORDER 21, RULE 46 OF THE CODE OF CIVIL PROCEDURE - COMPLIANCE - INTERPRETATION - EF....
• India - Bombay
ARIF S. DOCTOR
A) Arbitration and Conciliation Act, 1996 - Section 9 - Commercial Arbitration Petition filed seeking interim reliefs including deposit ... guarantee, which they failed to comply with - Court found that the Emergency Arbitrator's decision was binding and not merely an order ... arbitration - Disputes arose from Shareholders Agreement with arbitration clause - Emergency Arbitrator directed Respondents to furnish bank ... He submitted that the Petitioners’ claim to seek a deposit of the amount and/or in the alternative, a ....
1978 0 Supreme(AP) 348 • India - Andhra Pradesh
T.NARSINGA RAO
The provisions of Or. 38, Rule 5 C. P. ... Whether the provisions of Or. 38, Rule 5 C. P. ... The order of attachment passed in E. P. ... But it the attachment is sought before any judgment is passed, the case comes under Or. 38 Rule 5 C. P. C. This aspect of the matter need not detain us. Suffice it to say, that the provisions of Or. 38, Rule ....
2009 0 Supreme(Kar) 1012 • India - Karnataka
K.SURENDRA MOHAN
order passed under Order 38 Rule 5 is revisable. ... The court also discussed the revisability of the order passed under Order 38 Rule 5 and the availability of jurisdiction under Article ... The Bank also filed an application for attachment of the surrender value of the LIC policies in the name of the revision petitioner ... The order under revision being an #H....
Filter by Legal Phrase
