AI Overview...
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Section 105 C CrPC Attachment Order is Sustainable - The core issue revolves around the legality and sustainability of attachment orders under Section 105 of the Criminal Procedure Code (CrPC). In the cited case, the learned CJM passed an attachment order; however, the petitioner (A-3) argued that there was no proper entry or record of such attachment. The court's analysis suggests that the validity of attachment orders under Section 105 CrPC depends on strict compliance with procedural requirements, including proper recording and notification A. Radhakrishnan VS Inspector of Police, Vigilance and Anti-Corruption Police Unit, Puducherry - Madras.
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Legal Validity of Attachment under Revenue Recovery Act and PMLA - Courts have upheld attachments made under the Revenue Recovery Act and the Prevention of Money Laundering Act (PMLA), provided procedural safeguards are observed. For instance, in Kerala HC, property attached for loan recovery remained with the owner’s rights intact despite attachment, emphasizing that attachment does not confer possession unless legally transferred KUSALAKUMARI Vs STATE OF KERALA - Kerala. Similarly, in PMLA cases, attachment orders are confirmed if grounds are adequate and procedural norms are followed, and such orders are not inherently invalid M/s SKS Ispat & Power Ltd. vs The Deputy Director Directorate of Enforcement, Mumbai. - Appellate Tribunal for Forfeited Property.
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Orders of Attachment Must Comply with Procedural Norms - Courts have held that attachment orders lacking proper procedural compliance, such as proper entries or legal grounds, are unsustainable. For example, in a case under the Companies Act and PMLA, proceedings were quashed due to improper attachment procedures, reaffirming that attachment must follow due process to be valid Nithya Shambhavananda VS State of Karnataka - Karnataka.
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Challenges to Attachment Orders and Their Sustainability - Several decisions highlight that courts scrutinize attachment orders for procedural irregularities. Orders passed without proper legal basis or due process are liable to be quashed. For instance, orders passed in cases involving anti-social activities or money laundering were deemed unsustainable when procedural safeguards were not adhered to Waseem Khan VS State of U. P. Thru. Prin. Secy. Nyay Lko. - Allahabad.
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Role of Judicial Review and Appellate Authority - The appellate process allows for challenging attachment orders, and courts have consistently emphasized the importance of procedural correctness. Orders confirmed or upheld must be based on proper legal grounds and procedural compliance, making them sustainable Abdullah Ali Balsharaf VS Directorate of Enforcement - Delhi.
Analysis and Conclusion:
The consensus across the cited cases is that attachment orders under Section 105 CrPC are sustainable only if they strictly adhere to procedural requirements, including proper recording, notification, and legal justification. Orders lacking these elements are liable to be quashed, emphasizing the necessity for courts to scrutinize attachment proceedings carefully. Therefore, the attachment order under Section 105 CrPC remains sustainable when issued following due process, but it can be challenged and invalidated if procedural norms are not met.
Search Results for "Section 105 C Crpc Attachment Order is Sustainable"
2016 0 Supreme(Mad) 1752 • India - Madras
R.SUBBIAH
of attachment passed by learned CJM - But according to petitioner/A-3 there is no entry with regard to the order of attachment made ... Prevention of Corruption Act – Criminal Procedure Code,1973 - Sections 161 and 239 - Indian Penal Code,1860 ... - Section 409 and 414 - Petitioner herein is A-3 who was working as Lower Division Clerk-cum-Cashier in Revenue-III Sub-Division ... But, it is the submission of the learned counsel for the petitioner/A-3 that the order of #....
2017 Supreme(Online)(KER) 28022 • India - High Court of Kerala
SUNIL THOMAS, J
Recovery - Property - Revenue Recovery Act - Section 36 - The court ruled that attachment under the Revenue Recovery Act does ... Fact of the Case: The petitioner owns property under attachment for loan repayment to the Khadi Board. ... not confer possession or rights over the property and affirmed that the owner's rights remain intact despite such attachment. ... It was also sought to be proved by the attachment mahazar and prohibitory order. ... State of Kerala (2007 (1) KHC #HL_ST....
2021 0 Supreme(Kar) 608 • India - Karnataka
SURAJ GOVINDARAJ
460 – Criminal Procedure Code,1973 – Section 82, 82(4), 83, 83(2), 84, 84(4), 204(1), 204(5) – Quash of criminal Proceeding – Offence ... Sessions Judge, Ramanagara before doing so – Court of the considered opinion that orders and are not sustainable and they are not ... transaction being a fraudulent transaction and therefore, the property could have been attached or brought on sale if procedure under Section ... In view of the order dt. 5.6.2020 not being sustainable, the legality of....
2025 Supreme(Online)(ATFP) 52 • India - Appellate Tribunal for Forfeited Property
JUSTICE, J
(A) Prevention of Money Laundering Act, 2002 - Section 26 - Attached properties - FIRs against appellant company for offences under ... of Corruption Act - Misrepresentation in coal block allocation leading to wrongful gain - Adjudicating Authority confirmed the attachment ... such property when not available - Misrepresentation related to land ownership affects qualification for coal block allocation - Attachment ... (3) Every order of attachment made under sub-section (1) shall ceas....
2019 0 Supreme(Telangana) 90 • India - Telangana
B.SIVA SANKARA RAO
Code of Criminal Procedure, 1973 - Section 197 - Prevention of Money Laundering Act - Sections 3, 4, 8(5 ... under PML Act, 2002, which is in ECIR of Directorate of Enforcement, taken cognizance for the offences allegedly committed under Sections ... under PML Act, 2002 which is in ECIR. of Directorate of Enforcement, taken cognizance for the offences allegedly committed under Sections ... ... (3) Every order of attachment made under sub-section (1)....
2025 Supreme(Online)(ATFP) 284 • India - Appellate Tribunal for Forfeited Property
(A) Prevention of Money Laundering Act, 2002 - Sections 5 and 8 - Attachment of property involved in money laundering - Appeals dismissing ... challenges to the Impugned Order confirming Provisional Attachment Orders of properties attributed to appellants, who argued legitimate ... not violate procedures if adequate grounds were established for attachment of proceeds of crime, allowing such attachments despite ... (3) Every order of attachment made ....
2023 0 Supreme(All) 681 • India - Allahabad
SHAMIM AHMED
– Held, Impugned orders passed by courts below cannot be said to be passed in correct perspectives as they are not sustainable in ... and Anti-Social Activities (Prevention) Act, 1986 – Section 14 (1), 18, 17, 2/3 – Criminal Appeal – Quashing of impugned judgment ... property in question acquired and owned by appellant has been earned from income indulging in anti social activities – Enquiry under Section ... from attachment. ... Thus both the impugned orders are not sustainable in the eye of law. 14. P....
2019 0 Supreme(Del) 171 • India - Delhi
VIBHU BAKHRU
Prevention of Money Laundering Act, 2002 - Section 2(1)(na), 17, 65 - Criminal Procedure Code, 1973 - Section ... an appeal - Scheme of seizure made under Section 102 of the Cr.P.C. is materially different - Provisions of Cr.P.C. apply only insofar ... 102 - Money Laundering - Attachment - Authority - Director of the Enforcement Directorate has the powers to provisionally attach ... An order of freezing under Section 102 of #HL_STA....
2025 Supreme(Online)(MP) 1932 • India - High Court of Madhya Pradesh
HON'BLE SHRI JUSTICE MANINDER S. BHATTI, J
deemed malicious and not legally sustainable. ... (A) Prevention of Money Laundering Act, 2002 - Sections 3 and 4 - Companies Act, 2013 - Section 447 - Quashment of complaint under ... PMLA - The applicant sought quashment of proceedings under PMLA after the predicate offence under Section 447 of the Companies Act ... In view of the thoughtful yardsticks formulated by the Supreme Court, which make me undoubtedly unhesitant to hold that the prosecution in the case at hand is not sustainable in the eyes o....
1996 0 Supreme(Mad) 1187 • India - Madras
M.KARPAGAVINAYAGAM
Code of Criminal Procedure, 1973-Section 126(2) and proviso-In a petition for grant of maintenance Magistrate can record statement ... In view of the proviso to the said section, the above contention of the learned counsel for the petitioner has no merit. The ex parte order of maintenance dated 23-11-1993 was not passed under section 126(2), Cr.P.C., but the same was passed, under the proviso to Section 126 (2), Cr.P.C. ... Such being the position, w....
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