138 ni-83(1) crpc-receiver of moveable property-'belongings or fixtures'

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• • March 6, 2018 at 12:20 am #4119
    yousuf-husain

    Guest

    respected sir with all due respect,
    cannot i attach the ‘articles belonging to’ or ‘fixtures’ in the shop, since the accused(wife) is the proprietrix of the shop as shown in the TIN DETAILS of commercial tax department. sir i am not asking physical attachment of the property(shop),as rightly advised by you since the husband is the owner of the shop as shown in the ‘EC’ and wife and husband being different legal entities.
    sir even if my arguments or pleadings are incorrect can you please suggest the best possible way out so that i can attach moveable property of the accused(wife){(articles or fixtures)} in the shop. sir this is a batch of cases filed in respect of 138 ni act,involving huge amounts.
    sir thank you for your patience hearing and timely response,
    thank you very much,
    with regards,

  • March 6, 2018 at 7:54 am #4120
    Dr. Ashok Dhamija

    Advocate

    Section 83 of the Cr.P.C. provides for “…the attachment of any property, moveable or immovable or both, belonging to the proclaimed person”.

    So, the attachment of movable property is possible, provided it is of the proclaimed person.

    Sub-section (3) of Section 83 further provides how movable property is to be attached:

    “(3) If the property ordered to be attached is a debt or other moveable property, the attachment under this section shall be made—

    (a) by seizure; or

    (b) by the appointment of a receiver; or

    (c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or

    (d) by all or any two of such methods, as the Court thinks fit.”

    So, you can move an appropriate application before the court.

         

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    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

  • March 6, 2018 at 7:45 pm #4122
    yousuf-husain

    Guest

    respected sir
    is it compulsory or mandatory or imperative for the court to obtain, when the matter is posted for first appearance in court for the offence under 138 ni act, bail sureties or bail bonds from the accused? sir 138 ni act being summons case whether bail surety at the first instance of the accused is mandatory or imperative? sir requesting for any high court judgement preferably of andhra high court or madras high court in favour of the accused.

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