Validity of provisional attachment order challenged - petitioner ...

Property owner's rights upheld. Provisional attachment quashed for lack of notice, violating natural justice. Duty to issue notice before confirming attachment.

July 24, 2024

Case Laws Money Laundering HC

Validity of provisional attachment order challenged - petitioner lawful owner of property - no notice issued violating natural justice principles - duty on Adjudicating Authority to issue notice before confirming provisional attachment - absence of notice violates mandatory requirements of serving provisional attachment order and prior show cause notice - attachment without notice to lawful owner cannot be legally sustained - coordinate bench precedent setting aside attachment in similar situation - impugned provisional attachment order quashed as petitioner purchased property before attachment and was in peaceful possession - petition allowed.

View Source

← Previous Next →

Validity of provisional attachment order challenged - petitioner ...

Property owner's rights upheld. Provisional attachment quashed for lack of notice, violating natural justice. Duty to issue notice before confirming attachment.

July 24, 2024

Case Laws Money Laundering HC

You may also like:

Predicate offence involving meagre disclosed income but substantial investment in properties without proof of legitimate source. Provisional attachment of immovable...

Provisional attachment order u/s 5 of PMLA Act challenged. Court held no third-party rights can be created over attached properties. Direction to restore possession to...

Validity of provisional attachment order - benefit of Input Tax Credit availed from invoices issued from non-existing firms - It observes that the impugned order lacks...

When authorities of Enforcement Directorate (ED) have reasons to believe, based on material, that any person possesses proceeds of crime and is likely to conceal or...

Provisional attachment of the subject land u/s 281B - Rights of transferee or a partner’s interest - The assessee in the case on hand is Inviddual / Partner. The...

Lifting of provisional attachment - passing order in form GST DRC-07 - Its like recovery under the Bombay Land Revenue Code. This is possible or rather permissible only...

Provisional attachment of bank accounts - the period of one year would come to an end on 21.09.2021 - It must be noted that the exercise of right under Rule 159(5) of...

Violation of principles of natural justice - mandatory SCN was not served - provisional attachment of property - The respondent defends the legality of the actions,...

Recovery of VAT from the purchaser of property in Auction - Attachment of mortgaged properties - It is hereby declared that the respondent No.2 had the first charge over...

Provisional attachment of stock and Bank Accounts - section 83 of the Central Goods and Service Tax Act, 2017 - case of petitioner is that no notice under section 46 was...

Writ petition partly allowed. Order of provisional attachment of petitioner's immovable properties purchased prior to 2014 u/s 5(1) of PML Act set aside as without...

Provisional attachment order u/s 83 of the Act expires after one year. The department cannot issue a second notice for provisional attachment without providing fresh...

AT ruled against Bank's challenge to property attachment under Prevention of Money Laundering Act (PMLA). Despite Bank's prior mortgage rights and claim as fraud victim,...

AT upheld provisional attachment of properties determined to be benami transactions where tribal land was purchased by non-tribal persons through a proxy owner. The...

Provisional orders of attachment issued u/s 83 can be challenged by filing objection u/r 159(5). Petitioner did not file objection. Respondents issued fresh provisional...

Quick Updates: