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Attachment of property

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Friday, 11 May 2012

basic principle for attachment of property

 
"The procedure laid down under Section 83 has to be followed strictly. Jurisdiction to pass an attachment order cannot be assumed unless a proclamation under Section 82 of the Code had been issued. The normal rule is that the Magistrate has to wait until the expiry of 30 days to enable the accused to appear in terms of the proclamation. The words "at any time after the issue of proclamation" are not to he interpreted in isolation. The key for gathering the intention of the law makers is to be found in Section 82 of the Code. Sections 82 and 83 of the Code 4 not spell out dichotomous procedures, they are to be read in harmony. Thus except in cases covered by the proviso to Section 83(1) the attachment order has to maintain a distance of not less than 30 days from the date of the publication under Section 82. These 30 days are to be computed from the date of publication of the proclamation and the provisions in this respect are mandatory.
It must be emphasized here that the nature of the satisfaction mentioned in the proviso is objective and not merely subjective. The attachment of property incurs civil consequences and is deprivation of the valuable right to property of the person whose property is so attached. The satisfaction cannot be arrived at arbitrarily or on fanciful grounds. There has to be evidence by way of reliable evidence or other


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