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sanjay (executive)     18 June 2012

Section 83 jurisdiction

Respected Forum Members,

I and my family is the victim of 498 + DV + 376[on my brother and my father; however the medical report found no proof that rape has been commited]

My Major points of concern are:

In case of section 83 can the court of one state order seizure of property in another state. How do the court/police know of my property or bank accounts. Am I right in thinking that the court will only seize property or bank account of which the opposition party knows.Can the court/police know of all my property and bank balances.

Thanks & Regards



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 June 2012

The court collect information from the various govt. agencies. Like Income tax dept.,etc. 


(1) The court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

 

Provided that where at the time of the issue of the proclamation the court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,--

 

(a) is about to dispose of the whole or any part of his property, or

 

(b) is about to remove the whole or any part of his property from the local jurisdiction of the court,

 

It may order the attachment simultaneously with the issue of the proclamation.

 

(2) Such order shall authorize the attachment of any property belonging to such person within the district in which it is made; and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.

 

(3) If the property ordered to be attached is a debt or other movable 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.

 

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the collector of' the district in which the land is situate, and in all other cases-

 

(a) by taking possessions or

 

(b) by the appointment of' a receiver; or

 

(c) by an order in writing prohibiting the payment of rent on delivery of 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.

 

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the court.

 

(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under theCode of Civil Procedure, 1908 (5 of 1908).

 

 

sanjay (executive)     18 June 2012

so do I conclude that the opposite party can seize all of my bank's accounts and property irrespective of I may have property which is not in the jurisdiction of the court in which the case is filed.

sanjay (executive)     19 June 2012

Its very disheartning that in such a vast forum no one is there to solve my query.


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