|
Click
here if you would like to Contribute.
Click
here if you would like to send Feedback.
If
any Court has reason to believe (whether after taking evidence
or not) that any person against whom a warrant has been
issued by it has absconded or is concealing himself so that
such warrant can not be executed, such Court may publish
a written proclamation requiring him to appear at a specified
place and at a specified time not less than thirty days
from the date of publishing such proclamation.
The
proclamation shall be publicly read in some conspicuous
place of the town or village in which such person ordinarily
resides. It shall be affixed to some conspicuous part of
the house or homestead in which such person ordinarily resides
or to some conspicuous place of such town or village and
a copy thereof shall be affixed to some conspicuous part
of the Court.
The
Court issuing a proclamation may, for reasons to be recorded
in writing, at any time after the issue of such proclamation,
order the attachment of any property, movable or immovable,
or both belonging to the proclaimed person. When the person
in relation to whom the proclamation is to be issued is
about to dispose of the whole or any part of his property
or is about to remove the whole or any part of his property
from the local jurisdiction of the Court, the Court may
order the attachment simultaneously with the issue of the
proclamation.
If
the property to be attached is a debt or other movable property,
the attachment shall be made as follows
1. By Seizure or
2. By the appointment of a receiver or
3. By an order prohibiting the delivery of such property
to the proclaimed person or to any one on his behalf or
4. By all or any two of such methods, as the Court thinks
fit.
If
the property ordered to be attached is immovable, the attachment
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 situated and in all other cases-
1. By taking possession or
2. By the appointment of a receiver or
3. 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
4. By all or any two of such methods, as the Court thinks
fit.
If
the property ordered to be attached consists of livestock
or is of a perishable nature, the Court may, if it thinks
fit expedient, order immediate sale thereof, and in such
case the proceeds of the sale shall abide the order of the
Court.
If
any claim is preferred to, or objection made to the attachment
of, any property attached, within 6 months from the date
of such attachment, by any person other than the proclaimed
person, on the ground that the claimant has an interest
in such property and that such interest is not liable to
attachment. The claim or objection shall be inquired into
and may be allowed or disallowed in whole or in part. In
the event of death of the claimant or objector, his or her
legal representatives can make objection or claim.
If
the proclaimed person appears within the time specified
in the proclamation, the Court shall make an order releasing
the property from the attachment. If the proclaimed person
does not appear within the time specified in the proclamation,
the property under the attachment shall be at the disposal
of the State Government. But it shall not be sold until
the expiry of six months from the date of the attachment
and until any claim preferred or objection made has been
disposed of.
to be continued...
Click
here if you would like to Contribute.
Click
here if you would like to send Feedback.
|
