Chapter VIII - RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY (From Section 111 to Section 124)
Claims to attachment allow interested persons to challenge property seizure, with court inquiry and a right to sue after disallowance. Any person other than the proclaimed person may, within six months of attachment, prefer a claim or objection that their interest is not liable to attachment; the issuing court or the Chief Judicial Magistrate's court (for endorsed orders) will inquire and may allow or disallow the claim, with a Chief Judicial Magistrate empowered to remit matters to a subordinate magistrate. If disallowed in whole or part, the person may institute a suit within one year to establish the right, but the attachment order remains conclusive subject to the suit's result.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Claims to attachment allow interested persons to challenge property seizure, with court inquiry and a right to sue after disallowance.
Any person other than the proclaimed person may, within six months of attachment, prefer a claim or objection that their interest is not liable to attachment; the issuing court or the Chief Judicial Magistrate's court (for endorsed orders) will inquire and may allow or disallow the claim, with a Chief Judicial Magistrate empowered to remit matters to a subordinate magistrate. If disallowed in whole or part, the person may institute a suit within one year to establish the right, but the attachment order remains conclusive subject to the suit's result.
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