Attachment may be continued subject to an existing mortgage or charge even if the encumbrancer is not in possession. Where a Tax Recovery Officer, during investigation under rule 11, is satisfied that attached property is subject to a mortgage or charge in favour of a person not in possession, the officer may continue the attachment subject to such mortgage or charge, excluding mortgages or charges referred to in section 281 or rule 16.
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.
Attachment may be continued subject to an existing mortgage or charge even if the encumbrancer is not in possession.
Where a Tax Recovery Officer, during investigation under rule 11, is satisfied that attached property is subject to a mortgage or charge in favour of a person not in possession, the officer may continue the attachment subject to such mortgage or charge, excluding mortgages or charges referred to in section 281 or rule 16.
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