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        Companies Law

        1996 (9) TMI 487 - SC - Companies Law

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        Attachment under the Special Court Act does not cover income earned later through a notified person's own labour. Section 3(3) of the Special Court Act attaches property belonging to a notified person on the date of notification, and income or accretions derived from ...
                        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 under the Special Court Act does not cover income earned later through a notified person's own labour.

                              Section 3(3) of the Special Court Act attaches property belonging to a notified person on the date of notification, and income or accretions derived from attached property remains within attachment. It does not extend to income earned later through the notified person's own personal labour, because such a reading would go beyond the statutory point of attachment and impermissibly interfere with the right to earn a livelihood. On that basis, income from the appellant's own services was not attachable, and he was entitled to open a bank account only for depositing that income.




                              Issues: Whether income earned by a notified person through his own labour after notification is liable to attachment under section 3(3) of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, and whether he is entitled to open and operate a bank account for depositing that income.

                              Analysis: Section 3(3) attaches, by operation of law, the property belonging to a notified person as on the date of notification. The words used in the provision indicate the point of attachment, not an intention to attach every asset or income that may be acquired later irrespective of its source. Property acquired after notification is not attached merely because it is later acquired; if the property is truly the notified person's own property, it would come within attachment only upon establishment of that fact in accordance with the Act. A construction extending attachment to income generated by the notified person's own labour would unduly impair the right to earn a livelihood and would press the provision towards unconstitutional operation. Income generated by the notified person's own personal labour stands outside the net of section 3(3), though income or usufruct derived from attached property remains attached.

                              Conclusion: Income earned by the appellant from his own services was not attachable under section 3(3), and he was entitled to open a bank account for depositing that income alone. The appeals were therefore allowed and the orders under appeal were set aside.

                              Ratio Decidendi: Attachment under section 3(3) extends only to property belonging to the notified person on the date of notification and to income or accretions derived from attached property, not to income earned thereafter by the notified person through his own labour.


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                              ActsIncome Tax
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