Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether an attachment of debt is valid where the prohibitory order is served on the debtor but no copy is affixed on a conspicuous part of the court-house as required by the procedure for attachment.
Analysis: Attachment of debt under the relevant civil procedure provisions is effected only by compliance with the prescribed procedural steps. The prohibitory order under the attachment provision is not by itself sufficient. The attached property must be subjected to the full mode of proclamation required by the rule, including affixation of a copy of the order on a conspicuous part of the court-house. The absence of that step means the attachment is not completed, even if another copy of the order has been served and the garnishee initially indicated compliance. The principle that attachment is a real act distinct from the mere making of an order requires strict observance of the prescribed manner of attachment.
Conclusion: The attachment was not validly effected, and the order directing the bank to deposit the amount in court was set aside in favour of the bank.