bank freeze lawyer kerala No Further a Mystery
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, the superior court docket of Madras whilst directing the de-freezing of an account pointed that the investigating authorities experienced don't just failed to comply with the mandate of segment 102 but experienced also frozen the bank accounts with no even registering an FIR, demonstrating the hastiness with the officers’ steps.[28] The court docket also considered which the claimed bank accounts had been being used to repay the Petitioner’s financial loan amounts. therefore, the Court found the steps of your investigating authority as violative in the Petitioner’s elementary proper beneath Article 21 on the Structure.
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In combination with the above, courts have also touched on as to how the provision must be interpreted together with utilized. The Supreme courtroom had clarified that whilst interpreting portion 102 in the CrPC, the underlying item guiding it needs to be stored in your mind and that the provision can not be given a slim interpretation,[thirteen] giving adaptability to your investigating authorities.
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[t]Here's nothing at all in portion 102 which mandates providing of prior recognize to your account holder before the seizure of his bank account
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