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april 2000

Supreme Court of India · 2000-04-18

Hiten P. Dalal vs Stardard Chartered Bank And Others

Court
Supreme Court of India
Petitioner
Hiten P. Dalal
Respondent
Stardard Chartered Bank And Others
Bench
R.P.Sethi, B.N.Kirpal

Judgment text excerpt

The Supreme Court examined the provisions of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, particularly Section 3, which empowers the Central Government to appoint a Custodian to notify individuals involved in securities offences, leading to the attachment of their properties. The Court held that the Custodian's notification under Section 3(2) results in automatic attachment of the notified person's properties, overriding other laws, including the Code of Criminal Procedure. The appeal by the bank was dismissed, affirming the Custodian's authority to demand the return of shares from the bank.

Hiten P. Dalal vs Stardard Chartered Bank And Others · Niyam