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BNSS, 2023
Start Practicing
BNSSChapter VISection 89
Section89

Appeal from order rejecting application for restoration of attached property

AI Assist

Summary

If a person covered by the earlier rule is denied delivery of attached property or the money from its sale, they may appeal that refusal. The appeal goes to the same appellate court that ordinarily hears appeals against the orders of the court which made the original refusal. This gives the aggrieved person a higher court review.

Example

Priya owned shop stock that was attached during an investigation. The trial court refused to return the goods or the sale proceeds to her. Priya can appeal that refusal to the appellate court that normally hears appeals from that trial court.

Bare Act

Enacted text

Any person referred to in sub-section (3) of section 88, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.

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VI

Chapter VI

Processes to Compel Appearance

In this chapter

  • 63Form of summons
  • 64Summons how served
  • 65Service of summons on corporate bodies, firms, and societies
  • 66Service when persons summoned cannot be found
  • 67Procedure when service cannot be effected as before provided
  • 68Service on Government servant
  • 69Service of Summons outside local limits
  • 70Proof of service in such cases and when serving officer not present
  • 71Service of summons on witness
  • 72Form of warrant of arrest and duration
  • 73Power to direct security to be taken
  • 74Warrants to whom directed
  • 75Warrant may be directed to any person
  • 76Warrant directed to police officer
  • 77Notification of substance of warrant
  • 78Person arrested to be brought before Court without delay
  • 79Where warrant may be executed
  • 80Warrant forwarded for execution outside jurisdiction
  • 81Warrant directed to police officer for execution outside jurisdiction
  • 82Procedure on arrest of person against whom warrant issued
  • 83Procedure by Magistrate before whom such person arrested is brought
  • 84Proclamation for person absconding
  • 85Attachment of property of person absconding
  • 86Identification and attachment of property of proclaimed person
  • 87Claims and objections to attachment
  • 88Release, sale and restoration of attached property
  • 89Appeal from order rejecting application for restoration of attached property
  • 90Issue of warrant in lieu of, or in addition to, summons
  • 91Power to take bond or bail bond for appearance
  • 92Arrest on breach of bond or bail bond for appearance
  • 93Provisions of this Chapter generally applicable to summons and warrants of arrest
Previous · Section 88Release, sale and restoration of attached propertyNext · Section 90Issue of warrant in lieu of, or in addition to, summons