Rita Bhatia LOD
Rita Bhatia LOD
Rita Bhatia LOD
Case Notes
1. Description of Parties:
Rita Bhupender Bhatia - Appellant/Applicant
State Of Maharashtra – Complainant
Shanawaz Salim Shaikh – R.1
Haroon Abdul Sattar Shaikh – R.2
Mukesh Dattatraya More – R.3
2. Appearing For: Applicant
3. Issues: Whether Chunnbhati Police Station has the right to attach the property
belonging to the Applicant?
Judgements:
1. (1967) 1 SCR 293: AIR 1967 SC 744
Para 19. “Any contract of sale (agreement to sell) which is not a registered
deed a of conveyance (deed of sale) would fall short of the requirements of
Sections 54 and 55 of the TP Act and will not confer any title nor transfer any
interest in an immovable property (except to the limited right granted under
Section 53-A of the TP Act). According to the TP Act, an agreement of sale,
whether with possession or without possession, is not a conveyance. Section 54
of the TP Act enacts that sale of immovable property can be made only by a b
registered instrument and an agreement of sale does not create any interest or
charge on its subject-matter.
Q.(b) Whether a police office officer can take control of any immoveable
property which may be found under circumstances which create suspicion of
the commission of any offence? Ans. No.
Q.(c) Which of the above two judgments lay down correct law in respect of the
powers of a police officer to seize any immoveable property under Section 102
of the Code of Criminal Procedure?
Q.(d) Whether the law laid down by the Supreme Court in case of State of
Maharashtra v. Tapas D. Neogy, (1999) 7 SCC 685 is restricted to seizure of
bank accounts only or it can be extended to immoveable property also, as
interpreted by the Division Bench in the case of Bombay Science and Research
Education Institute v. State of Maharashtra, 2008 All M.R. (Cri.) 2133?
Ans. The law laid down by the Supreme Court in State of Maharashtra v.
Tapas D. Neogy (supra) is restricted to seizure of bank account and cannot be
extended to immovable property also, as interpreted by the Division Bench in
Bombay Science & Research Education Institute v. State of Maharashtra
(supra). On pronouncement of the judgment, Mr. Gadkari, the learned A.P.P.,
submitted an oral application for stay.