ultra vires.
22. The next point relates to the attachment. The attachment would be illegal if the withdrawal of the tender was legal ... should have been inclined to award some damages as an illegal attachment does ordinarily mean some inconvenience and loss : but it is difficult
conduct of the plaintiff which was subsequent to the illegal attachment can attract the doctrine of estoppel. It is not alleged that illegal attachment ... Military authorities are concerned, they were no party to the illegal attachment. In fact, it is argued that the illegal attachment was made in opposition
seven per cent. At paragraph [x] the plaintiff repeated that the attachment illegal, unwarranted and unjustified. It also averred that defendants ... procedure of attaching the goods by acute seizure instated of issuing a prohibitive order would not make the attachment illegal. At best, the attached would
Powertech”
8
“ IGST Act ”
9
“ITC”
4
PART A
explaining the allegedly illegal claim of ITC made during ... Bagbania,
BBN Baddi, one of the customers of the appellant, for provisionally attaching an
amount of Rs. 5 crores due to the appellant, under Section
petitioner's permit as having been
renewed without the illegal conditions
attached thereto by the two endorsements
dated July 23, 1960, reproduced in
paragraph ... Kanpur-Bela-Bidhuna
route under the renewed permit
irrespective of the illegal conditions
attached thereto or of the illegal
scheme for the nationalization
connected matters
Judgment dt:26/4/2013
23/106
Ex. 5, to attach the petitioner's brick-kiln and the bricks
manufactured ... well as the bricks.
Representations were, however, made against this
alleged illegal attachment to the Collector whereupon
the Collector, by his order dated 31st January
mentioned further in this connection that although grievance about illegal attachment was made in the petition itself, the respondents cared little to satisfy us that
attachment on the ground that it was his own property which was being attached for a debt of the company. To remove the attachment ... that the action should proceed on the question of damages for illegal attachment. The plaintiff, having, in vain, applied for the drawing
them was illegal, without jurisdiction and ultra vires and that the Board was not entitled to realize it from them and to attach their ... water tax paid by him and also damages on account of illegal attachment of his property. It was found that the plaintiff's house
attachment was made in derogation of the provisions of Order
XXI, rule 44, Civil Procedure Code; and the Court held that
the attachment was illegal ... that case also the
attachment was illegal.
But there is a current of judicial opinion holding that
where there was a legal attachment, a third
