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. D.—Other rules regarding processes
Bharatiya Nagarik Suraksha Sanhita
Section 89
Appeal from order rejecting application for restoration of attached property
Englishहिंदी
⚡ Quick Answer Reference: Section 89 BNSS
- Provision: Section 89 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: This section allows a person who is unhappy with a decision not to return their property or its sale proceeds to appeal to a higher court.
Statutory Content
What does Section 89 of BNSS say?
Indian StandardSection 89, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 89 (India)
Court Pleading StandardSection 89 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/89
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 89 of BNSS mean?
Plain English Explanation
This section allows a person who is unhappy with a decision not to return their property or its sale proceeds to appeal to a higher court.
Practical Interpretation
In practice, this section provides a legal avenue for individuals to challenge decisions regarding the restoration of attached property, ensuring they have a chance to be heard in a higher court.
Core Legal Purpose
The core purpose is to provide an appellate mechanism for individuals aggrieved by decisions related to the restoration of attached property, promoting fairness and due process.
Key Legal Elements
- •The person must be referred to in sub-section (3) of section 88.
- •The person must be aggrieved by a refusal to deliver property or its sale proceeds.
- •The appeal must be made to the court that normally hears appeals from the court that made the original decision.
- •There are no explicitly stated exceptions or limitations in this section.
Practical Example
Practical Example of Section 89 BNSS
Rajesh's property was attached under section 88. He applied for its restoration but was refused. Aggrieved by this decision, Rajesh can appeal to the higher court that normally hears appeals from the court that rejected his application, seeking a review of the decision and potentially the return of his property or its sale proceeds.
Common Questions (FAQ)
Frequently Asked Questions about Section 89 BNSS
Q: What is the punishment or consequence under Section 89 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the appeal process for individuals aggrieved by decisions related to the restoration of attached property.
Q: Does this section apply to private individuals or public entities?
This section applies to any person referred to in sub-section (3) of section 88, which could potentially include both private individuals and public entities, depending on the context of section 88.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences or their classification as bailable or cognizable. It is a procedural provision related to appeals.
People Also Ask (PAA)
Common Questions about Section 89 BNSS
What is Section 89 of BNSS?
Section 89 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Appeal from order rejecting application for restoration of attached property". In plain terms: This section allows a person who is unhappy with a decision not to return their property or its sale proceeds to appeal to a higher court.
What is the punishment under Section 89 of BNSS?
Section 89 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 89 of BNSS bailable or non-bailable?
Whether Section 89 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 89 of BNSS?
The essential elements of Section 89 of BNSS are: The person must be referred to in sub-section (3) of section 88.; The person must be aggrieved by a refusal to deliver property or its sale proceeds.; The appeal must be made to the court that normally hears appeals from the court that made the original decision..
Landmark Case Laws
Landmark Judgments under Section 89 BNSS
Patnahcucisdb94 High Court (10 8)
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