Supreme Court · 2004 INSC 248 · Decided 12 April 2004

Canbank Financial Services v. Custodian and ANR.

Court
Supreme Court of India
Citation
2004 INSC 248 · [2004] 3 S.C.R. 1100
Case number
CIVIL APPEAL No. 166/1994
Decided
12 April 2004
Bench
S. RAJENDRA BABU, AR. LAKSHMANAN, G.P. MATHUR (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Special Court (Trial of Offences Relating to Transal:tions in Securities) C Act, 1992: S.3-Share broker notified under the Act-Money received as sale proceeds of shares belonging to a customer sold by share broker-Attachment of-Held, the money belongs to the customer and the share broker was with his own D money, s. 66 of Trusts Act arms the court to impose a charge on the whole property of the trustee to the extent of amount due-Customer is entitled to the amount-Indian Trusts Act, 1882--s.66. Respondent No. 2, a share broker, sold shares belonging to the appellant, for a certain

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