CourtMesh

Section 4: Procedure to be followed in an enquiry under section 5

The Karnataka Debt Relief Rules, 2019State Rules of Karnataka · 1980

(1) In an enquiry under sub-section (3) of section 5 the Debt Relief Officer shall serve a notice calling upon the respondent to appear before him on the date specified in the notice.

(2) The respondent shall be given an opportunity to file objection in writing and both sides shall be given reasonable opportunity to adduce evidence both oral and documentary in support of their respective contentions and to cross-examine the witnesses of the other side. The provisions of section 34 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) shall apply for the recording of evidence.

(3) The order to be passed shall contain,-

(a) a concise statement of the case;

(b) the points for determination;

(c) the decision thereon;

(d) the reasons for such decision; and

(e) the relief granted.

(4) The order shall be pronounced in open Court and if the parties are present at the time of such pronouncement a copy of the order shall be furnished to both the parties free of cost and if the parties are not present a copy of the order shall be served on the parties in person or sent by registered post.

(5) An order under sub-section (3) of Section 5 shall also specify a date within which the creditor shall produce the document evidencing the debt and the moveable properties pledge, which shall not be less than thirty days from the date of service of the copy of the order on him.

(6) On production of the moveable properties in pursuance of an order under sub-section (3) of section 5 the Debt Relief Officer shall prepare a statement containing the particulars of the said moveable properties and furnish a copy of it to the creditor of the person producing them.

(7) The Debt Relief Officer shall, immediately after the properties are produced before him by the creditor, deliver the same to the debtor after taking an acknowledgement from him in Form-5.

3

Where this provision sits

ActThe Karnataka Debt Relief Rules, 2019
Section4
Marginal noteProcedure to be followed in an enquiry under section 5
JurisdictionState of Karnataka
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Karnataka Debt Relief Rules, 2019 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.