Showing : 1-10 of 88 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Auction sale-- Conversion of leasehold rights into freehold rights - Property in question, which was put in auction was a property as lease hold rights residential plots - When property is auctioned, terms and conditions of auction are binding on both the parties - Auction notice provided for auction of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2)-- Auction sale - Proclamation - Joint property - An undivided share of a co-owner of a property may be subject matter of sale - But a definite piece of joint property cannot be sold in execution sale describing it as share of JD - Purchaser cannot be put into possession of property unless property..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 92-- Auction sale - Setting aside - Application U.O.21.R.90 CPC to set aside sale on the ground of material irregularity dismissed and sale confirmed - Objector is precluded by virtue of provision U.O.21.R.92(3) CPC from bringing a fresh suit to set aside sale on the same grounds...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90, 92-- Auction sale - Setting aside - When auction purchaser is DH himself and when an application is made to set aside sale on a ground other than that covered by O.21.R.90 CPC and no application has been made U.O.21.R.89 CPC, case would fall u/s 47 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 17-- Jurisdiction of civil Court - Civil suit for partition - Not maintainable when proceedings under SARFAESI Act had been initiated - Remedy against initiating proceedings under SARFAESI Act lies u/s 17 which provides for an efficacious and adequate remedy to a party aggrieved - Impugned order..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13-- Corporate loan - Recovery - Auction sale - Fraud and collusion between creditor and auction purchaser - Property was purchased by auction purchaser in pursuance of a public auction - Entire amount of sale consideration deposited by auction purchaser - Moreover, debtor failed to discharge its..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47, 151-- Auction sale - Setting aside - Third party objection - Respondent No.1 neither a party to suit nor to the execution petition (EP) - Having participated in the auction unsuccessfully and having kept quite at that time, respondent No.1/third party is estopped from questioning the auction sale of EP..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Material irregularity alone is not sufficient to set aside auction sale - JD has to go further and establish to the satisfaction of Court that material irregularity or fraud, as the case may be, has resulted in causing substantial injury to JD or in conducting the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Debt Recovery Appellate Tribunal (Procedure) Rules, 1994, Rule 22-- Auction sale - Setting aside - Mortgage property - Sale was confirmed and sale certificate was issued in favour of auction purchaser - Merely because property in question was sole item of property owned by borrower/respondent no.2, is no ground to set aside sale deed, particularly, when auction..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 64-- Auction sale - Setting aside - Property worth Rs.1 crore sold in auction sale at partly sum of Rs.5,50,000 - Sufficient ground to set aside sale...........

Showing : 1-10 of 88 Results