Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Property put to auction - Before confirmation of sale, decretal amount paid out of Court - Payment of decretal amount out of Court is permissible even during execution proceedings - If Court is satisfied that payment is so made to the D.H. out of Court and D.H. certifies such payment to Court, then Court is bound..........
Sale of Surplus Rural Prospective Rules, Rule 9 - - Auction sale - Cancellation of - Validity - Property was not fetching adequate amount despite repeated auction - No material irregularity or fraud committed in auction proceedings wherein petitioner was found highest bidder - After submitting objection respondent No.3 did not appear before ASO (Sales) at time of passing..........
Civil Procedure Code, 1908, Order 21, Rule 90(2) -- Auction sale - Setting aside - Appellant suffered substantial injury by reason of sale - Held, not sufficient to set aside sale unless substantial injury has been occasioned by material irregularity or fraud in publishing and conducting sale...........
Disposal of Surplus Rural Evacuee Agricultural Land Rules, 1962, Rule 11 -- Auction sale - Validity - Description of property as plot No.S.1 is recorded in Form S.XX - Absence of khasra numbers particularly when property is duly identified as plot No.S.1 - Held, it does not indicate such an error as empowered Settlement Commissioner to set aside auction while exercising..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993 -- Sale of property in execution of Recovery Certificate - Sale confirmed in the year 2006 - Appellants put in possession of the property - High Court set aside sale on the ground that a fair and transparent procedure not adopted and ordered re-auction where higher bid received - In the meantime six years..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Deposit of amount in Court is a condition precedent - Sale will not be set aside unless the entire amount specified in sub-rule (1) is deposited within 60 days from the date of sale and if it is beyond 60 days, Court cannot allow the application...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Auction sale cannot be set aside without impleading auction purchaser...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside sale on deposit - O.21.R.89 CPC gives right not only to judgment-debtor but also to other persons interested in the property or persons deriving title through the judgment-debtor to make an application to have the sale set aside...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside on deposit - Application accompanied by tender - Sale completed in 1972 - Pre requisite amount not deposited till 1980 - Sufficient to indicate that judgment-debtor had no intention to have sale set aside but only to frustrate decree and its execution - Order accepting application set aside...........
State Financial Corporations Act, 1951, Section 29 -- Recovery of loan - Sale of seized vehicle - Validity - Issuance of mandamus sought by borrower for rephasement of installments to clear outstanding loan amount borrowed - During pendency of matter, vehicle was seized and sold at Rs.1,51,000/- which was lower than off-set price of Rs.2,50,000/- and also much lower than..........
