Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Both the provisions are mandatory in nature - Non payment of price on the part of the defaulting purchaser renders sale proceedings as a complete nullity - Inherent powers of Court cannot be allowed to circumvent the mandatory provisions of the Code and relieve the purchaser of his obligation to make the deposit...........
Hindu Minority and Guardianship Act, 1956, Section 8, 11, 12 -- Sale of minor's interest by a de facto guardian in violation of express bar provided under the section is per se invalid - Legal necessity not relevant in a invalid transfer - A transferee of such alienation does not acquire any interest in the property - Such invalid transaction is not required to be set..........
Criminal Procedure Code, 1973, Section 409, 420 -- Sale of plot on the basis of power of attorney - Power of attorney had already been cancelled which fact was within the knowledge of accused - Offence u/ss 409 & 420 IPC made out - No ground to quash FIR...........
Transfer of Property Act, 1882, Section 41, Punjab Package Deal Properties (Disposal) Act, Section 10(2), 10 -- Sale made in violation of the statutory provisions regulating the property - Vendee taking plea that he was bonafide purchaser - Held, even bonafide purchaser cannot be protected u/s 41 of the T.P.Act if sale is made in violation of statutory provisions...........
Punjab Agricultural Produce Markets Act, 1961, Section 23, Constitution of India, 1950, Article 14, Punjab State Agricultural Marketing Board (Sale and Transfer of plots) Rules, 1999, Rule 13, 12 -- Allotment of booth/shops in 'New Sabzi Mandi' - Licenced dealers of old Subzi Mandi made allotment on free-hold basis - Other allowed to participate through open auction -..........
Evidence Act, 1872, Section 101, 102, 103, Transfer of Property Act, 1882, Section 54 -- Sale deed - Illiterate, pardanashin woman - Sale deed when executed by an illiterate, pardanashin woman then burden is on vendee to prove that the deed of sale was a genuine document...........
Transfer of Property Act, 1882, Section 54 -- Sale deed registered - Carries a presumption that the transaction was a genuine one...........
Transfer of Property Act, 1882, Section 54 -- Sale deed or a money lending transaction - Sale deed must be construed in its entirety - On reading the sale deed in its entirety, no doubt whatsoever that it was a deed of sale - Held, the deed was a sale deed and not a money lending transaction...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - As soon as sale deed is registered title passes to the vendee - The vendor in terms of the stipulations made in the deed of sale is bound to deliver possession of the property sold - If he does not do so, he makes himself liable for damages - Registered sale deed carries a presumption that transaction was genuine..........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 101, 103 -- Sale deed - Registered - Onus is on the party who contends that sale deed was, in fact, not executed or otherwise does not reflect the true nature of transaction...........
