Civil Procedure Code, 1908, Order 21, Rule 52(1), 54(2), 58, 59, 66, 67, 89, 90 -- Money decree - Property attached and sold - Sales Tax and Purchase Tax due against J.D. - Subsequently State attaching the same property - Whether valid? - Petitioner purchasing property in auction sale in execution of money decree on 16.2.1982 - Sale confirmed on 25.3.1982 - Sale..........
Civil Procedure Code, 1908, Section 65 -- Auction sale - Amount deposited in Court - The same deposited in bank to earn interest - Sale confirmed - Title of purchaser in auction sale vesting from the time of auction sale - Purchasers have no right over the sale consideration deposited in Court - Purchasers are not entitled to accrued interest - Till transfer of amount in..........
Civil Procedure Code, 1908, Section 47 -- Execution - Question relating to validity of confirmed execution sale, raised by third party purchaser of J.D's property pendente lite cannot be gone into by execution Court - Only questions arising between parties to suit (which includes third party purchaser at auction sale) fall for adjudication if such questions relate to..........
Transfer of Property Act, 1882, Section 52, 53 -- Lis pendens - Applicability - Lis pendens starts from presentation of suit and continues till decree is executed - Private sale made by J.D. who is aware of decree and of attachment made before judgment and who has no evidence to prove that transfer is for consideration, has to be held fraudulent and voidable at instance of..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Considerable difference between the value of the property shown in the sale proclamation and its real value - It is a valuable evidence of fraud on the part of the decree holder - Sale should be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 90(2) -- Auction sale - Inadequate price - Amounts to `substantial injury' - The endeavour of the Courts shall be to obtain adequate price for the property put in for sale...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Allegation of irregularity in publishing and conducting sale - Omission to mention encumbrances in sale proclamation - It cannot be said that such omission can by itself be injurious to J.D. because it is likely to persuade auction purchasers to offer higher price - Where price fetched in sale..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 90, 66 -- Auction sale - Setting aside - Allegation of irregularity in publishing and conducting sale - Omission to mention encumbrances in sale proclamation - J.D. duly served with notice for drawing up of sale proclamation - J.D. remained absent and did not raise objection to proclamation drawn up and sale conducted..........
Civil Procedure Code, 1908, Order 41, Rule 6(2)- -- Auction sale - Stay - Pending disposal of appeal, Executing Court is duty bound to stay sale of immovable property - However, Executing Court can impose conditions - Refusal to grant stay by Appellate Court under O.41.R.5 does not affect power of Executing Court to stay sale during pendency of appeal - Stay granted by..........
Civil Procedure Code, 1908, Order 21, Rule 91 -- Auction sale - Purchase money - Return of - Where auction purchaser purchased property and deposited 1/4th bid amount, he is entitled to refund of money when Court itself has declared that J.D. has no saleable interest in property in question - Where money paid by purchaser is still in deposit with Court, Court itself can..........
