Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 90(4) - - Provides for consequences of no, payment of balance of sale price etc. by auction purchaser - Failure of auction purchaser to fulfil his obligation i.e. to pay balance of purchase money - Re-auction of property necessary concomitant...........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 92, 90 - - Court where nullifies auction sale in favour of auction purchaser - Auction purchaser entitled to refund of amount deposited at the time of auction along with interest at the rate of 12% per annum from date of deposit - Auction sale, nullified by Court...........
Package Deal Property -- as applicable to Haryana, R. 11 and 5 - Restricted auction amongst Harijans/Scheduled Castes - Public notice i.e. Ishtihar Nilaam as well as other requirements of Rule 5 complied with - Highest bidder deposited 1/8th as earnest money at the fall of hammer - Settlement Officer (Sales) is the Competent Authority to grant or not to grant approval..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer pendente lite - Doctrine of lis pendens does apply to auction sales' held by the Executing Court of any immovable property of J.D. which was subject of dispute in a pending suit or decree pending execution - For applicability of the doctrine, decree pending execution at time of auction sale must be valid..........
Specific Relief Act, 1963, Section 37, 38 -- Auction of trees by Tehsildar - Sale, subject to confirmation by State Govt. - Plaintiff declared successful bidder - No confirmation order passed - Re-auction proposed - Suit for injunction restraining State from reauctioning the trees - Held, till bid is confirmed State continues to be the owner of trees - Unless ownership..........
Contract Act, 1872, Section 4 -- Auction by trees by Tehsildar - Sale, subject to confirmation by State Government - Even though a duty is cast on the State to reject or confirm the auction within a reasonable time, silence can never be treated as confirmation - Even if State did not act within a reasonable time, an inference of confirmation cannot be drawn...........
Civil Procedure Code, 1908, Order 21, Rule 92 -- Auction sale - Setting aside - Inadequate price - Property put to sale by way of public auction as a result of a Court order ordinarily does not get the market price prevalent at the relevant time - Hence, inadequate price by way of public auction is no reason for setting aside the sale...........
Transfer of Property Act, 1882, Section 51 -- Suit for possession - Plaintiff established title - Plaintiff is entitled to decree for possession - First defendant a top Senior Police Officer got a sale deed and possession of property from second defendant knowing fully that second defendant was in permissive possession from plaintiffs and having no title to property -..........
Civil Procedure Code, 1908, Order 21, Rule 66, 67 -- Proclamation of sale - Sale notified in the village by beat of drums after start of auction - Held, sale is without proper notice and publicity and is therefore illegal having caused great prejudice to the interest of the appellant...........
Civil Procedure Code, 1908, Order 21, Rule 66, 67 -- Proclamation of sale - Sale notified in the village by beat of drums after start of auction - Held, sale is without proper notice and publicity and is therefore illegal having caused great prejudice to the interest of the appellant...........
