Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Execution - Auction sale - Decree passed against a dead person - Composite application u/s.47 & O.21 R.90 is maintainable only if prayer is for declaring auction sale to be a nullity and in the alternative a prayer is made to set aside sale on the ground of material irregularity in publishing or in conduct of..........
Contract Act, 1872, Section 23 -- Agreement whether opposed to Public Policy or whether its object is unlawful - Two persons agreed to bid jointly but not against each other in public auction - Such agreement is neither opposed to public policy nor its object is unlawful, but only when the intention was neither to peg down price nor to defraud Government to knock out sale..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Court auction - In cases of sale of valuable property court to make its valuation and enter it in the sale proclamation - Order passed in casual manner - Set aside. (1988 Civil Court Cases 27 (S.C.) followed)...........
Civil Procedure Code, 1908, Section 47 -- Object - Auction sale - Judgment debtor has a right to challenge auction sale by filing objections under Section 47 CPC...........
Civil Procedure Code, 1908, Section 144, Order 21, Rule 89, 90, 91 -- Auction sale - Sale confirmed - Subsequent reversal or modification of decree - Restitution - Held, since the auction purchaser the property with knowledge of pendency of appeal as such cannot resist restitution...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Objections to proclamation of sale - Can only be raised before auction sale - Not tenable after sale...........
State Financial Corporations Act, 1951, Section 29 -- Debt - Recovery - Auction sale by Corporation of security valued over Rs.20 lacs for recovery of a very small amount of debt - Auction not proper - Sale set aside and Supreme Court gave direction for restoration of securities to debtor, refund of amount of solatium to auction purchaser and for payment of principal..........
Civil Procedure Code, 1908, Section 146, Order 21, Rule 69 -- The rule is mandatory in nature - Auction sale if adjourned for a period exceeding 30 days a fresh proclamation must be issued - In proper cases, the court may under S.146 order the judgment debtor to pay costs of the adjournment, but cannot refuse to issue a fresh proclamation...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Proclamation - Valuation - in case of proclamation of sale of valuable properties it is desirable that Court makes its valuation and enter it in the sale proclamation - Held, on facts, proclamation of sale relating to valuable property having been prepared in a routine manner, the auction sale effected without..........
Civil Procedure Code, 1908, Order 21, Rule 69, 90 -- Auction sale - adjournment - adjournment note on the bid sheet adjourning the auction on 29.8.1977 to 1.9.1977 - eight persons participated in the auction on 29.8.77 and put their signatures against the respective bids offered by them, then the sale adjourned to 1.9.77 - persons who participated in the bid did not sign..........
