Civil Procedure Code, 1908, Order 21, Rule 92(1) -- Execution - Auction sale - Confirmation of sale - Sale not to be confirmed pending disposal of any objection - Pendency of application to set aside ex parte decree partakes the nature of an objection - Sale not to be confirmed pending final disposal of application to set aside ex parte decree...........
Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Final decree - Auction sale - Partition suit - Property is indivisible as per shares allotted in preliminary decree - Preliminary decree itself could have been made as a final decree - Trial Court rightly allowed application of plaintiff for conducting auction so as to distribute sale proceeds as per respective shares..........
Motor Vehicles Act, 1988, Section 50, 147, 149 -- Theft of vehicle - Liability of insurance company - Purchase of vehicle in auction by Bank - Certificate of possession issued by bank - Insurer was specifically informed by Bank which held a lien on insurance policy of lifting its lien following termination of agreement of hypothecation - Following this, premium for..........
Specific Relief Act, 1963, Section 20 -- Specific Performance - Auction sale - Plaintiff purchased the plot in auction - He directed to deposit 75% of sale proceeds along with simple interest - Plaintiff deposited the said amount within 15 days in compliance of said direction - Suit of plaintiff rightly decreed by trial Court and affirmed by Appellate Court - Decree in..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 35, Central Excise Act, 1944, Section 11E -- Finance Act, 1994 - Recovery of debts - Recovery of excise dues outstanding against person from auction purchaser - Excise dues is not a liability arising out of land, building or machinery - Excise duty is payable..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85, 86 -- Auction sale - Failure to deposit money required for obtaining stamp duty - Default committed by auction purchaser cannot be excused and set at right by Court by exercising its power u/s 148 or S.151 CPC, as O.21.Rr.84, 85, 86 CPC are mandatory in nature - Execution Court was not legally right in allowing petition..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, 25, 29, 31A, Income Tax Act, 1961, Rule 68B -- Second Sch. - Auction sale - Conducted after lapse of 8 years from issuance of recovery certificate - Rule 68B of Second Sch. to Income Tax Act clearly mandates that no sale of immovable property shall be made after expiry of 3 years from the end..........
Arbitration and Conciliation Act, 1996, Section 7(5), 11 -- Arbitration agreement - Appointment of arbitrator - Coal distribution through e-Auction - Application for appointment of arbitrator dismissed on the ground that disputes relate to different transactions under 2007 Scheme - Individual sale orders emanate out of 2007 Scheme - Arbitration clause in 2007 Scheme would..........
Central Excise Act, 1944, Section 11, Customs Act, 1962, Section 142, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13A -- Customs Attachment Rules, 1995 - Excise duty - Liability - Recovery and auction letter issued by Central Excise Department against petitioner/purchaser - Mere purchase of some of..........
Auction sale -- Lease hold land - Claim of unearned increase - When auction was made on market value of property, there was no question of claim of unearned increase by DDA - DDA held, rightly denied claim of unearned increase...........
