Civil Procedure Code, 1908, Section 151, Order 21, Rule 90 -- Auction sale - Setting aside - Proper publicity was given for auction sale in papers so also with the aid of beat of drums in locality - Details of valuation of property were duly mentioned - JD did not adduce any evidence nor brought any bidder to purchase the property for a higher price than purchase bid..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 506, 120B -- Cheating - Quashing of proceedings - Allegation that co-sharer executed sale deed in favour of petitioner in excess of his share - As per material on record no fraud or deception has been caused by petitioner or co accused on informant - Dispute is purely of civil..........
Constitution of India, 1950, Article 226, Maintainability of Public Interest Litigation Rules, 2010, Rule 2, 7 -- Public interest litigation - Locus standi - In the instant case, petitioner has not specifically mentioned as to what he is doing for living except that he is carrying on business of sale of tile and sanitary wares - Even, requirement for invoking PIL..........
Agreement to sell -- Specific performance - Clean hands - Suppression of material facts - Merely because plaintiff paid the entire sale consideration and also cleared the loan amount payable to Bank, that itself cannot be a ground to grant equitable relief to plaintiff, particularly when she suppressed the material facts from Court...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with a condition to repurchase - Nature of document - Document in question is a mortgage with conditional sale for the following reasons: (i) plaintiff was owner of suit land; (ii) transaction is concluded in one document; (iii) document styled as a `Deed of conditional sale'; (iv) it..........
Indian Contract Act, 1872, Section 65 -- Sale - Once the sale is declared bad, transaction of sale fails and therefore, seller has no right to retain the sale consideration to himself and has to refund the sale consideration to buyer...........
Indian Penal Code, 1860, Section 406, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Owner of property refusing to execute sale deed and at the same time refusing to refund the amount so received by him - It cannot be said that allegations are predominantly of civil in nature - Criminal intent on the part of accused is involved in the case...........
Partnership Act, 1932, Section 69 -- U, registered partnership firm - Sale by one partner of property belonging to firm without consent of other partners - Other partners seeking cancellation of sale - Basis of suit whether co-ownership or factum of partnership - Clause 25(d) of the Partnership deed states that "no partner of the firm shall without the consent in writing..........
Stamp Act, 1899, Section 47A, 33(5) -- Second proviso (As in U.P.) - Sale deed - Proceedings for deficiency of stamp - Limitation to initiate the proceedings is 4 years as per Ss.47-A, 33(5) of the Act - However, maximum period is 8 years during which State Government can give permission for initiation of proceeding in the matter - In the instant case, 8 years period..........
Specific Relief Act, 1963, Section 31, Wakf Act, 1995, Section 5, 6, 40 -- Suit for cancellation of sale deed - On ground that property belongs to Wakf - Property in question never notified as Wakf property in official gazette - No objection raised by any person or Wakf Board for non-inclusion in list - Lapse of 50 years from date of gazette notification - Plaint not..........
