Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Objection U.O.21.R.90 CPC confined to material irregularity or fraud or publishing or conducting the sale - Mere fact that no opportunity was granted to appellants on the point of market value in view of O.21.R.90(3) CPC and any other objection beyond the scope of O.21.R.90(1), (2)..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Material irregularity - Mere mentioning of year 2022 in place of 2023 regarding auction, when the publication itself was made in the newspaper in the year 2023, there was no question of public misunderstanding the date of auction as 2022 and as such it is not a material irregularity..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506, 90 -- Rape - Consent obtained under misconception of fact - Relationship between parties was existing for a long period of 10 years - However, prosecutrix never realized that accused was exploiting her by developing physical relation with her continuously - Consent in such case cannot be considered to be a consent..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506, 90 -- Rape - Consent obtained under misconception of fact - Failure to keep promise made with respect to a future uncertain date, due to reasons that are not very clear from the evidence available, does not always amount to misconception of fact...........
Indian Penal Code, 1860, Section 417, 90 -- Sexual relationship - Refusal to marry - Sexual relationship was not in misconception of fact with regard to promise of marriage - Consent not based on fraudulent misrepresentation of marriage - In the absence of evidence to prove that prosecutrix had consented for physical relationship on a misconception of fact, mere refusal to..........
Evidence Act, 1872, Section 90, 110 -- Sale deed - When the execution of sale deed was not disputed and when contents of original sale deed was proved by production of certified copy there was absolutely no reason to look for the application of Ss.90, 110 of Evidence Act...........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Execution - Auction sale - Setting aside - If there is non-compliance of mandatory provision of O.21.R.64 CPC, it cannot be said that failure of JD to question proclamation then and there would disentitle him from raising that question at post sale stage...........
Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, Evidence Act, 1872, Section 90, Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Categorical findings recorded by trial Court that plaintiffs were able to establish their ownership over subject property, as same was purchased by..........
Indian Penal Code, 1860, Section 376(1), 90 -- Rape of married woman - Consent - Prosecutrix was a married woman having her husband and children - She was fully aware of fact that accused was also a married man - Prosecutrix having sexual relationship with accused on many occasions - She stayed with accused in a room in a hotel - Consent given by prosecutrix is not under..........
Evidence Act, 1872, Section 90 -- Will 30 years old - Will being more than 30 years old is not in dispute and same has been placed on record by plaintiff in whose custody it ought to have been - Presumption u/s 90 Evidence Act was most plausible recourse and the same was rightly adopted by both the Courts below...........
