Auction Sale -- Acceptance of bid - Petitioner submitted a bid of about Rs.28 lacs within two months upon the plot being re-auctioned, respondents realized a price of about Rs.46 lacs - Even if realization is not higher, decision cannot be said to be bad only for that reason - Wrong decision on facts is not necessarily an incorrect decision in law - Petition dismissed...........
Transfer of Property Act, 1882, Section 55 -- Auction sale - S.55 of the Act is not attracted to auction which only invited offers for potential purchasers...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Inspection of property after auction - Not permissible particularly, when notice of auction by Court U.O.21.R.66 CPC, does not prescribe any condition for highest bidder being entitled to inspection of documents of title of property auctioned - S.55 of T.P. Act not attracted to auction which only invited..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Application for supply of necessary documents and extension of time to pay remainder 3/4th bid amount - Auction purchaser required certain documents regarding auction for taking loan amount for payment of remainder bid amount - Photocopy of document of title supplied to auction purchaser by trial Court - Yet..........
Auction -- Government property - Change of usage of land from commercial to residential on account of intervening developments - It is a fundamental issue which goes to root of the matter, as very stratum of advertisement has changed, and a fresh tender is mandatory...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for possession and permanent injunction - Grant of decree - Plaintiff claimed ownership on basis of sale certificate - As per perusal of documents, Sale certificate was issued on basis of `restricted auction' and deposition of consideration amount by plaintiff in consonance with provisions of R.6(6)(xiv) of Punjab Package..........
Indian Contract Act, 1872, Section 74 -- Breach of contract - Forfeiture of earnest money - Public auction - Stipulation as to security amount deposited by bidder is liable for forfeiture by State not mentioned in the advertisement - Even contingencies in which such right of forfeiture can be exercised by State not stipulated - State thus have no right to forfeit the..........
Indian Contract Act, 1872, Section 74 -- Public auction - Breach of contract - Non-compliance of four conditions by bidder - Four conditions not accepted by bidder were not the part of public notice, nor they ever communicated to bidders before auction proceedings - Since those four conditions were added unilaterally and communicated to bidder/appellant by respondent no.2..........
Civil Procedure Code, 1908, Section 47, 151 -- Auction sale - Setting aside - Third party objection - Respondent No.1 neither a party to suit nor to the execution petition (EP) - Having participated in the auction unsuccessfully and having kept quite at that time, respondent No.1/third party is estopped from questioning the auction sale of EP schedule property by way of..........
Constitution of India, 1950, Article 32, 142, Mines and Minerals (Development and Regulation) Act, 1957, Section 21(1), 21(5), 23C, Mineral Concession Rules, 1960, Rule 22(5) -- Iron Ore - Illegal mining - Petitioners objected to change from existing pattern of sale of iron ore in State of Karanataka - However, Monitoring Committee whom iron ore is currently being sold by..........
