Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Failure to fix upset price - Shall be one of the grounds to vitiate sale and JDs can rely on same to set aside sale U.O.21.R.90 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 54, 64, 66 -- Auction sale - Method of sale - Upset or reserve price is a usual and conventional practice, setting out bench mark from or above which bid should be offered - It is thus, lowest or minimum sale price of property in an auction fixed by executing Court - Upset price shall be determined upon an objective consideration..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Irregularity in sale - Four bidders present but bid was offered by only three bidders, who participated in auction - The way in which bid went on as per bid list, is a clear indication that there was a farce as an auction - It did not reflect any competitive bidding among bidders - Sale so..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101, West Bengal Premises Tenancy act, 1956, Section 13 -- Eviction order - Execution of - Objection by vendee - Suit property originally leased to partnership firm - Eviction order passed against partnership firm - Vendee purchased business of firm with all its assets and liabilities after eviction order -..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution proceedings - Issuance of warrants - Suit for Recovery of maintenance - Challenging legality of orders - Warrants of imprisonment were executed without effective show cause and hearing - Therefore, these orders were ex-parte and were pronounced in defiance of the..........
Civil Procedure Code, 1908, Order 21, Rule 35, 97 -- Execution - Warrant of possession - By breaking open the locks with police assistance - Time for execution of warrant was till 21.03.2020 - However, bailiff on 24.02.2020 broke open the locks without police assistance - Bailiff acted in due haste, possibly apprehending that an interim order may be passed by Court in a..........
Civil Procedure Code, 1908, Order 21, Rule 35(3) -- Execution - Decree for possession - Suit property is identifiable - Warrant of possession for a decree for possession can only be executed through Bailiff of Court and not through Revenue Agency...........
Civil Procedure Code, 1908, Order 21, Rule 35(3) -- Execution - Decree for possession - Obstruction by JDs - JDs locked structure by denying access and obstructed delivery of possession - DH can seek execution of warrant by breaking open of locks through Bailiff of Court...........
Civil Procedure Code, 1908, Order 21, Rule 17(1A) -- Execution - Money decree - Decree provided that plaintiff is entitled to consequent relief of realizing his withheld amount of Re-investment plan (RIP) of Rs.51097 - Entire controversy hinges in respect of said direction made in decree - Whether realization of withheld amount of RIP of Rs.51097 would mean merely a sum of..........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Execution - Suit dismissed as withdrawn - Execution proceedings cannot be initiated in absence of a decree or executable order - Execution proceedings and all subsequent proceedings on the basis of said execution proceedings are illegal, null and void...........
