Civil Procedure Code, 1908, Order 21, Rule 84 -- Auction sale - Provision of O.21.R.84 CPC is mandatory - Payment of 25 percent on the date of sale is a sine-qua-non for holding the sale to be legal in the eye of law - If payment of 25 percent is made by cheque, which was encashed on a later date, it would not be considered as payment made at the time of sale...........
Hindu Minority and Guardianship Act, 1956, Section 8, Order 1, Rule 9 -- Sale of minors property by defacto guardian without obtaining permission of Court - On attaining majority minor filing suit against vendee to declare the sale as null and void - Vendor is not a necessary party - In case suit is decreed vendee has a right to claim amount from vendor in a separate suit..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4), Constitution of India, 1950, Article 226 -- Sale by bank by way of auction - Petitioner highest bidder and deposited part of sale price but committed default in the payment of balance price within stipulated time frame - Bank forfeited amount deposited by..........
Punjab Urban Estates (Sale of Sites) Rules, 1965, Rule 2, 4, 5 -- Draw of lots/allocation letter - It does not confer any right to allotment - It is a method, a process to identify the allottee - It is not an allotment by itself...........
Punjab Urban Estates (Sale of Sites) Rules, 1965, Rule 2, 4, 5 -- Draw of lots - Allotment order - Does not become effective unless published - If order passed but not communicated - It does not create any legal right which can be enforced through the court of law...........
Punjab Urban Estates (Sale of Sites) Rules, 1965, Rule 2, 4, 5 -- Draw of lots - Allotment order - Containing stipulation to send acceptance by registered post along with amount of 25% of price within stipulated period - Held, allotment should not be cancelled unless the intention or motive on the part of the allottee in not making due payment is evident - Power of..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Suit for declaration that sale deed executed by defendant No.1 in favour of defendant No.2 is invalid - Held, if non executant of the sale deed under challenge is in possession of the property and sues for declaration that the sale deed is null and void, such plaintiff has..........
Punjab Apartment and Property Regulations, 1995, Section 3, 6, 9, 15, 36, Criminal Procedure Code, 1973, Section 468, 482 -- Quashing of FIR - FIR registered against petitioner for carving out plots in violation of provisions of Act of 1995 - Sale deeds executed between 23.11.1999 and 27.04.2000 - FIR lodged on 11.12.2004 after expiry of limitation of three years - FIR..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Proclamation of sale by public auction in execution of decree - It is mandatory for executing court to determine whether the property, intended to be put on public auction is sufficient to satisfy the decree - Only such part of the land could be ordered to be sold which is sufficient to satisfy the decree - Sale in violation..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Comparative sale transactions of adjacent land - Compensation fixed on the basis of sale transaction between two corporate entities which was on the higher side as compared to other sale transactions - Nothing to show that sale transaction between two corporate entities was..........
