Civil Procedure Code, 1908, Order 21, Rule 84 -- Execution of money decree - Auction sale - Highest bidder failed to deposit 25% of the amount - Property re-sold on the same day - Fresh proclamation not issued - Held, once the highest bidder failed to deposit 25% of the amount, court was justified in re-selling the property on the same day without issuing any fresh..........
Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Women's Right to Property Act, 1937, Section 3, 14 - - Partition - Suit land was owned and possessed by father of plaintiff who died leaving behind four widows including defendant - Defendant in view of provision of 1937 Act entitled to claim partition of 1/4 share - Having got decree of 1/4th share, she acquired title..........
Registration Act, 1908, Section 17(2)(v) -- Proviso, Article 47 of Schedule 1-A, Transfer of Property Act, 1882, Section 54 - Agreement to sell - Unregistered - Admissibility in evidence - Plea that document is compulsorily registrable as entire sale consideration paid and possession also delivered - Recitals in agreement whereby vendor undertook to execute another..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 10 -- Execution of decree - Arrest and attachment before judgment - Agreement of sale executed prior to order of attachment before judgment - Decree for specific performance in favour of appellant passed in year 2006 - This Court cannot go into validity of proceedings of decree of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Impleading at the stage of final decree - Transferee pendente lite - Sale deed executed in defiance of injunction order - Impugned order rejecting application set aside - Impleadment application allowed...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Money of parties when entrusted to receiver he should deal with it as per directions of Court - A Receiver cannot assume that unless Court directs, he need not submit accounts or that he need not account for the amounts lying with him - Unauthorised payment by receiver amount to gross negligence or wilful default..........
Transfer of Property Act, 1882, Section 48 -- Sale deed - Two sale deeds by the same vendor - S.48 of the Act ordains to accept supremacy of the former sale deed in all the terms than the later - Transferor cannot prejudice the rights of transferee by any subsequent dealing with the property...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Land owner relied on sale deed registered quite close to notification under Section 4 of the Act - Held, sale deed cannot be relied upon as it was registered by one of the persons, whose land was to be acquired merely 13 days thereafter - Effort was to create evidence as the vendor was interested party - Both,..........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Whatever benefit accrues to the claimants from the record produced and proved by the respondents, cannot be denied to them just because they have not produced evidence by way of sale instances...........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Whatever benefit accrues to the claimants from the record produced and proved by the respondents, cannot be denied to them just because they have not produced evidence by way of sale instances...........
