Partition Act, 1893, Section 3 -- Partition - Sale of property within shareholders - A shareholder is not debarred from taking part in auction inter alia on the premise that the shareholder may be interested in keeping the property to himself - A balance must be struck in regard to the individual interest of the shareholder having regard to the conflicting interest in the..........
Partition Act, 1893, Section 2, 3 -- Partition - Sale of property - Valuation of property is necessary - Once the provisions of Partition Act are applicable then keeping in view the legal principles attracting construction of Ss.2 & 3 thereof, no deviation, is permissible...........
Partition Act, 1893, Section 2, 3 -- Partition - Sale of property amongst co-sharers - Held, provisions of partition Act are applicable even when sale is amongst co-sharers...........
Partition Act, 1893, Section 6, Civil Procedure Code, 1908, Order 21, Rule 72-A -- Partition - Sale without fixing reserve price is impermissible...........
Partition Act, 1893, Section 6, Civil Procedure Code, 1908, Order 26, Rule 18 -- Partition - Sale - Notice of bidding should be issued to all parties...........
Land Acquisition Act, 1894, Section 18, 23, 4, 6, 11 -- Land acquisition - Compensation - Market value - Burden of proof - Burden of proving the true market value of acquired property is on the State that has acquired it for a particular purpose - Wherein State produced only a valuers report of a government engineer to substantiate its claim of market value and claimant..........
Indian Penal Code, 1860, Section 120B, 466, 468, 471, 420, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Offence u/ss 120B, 466, 468, 471, 420 IPC - Accused person allegedly cheated complainant by forging encumbrance certificate and impersonating as original owners executed fake sale deed - Considering the facts and gravity of matter, order..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Sale - Property of company - A shareholder has no locus standi to apply for setting aside sale of property of the company on ground of material irregularity or fraud...........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 92 -- Sale - Price is the essence of a contract of sale - Payment of entire price is not a condition precedent for completion of sale - If the intention of parties was that title should pass on execution and registration, title would pass to the purchaser even if the sale price or part thereof is not..........
Transfer of Property Act, 1882, Section 54 -- Sale - Part payment made - Vendor executing sale deed duly signed - Sale deed presented for registration - Vendor refused to sign the endorsement on the sale deed on the ground that he has not received the balance amount of consideration - Registrar registering sale deed - Held, title does not pass on registration of sale deed..........
