Partnership Act, 1932, Section 14 -- Property of firm - One partner purchasing property in Court auction - He had interest in said property by virtue of Court sale and he became owner thereof - Such property brought in hotchpotch of partnership in terms of registered partnership deed - Said partner and other partners supplying necessary amount for purchasing said property..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Mere inadequacy of price is not a ground to set aside auction sale - However if there is material irregularity in conducting the sale leading to substantial injury to J.D. then sale has to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Article 127 -- Auction sale - Setting aside - Limitation - Notice not given to J.D. for drawing up sale proclamation - Sale is a nullity - There is no question of 60 days limitation in making application for setting aside sale...........
Civil Procedure Code, 1908, Order 21, Rule 77 -- Auction sale - Property of Company attached towards recovery of arrears of Employees Provided Fund - Order of auction - Notice Published - Petitioner defaulter itself agreed for sale of property - Petitioner never filed objections - Bank, one of the creditors claiming first charge over said property also did not file..........
Civil Procedure Code, 1908, Order 21, Rule 94 -- Auction sale - Sale certificate - Can be issued only in favour of a person who was the purchaser in Court auction - Neither transfer nor assignment by purchaser in favour of other petitioners - Nothing to show that participation by purchaser was on behalf of other petitioners also - Theory put forward after confirmation of..........
Civil Procedure Code, 1908, Order 21, Rule 84 -- Provision is mandatory - Officer conducting auction at spot has to issue a certificate that he accepts the final bid made by such and such person - There is no sale if no such certificate has been issued by him...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction - Setting aside - An application to set aside sale on the ground of material irregularity or fraud in publishing or conducting sale is maintainable - Where fraud was perpetrated, length or time would not be admitted to refuse relief...........
Civil Procedure Code, 1908, Order 21, Rule 89, 90 -- Auction sale - Setting aside - Objections to attachment and proclamation of sale can be raised after sale is conducted if J.D. had no notice of attachment or the factum of the proposed sale...........
Civil Procedure Code, 1908, Order 21, Rule 65 -- Sale ordered to be conducted by SDO(C) so that the land could fetch more - However, auction not conducted by SDO(C) - Held, land could have fetched more if it had been sold by SDO(C)...........
Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Article 127 -- As amended in 1974 - Auction sale - Setting aside on deposit - Limitation is 60 days as prescribed under Art.127 Limitation Act (Amended in 1974) and not 30 days as prescribed under Order 21.R.92(2) CPC...........
