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...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Sale proclamation - Valuation of property - Both D.H. and J.D. are entitled to estimate the value of property - However Court can confirm the sale if the property fetches less than the estimated value of the property given in proclamation - Estimate of value only gives a rough idea to the intending purchasers before..........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - Mere inadequacy of price is not a ground for setting aside the Court sale...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Setting aside - D.H. and auction purchaser related to each other - Sale cannot be set aside unless J.D. establishes that property was sold for a low price and that he suffered substantial injury thereby - Property sold at a price higher than the value fixed by Court - There is competitive bidding - Two more..........
Contract Act, 1872, Section 2 -- Plot - Auction sale - Earnest money deposited but balance amount not deposited in time - Delayed payment and interest on delayed payment accepted - Cancellation of allotment - Held, the moment delayed payments were accepted there was deemed extension of time and thus there can be no cancellation of allotment...........
Plot -- Allotment - Change in terms of policy - Estoppel - Once the authorities have invited applications from a category of persons for an exclusive allotment on a fixed price and made allotment on receipt of consideration in the terms of that policy, subsequent change in policy to allot by open auction will not affect the allotments finalised under the existing terms of..........
Civil Procedure Code, 1908, Order 21, Rule 76, 79(3), 80 -- Execution - Sale of shares - Restriction on transfer by Articles of Company - Held, Court sale of such shares does not have effect of removing restriction - Company is well within its right to refuse to register transfer of shares in favour of auction purchaser...........
Civil Procedure Code, 1908, Order 21, Rule 84 -- Auction sale - Auction purchaser has to deposit 25% of purchase money immediately - Sale to be continued on failure to deposit this amount - Period to deposit cannot be extended - Failure to deposit renders sale a complete nullity and confirmation thereof and issuance of sale certificate has no effect...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Material irregularity or fraud in publishing or conducting sale - Burden of proof is on J.D. to show that substantial injury resulted due to irregularities and fraud - Failure to discharge burden entails dismissal of application...........
Plot -- Auction - 25% amount to be deposited within 30 days and then possession to be delivered within 30 days - 25% auction amount deposited - Possession not given for three years because of existence of peepal tree and high tension wires - Resumption of plot for non payment of instalments - Held, instalments become due after expiry of one year from date of delivery of..........
