Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary mandatory injunction for restoration of electricity connection - Plea of outstanding dues - Property purchased in auction - In sale certificate no encumbrance was shown - Injunction rightly granted in favour of plaintiff...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner though is a registered owner of vehicle but he failed to pay the loan taken for purchase of vehicle - As a consequence vehicle was put to auction and was purchased by respondent through auction after completing due formalities and making all outstanding due amount towards loan of vehicle -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Release of seized vehicle - S.52-A of the Act deals with interim release of vehicle and does not prejudice right of parties regarding vehicle in question - Respondent shall be at liberty to raise all their issues when Ss.60, 61, 62, 63 of NDPS Act come into operation finally in litigation in question -..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Auction sale - Confirmation - Merely on the basis of participation in public auction, there was no vested right with plaintiff to claim decree for mandatory injunction - Suit for mandatory injunction is not maintainable...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for mandatory injunction - Auction sale - Confirmation - Suit filed more than 12 years after auction was conducted - Suit has to be filed within 3 years of auction being conducted in terms of Art.54 of Schedule to Limitation Act - Suit for injunction filed beyond the period of limitation is barred by limitation...........
Civil Procedure Code, 1908, Order 21, Rule 90, 54 -- Auction sale - Setting aside - Sale without valid attachment - Not void...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Mere fact that property was sold for a comparatively low price alone cannot be a reason to set aside sale...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - Sale of both items of property without considering whether sale of one of items would have been sufficient to satisfy decree, is bad in law and liable to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - It is obligation of Court to ensure that only such portion of property which is sufficient to meet the claim in execution petition alone is sold - Words `necessary to satisfy decree' in O.21.R.64 CPC indicate that no sale can be allowed beyond decretal amount mentioned in sale proclamation..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Where copy of draft proclamation schedule is received and an opportunity is availed to file objections, appellant cannot contend that no notice as provided U.O.21.R.66(2) CPC was given to him...........
