Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Law as to: (i) O.21.Rr.84, 85 CPC are mandatory; deposit of one-fourth immediately and balance within fifteen days are pre-conditions to any valid confirmation; (ii) non-compliance with those provisions ordinarily renders the sale a nullity and triggers O.21.R.86 CPC consequences; (iii) subsequent..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Where a sale is void because of breach of mandatory auction provisions, S.47 CPC is an appropriate vehicle to impugn execution proceedings, more particularly where failure is intrinsic and affects the very competence of executing Court to cause transfer of possession or make an absolute sale...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner is registered owner of vehicle which is lying in possession of police since long - Condition of vehicle must be deteriorating - Vehicle released in favour of petitioner on superdaginama/surety bond...........
Evidence Act, 1872, Section 102 -- Burden of proof - In a suit for declaration of title, recovery of possession and mandatory injunction, entire burden lies on plaintiff to prove his valid right and title and also title of his vendor...........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration of title, recovery of possession and mandatory injunction - Advocate Commissioner visited the suit schedule property with Mandal Surveyor in the presence of both the parties and their counsels and Advocate Commissioner executed the warrant - Plaintiff not even identified his property in the presence of..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Mortgagor had failed to redeem property for more than 30 years - Plaintiff/mortgagees filed suit for declaration that they have become owner in possession of suit land by prescription of time - Once a mortgage always a mortgage and there would be no period for redemption for the same - Suit which was for..........
Agreement to sell -- Specific performance - Defendants contended that agreement to sell is a fabricated document - However, they failed to appear and adduce evidence before trial Court and state their case on oath and offer themselves for cross examination by other side - Presumption rightly drawn against them that case set up by defendants is incorrect - Possession of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Not filed within time - Suit for possession by way of specific performance as well as permanent injunction - Keeping in view nature of suit and the fact that in case defendant is not permitted to file his written statement, great injustice would be occasioned to him - One opportunity is thus, granted to..........
Indian Penal Code, 1860, Section 420, 406, 395, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute pertaining to sale of motor vehicle by complainant to appellants and non-payment of remainder amount - Dispute is of civil in nature - Continuation of a dispute pertaining to payment of money and handing over of possession of motor vehicle, would be an..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
