Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Joint property - An undivided share of a co-owner of a property may be subject matter of sale - But a definite piece of joint property cannot be sold in execution sale describing it as share of JD - Purchaser cannot be put into possession of property unless property is partitioned by metes..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Held, Courts should be careful whenever a report of refusal is received and not to order service through local proclamation in a routine manner...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Report of refusal by process server on summons - Defendant ordered to be served through munadi and by beat of drums - Court is required to entrust the job of local proclamation to some other process server other than one who was earlier entrusted to serve the summons and who made a report of refusal...........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Since petitioner did not appear thereafter offence u/s 174-A IPC was registered against him - Issuance on no, bailable warrants - Anticipatory bail - Looking to nature of prosecution against petitioner u/s 138 of NI Act,..........
Criminal Procedure Code, 1973, Section 83, Indian Penal Code, 1860, Section 120B, 174A, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Proclamation - Offence u/ss 120-B, 174-A IPC and Ss.13(1)(d), 13(2) of P.C. Act - Petitioners failed to appear before trial Court despite issuance of no, bailable warrants - No cogent document emerged on record to infer that..........
Indian Penal Code, 1860, Section 174A -- Non-appearance in response to proclamation u/s 82 Cr.P.C. - Petitioner did not put appearance deliberately and were declared absconders - Supplementary charge sheet for commission of offence u/s 174-A IPC filed by investigating agency - Offence u/s 174-A IPC, though independent in nature is an off-shoot of initial charge sheet..........
Civil Procedure Code, 1908, Order 21, Rule 86 -- Auction sale - Default in payment of auction money - Forfeiture - One time settlement executed between parties - Sale by way of auction in favour of auction purchaser set aside and fresh proclamation was ordered - Subsequent auction purchaser already deposited the amount - Forfeiture of 1/4th of entire amount of auction..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 120B -- Second bail application - Dowry death - Husband main accused - Proclamation was issued against petitioner/husband as his presence was not procured in the ordinary course by summoning Court - Earlier bail application of petitioner was dismissed for want of prosecution - Keeping..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) - - Auction sale - Proclamation - Improper fixation of market value of suit property - Such a ground is not available after sale is conducted based upon proclamation of sale...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) - - Auction sale - Proclamation - Executing Court is not required to enter in the sale proclamation estimate of value arrived at by Court itself - As it is required to include the estimate, if any given by either or both of the parties...........
