Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Execution sale - Application to set aside sale - Not pressed - Effect of - Held, as per R.92 unless an application made u/r 89 or 90 or 91 is disallowed, Court shall not make an order confirming the sale - Said rule nowhere mentions the fate of an application which has not been pressed - Hence, Court has to first decide..........
Haryana Urban Development Authority Act, 1977, Section 51(4) -- Auction sale - Rejection of bid by Administrator - Administrator, HUDA, not competent to take decision - Plaintiff filed suit raising challenge against rejection order not passed by competent authority and by way of consequential relief, sought direction to HUDA to issue letter of allotment to him - Held,..........
Haryana Urban Development Authority Act, 1977, Section 51(4) -- Auction sale - It is only the Chief Administrator who can accept or reject the bid - Rejection of bid by Administrator - Administrator not competent to take decision - No notification had been issued by State Government delegating the powers of Chief Administrator to any other Authority or officer, as..........
Civil Procedure Code, 1908, Order 21, Rule 90, Karnataka Land Revenue Act, 1964, Section 171 -- Auction sale - Setting aside of - Predecessors of petitioner were in arrears of land revenue - No public participated in auction and Tahsildar purchased property in favour of Govt. and sale deed got confirmed - Land allotted to several persons and rights of third parties have..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Determination of market value - Open market sale and auction sale - Open market sale of comparable land in the neighbourhood on the date of preliminary notification is preferred than auction sale transactions - However, when an open auction sale is the only comparable sale transaction and proximity..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - No time limit is prescribed for Court to confirm the sale...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Proclamation - Shall include the estimate, if any, given by either or both the parties...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92(2) -- Auction sale - Property put to auction sale in execution of a money decree - J.D. can seek annulment of sale, by making deposit of decretal amount mentioned in the sale proclamation and a sum equal to 5% of the purchase money, payable to the auction purchaser - Limitation for such deposit is 60 days from the date of..........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Auction sale - Execution of decree for mortgage - J.D. in a mortgage suit can seek annulment of sale by depositing the amounts as stipulated in O.34.R.5 CPC at any stage before confirmation of sale...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment of property - Objection - Sale deed of plot in question was executed in favour of petitioner - Before execution of sale deed, mother of plot owner filed suit for maintenance against her sons and sought charge upon agricultural land of sons which consisted of several plots - Ex parte decree passed in her favour and..........