Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC should be reckoned from date of sale when property is put in auction...........
Civil Procedure Code, 1908, Section 148, Order 21, Rule 89, Limitation Act, 1963, Section 5 -- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC is 60 days as per Art.127 of Limitation Act - Court has no power to extend time by invoking remedy u/s 148 CPC - Petitioner moved application after delay of 3 days from date of..........
Civil Procedure Code, 1908, Order 21, Rule 89, 64 -- Auction sale - Sale proceeds - Immovable property under auction sale was secured assets of respondent No.2 under Securitization Act, 2002 - Thus, respondent No.2 has valid preferential right to claim sale proceeds for recovery of secured debts - Impugned order directing to make payment of sale proceeds to respondent No.2..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Loan transaction between parties - Agreement for sale in question was executed as a security towards full and final settlement of loan transaction - There was no transaction for agreement of sale in respect of two properties of defendant no.1 - Plaintiff fraudulently refused to..........
Specific Relief Act, 1963, Section 26 -- Rectification of decree - By incorporating boundaries and extent of property agreed to be conveyed - Where property is not described with reference to boundaries at all in suit agreement and only extent is specified, there is no scope for any ambiguity in the identification of property covered by agreement for it to be followed up..........
Companies Act, 1956, Section 397, 398 -- Company Petition - Maintainability - Company petition against act of removing two members of Sanwalka Group from Board of Directors and inducting two others of Gupta Group in their place - As per the clause 18, member whose shares have been forfeited shall not be entitled to claim the sale proceeds of such shares - However, call..........
Court Fees Act, 1870, Section 7(iv)(c), Article 17(iii) -- Court fees - Declaration of sale deeds to be null and void sought without seeking relief of cancellation of sale deeds - Plaintiff not party to the sale deeds - Ad valorem Court fee not required to be paid...........
Assam Rifles Act, 1941, Section 4, Assam Panchayat Act, 1994, Rule 2(f) -- Sales tax concession - Purchase and sale of tea - Tea used as raw material - No tax exemption would be available under the provisions of the Act - None can claim tax exemption in respect of sales tax payable on purchase or sale of tea...........
Assam Rifles Act, 1941, Section 4, Assam Panchayat Act, 1994, Rule 2(f) -- Sales tax concession - Purchase or sale of tea - Blending and packing of tea - Does not amount to manufacturing of tea...........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Suit for declaration of tile - Plea that auction sale is not binding on ground of fraud - Remedy for setting aside sale on ground of irregularity or fraud is by way of filing application U.O.21.R.90, S.47 CPC and not by filing a civil suit...........
