Civil Procedure Code, 1908, Order 21, Rule 66 -- Decree - Execution of - Sale of mortgaged property - Official Receiver - Impleadment of - Proper - Official Receiver required to be aware of about the proceed of property - Interest of secured creditor to be taken care of by the Official Receiver...........
Civil Procedure Code, 1908, Order 21, Rule 89, 90 -- Money suit - Decreed exparte - Execution - Property of JD attached and sold for decreetal amount only - Value of property much higher than the sale proceeds - At the time of sale even identity of property not known - Sale not without suspicion - Judgement debtor ready to deposit decreetal amount - Sale ordered to be set..........
Rent and Eviction -- Relationship of landlord and tenant - Agreement to sell between landlord and tenant - Entire consideration amount paid - Relationship of landlord and tenant ceased to exist - Subsequent vendee does not acquire landlord and tenant relationship as no such relationship existed between erstwhile owner and tenant on the date of sale of property - Eviction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Against sale of mortgaged property - Plea of plaintiff that he was owner of half of property mortgaged by co-owner - Record showing that plaintiff had executed Relinquishment deed in respect of his share of property in favour of co-owner - Plaintiffs attempt to seek injunction restraining bank from..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Housing - Flat allotment - Possession taken in 1992 - Complaint filed in the year 2003 - Plea by OP complaint barred by time repelled - Cause of action arose in February 2000 when OP admitted deficiency in service and promised to rectify the same - Cause of action is a continuous one and still subsisting - Latest..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of ownership and permanent injunction for restraining defendants from dispossessing them forcibly - Suit filed on the basis of title on the basis of sale-deeds - Held that plaintiffs were not required to pay any ad valorem court fee - Order rejecting plaint for no, payment of ad..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Question of title - Ejectment from area unauthorisedly occupied - Contention that question of title not decided by Courts below as provided under the proviso to Section 7 of the Act - Title claimed on the basis of sale deed - No specific plea in reply filed regarding title - Vendor's title also not clear -..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution proceedings - Attached property - Order of public sale - Confirmed by Division Bench of High Court - Sale ordered accordingly - Challenge - Plea of sold at lesser price - Could have fetched more price - Plea not taken before High Court - Not even raised at the earliest - Hit by principles of constructive..........
Hindu Minority and Guardianship Act, 1956, Section 8, 6, 2, Guardians and Wards Act, 1890, Section 7 -- Minor's property - Sale - Permission - Sought by mother - Provisions of Hindu Minority and Guardianship Act are in addition to provisions of Guardians and Wards Act - As per S.6 of Hindu Minority and Guardianship Act father is the natural guardian and after father,..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor's property - Sale - Permission for sale - Court shall not grant permission except in case of necessity or for an evident advantage to the minor...........
