Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Purchaser of property sold during pendency of suit would be bound by decree irrespective of the fact whether he was later on impleaded as a party or not - However, he cannot claim that he is a necessary party in the pending suit...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale of property - Only such portion of property as would satisfy decree is to be sold and not the entire property - Court's power to auction any property or part thereof is not just a discretion but an obligation imposed on the Court and the sale held without examining this aspect and not in conformity with this..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Second bail application - Accused is having requisite certificate and drug license to run medical store which is not disputed - He has not disposed of or sold even a single bottle of drug in question, which he purchased through bills -..........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Interim compensation - Recovery of - Recourse can be taken to S.421 Cr.P.C for recovery of interim compensation - For recovery of interim compensation, immovable or movable property of accused can be sold by Collector...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property of father - Specific condition was incorporated in transfer deed that petitioner/son will have to provide all basic amenities and fulfill the necessary needs of transferor and in case of not doing so, transferor would be entitled to take back the property..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and possession - Property was recorded in the name of two brothers and one brother sold his part of property to plaintiff - Defendants based on sale deeds executed by other brother to them dispossessed plaintiffs - Even, defendants are not certain as to which part of suit property was..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant denied the execution of agreement - However, plaintiff has duly proved the agreement - Neither averment in written statement that plaintiff was not ready and willing to perform his part of contract nor there was any suggestion to that effect in the cross-examination of plaintiff - Plaintiff..........
Insolvency and Bankruptcy Code, 2016, Section 9, 33 -- Corporate Insolvency Resolution process (CIRP) - Liquidation proceedings - Properties sold in auction before declaration of moratorium cannot be treated as liquidation assets of Corporate debtor for the purpose of steps to be taken in liquidation proceeding...........
Insolvency and Bankruptcy Code, 2016, Section 9, 33 -- Corporate Insolvency Resolution process (CIRP) - Liquidation proceedings - Properties sold in auction before declaration of moratorium cannot be treated as liquidation assets of Corporate debtor for the purpose of steps to be taken in liquidation proceeding...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Essential Commodities Act, 1955, Section 3, 7 -- Quashing of FIR - Cheating - Allegation that hydrocarbon mixture was found in the seized tanker which was being sold by accused representing it to be petrol or diesel - However, samples were sent more than two years back for testing but a..........
