Any sale by auction or other public procurement methods once already confirmed or concluded ought not to be set-aside or interfered with...

b. The 'Henderson' Principle as a corollary of Constructive Res- Judicata. 135. The 'Henderson Principle' is a foundational ...

  Learned Counsel for the writ Petitioner relying on provisions of Section 111 of the Transfer of Property Act, 1882 contends that leaseh...

  In Manilal Mohanlal Shah and others v. Sardar Sayed Ahmed Sayed Mohamad and others, MANU/SC/0005/1954 : AIR 1954 SC 349, the Apex Court ...

 Reliance has also been placed on Section 18 of the Evidence Act.  In the instant case, there is no admission after parting with the inter...

The challenge is to the jurisdiction of the Civil Court to entertain the civil suit.  It is well established that the jurisdiction of the ...

 We notice, in this case, there was no reference at all to the provisions of Order 21 Rule 89 in the application filed by the Appellant on...

  It is in these circumstances that the High Court had drawn up an Article of charge with regard to commission of contempt by the Appell...

 Therefore before the sale can be set aside merely establishing a material irregularity or fraud will not do. The applicant must go furthe...

 Admittedly, the facts noticed hereinabove were not disclosed to the intending bidders in the E-auction notice dated 01.03.2016.  A bidde...

 Another issue which was debated during the course of hearing of the instant Letters Patent Appeal, is whether forfeiture of the amount d...

In view of this position, the validity or otherwise of the auction sale pursuant to the decree can not be incidentally gone into. No reli...

Looking to the above said facts and circumstances, when, the fraud alleged has not been established, this Court has to consider whether ...

Non-compliance of statutory requirements of publication of possession notice and auction notice in vernacular language rendered the stat...

Considering the facts of the present case in the light of the above principles, in our view, the sale could not have become absolute till...

Admittedly, there are documents like Ext. 2 and Ext. 5 on record to show that the public authorities had issued sale certificate in favou...

Above all, clause 2 of Rule 90, Order XXI CPC requires the J.Dr. to demonstrate the substantial injury sustained by him by reason of any...

Mr. Almeida, learned Counsel for the defendants, contended that in terms of Section 91 of the Evidence Act, oral evidence with respect ...

Be that as it may, we do not find any good reason to interfere in this Special Appeal, as the appellant has not deposited the amount of his...

A sale made, therefore, without notice to the judgment debtor is a nullity since it divests the judgment debtor of his right, title and int...