Under what circumstances sale may be set aside?

A judgment-debtor can ask for setting aside a sale in execution of a decree under section 47 C.P.C. and, in special circumstances which attract the provisions of Order XXI rule 90 he may also apply to the court to set aside the sale on the ground of material irregularity or fraud in publishing or conducting the sale …

How and under what grounds can an auction sale held in execution of a certificate be set aside?

A sale of immovable property in execution can be set aside also on the ground of material irregularity or fraud in publishing or conducting the sale, provided the applicant proves that he has sustained substantial injury by reason of such irregularity or fraud.

What is the consequences of notice under section 7 of the Public Demands Recovery Act on the movable property?

On the service of notice under section 7 the consequences following from it are first: any private transfer of any immovable property in the district where certificate is filed is void, and secondly, the certificate dues become a charge upon the immovable property of certificate-debtor throughout the country.

What are the objects of passing the Public Demand Recovery Act 1913?

The Public Demands Recovery Act (No-3 of) 1913, provides the speedier and easier procedure in the matter of realization of various kinds of dues, which are basically undisputed in nature such as: fines, fees, rents, rates, land revenue and charges payable to the government, local authorities and court of wards.

How do you execute a Court order?

A court may order for execution of decree on the application of decree holder (a) by delivery of any property which was in possession of judgment-debtor and decree has been specifically passed concerning such property (b) by attachment and sell of the property of the judgment-debtor (c) by arrest and detention (d) by …

How do you transfer a movable property?

Movable Property- Mere delivery with intention to transfer the movable property completes the transfer.
Immovable Property- Mere delivery does not sufficient for a valid transfer. The property must be registered in the name of the transferee.

Which property is exempt from attachment and sale in execution of decree?

agricultural produce
Section 61 grants partial exemption to agricultural produce- The state Government may by general or special order published in the Official Gazette declare any piece of agricultural land for the purpose until next harvest season for the due cultivation of land and support of the Judgement-debtor and his family, exempt …

What do you mean by public demand?

Public Demand means any money payable to or any liability (inclusive of interest) which is claimed as due from any person by the State Government or a Department or any Corporation or Company or the State Bank of Sikkim or any Local Authority, under any law for the time being in force or under a written agreement with …

Who is certificate debtor?

“Certificate-debtor” means the person named as debtor in a certificate filed under this Act, and includes any person whose name is substituted or added as debtor by the Certificate-officer.

How can a decree be executed?

Courts which can execute decrees Section 38 of the Code states that a decree can be executed either by the Court of the first instance or by the Court to which it has been sent for execution.

Can a sale of property in execution be set aside?

A sale of property in execution can be set aside on the ground of material irregularity or fraud in publishing or conducting the sale, causing substantial injury to the party. The term material irregularity refers to an irregularity on the part of the court or its offices in the procedure to be followed before the property is put up for sale.

Can a sale be set aside on grounds of fraud?

DH, purchaser or any other person having interest in the distribution of proceeds from the sale may apply for setting aside the sale on grounds of fraud or material irregularity in publishing or conducting the auction, provided injury sustained is substantial.

Can a sale of a moveable property be set aside?

Sale of moveable property cannot be set aside Sale of a moveable property cannot be set aside on the ground of irregularity in publishing or conducting the sale. If there is substantial injury the person causing irregularity can be sued for compensation by the other person. Sale of immoveable property

How does sale as execution of movable property work?

Rule 64.”Any Court executing a decree may order that any property attached by it and liable to sale, or such portion thereof as may seem necessary to satisfy the decree shall be sold, and the proceeds of sale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same.”

How is a decree of sale of immovable property executed?

However, the court may transfer the same for execution to any other court directly, even if it is situated outside the State. This could be for various reasons such as the immovable property to be sold falls under the territorial jurisdiction of that court etc.