SALE SET ASIDE - DEPOSITING OF STAMP DUTY .

DEPOSITING OF STAMP DUTY 84. Deposit by purchaser and re-sale on default.—(1) On every sale of immovable property the to be the purchaser shall pay immediately after such declaration a deposit of twenty-five per cent on the amount of his purchase-money to the officer or other person conducting the sale, and in default of such deposit, the property shall forthwith be re-sold.

(2) Where the decree-holder is the purchaser and is entitled to set-off the purchase-money under Rule 72, the Court may dispense with the requirements of this Rule.

ORDER 21 RULE 85. Time for payment in full of purchase money.—The full amount of purchase money payable shall be paid by the purchaser into Court before the Court closes on the fifteenth day from the sale of the property:

Provided that, in calculating the amount to be so paid into Court, the purchaser shall have the advantage of any set-off to which he may be entitled under Rule 72.

86. Procedure In default of payment.—In default of payment within the period mentioned in the last preceding Rule, the deposit may, if the Court thinks fit, after defraying the expenses of the sale, be forfeited to the Government, and the property shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may subsequently be sold.¹ [90. Application to set aside sale on ground of irregularity or fraud.—(1) Where any immovable property has been sold in execution of a decree, the decree-holder, or the purchaser, or any other person entitled to share in a ratable distribution of assets or whose interests are affected by the sale, may apply to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it.

(2) No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such h irregularity or fraud.

(3) No application to set aside a sale under this Rule shall be entertained upon any ground, which the applicant could have taken on or before the date on which the proclamation of sale was drawn up.

Explanation.—The lucre absence of, or defect in, attachment of the property sold shall not, by it be a ground for setting aside a sale under this Rule.]

1. Substituted by Act No. 104 of 1976, for former Rule 10, w.e.f. 1st. February, 1977. THE AUCTION PURCHASER HAS TO DEPOSIT STAMP DUTY AND ALONG WITH FULL AMOUNT OF PURCHASE MONEY WITH IN 15 DAYS. FAILURE OF THE SAME DOES NOT CONSTITUTE AS A MATERIAL IRREGULARITY IN CONDUCTING THE SALE BECAUSE THIS IS AFTER THE SALE PROCEDURE BUT NOT AT THE TIME OF /OR BEFORE SALE. 2010 [6] ALT 135

police protection - injunction cases

No police protection shall be given in implementation of injunction orders as the police have no role in civil adjudication when order of injunction is alleged to have been vilated, application seeking police protection would not lie . aggrieved pary has to file EP under or. 21 rule 32 or an application under or. 39, rule 2 A seeking attachment of property and or arrest of vilator for contempt of court . WHERE AN APPLICATION IS MADE UNDER SEC. 94 [C] 94. Supplemental proceedings.— In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed.—

(a) Issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the prison;

(b) Direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) Grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

(d) Appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) Make such other interlocutory orders as may appear to the Court to be just and convenient. AND SEC. 151 CPC ALLEGING A THREAT OF BREACH, DISOBEDIENCE OR VIOLATION OF AN ORDER OF INTERIM OR TEMPORARY INJUNCTION, THE COURT HAS POWER TO ORDER POLICE PROTECTION, SUBJECT TO PROOF, IMPOSING NECESSARY CONDITIONS NOT TO INTERFERE WITH LIFE AND LIBERTY RIGHTS OF THE OPPOSITE PARTY-STANDARD OF PROOF IN SUCH CASE SHOULD BE VERY HIGH- CIVIL COURT CANNOT IN ALL CASES GRANT AN ORDER DIRECTING POLICE TO GIVE PROTECTION TO SAFEGUARD THE PROPERTY WHICH IS SUBJECT MATTER OF SUIT ==2010 [6] ALT 92.

SPECIFIC PERFORMANCE - 28 OF SPECIFIC RELIEF ACT

WHEN A DECREE IS PASSED WITH A DIRECTION TO PAY THE BALANCE AMOUNT TO THE JDR WITHIN ONE MONTH AND TO OBTAIN REG. SALE DEED AND ON HIS REFUSAL DEPOSIT THE SAME INTO COURT., THE FAILURE OF DHR TO PAY THE SAME TO THE JDR OR TO DEPOSIT THE SAME INTO COURT NOR ASKING FOR EXTENSION OF TIME - DEBAR HIM FROM EXECUTING THE DECREE FOR OBTAINING REGISTERED DEED ETC., THROUGH COURT. BUT HE IS AT LIBERTY TO RECOVER THE ALREADY PAID AMOUNT FROM THE JDR ===2010[6] ALT 197.

MERE DEMAND ?

mere demand for money for purchasing tractor and bull etc., without any harassment or coercion, cannot be considered as cruelty as per explanations of sec. 498A IPC . so no conviction is required. - 2009 [2] A L D Cri. AP 700.

dowry harassment place of resident - territorial jurisdiction

after the marriage, the parents of wife, came to Andhra Pradesh and settled. after one year of the marriage, she was forced to come out of the matrimonial house by the husband from Uatter Pradesh. all the allegations said to be occurred were happens in the U.P. state but not at A.P. where she is now residing , unless the case falls under sec. 178 Cr.P.C. JURISDICTION OF THE CRIMINAL COURTS IN

INQUIRIES AND TRIALS

177. Ordinary place of inquiry and trial.— Every offence shall ordinary be inquired into and tried by a Court within whose local jurisdiction it was committed.

178. Place of inquiry or trial.— (a) When it is uncertain in which of several local areas an offence was committed, or

(b) Where an offence is committed partly in one local area and party in another, or

(c) Where an offence is a continuing one, and continues to be committed in more local area has one, or

(d) Where it consists of several acts done in different local areas, It may be inquired to or tried by a Court having jurisdiction over any of such local areas. the court at sangareddy , would got jurisdiction. since there is no pleadings as per sec.178, the sangareddy court has no territorial jurisdiction. ---2009 [2] ALD Cri. A.P. 349.