Court : Mumbai
Reported in : (1932)34BOMLR117
..... not similar to that of persons who have in their favour merely an agreement to sell, and in whose favour no charge is created by a mere contract for sale: transfer of property act, section 54 (last paragraph). nor is this a case arising out of ineffectual methods of obtaining a charge, methods rendered ineffectual either by section 51 of the same ..... governing this point in qurban ali v. ashraf ali i.l.r. (1882) all. 219 where a sale was executed after attachment in execution of an award decree : and it was held that the sale must prevail. it seems to me that it is good sense to hold so. it is not denied that if other persons had obtained ordinary money decrees, they ..... could have attached the property in execution of their money decree and claimed to share in the sale proceeds of the property, on a footing of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad819; (1936)71MLJ170
..... all the property which the debtor had at the date of the insolvency petition will not prevail against the purchaser in good faith at an execution sale prior to the adjudication. this was the rule under section 34 of the act iii of 1907 din dayal v. gur saran lal i.l.r.(1920) 42 all. 336 and i think it ..... be under section 151 and order 21, rule 90, civil procedure code. that was heard by mr. r. rangaswami aiyangar who, holding that his predecessor had acted in violation of section 52, set aside the sale, declaring it to be null and void. in the view he took, he considered it unnecessary to go into the question of material irregularity under order ..... of the debtor's insolvency, does not in the circumstances, amount to absence of good faith, it does not necessarily follow that all enquiry into the question whether the purchaser acted in good faith or not, is to be excluded. any collusion or fraud may vitiate the sale. further, another important point must be borne in mind, that section 51(3) .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR790; 165Ind.Cas.637
..... to the president of the taluka local board, who is to take action as laid down in section 116 of the act. i may mention that under the definitions prefixed to the octroi rules, ' octroi' means a tax on animals or goods or both brought within the octroi limits for consumption, use or trade therein; ' import' and ' export' mean ..... and satisfactory proof of the existence of the necessary authority.3. the nakedar purported to act under rule 8 of the rules framed by the district local board under section 100 of the bombay local boards act. this rule provides in clause (i) that whenever goods are brought to the naka for import, the nakedar shall prepare an import bill ..... stating among other things the amount of the tax leviable on the goods, and clause (3) of the rules provides that if on demand .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1939Cal612
..... 1936, the decree-holder auction-purchaser obtained symbolical delivery of possession of the holding. thereafter on 13th july 1936, the judgment-debtor applied under section 174(3), ben. ten. act, to have the sale set aside. on 10th october 1936 the matter regarding the judgment-debtor's application under section 174(3), ben. ten ..... under section 144 cannot be regarded as an application in execution. his lordship then observed:i am not prepared to say that i disagree with those decisions. there are a good many matters to be canvassed; but it does seem to me that, having regard to the fact that execution proceedings are not within section 141, having regard to the ..... at all in respect of the property which he had purchased in execution of his decree. it is admitted as regards the judgment-debtor's application to set aside the sale which he filed on 13th july 1936, that this matter was compromised on 10th october 1936. in my opinion the effect of this compromise was clearly entirely to nullify .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom30; (1942)44BOMLR890
..... (as contemplated by the process claimed) is made, the property seized may be sold, and the proceeds of such sale shall be applied in payment of such octroi, or toll and the expenses incidental to the seizure, detention and sale.5. clause (5) deals with the return of the surplus. section 99 permits the standing committee, if it thinks ..... would be necessary to refer to certain sections of the act particularly in regard to the imposition of taxes. section 73 contains a catalogue of taxes which may be imposed by the municipality. clause 4 of that section specifies a tax known as 'an octroi on animals or goods or both, brought within octroi limits for consumption or use ..... fit, instead of requiring payment of octroi due from any person, mercantile firm or public body to be made at the time when the animals or goods in respect of which octroi is .....
Tag this Judgment!Court : Mumbai
Reported in : (1948)50BOMLR701
..... (1920) 23 bom. l.r. 48. in that case this court was considering the effect of an assessment-list prepared under the provisions of the bombay district municipal act, 1901. the tax which was the subject of dispute was the house and property tax which was levied by the municipality of ahmedabad for 1911-12. the municipality published ..... for the formation of a standing committee and defines its powers. section 58 provides by clause (j) that the municipality shall make rules not inconsistent with this act and may from time to time alter or rescind them, prescribing the taxes to be levied in the municipal borough for municipal purposes.and the time at which and ..... the learned trial judge proceeded to hear the suit with respect to the remaining issues which he answered by saying that the procedure prescribed by the municipal boroughs act in the rules and the bye-laws of the municipality was not followed in the particulars mentioned in the plaint and that the enhancement of the assessment was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All675
..... extend the time under the provisions of order 34, rule. 7, civil p. c., which applied to proceedings under the agriculturists' relief act by virtue of section 27 of that act, but in as much as no good cause for 'non-payment of the balance within the time fixed was shown, the application was rightly rejected. the appeal was consequently dismissed. ..... it is provided by order 34, rule i, civil p. c. that in suits relating to mortgages (irrespective of whether they be suits for redemption or for foreclosure or sale) all persons having an interest either in the mortgage security or in the right of redemption shall be join-ad as parties. the other rules in order 34 have been ..... would arise and be determined in an ordinary suit for redemption.11. under the code civil procedure in a suit for redemption, just as in suits for foreclosure or sale there should first be a preliminary decree. the preliminary decree should order that an account be taken of what is due to the defendant at the date of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori198
..... preliminary enquiries, would sign and issue a certificate. but for these amendments in 8. 212, and but for sub-section (3), public demands recovery act, any execution sale held in enforcement of the certificate for rent should convey merely the right, title and interest of the certificate debtor at the time even though the properties ..... realisation of rents of holdings and tenures of which the government was the landlord, effected by the amendment, was made good by addition of sub-section (3) to section 26, public demands recovery act.13. i shall now advert to certain concepts inherent in the sub-section which are fully irreconcilable with the incidents of ..... greater efficacy foe purposes of speedy and sure realisation of rent than the sale in a certificate proceeding of the right, title and interest of the tenant. in the former case, unauthorised alienations, mortgages and other kinds of incumbrances will not hold good against the title of the purchaser while in the latter, the purchaser .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All341
..... recovered by process under this section against any immovable property of the defaulter.'47. it is thus abundantly clear that the act authorises the sale of immovable property belonging to the defaulter. and the act expressly forbids the sale of the interests of any person other than a defaulter and declares that even if such interests are sold they shall ..... the fact as to who was instituting them, there would be no change in law and the change of words in the new enactment would be for no good reason. it would also mean that an expression not equally clear and unmistakable in terms was substituted by the legislature for an expression which left no room for ..... that court with respect to the matters mentioned in the section. it has to be presumed that there must have been some good reason for changing the expression.36. the expression used in the former act which bars the jurisdiction of the civil court in unmistakable terms with respect to the matters mentioned, would completely bar any .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1953CriLJ236
..... it may include rates, octroi duties and other charges levied by the cantonment board. neither 'tax' nor 'octroi' has, however, been defined in the cantonments act of 1924. 'octroi' is the french name of local duty levied upon goods entering a town or district as distinguished from custom duties which are those levied at the front. in chapter v of the cantonments ..... act 'octroi' has been included in the general subject 'taxation' and it can be taken to be a kind of tax imposed by the act; but from the scheme of this chapter .....
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