When can sale be set aside?

When can sale be set aside?

(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 …

Who can apply for setting aside the sale in execution of a decree?

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 …

Under what circumstances attachment of property can be done by court?

In cases where the defendant fails to pay the required sum, the court can, in the execution of its decree, attach the movable and immovable property of the defendant and recover the amount which is due by the disposal of these assets. However, there are some assets which cannot be attached to recover the due amount.

Under what circumstances can a property be auctioned in execution proceedings?

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 attachment of property under CrPC?

Section 174A of IPC makes punishable act of non-appearance in response to proclamation under Section 82 CrPC. IV. ATTACHMENT OF THE PROPERTY, MEANING. The property of the person against whom a proclamation is issued under section 82 can be attached and later disposed of in order to compel his appearance in court.

What is proclaimed offender?

Section 82(4) stipulates that a person, in respect of whom a proclamation has been published under section 82(1), if he fails to appear at the specified place and time required by the proclamation and if he is accused of offences mentioned in Section 82(4), the court may pronounce him as a proclaimed offender, after …

What is public nuisance under CRPC?

A public nuisance is defined under Section 268 of the Indian Penal Code, 1860. A public nuisance can be defined as any act or omission which causes common danger, injury, or inconvenience to the public at large.

What is an example of a public nuisance?

The term public nuisance covers a wide variety of minor crimes that threaten the health, morals, safety, comfort, convenience, or welfare of a community. Houses of prostitution, illegal liquor establishments, GAMING houses, and unlicensed prizefights are examples of nuisances that interfere with public morals.

Is private nuisance a criminal Offence?

A legal action to redress harm arising from the use of one’s property. The two types of nuisance are private nuisance and public nuisance. A public nuisance is a criminal wrong; it is an act or omission that obstructs, damages, or inconveniences the rights of the community.

What are the basic elements of a nuisance action?

In general, elements that must be proven for the establishment of liability in a nuisance include:

• unreasonableness on the part of a defendant;
• continuance of acts constituting nuisance for an unreasonable period;
• causal connection between defendant and nuisance complained of; and.
• existence of injury or damage threat.

What is private nuisance in law?

A private nuisance usually is caused by a person doing something on his own land, which he is lawfully entitled to do but which becomes a nuisance when the consequences of his act extend to the land of his neighbour by, for example, causing physical damage. A private nuisance is actionable in tort.

What does a nuisance mean in law?

In a regulatory environment, the term “nuisance” includes anything that results in an invasion of one’s legal rights. A nuisance involves an unreasonable or unlawful use of property that results in material annoyance, inconvenience, discomfort, or injury to another person or to the public.