contract is called sale. Further, according to section
64 of that Act, in the case of sale by auction where the
goods ... there
is a close and direct connection between an auctioneer and
the transaction of auction sale. As such, the definition of
the word "dealer
conclusion of the auction, but he failed to deposit the
balance amount. The Managing officer therefore cancelled the
auction sale. On a Revision Petition filed ... conclusion of the
auction. Meanwhile the appellant preferred an appeal against
the order dated 2.10.1968 cancelling the auction sale before
the Asstt. Settlement officer
contracts were taken as a result of auctions which took
place under the 'Conditions of Auction Sale of Forests in
the Baria State ... understanding
that the Baria State Forest Auction Rules were the basis of
the auction sales and that the surety bonds were in
accordance with those
implement
which penultimate sale should have taken place.
Sale-Whether the word 'sale' in the phrase "if such
last sale or purchase takes ... such
auctions on those terms and conditions. Clause 3 of the
"Auction
626
Conditions" declares that all auctions and sales made
thereat
appellant submits that during
pendency of eauction proceedings initiated pursuant to eauction
sale notice dated 25th February, 2015, the sale of the scheduled ... highest bidder and auction bid was
much higher than the reserve price indicated in the eauction sale
notice which
conclusion of the auction, but deposited the
requisite amounts on the following day. Having thus held the auction sale
legally untenable, the High Court ... auction sale of the property that
8
was lying under attachment. The Tehsildar issued the Sale Proclamation
(undated) fixing the auction sale of this plot
property in question was put up on auction sale, the upset
price wherefor was fixed at Rs.20,000/- by an order dated 19.03.1979.
However ... sale
was held. The abstract principle that there is no warranty
at court sales fails to yield a just result in this case.
The auction
hour for
the sale was issued. But the sale was postponed at the
instance of the appellant. At the auction sale held on the
adjourned ... hour when the auction would be held though the
original proclamation under which the auction sale was to be
held on the earlier date specified
being bonafide purchasers of surplus area measuring 75.51 acres by an
auction sale and, hence they, were entitled to the protection of law. (In
fact ... legal representatives).
The State, on the other hand, questioned the auction sale terming it as
neither being a bona-fide transaction nor for adequate consideration
allowed auction sale to proceed but ordered
8
that the sale should not be confirmed till
further orders. On October 30, 2004, auction
was concluded ... auction purchaser, if necessary,
by taking assistance from all
authorities concerned. The auction
purchaser, who was permitted to
withdraw the auction amount deposited
towards sale