Allahabad High Court was right in setting aside a
confirmed auction sale despite there being no objection to it. In our
opinion, the High Court ... thereunder,
30 days’ time was given for filing objections to the auction sale under
Rule 285-I which reads as follows:
“RULE
Davis returned the draft auction notice with a few corrections and directed the auctioneers to hold the auction in accordance with the instructions ... entirely independent of the contract of sale. To that contract (the contract of sale), the auctioneer who sells a specific chattel as an agent
sold by auction and was purchased by the present applicant for a sum of Rs. 166 Thereafter, and before P the auction sale was confirmed ... private sale transferred or attempted to transfer the property to a third party, such private sale being made after the sale by auction. Under
vests in the purchaser. A sale certificate is issued to the purchaser only when the sale becomes absolute. The sale certificate is merely the evidence ... purchaser derives title on confirmation of sale in his favour, and a sale certificate is issued evidencing such sale and title, no further deed
State General Sales Tax Act read with State Pawn Brokers' Rules when he causes the sales of unredeemed articles/goods auctioned by default ... purpose of the Bengal Finance (Sales Tax) Act, 1941 and liable to pay sales tax on the sale of unclaimed goods. We have already referred
sale of the plots in dispute and transferred the decree for auction sale to the Collector, Accordingly the plots in question were ... auction sale and were purchased by the decree-holder himself on 20th July, 1956. The sale was confirmed on 29th August, 1956, and sale certificate
before the commencement of auction. In the auction notice, all the participants were duly put on notice that the sale of properties in question ... appellant/auction purchaser was willing to pay the balance 75% of the auction price, and expressed his willingness to complete the auction sale, in terms
filed principally on the ground that the petitioner
is auction purchaser in the auctionsale held by respondent No.3
Bank under the provisions ... quite vivid that the
petitioner is an auctionpurchaser to an auction sale conducted by
the secured creditor under the provisions of the SARFAESI
sale certificate sixteen annas interest was fraudulently entered as the subject of sale, that despite this fraudulent entry in the sale certificate the auction purchasers ... this Court. Misra, J., sitting singly, overruled the contention that the auction sale per se operated as severance in status in respect of the property
various factors. The auction sale held by the court cannot fetch a price which voluntary sale will fetch and the auction sale cannot be struck ... court sale cannot fetch a price which a voluntary sale will fetch." I thus find that the auction sale cannot be set aside merely
