Search Results Page
Search Results
1 - 10 of 10 (0.20 seconds)Section 64 in The Code of Civil Procedure, 1908 [Entire Act]
S.Praveen Bohra vs Joint-I Sub-Registrar on 4 March, 2016
6. The issue involved in the present case is no longer res integra as
similar issue was considered by this Court in the case of S.Praveen Bohra Vs.
Joint-I Sub-Registrar reported in 2016 (3) CTC 493, wherein this Court
categorically held that the order of attachment cannot be a bar to register the
Page No.8 of 11
https://www.mhc.tn.gov.in/judis
W.P.No.16257 of 2022
document. The present case on hand makes it clear that the pending order of
attachment is not only agents enforceable under the order of attachment and
not interpret other claim. Merely there is an order of attachment by the Civil
Court and the same cannot be a ground for refusing to register the document.
The Punjab Land Revenue Rules
Article 226 in Constitution of India [Constitution]
Section 71 in The Punjab Land Revenue Rules [Entire Act]
Prasad Technology Park Pvt. Ltd vs Sub Registrar & Ors on 8 December, 2005
“6. It is relevant to refer to the unreported judgment of the
Madurai Bench of Madras High Court in W.P.(MD) No.2635 of
2012, dated 13.03.2013, in the case of M/s.K.D.P.Properties
Private Limited vs. The Sub-Registrar and other, relied on by the
learned counsel for the petitioner, wherein, in paragraph No.18,
a reference was made to the decision of the Hon'ble Apex Court
reported in (1985) 2 SCC 167, Balkrishan Gupta and others vs.
Swadeshi Polytex Limited and another, and it was held as
follows:-
Section 60 in The Code of Civil Procedure, 1908 [Entire Act]
Balkrishan Gupta And Ors vs Swadeshi Polytex Ltd. And Anr on 12 February, 1985
19.The dictum laid down in the above judgment
(1985) 2 SCC 167 (supra), gives a fitting answer to the
issue raised in this writ petition. So far as the order of
attachment passed by the DRT is concerned, the transfer
is not void generally but it is void only as against the
claims enforceable under the said attachment. Therefore, I
am of the opinion that the sale of the property attached
cannot be construed as illegal sale. However, if the 2nd
respondent bank exercises its right as against the
property, the petitioner cannot raise any objection
because the sale of the vendor in favour of the petitioner is
void in respect of the order of attachment obtained by the
2nd respondent bank. So, even if the property is sold in
favour of the petitioner, the 2nd respondent bank can
always exercise its right as against the said property.
M.Chitra vs The Sub-Registrar on 1 September, 2014
7. It is also worthwhile to refer to the unreported judgment
Page No.6 of 11
https://www.mhc.tn.gov.in/judis
W.P.No.16257 of 2022
of Madurai Bench of Madras High Court in W.P.(MD) No.14388
of 2014, dated 01.09.2014, in the case of M.Chitra vs. The Sub-
Registrar, relied on by the learned counsel for the petitioner,
wherein, in paragraph No.5, it was held as follows:-
1