Statutory Bar - The Legal Chamber

The Supreme Court held that Order XXI Rule 90(3) CPC bars judgment debtors from challenging an execution sale on grounds they could have raised before the sale proclamation was drawn up. Failure to object to the sale of an entire property, rather than a sufficient part, at the appropriate stage precludes a subsequent challenge under Order XXI Rule 90. Facts Of The Case: In 1995, decree-holder Rasheeda Yasin filed a suit for recovery of ₹3.75 lakhs against Komala Ammal and her son K.J. Prakash Kumar. An ex-parte decree was passed in 1997. Execution proceedings began in 1998 to attach and sell the judgment debtors' property—a house and site in Chennai. After multiple unsuccessful auctions due to high upset prices, the court, upon the decree-holder's applications, progressively reduced the ...

The Supreme Court set aside the High Court's bail order, holding it failed to properly apply the stringent twin conditions under Section 37 of the NDPS Act. The matter was remitted for fresh consideration, mandating a reasoned assessment of the accused's involvement, statutory compliance, and the substantial quantity of seized contraband before granting bail. Facts Of The Case: The case involves appeals by the Union of India against two bail orders granted to the respondent, Vigin K. Varghese, by the Bombay High Court. The prosecution, initiated by the Directorate of Revenue Intelligence, stemmed from the seizure of approximately 50.232 kilograms of cocaine on October 6-7, 2022. The narcotics were found concealed within a consignment of pears imported from South Africa in the name of M...

Tag: Statutory Bar

CPC Order XXI Rule 90(3): Supreme Court Clarifies Time-Bar for Challenging Execution Sales

Supreme Court on NDPS Bail: Delay and Custody Can’t Override Statutory Bar for Commercial Quantity