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march 1995

Supreme Court of India · 1995-03-06

NANI GOPAL PAUL vs TARAKESWAR PRASAD SINGH .

Citation / case number
SC 1994/14388
Court
Supreme Court of India
Petitioner
NANI GOPAL PAUL
Respondent
TARAKESWAR PRASAD SINGH .
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court set aside the sale and confirmation of property conducted by the court receiver on August 29, 1990, due to procedural irregularities and illegality in the sale process, as highlighted by the Division Bench. The Court emphasized that the single Judge failed to consider higher offers and did not apply due diligence in the sale process, violating principles of judicial propriety. The appeal was remanded to the High Court for a fresh sale to be conducted in accordance with law, ensuring transparency and opportunity for all bidders, as per Order 21 Rule 89 and 90 CPC.

NANI GOPAL PAUL vs TARAKESWAR PRASAD SINGH . · Niyam