....9. It cannot be disputed that sale by an auction is a sale as contemplated by the Sale of Goods Act, 1930 (3 of 1930). Section 4 of that Act provides, inter alia, that a...transferred from the seller to the buyer, the contract is called sale. Further, according to Section 64 of that Act, in the case of sale by auction where the goods are put up for sale in lots, each lot.... The owners of the goods who sent them to the appellant for being auctioned had received only their sale price less the amount charged by the appellant as sales tax from the purchasers. The Income Tax...

...rules that may be made under this Act the managing officer .... may transfer any property out of the compensation pool—(a) by sale of such property to a displaced person or any association of displaced persons, whether incorporated or not, or to any other person whether the property is sold by public auction or...Trikamdas contended that under this section the sale could be by auction and that is what had happened in the present case. He said that the sale was complete as soon as Respondents 4 and 5 were declared...the highest bidder at the auction and thereupon the property stood transferred to them. We are unable to agree that because the section permits a sale by auction, whenever there is an auction the sale...

...circumstances of each auction sale including the conduct of the parties as also the correctness and true nature of the dealings between them any expression of opinion by this Court on that question would...based thereon. Sub-section (2) of Section 64 of the Sale of Goods Act, which deals with auction sales, runs thus:“64. In the case of a sale by auction—(1...auction sale is in respect of specific or ascertained and identifiable goods and unconditional; in other words, it is only in an unconditional sale by auction the property in the goods passes on the...

..., cancellation of the sale by auction held on 28.2.1998, was against the law, if so, it's effect?2. Whether, as alleged in para 2 of the plaint, the plaintiff is entitled to declaration.... To what relief, if any, the plaintiff is entitled?6. After recording the evidence of the parties and hearing them, learned Trial Court found that the cancellation of the sale by auction held...Counsel to show, if as per the terms of the auction, it was open for the Collector to cancel the sale by auction or if there is any provision of law which empowers the Collector to cancel such sale by auction. Learned...

...buildings (for short “suit property”); that the Official Receiver put up the suit property for sale by auction; that M. Bhowrilal, father of the plaintiff was the highest bidder and the sale of the right...deed certifies that Bhowrilal (father of the plaintiff) was the highest bidder at an auction-sale held on 22-8-1941, in respect of the right, title, interest of the insolvent Anraj Sankla, namely, the leasehold right in the property described in the schedule to the certificate (suit property), that his bid of Rs 8350 was accepted and the sale was confirmed by the...Station, Bangalore on 25-8-1941. The sale certificate declared Bhowrilal to be the owner of the leasehold right in respect of the suit property. When a property is sold by public auction in pursuance...

..., 1981. The sale by auction of land already made and confirmed cannot be set aside to facilitate when he had not applied for its transfer on the date the land was auctioned. 6. The learned counsel for...the petitioner has urged that the sale by auction of the land in favour of the respondents is liable to be quashed for want of Notification by the Government under the Rules governing the disposal of...Pal and others, C.W.P. No 4411 of 1982, decided on April 18, 1983. The sale by auction in favour of the respondents, therefore, cannot be set aside for want of proper notification regarding the...

.... DAYAL, RAGHUBAR CITATION: 1964 AIR 569 1963 SCR Supl. (2) 608 ACT: Sales Tax-Goods stored in Travancore-Sale by auction in...another State". Under the Sale of Goods Act in an auction sale the title in goods passes and the sale is complete as soon as the hammer falls. The relevant portion of s. 64 of the Sale of Goods Act dealing with sale by auction...reads as follows In the case of a sale by auction...... (1) where goods are put up for sale in lots...

.../appellant. In the event the petitioner/appellant fails to pay the amount as per the aforesaid condition Respondents 1 to 3 shall be at liberty to proceed to put up the unit for sale by auction or tender...(1993) 2 SCC 279, AIR 1993 SC 935 inasmuch as (i) the sale was not held by auction and was held by inviting tenders followed by negotiations; (ii) the...Act in Mahesh Chandra case (1993) 2 SCC 279, AIR 1993 SC 935. In that case this Court has held that sale by public auction is universally...

...Semmanthaputhur village was brought to sale under the Tamil Nadu Revenue Recovery Act, 1864 (for short ‘the Act’). On March 30, 1979 the sale by auction was held by the Tahsildar. Respondent 1 purchased...from the date of the auction. On October 23, 1981 the sale was confirmed and the balance amount was deposited on November 4, 1981. The appellant filed an application but by proceeding dated October 23...dismissed it. Thus this appeal.3. The formidable objection raised by the appellant is that it is mandatory under Section 36 that the date and place of sale shall be...

...Advocate Commissioner fixed the upset price and also fixed the sale by auction on 22.04.2015 At this juncture, the revision petitioners/defendants filed I.A No. 6277 of 2015 to stay the proceedings by the...Advocate Commissioner and to bring the suit property for sale by auction on 22.04.2015 in the interest of justice. The Trial Court has ordered notice on 18.04.2015 returnable by 23.04.2015 Against...Commissioner followed the procedure and fixed the upset price and also fixed the sale by auction on 22.04.2015 At this juncture, the revision petitioners/defendants filed I.A No. 6277 of 2015 wherein...

...respondents concerned to put up the vehicle of the petitioner therein for sale by auction after obtaining a valuation for the same. The petitioner therein was also permitted to participate in the auction...A vehicle owned by the petitioner has been confiscated in accordance with the provisions contained in the Kerala Protection of River Banks (Removal of Sand) Act, 2001.... Though the vehicle was confiscated as early as in 2013, the same has so far not been auctioned and the proceeds appropriated by the Government. According to the petitioner, he is prepared...

...certificate of sale. The sale certificate was issued and was followed by the registration of the sale deed in April 2016. The Bank had advertised the proposed sale by auction and followed all requisite...order dated 9-3-2016 2016 SCC OnLine All 2564 restrained the Bank and the auction-purchaser from executing the sale deed until 15-3-2016. The stay was extended till 28-3-2016 by which date the....”After the dismissal of the writ petition, the sale certificate was issued on 5-4-2016 in favour of the auction-purchaser. After the confirmation of the sale the Bank executed a...

...was complete. The impugned order of the Collector passed on 24-10-1998 shows that the sale by auction is being cancelled because there is pos­session of the Agriculture Department over the plot of land...No. 1. 9. Learned Standing Counsel drew attention of this Court to the memoran­dum/notice issued on 1st February, 1998 for holding the sale by auction on 28-02-1998. Said notice is...Collector. Learned Standing Counsel relying on said provision in the notice argued that the Collector was empowered to can­cel the sale by auction. In the opinion of this Court, the submission of learned...

.... Thus on this second ground also the orders of the Collector and the Additional Chief Secretary appear to be beyond their jurisdiction. The Additional Chief Secretary has held that the sale by auction was...No. 159/2 admeasuring about 4acres on 28th April 1981. The petitioner's bid was the highest in the auction and a sale certificate was issued in favour of the petitioner for a consideration of Rs...and window India, the petitioner Co-operative Society has fittings and plastering and about 60 houses challenged the order Annexure-C dated 30-1- have been occupied since 1987. 1988 passed by the...

...vehicle and bring it to sale by auction under section 21(4A) of the MMRD Act. With that condition, the order of the court below stands modified.5. The petition stands disposed of in terms as above....

...words suggest the innuendo that the plaintiff was not solvent and that his goods were being brought to sale by auction by the creditor. The first Court accepted the contention of the plaintiff and granted...plaintiff) are being sold by public auction at 3 pm on 27-10-1944”. According to the plaintiff these words constituted slander and that he had suffered damage. The plaintiff's suggestion is that these...District Judge. I find nothing in the words to suggest that the plaintiff was an insolvent and that therefore his goods were being sold by auction. It is significant that in the announcement by P.W 3, the...

...prayed for stay of the auction of the house. The interim stay was declined by order dated February 18, 1960, but a direction was ordered to be issued that the transferee be told that the sale would...filed a civil suit challenging the sale of the house by auction in favour of Parbati which was dismissed as withdrawn on September 1, 1962. On February 12, 1963, he filed another civil suit which was.... It was wrongly auctioned in favour of Parbati. The sale by auction in favour of Parbati is void. A contrary view taken by the Courts below is liable to be set aside. The contention is without merit...

...the sale and no auction is conducted.c) Sale by tender is not the same as sale by auction. Auction is defined in...Section 64 of the Sale of Goods Act, 1930, wherein the scope of sale by auction has been laid down. Sale by tender conducted by the appellant will not come within the ambit of the said..., AIR 1987 BOM 90, wherein the scope of relative differences between the mode of sale by calling offers and that by way of auction has been elucidated by the Hon'ble High Court...

...fourth exception to sec. 37 of Act XI of 1859. The facts lie within a narrow compass. On the 23rd of September 1889, the taluk was put up for sale by auction for the realization of arrears of revenue, and...purchased by the Plaintiffs in the name of their servant; after their purchase, the Plaintiffs were unable to pay the Government revenue when it became due, and the taluk was again put up to auction...and, in my opinion, the estate does not by the mere sale become in the hands of the purchasers free from all encumbrances: but it is open to the purchasers to, avoid and annul all under-tenures with...

...to be aware of the bids put forth by others. Per contra, the tendering process does not allow all prospective bidders to know of the bids made by others. In sale by auction, a bidder can make any...number of bids by upping the ante vis-vis., a rival bid. Auction signifies generally an increasing, an enhancement, and hence is applied to a public sale of property usually conducted by biddings, which...under a separate Auction of Property Service w.e.f. 01.05.2006. Thus, while both sale by tender and sale by auction may have a common intendment of selling the goods, the modalities and the processes...