Execution of Decree -- Transfer to Debts Recovery Tribunal -- Procedure under Second Schedule to Income Tax Act applies, not Order XXI CPC
(i) Recovery of Debts Due to Banks and Financial Institutions Act, 1993, S.31 -- Execution of Decree -- Transfer to Debts Recovery Tribunal -- Transfer of execution from a civil court to the Recovery Officer substitutes the procedure under the Second Schedule to the Income Tax Act, 1961 for the procedure under the Code. Failure to record reasons under Order XXI Rule 22 CPC does not affect validity of the resultant auction sale. (ii) Income Tax Act, 1961, Second Schedule, R.2 -- Execution of Decree -- Non-Service of Notice on Legal Representatives -- Absence of notice to legal representatives already impleaded in and aware of execution proceedings causes no substantial injury. Such absence does not render the execution or the auction sale void. (iii) Civil Procedure Code, 1908, S.60(1)(ccc) -- Attachment and Sale of Property -- Exemption for Residential House -- Protection against attachment and sale of the main residential house of a judgment-debtor is personal to him and confined to a house belonging to and occupied by him. The exemption is not available to legal representatives after his death.
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