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    <title>2004 (4) TMI 665 - CALCUTTA HIGH COURT</title>
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    <description>Fraud allegations allowed third parties with an established proprietary interest to invoke the court&#039;s inherent power to recall a compromise and sale order even after the lis had ended. The challenge succeeded only to the extent of the petitioners&#039; vested inherited share: the Pratapaditya Road property was not voided in entirety, and the settlement was modified to exclude their father&#039;s share. The same limitation applied to the Ultadanga Road property, the thika-tenanted structure, and movable assets, which could not be transferred without their consent. Want of Income-tax clearance did not invalidate the court-sanctioned sale, as the pre-clearance rule was treated as inapplicable to a bona fide court sale.</description>
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    <pubDate>Thu, 15 Apr 2004 00:00:00 +0530</pubDate>
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      <title>2004 (4) TMI 665 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=313721</link>
      <description>Fraud allegations allowed third parties with an established proprietary interest to invoke the court&#039;s inherent power to recall a compromise and sale order even after the lis had ended. The challenge succeeded only to the extent of the petitioners&#039; vested inherited share: the Pratapaditya Road property was not voided in entirety, and the settlement was modified to exclude their father&#039;s share. The same limitation applied to the Ultadanga Road property, the thika-tenanted structure, and movable assets, which could not be transferred without their consent. Want of Income-tax clearance did not invalidate the court-sanctioned sale, as the pre-clearance rule was treated as inapplicable to a bona fide court sale.</description>
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      <pubDate>Thu, 15 Apr 2004 00:00:00 +0530</pubDate>
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