1996 (3) TMI 130

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.... J.D. Jain, Senior Advocate (K.C. Dua, Advocate with him), for the appellant. Dr. R.R. Mishra, Senior Advocate (S.N. Terdol and M.T. George, Advocates with him), for the respondents. JUDGMENT Civil Appeal No. 2109 of 1978 : Heard counsel for the parties. Even if it is assumed for the sake of argument that a charge was created by the award made by the arbitrator, it cannot be said to b....

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.... applied for making the award a rule of the court. The borrower contested the same but ultimately there was a compromise between them. The court made the award a rule of the court in terms of the compromise by its order dated November 24, 1970. Clause (6) of the compromise decree reads thus : "Charge on the properties as ordered by the court on March 26, 1966, will continue till the entire decr....

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....es the word "charge", the decree did not really create a charge upon the properties as understood under the Transfer of Property Act. What was done was merely to continue the order dated March 26, 1966---order of injunction restraining alienation, etc.---till the entire decretal amount is paid. The court making the award a rule of the court continued the said order till the full payment of the dec....

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.... notice of demand, not being less than twenty-one days from the date of service of the notice. If default is made in paying according to the notice of demand, the whole of the amount outstanding on the date of the default shall become immediately due and shall be a charge on the properties of the person or persons liable to pay the tax or other amount under this Act : Provided that the time-lim....