Showing : 11-20 of 35 Results

JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Transferee pendente lite - Where doctrine of lis pendens is applicable a transferee pendente lite not to be impleaded as a party...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 9, Rule 2-- Lis pendens - Between the date of dismissal of suit U.O.9.R.2 CPC and its restoration the `lis' continues...........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 52, Order 21, Rule 98-- Execution of decree for possession - Lis pendens transferee from J.D. obstructed execution of decree - Held, lis pendente alienee from J.D. cannot call upon court to decide obstruction, like a suit - Purchaser pendente lite cannot raise challenge questioning legality of decree and propriety of..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52-- Temporary injunction - Restraining alienation - Rule of lis pendens may be inadequate to prevent the mischief in certain cases - A person claiming injunction in such a situation has to show that protection u/s 52 of TP Act is not adequate...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Suit for specific performance - Plaintiff advanced huge amount as earnest money - Order of status quo regarding alienation of suit property set aside - In case of alienation of suit property during pendency of suit, defendant to inform prospective..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Agreement to sell - Suit for specific performance - Alienation - Substantial amount as earnest money already paid - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens - No interference warranted in order of lower..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - Transfer of property during pendency of litigation without permission of Court - Such transfer is hit of doctrine of lis pendens - Transferee pendente lite is not entitled to be impleaded as a party to the suit as of right...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Transfer of Property Act, 1882, Section 52-- Suit for specific performance - Defendants No.2 to 4 proceeded exparte - Subsequent vendees impleaded as a party to the suit - Subsequent vendees seeking setting aside exparte order against defendants No.2 to 4 and further sought permission to cross examine the witnesses of the plaintiff and..........
ORISSA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 47-- Lis pendens - Execution - Alienation made during pendency of a litigation is hit by the principles of lis pendens and the alienee acquires no title - Even otherwise subsequent purchaser if purchased any part of the property can file a petition u/s 144 CPC after the decree holder recovers his..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 98, 100, 102, 29, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - Rr.98 & 100 of O.21 CPC do not apply to transferee pendente lite - A transferee from a judgment debtor is presumed to be aware of the proceedings before a Court of law - R.102 recognises the doctrine of lis pendens enshrined in S.52 of TPA - So there should not be..........

Showing : 11-20 of 35 Results