Showing : 21-30 of 47 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 52-- Consent decree passed during pendency of suit filed earlier - Held, consent decree is hit by principle of lis pendens being an attempt to defeat the right of the defendant...........
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Requirements for applicability of the principle of lis pendens are : (a) A suit or a proceeding in which any right to immovable property is directly and specifically in question must be pending; (b) The suit or proceeding shall not be a collusive one; and (c) The property which is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 41, 52-- Bonafide purchaser - During pendency of a suit or a proceeding - Principle of estoppel does not govern the doctrine of lis pendens - Principle of estoppel must yield to the doctrine of lis pendens under which no title in property could be validly transferred during the pendency of the litigation...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 52-- Doctrine of lis pendens - Suit for specific performance - Sale during pendency of suit - Plaintiff ready and willing to perform his part of the contract - Sale is hit by rule of lis pendens...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 52-- Doctrine of lis pendens - Suit for specific performance - Sale during pendency of suit - Plaintiff ready and willing to perform his part of the contract - Sale is hit by rule of lis pendens...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Construction raised during pendency of suit - Such construction is hit by doctrine of lis pendens and it does not effect the rights of the decree holder...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 52-- Doctrine of lis pendens - Construction by Judgment Debtor on land in dispute during pendency of suit - Construction not to effect the rights of decree holder - Construction do not confer any legal and equitable right in favour of judgment debtor - Construction raised during of pendency of suit hit..........
MADHYA PRADESH HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Transfer of property during pendency of suit - Transfer of immovable property is not prohibited during pendency of a dispute - Only thing is that the transferee gets the right, title and interest of the transferee, if its vendor succeeds in the litigation...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 52-- Scope - Principle of lis pendens is a principle of public policy - There is no question of good faith or bona fide - Principle underlying lis pendens is that a litigating party is exempted from taking notice of a title acquired during pendency of litigation - Mere pendency of suit does not prevent..........

Showing : 21-30 of 47 Results