Showing : 11-20 of 28 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Transfer is not void or illegal - Pendente lite purchaser is bound by the decision - Transferor's title if (a) upheld; (b) partly upheld; (c) not upheld - In case title of transferor's title is upheld than transferee is not affected and in case it is partly upheld then title of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b)-- Lis pendens - Execution of gift deed during pendency of suit for specific performance - Held, gift deed is null and void as (1) it is executed during pendency of suit and is hit by doctrine of lis pendens; (2) donee under gift deed is not a bona fide transferee as the transfer is gratuitous and..........
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..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 52-- Doctrine of lis pendens - Attachment of property in execution of decree - Transferee lis pendens filed objections alleging that he was bona fide purchaser of said property for consideration - Held, objector purchased property after passing of attachment order - Hence, sale transactions was hit by..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Transferee lis pendens - O.21.R.29 CPC has no application in cases of lis pendens where property is transferred by judgment debtor to a third party during pendency of proceedings - Rule 29 applies only when a suit has been instituted by a judgment debtor against the decree holder...........
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..........
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...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Rule of - Does not prohibit transfer of property which is subject matter of suit - However, any transfer during pendency of suit does not have the effect of defeating the rights of the other party to the suit - Transferee stands in the same position and status as the transferor and..........

Showing : 11-20 of 28 Results