Showing : 91-100 of 236 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Prospective purchaser - Can be saved from risk, hardships and misery only when there is some satisfactory and reliable method by which he can ascertain whether any suit is pending or whether the property is subject to any decree or attachment before he decides to purchase the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52, Registration Act, 1908, Section 17, 49-- Lis pendens - Doctrine of - Whether applies to a sale deed executed prior to filing of suit but registered after filing of suit - Held, Yes. - Sale is complete only on registration of sale deed though on registration it relates back to its date of execution - Subsequent purchasers cannot take..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Impleading of a party - Transferee pendente lite - Cannot be impleaded as a party to the suit...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Object - Doctrine upon which this provision is based is that it would plainly be impossible that any action or suit could be brought to a successful termination if alienation pendente lite were permitted to prevail...........
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..........
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...........
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 - Transferee pendente lite - Law summed up viz. (a) Adequate protection is provided to the parties from transfers pendente lite by Section 52 of the TPA and such transferees are neither required to be impleaded nor can claim impleadment - They cannot even resist execution..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Doctrine of lis pendens does not annul the conveyance but only renders it subservient to the rights of the other parties to the litigation - Transfer of any right, title or interest in the suit property or the consequential acquisition of any right, title or interest, during the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Operation of bar u/s 52 of the Act is subject to the power of Court to exempt suit property from the operation of S.52 of the Act, subject to such conditions as it may impose...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Doctrine of lis pendens does not annul the conveyance but only renders it subservient to the rights of the other parties to the litigation - Transfer of any right, title or interest in the suit property or the consequential acquisition of any right, title or interest, during the..........

Showing : 91-100 of 236 Results