Showing : 121-130 of 241 Results

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 & 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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Applies even when execution proceedings are pending...........
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 52-- Lis pendens - Pendency of a suit or proceeding - Must be deemed to have commenced from the date of presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Dismissal of suit for non prosecution or in default - Suit if restored then for the purpose of lis pendens, the restoration is to relate back to the date of presentation of the plaint...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Plaint when insufficiently stamped and time for making good deficiency of court fee is granted then the plaint is deemed to be presented when it was first received by the Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Pendency of a suit or a proceeding - Principle of lis pendens apply not only upto the stage of passing of final decree by trial Court or by last Court of appeal but also applies upto the stage of complete satisfaction or discharge of such decree or order or otherwise becomes..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Does not prevent alienation of property - It only postulates a condition that alienation would in no manner affects the rights of other party under the decree which may be finally passed in the suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Applies to alienation effected after filing of SLP before Supreme Court and before leave to appeal has been granted as granting leave to appeal has to take effect from the date of filing the Special Leave Petition and not from the date the leave to appeal was granted...........

Showing : 121-130 of 241 Results