Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Principles governing culled out in AIR 1999 SC 2607 reiterated...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of subsequent purchaser - Merely because the transfer during pendency of suit is hit by principle of lis pendens incorporated u/s 52 of T.P.Act that cannot operate as bar for court to exercise power U.O.1.R.10(2) CPC to permit subsequent purchaser for..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- License - Self acquired property - Son and daughter-i, law allowed to reside in the house and such right is that of a licensee - License is terminable at the will of licensor - Notice issued whereby license terminated - Decree passed in suit for mandatory injunction to hand over vacant..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - A transferee pendente lite is bound by decree just as much as he was a party to suit - However, mere pendency of suit does not prevent one of the parties from dealing with property constituting subject matter of suit - Law simply postulates a condition that alienation will, in no manner, affect rights of other..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - Transferee pendente lite has no right to resist or obstruct execution of decree - Resistance at the instance of such person/transferee or obstruction by a person on the basis of such right is not..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Subsequent bonafide purchaser - Sale deed not executed by purchaser within stipulated period - Vendor terminated sale agreement - Property sold to one `A' - Held, subsequent purchaser is a bonafide purchaser...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Purchaser pendente lite - Even though in view of doctrine of lis pendens transferee of a property pending disposal of suit is bound by the result of suit but Court in its discretion can implead him as party to..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Rule of lis pendens applies to suit on mortgagee as well...........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Held, effect of S.52 of T.P. Act is only that a voluntary transfer of suit property made by a party to suit during pendency of suit shall not affect right of other party under any decree or order which may be passed in suit - Transfer will remain subject to result of suit...........
Land Acquisition Act, 1894, Section 4, Transfer of Property Act, 1882, Section 52 -- Acquisition of land - Doctrine of lis pendens - Applicability - Decision to acquire had been taken prior to commencement of lis and even declaration u/s.6 had been promulgated - Held, right of Government to acquire property of citizens for genuine public purpose is pre-existing right -..........
