Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Change of nature of suit land - Suit for declaration challenging sale deed executed in favour of defendant - Interim injunction regarding alienation and from raising construction and changing nature of property claimed - Alienation stayed - Defendant in exclusive possession of suit property - Claim of..........
Court Fees Act, 1870, Section 17(iv)(c), 7(v) -- Alienation of Joint Hindu family property by karta - Challenged by coparcener - Trial Court directed plaintiff to affix advalorem court fee - Main relief claimed in suit is of declaration to the effect that plaintiff is coparcener in suit property - Suit land agricultural in nature - Court fee is payable u/s 7(iv)(c) read..........
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 one of the parties from..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Necessary Party - Suit for specific performance of agreement to sell - Injunction regarding alienation - Portion of suit land transferred - Application under O1 R10 by transferee for impleading party - Applicant being transferee pendente lite without leave..........
Transfer of Property Act, 1882, Section 52 -- Transfer Pendente lite - Principle underlying - A litigating party is exempted from taking notice of title acquired during the pendency of litigation - Mere pendency of a suit does not prevent one of the parties from dealing with the property constituting the subject matter of the suit - The section only postulates a condition..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ancestral Property - Stay of alienation - Compromise/family settlement among sons, father and minor son and widow of predeceased son - Settlement duly signed by parties - Minor son of predeceased son entitled to share in ancestral property in terms of family settlement - Grandfather entered into agreement to sell..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for maintenance by creating a charge on the property - Alienation of property during pendency of such suit is affected by rule of lis pendens...........
Partnership Act, 1932, Section 69(3), Arbitration and Conciliation Act, 1996, Section 9(ii)(c), 9(ii)(d), 9(ii)(e), Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9, 11, Civil Procedure Code, 1908, Order 40, Rule 1 -- Partnership firm - Unregistered - Bar of S.69 (1) & (2) Partnership Act is not attracted for enforcement of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Doctrine of Lispendence - Property partitioned among legal heirs on the basis of natural succession - One of the heirs filing suit on the basis of an unregistered Will claiming entire property - Original Will not produced on record - Applicaton for interim injunction restraining other heirs from..........
Specific Relief Act, 1963, Section 19 -- Suit for specific performance - Injunction regarding sale of suit property - Sale in violation of injunction order - Court shall treat such alienation as having not taken place at all - Purchaser cannot raise any defence on the basis of sale in his favour. Transfer of Property Act, 1882, Sec. 52...........
