Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for specific performance - Property purchased during pendency of suit is hit by S.52 of the Act - Doctrine of lis pendens is applicable to seek for specific performance as well...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Normal rule is that amendment when allowed it relates back to date of filing of suit but when question as to whether relief sought is bared by time or not has been left open then doctrine of relation back does not get attracted...........
Land Acquisition Act, 1894, Section 18, 28A -- Restitution - Amounts payable to the owners/claimants - Owners filing application u/s 28-A claiming compensation, as awarded to the other claimants in pursuance to decree of the Reference Court - Collector re-determined the compensation, as enhanced by the Reference Court - Reference Court decree modified in appeal - Amount of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation - Plea of plaintiff that he has perfected his title by way of adverse possession - Held, defendant being the true owner cannot be restrained from alienating the suit property - Any sale effected during the pendency of suit shall be hit by doctrine of lis pendens and thus will..........
Contract Act, 1872, Section 182, 186, 188 -- Doctrine of Agency - A Co-owner filing suit for eviction against tenant - Files suit on his own behalf, in his own right and also as an agent of the other co-owners...........
Natural justice -- Doctrine of principles of natural justice are not embodied rules - It cannot be put in a straitjacket formula - It depends upon facts and circumstances of each case - To sustain the allegation of violation of principles of natural justice, one must establish that prejudice has been caused to him for non-observance of principles of natural justice...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 -- Challenge to the legality and validity of action taken by various banks and financial institution under the provisions of Act of 2002 by invoking the doctrine of sub silentio - Challenge held not sustainable...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Decree for specific performance - Pendente lite transferee is bound by the decree even if he has no notice of pendency of litigation - Fact that suit was decreed on the basis of consent is not a bar for the applicability of the doctrine of lis pendens unless there is proof of collusion against such transferee..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Defendant No.3 purchased suit during pendency of suit after inquiry from defendant No.1 and having satisfied that no prior agreement of sale is subsisting between defendant No.1 and plaintiff or with any other person - Held, doctrine of lis pendens is not applicable...........
Transfer of Property Act, 1882, Section 41 -- Ostensible owner - Equitable Doctrine of Estoppel - Section 41 of the Act embodies an exception to the general principle of law that no man can transfer to another right or title better than what he himself possesses - Exception is a form of Equitable Doctrine of Estoppel - To attract rule of estoppel it must be shown that (i)..........
