Transfer of Property Act, 1882, Section 52 -- Equitable right - Alienee of an alienee has no claim for equity - It is available to a direct alienee from the co - sharer...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer pendente lite - Doctrine of lis pendens does apply to auction sales' held by the Executing Court of any immovable property of J.D. which was subject of dispute in a pending suit or decree pending execution - For applicability of the doctrine, decree pending execution at time of auction sale must be valid..........
Transfer of Property Act, 1882, Section 1O5, Easement Act, 1882, Section 52 -- Lease or license - Distinction - Lease is transfer of an interest in property - The lessor parts with his right to enjoy the property during the term of the lease - If a document gives only a right to use the property in a particular way or under certain terms while it remains in possession and..........
Prisons Act, 1894, Section 52 -- Punjab Jail Manual, Para 633A, 613, 627 - Remission earned by a prisoner - Cancellation by Jailor - Can be done only after the conviction is recorded against the prisoner for an offence under Indian Penal Code after his admission to jail but not before he is actually convicted - Punishment under Para 633A follows conviction and such..........
Civil Procedure Code, 1908, Section 146, Order 21, Rule 16, Transfer of Property Act, 1882, Section 52 -- Decree for injunction - Assignee of a legal representative is bound by the decree obtained against the assignor or predecessor in interest...........
Transfer of Property Act, 1882, Section 54, Easement Act, 1882, Section 52 -- Licence - If a person himself has acquired a right or interest in an immovable property through an instrument, the right conveyed in his favour in that instrument is not a licence...........
Transfer of Property Act, 1882, Section 54, Easement Act, 1882, Section 52 -- Licence - Word `Licence' is interchangeable with word `Permission' - Acquisition of right or interest in immovable property is not licence - Exclusive possession given - Instrument is not licence - May be lease or conditional sale...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of a party - Application for impleading in place of defendant on ground that applicants have purchased disputed property during pendency of suit - No permission of Court was obtained for sale - Doctrine of lis-pendence hits such sale - Moreover, suit was merely for..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Property sold when the period of limitation for filing appeal had not yet expired - Transfer is hit by the doctrine of lis pendens...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - An appeal or execution proceedings is a continuation of the suit and lis pendens continues during the appeal or execution...........
