Civil Procedure Code, 1908, Order 38, Rule 5, Transfer of Property Act, 1882, Section 52 -- Attachment before judgment - Transferee pendente lite - S.52 of T.P.Act would apply only in a suit wherein any right to immovable property is directly and specifically in question - If there is no application of S.52 of T.P. Act, in a suit, there cannot be any scope for impleadment..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be acted upon by parties as..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Subsequent purchaser - Where property is purchased by subsequent purchaser during pendency of suit in good faith, principles of lis pendens will certainly be applicable notwithstanding the fact that his rights can be protected u/s 19-B of Specific Relief Act -..........
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 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 -..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Even after dismissal of suit a purchaser is subject to `lis pendens' if an appeal is afterwards filed...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 9, Rule 2 -- Lis pendens - Between the date of dismissal of suit U.O.9.R.2 CPC and its restoration the `lis' continues...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Tax paid receipts, Assessment register extracts, Remittances to owner's account, Electoral roll, notices, Application for fixation of standard rent - Non of these documents establish tenancy - The documents no doubt establish possession - However, it does not infer from the..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or licence - Tax paid receipts - Tax deposit receipts for the year 1989-90 to 1992-1993 - If the respondents are licencees then there is nothing strange that appellants who are not residing in the city had sent the tax amount through respondents for payment to the Municipal Authorities -..........
