Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Attachment of property in execution of decree - Transferee lis pendens filed objections alleging that he was bona fide purchaser of said property for consideration - Held, objector purchased property after passing of attachment order - Hence, sale transactions was hit by principle of lis pendens -..........
Insurance claim -- Repudiation - Contention that respondent abetted the death of insured - deceased she is not entitled to any claim on the policy of her husband repelled - The acquittal order of respondent by the Court has some evidentiary value and cannot be totally brushed aside - Plea that it is a case of suicide therefore as per clause 6 in policy appellant not liable..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Suit for eviction - Bonafide need - Question as to ownership of landlord - Landlord proved his ownership in terms of family settlement - Landlord also produced documents showing electricity and water connection in his name - Landlord entitled for decree of eviction...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Trial Court dismissed application by holding that defendant was served in the suit and inspite of that he did not choose to appear - However, appellate Court set aside the exparte decree - Interest of plaintiff is not to be prejudiced if the suit is heard on merits in accordance with law -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Wife unconditionally agreed to accompany the husband and it is the husband who refused to take her - Held, husband cannot take benefit of his own wrong to claim that marriage has irretrievably broken down to claim the decree of divorce...........
Hindu Law -- Partition - Minors through mother filed suit for partition - Father sold property during pendency of suit - Trial Court passed preliminary decree holding that two plaintiffs and father is entitled to 1/3rd share each and that plaintiffs are entitled to separate possession of 2/3rd share after division - Sale executed, held, binding only on father and not on..........
Civil Procedure Code, 1908, Section 39(4) -- Execution - Transfer of decree to another Court against one of the J.D's - Transferee Court has no jurisdiction to execute the decree as against other J.D's...........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Transfer of decree to another Court - Transferee Court cannot attach salary of a J.D. when his Disbursing Officer is not within jurisdiction of that Court...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Requirements for applicability of the principle of lis pendens are : (a) A suit or a proceeding in which any right to immovable property is directly and specifically in question must be pending; (b) The suit or proceeding shall not be a collusive one; and (c) The property which is subject matter of dispute during..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Pendency of a suit or a proceeding - Principle of lis pendens apply not only upto the stage of passing of final decree by trial Court or by last Court of appeal but also applies upto the stage of complete satisfaction or discharge of such decree or order or otherwise becomes un-executable...........
