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Showing posts with label S 52 of transfer of property Act. Show all posts
Showing posts with label S 52 of transfer of property Act. Show all posts
Tuesday, 28 April 2026

Execution of decree and obstruction to its execution

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 Execution is the process by which a decree-holder enforces a decree through the civil court. The law on execution is contained mainly in Se...
Sunday, 22 December 2024

Supreme Court: Though S.52 TP Act Doesn't Make Pendente Lite Transfer Void, Court Can Invalidate Such Sale Exercising Contempt Power

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 Thus, although Section 52 of the Act 1882 does not render a transfer pendente lite void yet the court while exercising contempt jurisdictio...
Sunday, 20 November 2022

Whether Section 52 of Transfer of Property Act operates as bar to grant of temporary injunction under Order 39 Rules 1 and 2 of CPC?

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In view of the submissions advanced, the following points arise for consideration and determination; i) Whether Section 52 of the Transfer o...
Tuesday, 1 March 2022

Is the sale deed executed by the deceased defendant's son invalid by the doctrine of lis pendens even if he was not added as a party to suit within limitation?

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LIS PENDENS 92. The Doctrine of Lis Pendens is based on the maxim “pendente lite nihil innovetur”. This means that pending litigation, nothi...
Saturday, 26 October 2019

Whether it is necessary to seek cancellation of sale deed if it was executed during pendency of suit?

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  In our opinion, when the sale deed had been executed during the pendency of suit the purchaser pendente lite is bound by the outcome of ...
Sunday, 21 July 2019

Collection of Legal maxims

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1)Actus  Reus  Non Facit Reum Nisi Mens Sit Rea Definition: Latin: conviction of a crime requires proof of a criminal act and intent.  Actus...
Sunday, 16 December 2018

Whether it is mandatory to record lis pendens in revenue record?

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We do not find that there is any error in the said decision and rather the said decision taken by the State Government, as contained in th...
Friday, 9 November 2018

Whether admission with respect to the interest which has been parted away is admissible in evidence?

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 Reliance has also been placed on Section 18 of the Evidence Act.  In the instant case, there is no admission after parting with the inter...
Thursday, 10 May 2018

Good legal article on Lis pendens( S 52 of Transfer of Property Act)

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Lis pendens means that nothing new should be introduced in  pending litigation.       Where a suit or proceeding is pending betwee...
Saturday, 10 March 2018

Whether purchaser pendente lite can be added as party in suit?

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The doctrine of lis pendens applies only where the lis is pending before a Court. Further pending the suit, the transferee is not entitled...
Sunday, 7 January 2018

Whether transfer of property by trust deed will be invalid if it was effected during pendency of suit?

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Section 52 of the Transfer of Property Act:- 29. The impact of the doctrine of lis pendens as enunciated under Section 52 of the Trans...
Saturday, 14 October 2017

Whether purchaser is subject to lis pendens even after dismissal of suit?

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It was also submitted on behalf of the appellants that the expression in section 52 of the T.P. Act “suit or proceedings” is also applicab...

Whether doctrine of lis pendens is applicable to muslim law?

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A preliminary objection has been raised on behalf of the respondents as to very applicability of doctrine of lis pendens to Mohammedan law...
Monday, 13 March 2017

Whether person claiming through judgment debtor can resist execution of decree?

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 It, therefore, follows that, when the appellants are claiming possession over the suit land on the basis of the tenancy created during p...
Sunday, 6 November 2016

When court should grant injunction restraining creation of third party interest in suit property?

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Be that as it may, Mr. Sachhar is right in contending that unless and untill a case of irreparable loss or damage is made out by a party t...

When court can grant temporary injunction restraining creation of third party interest in suit property?

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Merely because Section 52 of the Transfer of Property Act is existing and operative, it does not mean that the plaintiff is not entitled...
Wednesday, 26 February 2014

Whether rule of res judicata will prevails over doctrine of lis pendens?

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Res judicata means a matter adjudicated upon or a matter on which judgment has been pronounced. The rule of res judicata has been put on ...