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Showing posts with label lis pendens. Show all posts
Showing posts with label lis pendens. Show all posts
Saturday, 5 September 2026

Supreme Court: Purchasers pendente lite can not resist execution of a decree for specific performance of contract and possession on the ground that they were not joined in the conveyance or execution proceedings

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 It was clear as day light that the rights of the Appellants who are subsequent purchasers were subservient to the rights of the decree hold...
Monday, 24 March 2025

Supreme Court: The merger of a decree takes place irrespective of the fact as to whether the Appellate Court affirms, modifies or reverses the decree passed by the trial court

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The doctrine of merger is based on the principles of propriety in the hierarchy of justice delivery system.  The doctrine of merger does not...
Friday, 31 January 2025

Supreme Court Summarises Principles regarding rights of Transferee Pendente Lite To Get Impleaded In Suit As A Matter Of Right

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  58. From a conspectus of all the aforesaid judgments, touching upon the present aspect, broadly, the following would emerge: i. First, for...

Supreme Court Lays Down Principles : When Can Stranger To Suit Seek Leave To Appeal Against Decree?

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43. The principles governing the grant of leave to appeal may be summarised as under: i. Sections 96 and 100 of the Code of Civil Procedure ...
Sunday, 22 December 2024

Supreme Court Explains 'Henderson Doctrine' : Re-Litigation of Issues That Could Have Been Raised Earlier Is Barred

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b. The 'Henderson' Principle as a corollary of Constructive Res- Judicata. 135. The 'Henderson Principle' is a foundational ...
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, 2 May 2020

Important Notes on Transfer of property Act

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1) NOTES ON LEASES OF IMMOVABLE PROPERTY https://www.lawweb.in/2018/06/notes-on-leases-of-immovable-property.html 2) NOTES ON PART ...
Sunday, 16 February 2020

Whether eviction order secured by original tenant against landlord is binding against subsequent tenant?

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  On 16.03.2012 Fehmida secured an order for repossession. But by then, Gagan was put in possession of the property. In other words, Fehmi...
Wednesday, 30 October 2019

Bombay HC: Sale of immovable property of minor child by de facto guardian is void

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In the present case, there is no evidence to show that the father of the respondents was not taking any interest in their affairs or that...
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 ...
Wednesday, 7 August 2019

Leading Supreme Court judgments on Injunction

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1)Supreme Court: Caretaker, watchman or servant can not claim possession of property against its owner  https://www.lawweb.in/2018/01/whet...
Wednesday, 6 February 2019

Whether Mother Can Alienate Minor Son's Property When She's Not His Natural Guardian?

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 In the light of these facts, it is crystal clear that when the property inherited and owned by the plaintiff which is not a Hindu Joint ...
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 doctrine of lis pendens will apply if sale deed is executed when suit for creation of charge of maintenance on suit property is pending?

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Sri K.S. Krishnaswami Ayyangar, learned Counsel for the Appellants, did not press before us the contention urged by them in the courts belo...

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...