Separate Suit challenging auction sale by Transferee Pendente Lite not maintainable: Supreme Court
“A transferee pendente lite takes the property subject to the outcome of the proceedings, irrespective of notice or bona fides.”
Lis Pendens
Revisional authority cannot reject condonation of delay application merely because matter reserved for orders: Bombay High Court
“The revisional authority ought to have examined whether sufficient cause existed. Instead, it declined to consider the application merely on a technical ground.”
Pleadings in a suit are not a ‘document’ or ‘Instrument’; Cannot be registered by authorities or entered in the encumbrance certificate: Madras HC
“Pleadings by themselves do not meet the requirements under Section 17 or Section 18 of the Registration Act, 1908 for registration, nor do they satisfy the definition of an “instrument” under Section 2(14) of the Stamp Act, 1899.”
Whether Doctrine of lis pendens applicable on in-service contracts? Delhi High Court answers
Section 52 of the Transfer of Property Act is an expression of the principle “pending a litigation nothing new should be introduced”. It provides that pendente lite, neither party to the litigation, in which any right to immovable property is in question, can alienate or otherwise deal with such property so as to affect his appointment
Non-impleading of all legal representatives won’t abate the suit if the estate of the deceased is substantially represented by other defendants
Placing its reliance on Bhurey Khan v Yaseen Khan 1995 Supp (3) SCC 331, the Bench stated that the suit will not abate for the reason of non-substitution of all legal representatives of the deceased if the suit was substantially represented.
Ori HC | Power of judicial review will not be permitted to be invoked to protect private interest at the cost of public interest or to decide contractual disputes
Orissa High Court: B.P. Routray J. dismissed the petition on the ground that cancellation of the tender cannot be said to have