Lis Pendens Archives

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.”

Case Briefs High Courts

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

Case Briefs Supreme Court

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.

Case Briefs High Courts

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