No difficulty arises in the application of the doctrine of Es pendens, when a party by his voluntary act effects a transfer of, or otherwise deals with, the subject matter of the lis in a way prejudicial to the interests of the other party. [...] In the Bombay case cited above Aston, J. who delivered the judgment of the Court in quoting from an English decision enun- ciated the rule of lis pendens in the following words: Where a litigation is pending between a plain- tiff and a defendant as to the rights of a Parti- cular estate, the necessities of mankind require that the decision of the Court in the suit shall be binding not only on the [...] What I contend is, that none of the cases cited above and none that has been noted in any of the recent decisions, which are the subject of this review, lays down that the rule of lis pendens extends in its application to transfers in pursuance of decrees in rival suits in which the same property is the subject of both of them. [...] that: In the case of a sale under a mortgage the transfer has already taken place at the date of the mortgage and what follows, namely the subse- quent sale in execution of the mortgage decree, is nothing but the logical effect of a transfer which took place some time ago and not during the pen- dency of the suit by the prior mortgagee. [...] In the case of an Insurance contract, the proposal form, duly filled in and signed by the proponent, con- tains the terms on which he offers his life to be insured and the moment the policy form duly filled in and signed is issued by the Insurance Company to the proponent, the law considers the proposal as accepted and the terms contained in the proposal form take the shape of a promise to be perf
- Pages
- 215
- Published in
- India
- SARF Document ID
- sarf.100041
Segment | Pages | Author | Actions |
---|---|---|---|
Frontmatter
|
1-16 | unknown | view |
Lis Pendens in Relation to Rival Claims under Successive Mortgages
|
1-6 | D.K. Mehta | view |
The Legal Practitioner’s Lien
|
6-8 | C.V.L. Prasad Rao | view |
Under what Circumstances is an Insurance Policy not Liable to Attachment by the Creditors of the Assured ?
|
8-10 | Vishnu Shukla | view |
Foreign Commissions for the Examination of Parties
|
11-i | V. Sundaravyas | view |
Reviews
|
16-16 | unknown | view |
Interpretation of Section 92 of the Transfer of Property Act as Amended
|
17-21 | Rachuri Rao | view |
Law Relating to Contractual Capacity in India
|
21-26 | N.S. Raghavan | view |
Does the Hindu Law of Inheritance (Amendment) Act (2 of 1929) Apply only to the Madras and Bombay Schools of the Mitakshara Law ?
|
26-29 | Raj Sircar | view |
Necessity of Sanction for Prosecution by Private Persons for Offences under the Registration Act
|
29-32 | Rachury Rao | view |
Reviews
|
32-32 | unknown | view |
Consideration in Negotiable Instruments Limits of Presumption
|
33-45 | V. Vyas | view |
Law of Adoption after Bhimabai’s Case (A. I. R. 1933 P. C. 1)
|
45-48 | K. B. Gajendragadkar | view |
Reviews
|
48-48 | unknown | view |
The Doctrine of Antecedent Debt in Hindu Law
|
49-53 | Kailash Mathur | view |
The Legal Character of a Report by a Police Officer in a Non-cognizable Case
|
53-54 | T. S. Ramamurti | view |
Contracts by Minors — A. I. R. 1935 Lahore 561 (F. B.)
|
54-56 | S. Reza | view |
Reviews
|
56-56 | unknown | view |
The Law of Elections : Some Constitutional Aspects
|
57-59 | A. S. Kuppuswami | view |
The Right of a Creditor to sue both the Father and Son after Partition on a Pre-partition Personal Debt of the Father
|
60-71 | M. S. V. Chari | view |
Reviews
|
72-72 | unknown | view |
The Judicial Interpretation of the Expression “Benefit of the Estate” in Hindu Law
|
73-78 | Kailash Mathur | view |
Marriage Divorce and Legitimacy
|
78-80 | K.R.R. Sastry | view |
Adoption among Marwari Agrawals
|
80-83 | Chiranjilal Agarwal | view |
The Conduct of Cross-Word Puzzles Is it Unlawful and Illegal ?
|
83-iii | S. Iyengar | view |
Reviews
|
88-88 | unknown | view |
B. K. Parameswaramma v. M. Venkataramayya : A. I. R. 1936 Mad. 698
|
91-93 | Mazumdar Rao | view |
An Interesting Point in Section 256 Criminal P. C.
|
94-95 | P. N. Subramanyan | view |
Is Excise Officer a Police Officer? A Critical Note on 18 S. L. R. 75 A. I. R. 1925 Sind 70
|
95-i | Atmaram Kirpalani | view |
Reviews
|
96-96 | unknown | view |
Vedic Marriage v. Civil Marriage
|
97-99 | K. B. Gajendragadkar | view |
Signatures of Arbitrators on the Award
|
99-102 | Badri Sinha | view |
The Government of India Act 1935
|
102-104 | Kishan | view |
Sir D. F. Mulla on Rights of Widows of Gotraja Sapindas under Mayukha
|
104-107 | Krishnalal Joshi | view |
The Hindu Women’s Rights to Property Act 1937. A Short Glance
|
107-109 | Raghunath Singh | view |
The Accused and the Dock
|
109-109 | S. R. Sampathiayengar | view |
Criticism of Act 18 of 1937
|
110-110 | A. Rao | view |
Selection of Magistrate under Section 436 Criminal P. C.
|
110-i | Murli Vyas | view |
Reviews
|
112-112 | unknown | view |
Judicially Noticed Defects in S. 5 Court-Fees Act
|
113-115 | T.L.N. Rao | view |
Jurisdiction Over Non-resident Foreigners in Personal Actions
|
115-116 | C. Chandra Moulesvar | view |
Application of O. 23 R. 1 Civil P. C. to Partition Suits
|
117-ii | Rachuri Rao | view |
Reviews
|
119-120 | unknown | view |
Judicial Recognition of Mortgages of Occupancy and other Non-transferable Holdings in the United Provinces
|
123-125 | Gajadhar Bhargava | view |
Can an Illiterate Person Attest a Document under the Transfer of Property Act ?
|
125-129 | Badri Sinha | view |
Reform of the Legal System and Improvement of the Condition of the Bar
|
130-134 | V.S.V. | view |
Mortgage by Conditional Sale versus Sale with a Condition of Re-Purchase
|
134-iv | C. V. L. Prasad Rau | view |
Reviews
|
135-136 | unknown | view |
Remedy Against Guardian for Cooking of Accounts
|
140-ii | Gulab Sinha | view |
Review
|
144-144 | unknown | view |
Vidya Varuthy to Ponnambala (i. e. A. I. R. 1922 P. C. 123 to A. I. R. 1936 P. C. 183)
|
146-158 | V. Vyas | view |
Who are Lineal Descendants ?
|
159-159 | K. B. Gajendragadkar | view |
A Criticism of A. I. R. 1932 Oudh 27
|
159-160 | Sarju Prasad | view |
Reviews
|
160-160 | unknown | view |