cover image: The All India Reporter  1937 - Journal Section  Containing Short Notes and Comments  Original Articles  Critical Notes  Imperial Acts  Review of Books etc.  Citation: A.I.R. 1937 Journal

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The All India Reporter 1937 - Journal Section Containing Short Notes and Comments Original Articles Critical Notes Imperial Acts Review of Books etc. Citation: A.I.R. 1937 Journal

1937

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
law
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

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