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Decree

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Sec.59,100 of T.P. Act Charge – Deposit of Title Deeds – Mortgage – mere undertaking not to sale the property till the discharge of loan with out registration does not create any charge over the properties of JDr against the loan – the decree is only simple money decree – Suit for cancellation of decree obtained by wife against Jdr – is liable to be dismissed even though the decree is collusive one as the Finance Corporation does not hold Registered Charge over the properties = =Haryana Financial Corporation …. Appellant Verses Gurcharan Singh & Anr. …. Respondents = Published in judis.nic.in/supremecourt/filename=41086

Sec.59,100 of T.P. Act Charge – Deposit of Title Deeds – Mortgage – mere undertaking not to sale the property till the discharge of loan with out registration does not create any charge over the properties of JDr against the loan – the decree is only simple money decree – Suit for cancellation of decree … Continue reading

Section 52 of the Transfer of Property Act 1882. Doctrine of lis pendens is based on legal maxim ‘ut lite pendente nihil innovetur’ (During a litigation nothing new should be introduced). A transferee pendente lite is bound by the decree just as much as he was a party to the suit. A litigating party is exempted from taking notice of a title acquired during the pendency of the litigation. = KN Aswathnarayana Setty (D) Tr. LRs. & Ors. …Petitioners Versus State of Karnataka & Ors. …Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41041

Section  52  of  the Transfer of Property Act 1882.     Doctrine of lis  pendens  is  based      on  legal  maxim  ‘ut  lite  pendente nihil innovetur’ (During a litigation nothing new  should  be         introduced). A transferee pendente lite is bound  by  the         decree just as much as he was a … Continue reading

whether a suit filed seeking a declaration that a will and a sale deed are void, resulting their cancellation, will fall u/s. 7(iv-A) of the Court Fees Act, 1870, as amended by the U.P. Amendment Act (Act XIX of 1938) or Article 17(iii) of Schedule II of the Court Fees Act, 1870 for the purpose of valuation. = Shailendra Bhardwaj & Others .. Appellants Versus Chandra Pal & Another .. Respondents = Published in http://judis.nic.in/supremecourt/helddis.aspx

COURT FEES ACT, 1870:     s.7(iv-A) and Articles 17(iii) as amended by U.P. Act, 19 of 1938 – Suit for declaration of a will and a sale deed as null and void and for cancellation thereof – Court fee payable – Held: The suit having been filed after death of testator, suit property covered … Continue reading

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