advocatemmmohan
Government of Karnataka
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 there is an arbitration clause in contract agreement – No – aggrieved party remedy is only civil court = = M/s. P. Dasaratharama Reddy Complex … Appellant versus Government of Karnataka and another … Respondents – http://judis.nic.in/supremecourt/imgst.aspx?filename=40902
Whether there is an arbitration clause in contract agreement – No – aggrieved party remedy is only civil court = Leave granted in SLP (C) Nos. 16117 of 2004, 17147 of 2004, 24655 of 2004, 26073 of 2004, 5951 of 2006, 12552 of 2006, 12553 of 2006, 8597 of … Continue reading
suit for specific performance of compromise order = compromise was arrived at, whereby, the respondent No.2 agreed to re-convey the land to the extent of 1.16 acres to the appellant. This was on the condition that the respondent No.2 would use the remaining 1 acre land for building the administrative block. The appellant was also required to use the re-conveyed parcel of land for industrial purposes. = Thus, there was no breach of the compromise on the part of the Government which would necessitate her to file a suit for specific performance. Once it is held that the Government retracted its steps well in time, there could not be any decree of specific performance based on the alleged breach of the compromise. ; non-issue of the notice under Section 80 could not be permitted to be raised for the first time in the second appeal, when this contention was not raised seriously at any stage earlier.
publisehd in http://judis.nic.in/supremecourt/imgst.aspx?filename=40721 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1361 OF 2006 Tarabai (Dead) Through L.Rs. … Appellant (s) Versus Govt. of Karnataka & Ors. … Respondent (s) WITH CIVIL APPEAL NO.3789-3791 OF 2007 J U D G E M E N T H.L. Gokhale J. These appeals are … Continue reading
advocatemmmohan 