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Doctrine of Lis Pendens: TPA 1882

Doctrine of Lis Pendens: Introduction In the complex world of property law, disputes often arise over ownership, possession, or transfer of immovable assets. To ensure that justice is not undermined during litigation, the Indian legal system recognizes the Doctrine of Lis Pendens , codified under Section 52 of the Transfer of Property Act, 1882 . This doctrine, rooted in equity and public policy, prevents parties from alienating property while a case concerning it is pending in court What Does Lis Pendens Mean? The term Lis Pendens originates from Latin, meaning “pending litigation.” In simple terms, it implies that once a dispute over property has been brought before a competent court, neither party can transfer or deal with that property in a way that prejudices the rights of the other. This doctrine is not about voiding transfers but about ensuring that any such transfer remains subject to the court’s final decision . Key Ingredients of the Doctrine For the doctrine to apply, cert...

section 240 bns | bharatiya nyaya sanhita | AJAY SHARMA LAW

Section 240 of Bharatiya Nyaya Sanhita (BNS): Giving False Information Respecting an Offence Introduction TEXT OF SECTION 240 BNS-  Giving false information respecting an offence committed "— Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Explanation.—In sections 238 and 239 and in this section the word “offence” includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332. Section 240 of bharatiya nyaya sanhita...

section 239 bns | bharatiya nayaya sanhita | AJAY SHARMA LAW

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