Skip to main content

Doctrine of lis pendent

 DOCTRINE OF LIS PENDENT


‘Lis suggests that ‘litigation’ and ‘pendent’ that means ‘pending’. So, lis pendent would mean ‘pending litigation’. The ism of lis pendent is expressed within the well-known maxim: pendent fatless nail pioneer, which suggests ‘during pendency of legal proceeding, nothing new ought to be introduced”. beneath this ism, the principle is that in pendency of any

suit relating to title of a property, any new interest in respect of that property shouldn't be created. Therefore, in essence, the ism of lis pendent prohibits the transfer of property unfinished legal proceeding. it's an awfully previous ism and has been in operation within the English Common Law. beneath this is the judgments within the unmovable properties were considered preponderant any alienation created by the parties throughout pendency of legal proceeding. the premise of lis pendent is ‘necessary’ instead of actual or constructive notice. it should be aforementioned that this ism relies on notice as a result of an unfinished suit is considered constructive notice of the very fact of controversial title of the property beneath legal proceeding. Therefore, somebody handling that property, unfinished legal proceeding, should be sure by the choice of the Court. however, the right read is that lis pendent is supported on ‘necessity’. For administration of justice, it's necessary that whereas any suit continues to be unfinished in a very Court of law relating to title of a property, the litigants shouldn't be allowed to require call and transfer the controversial property. Lis pendent is, therefore, supported ‘necessity’ and as a matter of public policy it prevents the parties from taking away a controversial property in such manner on interfere with Court’s proceedings. the premise of the ism is explained in Bellamy v. Sabine River Turner, LJ: “It is, as I think, an ism common to the Courts each of law and Equity and rests as I apprehend, on the inspiration that it might plainly be not possible that any action or suit may be delivered to a no-hit termination, if alienations pendent fatless were allowable to prevail. The complainant would be liable in each case to be defeated by the defendants antagonistic before the judgment or decree, and would be driven to start his proceedings First State novo, subject once more to be defeated by identical course of proceedings.” The rule contained in Section fifty-two of the Transfer of Property Act is, however, not supported the ism of notice, however on expedience. The lis pendent rule doesn't annul the transfer however renders it subservient to the rights of the parties to the legal proceeding. per this rule, therefore, whosoever purchases a property throughout the pendency of a suit is sure by the judgment that will be created against the person from whom he derived title, despite the fact that such a buyer wasn't a celebration to the action or had no notice of the unfinished legal proceeding. Section fifty-two embodies the ism of lies pendent (pending legal proceeding) as expressed within the maxim Ut fatless pendent nail innoveteur which suggests nothing new ought to be introduced in unfinished litigation. As a principal equity, justice and smart conscience, this rule applies even wherever the Act doesn't apply.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more