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1 - 5 of 5 (0.16 seconds)Nagubai Ammal & Others vs B. Shama Rao & Others on 26 April, 1956
The broad purpose of Section 52 is to maintain the status quo unaffected by the Act to the parties to the litigation pending its determination, The applicability of the. section cannot depend on matters of proof or the strength or weakness of the case on one side or the other in a bona fide proceeding. To apply any such test is to misconceive the object of enactment: Nagubai Animal v. B. Shama Rao, 1956 S.C.Rule 451: (S) AIR 1956 S. C. 593 (C); Gouri Dutt v. Sukur Mohammed, AIR 1948 P. C. 147: 75 Ind. App.
Gouri Dutt Maharaj vs Sheikh Sukur Mohammed on 6 April, 1948
The broad purpose of Section 52 is to maintain the status quo unaffected by the Act to the parties to the litigation pending its determination, The applicability of the. section cannot depend on matters of proof or the strength or weakness of the case on one side or the other in a bona fide proceeding. To apply any such test is to misconceive the object of enactment: Nagubai Animal v. B. Shama Rao, 1956 S.C.Rule 451: (S) AIR 1956 S. C. 593 (C); Gouri Dutt v. Sukur Mohammed, AIR 1948 P. C. 147: 75 Ind. App.
Faiyaz Husain Khan vs Munshi Prag Narain on 21 March, 1907
165 (D); and, Faiyaz Husain Khan v. Munshi prag Narain, 34 Ind. App. 102 (PC) CE).
Nilakant Banerjee vs Chunder Nath Mullick And Ors. on 16 March, 1882
10. Section 52 is limited by Section 2(d), and, strictly speaking, does not apply to court sales. But, it is now settled law that though the section itself by its express terms may not apply to an involuntary alienation, the principle of lis pendens applies to such an alienation. The strong weight of authority, though not in express language of the section is in favour of the view that the doctrine bf lis pendens applies to execution sales as well: Nilakant Banerji v. Suresh Chunder 12 Ind. App.
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