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BBA LLB   23 February 2021

Cpc

Does the term "lispendens" denotes a lis pending between two private individuals or state and individuals. Can Pending of criminal case be equated with lis pendens? 

 



Learning

 5 Replies

Mansi Aggarwal   23 February 2021

Thank you for your query.

The meaning of lis pendens is a pending legal action. Lis means the suit and pendens means continuing or pending. Thi doctrine has been derived from a Latin maxim "Ut pendent nihil innovetur" which means that during litigation nothing should be changed.

This has been covered under Section 52 of the Transfer of Property Act, 1882. 

Lis pendens denotes a suit pending between two private individuals. It can only be filed if a claim is related to property and not in criminal cases.

Hope this helps you.

Dr J C Vashista (Advocate)     23 February 2021

Very well explained by Ms.Mansi Aggarwal, I agree and appreciate.

However, this platform is created to help needy litigants and not for providing any coaching. 

Gaurav Raut   25 February 2021

Yes good explanation

175B083 Mahesh P S   26 February 2021

Hello,

For more input visit:

https://www.lawyersclubindia.com/articles/doctrine-of-lis-pendens-7568.asp
 

minakshi bindhani   01 November 2021

As per the illustrated query!

The law incorporated in section 52 of the Transfer of Property Act, 1882 is based on the doctrine of lis pendens. 'Lis' means 'litigation' and 'pendens' means 'pending'.So lis Pendens would mean pending litigation. The doctrine of lis pendens is expressed in the well-known maxim: pendente lite nihil innovature, which means during the pendency of litigation, nothing new should be introduced. Under this doctrine, the principle is that during the pendency of any suit regarding the title of the property, any new interest in respect of that property should not be created.

The doctrine of lis pendens under section 52of TP Act, 1882 as laid down
a) During the pendency of the suit
b) property cannot be transferred or otherwise dealt with and
c) if so transferred, the transferee is bound by the decision of the court whether or not he had notice of the suit or proceedings.

When the doctrine of lis pendens deal with the immovable property right interest. Henceforth, it is not applicable in criminal cases.

Hope it is useful!
Regards
Minakshi Bindhani

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