JUDICIARY MY DREAM

Fraudulent Transfer   This article discusses fraudulent transfer. The term fraudulently has been explained by Section 25 of the Indian Penal Code. According to it, when a thing is done by a person with the intention to defraud the other, he is said to have done that thing tly. The term defraud was explained by the Supreme Court in Dr. Vimla V. Delhi Administration. Fraudulent Transfer is dealt with under Section 53 of Transfer of Property Act, 1882. This section recognizes the need to protect the   of the creditors. The rule of equity, justice, and good conscience has been incorporated in this section. It prevents a person from defeating the legitimate claims of his creditors. Essentials of Section 53 of TPA: 53 (1): Transfer by the transferor Of immovable property   With the intention to defeat or delay his creditors The transfer is voidable at the option of the creditor defeated or delayed. Provided that there is no subsequent transferee, who Acted in g...

Overview of Doctrine of Lis Pendens- Sec 52 of TPA I.     Meaning of Lis Pendens ‘Lis’ means an action or a suit and ‘Pendens’ means pending. Hence, Lis Pendens means during the pendency of a suit. And the doctrine of of Lis Pendens may be defined as the jurisdiction or the control that courts have during the pendency of action over the property involved therein. The doctrine is based upon the ground that the decision of the court is not only pending upon the parties to the suit but also on those who derive the title during the pendency of the suit. The term ‘suit’ indicates a legal action or proceedings initiated by a person invoking the judicial mechanism set up by the state for a peaceful relief of his grievance. This doctrine is based upon the English common law maxim  “ut lite pendente nihil innovator”, it means that during the litigation no new rights should be introduced. II.    The basic ingredients of the doctrine of Lis Pendens     Litig...