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    <title>1972 (4) TMI 102 - Supreme Court</title>
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    <description>Order IV Rule 28 of the Madras High Court Appellate Side Rules was treated as a procedural requirement governing the manner and timing of an application for a certificate of fitness for further appeal, not as a restriction on the Letters Patent appellate power; it was therefore not ultra vires. On lis pendens, the Court stated that section 52 of the Transfer of Property Act applies to pendente lite dealings affecting rights in immovable property, so the voluntary sale deed was hit by lis pendens. The revenue sale, however, was protected only to the extent of the land subject to the pre-existing statutory charge under the Land Improvement Loans Act, and separation of that property was justified.</description>
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    <pubDate>Wed, 12 Apr 1972 00:00:00 +0530</pubDate>
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      <title>1972 (4) TMI 102 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=191912</link>
      <description>Order IV Rule 28 of the Madras High Court Appellate Side Rules was treated as a procedural requirement governing the manner and timing of an application for a certificate of fitness for further appeal, not as a restriction on the Letters Patent appellate power; it was therefore not ultra vires. On lis pendens, the Court stated that section 52 of the Transfer of Property Act applies to pendente lite dealings affecting rights in immovable property, so the voluntary sale deed was hit by lis pendens. The revenue sale, however, was protected only to the extent of the land subject to the pre-existing statutory charge under the Land Improvement Loans Act, and separation of that property was justified.</description>
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      <pubDate>Wed, 12 Apr 1972 00:00:00 +0530</pubDate>
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