<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1941 (8) TMI 21 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=198352</link>
    <description>Proceedings under Section 51 of the Madras Co-operative Societies Act, 1932 were treated as a substitute for a civil suit, so the Registrar and the arbitrator were regarded as a court for the purposes of the doctrine of lis pendens under Section 52 of the Transfer of Property Act. The term &quot;order&quot; in Section 52 was read broadly to include the statutory decision made in those proceedings. Because the mortgage was taken after the dispute had already been referred and the property was directly in issue, the transfer remained subject to the rights determined in the pending proceedings, and the later alienation could not prevail. The plaintiff&#039;s mortgage was therefore ineffective against the rights declared in the Registrar&#039;s decision and the arbitrator&#039;s award.</description>
    <language>en-us</language>
    <pubDate>Thu, 14 Aug 1941 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 30 Jan 2018 10:08:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=506513" rel="self" type="application/rss+xml"/>
    <item>
      <title>1941 (8) TMI 21 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=198352</link>
      <description>Proceedings under Section 51 of the Madras Co-operative Societies Act, 1932 were treated as a substitute for a civil suit, so the Registrar and the arbitrator were regarded as a court for the purposes of the doctrine of lis pendens under Section 52 of the Transfer of Property Act. The term &quot;order&quot; in Section 52 was read broadly to include the statutory decision made in those proceedings. Because the mortgage was taken after the dispute had already been referred and the property was directly in issue, the transfer remained subject to the rights determined in the pending proceedings, and the later alienation could not prevail. The plaintiff&#039;s mortgage was therefore ineffective against the rights declared in the Registrar&#039;s decision and the arbitrator&#039;s award.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 14 Aug 1941 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=198352</guid>
    </item>
  </channel>
</rss>