In India, the Transfer of Property Act, 1882, Section 52, recognizes the lis pendens doctrine. It reflects litigation is currently ongoing when the phrase lis pendens is used. The maxim ‘ut lite pendent nihil innovateur’, which says nothing new should be added during the pendency of litigation, expresses the doctrine of lis pendens. Let’s understand…
View details“Service is the Rent we pay for the Privilege of Living on this Earth.” Introduction A security deposit is an amount that a tenant pays to the landlord at the start of the tenancy. The sum that a tenant gives the landlord as a security deposit is paid at the beginning of the tenancy. It is…
View detailsIntroduction: An agreement made to restrict a person’s right to legal proceedings or limit the time for filing a suit is void. But the section that declares these types of agreements has an exception that allows restricting the jurisdiction to one court and enforcement of any legal proceeding in a court of law if parties…
View detailsMEANING Generally speaking, easement refers to the property right by way of nonpossessory interest held by someone to use the facilities on a certain premise for a certain purpose without any legal entitlement. According to Halsbury’ Laws of England, an easement is “a right annexed to land, to utilize other land of different ownership…
View detailsMEANING OF MORTGAGE Mortgage is an agreement of transaction between a borrower and a lender where lender provides loan to the borrower against the security on an immovable property on a condition that in case of failure of repayment of the barrowed money including the interest if any the lender is entitled to take the…
View detailsAn easement is the right of a property owner to compel the owner of another property to allow or refrain from doing something on a secondary element for the benefit of the dominant tenement. For example – right of way, right of light, right of air etc.A right in rem is almost like a privilege,…
View detailsIntroductionThe term “mortgage” is derived from a French phrase that was used in medieval Britain and meant “death pledge,” which refers to a pledge that expires (dies) when the debt is paid off or the property is seized through foreclosure. From 1190 onward, the concept of a mortgage originated in England and spread throughout the…
View detailsIntroductionA gift deed is a legal document that is used when someone wants to give their money or property to someone else. A gift of property may be made in the name of any person who is alive at the time the gift is made. During the donor’s lifetime, the donee or anyone else on…
View detailsIntroduction:A geographical indication (GI) is a tag given on products having a definite geographical origin andpossesses such qualities the qualities, characteristics or reputation due to their origin. A sign must bevalidated in order to identify a product as a GI. Protection for a geographical indication is usuallyguaranteed by acquiring a right over the sign that…
View detailsIntroduction:Geographical Indication (GI) is a tag given on products having a specified geographic origin and itpossesses certain features which signify that the product is indigenous in nature. The statute thatgoverns this domain is Geographical Indications of Goods (Registration and Protection) Act, 1999which ensures protection of the traditional culture and provides benefits to the artisans, weaversand…
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