...or defeated would be governed by the lex situs of the debt. In the present case, since the involuntary assignment in favour of the Custodian in Pakistan occurred in 1949, when the Ordinance was...attachment or garnishment (involuntary 'assignment) governed by the lex situs of the debt. If, for example, an involuntary assignment occurs after a voluntary assignment has already beep made, the lex situs determi...whether the rights of the voluntary assignee have been postponed or defeated. If the voluntary assignment occurs first, the lex situs determines what rights, if any, the voluntary assignee...

...the law of the country (that is, lex loci or lex situs) where the property is situate. Dicey states in his work on the Conflict of Laws, 17th Edition, at page 512:“Rule 85. All rights over..., or in relation to, an immovable (land) are (subject to the exceptions hereinafter mentioned) governed by the law of the country where the immovable is situate (lex situs).”6. The...learned author states that, as a general rule, all questions that arise concerning rights over immovables (land) are governed by the law of the place where the immoveable is situate (lex situs), and that...

...doctrine of lex situs, the said authority could not have assumed jurisdiction in respect of the entire Trust. The Assistant Charity Commissioner, Bombay derived his jurisdiction from the provisions of...been determined having regard to the doctrine of lex situs. The law in this behalf, in view of the provisions of the Act and the Order, is clear and explicit. Whether in the area of international law...or the domestic law, lex situs has to be determined in the context of the proper law applicable therefor, be it in the realm of contract or otherwise. (See...

.... 146 and 147 and are all fulfilled in the present case. There is no evidence that the lex situs would prohibit the enforcement of the decree, the mortgagee is not a stranger to the equity, no question...rights in immovables are subject to the lex situs. A person's capacity to mortgage or end a mortgage right and also the formalities necessary for creating a mortgage are governed by the lex situs. See...situs and that the rule of the lex situs does not apply to contracts, that is, to transactions which impose on one party a duty to constitute, to transfer or to terminate such right. When a mortgagor...

..., and two distinct lines of thought emerge. One is that applied by the English Courts, namely, the lex situs; the other is the one favoured by Cheshire in his book on Private International Law, namely..., so far as the present case is concerned, the result is the same whether we apply the proper law of the contract or the English rules about the lex situs. It may be that in some future case this Court...considered both and have envisaged cases where perhaps a choice will have to be made.41. We gather that English judges fall back on the lex situs and make rules for...

...meant to convey or alienate land or an interest in land, but the form of such an instrument is admittedly determined by the law of the country where the land is situate (lex situs). The question..., therefore, whether a contract with regard to an immoveable is or is not, as to its form, governed by the lex situs, can arise only when the contract is not intended to be a conveyance or alienation of the...to the lex situs, which admittedly would invalidate Ex. D. In any event therefore the plaintiff is not entitled to enforce specific performance of the agreement in Ex. D.The Second...

...international law. Two distinct lines of thought emerge. One is that applied by the English courts, namely, the lex situs: the other is the one favoured by Cheshire in his book on Private International Law...law of the country in which its elements were most densely grouped and with which factually the contract was most closely connected. It is true the judges purported to apply the ‘lex situs’ but in...given by Cheshire or because the fluid English rules that centre round the ‘lex situs’ lead to the same conclusion in this class of case.”9. Therefore, the correct test, according to...

..., English law, being the lex situs, should apply to that, that being merely the cash value or proceeds of sale of immovable property situate in England; and that Dr. Krishnan was really domiciled in...acquire a domicil of choice, even then the sale proceeds of house No. 75-Wood House Road, Sheffield, should be divided according to the English law, the lex situs. In other words, the contention is...says that all rights over, or in relation to, an immovable (land) are (subject to the Exceptions hereinafter mentioned) governed by the law of the country where the immovable is situate (lex situs). At...

...indistinguishable in effect from confiscation of property, where the principle of territoriality requires one to apply the lex situs of the debt: Dicey and Morris, op.cit. Rule 120 paras 25R-001-25-013, pp...governed by the lex situs of the debts, but in at least one case regarded this as equivalent to the proper law, there being on the facts no difference.The question received a more...company's liability. This depended on whether one applied the lex situs of the debt (Cuba) or the proper law of the lease (Pennsylvania).Jenkins LJ said that the transaction was a statutory...

...better known as "lex situs". Reference may be made to the cases of In Re Russian Bank for Foreign Trade, (1933) Ch. 745 at p. 766 per Maugham J.; Re Banque des Marchands de Moscou...) . 16. But it is to be noted that in these cases of the Russian Banks the learned judges by applying the rule "lex situs" came to the conclusion that the debt the locality of which was...which can either by "he application of the rule of "lex situs" or by the application of what is known as the "proper law of the contract" be said to be properly recoverable in the Indian Union alone...

...being the lex situs and applying that law came to the conclusion that even if the mortgage — Ext. ‘E' was concurrent with and part of the same transaction as the debts which it secured, the mortgage was...of this reasoning and the application of the rule of the lex situs to a case like the present. We agree that the learned Judges were not right in the view they expressed about the applicability of...community to which he belonged: There was, in the matter of dispositions of the type we have to deal with in this case, no lex situs which could be applied irrespective of a personal law governing the owner...

...properties whether gifted or bequeathed had to be included in the list of assets. The learned Judge also held that the doctrine of lex situs also had to come within the purview of collation. Referring to...owner are subject to the law of the territory, lex situs, i.e. to say law of the country where they are situated. The right of national sovereignity does not go beyond the boundaries of the nation but...Portuguese situated outside national territory, which are, therefore subject to lex situs. 15. As seen before, Article 24 of the Code clearly provides...

...properties whether gifted or bequeathed had to be included in the list of assets. The learned Judge also held that the doctrine of lex situs also had to come within the purview of collation. Referring to...owner are subject to the law of the territory, lex situs, i.e. to say law of the country where they are situated. The right of national sovereignity does not go beyond the boundaries of the nation but...Portuguese situated outside national territory, which are, therefore subject to lex situs. 15. As seen before, Article 24 of the Code clearly provides...

...transfer of movables by gift inter vivos, but it is suggested that the validity of such transfer of property should be governed by the lex situs. The learned author referred to an interesting American...lex situs should determine whether there had been a completed gift of a tangible chattel and, had the shares been tangible chattels, Italian law, as the lex situs, would have governed. This rule for...validity of the transfer of the actual certificate was subject to the lex situs,”12. In so far as lex situs is concerned, the test indicated by the learned author runs as under...

...disputes which are clearly barred by Article 363 and the Court had no jurisdiction to decide the said issues.Lex situs47. The appellants...was held by a citizen of the country could not have been taken away by a mere executive act without the backing of a valid legislative enactment. According to the appellants, the lex situs would govern...the doctrine of lex situs. Vora Fiddali (1964) 6 SCR 461, AIR 1964 SC...

..., according to the Sale of Goods 613 Act but it was lex situs which determines the taxability of the transaction and the correct...in that State and the other where the title in the goods passes and the former is treated as the situs of the taxable event to the exclusion of the latter. Therefore where the Explanation applies the...difficulty about the situs is resolved but in a case like the present one the difficulty still remains because the explanation does not operate in the sense that the rival States claiming to tax the...

...general rule is that the lex situs is the governing law for all questions that arise with regard to immovable property; "The consent of the tribunals,' says Store, 'acting under the common law, both...the immovable is situated (lex situs). The general principle is beyond dispute, and applies to rights of every description. It is based upon obvious considerations of convenience and expediency. Any...other rule would be ineffective because in the last resort land can only de dealt with in a manner which the lex situs allows." (22) The learned District Judge has...

...has added an exception to the general principle that the lex situs must be applied in questions relating to immoveable property and this is pointed out in “Mayne on Hindu Law and Usage” (10th Edition..., page 96). The lex situs is the Succession Act and the Succession Act does not apply to a Hindu, Mahomedan, Buddhist, Sikh or Jaina even when he is domiciled outside British India. So far as such...personal law to be followed. No reason exists for making any distinction. Treating the personal law as part of the lex situs the Courts of the country of domicile are best able to decide questions of...

...pass to the English trustee in bankruptcy must depend in the last resort on the lex situs. For no Act of Parliament can of its own force and effect transfer property situated, e.g., in France, from...direct the vesting of the debtor's properties in India, at any rat, so far as immoveable properties are concerned. as the doctrine of lex situs is applicable. 10. The decision of the...