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...territory has been filed before the District Court. There is no material to indicate that Canada is a reciprocating territory which would enable the said foreign judgment to be enforced a...Family Court or before this Court to indicate that Canada is a reciprocating territory as far as Government of India is concerned. In the absence of any such material, there is a...which can be executed before a Court in India. The primary contention raised is that the parties are foreign nationals and the direction by the Canada Court can only be executed at Canada and not in...
...the execution petition is not maintainable as the Canada is not a reciprocating territory within the meaning of Section 44-A CPC. The respondent has not submitted certified copy of the ex....In view of the above, the revision petition is allowed and impugned orders Annexures P-6 and P-7 are hereby set aside without prejudice to the rights of the respondent to file a fresh...an exparte decree dated 23.3.2007 passed by the Court of Queen's Bench at Alberta, Judicial District of Calgary, Canada. The petitioners filed objections before the executing court on the ground that...
...to establish that it will not fall under clauses (a) to (f).6. Explanation 1 defines what is ‘reciprocating territory’ and Explanation 2 defines what is a ‘decree’. Explanation 1...by Courts in reciprocating territory. - (1) Where a certified copy of decree of any of the superior Courts of any reciprocating territory has been filed in a District Court, the decree may be exec...Section 13.Explanation 1.- ‘Reciprocating territory’ means any country or territory outside India which the Central Government may, by notification in the official Gazette, declare to be a...
...since it is not a decree passed by a superior court of a reciprocating territory.
4. Meanwhile, the Central Government issued and published the notification dated 17.0...execution of decrees of both countries and therefore, U.A.E is a reciprocating territory for the purposes of Section 44A of the Code and the execution petition filed by the respondent is maintainable...06.12.2015. On those dates, U.A.E or Dubai was not a reciprocating country or territory. It is only as per the notification dated 17.01.2020 that the Central Government declared U.A.E as a...
...property passing on the death of the deceased is situate in a non-reciprocating country and the Controller is satisfied that by reason of such death any duty is payable in that country in respect of...its duty (as otherwise computed) as is attributable to that property a credit (not exceeding the amount of the duty so attributable) equal to so much of the duty imposed in the territory of the other...purposes of the Act. Section 49 of the Act contradicts the stand taken by Mr Sharma. This section applies where any property passing on the death of the deceased is situate in a non-reciprocating country...
...in a reciprocating territory. A reference in this connection to Section 44 A Explanation 1 of the Code of Civil Procedure is apposite. The respondent can levy execution...proceedings straight away only if Sulthanate of Oman is a reciprocating territory.4. The question whether Sulthanate of Oman is a reciprocating country goes to the root of ...Sulthanate of Oman is not a reciprocating territory. {See the decisions in C.V Kunhiman… v. P.M.K Idrosekutty…. [1957 KLT 1035...
...case is the live illustration before us where the decree holder was able to get a money decree of a foreign Court which is notified as a superior Court of a reciprocating ...is a superior Court of a reciprocating territory(namely, United Kingdom of Great Britain and Northern Island) notified under Section 44A of the Code vide Notification No. SRO 399 dated 1 March, 1953...entertain a petition for executing a money decree(in excess of Rs. 20 lakhs) of a foreign Court which is notified as a superior Court of reciprocating territory under Section 44A of the C...
...Legislature of that State had prescribed the rate of sales tax. The central sales tax in respect of the territory of a State is ultimately assigned to that State under Article 269 of the Constitution..., whichever is higher;and for the purpose of making any such calculation any such dealer shall be deemed to be a dealer liable to pay tax under the sales...authorised officer of the Government.”3. It has been argued on behalf of the appellants that the fixation of rate of tax is a legislative function and as the...
...accordingly is whether it was within the power of the Dominion Parliament to pass such legislation purporting to operate to a distance of 12 miles from the coast of Canada. To test this question the respondent...territories. To what distance seaward the territory of a State is to be taken as extending is a question of international law upon which their Lordships do not deem it necessary or proper to pronounce. But...enact laws affecting the seas surrounding its coasts to a distance seaward which exceeds the ordinary limits of its territory. There is the weighty authority to this effect of Lord Stowell, who, when...
...(Premson Mecheri Anto).7. It is further stated that Canada is included in the list of reciprocating territory, as envisaged in Explanation I to Sec.44A of the Code of Civil...appreciate this, it is appropriate to have a look at Section 44-A CPC“44-A. Execution of decrees passed by courts in reciprocating territory.—(1) Where a cer...as the explanation with regard to reciprocal territory is concerned, there is no dispute that England is a reciprocating territory for the purpose of above section. Section 44-A ...
.... Sheth's submission is that this is ostensibly a decree or a judgment of a foreign court in a non-reciprocating territory. Under Section 13 of the Code of Civi...Comp Cas 286 Gau is, however, one where there was a decree of a court in a non-reciprocating foreign territory. It was contended by the appellant-company (the original respondent...court. What that section provides is, therefore, substantive law, not mere procedure.9 Now Section 13 makes no distinction between judgments of a court in a reciprocating territory and those of courts in...
...which execution could only be had if the territory in which the decree in question was passed has become, by an arrangement between the two Dominions, a reciprocating territory within the meaning of S...The question in this case is whether the District Court of Coimbatore in the Dominion of India has power to execute, after the 15th August 1947, a decree passed by the Court of Small...below held that he had the power. The learned District Judge is obviously wrong. After the appointed day the judgment of the Court at Karachi passed before then became a foreign judgment in respect of...
...foreign decree of a reciprocating country in India?” is the short but interesting question which arises for decision in this case.2. Vysya Bank, which is the predecessor...to file an execution petition arises only when a petition is filed under Section 44-A CPC which provides that a decree passed by a court in a reciprocating country should be treated as an...Courts in reciprocating territory.—(1) Where a certified copy of a decree of any of the superior courts of any reciprocating territory has been filed in a District Court, the decree may b...
...(2) it would be clear that if a term is not defined in the agreement and in the instant case royalty was not defined it will have the meaning which it has under the laws in force in that territory...be taxed in the territory in which the property is situated. Similarly, royalty included under article IX is royalty from the operation of a mine, quarry or any other extraction of natural resources...be covered by article III. This income would not be subject to tax in the absence of a permanent establishment of the enterprise in the territory of India. It is not possible to accept that income...
...Judicial and Extrajudicial Documents in Civil or Commercial Matters.4. Section 44A CPC provides for execution of decrees passed by Courts in reciprocating territory. A reciprocating country...has been defined to mean a country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of..., therefore, exclusively deals with the execution of the decrees passed by a foreign Court in a reciprocating territory within the meaning thereof.5. Section 45 CPC relates to execution of...
...explanation with regard to reciprocal territory is concerned, there is no dispute that England is a reciprocating territory for the purpose of above section. Section 44-A CPC ind...Kingdom is a reciprocating territory and the High Court of Justice, Chancery Division, England being a recognised superior court in England. Therefore, the order passed by that Court is executable...decree and hence it is not executable. It is no doubt correct, Section 44-A CPC deals with “execution of decrees passed by courts in reciprocating territory”. Before we further decide this issue it ...
...Instance, is not mentioned in the notification.14. Section 44-A of the C.P.C contains two requirements. Firstly, the place where the decree is passed must be a reciprocating ...does not even arise. There may well be more than one Superior Court in a territory. It is not necessary that reciprocity is accorded to all the Superior Courts of a reciprocating ...India. Therefore, unless and until they are Superior Courts in a Reciprocating Territory, there is no question of implementing and enforcing their decrees in India is the basis of the above principle...
..., what is it for execution by that Court of a foreign judgment of a superior Court in a reciprocating territory. The District Judge held that Article 183 of the Limitation Act, ...declaring the Federation of Malaya to be a reciprocating territory. Learned Counsel argues that though Section 44-A does not by itself provide for limitation for execution, it is settled that by...Explanation is not any decree or judgment of a superior Court in the reciprocating territory but is confined to a decree or judgment for money. Even then the money payable under the foreign decree...
...that Section 44A of CPC will apply to the proceedings before this Tribunal however, Section 44 A of CPC is applicable only on those cases where the decree has been passed by a Reciprocating Territory...is not listed as a Reciprocating Territory in the Notification of the Central Government. Moreover, no document has been placed on record by the Applicant Bank to show that United States of America is...between India and United States of America.
29. Therefore, in terms of provision of Section 44A of CPC, since the United State of America is not a reciprocating territory...
...that Section 44A of CPC will apply to the proceedings before this Tribunal however, Section 44 A of CPC is applicable only on those cases where the decree has been passed by a Reciprocating Territory...is not listed as a Reciprocating Territory in the Notification of the Central Government. Moreover, no document has been placed on record by the Applicant Bank to show that United States of America is...between India and United States of America.
29. Therefore, in terms of provision of Section 44A of CPC, since the United State of America is not a reciprocating territory...