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...jurisdiction to execute the same as the decree was that of a foreign court and that the same had been passed ex parte. The Court accepted that contention and dismissed the execution petition on December 29, 1950...executable as it is a decree of a foreign court.3. The learned Additional District Judge rejected the objections raised by the judgment-debtors. The judgment-debtors appealed...is there any bar of limitation but it disagreed with that court and held that the decree was not executable as the court which passed the decree was a foreign court. In arriving at that conclusion it...
..., discomfited in execution, was driven to filing a regular suit for recovery of the decree amount based on the foreign judgment in his favour and indeed success attended his efforts since the trial court and....16. His second submission was that the six-year period available under Article 117 of the Indian Limitation Act for a suit upon a foreign decree had long ago expired...above.Locus Standi19. Ordinarily, a suit on foot of a foreign decree is sustainable and Section 13 CPC, sets out the...
...decree of divorce granted by a foreign court”. In one sense, this frame of the question narrows the controversy by restricting the inquiry to Hindu marriages. In another, it broadens the inquiry by opening...court is in other States tested as if it were a decree granted by foreign court. In general, a foreign decree of divorce is recognised in any other jurisdiction either on the ground, in the case of a...decree of a sister State, that the decree is entitled to full faith and credit under Article 4, Section 1, or in the case of a decree of a foreign court and in some instances a decree of a State court...
...Section 2(g) of the RDB Act.5. Section 44-A of the Code of Civil Procedure makes it clear that the foreign decree may be executed in India as if it has been passed...by the District Court. Thus the original character of a foreign decree is not of any consequence and the amount “payable under the decree or order of any Civil Court” may be treated as debt payable...the Debt Recovery Tribunal, an application for execution of a foreign decree under Section 44-A cannot.7. Before examining this contention, it would be worthwhile to take note of the...
...event, exercise of such a power by a foreign litigant would not arise. The appellant contended that the decree-holder has to proceed only against the judgment-debtor and not against the vessel and it...Admiralty Court's jurisdiction and the jurisdiction under the common law for execution of a decree of a foreign origin in view of the provisions of Section 44-A of the Code. Apart from this, the High Court...any decree under which a sum of money is payable. (See Explanation II.)39. Section 44-A thus indicates an independent right, conferred on to a foreign decree-holder...
...rendered by the Appellant to the Respondent M/s KEC International Ltd. (Corporate Debtor) having its registered office at Worli, Mumbai, independent of the foreign decree passed in favour of the Appellant...Bombay High Court seeking declaration in regard to executability of the decree passed by the foreign court in India. It noticed that since there was no reciprocating treaty with Democratic Republic of...Congo whereby a decree passed by Labour Court of Kinshasa, Congo could be executed in India, Section 44A of CPC whereunder a foreign decree could be directly executed in India was not applicable. Such...
...Indian Limitation Act for execution of a decree by the District Court would equally apply to a foreign decree of the kind...were given and the decree were deemed to have been passed by the District Court as on the date on which it was passed by the foreign Court, it would render the very reciprocal order wholly infructuous...Section 44-A of the Code of Civil Procedure mean that a foreign decree, for the purpose of execution on filing a certified copy thereof in that Court, shall be deemed to have...
...dated 1 July, 2014 relegating to file a petition for execution of a money decree dated 7 February, 2006(in excess of Rs. 20 lakhs) of a foreign Court indisputedly notified as a superior Court of a...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 territory way back on 7...the Code and after the parties being heard, arrived at the conclusion that Section 44A is an independent right conferred on a foreign decree holder for enforcement of its decree in India. It is a...
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ACT:
Execution of Decree-Transfer to a court where Indian Code of Civil Procedure not extended-If executable-Foreign decree- Foreigners' Act, 1946 (31 of 1946), s. 2(a) (iii)-Code o...foreign Court or not.
Held, that the Court at Morena not being a court, to which Indian Civil Procedure Code applied, the decree could not be transferred to it under the Indian...of foreign courts were under the Gwalior Court of which Morena was a part, not executable under s. 233 which required a suit to be brought on the basis of foreign decree under not the Madhya Bharat...
...therefore the decree was a foreign decree and could not be executed in the court at Bhir. This objection was overruled. Against that order an appeal was taken to the High Court and it was held by that Court...from the defects which a foreign ex parte decree without such submission would suffer from. The order for transfer was made at a time when the Indian Code of Civil Procedure became applicable to the...the judgment-debtor and the decree-holder is the respondent.2. The decree was passed on August 26, 1931, in Summary Suit No. 2437 of 1930 by the High Court of Bombay against three...
.... 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 Civil Procedure...whether a foreign decree from a non-reciprocating territory can ever constitute a debt was not considered by the appeal court. What remained was the learned single Judge's finding of fact that the...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 to...
...A.K Sikri, J.:— This petition raises an interesting, and at the same time an important question of law. The petitioner has obtained a foreign decree against the respondent (hereinafter...recourse. Instead on the basis of this ex-parte foreign decree, it served a demand notice dated 12th July, 1993 under Section 434 of the Companies Act, 1956 (for short ‘the Act’) requiring the company...the debt. The company has challenged the maintainability of such a petition filed on the basis of an ex-parte foreign decree contending that it is not a ‘debt’ and such a foreign decree is non est and...
...undergone an earlier marriage abroad and it was subsequently divorced under a foreign decree. It was submitted that the above said decree of divorce would not bind upon the parties in view of Section 44...A CPC and as such, there is no valid divorce of the marriage solemnized. The foreign decree of divorce cannot be accepted in view of Section 44 A CPC and hence the second marriage can only be one...into play only with respect to implementation or execution of a foreign decree or award. There will be hardly any application of Section 44 A CPC when nothing is left out to be executed or implemented...
...Jaganmohan Reddi, J.:— The question before the Full Bench is, whether the decree sought to be executed by the appellant is a foreign decree and whether, after the inauguration of the...obtained fay the appellant was an ex parte decree and being a foreign decree, it could not be executed except by way of a suit.2. Subsequently, a Bench of this Court, to which one of us was a...competent to pass a decree if the defendant was carrying on business within its jurisdiction as averred by him. The question of foreign decree therefore, in our view, does not arise on these facts and it...
...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..., since we are only dealing with the issue of limitation for filing an execution petition of a decree passed by a foreign court of a reciprocating country.5. On 5-8-2009, the...appearing for the appellant urged that the Act does not prescribe any period of limitation for execution of a foreign decree passed in a reciprocating country. He submits that in such eventuality...
...foreign court. Even if the decree was not a nullity it could be executed by a Goa court if the original decree had been approved by the Goa court under Section 50 of the Portuguese Code...for execution of the decree before the Allahabad court. It was mainly contended before this Court that the decree being that of a foreign court was a nullity and the execution application was not...Allahabad High Court had no power to execute the decree either under Section 38 or under Section 43 or 44 of the Code of Civil Procedure. Therefore, even if the decree was not a foreign decree, the decree...
...Whether interlocutory application for injunction is maintainable even before the admission of execution petition filed to execute a foreign judgment and decree is the core issue that...properties and in which case, it would not be possible to execute the foreign decree. The learned counsel by placing reliance on Order 21 Rule 22 CPC, contended that notice in an...grant leave to execute the foreign judgment and decree in Claim No. 2012 in Folio No. 1439, dated 12 June 2014, passed by the High Court of Justice, Queen's Bench, Division Commercial Court. The...
...case turns on Section 44-A of CPC and it is essentially for the proposition that a foreign decree cannot be executed under CPC if it is hit by conditions adumbrated in Section 13(a...) to (f) of CPC. It is also regarding the validity of an ex parte foreign decree. As I am not going into the merits of the proposed plaint/intended suit, I am of the view that this judgment is...factual aspects are present in the instant case. On the contrary, it is a reverse situation in the instant case. Corporate Debtor i.e, RIPL has suffered a foreign decree and the same is likely to be...
.... It is submitted by Counsel for the respondent that a decree of divorce obtained from a foreign country is required to be confirmed by the Courts in India. There is no such requirement of a foreign...decree to be confirmed by the Court in this country. The only requirement is that the decree obtained from foreign country must satisfy the requirements of section 13 of cpc. sections 13 and 14, cpc...foreign Court and was a valid decree and she had no intention to challenge the status of the husband as that of a divorcee.9. I consider that in view of above legal position and...
...applicable to the divorce is based on the domicile of the parties. The decree of divorce granted by the American court is based on the domicile. Therefore, the Indian court is free to recognize a Foreign...Civil Procedure Code. In the absence of any challenge, there is no impediment for public authorities or court to recognize divorce decree granted by the Foreign Court.3. In the light...decree of divorce, subject to any challenge, such divorce decree with reference to the parameters of Section 13 of the...