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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 and executed...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 clear bar of jurisdiction...certified copy of the decree of any of the Superior Court in any reciprocating territory. Section 44 A reads as under:44-A. Execution of decrees passed by Courts in reciprocating...
...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-parte...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...Alberta, Judicial District of Calgary, Canada, has been set aside.Since the present revision petition has been filed by the petitioners against the dismissal of objections against the ex...
...(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 Procedure, 1908. Ther...foreign court in a reciprocating territory as understood in Sec.44A of the C.P.C., and explanations appended thereto have been considered in detail in paras 20 to 24 of the above said judgment of the Apex...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 certified copy of a...
...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 executed...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...reciprocating territory for the purposes of this section; and ‘Superior Courts’, with reference to any such territory, means such Courts as may be specified in the said notification...
...R. Narayana Pisharadi, J.:— Whether the notification dated 17.01.2020 issued by the Central Government, declaring United Arab Emirates to be a reciprocating territory for...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 17.01.2020...in the official Gazette declaring United Arab Emirates to be a reciprocating territory for the purposes of Section 44A of the Code.
5. On 05.03.2020, the petitioner filed...
...administering foreign property and thus allowable under Section 48 of the Act. While Section 30 applies to the case of a reciprocating country, Section 49 provides for allowances for duty paid in a non...-reciprocating country. Sections 30, 48 and 49 may be reproduced as under:“30. The Central Government may enter into an agreement with the Government of any...reciprocating country for the avoidance or relief of double taxation with respect to estate duty leviable under this Act and under the corresponding law in force in the reciprocating country and may, by...
...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 the jurisdiction...Sulthanate of Oman is not a reciprocating territory. {See the decisions in C.V Kunhiman… v. P.M.K Idrosekutty…. [1957 KLT 1035...
...reciprocating territory before the District Court in view of Section 44A of the Civil Procedure Code, 1908 (hereinafter being referred to as the “Code”).3. It is an old saying...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...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...
...the territory of the Dominion of Canada and the waters adjacent to the Dominion within three marine miles thereof in case of any vessel and within 12 marine miles thereof in the case of any vessel...dutiable goods, the vessel and cargo were seized and taken into port.
The validity of the seizure, which was effected in pursuance of powers conferred by the Customs Act of Canada..., Revised Statutes of Canada 1927, c. 42, as amended by 18 and 19 Geo. 5, c. 16, is challenged in the present proceedings on the broad ground that the Parliament of the Dominion in conferring the powers...
...the case of B. Shama Rao v. Union Territory Of Pondicherry . AIR 1967 SC 1480, (1967) 2 SCR 650, (1967) 20 STC 215 and...that contained in Section 8(2)(b) of the Central Sales Tax Act. In Shama Rao case the Legislative Assembly for the Union Territory of Pondicherry passed the Pondicherry General Sales Tax Act which was...Pondicherry case the provisions of the Madras Act along with the subsequent amendments were made applicable to an area which was within the Union Territory of Pondicherry and not in Madras State. As...
...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...
.... 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...
...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 be executed in...of the exceptions specified in clauses (a) to (f) of 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 reciprocating territory for the purposes of this section; and “superior courts”, with reference to any such...
...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...
...reciprocating territory within section 44-A of the Code of Civil Procedure. Secondly, he submitted that in any event the Court of First Instance of Hong Kong Special Administrative...-A. Execution of decree passed by 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...specified in Clauses (a) to (f) of section 13.Explanation I: “Reciprocating territory” means any country or territory outside India which the Central Government may, by notification in the...
...placed on the ruling of the Supreme Court of Canada. In the alternative, it is submitted that even if it is accepted, that amounts are royalty as defined under section 9(1)(vi) of the..., have the meaning which it has under the laws in force in that territory relating to the taxes which are the subject of this agreement.Article III(1) Subject to the...provisions of paragraph (3) above, tax shall not be levied in one of the territories on the industrial or commercial profits of an enterprise of the other territory unless profits are derived in the first...
...-A. Execution of decrees passed by 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 that the decree falls within any of the exceptions specified in clauses (a) to (f) of 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 reciprocating territory for the purposes of this section; and “superior...
...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...territory.-
(1) Where a certified copy of a decree of any of the superior Courts of {The words "the United Kingdom or " omitted by Act 71 of 1952, s.2.} any reciprocating...notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section ; and
"superior Courts", with reference to any such 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...territory.-
(1) Where a certified copy of a decree of any of the superior Courts of {The words "the United Kingdom or " omitted by Act 71 of 1952, s.2.} any reciprocating...notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section ; and
"superior Courts", with reference to any such territory...
..., 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, 1908...applicable if the judgment sought to be executed in India was not one rendered by a Court established by Royal Character in the foreign reciprocating territory. Before us the arguments for the respondent...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...