...person or property, outside the local limits of its jurisdiction. It is pertinent to note that Section 18(3) of the Family Court Act, is in pari materia with Section 38 of the CPC. ...the Family Court Act is the verbatim reproduction of Section 38 of CPC. As per both provisions, a decree or order may be executed, either by the court, which passed it or by the Court, to which it is...and the court to which it is sent for execution. But, the jurisdiction, conferred to the court which passed the decree under Section 38, is regulated by various provisions under Section 39 of CPC....

...Section 446 of the Companies Act, can be executed by this Court even though there is no order of transfer as required under Section...order produced before the Court for an execution. But the learned Munsiff has said unless there is transfer as contemplated under Section 38 of the CPC, the Court has no jurisdiction to execute the...Section 38 of the CPC, and Order 21 Rules 4 and 5 of the Civil Procedure Code and get the order first transferred by the Court which made it to the Court which is to enforce it a...

...pertinent to note that Section 18(3) of the Family Court Act, is in pari materia with Section 38 of the CPC. Section 18(3) of the Family Court Act is the verbatim reproduction ..., conferred to the court which passed the decree under Section 38, is regulated by various provisions under Section 39 of CPC.8. It is to be borne in mind that Section 39(4) was introduced...statute book, by way of amendment, when Section 38 of CPC was already in existence. Therefore, we hold that Section 38 of CPC is subject to Section 39(4) ...

...the subject matter of the decree is transferred, acquires inherent jurisdiction to entertain the execution petition, notwithstanding section 38 of the cpc. It was further held in the order dated 28th...Court and whereupon only the execution application could be entertained by this Court. Reliance in this regard was also placed on section 38 of the cpc providing that the decree may be executed either...entertain the suit.19. section 38 of the cpc applies only to a decree passed by the Court. In the present case no Court has passed the decree. What is to be the position in such cases...

...against which the decree is sought to be enforced is situated. That court in my view would have inherent jurisdiction to execute the decree and in the absence of applicability of mandate of Section 38 ...noticed that the Delhi High Court in Para 25 of the judgment observed as under:—“In this regard the addition of sub-section (4) to Section 39 vide CPC Amendment Act...The Judgment of the Court was delivered byMahesh Bhagwati, J.:— Challenge in this writ petition is to the order dated 29th August, 2011, whereby the learned District Judge...

...Bhargava vs. Bharat Bhushan Bhargava and others1wherein the Hon'ble Apex Court discussed with regard to Section 38 and 39 of CPC. The counsel brought to...notice of this Court paragraph 7 of the judgment wherein discussion was made in respect of Section 38 of CPC which provides that decree may be executed either by the court which passed it...- court to which it is sent for execution. Having considered the principles laid down in the judgment, there is no dispute with regard to the ratio of the judgment as well as Section 38 and 39 ...

...entertain petition for execution of decree passed by it under Section 38 of CPC. Hence, it cannot be said the Court in which execution petition is pending lacks jurisdiction to entertain execution...Executing Court. 6. It is settled law that Executing Court has got power to decide the question of executability and nullity of the decree under Section 47 of CPC...on Section 10(1) of Tamil Nadu Buildings Lease and Rent Control Act submitted that a tenant cannot be evicted in execution of decree except by provisions of said Act...

...made.Considering identical question, the Division Bench of Delhi High Court in Daelim Industrial Co. Ltd. (supra) observed as under:“19. Section 38 of the CPC applies...situated. That court in my view would have inherent jurisdiction to execute the decree and in the absence of applicability of mandate of Section 38 of CPC, pedantic insistence on first ap...the effect that the petitioner filed execution application for enforcement of arbitral award dated 24.02.2011 under Section 36 of the Arbitration and Conciliation Act, 1996 (in short ‘the Act’). On...

...Execution No. 474/2011. On service of notice of execution proceedings, the judgment debtor entered appearance and filed an application under Section 38 CPC contending that the arbitral award cannot be...and only then Court at Mysore could enforce the award.3. The contention of the Judgment Debtor was rejected by the Executing Court on the ground that Section 38 CPC applies to a case where a decree i.... Therefore let me examine these provisions before going into merits of the case.6. Section 38 of CPC deals with Courts by which decree may be executed and the same reads as under...

....1/32/87-JA dated 18th December, 1991 in Appendix I to the CAT Rules of Practices. In Noor Mohd. (Supra), it was held that provisions of CPC are applicable for executing the order of the Tribunal. As such, ...the CPC is also applicable which provides that by which Court decree may be executed. Section 38 of CPC reads as under : A decree may be executed either by the Court which passed...bound by the procedure laid down in CPC but this section does not override the provisions of Section 14 and does not take away from the Tribunal, the power of execution of its decree. The mode ...

...application was within the jurisdiction of a Single Member. Since the Code of Civil Procedure (“CPC” for short) applies to the Tribunal in execution proceedings, the Tribunal referred to section 38 ...subject, by itself would not imply that the execution petition would be maintainable before the Single Member. Reference of the Tribunal to section 38 of the CPC was also erroneous. Even if the...logic adopted by the Tribunal based on section 38 of the CPC. Reference to section 38 of CPC would disregard the classification of subject matters between the Single Mem...

....13. Next, it is found that in view of Section 38 of CPC a decree could be executed either by the Court which passed it or the Court to which the decree was transferred...under the Act, it was a Civil Court. It is not a Court within the meaning of Section 38 of CPC. If there is no Court, which can be said to have passed the award in this case, then it is inconceivable as...transfer the proceedings to the latter Court. For the effective working of Section 39 of CPC, in other words, there must be a Court which has passed a decree. In the context of the CPC, we are ...

...the decree, if at the time of making the application for execution of the decree it would have jurisdiction to try the said suit.] Section 38 of CPC reads as follows:...combined reading of Sections 37, 38 and 39 of CPC together with Section 21 of CPC, is necessary to apply the provisions in the case on hand. Raising jurisdiction point before the trial co...Prayer: Civil Revision Petition filed under Section 115 of CPC against the fair and decreetal order dated 09.09.2011 passed in E.P. No. 143 of 2008 in O.S. No. 58 of 1997 on...

...Execution in general. Section 38 of CPC states, Court by which decree may be executed: - “A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution....”iii. Section 41 CPC deals with ‘result of execution proceedings to be certified, which states. The Court to which a decree is sent for execution shall certify to the court which passed it...Section 41 of CPC is made obligatory.Order 21 of CPC is the Order, which deals with the different modes of execution and the procedures to be followed and also the rights ...

...decree, would have the jurisdiction to execute the decree passed by it.12. Section 38 of CPC reads as:“38. Court by which decree may be executed:— A decree may be executed...making the application for execution of the decree it would have jurisdiction to try the said suit.Therefore Section 37 CPC leaves no doubt in my mind that the Court which passed the...Section 21(1)(a) of the Karnataka Rent Control Act. An application was filed by the present defendant in the said H.R.C case under Section 29 of the Karnataka Rent Contr...

...in appeal preferred against the order dated 26.7.2003 passed by DRC. 19. As per Section 38 of CPC the decree may be executed either by Court which passed it or by Court...to which it is sent for execution. 20. Section 37 of CPC provides definition of 'Court which passed a decree'. The relevant portion of Section 37 CPC reads ...scale being drawn by each worker." 4. Petitioners preferred petition under Section 72 of Himachal Pradesh Cooperative Societies Act, 1968 before the Registrar, H.P...

...provisions of Section 38 of the CPC. In 43 IA 238,1 their Lordships of the Judicial Committee decided a similar question. There the decree had been transferred from the...the end of the judgment in which he says:Section 38 of the CPC, provides that a decree may be executed either by the Court which passes it or by the Court to which it is sent for...granting one relief and the Court which passed the decree was being asked to grant another relief. Section 38 of the CPC, and the case in 43 IA 238, were not even referred to in that case for the simple...

...provisions in the CPC relating to the execution of decrees can be applied to the extent that there is no inconsistency between the same and the provisions of the Act and the Rules. Section 38 of ...case from one Controller to another under section 24 of cpc. It is further held that such an order of transfer made by the District Judge under Section 24 CPC is without jurisdiction and a nullity...Section 99 CPC and it does not affect the jurisdiction of the Court to which the decree is transferred for execution to entertain the application for execution. (See ). For all the...

...:1. In view of the provisions of Section 38 of CPC, the Executing Court has no jurisdiction to entertain the execution petition directly, as in this case decree dated 03.03.1986 was...petitioner has placed heavy reliance upon the provisions of Section 38 of the Code of Civil Procedure and has vehemently argued that CPC envisages two situations for exe...for the purposes of Section 38 CPC in view of the explanation added to Section 37 CPC.Moreover, execution proceedings being purely a matter of procedure, the mean...

...a finding, 15 the Executing Court wrongly interpreted Section 37(b) of CPC and failed to take note of Section 38...Order XXI Rule 10 of CPC. 12. Section 38 of CPC enacts that a decree may be executed either (a) by the Court which passed it; or (b) by the Court to which it is sen.../committee. 20 15. Section 146 of CPC declares that where any proceeding may be taken or application made by or...