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Harshadrai O. Mody Vs. Bank of India

Court : Mumbai

Reported in : AIR2003Bom125; 2002(4)ALLMR1; 2002(6)BomCR518; (2003)1BOMLR780; [2003]115CompCas97(Bom); 2002(4)MhLj492

..... the first submission was that under section 44a(1) of the code of civil procedure, 1908, a decree passed by a superior court outside india was treated as a decree passed by a district court in india and was executable only in a district court in its original jurisdiction. ..... this being the position, as far as the provision under section 44a(1) of the code of civil procedure is concerned, the fiction is to treat the judgment and decree of the superior court as equivalent to those of district courts for the purposes of execution in india. ..... in that matter which points out that the transferee court under section 39 of the code of civil procedure cannot go behind the decree whereas under section 44a that is permitted. mr. ..... rana was that there is a distinction between sections 38 and 39 of the code of civil procedure on one hand and section 44a on the other. ..... sub-section (3) of section 44a permits the defences which are available under section 13 of the code of civil procedure. ..... provide for execution of a domestic decree whereas section 44a provides for execution of a decree passed by a court in reciprocating territory. ..... thus, it is clearly laid down that the tribunal does have the jurisdiction to exercise the powers of a court as contained in the cpc which will mean that the defences, which are available when a foreign decree is sought to be executed (those defences being spelt out under section 13) will be available as defences before the debts recovery tribunal. .....

Ram NaraIn Vs. Trilok Hosiery Mills and anr.

Court : Madhya Pradesh

Reported in : AIR1959MP423

..... observed that'the civil procedure code which was in force when the decree was put in execution was the code of 1908 as adapted in madhya bharat ..... application is made for execution of a decree it is not within the power of the court executing the decree to start an enquiry into the motives of the decree-holder or his advocate ..... 'foreign court' had necessarily to undergo a change and a foreign court came to be defined as a court outside india, which is not established or continued by the authority of the central government. ..... 'when an execution application is made to the court which passed the decree the fact that the application claims the relief of attachment and sale of immoveable property lying outside the territorial jurisdiction of the court without stating that decree be transferred for execution does not render ..... the argument of shri bhagwandas gupta's is that in both these previous applications the relief claimed was attachment of the property which was outside the jurisdiction of the mathura court, and, that being so, it cannot be said that any of the previous applications was made 'in accordance with law' ..... contention raised on behalf of the appellant is that it was not open to the judgment-debtors to raise the new objection that the decree had not been validly transferred by the mathura court to gwalior and it must be deemed to be covered by the judgment dated 15-11-1954 ..... court' in section 2(5) and according to this definition 'a foreign court' was a court outside madhya bharat. .....

B.N. Lang Vs. Jasvantlal Hathichand

Court : Mumbai

Reported in : (1926)28BOMLR381; 94Ind.Cas.146

..... it is true that, under section 41 of the code, a court to which a decree is sent for execution shallcertify to the court which passed it the fact of such execution, or where the former court fails to execute the same, the circumstances attending such failure, but it cannot possibly be deduced from the provisions of that section that once the court which originally passed the decree has sent it for execution to another court, it has no power to order that the decree be returned. ..... , whether the official assignee will be able to get possession of the property so vested in him if it is situated outside british india,the fact remains that according to the law of this country in which the insolvency petition rests, all the insolvent's property belongs to the official assignee, but whether the property vesta or not, it is perfectly clear that under section 53 of the act thiscourt was entitled, and was bound, on the application of the official assignee, to withdraw ..... ' so that, if a person is adjudicated insolvent in this court, there can be no doubt that this court, subject to the exceptions mentioned in the section, must raise any attachment issued by itself against his property, on the application of the official assignee, and, whether the property of the insolvent outside british india vests or not, this court cannot allow any creditor of the insolvent to take advantage of attachment proceedings resting in this court as against the official assignee.4. .....

Ramasamy Chetty Vs. Karuppan Chetty and ors.

Court : Chennai

Reported in : AIR1916Mad133; 31Ind.Cas.216

..... as these properties are situate outside the jurisdiction we could not avail ourselves of the procedure provided in order xxi, rule 34, civil procedure code, if the 1st defendant disobeyed ..... other way in which we could grant this relief would be by granting a mandatory injunction directing the 1st defendant to execute the conveyance which could be enforced by attachment under order xxi, rule 52, civil procedure code. ..... also argued that as the lands are situate outside british india, the ramnad sub-court had no jurisdiction to determine the title to or decree possession of the lands. ..... he obtained a decree and in execution of that decree brought the mortgaged properties ..... far as he asks for an account of the profits of the property received by the 1st defendant from the properties so enjoyed by him and for payment of 5/6ths of such profits, we think he is entitled to a decree: but this 5/6ths will include the one-half share awarded to him in original suit no. ..... was engaged as an agent to conduct the business of the firm for three years and he executed the usual salary chit to the 3rd defendant on the 3rd of november 1903. ..... the business of the firm as such agent till about the end' of the year 1907 and came back to india in the beginning of 1908.2. ..... who was bound to protect their interests purchased the property under circumstances in which his own interests were adverse to those of his principals and thereby obtained a pecuniary advantage for himself (see section 88, indian trusts act). .....

Radheyshiam and anr. Vs. Firm Sawai Modi Basdeo Prasad and anr.

Court : Rajasthan

Reported in : AIR1953Raj204

..... the rajasthan civil procedure code or the indian civil procedure code of 1908 which were made applicable to rajas-than should not be applied retrospectively so as to take away the immunity enjoyed by the residents of the former states against the execution of the decrees which were at that time decrees of foreign court and which were not competent in the meaning of section 13(a), c. p. c. ..... in 'air 1950 cal 12 (d)' the decree of jamalpur court passed before the partition of india has been held by the calcutta high court to be not executable by the court of small causes of calcutta because jamalpur is now in pakistan and its decree has to be regarded as a foreign decree within the meaning of section 2(5), civil procedure code. ..... limits of the jurisdiction of the ' court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other court, or (c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the court which passed it, or (d) if the court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other court. ..... , defines 'foreign court' as a court situate outside india and not established or continued by the authority of the central government. .....

R.M.V. Vellachi Achi Vs. R.M.A. Ramanathan Chettiar

Court : Chennai

Reported in : AIR1973Mad141

..... it reads thus:"in exercise of the powers conferred by explanation i of section 44-a of the code of civil procedure, 1908 (v of 1908), and in supersession of the notification of the government of india in the ministry of law no. ..... the relevant provisions of section 44-a, civil procedure code read thus:"section 44-a 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 india as if it had been passed by the district court.explanation. ..... 1867: in exercise of the powers conferred by explanation i of section 44-a of the code of civil procedure, 1908 (act v of 1908), the central government hereby declares the colony of singapore to be a reciprocating territory for the purposes of the said section and the supreme court of the colony of singapore to be a superior court with reference to that territory."9. ..... 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......................"7. .....

Variathu Augusthi Vs. Subramonia Iyer Sesha Iyer

Court : Kerala

Reported in : AIR1958Ker15

..... section 44 of the indian code of civil procedure, 1908, was in the following terms:'the governor-general in council may by notification in the gazette of india declare that the decrees of any civil or revenue courts situate in the territories of any native prince or state in alliance with his majesty and not established or continued by the authority of the governor-general in council,or any class of such decrees, may be executed in british india as if they had been passed by the courts of british india. ..... term 'foreign-court' in the code of civil procedure then in force la the state indicated an opposite conclusion:'according to the ordinary canons of interpretation the definition of 'foreign court' in our civil procedure code at the time must be held subservient to the provisions in the constitution of india, namely, article 5 conferring on the state subjects the citizenship of india and clause (3) of article 261 by which final judgments or orders delivered or passed by civil courts in any part of the territory of india are made capable of execution anywhere within that territory. ..... the current definition of ''foreign court' as given on that code is:'' 'foreign court' means a court situate outside india and not established or continued by the authority of the central government. .....

R.M.V. Vellachi Achi Vs. R.M.A. Ramanathan Chettiar

Court : Chennai

Reported in : (1972)2MLJ468

..... it reads thus:in exercise of the powers conferred by explanation 1 of section 44-a of the code of civil procedure (v of 1908) and in supersession of the notification of the government of india in the ministry of law no. ..... the relevant provisions of section 44-a, civil procedure code, read thus:section 44-a(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 india as if it had been passed by the district court.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 ..... 1867 : in exercise of the powers conferred by explanation-1 of section 44-a of the code of the civil procedure (v of 1908), the central government hereby declares the colony of singapore to be a reciprocating territory for the purposes of the said section and the supreme court of the colony of singapore to be a superior court with reference to that territory.the said notification declared and recognised singapore as a reciprocating territory and the high courts of the said territory as superior courts for the purpose of section 44-a(1), civil procedure code. .....

Goyal Mg Gases Private Ltd. Vs. Messer Griesheim Gmbh

Court : Delhi

..... when so replaced, section 44a of the code of civil procedure, 1908 would read as follows: where a certified copy of a decree of any of the superior courts of any reciprocating territory has been filed in a principal civil court of original jurisdiction, the decree may be executed in india as if it had been passed by the principal civil court of original jurisdiction ..... adoption of the constitution of india, india being proclaimed a sovereign democratic republic on and from january 26, 1950, it became necessary to amend section 44a, and by the civil procedure code (amendment) act, 1952 the provision was recast and the definition of reciprocating territory in section 44a was enlarged to cover any country or territory outside india which the central government, may by notification in the official gazette, declare to be a reciprocating country, so that now the code puts all countries or territories outside india on an equal footing.25. ..... position became different with the passing of the foreign judgments (reciprocal enforcement) act, 1933 which provided for the extension of part i of the act to his majesty's dominions outside the council to specify the courts which should be deemed as 'superior' within the meaning of the act. ..... cannot command obedience outside his own realm. ..... foreign judgments (reciprocal enforcement) act came into force, the effect of which was to extend the provision for registration to foreign judgments of superior courts in foreign countries even outside the dominions. .....

KevIn George Vaz Vs. Cotton Textiles Exports Promotion Council

Court : Mumbai

Reported in : 2006(5)BomCR555

..... in 1937, in our own country, section 44-a was inserted in the code of civil procedure enabling decrees of any of the superior courts in the united kingdom or of any reciprocating territory to be executed in british india by a district court. ..... to declare that the award/judgment dated 6th august, 2004, passed by the labour tribunal, hong kong, is not conclusive as to any matter therein and that the same has been passed in violation of the provisions of section 13 of the code of civil procedure, 1908;(b) this hon'ble court be pleased to pass an appropriate order of permanent injunction, or such similar order/s or direction/s as this hon'ble court may deem fit, to restrain the plaintiff from acting upon, or taking any ..... it was, therefore, necessary to amend section 44-a, and by the code of civil procedure (amendment) act, 1952 the definition of 'reciprocating territory' in section 44-a was enlarged to cover any country or territory outside india which the central government, may be notification in the official gazette, declare to be a reciprocating country, so that now the code puts all countries or territories outside india on an equal footing.38. .....