Judgment Search Results Home > Cases Phrase: code of civil procedure 1908 section 45 execution of decrees outside india Court: kolkata Page 1 of about 375 results (0.180 seconds)

Sreenath Chakravarti and ors. Vs. Priyanath Bandopadhya and ors.

Court : Kolkata

Reported in : AIR1931Cal312

..... the civil procedure code is made applicable to execution of decrees for rent under section 143, ben. ..... in order to consider the soundness or otherwise of this contention it becomes necessary to examine some of the provisions of the civil procedure code relating to execution of decrees.30. ..... ) in which it was definitely decided that territorial jurisdiction is a condition precedent to a court executing a decree, and that a court has no jurisdiction, in execution of a decree, to sell property over which it had no territorial jurisdiction at the time it passed the order of sale. ..... after certain proceedings had been taken on the application for execution in the gopalgunje court it appeared that the decree-holders could not proceed against the property described in the schedule to the application as the scheduled property was situated outside the jurisdiction of the gopalgunje court and was situate within the jurisdiction of the 1st munsif's court at bhanga. ..... after noticing the decisions that dealt with the questions that arose up to 1908 the learned chief: justice proceeded to observe:this was the state of the authorities when the code of 1908 was enacted, and we are told by woodroffe and ameer ali that it was proposed to enact expressly that application might be made to either court .... ..... this case is one illustration of what has been said on high authority that the difficulties of a decree-holder in india begins when he obtains his decree.28. .....

Ranjit Kumar Ghosh Vs. Jogendra Nath Roy

Court : Kolkata

Reported in : 15Ind.Cas.561

..... when section 310a was inserted in the civil procedure code of 1882, 'it was held applicable to sales in execution of decrees for rent though it had a much wider scope than section 174 of the bengal tenancy act janardhan ganguli v. ..... now, it is clear from section 143, sub-section (2), of the bengal tenancy act, that in a case of this description, the code of civil procedure is applicable, and consequently, if a person professes to act on behalf of the parties to the proceeding, his authority to do so, if challenged, must be duly established. ..... a holding was sold in execution of a decree for arrears of rent on the 13th september 1911 and purchased for rs. ..... but in 1907, section 170, sub-section (1), of the bengal tenancy act, was so amended as to make section 310a of the code of 1882 and, therefore, also rule 89 of order xxi of the code of 1908, inapplicable to sales in execution of decrees for rent. ..... in the case before us, the application for reversal of the sale is made in the course of execution proceedings, which are but a continuation of the suit. ..... if any other view were maintained, the policy of the legislature by which applications under section 174 are restricted to judgment-debtors would be completely defeated. ..... that application on the face of it purported to be made on behalf of two of the judgment-debtors by one jogendra nath roy, who alleged that he held a power-of-attorney from them, executed in his favour on the 31st january 1908. .....

Dhirendra Nath Sen and ors. Vs. Smt. Santasila Debi and ors.

Court : Kolkata

Reported in : AIR1969Cal406

..... under section 51 of the code of civil procedure, a decree may be executed in many ways one of which was by appointment of a receiver. ..... the defendant judgment-debtor objected inter alia on the ground that the hypothecated property could not be sold in execution of the decree passed on the compromise and that unless the decree-holder instituted a suit under order 34, rule 4 of the code of civil procedure, he was not entitled to have the hypothecated property sold. ..... the full bench referred to section 230, clause (b) and section 255 of the civil procedure code of 1882 and held that future maintenance could be realised by execution of the decree and a suit is unnecessary. ..... since 1908 at all events provision has been made by the court for the appointment of receiver as a form of execution (section 51, civil p. c.). ..... the learned chief justice pointed out that as regards jurisdiction to appoint a receiver of immoveable property situated outside the local jurisdiction of the high court, it is not excluded because this court has always made such orders. ..... it will, therefore, appear that the principle is not correct that in india it is necessary to show, before a receiver could be appointed in execution of a decree, that there is any impediment to what has been termed as 'legal execution'. ..... that case was under the civil procedure code of 1908. ..... (act 5 of 1908). .....

Madvai Ahluwalia Vs. Vimal Kumar Gupta and Others

Court : Kolkata

..... discussion and findings: in determining the issues involved, it is very necessary to examine the relevant provisions of the code of civil procedure and the supreme court rules regarding execution of a decree against a property which is outside the jurisdiction of the court. ..... but when the supreme court has not sent the original decree and the decree holder has filed an application for execution of that decree on the basis of a certified copy thereof, which is permitted both by the code of civil procedure and by the original side rules, i do not think it would serve the purpose of justice to dismiss the application, just because the original decree of the supreme court is not in the file of the court. ..... this is recognised in section 38 read with section 47 of the code of civil procedure. ..... the point taken with regard to section 39 of the code of civil procedure is more substantial. ..... secondly, considering the scheme of part ii of the code of civil procedure the decree is to be sent to the competent court for execution by the court which passed it, which is this court (see section 39). ..... on my construction of order xiii rules 5 and 6 of the supreme court rules 1966 together with rule 15 of the code of civil procedure, 1908, the registry of the supreme court was required to transmit the original decree to the registry of this court. ..... it was carried in appeal to the honble supreme court of india. .....

Begg, Dunlop and Co. Vs. Jagannath Marwari

Court : Kolkata

Reported in : (1912)ILR39Cal104

..... section 38 of the civil procedure code of 1908 provides that a decree may be executed either by the court which passed it, or by the court to which it is sent for execution ..... in the opinion that it is not competent to a court, in execution of a decree for money, to attach at the instance off the decree-holder, a debt payable to the judgment-debtor by a non-resident outside the jurisdiction. ..... observations of the learned judges, who decided the case last mentioned, do tend to support the contention of the decree-holder, that it was competent to the subordinate judge to issue a prohibitory order upon a person, resident outside the jurisdiction of his court, restraining him from paying a debt due to the judgment-debtor of the execution-creditor. ..... of section 38, read along with those of section 39, plainly indicate the acceptance by the legislature of the general principle that no court can execute a decree in which the subject-matter of the suit or of the application for execution is property situated entirely outside the local ..... legitimately drawn that the legislature has provided a special rule in the case of certain judgment-debtors because rule 46 does not entitle the execution court to attach a debt payable to the judgment-debtor by a non-resident outside the jurisdiction of the court. ..... now is, whether the principle should be held inapplicable to the case of attachment of a debt payable outside the jurisdiction of the court by a person who also resides beyond, the local limits of such .....

Rina Mukherjee and anr. Vs. New India Assurance Co. Ltd. and anr.

Court : Kolkata

Reported in : 2008ACJ1248

..... prejudice to the provision of sub-section (1) of section 169 of the act every claims tribunal may exercise all or any of the powers vested in a civil court under the following provisions of the code of civil procedure, 1908 (as subsequently amended), insofar as they may be applicable, namely, sections 30, 32, 34, 35, 35-a, 75(a) and (c), 76, 77, 94, 95, 132, 133, 144, 145, 147, 148, 149, 151, 152, 153-a and 153-b and subject to the provisions of the section 174 of the act. ..... being dissatisfied, insurance company filed an application under order 47, rule 1 read with section 151 of the code of civil procedure for review of the said award on the ground that while assessing the amount of income of the victim, the claims tribunal below took into consideration the gross salary whereas the different ..... learned advocate appearing on behalf of the insurance company, that unlike the provision of the rules under the old motor vehicles act, 1939, all the powers of the civil court as provided in the code of civil procedure are applicable as provided in rule 342 framed in exercise of power conferred under the act. ..... (3) any claims tribunal constituted for west bengal (outside calcutta) shall have all the powers of the principal civil court of a district for the purpose of execution of any award for compensation made by it, as if the award is a decree for the payment of money made in a suit by ..... connection, it may be mentioned here that in the case of united india insurance co. ..... united india insurance .....

Sri Dilip Kumar Dey Vs. Vishwamitra Ramkumar

Court : Kolkata

Reported in : (1997)1CALLT10(HC)

..... section 144 of the code of civil procedure and further decree for declaration that the defendants are not entitled to get delivery of possession of the suit premises by way of executing a decree passed in an application under section 144 of the code of civil procedure, 1908 by evicting the plaintiff being a lawful tenant from the suit premises and also for a decree for permanent injunction restraining the defendants, their men, agents, representatives and/or assignee from eviction the plaintiff from the suit by way of executing the decree ..... for restitution in an application under section 144 of the code of civil procedure 1908 the defendants put the same into execution which has been registered as title execution case no. ..... by the defendants for delivery of possession of the suit premises by way of executing a decree passed in an application under section 144 of the code of civil procedure is not at all maintainable against him and also a decree of declaration that the decree passed on 6/12/1993 by the learned judge, 12th bench, city civil court in misc. ..... 974 of 1995 before the learned judge, viiith bench, city civil court at calcutta for a decree for declaration and permanent injunction against the defendants/respondents/opposite parties and in the very suit the plaintiff/appellant/petitioner filed an application under order 39 rules 1 and 2 read with section 151 of the civil procedure code, 1908 with a prayer for granting an order of temporary injunction restraining the defendants .....

Senior Divisional Manager, National Insurance Company Ltd. and anr. Vs ...

Court : Kolkata

Reported in : (1998)3CALLT119(HC)

..... that being the position, in my view, the trial court was right in rejecting the application filed by the petitioners under section 151 of the code of civil procedure and in any view of the mailer-it cannot be held that the trial court in passing the impugned order has acted illegally and with material irregularity in the exercise of its jurisdiction. dr. ..... assuming for argument's sake, the issues involved in the civil suit and the criminal proceeding are identical and same even then, in my view, the trial court has acted within its jurisdiction by rejecting the application filed by the petitioners under section 151 of the code of civil procedure for stay of the civil suit till the disposal of the criminal proceeding by the criminal court.7. ..... sheriff's case that if the criminal case was allowed to proceed and end either in conviction or in acquittal, it may be embarrassing for the civil court to take a proper decision on the evidence which may be adduced before it and if the criminal case is stayed and the civil suit is allowed to proceed, the decree in such suit will not in any way cause any embarrassment to the criminal court. ..... state of madras, : [1954]1scr1144 , the supreme court of india has observed that as between the civil suit and the criminal proceeding, the latter should be given precedence and there is no hard and fast rule which can be laid down in the matter of allowing or refusing the prayer for stay of a civil suit, till criminal proceeding is concluded. .....

Shyam Narayan Singh Vs. Arup Ratan Paul and ors.

Court : Kolkata

Reported in : (2005)3CALLT339(HC),2005(3)CHN501

..... substituted plaintiffs, the opposite parties in this application, moved an application under section 115a of the code of civil procedure against the said order dated july 26, 2004 passed in ejectment suit no ..... after such amendment of code of civil procedure, which came into effect from july 1, 2002, a revisional application under section 115 of the code of civil procedure is maintainable when the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or ..... the provisions of section 115 of the code of civil procedure has been amended by the code of civil procedure (amendment) act ..... section 8a of the said act, the city civil court can entertain a revisional application against an order arising out of a suit for recovery of possession filed under the west bengal premises tenancy act, 1956, but section 8a does not vest the city civil court with the power to entertain revisional application independent of the code of civil procedure.9 ..... chatterjee, learned advocate, appearing for the petitioner, submits that the learned judge in the revisional court exceeded his jurisdiction in entertaining the revisional application under section 115a of the code of civil procedure after the amendment of the code of civil procedure.6. mr. ..... an application under article 227 of the constitution of india against judgment and order dated november 25, 2004 passed by the learned judge, eleventh bench, city civil court at calcutta in civil revision case no. .....

Sailaja Kanta Mitra and ors. Vs. State of West Bengal

Court : Kolkata

Reported in : AIR1971Cal137,75CWN804

..... (3) subject to the provisions of sub-sections (1) and (2), the provisions of the code of civil procedure, 1908, with respect to appeals from original decrees shall so far as may be, apply to appeals under this section. ..... of law laid down by the supreme court in jugal kishore sinha's case convince us that the arbitrator under the defence of india act is not only a court but is also a court of civil jurisdiction as the arbitrator shall have the like powers and shall follow the like procedure as the court has and follows in the exercise of its ordinary original civil jurisdiction under the code of civil procedure, 1908 in deciding the matters referred to him for arbitration in the arbitration proceedings. ..... the proceedings in any court of civil jurisdiction spoken of in section 141 of the code of civil procedure refer to original matters in the nature of suits such as proceedings in probates, guardianships, and so forth, and do not include execution, and other proceedings which do not originate in themselves but spring out from a suit or from some other proceedings or which arise in ..... the chief judge of the court of small causes of calcutta shall on application, execute any order passed by the high court on appeal under this act as if it were a decree made by himself.'19. ..... so, he rejected the kobalas executed in 1945 and later years holding that those could not be accepted as providing a good criterion for determining the prices of the lands, acquired in the year 1943 .....