Court : Chennai
Reported in : AIR1984Mad172
..... the other point to be remembered is that the act does not provide for execution of decrees or the procedure relating thereto. ..... the question that arose for consideration was whether the law of limitation applicable for execution of a decree transferred from another court was the law of limitation applicable to the court which passed the decree or the law of limitation that was judicable to the court to which the decree was transferred for execution. ..... (1) the court executing a decree sent to it shall have the same dowers in executing such decree as if it had been passed by itself. ..... section 42 lays down the powers of a court in executing a decree transferred to it.now it is well settled that the owners referred to in s. 42, c. p. c. ..... but from the above legal position it does not follow that a debt which had ripened into a decree in a court outside the state of tamil nadu will get discharged and execution proceedings will bate in respect of the said decree which stands transferred for execution to al court in tamil nadu. ..... attachments or the debtor to the creditor shall be deemed to be wholly discharged:(b) no civil court shall entertain any suit or other proceeding against the debtor for the recover of any amount of such debt (including interest. ..... which was added for the first time to the code by the act of 1908. ..... parliament may make laws for the whole or any dart of the territory of india. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC243; [1963]2SCR190
..... of the code of civil procedure reads as follows ..... code of civil procedure ..... code of civil procedure ..... deals with the execution of decrees obtained against ..... the proper meaning thus is that primarily the question to try would be whether the person against whom the decree is sought to be executed was a partner of the firm, when the cause of action accrued, but he may question the decree on the ground of collusion, fraud or the like but so as not to have the suit tried over again or to raise issues between himself ..... the execution of decrees obtained ..... sought against any other person as being a member of the firm, then the court was to exercise its discretion as to whether it would allow execution to issue or not, and upon what terms, and, as justice seemed to require, might let in the party sought to be trying the action over again, but by giving him, as against the application to make ..... is dissolved to the knowledge of the plaintiff, the summons must be served on every person within india whom it is sought to make liable. ..... execution may be granted - (a) against any property of the partnership : (b) against any person who has appeared in his own name under rule 6 or rule 7 of order xxx or who has admitted on the pleadings that he is, or who has been adjudged to be, a partner; (c) against any person who has been individually served as a partner with a summons and has failed to appear : provided that nothing in this sub-rule shall be deemed to limit or otherwise affect the provisions of section .....
Tag this Judgment!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). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1717; 2007(4)ALT13(SC); 2007(3)AWC2348(SC); (SCSuppl)2007(3)CHN47; 2007(5)CTC298; JT2007(6)SC140; 2007(4)MhLj1; (2007)4MLJ508(SC); 2007MPLJ419(SC); RLW2007(3)SC217
..... in that decision, clarifying the fields of operation of order xxi rule 3, order xxi rule 48 and section 39 of the code, this court stated:section 39 does not authorise the court to execute the decree outside its jurisdiction but it does not dilute the other provisions giving such power on compliance with the conditions stipulated in those provisions. ..... the application was made under section 39 read with order xxi rule 3 of the code of civil procedure (for short 'the code'). ..... feeling aggrieved by the last order and belatedly feeling aggrieved by the earlier orders dated 19.3.2003 and 7.7.2003, the judgment debtor approached the high court originally by way of a revision under section 115 of the code, but on its being held that a revision is not maintainable, later by way of a motion under article 227 of the constitution of india challenging all the orders. ..... while the judgment debtor challenges the order of the high court in a petition filed by him under article 227 of the constitution of india to the extent it rejects his prayers, the decree holder has also challenged the same order to the extent it upheld an objection of the judgment debtor. ..... union of india : air2005sc3353 ) with particular reference to paragraphs 22 to 24 dealing with section 39 of the code.5. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1978AP354
..... as amended now extends the civil procedure code to the whole of india except the state of jammu and kashmir, and the state of nagaland and certain tribal areas in assam.53. ..... rule 36 of the said rules provides for execution of a decree passed by the agency court outside the agency tracts and r. ..... in the instant case, no notification was made by the governor excluding the application of the andhra pradesh civil courts act or the civil procedure code to any scheduled area or part thereof and therefore the civil courts have jurisdiction to entertain suits between non-tribals.31. ..... v of 1908) has been extended to part b states by the civil p. c. ..... 1908 extends to the whole of india including the scheduled areas except as mentioned in sub-secs. ..... section 6 of the act empowered the local government to appoint officers to administer civil and criminal justice and to superintend the settlement and collection of public revenue and all matters relating to rent and otherwise to conduct the administration within the scheduled districts and to regulate the procedure of the said officer and also give directions for the exercise of jurisdiction or duties by the authorities. ..... v of 1908 has been extended to the state of hyderabad in 1951, the code applies to the whole of the telangana area, which is now part of the state of andhra pradesh. .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR1373
..... as the property which the decree-holder sought to sell under that decree was situate in the district judgment of hardoi, the subordinate judge of lucknow, who passed the decree, sent it for execution to the court of the subordinate judge of hardoi under section 39 of the code of civil procedure, 1908, and the respondents in due course started an execution proceeding no. ..... the question turns upon the construction of section 50 of the cede of civil procedure of 1908, clause (1), which is as follows :-where a judgment-debtor dies before the decree has been fully satisfied, the bahadur holder of the decree may apply to the court which passed it to execute the bank or same against the legal representative of the deceased.16. ..... in order to decide that question, it is necessary to examine the provisions of the code as to execution when a decree is transferred, under clause (c) of section 59 of the code of 1908, a decree, directing the sale of immoveable property situate outside the local limits of the jurisdiction of the court which passed it, may be transferred for purposes of execution to the court within whose jurisdiction the property is situated. ..... there is an apparent divergence of opinion among the different high courts in india on this question. ..... looked at from this point of view there does not appear to be any real conflict between the different decisions in india. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All97
..... 162 where their lordships state on pages 683 and 684 as follows:under clause (e) of section 89 of the code of 1908 a decree directing the sale of immovable property situate outside the local limits of the jurisdiction of the court which passed it, may be transferred for purposes of execution to the court within whose jurisdiction the property is situated. ..... now in this connexion we may refer to the procedure laid down by the civil procedure code in regard to transfer of decrees for execution. ..... of words in any indian law in force immediately before the commencement of this order to an authority competent at the data of the passing of that law to-exercise any powers or authorities, or discharge any functions, in any part of british india shall where a corresponding new authority has been constituted by or under any part of the government of india act 1935, for the time being in force, have effect until duly repealed or amended as if it were a reference to that new authority.15. ..... this ruling laid down that under section 80-a(3), government of india act of 1920, the local legislature of a province cannot validly make laws to affect the rights and properties outside the boundaries of the province. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Orissa
Reported in : AIR1957Ori177; 23(1957)CLT387
..... that section 39(1) of the code of civil procedure empowers the court which passed the decree to transfer the same for execution to another court on the application of the decree-holder. ..... the madras high court, however, in consideration of section 12 of the madras civil courts act (act iii or 1373) and section 223 of the old civil procedure code, has held that sub-section (1) creates a special jurisdiction and permits the transfer of a decree for execution to any court irrespective of its pecuniary jurisdiction; (vide shanmuga pilial v. ..... calcutta high court in all these cases did not deal with the case of limitation, but their lordships proceeded to consider the validity of, the order of transfer, and held that having regard to the provisions of section 6, a civil court has no jurisdiction to execute a decree sent to it for that purpose under section 223 of the code, when the decree has been passed in a suit the value or subject-matter of which is in excess of the pecuniary limit of the ordinary jurisdiction. ..... this decision of the judicial committee rendered the explanation to section 647 unnecessary, and accordingly, it was omitted in the present code of 1908, vide hari charan v. ..... on which there has been sharp divergence of opinion between the different courts in india. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP30
..... orders, and save as otherwise expressly provided in the body of this code or by any law for the time being in force, from no other orders:-- (ff) an order under section 35a;(g) an order under section 95;(h) an order under any of the provisions of this code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree;(i) any order made under rules from which an appeal is expressly allowed ..... 'it is manifest that, by reason of this section, the provisions of the civil procedure code are made applicable to proceedings under this act, subject to other provisions in the act and ..... this act and to such rules as the high court may make in this behalf, all proceedings under this act shall be regulated as far as may be, by the code of civil procedure, 1908. ..... are' section 104 and order 43 of the civil procedure code. ..... question is whether the civil procedure code contemplates appeals against orders ..... back on the civil procedure code. ..... shri balaparameswari rao on the following passage in mulla's 'principles of hindu law' (12th edition) occurring at page 890:--'the order granting alimony pendents lite under this section is appealable (section 28) but the appellate court as in case of any ' discretionary order would interfere only if the order is arbitrary or capricious or made in disregard of any ..... of that order establishes that an order under section 24 of this act falls outside the purview of order 43 c. p. c. .....
Tag this Judgment!