Judgment Search Results Home > Cases Phrase: code of civil procedure 1908 section 45 execution of decrees outside india Sorted by: recent Court: kolkata Page 1 of about 375 results (0.197 seconds)

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. .....

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 .....

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). .....

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. .....

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 .....

Chiranjilal Bajoria and Ors. Vs. Sudhir Jalan and Ors.

Court : Kolkata

..... to form no.21 and form no.22 of schedule b of the code of civil procedure and submits that the business of partnership firm can be continued after the death of a partner or partners and the partnership business in such a situation is regarded as continuing business till final decree is passed in the suit in the manner as indicated above. ..... it is elementary that under order 7 rule 11(a) of the code of civil procedure, the court cannot dissect the pleading into several parts and consider whether each one of them discloses a ..... with the firs.issue it was held that a partner may sue for rendition of accounts under article 106 of the limitation act, 1908 which corresponds to section 5 of the present act within 3 years from the date of dissolution. ..... that in the said proceeding, the defendant no.1 sudhir jalan is representing soorajmull nagarmull on the basis of a power of attorney alleged to have been executed in his favour by late kishorilal jalan who died on 6th december, 2010. ..... reported at air2008sc363paragraph 7, the hon ble supreme court of india held that the question as to whether the suit is barred by limitation or not would depend upon facts and circumstances of each case and for that purpose the averments made in the plaint ..... the decision of our court in union of india versus kamal kumar goswami reported at air1974cal 231 has been relied upon in support of the submission that issue of limitation like an issue of jurisdiction should not be restricted to the averments made in .....

Sanjay Danchand Ghodawat Vs. Additional Commissioner of Customs (Port) ...

Court : Kolkata

..... there was nothing illegal or unfair or unjust or arbitrary about the procedure adopted by the respondent. ..... i find no infirmity in the procedure and approach adopted by the respondent in conducting the adjudication proceeding. ..... -union of india (supra).the customs law is a complete code by itself. ..... 01-022013 informed that the said noticee is approaching settlement commission, kolkata, after payment of differential duty of rs.25,91,844/-, along with interest under section 127b of the customs act, 1962. ..... (4) the allegation in the show-cause notice was that the vehicle was converted from left hand drive to right hand drive and had changed hands before being imported into india and as such was not eligible for concessional duty. ..... 226 of the constitution of india, the high court having regard to the facts of a case, has a discretion to entertain or not to entertain a writ petition. ..... -union of india (supra).a learned single judge of this court observed, inter alia, as follows: upon the amendment to the relevant provisions in the customs act, the stage at which a settlement proposal or request can be received has been considerably ..... -union of india (supra).was relied upon by mr.khaitan in support of his submission that an authority cannot take advantage of its own wrongful and illegal act ..... -union of india, (2012) 4 chn234 and the decision of the hon ble division bench of this court in the same case reported in (2013) 296 elt158 wherein the judgment and order of the learned single judge was upheld .....

Ashok Kumar Bhagnani Vs. Mansur Ahmed and Anr.

Court : Kolkata

..... 7(1)(a) on a suit being instituted by the landlord for eviction on any of the grounds referred to in section 6, tenant shall, subject to the provisions of sub-section (2) of this section, pay to the landlord or deposit with the civil judge all arrears of rent, calculated at the rate at which it was last paid and upto the end of the month previous to that in which the payment is made together with interest at the rate of ten per ..... (3) if the tenant fails to deposit or pay any amount referred to in sub-section (1) or sub-section (2) within the time specified therein or within such extended time as may be granted, the civil judge shall order the defence against delivery of possession to be struck out and shall proceed with the hearing of the ..... 7 (1) and (2) of the said act due to wrong advice of their earlier advocate is not sustainable as after filing the said applications on 10 september, 2014, the defendants executed their vakalatnama in favour of the same learned advocate on 20 september, 2014 in misc. ..... 05.06.2015, 11.12.2015, 22.04.2016, 16.06.2016 19.07.2016, 12.08.2016, 22.11.2016, 03.01.2017 07.03.2017, 05.05.2017 : 15.05.2017 : 21.09.2017 the plaintiff filed the present suit on 22 november, 2013 claiming a decree for recovery of khas possession of the suit premises, decree for arrear rent, decree for damages and decree for mesne profits. ..... the tenant has to follow the procedure as prescribed in the statute. ..... kumar bhowmick, air1987sc1010 (iii) transfer makers of india-vs. .....

Lindsay International Pvt. Ltd. and Ors. Vs. Laxmi Niwas Mittal and Or ...

Court : Kolkata

..... do not procure the goods and services from the plaintiff no.1 company but procure the same form some other companies is vague and without any particulars.mr.chidambaram has referred to order vi rule 4 of the code of civil procedure code and submits that it is well settled that allegations of such nature has to be supported by sufficient particulars and mere use the words fraud, collusion, conspiracy and fraudulent transactions without any foundational pleadings and ..... nachhattar singh gill (1982) 3 scc487(scc para24) it was observed that a preliminary objection that the election petition is not in conformity with section 83(1)(a) of the act i.e.it does not contain the concise statement of the material facts on which the petitioner relies, is but a plea in the nature of demurrer and in deciding the question of the court has to assume ..... a new shareholders agreement dated 21st january 2010 was executed between the plaintiff nos.2 and 3 and the defendant no.3 in relation to the shareholding of the plaintiff no.1 and their mutual rights ..... of action is essentially a bundle of facts to be stated in the plaint which if proved at the trial would result in a decree being passed in favour of the plaintiff. ..... of india staff assn ..... of india staff assn ..... mittal companies exclusively through the plaintiff no.1 company; (ii) this is an agreement in perpetuity; and (iii) there is a negative covenant which prohibits the arcelor mittal companies from dealing directly with the defendant nos.39 to 42 in india. .....