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1 - 8 of 8 (0.21 seconds)Section 87 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
United Arab Republic And Anr. vs Mirza Ali Akbar Kashani on 17 April, 1961
With the observations of Lord Denning on
the question of immunity of the foreign
states, the other Law Lords disassociated
themselves. Mr. Justice Bachawat, speaking for
the Division Bench of the Calcutta High Court,
rejected the contention urged by counsel in
United Arab Republic and another v. Mirza Ali
Akbar Kashani (supra) . that the foreign State
enjoyed the same immunity as a domestic state
enjoyed and no more.
Mirza Ali Akbar Kashani vs United Arab Republic And Anr on 5 August, 1965
This decision came up in
appeal before this Court in Mirza Ali Akbar
Kashani v. United Arab Republic and Anr,,
[1966] 1 SCR 3 19 and this Court upheld the
Bench decision of the Calcutta High Court and
held that section 86(1) of the Code of Civil
Procedure as it stood at the relevant time was
the statutory provision coveting a field which
would otherwise be covered by the doctrine of
immunity under International Law and save and
except in accordance with the procedure indi-
cated in section 86 of the Code a suit against
a foreign State would not lie.
Article 32 in Constitution of India [Constitution]
Section 87B in The Code of Civil Procedure, 1908 [Entire Act]
Mirza Akbar Kasini vs United Arab Republic And Anr. on 16 May, 1960
sitting singly, as the Chief Justice of India then was, in
Mirza Ali Akbar Kashani v. United Arab Republic and another,
AIR 1960 Calcutta 768.
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