decree or time limit for engrossment of the
decree on stamp paper and there is no statutory obligation on the Court
passing the decree ... deemed decrees.-
Any order for sale made by the Court under section 2 , 3 or 4 shall be
deemed to be as a decree within
decree;
(2) - is an order;
(3) - is a deemed decree; and,
(4) - is an interim order."
According to the model answer circulated ... decree‟, but the correct answer which is based on
the definition of „decree‟ would be that it is a „decree‟ and the contention
preferred not only from the regular decree but also from the deemed decree as well
and decision of appellate court on such appeal shall ... decision of appellate court
dealing with the decree/deemed decree in a suit instituted u/s 4 , 5 and 7 (2) of the
Act must
decree to a court that may be able to effectively
execute the decree. The choice, therefore, is made prior to the decree being
passed. That ... which passed the decree was entitled to execute it but the
decree could be executed by the court which passed the decree "so long
Code expressly provides that such order would be
a deemed decree, the appeal can be maintainable before the appellate
forum.
In the instant case ... deemed decree is different from an appeal which is
directed against the decree within the meaning of "decree" as per
section
execution.
Section 39 - Transfer of decree - (1) The Court which
passed a decree may, on the application of the decree -
holder, send it for execution ... decree passed by one court is required to be
forwarded for execution to some other court, however,
when the decree (the deemed decree
execution.
Section 39 - Transfer of decree - (1) The Court which
passed a decree may, on the application of the decree -
holder, send it for execution ... that the arbitrator is deemed to be a
"Court".
12.1 Thus, the award i.e. the "deemed decree" cannot
be termed
petitioner for the execution of the award, a deemed decree filed Special Execution Petition No. 29/93 in the Court of the Civil Judge ... 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
appropriate money and property and
there is no such specific order / decree / deemed decree to execute in the instant
EP, the EP cannot be entertained ... Tribunal can pass
executable orders amounting to a decree or a deemed decree, after hearing them,
for the purposes of recovery of the amount
appropriate money and property and
there is no such specific order / decree / deemed decree to execute in the instant
EP, the EP cannot be entertained ... Tribunal can pass
executable orders amounting to a decree or a deemed decree, after hearing them,
for the purposes of recovery of the amount
