Civil Procedure, 1908
44A. [Execution of decrees passed by Courts in reciprocating territory
(1) Where a certified copy of a decree ... territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory
foreign Court
1
indisputedly notified as a superior Court of a reciprocating territory
before the District Court in view of Section 44A of the Code ... territory” means any country or
territory outside India which the Central Government may, by
notification in the Official Gazette, declare to be a reciprocating
territory
Whether the decree passed by a superior court of a
reciprocating territory can be executed by the High Court of Delhi in
exercise ... under:-
"44A. Execution of decrees passed by Courts in
reciprocating territory.-
EFA (OS) No.3/2014 Page 2 of 29
(1) Where a certified
reads as under:
44A. Execution of decrees passed by Courts in reciprocating territory.
[44A. Execution of decrees passed by Courts in reciprocating territory.
(1) Where ... territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating
territory' means any country or territory outside India which the Central Government may, by notification in the Official Gazettee, declare to be a reciprocating ... requirements of reciprocity. Reciprocity in the context means that Indian Courts will execute foreign judgments of Superior Courts in the reciprocating territories in the same
territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating ... decree cannot be executed unless there was reciprocity and since Pakistan was not a reciprocating territory at that time the application for execution cannot
territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating ... decree cannot be executed unless there was reciprocity and since Pakistan .was not a reciprocating territory at that time the application for execution cannot
from a non-reciprocating state cannot be so executed. Decrees of
both reciprocating and non-reciprocating territories must, however,
satisfy the tests of Section ... Companies Act, 1956. Any foreign decree, whether of a
reciprocating or non-reciprocating territory, that is not
on merits, or does not otherwise satisfy
territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating ... requirements of reciprocity. Reciprocity in the context means that Indian Court will execute foreign judgments of Superior Court in the reciprocating territories in the same
consideration is whether a decree
passed by a court in a reciprocating territory, namely the UAE, can be
simultaneously executed both in the cause country ... territory" means any country or territory
outside India which the Central Government may, by notification in the
Official Gazette, declare to be a reciprocating
