Civil Procedure Code, 1908, Section 13, 44A -- Reciprocating territory - Execution of decree - Purpose of - A Special provision for - Purpose S.44 A would be defeated if it is held that decree of nature mentioned in it should be first put on execution in Court which passed it...........
Civil Procedure Code, 1908, Section 13, 44A -- Execution of decree passed by Court Reciprocation Territory - Objection to - Plea that application for execution of foreign decree could be made only after obtaining leave under O.21.R.22 - Not tenable...........
Civil Procedure Code, 1908, Section 44A(2) -- Issuing Specific Certificate - No format given in the Act - Execution of - Decree passed by Reciprocating territory - Statute has not prescribed any form - Certificate is conclusive proof of extent of satisfaction or adjustment of decree - Certificate in any form issued by Court which passed decree would be a certificate for..........
Civil Procedure Code, 1908, Section 44A(2) -- Section 44A CPC - Purpose of - Execution of decree passed by Court in reciprocation territory - Peoples' Republic of Bangladesh has been declared as reciprocating territory for purpose of S.44A - Courts of District and Subordinate Judges in Bangladesh specified as superior Courts of Bangladesh - Decree passed by these Courts in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Non payment - Husband imprisoned - That by itself does not make the execution application bad or not maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Non payment - Husband imprisoned - Execution application cannot be dismissed merely for this reason - If execution application includes the maintenance for the period for which husband was sent to jail then an order for attachment of property for the amount for which he was imprisoned can be passed and he can be..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction petition - Execution - Death of tenant - Legal heirs of tenant become only joint tenants and not tenants in common - Eviction decree against one of the joint tenants - Decree is binding on other joint tenants - Objection to execution of decree by other joint tenant - Not tenable...........
Criminal Procedure Code, 1973, Section 125 -- Execution - Maintenance order - No warrant can be issued for recovery of dues unless application therefor is made within one year from date on which it became due...........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 31 -- Execution of decree - Application for - Contractual matter - Specific case of judgment-debtor that disputes raised by decree-holder were not referable to arbitration - Decree-holder after submitting no claim certificate had taken refund of security deposit - Remained..........
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Section 47 -- Waiver and acquiescence - Execution of decree - Question whether decree is nullity - No objection at earlier stage - Judgment - debtor cannot be denied remedy available to him under S.47 of Civil P.C. - Principles of waiver, acquiescence and estoppels would not be applicable...........
