www.Aaptaxlaw.com
 

 

 
 

SECTION 45, 46 OF CODE OF CIVIL PROCEDURE 1908

What is Execution of decrees outside India? What is Precepts? Section 45 and 46 of Code of Civil Procedure 1908

Execution of decrees outside India and Precepts are defined under Section 45 and 46 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 45 of Code of Civil Procedure 1908 "Execution of decrees outside India"

So much of the foregoing sections of this Part as empowers a Court to send a decree for execution to another Court shall be construed as empowering a Court in any State to send a decree for execution to any Court established by the authority of the Central Government outside India to which the State Government has by notification in the Official Gazette declared this section to apply.

 

STATE AMENDMENTS
Pondicherry- After section 45 insert the following:-

"45-A. Execution of decrees etc. passed or made before the Commencement of the Code in Pondicherry- Any Judgment, decree or order passed or made before the Commencement of this Code by any Civil Court in the Union Territory of Pondicherry shall for the purpose of execution be deemed to have been passed or made under this Code.

Provided that nothing contained in this section shall be construed as extending the period of limitation to which any proceeding in respect of such judgment decree or order may be subject." [Act No. 26 of 1968].

Section 46 of Code of Civil Procedure 1908 "Precepts"

(1) Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.

(2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree:

Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.

Questions to be determined by Court executing decree

Code of Civil Procedure 1908

What is the meaning Result of execution proceedings to be certified? What is Powers of Court in executing transferred decree? Section 40 and 41 of Code of Civil Procedure 1908

What is the Power of Court in executing transferred decree? What is Execution of decrees passed by Civil Courts in places to which this Code does not extend? Section 42 and 43 of Code of Civil Procedure 1908

What is Execution of decrees passed by Revenue Court in places to which this Code does not extend? What is Execution of decrees passed by Courts in reciprocating territory? Section 44 and 44A of Code of Civil Procedure 1908

What is Execution of decrees outside India? What is Precepts? Section 45 and 46 of Code of Civil Procedure 1908

What are the Questions to be determined by the Court executing decree? Who is Transferee? Who is Legal representative? Section 47, 49 and 50 of Code of Civil Procedure 1908

What is the Powers of Court to enforce execution? What is Enforcement of decree against legal representative? Section 51 and 52 of Code of Civil Procedure 1908

What is Liability of ancestral property? What is Partition of estate or separation of share? Section 53 and 54 of Code of Civil Procedure 1908

What is Arrest and detention? What is Prohibition of arrest or detention of women in execution of decree for money? Section 55 and 56 of Code of Civil Procedure 1908

What is Subsistence allowance? What is Detention and release? Section 57 and 58 of Code of Civil Procedure 1908

What is Release on ground of illness? What is the meaning Property liable to attachment and sale in execution of decree? Section 59 and 60 of Code of Civil Procedure 1908


Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap