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MADRAS HIGH COURT
Natarajan, J, K. B. Singh, CJ
Ramamoorthv Sastry P. S. v. Selvar Paints and Varnish Works (Pvt. ) Ltd. Bombay-72
| Table of Content |
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| 1. the court examines jurisdictional issues regarding the execution of decrees from outside tamil nadu. (Para 1 , 2) |
| 2. the tamil nadu debt relief act aims to provide relief to debtors within the state. (Para 3 , 4) |
| 3. territorial operation of laws is essential; thus, local laws determine execution processes. (Para 5 , 6 , 8) |
| 4. execution laws must reference the original jurisdiction of the decree. (Para 10 , 11 , 12 , 13) |
| 5. the discharge of debt must follow the law of the originating state, not the state of execution. (Para 14 , 15 , 16) |
1. A question of considerable importance arises for consideration in this civil revision petition pursuant to an order of reference made by Natarajan. J. The learned Judge has referred the matter for decision by a Bench as he disagreed with the ratio of Ratnavel Pandian. J. in K.P. Kesava Mudaliar v. P.T. Sengoda Mudaliar , by Partner A. Raja Devan, 1981 TLNJ 149 - C.R.P. 2583 of 1980, order dated 10th Oct. 1980. The question is whether a decree for money passed by a court outside the State of Tamil Nadu and transferred for execution to a court within the State of Tamil Nadu, within whose Jurisdiction the judgment - debtor has propert
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