AI Overview...
- When Does a Decree Become Enforceable - Main points and insights
- Typically, a decree or order becomes enforceable from the date of its pronouncement or when it is made by the court Ratansingh VS Vijaysingh - Supreme Court, Ratan Singh VS Vijay Singh - Madhya Pradesh.
- However, there are exceptions where enforceability is linked to future events or specific conditions, such as the expiry of a period or fulfillment of certain orders BHOLANATH KARMAKAR VS MADANMOHAN KARMAKAB - Calcutta, MADHANAN CHETTY VS BHASKARAN CHETTY - Kerala, MAHINDRA & COMPANY VS STATE OF H. P. - Himachal Pradesh.
- The interpretation of when a decree becomes enforceable is crucial for limitation purposes under Article 136 of the Limitation Act, 1963. If enforceability is delayed due to specific conditions, the limitation period may start from that future date BISWAPATI DEY VS KENNSINGTON STORES - Calcutta, MADHANAN CHETTY VS BHASKARAN CHETTY - Kerala.
- In some cases, the enforceability is affected by legal procedures, such as pending applications under specific sections (e.g., Section 34 of the Arbitration Act), which can postpone enforceability ATUL LIMITED VS JUSTICE (R) B. J. DIWAN PRESIDING ARBITRATOR - Gujarat.
-
The limitation period for executing a decree begins once the decree becomes enforceable, either immediately or upon the occurrence of specified events MAHINDRA & COMPANY VS STATE OF H. P. - Himachal Pradesh, MAHINDRA & COMPANY VS STATE OF H. P. - Himachal Pradesh.
-
Analysis and Conclusion
- Generally, a decree becomes enforceable from the date it is pronounced or signed, but specific circumstances may alter this timing.
- The enforceability can be postponed until certain conditions are met, affecting the start of limitation periods.
- Proper legal interpretation is essential to determine enforceability and limitation timelines, especially in cases involving future events or conditional orders.
- Courts have clarified that enforceability is a key factor in initiating the limitation clock, with exceptions based on the nature of the decree and procedural steps involved.
References: - BHOLANATH KARMAKAR VS MADANMOHAN KARMAKAB - Calcutta - Ratansingh VS Vijaysingh - Supreme Court - MADHANAN CHETTY VS BHASKARAN CHETTY - Kerala - BISWAPATI DEY VS KENNSINGTON STORES - Calcutta - NANU RAJAN Vs K.G.THOMAS - Kerala - Ratan Singh VS Vijay Singh - Madhya Pradesh - ATUL LIMITED VS JUSTICE (R) B. J. DIWAN PRESIDING ARBITRATOR - Gujarat - MAHINDRA & COMPANY VS STATE OF H. P. - Himachal Pradesh - Ram Ratan VS Chandra Prakash - Rajasthan - MAHINDRA & COMPANY VS STATE OF H. P. - Himachal Pradesh
Search Results for "When does a Decree Becomes Enforcable"
1987 0 Supreme(Cal) 346 • India - Calcutta
AJIT KUMAR NAYAK, A.M.BHATTACHARJEE, NIRENDRA KRISHNA MITRA
Whether a decree for partition becomes enforceable on the date of its being made or pronounced by the Court or when the same is engrossed ... When does a final decree for partition become enforceable within the meaning of Article 136 of the Limitation Act, 1963? 2. ... Finding of the Court: The court held that a final decree for partition does not become enforceable within the meaning ... becomes enforc....
2000 8 Supreme 151 • India - Supreme Court
K.T.THOMAS, R.P.SETHI
When is a decree becoming enforceable? Normally a decree or order becomes enforceable from its date. ... it "becomes enforceable". ... which becomes enforceable. ... Normally a decree or order becomes enforceable from its date. But cases are not unknown when the decree becomes enforceable on some future date or on the happenin....
1982 0 Supreme(Ker) 71 • India - Kerala
BALAKRISHNA MENON
The trial court's decree was restored, and there was no order as to costs. ... The lower appellate court's decision was set aside, and the trial court's decree was restored. ... case involves a dispute over the enforceability of a clause in a deed of mortgage allowing redemption before the mortgage money becomes ... The judgment and decree of the lower appellate court are set aside and the decree of the trial court is restored. ... The Second Appeal is allowed. There will be no order as to costs. Allow....
1971 0 Supreme(Cal) 59 • India - Calcutta
RAMENDRA MOHAN DATTA
LIMITATION ACT, 1963 - ARTICLE 136 - EXECUTION OF DECREE - "WHEN THE DECREE OR ORDER BECOMES ENFORCEABLE" - INTERPRETATION - TIME ... or order would become enforceable. ... or order would become enforceable. ... meaning of the expression "when the decree becomes enforceable" then in that event the application must be held to be barred by limitation. ... Normally the date when the decree#....
2008 Supreme(Online)(KER) 41254 • India - High Court of Kerala
K.T.SANKARAN, J
there was no merger, making the petition time-barred if reckoned from the initial decree date. ... Limitation - Execution of Decree - Civil Procedure Code, Section 2(2); Limitation Act, 1963, Article 136 - The court interpreted ... of the original decree, reaffirming that limitation periods must be strictly interpreted according to existing laws. ... But cases are not unknown when the decree becomes enforceable on some future date or on the happening of certain specified events. The ex....
2000 0 Supreme(MP) 1119 • India - Madhya Pradesh
R.P.SETHI, K.T.THOMAS
becomes enforceable. ... ... Normally a decree or order becomes enforceable from its date. ... But cases are not unknown when the decree becomes enforceable on some future date or on the happening of certain specified events ... Normally a decree or order becomes enforceable from its date. But cases are not unknown when the decree becomes enforceable#....
2005 0 Supreme(Guj) 387 • India - Gujarat
D.N.PATEL
Therefore, that being the legislative intent, any direction from us contrary to that, also becomes impermissible. ... Therefore, that being the legislative intent, any direction from us contrary to that, also becomes impermissible. " (v) It has been held by the Honble Supreme Court that during the pendency of an application under section 34 of the Act, the award becomes unexecutable. ... Once an application under section 34 of the Act,1996 is preferred, the award will become enforcable only when such ap....
2006 0 Supreme(HP) 258 • India - Himachal Pradesh
SURJIT SINGH
to run when the decree becomes enforceable or where the decree on any subsequent order directs any payment of money or delivery ... Two lacs with simple interest @ 90/. p.a. from 1.4.1990 to the degree holder, within two months, failing which the decree for delivery ... become executable after the expiry of extended period - Objections dismissed. ... The limitation for execution of decree begins to run when the decree beco....
2012 0 Supreme(Raj) 670 • India - Rajasthan
PRASHANT KUMAR AGARWAL
The transferee of a co-sharer's undivided share becomes a co-sharer or co-tenant in place of the transfer having all rights of the ... Whether deceased-Nandlal was having the right to sell the undivided land in question and thus, the sale deed dated 16.5.1995 becomes ... The court found that the sale deed was valid and enforceable. Issues: 1. ... On such transfer, the transferee comes in the shoes of the transfer and he becomes co-sharer or co-tenant in place of the transfer having all rights of the transfer and he can d....
2006 0 Supreme(HP) 257 • India - Himachal Pradesh
SURJIT SINGH
to run when the decree becomes enforceable or where the decree on any subsequent order directs any payment of money or delivery ... Two lacs with simple interest @ 90/. p.a. from 1.4.1990 to the degree holder, within two months, failing which the decree for delivery ... become executable after the expiry of extended period - Objections dismissed. ... The limitation for execution of decree begins to run when the decree beco....
Filter by Legal Phrase
