AI Overview...
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Decree Against Unrepresented Company - A decree cannot be validly executed against a company that is not represented by an authorized person under Order 29, Rule 1 CPC. The court emphasized that only an authorized person can represent a company in legal proceedings, and mere existence of a decree does not imply its enforceability against an unrepresented entity. VIPIN GUPTA VS CHITRA ADVERTISING PRIVATE LIMITED - Delhi
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Representation and Authority - Proper representation of a company requires an authorized person, such as through a power of attorney or other valid authorization. Documents like notarized powers or registration of assignments can establish such authority. Without proper authorization, executing a decree against a company is invalid. International Asset Reconstruction Company VS State of Punjab - Punjab and Haryana, Mohammed Mamdouh Matwally Ghali VS Kerala Automobiles Ltd, Represented by its Managing Director, Aralumoodu, Trivandrum - Kerala
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Decree Validity and Personal Representation - Decrees against deceased persons are invalid if legal heirs are not duly impleaded, and similarly, a decree against a company not properly represented is null. Proper legal representation is essential for enforceability. CHELLAMMA BHARGAVI AMMA vs LEKSHMY AMMA - Kerala, Rekha Kamat Tarcar VS Nath Steel Equipment Ltd. - Current Civil Cases
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Orders and Decrees - While some tribunal orders can be executed like decrees, they do not always possess the full characteristics of a decree unless explicitly affirmed under relevant sections. The nature of the order determines its execution process. M/s. Bhagyodayam Company represented by its Administrator Mr. Jinan K.R. VS Mrs. Hyma Joseph - National Company Law Appellate Tribunal
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Execution Against Property and Successors - Decrees remain binding on successors, but execution against property or persons requires proper legal procedures, including service through authorized representatives. Changes in ownership do not nullify existing decrees if proper procedures are followed. P.A. JIHAS vs SALIM AND OTHERS - Kerala
Analysis and Conclusion:
A decree can only be executed against a company if it is properly represented by an authorized person, such as through a valid power of attorney or other recognized authority. If a company is not represented by any person authorized under Order 29, Rule 1 CPC, executing a decree against it is invalid. Proper legal procedures and valid authorization are essential for enforceability; otherwise, the decree cannot be enforced against an unrepresented company.
Search Results for "Whether a Decree can be Executed against a Company which is Not Represented by any Person"
2011 0 Supreme(Ker) 454 • India - Kerala
R.BASANT, K.SURENDRA MOHAN
proposed new order - It would be totally and grossly perverse to assume (against express stipulations in Ext.C10) that a reasonable person ... - Dispute arises between claimant and company both referred Arbitrator by award conclusion that company is liable to pay amount ... illegality to justify interference with an award on the ground available under section 34(2)(b)(ii) of Act - It has to be verified whether ... On the side of the Company, P.W.1 who had signed Ext.C10 minutes was examined. R.W.2 a #HL....
2013 0 Supreme(P&H) 220 • India - Punjab and Haryana
Hemant Gupta, Ritu Bahri
in favour of an agent appointed to represented the principle falling under Section 32(c) of the Act. ... power of attorney--Such presentation is in terms of Section 32(a) of the Act--Such attorney is also by the representative of a person ... Registration--Of Assignment deed--On the basis of notarised power of attorney executed by Corporate entity--Can be done--Such power ... is a copy of a decree or order, any person claiming under the decree or order. ... All documents are required ....
1920 0 Supreme(Mad) 106 • India - Madras
S.AIYAR, SPENCER
Issues: The main issue was whether the plaintiff was properly and legally represented in the former suit, and whether the ... The question was whether the plaintiff was properly and legally represented in that suit. ... a decree passed against him in a suit brought by the present 1st defendant as plaintiff on a mortgage-bond executed by the plaintiff's ... L.R. 1 (P.C.) where it was held that a decree obtained against a person who ....
2025 Supreme(Online)(NCLAT) 273 • India - National Company Law Appellate Tribunal
Justice Sharad Kumar Sharma (Member(Judicial)) , Hon'ble Mr. Jatindranath Swain (Member (Technical)) ,
clarified that while its orders can be executed like a decree, they do not possess the characteristics of a decree under the CPC ... ... ... Issues: The main issues included whether the Tribunal's orders could be treated as decrees and whether the applications for ... affirmed that its orders could be executed under Section 424(3). ... situate; or (b) in the case of an order against any other person, the person c....
• India - Current Civil Cases
N.A.BRITTO
in civil prison of director i.e. petitioner or by attachment and sale of property of company—Whether decree could be executed against ... (Para 12) ... If the decree was obtained against the Company represented ... The provisions of Order 29, Rule 2 are only enabling provisions to enable to serve the Company through the person mentioned in clause ... Diniz has submitted that the decree will be executed#HL....
2025 Supreme(Online)(Mad) 29266 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, J
(i) in C.S.Nos.605 and 882 of 2013: Whether the letter of autahorisation, dated 09.12.2011 executed in favour of Anuradha is genuine or forged ? ... As already held in the earlier suit in C.S.No.605 of 2013, the plaintiff is entitled for decree as prayed for and the plaintiff is also entitled for decree of infringement and passing-off. Therefore, all the issues are answered accordingly in C.S.No.587 of 2015. ... Hence, the said Anuradha and her husband executed the separate affidavits and making amply c....
2013 Supreme(Online)(KER) 1493 • India - High Court of Kerala
N.K.BALAKRISHNAN, J
She argued that the decree was a nullity as he was not represented in the proceedings, and the respondents were not legal heirs. ... Ratio Decidendi: A decree against a deceased person is invalid if their legal heirs are not duly impleaded, rendering subsequent ... No.1424/1968, Final Decree - Summary: The court held that the preliminary decree passed against a deceased person was null and void ... It is argued by....
1994 0 Supreme(Del) 545 • India - Delhi
USHA MEHRA
A company can only be represented by an authorized person under Order 29, Rule 1 CPC. Ms. ... Finding of the Court: The court held that Defendant No. 1, being a company, could only be represented by an authorized ... person under Order 29, Rule 1 CPC. ... I is a company, therefore, under the provisions of Order 29 Rule I, CPC, it can be represented only by an authorised person. Admittedly Madhubala Srivastava being neither Secreta....
2014 Supreme(Online)(KER) 41233 • India - High Court of Kerala
K.HARILAL, J
the property involved, emphasizing that ownership changes do not absolve individuals from the binding nature of such decrees, which ... The decree holders claimed that the construction violated their rights under the terms of the decree. ... Injunction - Decree Binding - CPC Section List - The court held that a decree for injunction remains binding on successors of ... Since the act which is being done by him is one in his personal capacity as the absolute owner in possession of the pr....
2025 Supreme(Online)(Ker) 41001 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
... ... Ratio Decidendi: The Court held that a limited life interest does not grant sufficient rights to execute a renewal lease ... The defendants countered that they had the right to renew leases executed historically over the property. ... Reforms Act, 1963 - Section 106 - Transfer of Property Act, 1882 - Appeal arising from a suit regarding the validity of a lease executed ... d) Whether the premature termination of the lease created by a legally competent person without valid re....
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