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ARTICLE · 09 MAY 2020

Foreign Decree - Enforceability And Its Amplitude Over A Period Of Time

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Section 44A ("Section") was introduced/inserted by way of an amendment to the Code of Civil Procedure, 1908 ("CPC") in 1937.

IndiaLitigation, Mediation & Arbitration
Ranjit Shetty
Ranjit Shetty
Jonathan Jose
Jonathan Jose
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Background/History

Section 44A ("Section") was introduced/inserted by way of an amendment to the Code of Civil Procedure, 1908 ("CPC") in 1937.

The amendment or rather the Section itself was brought in to enable enforcement of a decree (excluding an arbitration award) for payable of monies (excluding taxes and penalties) within the territory of 'British ruled India' but only restricting the enforcement of a decree passed by the Superior Courts in the United Kingdom and other reciprocating territories. Further the scope of enforceability was restricted to a reciprocating territory pertaining to any country or territory situated in 'His Majesty's Dominions' (countries ruled by the British) or any territory in India which the Governor General declared by a notification to be a reciprocating territory.

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