The Court was dealing with the impugned order of the Telangana High Court, whereby the High Court had set aside the order passed by the Trial Court by holding that the unregistered and unstamped family settlement Khararunama and receipt of Rs. (2) Section II applies to the enforcement in foreign countries of judgments of the High Court and of the County Court. The Khararunama reads, inter alia, as follows: "We, the three are brothers. Links to this primary source; Ltd. and do not constitute legal advice. 26. Item No.1 is the terrace house, ground floor and upstairs. Blog are for informational purposes only and for the reader's personal non-commercial use. In the facts of this case, the contention of the appellants is that the Kharurunama dated 15.04.1986 merely sets out the arrangement arrived at between the brothers which is the family arrangement and it was a mere record of the past transaction and therefore by itself it did not create or extinguish any right over immovable property. Even otherwise, the document Exh. Back to top. A pending appeal is not a ground on which enforcement can be refused if the judgment is already enforceable in the state in which it was granted. (c) section 4B of the 1982 Act; for the registration of foreign judgments for enforcement in England and Wales. (2) If the person causing the risk resides in a Member State of the European Union other than the United Kingdom or in a country outside the European Union, Article 11 notice must be given by sending it by registered letter with acknowledgment of receipt or other confirmation of delivery or equivalent to the last known place of residence of that person. If the common law regime applies, the process takes longer. From these words, it is quite obvious that the document Exh. No doubt in the said case, the court has followed the Judgment in Yellapu Uma Maheswari and Another (supra). We heard Shri M. Vijay Bhaskar, learned Counsel on behalf of the appellants and also Shri Venkateshwar Rao, learned Counsel on behalf of the respondent. It is well settled that the nomenclature given to the document is not decisive factor but the nature and substance of the transaction has to be determined with reference to the terms of the documents and that the admissibility of a document is entirely dependent upon the recitals contained in that document but not on the basis of the pleadings set up by the party who seeks to introduce the document in question. 297), where the learned Judge observed: "What is prohibited by the section is receiving a document as evidence of a, transaction, not merely receiving it in evidence, i.e., as a piece of evidence having a bearing on the question to be ultimately decided. 4. All rights reserved. The next question before the Bench was whether the Khararunama by itself affects, i.e., by itself creates, declares, limits or extinguishes rights in the immovable properties in question or whether it merely refers to what the appellants alleged were past transactions which had been entered into by the parties, the Bench answered, going by the words used in the document, they indicate that the words were intended to refer to the arrangements allegedly which the parties made in the past and the document did not purport to by itself create, declare, assign, extinguish or limit right in properties. Only judgments of certain recognised courts can be enforced under the Foreign Judgments (Reciprocal Enforcement) Act 1933. (3) Any party wishing to enforce a judgmentmust file evidence of the service on the judgment debtor of. 25. This Court after referring to the document held as follows: "8. As per section 49 of the Registration Act, the failure of a party to register a document required to be registered, under the Registration Act, means that such document cannot create or. (2) No steps may be taken to enforce the judgment, (a) before the end of the period specified in accordance with rule 74.6(3)(d), or that period as extended by the court; or. 77k (a). For other grounds on which enforcement can be refused, see, A foreign judgment is only enforceable under the statutory regime if the foreign court had international jurisdiction according to English private international law principles (see. (3) An application under this rule must include a copy of the Article 14 certificate issued in the other Member State. A compromise decree passed by a Court would ordinarily be covered by Section 17(1)(b) but sub-section(2) of Section 17 provides for an exception for any decree or order of a Court except a decree or Only the judgments of superior courts can be enforced under the Administration of Justice Act 1920. Enforcement is governed by the law of the enforcing country. The enforcing court will not automatically review service of proceedings, but a judgment creditor must ensure that their opponent is served with the judgment (CPR 40.4). 5. EBC Publishing Pvt. 16. In other words, the Bench held, merely admitting the Khararunama containing record of the alleged past transaction, is not to be, understood as meaning that if those past transactions require registration, then, the mere admission, in evidence of the Khararunama and the receipt would produce any legal effect on the immovable properties in question., In Muruga Mudallar v. Subba Reddiar, 1950 SCC OnLine Mad 136, the Madras High Court had held that, the consequence of non-registration is to prohibit the document from being received not in evidence, but as evidence of any transaction affecting such property.. We cannot agree that on the authority of Varatha Pillai's case (1918) 46 I.A. The precise form of application (and information required within that form) varies depending on the precise remedy sought, but generally includes: Details or a copy of the judgment being enforced. However, under the European regime, this will be construed particularly narrowly (. which may be required under the relevant Order in Council extending Part I of the 1933 Act to that State. The properties, which are mentioned in the Khararunama, became the separate properties of the respondent. (ii) is not subject to a stay of execution; (i) the date on which the time for appealing expired or will expire; (ii) whether an appeal notice has been filed; (iii) the status of any application for permission to appeal; and. The proviso carves out two exceptions. (v) the determination of costs by an officer of the court; (d) State of origin, in relation to any judgment, means the State in which that judgment was given; and. Section 17(1)(c) reads as follows: 17(1)(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and. 1 to 3 of us have been enjoying the properties as mentioned above with absolute rights. For the statutory regime, the conditions for enforcement are as follows: the judgment debtor was resident (if an individual) or had a place of business in the country of that court; the judgment debtor submitted to that jurisdiction; or. Thus, the transaction or the past transactions cannot be proved by using the Khararunama as evidence of the transaction. Vs. State of Uttar Pradesh & Ors. The only question which needs to be considered in the present case is as to whether document dated 9-9-1994 could have been accepted by the trial court in evidence or the trial court has rightly held the said document inadmissible. Changes to Legislation. (C) No(s). (c) in such other manner as the court may direct. 29. Even if one of the parties to the settlement has no title but under the arrangement the other party relinquishes all its claims or titles in favour of such a person and acknowledges him to be the sole owner, then the antecedent title must be assumed and the family arrangement will be upheld and the courts will find no difficulty in giving assent to the same; (6) Even if bona fide disputes, present or possible, which may not involve legal claims are settled by a bona fide family arrangement which is fair and equitable the family arrangement is final and binding on the parties to the settlement.". Whether registration of family settlement not affecting immovable property compulsory? The old Brussels Regulation still applies to judgments from Denmark and all other EU member states where proceedings were commenced before 10 January 2015. 27. At the intervention of the elders, it was settled and agreed between the appellants and the respondent that respondent should give away his portion to the second appellant and respondent should also give away his one-third portion in Nadava margam to the appellants and in consideration for the same the first appellant was to give Rs.25,000/- and the second appellant was to give Rs.75,000/- to the respondent. An arbitration agreement does not require registration under the Registration Act. It is also admitted fact that all three agreements were not duly stamped under Section 17 ( 1A) of the Registration . In a suit for partition, an unregistered document can be relied upon for collateral purpose i.e. To sum up it is well settled in a long series of decisions which have since received statutory recognition by the Amending Act of 1929 (vide the concluding words of the new proviso to Section 49 of the Registration Act) that a compulsorily registrable but an unregistered document is admissible in evidence for a collateral purpose that is to say, for any purpose other than that of creating, declaring, assigning, limiting or extinguishing a right to immovable property. Challenging the legitimacy of corporate restructurings in insolvency proceedings. First is as evidence of a contract in a suit for specific performance. It is executed in favour of the second appellant. Highly complex contempt of court proceedings. The respondent is the younger brother of the appellants. D-4 dated 23-4-1971, to which he is also the signatory and all other family members are signatory, can be said to be a list of properties partitioned. The respondent also obtained one of the triplicate copies. A witness statement in support of the application, setting out certain required information listed in the CPR (CPR 74.4). 32. Section 17(1)(c) reads as follows: "17(1)(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and", 13. [Subraya M.N. (ii) the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue; (e) the date on which the time for appealing expired or will expire; (f) whether an appeal notice has been filed; (g) the status of any application for permission to appeal; and. The judgment is covered by certain agreements with third-party states not to recognise certain judgments against their domiciliaries. As yet, no country has ratified this convention and it will not come into force in any country until about 12 months after ratification (and will only apply to proceedings commenced in the country where judgment was obtained at a time when both that country and the country where the judgment is to be enforced were parties to the convention). The purpose of registering a document is to notify the rest of the world that it has been executed. In SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. EBC Publishing Pvt. This Court inter alia held as follows: "15. Everybody got right/share as per the oral partition/partition. On the other hand, the case of the appellants is that while partition list dated 17.11.1980 was executed recording the fact of partition, which was already effected, there were subsequent developments. Two propositions must therefore flow: (1) A partition may be effected orally; but if it is subsequently reduced into a form of a document and that document purports by itself to effect a division and embodies all the terms of bargain, it will be necessary to register it. Even if it is found as one of the clauses in a contract or instrument, it is an independent agreement to refer the disputes to arbitration, which is independent of the main contract or instrument. In K. Panchapagesa Ayyar v. K. Kalyanasundaram Ayyar, 1956 SCC OnLine Mad 141, the Madras High Court was of the view: To sum up it is well settled in a long series of decisions which have since received statutory recognition by the Amending Act of 1929 (vide the concluding words of the new proviso to Section 49 of the Registration Act) that a compulsorily registrable but an unregistered document is admissible in evidence for a collateral purpose that is to say, for any purpose other than that of creating, declaring, assigning, limiting or extinguishing a right to immovable property. Norwich Pharmacal proceedings in the Jersey appellate courts. 1. Judgement Date : april/2023 , Citation : 2023 Latest Caselaw 381 SC Read full Judgement The enforcing court can only consider the jurisdiction of the foreign court on application of a party and to the extent that the judgment conflicts with: The rules setting out how jurisdiction must be determined for insurance, consumer or employment matters (in relation to the Recast Brussels Regulation only) (Article 45(1)(e), Recast Brussels Regulation). (e) 'writ of control' is to be construed in accordance with section 62(4) of the Tribunals, Courts and Enforcement Act 2007; (iv) a writ of fieri facias de bonis ecclesiasticis. 54-57.". It is pointed out that High Court erred in not considering the family settlement Khararunama and receipt dated 08.12.1993 in accordance with well-established principles relating to the law of family settlement /family arrangement. It is submitted by the appellants that the Family settlement Khararunama dated 15.04.1986 was prepared in triplicate. Ltd. disclaims all liability to any person for any loss or damage caused by errors or omissions, whether arising from negligence, accident or any Why Gujarat Judges Promotion Stayed by Supreme Court? [Korukonda . A different rate may be applied where the judgment is expressed in a foreign currency. On 2 July 2019, the Hague Conference on Private International Law finalised a new treaty, the 2019 Hague Judgment Convention, which will deal with the enforcement of foreign judgments where no exclusive jurisdiction clause has been agreed between the parties. Therefore, a mere recital of what has already taken place cannot be held to declare any right and there would be no necessity of registering such a document. No document required by section 17 1 [or by any provision of the Transfer of Property Act, 1882 (4 of 1882),] to be registered shall (a) affect any immovable property comprised therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting such property or conferring such power, unless . Karnataka High Court Smt Jayamma vs The State Of Karnataka on 24 January, 2020 Author: S.N. For a sum of money, but not for taxes, a fine or other penalty. This court held as follows: "11. A judgment of a court is immediately enforceable unless either: The court states that it is not enforceable for a period of time. There are two plaint schedule items. It was, inter alia, mentioned therein that the defendant, in whose favour the plaintiffs 3 and 4 relinquished the rights, had paid Rs.15,000/- each to the said plaintiffs. 23. 3 of us and we are enjoying those properties. After his death, the plaintiff, the defendant and their mother as well as sisters become the legal heirs under the Hindu Succession Act, 1956 inheriting the property being a Class I heir. (b) to which section 5 of the Protection of Trading Interests Act 1980 applies7. other cause. This Court repelled the case of the plaintiffs and held as follows in Kirpal Kaur (supra): "15. A gift was made by her. Undoubtedly, Section 17(1)(b) makes other non-testamentary instruments, which purport or operate to create, assign, limit or extinguish whether in present or in future any right or interest whether vested or contingent of the value of Rs.100/- and upwards in an immovable property compulsorily registrable. A Q&A guide to enforcement of judgments in the UK (England and Wales). Under section 9(2)(e) of this Act, if an appeal is pending or is intended to be lodged, the judgment cannot be registered. There is a long line of judgments of this court dealing with the question as to whether a family arrangement is compulsorily registrable.
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