Supreme Court of India · 2023-05-16
JINI DHANRAJGIR vs SHIBU MATHEW AND ANR. ETC. ETC.
- Citation / case number
- SC 2018/36958
- Court
- Supreme Court of India
- Petitioner
- JINI DHANRAJGIR
- Respondent
- SHIBU MATHEW AND ANR. ETC. ETC.
- Author
- HON'BLE MR. JUSTICE DIPANKAR DATTA
- Bench
- HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE A.S. BOPANNA
Judgment text excerpt
The Supreme Court reflects on the historical challenges faced by decree-holders in executing civil decrees, emphasizing that courts must ensure procedural laws are not abused by judgment-debtors to defraud creditors. The judgment references historic observations by the Privy Council and the Oudh Judicial Commissioner's Court, highlighting the ongoing issues of misuse of legal processes. The court underscores the importance of upholding the law and ensuring that valid decrees are enforced despite potential difficulties. The case illustrates the enduring tension between procedural safeguards and the need for effective enforcement of decrees.