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may 2023

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.

JINI DHANRAJGIR vs SHIBU MATHEW AND ANR. ETC. ETC. · Niyam