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Report No. 144

3.2.7. Recommendation to amend Negotiable Instruments Act.-

In view of the conflict of decisions on the subject the law stands in need of clarification. On the whole, it seems preferable to confine section 79, Negotiable Instruments Act, to the period before the institution of the suit, thus adopting, in substance, the view taken by the High Courts of Andhra Pradesh and Jammu and Kashmir. Matters relating to the period of litigation can best be left to the discretion of the court and, from that point of view, section 34 should be allowed to operate even regarding suits on negotiable instrument.

In practice, this will not make much difference because, even under section 34, courts in most cases do direct that interest pendente lite should be paid at the contractual rate. But as a matter of legislative provision, and on principle, it scorns preferable to leave the discretion to the court and consequentially amend section 79, Negotiable Instruments Act, by substituting, for the words "such date after the institution of a suit," the words "not later than the institution of a suit". We recommend accordingly.

3.3. Section 39 and Execution of Decrees outside Jurisdiction

3.3.1. Section 39 authorises a court to send a decree for execution to another court in certain specified situations. Broadly speaking, these are situations where the property or person or against whom, execution is sought, is outside the local limits of the jurisdiction of the court.



Conflicting Judicial Decisions pertaining to the Code of Civil Procedure Back




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