What is the purpose of section 47 of CPC?
Asked by: Vena Shields | Last update: February 16, 2026Score: 4.3/5 (58 votes)
Section 47 of India's Code of Civil Procedure (CPC) empowers the court executing a decree to decide all questions concerning its execution, discharge, or satisfaction, preventing separate lawsuits and ensuring efficiency by keeping related matters within the execution stage. Its purpose is to resolve disputes between parties or their representatives about implementing the judgment, such as payment, adjustment, or enforceability, without re-examining the merits of the original decree.
What is Section 47 of the CPC about?
47. Section 47 is one of the most important provisions in the Code relating to execution. It applies only to matters arising subsequent to the passing of a decree; and deals with objections to execution, discharge and satisfaction of a decree.
What are the essentials of Section 47 of the CPC?
(1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.
How is section 47 used in civil cases?
California Civil Code Section 47 provides immunity for certain communications, including witness statements, protecting them from defamation lawsuits if made in judicial or official proceedings. To challenge a statement, plaintiffs must prove it falls outside this privilege, was false, and made with actual malice.
How is Section 47 CPC applied in court?
(1) An allegation or averment contained in any pleading or affidavit filed in an action for marital dissolution or legal separation made of or concerning a person by or against whom no affirmative relief is prayed in the action shall not be a privileged publication or broadcast as to the person making the allegation or ...
CPC Section 47 Questions to be Determined by Executing Decree|The Code of Civil Procedure Section 47
Who enforces section 47 of the CPC?
Section 47 of the Code of Civil Procedure (CPC) delineates the court's authority and responsibilities in this process. 1. Enforcement Oversight: The court is responsible for overseeing and supervising the execution of decrees.
What is the order 47 of the Code of Civil Procedure?
Code of Civil Procedure, 1908: Order 47 Rule I. to be "reheard and corrected"-A review petition has a limited purpose and cannot be allowed to be ''an appeal in disguise' '-Recourse to review petition in the facts and circumstances of the case was not permissible .
What is the purpose of section 47?
Purpose of Section 47 Enquiries
A Section 47 Enquiry is initiated to decide whether, and what type of, action is required to safeguard and promote the welfare of a child who is suspected of, or likely to be, suffering significant harm.
Why is rule 47 important?
Proposition 47 was introduced to address prison overcrowding, adopt alternative sentencing methods, and reduce nonviolent offense incarcerations.
What is Section 47 of the Civil Procedure Code CPC?
The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any ...
What are some landmark cases involving Section 47?
Abhishek Raja "Ram"
- Top 5 Landmark Case Laws on Section 47 Returns : Key Judicial Rulings and Their Implications.
- Suchak Marketing – ( Kolkata Bench )
- (2013) 42 GST 3: 35 taxmann 360.
- The court ruled that under Circular No. ...
- Aap And Co – ( Gujarat High Court )
- (2019) 108 taxmann 590.
Is Section 47 CPC appealable?
Orders passed under Section 47, CPC now no more amount to a decree. No appeal is provided against such orders under ... expeditiously as possible and hence these amendments.
What is objection under section 47 of CPC?
The Supreme Court held that an objection petition under Section 47 of the Code of Civil Procedure, 1908 (CPC)—against execution of a decree—should not be treated as the commencement of a new trial. The Anglo-American Metallurgical Coal Pvt Ltd (Anglo) invoked the arbitration clause in the Long Term Agreement entered...
What is the scope of Section 47 CPC?
The Supreme Court began by clarifying the narrow scope of Section 47 CPC. A decree can be questioned at the execution stage only if it is a nullity, typically due to lack of jurisdiction. Errors of fact or law, or issues already determined in earlier proceedings, cannot be reopened.
What is a section 47 offence?
Section 47 OAPA 1861 – maximum 5 years' imprisonment
This offence (section 47 OAPA 1861) is committed when a person intentionally or recklessly assaults another, thereby causing actual bodily harm (ABH). Harm need not be permanent but must be more than transient and trifling: R v Donovan [1934] 2 KB 498.
What is the Section 47 privilege?
In California, the litigation privilege is covered under Civil Code Section 47b. This common law doctrine grants protection from civil liability for certain communications and actions that are made in connection with or in preparation for legal proceedings.
What are some examples of rule 47?
Rule 47. Selecting Jurors
- (a) Examining Jurors. The court may permit the parties or their attorneys to examine prospective jurors or may itself do so. ...
- (b) Peremptory Challenges. The court must allow the number of peremptory challenges provided by 28 U.S.C. ...
- (c) Excusing a Juror.
Where does rule 47 apply?
Rule 47. Local Rules by Courts of Appeals. (a) Local Rules. (1) Each court of appeals acting by a majority of its judges in regular active service may, after giving appropriate public notice and opportunity for comment, make and amend rules governing its practice.
What was the intention behind article 47?
A key objective of Prop 47 was to reduce incarceration in the state—and shift resources towards alternative public safety strategies; a look at the county jail and state prison population shows that the reform succeeded in this respect.
What are the possible outcomes of a section 47?
How many outcomes are there of a section 47 Enquiry? There are five possible outcomes of a Section 47 Enquiry: No Further Action: If the enquiry determines that the child is not at significant risk of harm, no further action may be taken, and the case may be closed.
How does s47 relate to domestic abuse cases?
The purpose of a Section 47 investigation is to determine whether the child is suffering, or likely to suffer, significant harm. Significant harm can manifest in various forms including physical, emotional, sexual abuse, neglect or exposure to domestic violence.
What responsibilities do parents have under Section 47?
Parents are integral to the Section 47 process and are kept informed of concerns and developments unless doing so would endanger the child. Parents' rights include the following: The right to be informed about the reasons for the enquiry. The right to receive support and advice from professionals.
What are valid reasons for appeal?
Grounds of appeal are the specific legal reasons a party claims a lower court made a significant error, justifying a higher court review, typically involving legal mistakes (wrong law application, jury instructions), procedural errors (jury selection, evidence handling), constitutional violations (due process), insufficient evidence, ineffective counsel, or prosecutorial misconduct, aiming to overturn or modify the original ruling.
What are the limitations of Order 47 Rule 1 CPC?
CPC-Review Order 47 Rule 1. Scope of review. The error must be such as would be apparent on mere looking of the record. Reappraisal of the entire evidence on record for finding the error would amount to exercise of appellate jurisdiction which is NOT permissible.
What are the 7 stages of a case?
The 7 stages of a criminal trial generally include Jury Selection, Opening Statements, Prosecution's Case (witnesses/evidence), Defense's Case, followed by Closing Arguments, Jury Instructions, and finally, the Verdict and potential Sentencing, though pre-trial phases like investigation, arraignment, and discovery also precede these. These steps guide the presentation of evidence and arguments, culminating in a decision by the jury or judge.