A foreign judgment passed by a court of a non-reciprocating country can only be enforced by filing a new suit in India where the foreign decree is merely a piece of evidence with persuasive value. In such a case, the judgment debtor can raise the claim of res judicata and forestall the suit at the preliminary stage.
How are foreign Judgements enforced?
Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.
Can a foreign Judgement be executed in India?
Foreign decree of a reciprocating territory be executed as an Indian decree. By virtue of section 44A of the CPC, a decree of any superior court of a reciprocating territory shall be executed in India as a decree passed by the Indian district court.
What are the basis of recognition and enforcement of foreign judgments in India?
A sharp legal distinction can be drawn between recognition and enforcement, Section 13 of the Code of Civil Procedure, 1908 furnishes the basis for recognition of a foreign judgement, which is a former step to be taken by courts before enforcement of any foreign judgment.
Under what circumstances the courts in India will recognize and enforce the foreign judgment?
No contest: If the person against which the decree is to be executed does not appear or show cause as to why the decree should not be executed, the court will recognise and enforce the foreign decree as if it were a judgment of the Indian court and will allow the decree holder to execute the judgment against the assets …
How are foreign decrees enforced in India?
In the case of non-reciprocating territories, the foreign decree can be enforced only by filing a suit in the district court for a judgment based on that foreign judgment.
Under what circumstances is a foreign judgment conclusive?
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except- (a) where it has not been pronounced by a Court of competent jurisdiction; (b) where it has not been given on …
Are foreign judgment binding in India?
As per the provisions of the Code, foreign judgments from reciprocating territories are enforceable in India in the same manner as the decrees passed by Indian courts.
Is foreign divorce valid in India?
A foreign divorce decree is recognized and is considered final and valid in courts in India, unless the decree is legally flawed under general and divorce laws.
WHO declares a reciprocating territory?
‘Reciprocating territory’ means any country or territory outside India which the Central Government may by notification declare to be a reciprocating territory for the purposes of Section 44-A. A ‘superior court’ with reference to any such territory would mean such courts as are specified in the said notification.
What is the difference between recognition and enforcement?
The difference was outlined by the Full Court as follows: Simplistically, recognition refers to the formal confirmation by a municipal court that an arbitral award is authentic and has legal consequences under municipal law. Enforcement goes a step further.
How the Foreign Judgments serves as an aid to interpretation?
Foreign Judgments As An Aid To Interpretation
In this process the judiciary of one country may borrow foreign judicial decisions of other nations or international adjudicatory bodies to understand how they interpret the treaties a, laws, doctrines, etc.
On what grounds can foreign judgments be refused recognition before an Indian court?
As noted above, an Indian court may refuse to recognise a foreign judgment if it is in disregard to Indian law or is in breach of any law in force in India. This is one of the grounds under Section 13 of the CPC, which provides exceptions to recognition of a foreign judgment in India.
In which court validity of a foreign Judgement can be challenged under section 13 of CPC?
The Supreme Court in a case[viii] observed that under Section 13(e) of the CPC, the foreign judgment is open to challenge where it has been obtained by fraud. Fraud as to the jurisdiction of the Nevada court is a vital consideration in the recognition of the decree passed by that court.
What is the difference between decree order and Judgement?
The Decision given by Court of law, are either decrees or orders. On the grounds of decree or order, a judgment is passed by the court. … An order is nothing but a judgment while a decree is a final part of judgement.
In what manner may decree of a foreign court be executed in India?
This is known as recognition of a foreign decree and is a pre-condition for enforcing the foreign decree. Once the foreign decree is recognised, it can be executed under section 44A of the Code of Civil Procedure, 1908. Unless a foreign decree is said to be conclusive, it cannot be executed. 9.