What is a foreign judgment in CPC?
Section 2(6) of the Code of Civil Procedure, 1908 (CPC) defines a foreign judgement as a judgement of a foreign court. A foreign court is defined by Section 2(5) of the CPC as a court situated outside India and not established or continued by the authority of the Central Government.
What is foreign Judgement in interpretation of statutes?
Laws in India
And a Foreign Judgment means a judgment of a foreign court. In other words, a foreign judgment means adjudication by a foreign court upon a matter before it. Thus judgments delivered by courts in England, France, Germany, USA, etc. are foreign judgments.
Is foreign Judgement applicable in India?
Foreign judgments pronounced by superior courts of reciprocating territories are enforceable in India in the same manner as a judgment from a domestic district court. Therefore, a right to appeal such judgments exists in the same manner as the right to appeal the judgment of an Indian court.
How do I prove a foreign Judgement?
Since a foreign judgment is considered a public document under Rule 132 of the Rules of Court, Section 19 in relation to Section 24 thereof requires proof, either by (1) an official publication or (2) a copy attested by the officer having legal custody of the document.
When can a foreign judgment be enforced?
A judgment obtained from a non-reciprocating territory can be enforced by filing a new suit in an Indian court for which a limitation period of 3 years has been specified under the Limitation Act, 1963 commencing from the date of the said judgment passed by foreign court.
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.
How do you enforce a foreign judgment?
Enforcement of a Foreign Judgment in the U.S.
Enforcement cannot be accomplished by means of letters rogatory in the United States. 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.
When a foreign Judgement will be 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 …
Under what circumstances a foreign Judgement would not be conclusive in India as discussed in CPC?
Foreign judgment or decree to be conclusive
It has not been given on the merits of the case; … The proceedings in which the judgment was obtained are opposed to natural justice; It has been obtained by fraud; It sustains a claim founded on a breach of any law in force in India.
Can a foreign decree be executed in India?
As foreign decree from the superior courts of a reciprocating territory can be executed in an Indian court, as if, the foreign decree had been passed by an Indian court, the party seeking execution of such foreign decree must pay a court filing fee, which varies from one State to the other.
On what grounds can foreign judgment 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.
What is decree under CPC?
Decree. Defined u/s 2(2) of Civil Procedure Code, 1908. It means the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matter in controversy in the suit. A decree may be either preliminary or final.