Best answer: On what grounds can foreign judgement 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.

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.

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Under which circumstances foreign Judgement shall not be conclusive?

When a judgement passed by a foreign court is based upon an incorrect legal view or in defiance of Indian laws where such laws are applicable, it is not conclusive and the matter adjudicated therein is not enforceable in India.

Can a foreign judgment be accepted and enforced in India?

A recognised foreign judgment can be enforced in India in two ways: enforcement of a judgment from a superior court of a reciprocating territory in the same manner as a decree passed by a domestic district court.

What are ground on which the conclusiveness of foreign judgment can be challenged in court of law?

A court decision on the conclusiveness of a foreign judgment or decree may be challenged by way of a review or appeal under the Code of Civil Procedure, 1908 in some cases.

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 …

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.

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.

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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.

Can a foreign decree be executed in India?

Under Section 44A of the CPC, foreign decrees can only be executed in India if they are passed by any “Superior Court” of any “reciprocating territory”. The Central Government notifies from time to time as to what are the Reciprocating territories and the respective Superior Courts.

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.

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.

Who can claim Mesne profits?

According to Section 2(12) a person becomes entitled to mesne profits only when he has right to obtain possession but another person whose occupation is unauthorized keeps him deprived of that possession. The first and foremost condition for awarding mesne profits is unlawful possession of the occupant of the property.

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What is a foreign Judgement case?

Generally, a “foreign judgment” is one that is rendered in another state or country that is judicially distinct from the state where collection of the judgment is sought.

Which suits are not of civil nature?

Some suits that are not of civil nature are:

  • Suits involving purely religious rites.
  • Suits for mere dignity or honour.
  • Suits against compulsion from caste and so on.

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.