Can a foreign judgment be enforced in India?
A foreign judgment which is conclusive under Section 13 of the code may be enforced by instituting execution proceedings under Section 44-A in the case of ‘reciprocating territories’ (see question 1.2) or by instituting a civil suit on the judgment in the case of non-reciprocating territories.
How the foreign judgment can be enforced?
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. Therefore, the judgment debtor can raise the claim of res judicata and stay the suit at the preliminary stage.
Can a Judgement be enforced in another country?
For example, in New South Wales and Queensland the limitation period is 12 years from the date on which the judgment becomes enforceable in the country in which the judgment was made, but can be up to 15 years in other States and Territories.
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.
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 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.
Which foreign judgment is executable 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 is a foreign judgement and state the condition for its enforcement in India?
Section 2(6) lays down the definition of foreign judgment as foreign judgment means the judgment of a foreign Court [ii]; … Explicitly, it can be laid down as, a foreign judgment is a adjudication of a case presented before a foreign court.
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.
Can Debt follow you to another country?
In short, while it’s costly for lenders to pursue your debts internationally, it’s still possible that they will choose to do so. Your credit score is not immune to any international debt either, so your best course of action is to pay off anything you owe, even if it’s across the border.
Can someone sue me from another country?
The short answer to this question is yes. You can sue someone from another country just as you can be sued in the United States by someone from another country. … If you were involved in a libel or slander case your best bet would be to sue the individual in the country in which they live.
Can international law be enforced?
Ultimately, the Security Council of the United Nations is empowered to broadly enforce international law. They can do this through sanctions, peace-keeping operations, or formal censures. … Both the Security Council and I.C.J. determine for themselves what sources of international law apply in individual cases.