What do you mean by foreign judgement?
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 judgement of a foreign court is called?
The “recognition” of a foreign judgment occurs when the court of one country accepts a judicial decision made by the courts of another “foreign” country, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.
What is a foreign judgment when is it conclusive in nature?
Foreign judgment or decree to be conclusive
It has not been pronounced by a court of competent jurisdiction; … 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.
What is foreign judgement discuss the conditions for the enforcement of a judgement given by a foreign court in India?
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.
Why is foreign Judgement regarded as being 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 is presumption relating to foreign Judgement?
The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment’ that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
What do you mean by foreign Judgement When is a foreign Judgement not conclusive?
When a foreign judgement is not decided on the merits, it cannot be held conclusive. Where a judgement is given on evidence, it is deemed to be a judgement on the merits. However, if no evidence is adduced by the plaintiff and judgement is against the defendant by way of penalty, it will not be conclusive.
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 a foreign Judgement operates as res judicata?
In order to operate as res judicata, a foreign judgment must have been given on merits of the case. A judgment is said to have been given on merits when, after taking evidence and after applying his mind regarding the truth or falsity of the plaintiff’s case, the Judge decides the case one way or the other.
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.
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.