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.
Are foreign judgments applicable 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.
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.
Are US judgments enforceable in India?
Any judgment passed by a U.S. court is considered a “foreign judgment” and the court itself a “foreign court” in the eyes of Indian law. Such a foreign judgment may be enforced in India by filing for execution of the same under the provisions of India’s Code of Civil Procedure.
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 …
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.
Can a foreigner be sued in India?
In India, the locus standi of suits filed by foreigner and foreign state is governed by section 83 and 84 of the code of civil procedure. Section 83 provides thus: … A foreigner can sue an Indian in India before a competent court. A foreign company can sue an Indian company in India before a competent court.
Can you leave the country if you have a Judgement?
A judgment can allow a creditor to file a lien against your property or garnish your accounts, for example. While they can’t keep you from leaving the state or country, the creditors can keep you from taking some of your assets with you.
What happens if you never pay a Judgement?
If you do not pay the judgment, the judgment creditor can garnish or “seize” your property. The judgment creditor can get an order that tells the Sheriff to take your personal property, like the money in your bank account or your car, to pay the 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 …
Can I avoid paying a Judgement?
You might be able to prevent collection of a judgment by negotiating with the creditor or claiming property as exempt. If a creditor sues you and gets a judgment, it has a whole host of collection methods available to get its money from you, including wage attachments, property levies, assignment orders, and more.
What assets Cannot be seized in a Judgement?
All states have designated certain types of property as “exempt,” or free from seizure, by judgment creditors. For example, clothing, basic household furnishings, your house, and your car are commonly exempt, as long as they’re not worth too much.
What happens if court order is not followed in India?
There should be disobedience of a valid order to constitute contempt of court. … Disobedience of a decree, direction, writ or other process of a court, or an undertaking given to the court, will also amount to contempt of court. It was held by the Supreme Court, in the case of H.
What is register foreign judgment?
A foreign judgment is a judgment entered by a court in another state or country. … The clerk will complete a Notice of Registration and mail it to the parties and the police department if the judgment is a Protection Order.
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.