A foreign judgment is defined under section 2 (6) of the CPC as a judgment of a foreign court. A foreign court, under section 2(5) of CPC, means a court situated outside India and not established or continued by the authority of the Central Government.
What is a foreign judgment 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.
Are foreign judgments binding 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 foreign judgments 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. In such a case, the judgment debtor can raise the claim of res judicata and forestall the suit at the preliminary stage.
Which court validity of a foreign judgment 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.
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 …
What is a foreign order?
Foreign order means an order made by a court of a foreign country, which is made for the purposes of the Conventions or legislation enacted for the purpose of implementing the Conventions and shall include- Sample 1.
What is stay of suit in CPC?
Explanation- The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from trying a suit founded on the same cause of action. …
What is Mesne profit in CPC?
“‘Mesne profits’ of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits but shall not include profits due to improvements made by the person, in wrongful possession”.
What is res judicata in CPC?
The doctrine of Res Judicata has been defined in Section 11 of the Civil Procedure Code. The doctrine of the Res Judicata means the matter is already judged. It means that no court will have the power to try any fresh suit or issues which has been already settled in the former suit between the same parties.
What is foreign jurisdiction?
foreign jurisdiction means any jurisdiction outside of the United States including, without limitation, countries, states, provinces and localities.
What is a foreign decree?
Foreign Judgment/Foreign Decree
A foreign judgment is defined under Section 2 (6) of the CPC as a judgment of a foreign Court. A foreign Court, under Section 2(5) of CPC, means a Court situated outside India and not established or continued by the authority of the Central Government.
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.
What is a foreign judgment discuss the grounds when foreign judgment is not conclusive as to any matter already adjudicated?
Foreign Judgement against International or Indian Law: 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.
What is affidavit in CPC?
Affidavit under Section 139 of the CPC is a statement in writing, made before an officer of the court authorized to administer oaths. The person making the affidavits known as the deponent for he ‘deposes’ to the facts contained therein.
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.