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.
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 …
On what grounds can foreign judgments 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 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.
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 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 is a notice of filing of foreign judgment?
The 1964 Foreign Judgment Act allowed the states to enforce a judgment from another state without the expense of litigation. … Entitle this notice document as “NOTICE OF FILING FOREIGN JUDGMENT” and include the affidavit and exemplified copy of the judgment.
What is the difference between recognition and enforcement of foreign judgments?
Recognition means treating the claim as having been determined in favour of one of the litigating parties. This is an acknowledgment of foreign competence and of the settling of a dispute, known as res judicata. Enforcement, by contrast, is the implementation of the judgment.
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.
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.
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.
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.
In what manner may decree of a foreign court be executed 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 the difference between decree order and judgement?
The Decision given by Court of law, are either decrees or orders. On the grounds of decree or order, a judgment is passed by the court. … An order is nothing but a judgment while a decree is a final part of judgement.