A foreign country court has jurisdiction to give a judgment in personam in four case. The Indian Legislature in its wisdom has statutorily incorporated international covenants into domestic law. A foreign judgment may not therefore be challenged on the grounds that the foreign court was manifestly wrong on the merits of the case or misapplied the relevant law. Execution Proceedings A foreign judgment may also be enforced by proceedings in execution in certain specified cases mentioned in Section 44-A of the Code. It is implicit that the foreign law and foreign judgment would not offend against our public policy.
The parties may have to wait in the latter case, but the Limitation Period prescribed is more than enough to file a suit and enforce it in the Indian Courts only. Foreign Award An award passed by foreign arbitrator is enforceable in a country where it was made and can also be enforced in India. That a judgment has been pronounced by the Supreme Court in the State of New York dissolving the marriage between the plaintiff and the defendant stands admitted in the plaint. Also, before making an application to enforce the judgment, the judgment-creditor should ascertain the assets of the judgment-debtor and the rights of third parties vested in those assets. The Court held that it was the firm which had accepted the jurisdiction of the foreign Court and the Respondent, in an individual capacity, had not accepted the jurisdiction. As the respondent Indian company still did not pay the amount, the Petitioner foreign company filed a petition for winding up of the Indian company. The effect of applying for summary judgment is that the process of enforcing the foreign judgment is expedited and simplified.
Reasonable notice is an essential element of the principle of natural justice and, under Section 13 d of the Code of Civil Procedure, the Indian courts will consider the question of service of process to see whether reasonable notice was given to the judgment debtor. The convention has as of 2013 not entered into force. When can such a challenge be made? If the foreign judgment or decree fails any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Brace Transport is an authoritative case on this point. The learned counsel for the appellant was heard at length as to whether it would be permissible in law to introduce new questions of fact in the memorandum of appeal, which did not at all find place in the pleadings.
. Explaining the nature of fraud, de Grey, C. The fact that the foreign court had jurisdiction according to its own law is not determinative. A judgment of a foreign court purporting to apply English law would be treated the same as any other foreign judgment. Foreign judgment or decree to be conclusive A foreign judgment or decree should be conclusive as to any matter adjudicated by it.
Therefore, the judgment debtor can raise the claim of res judicata and stay the suit at the preliminary stage. When can such a challenge be made? Foreign Judgments opposed to the principle of Natural Justice It is the essence of a judgment of court that it must be obtained after due observance of the judicial procedure i. Foreign currency conversion rate In a foreign decree the amount awarded is generally in a foreign currency. Under the Indian law there are two ways of getting a foreign judgment enforced. Recognition will be generally denied if the judgment is substantively incompatible with basic legal principles in the recognizing country. Presently, the countries notified as reciprocating territories are the United Kingdom, Aden, Fiji, Singapore, the United Arab Emirates, Malaysia, Trinidad and Tobago, New Zealand, the Cook Islands including Niue and the Trust Territories of Western Samoa, Hong Kong, Papua and New Guinea and Bangladesh. Is there any notable case law in this regard? This is a substantial deviation from the English approach, and one that, in the English context, would bring forth more problems than it would solve.
Enforcing a foreign judgment in India could take years in some instances, depending upon the complexity of the issues involved in the dispute between the parties. There is a general reluctance to enforce foreign judgments which involve multiple or punitive. A foreign Court is defined as a court situate outside India and not established or continued by the authority of the Central Government. A foreign judgment acts conclusive as to any matter it is directly adjudicated upon, excluding the reasons for judgment. The court may extend that period.
On his omission to answer them his defence was struck off and judgment entered for the plaintiff. To solve the problem of , the makes foreign judgments unenforceable in U. The basic principle which is followed while enforcing a foreign judgment or decree in India is to ensure that the judgment or decree is a conclusive one, passed on the merits of the case and by a superior court having competent jurisdiction. As noted above, the U. Notably, the judicial discretion allowed under this test is vast, and, as a result, the public policy requirement often serves as the U.
This usually requires some sort of an abbreviated application on notice, or docketing. Regarding maintenance obligations, the in force between Albania, Bosnia and Herzegovina and Norway , provides for recognition of all kinds of maintenance related judgements including child support. Distinction from Res Judicata Conclusiveness rule of foreign judgment is slightly different in its operation from the rule of res judicata. I would, therefore, conclude that the petitions for amendment of the plaint and also the memorandum of appeal are liable to be rejected, which I hereby do. Therefore, execution of a judgment from a reciprocating territory is comparatively more efficient. The clear implication of the distinction is that an action to set aside a judgment cannot be brought on the ground that it has been decided wrongly, namely that on the merits, the decision was one which should not have been rendered but that it can be set aside if the Court was imposed upon or tricked into giving the judgment. These challenges can be made by the defendant in the proceedings issued for the recognition or enforcement of the judgment.