What is foreign Judgement in interpretation of statutes?

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.

How are foreign judgments enforced in India?

A recognised foreign judgment can be enforced in India in two ways:

  1. enforcement of a judgment from a superior court of a reciprocating territory in the same manner as a decree passed by a domestic district court. …
  2. delivery of property specifically decreed, and in some cases arrest (if needed) in enforcement of a decree.

How do I prove a foreign Judgement?

Proof of the foreign judgment must be documented. (3) there was no collusion, fraud, or clear mistake of law or fact. The foreign judgment itself must first be proven. Its existence and authenticity must be proven as facts under Philippine rules on evidence.

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Can a foreign judgment be accepted and enforced in India?

The term foreign judgments defined under Section 2 (6) of the code of civil procedure means the judgment of a foreign court, and Section-13 of the code provides the criteria with the code for recognition of a foreign judgment and is a pre-condition to any enforcement proceedings unless a foreign judgment passes the …

What is a foreign judgment when does a foreign judgment becomes conclusive in nature Discuss with reference to decided case laws?

A foreign judgment is conclusive for any matter adjudicated between the parties. Such judgment is conclusive and would create Res judicata between the same parties or between parties under whom they or any of the claims.

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 …

What do you understand by foreign judgement What is the procedure to execute a foreign judgment in India?

As per Civil Procedure Code, there are two ways of getting a foreign judgement enforced: Firstly, by filing an Execution Petition under Section 44A of the CPC (in case the conditions specified under sec 13 of CPC are fulfilled). Secondly by filing a suit upon the foreign judgement/decree.

How should a foreign judgment be enforced?

Enforcement of foreign judgments in the United States. If the time to appeal in the court of origin has lapsed, and the judgment has become final, the holder of a foreign judgment, decree or order may file suit before a competent court in the U.S. which will determine whether to give effect to the foreign judgment.

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What do you understand by a foreign judgment in what manner may decree of a foreign court be executed in India?

Summary: Under the Indian laws, there are two ways of getting a foreign judgement or decree enforced in India either by filing an Execution Petition u/s 44A of the CPC subject to conditions given u/s 13 or by filing a suit upon the foreign judgement/decree.

What are the grounds to repel or impeach the foreign judgment?

In either case, the foreign judgment ‘may be repelled by evidence of want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact’ (last paragraph, section 48, Rule 39 of the Rules of Court).

What is foreign jurisdiction?

foreign jurisdiction means any jurisdiction outside of the United States including, without limitation, countries, states, provinces and localities.

Is the law of Philippines applicable to foreign countries?

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

When a foreign judgments doesn’t become conclusive?

“When a foreign judgment is founded on a jurisdiction or on a ground not recognized by Indian law or International Law, it is a judgment which is in defiance pf the law. Hence, it is not conclusive of the matter adjudicated therein and, therefore, unenforceable in this country.”