What is foreign Judgement in law?

What is a foreign judgment case?

A foreign judgment is a judgment entered by a court in another state or country. The Uniform Enforcement of Foreign Judgment Act (UEFJA) can be used for registering any type of foreign order.

What do you understand 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.

What is foreign Judgement in interpretation of statutes?

Laws in India

And a Foreign Judgment means a judgment of a foreign court. In other words, a foreign judgment means adjudication by a foreign court upon a matter before it. Thus judgments delivered by courts in England, France, Germany, USA, etc. are foreign judgments.

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. Therefore, the judgment debtor can raise the claim of res judicata and stay the suit at the preliminary stage.

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When foreign Judgement is an enforceable?

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.

Can a US court apply foreign law?

In the case of the United States, domestic and foreign parties may elect to explicitly stipulate to the use of foreign law in U.S. courts. Alternatively, said parties may choose only to apply foreign law without designating an exclusive forum, and essentially end up in a U.S. court having jurisdiction over the parties.

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 …

When foreign judgment is conclusive?

A foreign judgment is recognised if it is conclusive, as provided in Section 13 of the Code of Civil Procedure. In Duggamma v Ganeshayya (AIR 1965 Kant 97), the Karnataka High Court held that the rule on the conclusiveness of a foreign judgment applies only to matters directly adjudicated upon.

How do you domesticate a foreign judgment?

The process requires registering a certified copy of the foreign judgment with the clerk of the court in the jurisdiction where you want to enforce the judgment. You will also need to file an affidavit attesting to certain facts, as specified in the court’s procedural rules.

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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.

What do you mean by foreign Judgement When is a foreign Judgement not conclusive?

When a foreign judgement is not decided on the merits, it cannot be held conclusive.[9] Where a judgement is given on evidence, it is deemed to be a judgement on the merits. However, if no evidence is adduced by the plaintiff and judgement is against the defendant by way of penalty, it will not be conclusive.[10]

Is there any presumption regarding a foreign judgment?

The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment’ that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.