Does Section 44A merely provide for manner of
execution of foreign decrees or does it also indicate the
period of limitation for filing execution proceedings ... execution of decrees
the law makers could have easily said ‘including foreign decrees’.
This having not been said, it appears that the intention
governing
execution of domestic decrees and that governing the execution of foreign
decrees. Reference is made to the judgment of the Supreme Court ... foreign judgments.--The Court shall presume,
upon the production of any document purporting to be a certified copy
of a foreign judgment, that such judgment
which that case belonged been given jurisdiction to pass decrees even against non-resident foreigners. In Atham Sahib v. Daoud Sahib ... make the courts of that territory competent to pass the decrees against nonresident foreigners who do not in any way submit to the jurisdiction
read, the expression "District Court" for execution of foreign decrees, will be this Court in so far as its pecuniary jurisdiction is concerned ... England, if that law be involved. From the conclusiveness of foreign decrees, it may be said here that the penal laws of another country
Procedure, which deals with the
Presumption as to foreign judgments, reads thus:
14. Presumption as to Foreign Judgment.-The Court
shall presume, upon the production ... recognition of foreign judgment in personal and
family matters and particularly in matrimonial dispute, when a large
number of foreign decrees in foreign matters
provided under that section is merely an alternative procedure for enforcing foreign decrees which could otherwise be enforced only by bringing a separate suit founded ... basis of the foreign judgment, and further that it is open to the judgment-debtors when such decrees are transferred for execution to the other
Central Government. Foreign judgment means the judgment of a foreign Court. For the purposes of the Constitution, Article 367(3) defines "Foreign State ... that Indian decrees after separation of Burma should be considered as foreign decrees. No distinction can be made in the case of pending execution applications
does not provide any special period of limitation for execution of decrees of foreign Courts, that the period of limitation applicable to such cases would ... whole scheme of Order 21 applicable in respect of execution of decrees of foreign Courts and that the words had no wider meaning. This precisely
same
criteria as the American Courts for denying validity to foreign
decrees of divorce, though recent legislative changes have
weakened the authority of archaic rules ... many such cases, the courts in India could recognize the
foreign divorce decrees, prompted the court to discuss the legal
52
principles further
interim orders passed by a foreign tribunal.
The Act only contemplates enforcement of foreign awards (and not foreign
interim orders).
18. SEGCL can also ... order passed by a foreign
court under the Code of Civil Procedure , 1908 - which only contemplates
execution of foreign decrees under Section 13 read with
