foreign country in passing judgment,
those judgments will not be conclusive. It is, therefore, open to
the party against whom such foreign decrees are sought ... Code, to resist the
execution on the ground that such foreign decrees are not
conclusive as they are not passed on merits
ever in the past, the need for definitive rules for recognition of
foreign judgments in personal and family matters, and
particularly in matrimonial disputes ... turn the family
and its peace. A large number of foreign decrees in
matrimonial matters is becoming the order of the recognition
of the foreign
controversy is that the defect of non-executability of the
foreign decrees by virtue of the Governor-General's
Order does not savour ... execution side was
without jurisdiction. Normally, a money claim due under
a foreign decree can be enforced on the original side by
a suit under
This provision in the CPC , 1908,
provides for Execution of decrees passed by the Courts in
reciprocating territory. It provides that certified copy ... scheme of Order XXI applicable in respect of the
execution of decrees of foreign court mentioned in Sub section
1. In other words
Arvind Mills Ltd., Ahmedabad vs State Of Gujarat And Ors. on 21 July, 1965
Equivalent
enacted to make the decrees of
superior courts of reciprocating territories executable in the
same manner as decrees passed in the Courts in India. However ... required to be made Rule of the Court and such
decrees can always be executed under Section 44A of the CPC. In
support of this contention
maritime claim
against a foreign ship has no effective remedy once it has
sailed away and if the foreign owner has neither property
nor residence ... judgment if the
amount decreed exceeds the amount of the bail. The arrest
of the foreign ship by means of an action
citizen of India; that he was registered as a foreigner on 2-2-1949; that he had not got his domicile in India; that ... registered as a foreigner under the Registration of Foreigner's Act under compulsion. On these findings the learned trial Judge decreed the suit
Code provides that except for six circumstances mentioned therein, a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between ... Indian Courts bound to give recognition to divorce decrees granted by foreign Courts?" Appreciation of facts of that case would be material. Wife
Mv Nicolaos A vs Indian Farmers Fertilizers ... on 5 September, 2017
Author: R.M.Chhaya
