decrees in question are post constitution decrees, i. e., they were obtained after 26-1-1950. Both the decrees are ex parte decrees and were ... contends that the decrees in question must be treated as decrees of foreign Courts qua the Pepsu Courts in which they were sought
says that "foreign judgment" means the judgment of a foreign Court, and Section 2(5), says that a "foreign Court" means ... Indore Court prior to 26-1-1950, were, therefore, foreign decrees and could not be executed in any Court governed by the Code of Civil
para. 20 of the ruling on recognition of
foreign matrimonial decrees sought to be enforced in India and where the
three exceptions for the first ... provisions of HMA and facing
matrimonial divorce proceedings or threatened by foreign court decrees,
Kumar Paritosh
2014.04.09 15:34
I attest to the accuracy
such law shall have to provide for the
non-recognition of foreign decrees procured by fraud
bearing on jurisdictional facts as also
copy
Exhibit P.1 dated 4th November, 1947 being
judgment of a foreign court was not
enforceable and valid in India. They also
pleaded that ... said to be a
judgment by a foreign court or not, and,
secondly, whether the decrees passed by the
courts now in Pakistan
Courts of this country have no power to enforce decrees against Governments of foreign countries.
6. For these reasons, I would uphold the order
para 47)
"47.Recognition of decrees and orders passed by foreign
courts remains an eternal dilemma inasmuch as
whenever called upon ... courts in this country are
bound to determine the validity of such decrees and
orders keeping in view the provisions of Section
regards the Ludhiana property the plaintiff's suit was decreed, and a declaration was given with regard to the agricultural land in that district ... matter of their respective decrees as contemplated in Section 44A , Civil Procedure Code, which contains provision similar to that in Foreign Judgments (Reciprocal Enforcement
transaction which provides for the
conversion of Indian currency into foreign currency or
foreign currency into Indian currency at rates of
4 of 9
::: Downloaded ... rate of exchange then prevailing, the
rupee equivalent of the foreign currency sum decreed is
higher than that mentioned in the plaint for the
purposes
transaction which
provides for the conversion of Indian currency into
foreign currency or foreign currency into Indian
currency at rates of exchange other than ... rate of exchange then prevailing,
the rupee equivalent of the foreign currency sum
decreed is higher than that mentioned in the plaint
