same criteria as the American Courts
for denying validity to foreign decrees of divorce. (206p;
207 A-B]
(2) The Judgment of the Nevada Court ... serve a
two-fold purpose: a perception of principles on which
foreign decrees of divorce are accorded recognition in
America and a brief acquaintance with
foreign judgments in
personal and family matters, and particularly in matrimonial
disputes has surged to the surface. A large number of
foreign decrees in matrimonial ... 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
admittedly, therefore, competent Courts, Such
decrees passed by competent Courts in India can also be executed
by getting the decrees transferred to other competent Courts ... execution petitions are entertained under Section 44-A for execution
of foreign decrees passed between two absolute foreigners who have
neither any immovable property
money in Indian rupees,
which will be equivalent to the sum decreed in foreign
currency. It is but just that ... 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
component of the branch of jurisprudence bearing on execution of foreign decrees.
19. We proceed to examine the soundness of these three contentions ... case on equitable considerations which must be applied while executing foreign decrees, Shri Ashok Sen wondered what legal principle could sanction such inroad into sums
Court of Hyderabad which passed
the decrees was not competent to try the suits and so the
decrees cannot be enforced by a suit under ... Travers v.
Holley (1) as to recognition in certain circumstances of
foreign decrees founded upon a jurisdiction similar to hours
were directed to a case
component
of the branch of jurisprudance bearing on execution of
foreign decrees.
We proceed to examine the soundness of these three
contentions in the order ... case on equitable considerations which must be
applied while executing foreign decrees, Shri Ashok Sen
wondered what legal principle could sanction such inroad
into sums
Government Of India vs Vedanta Limited (Formerly Cairn India ... on 16 September, 2020
Equivalent citations
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
till April 1, 1951, by the Act 2 of 1951. The
decrees of foreign courts were under the Gwalior Court of
which Morena ... which required a suit to be
brought on the basis of foreign decrees nor under the Madhya
624
Bharat Code of Civil Procedure . The decree
