view we have taken. In our opinion, for enforcement of foreign award there is no need to take separate proceedings, one for deciding the enforceability ... Awards as may be applicable. It may be noted that when foreign decrees are put in execution under Section 44A of the Code of Civil
foreign
currency and the Delhi High Court passed a decree in terms of the award
simpliciter, without fixing a date for conversion of the foreign ... money
expressed in a foreign currency can legitimately be claimed by the plaintiff
and decreed by the court. That is the law as has been
Even if only a part of the Foreign Award is being enforced, he
contended that only one court is entitled to undertake such exercise ... civil appellate jurisdiction over decrees of courts subordinate to it as
regards questions forming the subject matter of the Foreign Award. It should
be noticed
filed by respondent no.1 was decreed.
Consequently the objections raised by the partnership firm to the
foreign award were rejected. The petitioner herein ... consequence of the Court decreeing the
suit filed by respondent no.1 and holding the foreign awards to be
enforceable. The foreign awards upheld
found is that while under the Foreign
Awards Act a decree follows, under the new Act the foreign award
is already stamped as the decree ... disposed of, the
foreign award does not become enforceable as such. He reiterates, under
section 47 foreign awards are stamped decrees, as declared by Supreme
Ganesh that a
foreign award required registration from another angle. He
said that the foreign award has already merged in the foreign
judgment ... Bombay High Court. A foreign judgment does not
require registration as the process of suit having been
decreed on that basis will have
Evidence.--
(1) The party applying for the enforcement of a
foreign award shall, at the time of the application,
produce before the court ... award is a foreign award.
(2) If the award or agreement to be produced under
sub-section (1) is in a foreign language, the party
foreign to its
jurisdiction or that the defendant was dead at the time of institution of the
suit or when the suit was decreed. Inherent ... court. A court
lacks inherent jurisdiction when the subject matter is wholly foreign to its
ambit and is totally unconnected with its recognized jurisdiction
foreign to its
jurisdiction or that the defendant was dead at the time of institution of the
suit or when the suit was decreed. Inherent ... court. A court
lacks inherent jurisdiction when the subject matter is wholly foreign to its
ambit and is totally unconnected with its recognized jurisdiction
foreign to its
jurisdiction or that the defendant was dead at the time of institution of the
suit or when the suit was decreed. Inherent ... court. A court
lacks inherent jurisdiction when the subject matter is wholly foreign to its
ambit and is totally unconnected with its recognized jurisdiction
