that if the foreign 'contract gets extinguished' under the
foreign law, and all parties are domiciled in the foreign country during the
relevant ... State of Jammu & Kashmir or in any foreign country.
So far as execution of foreign decrees is concerned, in India, the
principle underlying
Procedure as far as British decrees are concerned. With regard to foreign decrees the position is different, because Section ... permits the execution of foreign decrees in British Courts as if they were British decrees. When a foreign decree is so recognised
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
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
that the Court which passed Judgment in that case was a 'foreign court' according to the definition of that expression as it stood ... foreigner. It was further held that the accession of Mysore to the Indian Union could not have the effect of converting such 'foreign decrees
purposes of execution, our Courts accept and execute the decrees of the foreign Courts, at their very doors, and they in turn accept and execute ... have questioned the propriety of our Courts sending their decrees, under such agreements, to Foreign Courts. They split however upon a verbal hair. Doing
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
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
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
