distinction sought to be made between decrees of divorce and decrees for maintenance and custody passed by foreign courts, has to be seen ... execution proceedings or out of suits, filed by persons who secured foreign decrees, for their enforcement in India, the case on hand
negative.
Re: Question No.2
Recognition of decrees and orders passed by foreign
courts remains an eternal dilemma in as much as whenever
called upon ... found a solution to the
vexed questions of recognition of decrees granted by foreign
courts by enacting "The recognition of Divorces and Legal
Separations
that purpose. In so far as foreign awards are concerned, they are also equated to the decrees of Courts under Section
Ultimately the trial Court dismissed the suit as against D1, but decreed the suit as against D2 who remained ex parte, as against which appeal ... judgment and decree passed by the first appellate Court in decreeing the original suit after reversing the judgment and decree of dismissal, passed by the trial
filed an execution petition no.
38/1998 seeking execution of a foreign decree. Unfortunately,
execution petition was dismissed in default on 31st March ... conversant of the fact that execution of the foreign decree was
sought. It was observed that decrees are executed by following the
procedure laid down
course of their voyage and they subject themselves to the jurisdiction of foreign States when they enter the waters of those States. They are liable ... judgment if the amount decreed exceeds the amount of the bail. The arrest of the foreign ship by means of an action
claimed to be due under a decree dated 12.4.2001
passed by a foreign court i.e. the District Court for the Middle District of North ... foreign decree is also challenged on the
ground that the same has not been given on the merit of the case since the
decreed amount
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
Agriculture
Department by treating the said service as foreign service. His suit was
decreed by both the Courts by observing that rendering of service ... different departments of the same Government cannot be said to be a
foreign service and rather respondent-plaintiff was also given pro forma
promotions
foreign
proceedings that the defendant herein was a guarantor in the relevant
transaction. The plaintiff claims that the foreign suit has been decreed