Procedure, which deals with the
Presumption as to foreign judgments, reads thus:
14. Presumption as to Foreign Judgment.-The Court
shall presume, upon the production ... recognition of foreign judgment in personal and
family matters and particularly in matrimonial dispute, when a large
number of foreign decrees in foreign matters
preliminary)
common question of law concerning the executability of the foreign
decrees in India in terms of Section 44A CPC. The petitioners claim
that there
case on
merits. The Plaintiff's suit is based on a foreign judgment, which is a
judgment rendered on merits and which does ... original claim for
money paid under mistake but the foreign judgment decreeing the dues of
the Defendants owed to the Plaintiff. The applicable Article under
Code of Civil Procedure, 1908
for the enforcement of foreign judgments or decrees, as the case
may be.
9. Be that ... Court for the
enforcement of the AWARD, whether the AWARD is a “foreign
award” as defined under Chapters I or II of Part
Prateek Gupta vs Shilpi Gupta on 6 December, 2017
Equivalent citations: AIR 2018 SC (SUPP
Chandan Mishra vs Union Of India & Ors. on 8 May, 2017
Equivalent citations: AIR
that
purpose. In so far as foreign awards are concerned, they are also
equated to the decrees of Courts under Section
Code of Civil Procedure, 1908 for the enforcement of foreign
judgments or decrees, as the case may be.
9. Be that ... Court for the enforcement
of the AWARD, whether the AWARD is a “foreign award” as defined
under Chapters I or II of Part
Mv Nicolaos A vs Indian Farmers Fertilizers ... on 5 September, 2017
Author: R.M.Chhaya
jurisdiction; or (ii) to obtain
security for satisfaction of the claim when decreed; or......".
In Paragraph 54 "a personal action may be brought ... judgment if the amount decreed
exceeds the amount of the bail. The arrest of the foreign ship by means of an action
