controversy is that the defect of non-executability of the
foreign decrees by virtue of the Governor-General's
Order does not savour ... execution side was
without jurisdiction. Normally, a money claim due under
a foreign decree can be enforced on the original side by
a suit under
matter of obligation, but out of
deference and where foreign decrees would get preference
while deciding the case. The principle of Comity is an
important ... laid down
by English Court that, though the decrees of penal
laws of foreign country cannot be enforced in
United Kingdom, the laws of foreign
claim qua the expenses of
child. The proceedings in the Foreign jurisdiction were exparte. She
has not submitted to the jurisdiction of the Courts ... settled law that such Foreign decrees are not recognizable in India.
The appellant has abandoned her and minor child. The appellant has
filed deficient documents
even notice or take into consideration at all
the penal decrees of a foreign Court for the offence committed in that
country, even if they ... laid down by English Court that, though the decrees of
penal laws of foreign country cannot be enforced in United Kingdom,
the laws of foreign
money
expressed in a foreign currency can legitimately
be claimed by the plaintiff and decreed by the
court. It is unnecessary for us to categorize ... 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
other cases, a High
Court having jurisdiction to hear appeals from
decrees of Courts subordinate to that High
Court."
Chapter-VIII of Part ... Part-II
of the Act of 1996 deals with enforcement of certain foreign awards.
The conditions for enforcement of foreign awards are laid down
other cases, a High
Court having jurisdiction to hear appeals from
decrees of Courts subordinate to that High
Court."
Chapter-VIII of Part ... Part-II
of the Act of 1996 deals with enforcement of certain foreign awards.
The conditions for enforcement of foreign awards are laid down
which the objections to the enforcement of the foreign Award
are finally rejected and the foreign Award becomes enforceable as
such. That is when ... that both the foreign Awards became enforceable and were deemed to
be decrees."
34. In Progetto Grano S.P.A. vs Shri Lal Mahal
issues as to the executability of the
order/decree passed by a foreign court in a
reciprocating territory as understood ... which on one part
decrees of Indian Courts are made executable in
United Kingdom and on the other part, decrees of
Courts in the United
transaction which
provides for the conversion of Indian currency into
foreign currency or foreign currency into Indian
currency at rates of exchange other than ... rate of exchange then prevailing,
the rupee equivalent of the foreign currency sum
decreed is higher than that mentioned in the plaint
