legal distinction between domestic and foreign decrees.
Section 44A of the CPC governs only decrees passed by foreign Courts
of reciprocating territories and does ... India v.
Vedanta Ltd.2 , affirms the strict conditions under which foreign decrees
may be enforced under Indian law.
vii. The judgments relied upon
execution, as applicable to domestic decrees, would
also indiscriminately extend to foreign decrees, especially in light
of the conspicuous absence ... decrees, the legislature ought
to have expressly prohibited the same for foreign decrees if such
was the intent, especially when it created the legal fiction
exhibiting of the film outside India is concerned as foreign decrees until and unless they are actionable in the country where injunction sought
Code of Civil Procedure, 1908 which
deals with execution of foreign decrees and not trial of suits, to which the
mandate of Section ... suits and not any other
proceedings such as execution of foreign decrees in terms of Section 44A
of the Code of Civil Procedure
governing
execution of domestic decrees and that governing the execution of foreign
decrees. Reference is made to the judgment of the Supreme Court ... foreign judgments.--The Court shall presume,
upon the production of any document purporting to be a certified copy
of a foreign judgment, that such judgment
interim orders passed by a foreign tribunal.
The Act only contemplates enforcement of foreign awards (and not foreign
interim orders).
18. SEGCL can also ... order passed by a foreign
court under the Code of Civil Procedure , 1908 - which only contemplates
execution of foreign decrees under Section 13 read with
This Treaty shall not apply to interim or provisional measures,
or decrees passed in cases, in creditors' claims related to
CS(COMM) 592/2022 ... interim order passed by a
foreign court under the Code of Civil Procedure (which
contemplates for execution of foreign decrees under Section 13
read with
which have been framed by the
respondents dealing with registration of foreign decrees on a Medical
Register, namely, "the Screening Test Regulations ... Eligibility Requirement for Taking Admission in an Undergraduate
Medical Course in a Foreign Medical Institution Regulations, 2002" also
deal only with Indian citizens
Supreme
Court was whether equitable consideration should be applied while
executing foreign decrees. The argument of the respondent was that in
India undefined rules
Honasa Consumer Limited vs Rsm General Trading Llc on 20 August, 2024
Author: C. Hari
