same
criteria as the American Courts for denying validity to foreign
decrees of divorce, though recent legislative changes have
weakened the authority of archaic rules ... many such cases, the courts in India could recognize the
foreign divorce decrees, prompted the court to discuss the legal
52
principles further
courts ensures that foreign judgments and orders are
unconditionally conclusive of the matters in controversy, however
the validity of foreign decrees and orders hinges upon
that under Section 44-A of the CPC the execution of decrees of
foreign Courts would be only allowed if the foreign Courts are declare ... relevant part of Section 44-A runs thus:
44-A. Execution of decrees passed by Courts in reciprocating
territory.- (1) Where a certified copy
that under Section 44-A of the CPC the execution of decrees of
foreign Courts would be only allowed if the foreign Courts are declare ... relevant part of Section 44-A runs thus:
44-A. Execution of decrees passed by Courts in reciprocating
territory.- (1) Where a certified copy
plaintiff, which came to be decreed. The said judgment passed by the 1st Additional Principal Family Court, decreeing the suit, is under challenge in this ... Supreme Court is extracted hereunder:
"Recognition of decrees and orders passed by foreign courts remains an eternal dilemma inasmuch as whenever called upon
observed as follows:-
"29. Recognition of decrees and orders passed by foreign courts remains an eternal dilemma in as much as whenever called upon ... Courts in this country are bound to determine the validity of such decrees and orders keeping in view the provisions of Section
recording that
no one had appeared on behalf of the respondent Company decreed
the suit in terms of the prayer of the petitioner ... Court of
Justice Queen‟s Bench Division under Section 10 of the Foreign
Reciprocal Enforcement Act, 1933. The said certificate was issued
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.
Ex.P. Nos.168 of 1998 and 169 of 1998 Page
employment is governed as per the Foreign Service
Regulations 1951 (Staatsblad Bulletin of Acts, Orders and
Decrees) 74, 1970. The letter of appointment clearly says
foreign to its jurisdiction or that the defendant was dead at the time of institution of the suit or when the suit was decreed. Inherent ... court. A court lacks inherent jurisdiction when the subject matter is wholly foreign to its ambit and is totally unconnected with its recognised jurisdiction