Foreign Judgement by Raghvendra Singh Raghuvanshi and Nidhi Vaidya

Topics: Law, Common law, Court Pages: 10 (3704 words) Published: December 15, 2012
A foreign Court is defined as a court situate outside India and not established or continued by the authority of the Central Government. And a Foreign Judgment means a judgment of a foreign court. . In other words, a foreign judgment means adjudication by a foreign court upon a matter before it. Thus judgments delivered by courts in England, France, Germany, USA, etc. are foreign judgments. Sections 13 and 14 enact a rule of res judicata in case of foreign judgments. These provisions embody the principle of private international law that a judgment delivered by a foreign court of competent jurisdiction can be enforced by an Indian court and will operate as res judicata between the parties thereto except in the cases mentioned in Section 13. Nature And Scope Of Sec. 13, C.P.C.

A foreign judgment may operate as res judicata except in the six cases specified in the section 13 and subject to the other conditions mentioned in Sec. 11 of C.P.C. The rules laid down in this section are rules of substantive law and not merely of procedure. The fact that the foreign judgment may fail to show that every separate issue, such as, the status of the contracting parties, or the measure of damages, was separately framed and decided, is irrelevant unless it can be shown that failure brings the case within the purview of one of the exceptions to Section 13. Object Of Section.13 And 14

The judgment of a foreign court is enforced on the principle that where a court of competent jurisdiction has adjudicated upon a claim, a legal obligation arises to satisfy that claim. The rules of private international law of each State must in the very nature of things differ, but by the comity of nations certain rules are recognized as common to civilized jurisdictions. Through part of the judicial system of each State these common rules have been adopted to adjudicate upon disputes involving a foreign element and to effectuate judgments of foreign courts in certain matters, or as a result of international conventions. Such recognition is accorded not as an act of courtesy but on considerations of justice, equity and good conscience. An awareness of foreign law in a parallel jurisdiction would be a useful guideline in determining our notions of justice and public policy. We are sovereign within our territory but "it is no derogation of sovereignty to take account of foreign law." As has been rightly observed by a great jurist: "We are not so provincial as to say that every solution of a problem is wrong because we deal with it otherwise at home"; and we shall not brush aside foreign judicial process unless doing so "would violate some fundamental principle of justice, some prevalent conception of good morals, some deep-rooted tradition of the common weal." Jurisdiction To Foreign Courts

The following circumstances would give jurisdiction to foreign courts: 1. Where the person is a subject of the foreign country in which the judgment has been obtained; 2. Where he was a resident in the foreign country when the action was commenced and the summons was served on him; 3. Where the person in the character of plaintiff selects the foreign court as the forum for taking action in which forum he issued later; 4. Where the party on summons voluntarily appeared; and

5. Where by an agreement, a person has contracted to submit himself to the forum in which the judgment is obtained. Binding Nature Of Foreign Judgments: Principles
The Code of Civil Procedure provides that a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties pr between parties under whom they or any of them claim litigating under the same title except - a) Where it has not been pronounced by court of competent jurisdiction; b) Where it has not been given on the merits of the case;

c) Where it appears on the face of the proceeding to be founded on an incorrect view of international law or a refusal to recognize the law of...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Enforcement of Foreign Judgements Essay
  • Essay on Nidhi
  • Judgement Essay
  • Enforcement of Foreign Judgments in India Essay
  • Essay on Singh
  • Judgement Essay
  • Essay on Singh
  • Singh Research Paper

Become a StudyMode Member

Sign Up - It's Free