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Foreign Courts & Foreign Judgements under Civil Procedure Code in India.

The document outlines the provisions of the Civil Procedure Code 1908 related to foreign courts and judgments, defining key terms and conditions under which foreign judgments are recognized or not conclusive in India. It details sections regarding the presumption of foreign judgments and the execution of decrees from revenue courts and reciprocating territories. Additionally, the document serves as a general guide and emphasizes the importance of seeking professional advice rather than relying solely on its content.

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FOREIGN COURTS & JUDGEMENTS Civil Procedure Code 1908 law at a glance
PROVISIONS UNDER CPC ON FOREIGN COURTS & FOREIGN JUDGMENTS 1. Section 2(5) – Definition of Foreign Courts 2. Section 2(6) – Definition of Foreign Judgements 3. Section 13 – When foreign judgment not conclusive 4. Section 14 – Presumption as to foreign judgments 5. Section 44 – 6. Section 44A – INDIA JURIS International Law Firm Execution of foreign judgements
Section 2(5),CPC “Foreign Court” means a Court situate outside India and not established or continued by the authority of the Central Government; Section 2(6),CPC “Foreign Judgment” means the judgment of a foreign Court; INDIA JURIS International Law Firm
Section 13,CPC When foreign judgment not conclusive: a) where it has not been pronounced by a 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 proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; INDIA JURIS International Law Firm
Section 13,CPC When foreign judgment not conclusive:...................…… continued d) where the proceedings in which the judgment was obtained are opposed to natural justice; e) where it has been obtained by fraud; f) where it sustains a claim founded on a breach of any law in force in India. INDIA JURIS International Law Firm
Section 14,CPC Presumption as to 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 was pronounced by a Court to competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction. INDIA JURIS International Law Firm
Section 44,CPC Execution of decrees passed by Revenue Courts in places to which this Code does not extend: The State Government may, by notification in the Official Gazette, declare that the decrees of any Revenue Court in any part of India of which the provisions of this Code do not extend, or any class of such decrees, may be executed in the State as if they had been passed by courts in that State INDIA JURIS International Law Firm
Section 44A,CPC Execution of decrees passed by Courts in reciprocating territory. 1. Where a certified copy of a decree of any of the superior courts of any reciprocating territory has been filed in a District Court, the decree may be executed in India as if it had been passed by the District Court. 2. Together with the certified copy of the decree shall be filed a certificate from such superior court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment. INDIA JURIS International Law Firm
Section 44A,CPC …………………………….Continued Explanation I: “Reciprocating territory” means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section, and “Superior Courts”, with reference to any such territory, means such courts as may be specified in the said notification. Explanation II: “Decree” with reference to a superior Court means any decree or judgment of such court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitration award, even if such an award is enforceable as a decree or judgment INDIA JURIS International Law Firm
THANK YOU Disclaimer This document is intended for general guidance only. It is not expected to be a substitute for detailed research or the exercise of professional judgment. Accordingly, this presentation should neither be regarded as comprehensive nor sufficient for the purposes of decision-making. Neither India Juris nor any of its professional can accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any material in this presentation. The information provided is not, nor is it intended to be an advice on any matter and should not be relied on as such. Professional advice should be sought before taking action on any of the information contained in it. Without prior permission of India Juris, this document may not be quoted in whole or in part or otherwise referred to in any documents. LITIGATION TEAM E: newdelhi@indiajuris.com INDIA JURIS International Law Firm New Delhi www.indiajuris.com For any information / clarification on the subject, please contact