Binding of Foreign Judgment in Indian Courts !!
Vikram Chandra
(Querist) 11 August 2009
This query is : Resolved
Dear Sir/s,
Can anyone help me out with the latest apex court judgments which says that 'Foreign Court Judgments' are not binding on Indian Courts. Kindly Update the Judgment, I will be obliged. regards, vikram.
charudureja
(Expert) 11 August 2009
well I cant tell u the judgement but the thing is foreign judgements are not binding on the indian courts section 13,1 4 of cpc.
PALNITKAR V.V.
(Expert) 12 August 2009
kindly clarify which foreign court has given the judgment. This is the question governed by the international laws.
R.R. KRISHNAA
(Expert) 12 August 2009
"A foreign judgment is conclusive as to any matter thereby adjudicated upon and can not be impeached for any error either
(1) Of fact; or
(2) Of law"
In the following six cases, a foreign judgment shall not be conclusive:
(3) Foreign not by a competent court;
(4) Foreign judgment not on merits;
(5) Foreign judgment against international or Indian law;
(6) Foreign judgment opposed to natural justice;
(7) Foreign judgment obtained by fraud;
(8) Foreign judgment founded on a breach of Indian law.
Hence except for the above exceptions any foreign judgment is perfectly binding in indian courts.
Manish Singh
(Expert) 12 August 2009
a foreign judgment is binding in the indian courts but it must be decreed by indian court for execution.
it has a proper provision under the CPC. and as Mr. Krishna rightly stated, that is what the provision u/CPC states, in those circumstances a foreign judgment shall not be enforced in India.
also As mr. Palnitkar opined, the same also, to some extent, depends upon international treaties
Y V Vishweshwar Rao
(Expert) 12 August 2009
Pl See in the LCI SC/Judgment .
foreing Judgment -
Y. NARASIMHA RAO AND ORS. - Vs.-Y. VENKATA LAKSHMI dt 09/07/1991-
Supreme Court of India;- Citation;- 1991 SCR (2) 821 1991 SCC (3) 451 JT 1991 (3) 33 1991 SCALE (2)1
Under Hindu Marriage Act - Dissolution of Marriage/Decree !
Vikram Chandra
(Querist) 14 August 2009
Dear Sir/s,
I thank one and all for your valuable suggestions. I got the judgment of Y.Narasimha Rao & Others as referred by my friend Visweshwar Rao but I heard recently there is another judgment of SC on comprehensive lines as far as family laws are concerned. So, I was asking about the same as I'm unable to recollect the news paper wherein it was discussed. So, kindly if any one comes across then cite the same.
regards.
vikram.
