Recognition and Enforcement of Foreign

Judgments
Key Points we will Discuss in this Content:
➢ Introduction

➢ Different Theories on Recognition of Foreign Judgments

➢ Bases of Recognition and Enforcement/ Execution of Foreign Judgments

under Indian Law

➢ Bases of Recognition and Enforcement/ Execution of Foreign Judgments

under English Law
 ➢ Introduction
• Meaning of Foreign Courts

• Meaning of Foreign Judgments, Section 2(5 &6) of CPC,1908

• When foreign judgment is recognized and executed in

countries? ( Indian Law, English Law and in continental Countries)

• Is Recognition of Foreign Judgments Res judicata?

 Contd.
• Section 13 & 14 of Civil Procedure Code ( Indian Law)

• Judgment Extension Act, 1868 (English Law)

• Administration of Justice Act, 1920 (English Law)

• Foreign Judgment (Reciprocal Enforcement) Act, 1933 (English Law)

• Recognition and Divorce and Legal Separation Act,1971 (English Law)

• Maintenance Order(Reciprocal Enforcement) Act,1972(English Law)

• Civil Jurisdiction and Judgment Act, 1982 (English Law)

➢ Theories on Recognition and Execution/ Enforcement of
Foreign Judgments
• Theory of Comity ( Morguard vs/ De Savoye, (1991, SC of Canada)

• Theory of Obligation / Doctrine of Obligation

• The Theory of Judicial Reasons or ideas of social Value

• The Theory of harmony between judgment and Law

• The Theory of harmony between Judgments and Conflict of Laws

• Doctrine of Acquired Rights

 ➢ Bases of Recognition of Foreign Judgments under Indian Law

• Section 13 of CPC, 1908 provides;

“A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon
between the same parties or between parties under whom they or any of them claim
litigating under the same title except-

(a) where it has not been pronounced by a Court of competent jurisdiction

Gurdayal Singh v. Rajah of Faridkot

(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 1[India] in cases in which such law is

applicable;
 Contd.
(d) where the proceedings in which the judgment was obtained are opposed to
natural justice;

Veenakalia v. Dr. Jatindernath Kalia

(e) where it has been obtained by fraud;

Satya v. Teja Singh

Narsimha Rao v. Venkata Kakshmi

(f) where it sustains a claim founded on a breach of any law in force in India.’’
 Contd.
• Presumption as to foreign judgment: Section 14 of CPC,1908

provides;

“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 of competent jurisdiction, unless

the contrary appears on the record; but such presumption may be

displaced by proving want of jurisdiction.”

 Contd.
• Submission to foreign jurisdiction of foreign court

• Conclusive of foreign judgments

➢ Enforcement/Execution of Foreign Judgments under

Indian Law (Section 44 & 44 A of CPC, 1908)

• Certified copy of Superior Court of any Reciprocating territory

Kevin George Viz v. Cotton Textiles Export Promotion Council (2006) Bom. CR 555
 Contd.
➢ Bases of Recognition and Enforcement/ Execution of Foreign
Judgments under English Law

• The Judgment must have been given by a court of competent jurisdiction

a) Actions in personam (Copin v. Adamson, 1874)

i) Presence
ii) Nationality
iii) Voluntary submission to the foreign jurisdiction
b) Action in rem
• Final and conclusive judgment
• Judgment Impeachable on Merit
• Regard of English ideas of Natural Justice (Crawley v. Isaacs, 1867)
 Contd.
Defences:

If Judgment obtained by fraud

If Disregard of English public policy

➢ Enforcement/Execution of Foreign Judgments under English law

• Judgment Extension Act, 1868 (English Law)

• Administration of Justice Act, 1920 (English Law)

• Foreign Judgment (Reciprocal Enforcement) Act, 1933 (English Law)

 Contd.
• Recognition and Divorce and Legal Separation Act,1971

(English Law)

• Maintenance Order(Reciprocal Enforcement)

Act,1972(English Law)

• Civil Jurisdiction and Judgment Act, 1982 (English Law)

 Contd.

Conclusion

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