The Legality of Foreign Judgements

Paper Summary:

The paper studies the binding nature of the foreign judgments i.e. judgments given by the courts in foreign countries and the scope and object of section 13 of the Indian Civil Procedure Code. It also describes project describes the conditions under which the judgments given by any foreign court creates the rule of estoppel or res judicata.

Outline
Nature and Scope of Sec. 13, C.P.C.
Jurisdiction to Foreign Courts
Binding Nature of Foreign Judgments: Principles
Foreign Judgment Not By a Competent Court
Foreign Judgment Not on Merits
Foreign Judgment Against International or Indian Law
Foreign Judgments Opposed to Natural Justice
Foreign Judgment Obtained By Fraud
Foreign Judgment Founded on Breach of Indian Law
Presumption as to Foreign Judgments: Section 14
Submission to Jurisdiction of Foreign Court
Conclusiveness of Foreign Judgment
Enforcement of Foreign Judgments
Foreign Awards
Conclusion

From the Paper:

"Explaining the nature of fraud, de Grey, C.J. stated that though a judgment would be res judicata and not impeachable from within, it might be impeachable from without. In other words, though it is not permissible to show that the court was "mistaken", it might be shown that it was "misled". There is an essential distinction between mistake and trickery. The clear implication of the distinction is that an action to set aside a judgment cannot be brought on the ground that it has been wrongly decided, namely, that on the merits, the decision was one which should not have been rendered, but it can be set aside if the court was imposed upon or tricked into giving the judgment."

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