Which courts are deemed competent to deal with cases on foreign judgments recognition and enforcement?
In this new age of globalization, the legal system of India has been regularly appreciated for the significance it provides for the authorization of foreign judgments and decrees. Foreign legal materials are currently easily accessible because of technological and communication advancement that has happened globally. Foreign verdicts might be acknowledged based on multilateral or bilateral conventions or treaties or other International Instruments.
The recognition of a foreign judgment happens when the court of one nation acknowledges a legal choice made by the courts of another foreign nation, and issues a judgment in considerably identical terms without rehearing the case of the first claim. Acknowledgement of judgment will be denied if the judgment is substantively incompatible with fundamental legal ideology in the recognizing nation.
The legal system of India is based on the Common law system. The Constitution of India is inspired by laws and resolution of different nations, a huge number of provisions of the Indian Constitution have been taken from the provisions of different nations. Subsequently, it is vital that the Indian Judiciary supports such foreign verdicts and decrees in India which is in consonance with the fundamental rules and laws in power in India.
The Indian Judiciary has given different rules and judgment which are incredibly inspired by-laws of different nations.
According to Section 44-A of the code, the competent court for authorization of a foreign judgment is the district court with jurisdiction to take on the issue in question or a high court practising regular civil jurisdiction on the topic of the dispute. A court may recognize a foreign judgment if it deems it appropriate.
If there should be an occurrence of a judgment from a non-reciprocating region, a common suit on the foreign judgment must be recorded under the watchful eye of the competent court.
Foreign Judgments Scope in India
Section 13 represents the law of res judicata in foreign judgments. It represents the law of Private International law that a verdict given by a competent foreign court can be executed and enforced in India.
Recognizing Foreign Judgments in India
Section 13 sets out the fundamental rules, which must be followed by any foreign court in giving a judgment or decree. Each foreign judgment or order needs to pass these ‘tests’ set down under Section 13 of the CPC in deciding whether it is final or conclusive. If the court feels it violates the law, then the decree would be considered inconclusive in India. And only the decree passed by competent courts will be considered.
Courts may consider CPC or some other law while checking the process to be followed for Recognition and Enforcement of foreign decree. The premise of the implementation of a foreign judgment is that the judgment forces a responsibility upon the defendant. Foreign decree may be enforced by:
- Proceedings in implementation under Section 44
- By a civil suit upon it in a district court