Formal and Documentary Requirements for the Recognition and Enforcement of Foreign Judgments in India
Under Section 44-A of the CPC and verdict of any of the Superior Courts of any informed reciprocating jurisdiction is executable as a verdict passed by the local Court. Both if there should be an occurrence of decrees passed by Courts in non-reciprocating and reciprocating regions, the verdict must pass Section 13 of the CPC test, which refers to certain special cases under which the foreign judgment becomes inconclusive and is for that reason, not enforceable or executable in India.
The exemptions under Section 13 are as per the following:
- The verdict not been granted by a Court of competent jurisdiction
- It shows up on the proceedings to be established on a mistaken perspective on international law or a refusal to recognize the law of India in which cases such law is fitting
- It has been acquired fraudulently
- It has not been granted on the basis of the particular case
- The proceedings wherein the judgment was acquired are against common civil justice
- It continues a case established on a breach of any law in India
More often than not, the competence of the Court is to be chosen with reference to the topic of jurisdiction. In the event that the Court has no jurisdiction, it isn’t viewed as a competent Court to give a verdict. Under Section 14 of the Code, there is an assumption that the foreign Court that passed the decree is a Court of competent jurisdiction, which is a rebuttable assumption.
For that reason, to be decisive, a decree or verdict has probably been looked for subsequent to following the due legal procedure by giving reasonable notice and chance to all the parties to put forth their case.
The documentary and formal prerequisites for the execution of foreign decrees and declarations from reciprocating zones are given in Section 44A of the code:
- The judgment or verdict must be from a predominant court of a reciprocating area.
- The verdict must be filed in the district court or a high court practising common jurisdiction.
- A certified copy of the verdict must be petitioned for execution.
- An approval from the foreign court expressing the degree to which the verdict has just been fulfilled or adjusted (if any fulfilment has been accomplished whatsoever) must be recorded.
- If there should arise an occurrence of a non-reciprocating area, the judgment holder must file a common suit on the foreign judgment or verdict and annex an authorized copy of the judgment or verdict.
Different provisions of CCP, 1908 are applicable to decide questions identifying with acknowledgement and implementation of foreign decrees. A foreign judgment, regardless of whether passed by a Court in a non-reciprocating or reciprocating area, must pass the Section 13 Code test. Indian Courts would not consider a foreign judgment where there is a conflicting judgment given in India for the same parties.