Execution of Foreign Decree in Indian Civil Courts – Procedures
What are a foreign judgment and a foreign decree?
A foreign judgment is a judgment of a court outside India. Such a judgment can be enforced in India, provided it is registered here. A decree is a formal order of a court, passed after hearing both parties to a suit and after trial. A Execution foreign decree is a decree of a court outside India. A decree may, therefore, be enforced in India by registration. Section 13 of the Code of Civil Procedure lays down the procedure for the enforcement of foreign judgments in India.
Filing an execution petition in India under the civil procedure code seeks to enforce a judgment or decree legally. A foreign judgement is a court decision from outside India, while a foreign decree is a government edict. If a court outside India rules in your favour against a judgement debtor, don’t worry. You can file an execution petition in Indian under the civil procedure code to have it enforced here. To make the process easier, be prepared with the appropriate documents and paperwork. With the correct resources, you can handle the matter quickly.
1. Execution of foreign decree of a reciprocating territory in India
When it comes to the enforcement of judgments and decrees from foreign countries, India follows a similar judicial procedure as that which is followed in its own courts. This includes the use of legal procedures such as service of process. In fact, this can be used to enforce any rights or obligations under Indian law. It should be noted that foreign judgments are not automatically recognized by the Indian court system. Rather, they must first be registered with the registrar general before being accepted for execution or implementation in India. Once registered, an order for their execution can then be issued by a court of competent jurisdiction within India subject to satisfying certain conditions such as locus standi (the suit’s proper Party).
2. Execution in case of decrees from non-reciprocating territories
When a decree from a non-reciprocating territory is issued, it can be enforced through various methods. This includes the attachment of assets or properties, seizure of assets, and so on. In India, decrees from foreign countries are generally enforceable if they pertain to matters such as child custody and family law rights. However, there are certain grounds upon which an order cannot be enforced – for example, if it would cause material hardship to the party against whom the decree is directed.
Supreme Court’s verdict on courts having jurisdiction to execute foreign decrees
The Supreme Court of India has ruled that Indian Courts have the jurisdiction to enforce foreign judgments and decrees, as long as certain conditions are met. This verdict is a major relief for businesses that have been suffering due to the non-enforcement of these court rulings in India. Now, Indian courts will be able to take action against companies who fail to comply with these orders, ensuring that victims receive their rightful compensation. Furthermore, this ruling reaffirms the supremacy of Indian law over foreign laws – a principle that is critical for maintaining justice and security in the country.
Supreme Court’s verdict on courts having jurisdiction to execute foreign decrees
The Supreme Court of India has clarified that courts in the country have jurisdiction to execute foreign decrees, as per the requirements of Indian law. This was a much-awaited verdict, as it will make life easier for businesses operating internationally. Previously, business owners had to go through a rigorous process of obtaining an export license from the government first – something that could often be time-consuming and cumbersome. With this newfound clarity, businesses will now be able to execute orders and decrees from other countries without any such obstacles in their way. It is hoped that this verdict will lead to more trade between nations and further strengthen ties between India and various international jurisdictions.
Foreign judgment or decree needs to be conclusive
Judgments and decrees issued by foreign courts are usually considered conclusive in India. This means that the court will appoint an ad-hoc judge to review the case and make a determination on whether or not the judgment should be executed. If it is found that the judgment should be executed, then steps will need to be taken to do so, such as filing a copy with relevant authorities abroad and seeking their assistance in enforcing it. This article provides a detailed explanation of the procedure for filing an execution petition in Indian under the civil procedure code, with the aim of empowering citizens to protect their rights and assets.
Mode of enforcement of a foreign judgment or decree
Having a judgment or decree from a foreign court can be a tough pill to swallow. But don’t worry, there is a way to get it enforced in India. The enforcement process can be started by filing an execution petition with the appropriate court. Once the court has been made aware of the judgment or decree, it will begin proceedings to enforce it. Keep in mind that the civil procedure code may be used to enforce a foreign judgment or decree, depending on the circumstances. So, if you’re looking to get that foreign judgment or decree enforced in India, don’t hesitate to get in touch with our team of legal experts.
You can contact our execution petition lawyers in Chennai to assist you with the entire process from the filing of the execution petition to the execution of a decree in Indian Courts Contact us today to get started.
Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.
