Are foreign judgments binding in India?
Asked by: Lea Wolf | Last update: January 18, 2026Score: 4.2/5 (12 votes)
The court clarified that a foreign judgment that violates Indian law is not final between the parties involved. "A foreign judgment violative of Indian law is not conclusive between the parties and thus, Indian Courts are not bound to follow it."
Are foreign judgments enforceable in India?
Any foreign judgment that is based on a violation of an Indian law would not be enforced in India. The rules of private international law cannot be adopted mechanically. A court in India is required to decide every matter in accordance with Indian law. In the case of T Sundaram Pillai v Kandaswami Pillai (AIR 1941 Mad.
Can a court in India consider whether conclusions reached in a foreign Judgement are supported by the evidence or are otherwise correct?
In considering whether a judgment of a foreign Court is conclusive, the courts in India will not inquire whether conclusions recorded thereby are supported by the evidence, or are otherwise correct, because the binding character of the judgment may be displaced only by establishing that the case falls within one or ...
Can a foreign decree be executed in India?
In terms of Section 44A of the CPC, a foreign judgment/ decree of any of the superior Courts of any reciprocating territory may be executed in India as if it had been passed by a District Court in India.
Can I sue a foreigner in India?
The Section 86 of the Civil Procedure Code has prescribed exceptions, immunity and conditions to foreign nationals or entities under which they can be sued. The case laws developed over the years shows that the courts have not adopted the same approach of absolute immunity from jurisdiction.
What is the Relevancy of Foreign Judgements in India Courts? | LawWiser
Can a foreigner be prosecuted in India?
1(3) of Bharatiya Nyaya Sanhita or “BNS”) extends its applicability to “every person” within India for any act or omission contrary to the Code. The Code seeks to prosecute a foreign national in the same manner as a person residing in India; however, the provisions do not seem to be in alignment with the aim.
Can a foreign entity file a suit in India?
Under Section 83 of Code of Civil Procedure, 1809, an alien can initiate a civil proceeding in India. Further, under Section 188 of the Code of Criminal Procedure, 1973 provides foreign entities to approach the Indian Courts to initiate criminal action against an Indian.
Are the foreign judgment conclusive are they binding on the parties in India?
A foreign judgment violative of Indian law is not conclusive between the parties and thus, Indian Courts are not bound to follow it. This principle is also statutorily recognized by Section 13(f) of the Civil Procedure Code, 1908.
Can a foreign divorce decree be challenged in India?
As the non-applicant did not submit to the jurisdiction, it is further said that this non-applicant did not chance a judgment in his/her favour. Challenge to the foreign court decree in such a situation may be entertained by the Indian courts.
Can a foreign lawyer fight a case in India?
Foreign lawyers and firms can now register in India but with specific restrictions. Their practice is limited to international law advisory and transactional work. They cannot represent clients in Indian courts, handle litigation, or advise on Indian law.
Are out of court settlements allowed in India?
Legal Framework for Out of Court Settlements in India
Indian Contract Act, 1872: Ensures settlements are legally binding and enforceable. Section 89 of the Code of Civil Procedure, 1908: Promotes resolution through mediation, arbitration, and Lok Adalats.
Can foreign libel judgments be enforced in the US where the judgment is inconsistent with the First Amendment?
The SPEECH Act prohibits any domestic court from recognizing or enforcing a foreign defamation judgment if the foreign jurisdiction's libel laws do not provide as much protection to speech as does the First Amendment and/or the libel law of the state in which the domestic court sits.
Does a High court of India has the power to review its own Judgement as the Supreme Court does?
Although High Courts also have inherent powers to review their own judgments, this is not exactly the same as the Supreme Court's powers. High Courts' review powers are much more limited in scope.
Does the US recognize foreign judgments?
Yes. Foreign judgments are routinely recognized in the United States through statutes enacted in each state. The defenses to recognition are limited in these proceedings. This principle originated with the Supreme Court's 1895 decision in Hilton v.
Is foreign law applicable in India?
The choice of a foreign system of law– two Indian parties cannot choose a foreign law system, here the English law, to govern their (main) contract. This is because the choice will violate Section 23 of the Indian Contract Act, 1872 and Section 28 ACA.
How to enforce a decree in India?
The decree may be executed either by the court which passed it, or by the court to which it is sent for execution. The limitation for filing an execution Application under Order 21 of the CPC, must be filed before the competent court within 12 years from the date of passing of the Decree.
Is the USA divorce decree valid in India?
The order of divorce given by the foreign court ought to be legitimate. Foreign court judgment of divorce or termination of marriage can be valid in India given such pronouncement is in accordance with the divorce law in India as set by the Indian courts.
How NRI can file contested divorce in India?
You need to apply petition in the family court of your district. For a contested divorce (where only you want the divorce), the court will issue a summons to your husband. If needed, you can also involve the embassy of the country where your husband is residing.
What happens if my wife doesn t respond to divorce papers in India?
When a spouse doesn't respond to a divorce petition, the court can proceed with a divorce without his or her response. Typically, the person who filed for divorce will need to submit additional paperwork to the court including a request for a default divorce.
What is the validity of foreign Judgement in India?
However, Section 13 of the Code of Civil Procedure 1908 (CPC) lays down that a foreign judgment shall be conclusive as to any matter directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except in few cases.
Can a foreign arbitral award be enforced in India?
The enforcement of a foreign award in India is a two-stage process which is initiated by filing an execution petition. Initially, a court would determine whether the award adhered to the requirements of the Act. Once an award is found to be enforceable it may be enforced like a decree of that court.
Can two Indian parties choose foreign governing law?
', (2021) 7 SCC 1, which while appreciating the complexities of the conflicting interpretation, held that two Indian parties, can now arbitrate and choose the foreign law including the law governing the substance of the dispute i.e the contract, as well as the law and procedure for governing and conducting the ...
Can US citizens file case in India?
Yes you can, be it usa or any other country you can always file a civil case by virtue of explanation to s. 10 of civil procedure code,1908 which says that nothing precludes Indian courts from instituting a civil suit in an Indian court provided the parties and cause of action are same.
How NRI can file a case in India?
- An NRI can file a civil suit in India if:
- They have a residence in India.
- The cause of action arises within the jurisdiction of the court where the suit is filed.
- They comply with the procedural requirements of the CPC and any specific laws relevant to the subject matter of the suit.
Can a foreign company own assets in India?
Let's dissect the nuances: Foreign companies can own property in India if it serves as a liaison office, branch office, or project office. However, this comes with the caveat of obtaining the necessary approvals from the RBI and adhering to specific conditions.