What is section 13 of CPC?
Asked by: Jesus Brakus | Last update: February 11, 2026Score: 4.6/5 (25 votes)
Section 13 of India's Code of Civil Procedure (CPC) deals with when a foreign judgment is not conclusive, meaning it won't be recognized or enforced in India, even if passed by a foreign court. It establishes exceptions, such as if the foreign court lacked jurisdiction, the judgment wasn't on the merits, or if fraud, breach of Indian law, or violations of natural justice occurred in the proceedings. Essentially, Section 13 sets the conditions for challenging the validity of a foreign court's decision in India.
What is Section 13 of the CPC?
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except- (a) where it has not been pronounced by a Court of competent jurisdiction; (b) where it has not been given on ...
What is the rule of civil procedure 13?
Under Rule 13(a) of the Federal Rules of Civil Procedure, a counterclaim is compulsory if it arises from the same transaction or occurrence comprising the subject matter of the original claim. 1 A party who fails to assert a compulsory counterclaim is barred from raising the claim in any subsequent, independent action.
What is Section 13 of the PC Act?
- [(1) A public servant is said to commit the offence of criminal misconduct,-(a)if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or any property under his control as a public servant or allows any other person so to do; or(b)if he intentionally ...
What is the order 13 of the Civil Procedure Code?
Order 13 CPC Description. (1) The parties or their pleader shall produce, on or before the settlement of issues, all the documentary evidence of in original where the copies thereof have been filed along with plaint or written statement.
Foreign Judgment | Section 13 14 CPC | When Foreign Judgment not Conclusive | Presumption
What is Section 13 of the Civil Procedure Act 2005?
13 Officers of the court may be authorised to exercise court's functions. (b) vary or revoke any such instrument. (2) This section does not limit any provision of the Act by which the court is constituted with respect to the exercise of the court's functions.
What is the order 13a in CPC?
As per Order XIII-A, Summary Judgment can be passed by Courts on a claim pertaining to a Commercial Suit. The term “claim” has been defined to include (i) part of a Claim; (ii) any particular question on which claim (whether whole or part) depends or (iii) a counterclaim.
What is article 13 of the revised penal code?
ART. 13. Mitigating circumstances.—The following are mitigating circumstances: Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant.
Can individuals be prosecuted under the PC Act?
The Supreme Court today (May 13) ruled that even a non-public servant can be found guilty of abetting a public servant in committing an offence under the Prevention of Corruption Act, 1988 (“PC Act”), particularly when assisting the public servant in accumulating disproportionate assets in his/her name.
What is Section 13 of the Surface Act?
(13) No borrower shall, after receipt of notice referred to in sub-section (2), transfer by way of sale, lease or otherwise (other than in the ordinary course of his business) any of his secured assets referred to in the notice, without prior written consent of the secured creditor. 1.
How does rule 13 affect me?
Proposition 13 significantly impacts how property taxes are calculated—and who ends up paying more. Because it bases taxes on the original purchase price rather than current market value, longtime homeowners often pay far less than their newer neighbors, even for comparable properties.
What is order 13 rule 9 of CPC?
Return of admitted documents. (1) Any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record shall, unless the document is impounded under rule 8, be entitled to receive back the same,-
Are counterclaims successful?
Counterclaims can be highly effective, but they do come with risks. For example, they may result in more legal expenses or extended disputes. You'll also need evidence to prove your claim, so filing a counterclaim without merit can backfire. Given these risks, it's crucial to weigh the potential outcomes carefully.
Can a suit dismissed for default be restored?
- Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for [such failure as is referred to in rule 2], or for his non-appearance, ...
What are the rights of Article 13?
Article 13
Everyone has the right to freedom of movement and residence within the borders of each state. Everyone has the right to leave any country, including his own, and to return to his country.
What is order 9 rule 13 CPC section?
Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex- parte decree which was passed due to the non-appearance of the defendant in the civil. suit. The court only sets aside the ex-decree when the defendant presents a satisfactory. reason in court or the summons is not served well.
What three conditions must be present before a prosecutor charges a criminal case?
Before a prosecutor files criminal charges, three core conditions must generally exist: a crime must have occurred, there must be a suspect who can be identified and located, and there must be sufficient evidence (probable cause) to prove guilt beyond a reasonable doubt, all while ensuring the charges serve the interests of justice.
Who is more powerful, a judge or a prosecutor?
While judges have authority in the courtroom and over sentencing, prosecutors are generally considered more powerful because they control the initial charging decisions, plea bargains, and evidence disclosure, shaping the vast majority of criminal cases before they even reach a trial, giving them immense leverage over outcomes. Prosecutors decide who to charge, what to charge them with, and what plea deals to offer, often with limited public oversight, making them the most influential figures in the justice system.
Can you accuse without proof?
The law requires the prosecution to prove guilt beyond a reasonable doubt. If they don't have hard evidence—like surveillance footage, physical proof, or credible witnesses—they have a weak case. Still, weak cases can move forward if you don't push back.
What is Section 13 of the Crimes Act?
CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 13
(1) A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence. : Maximum penalty--Imprisonment for 5 years or 50 penalty units, or both.
What are the mitigating circumstances?
In law, the definition of mitigating circumstances is a group of factors that lessen the severity of a criminal offense. Mitigating circumstances can include things such as the age, mental state, history of abuse, or lack of criminal record of the defendant.
What is section 13 of the Bill of rights?
Section 13.
The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
What is Section 13 of the Code of Civil Procedure CPC?
Section 13(f) does not require that the procedure of the foreign court should be identical with or similar to the procedure of the courts in India. However, when a foreign Judgement is founded on a breach of any law in force in India, it would not be enforced in India.
What evidence is needed in a civil case?
Presenting Evidence: During the trial, the plaintiff must present evidence to meet the preponderance of evidence standard. This evidence can include witness testimonies, documents, and expert opinions.
What is order 13 rule 1 of CPC?
(c) Order XIII, Rule 1, lays down that the parties shall produce at the first hearing of the suit documentary evidence of every description in their possession or power, on which they intend to rely, and which has not been already filed, in Court and all documents which the Court has ordered to be produced.