The question (12 marks)
Explain the basis on which a foreign judgment is recognised, and set out the conditions on which it becomes conclusive in India together with the routes by which it may be enforced. (12 marks)
MU Module II, recognition and enforcement of foreign judgments; pack ch. 02 §§7-9.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Jurisdiction and the Enforcement of Foreign Judgments of Conflict of Laws.
Authorities you will need
- Code of Civil Procedure 1908, ss. 13, 14 and 44A
- Williams v. Jones
- Sirdar Gurdyal Singh v. The Rajah of Faridkot, Privy Council
- Sankaran Govindan v. Lakshmi Bharathi
- Satya v. Teja Singh
- Y. Narasimha Rao v. Y. Venkatalakshmi
- Marine Geotechniques v. Coastal Marine Construction and Engineering Ltd., Bombay High Court
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.