-WESTPHALIAN SOVEREIGNTY-

The principle emanates from the peace of Westphalia which took place in 1648 when it could not
be possibly anticipated that internationalism and globalization would take place to such a large
extent. The Westphalian sovereignty includes the inviolability of borders and non-interfernce in
the domestic affairs of sovereign states, but the data which is not territorially bound violates the
boundary rules and does affect the domestic affairs of a country to an extent. Thus in the modern
times westphalian sovereignty has lost its relevancy atleast in the data transfers and processing
jurisdiction.

-SECTION 44A EXPLANATION2-

1. Section 44A only pertains to the decrees passed by courts in reciprocating territory. Decrees as
per Explanation 2 refers only to the decrees where sum of money is payable whereas Section 13.
Section 2(5) defines foreign court as any court outside india and not established or continued by
the authority of the central government and Section 2(14) defines order as the formal expression
of any civil court which is not a decree and Section 2(9) judgement means the statement given by
the judge on the grounds of decree and order. Section 13 says a foreign judgement shall be
conclusive in an Indian court as to any matter which are directly adjudicated upon between the
same parties except certain conditions.

2. The Court looked into the definitions of a ‘decree’, ‘order’ and ‘judgment’ as per the CPC
read with Explanation 2 (which provides that ‘decree’ with reference to a superior court means
any ‘decree’ or ‘judgment’) to conclude that ‘decree’ includes judgment and ‘judgment’ includes
‘order’. It therefore held that since the English Order fell within the definition of ‘order’, it is a
judgment and thus becomes a ‘decree’ as per Explanation 2. ( Alcon Electronics v Celem SA)