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    Tarun Pratap
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    This document discusses the position of common law relating to foreign judgments in India. It begins by introducing common law and how it was introduced in India through British rule and the Indian Constitution. It then outlines several international conventions for enforcing foreign judgments, such as the New York Convention and Hague Conventions. The document explains sections of the Indian Code of Civil Procedure relating to foreign courts and judgments. Finally, it concludes that the Indian judiciary is inspired by laws of other countries when deciding cases involving conflict of laws or foreign judgments.

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    18175 - 5th sem COL PPT

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    This document discusses the position of common law relating to foreign judgments in India. It begins by introducing common law and how it was introduced in India through British rule and the Indian Constitution. It then outlines several international conventions for enforcing foreign judgments, such as the New York Convention and Hague Conventions. The document explains sections of the Indian Code of Civil Procedure relating to foreign courts and judgments. Finally, it concludes that the Indian judiciary is inspired by laws of other countries when deciding cases involving conflict of laws or foreign judgments.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    12 views6 pages

    5th Sem COL

    Uploaded by

    Tarun Pratap
    This document discusses the position of common law relating to foreign judgments in India. It begins by introducing common law and how it was introduced in India through British rule and the Indian Constitution. It then outlines several international conventions for enforcing foreign judgments, such as the New York Convention and Hague Conventions. The document explains sections of the Indian Code of Civil Procedure relating to foreign courts and judgments. Finally, it concludes that the Indian judiciary is inspired by laws of other countries when deciding cases involving conflict of laws or foreign judgments.

    Copyright:

    © All Rights Reserved
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    of 6

    POSITION OF COMMON

    LAW RELATING TO
    FOREIGN
    JUDGEMENTS IN INDIA
    INTRODUCTION

    • Law derived from judicial decisions.


    Meaning • Originated in England.
    • Unintelligible until expressed in a judgement.

    Common • Common law legal system in India was introduced


    Law in by the Britishers.
    • Article 141 of the Indian Constitution.
    India
    CONVENTIONS FOR ENFORCEMENT OF FOREIGN
    JUDGEMENTS

    New York Convention, 1959

    UNCITRAL Model Law in


    Hague Judgements
    International Commercial
    Convention, 2019
    Arbitration. 1966

    Hague Convention on the


    Recognition and
    Hague Choice of Court
    Enforcement of Foreign
    Convention, 2005
    Judgements in Civil and
    Commercial Matters, 1971
    LEGALITY OF FOREIGN JUDGEMENTS IN
    INDIA
    The Indian Code of Civil Procedure, 1908 (CPC) lays down the procedure for enforcement of foreign judgments and decrees in
    India. CPC, 1908 had defined the following as:

    • Section 2(5) “foreign Court” means a Court situate outside India and not established or continued by the authority of the
    Central Government.
    • Section 2(6) “foreign judgment” means the judgment of a foreign Court.

    Section 13, Section 14, Section 44A,


    CPC CPC CPC
    • Principle of Res Judicata in • Presumption of competent • Decree or judgment of any
    foreign judgments. jurisdiction of the Foreign of the Superior Courts of
    • Judgement of a foreign Court. any reciprocating territory
    court enforceable in India are executable as a decree
    (subject to 6 exception given or judgment passed by the
    under the section). domestic Court.
    CONCLUSION

    The Indian Judiciary has given various guidelines and judgment which
    are greatly inspired by laws of other countries. One of the recent
    examples is Triple Talaq which has been declared unconstitutional by
    Supreme Court. In recognizing freedom of the press, the Court relied
    on the U.S. Supreme Court’s decision in Kovacs v. Cooper. In
    upholding the death sentence, the Supreme Court relied on the U.S.
    cases of Furman v. Georgia, Arnold v. Georgia, and Proffitt v. Florida.
    Cases where conflict of laws arises, judges do the comparative study
    of laws of various countries to reach a fruitful conclusion.
    THANK
    YOU
    PRESENTED BY: PRESENTED TO:
    Name: Tarun Pratap Singh Dr. Sukhwinder Kaur Virk
    Roll no. 18175 Assistant Prof. of Law
    Group no. 29 RGNUL

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