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Home Bare Acts Phrase: foreign judgmentCode of Civil Procedure, 1908 Section 14
Title: Presumption as to Foreign Judgments
State: Central
Year: 1908
The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 149
Title: Duty of Insurers to Satisfy Judgments and Awards Against Persons Insured in Respect of Third Party Risks
State: Central
Year: 1988
.....of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by the nondisclosure of a material fact or by a representation of fact which was false in some material particular. (3) Where any such judgment as is referred to in sub-section (1) is obtained from a Court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the Code of Civil Procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the Insurance Act, 1938 (4 of 1938) and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgment were given by a Court in India: Provided that no sum shall be payable by the insurer in respect of any such judgment unless, before the commencement of the proceedings in which the judgment is given, the insurer had notice through the Court concerned of the bringing of the proceedings and the insurer to whom notice is so given is.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 13
Title: Whenforeign Judgment Not Conclusive
State: Central
Year: 1908
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 the me rits of the case; (c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of1[India] in cases in which such law is applicable; (d) where the proceedings in which the judgment was obtained are opposed to natural justice; (e) where it has been obtained by fraud ; (f) where it sustains a claim founded on a breach of any law in force in1[India]. ___________________ 1. Substituted by Act 2 of 1951, section 3, for "the States" (w.e.f. 1-4-1951).
View Complete Act List Judgments citing this sectionThe Foreign Contribution (Regulation) Act, 2010 No. 42 of 2010[26th September, 2010.] Complete Act
Title: The Foreign Contribution (Regulation) Act, 2010 No. 42 of 2010[26th September, 2010.]
State: Central
Year: 2010
.....(c) of section 9 or section 18; or(b) seeks prior permission or registration by means of fraud, false representation or concealment of material fact,shall, on conviction by a court, be liable to imprisonment for a term which may extend to six months or with fine or with both. 34. Penalty for article or currency or security obtained in contravention of section 10. - If any person, on whom any prohibitory order has been served under section 10, pays, delivers, transfers or otherwise deals with, in any manner whatsoever, any article or currency or security, whether Indian or foreign, in contravention of such prohibitory order, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both; and notwithstanding anything contained in the Code of Criminal Procedure, 1973, the court trying such contravention may also impose on the person convicted an additional fine equivalent to the market value of the article or the amount of the currency or security in respect of which the prohibitory order has been contravened by him or such part thereof as the court may deem fit. 35. Punishment for contravention of any provi-sion of the Act. -.....
List Judgments citing this sectionForeign Exchange Regulation Act, 1973 [Repealed] Repealing Act 1
Title: Foreign Exchange Management Act, 1999
State: Central
Year: 1973
.....notification, direction or order made thereunder, and where (he said person refuses to comply with any such requirement or makes only unsatisfactory compliance therewith the authorised person shall refuse in writing to undertake the transaction and shall, if he has reason to believe that any such contravention or evasion as aforesaid is contemplated by the person, report the matter to the Reserve Bank. (6) Any person, other than an authorised person, who has acquired or purchased foreign exchange for any purpose mentioned in the declaration made by him to authorised person under sub-section (5) does not use it for such purpose or does not surrender it to authorised person within the specified period or uses the foreign exchange so acquired or purchased for any other purpose for which purchase or acquisition of foreign exchange is not permissible under the provisions of the Act or the rules or regulations or direction or order made thereunder shall be deemd to have committed contravention of the provisions of the Act for the purpose of this section. 11. Reserve Bank's powers to issue directions to authorised person (1) The Reserve, Bank may, for the purpose of.....
View Complete Act List Judgments citing this sectionForeign Contribution (Regulation) Act, 1976 Chapter 2
Title: Regulation of Foreign Contribution and Foreign Hospitality
State: Central
Year: 1976
.....or both. (3 ) No person receiving any currency, whether Indian or foreign, from a foreign source on behalf of any association, referred to in sub-section (1) of section 6 , shall deliver such currency-- (i) to any association or organisation other than the association for which it was received, or (ii) to any other person, if he knows or has reasonable cause to believe that such other person intends, or is likely, to deliver such currency to an association other than the association for which such currency was received. ____________________ 1. Substituted by Act 1 of 1985, sec. 3, for "Government servant" w.r.e.f. 20-10-1984. Section 5 - Organisation of a political nature not to accept foreign contribution except with the prior permission of the Central Government (1) No organisation of a political nature, not being a political party, shall, accept any foreign contribution except with the prior permission of the Central Government. Explanation.-For the purposes of this section, "organisation of a political nature, not being a political party" means such organisation as the Central Government may, having regard to the activities of the organisation or the ideology.....
View Complete Act List Judgments citing this sectionForeign Exchange Management Act, 1999 Chapter 2
Title: Regulation and Management of Foreign Exchange
State: Central
Year: 1999
.....Central Government may, in public interest and in consultation with the Reserve Bank, impose such reasonable restrictions for current account transactions as may be prescribed. Section 6 - Capital account transactions (1) Subject to the provisions of sub-section (2),any person may sell or draw foreign exchange to or from an authorised person for acapital account transaction. (2) The Reserve Bank may, in consultation with the Central Government, specify - (a) any class or classes of capital account transactions which are permissible; (b) the limit up to which foreign exchange shall be admissible for such transactions: Provided that the Reserve Bank shall not impose any restriction on the drawal of foreign exchange for payments due on account of amortization of loans or for depreciation of direct investments in the ordinary course of business. (3) Without prejudice to the generality of the provisions of sub-section (2), the Reserve Bank may, by regulations prohibit, restrict or regulate the following: - (a) transfer or issue of any foreign security by a person resident in India; (b) transfer or issue of any security by a person resident outside India; (c).....
View Complete Act List Judgments citing this sectionThe Foreign Trade (Development and Regulation) Amendment Act, 2010 No. 25 of 2010[19th August, 2010.] Complete Act
Title: The Foreign Trade (Development and Regulation) Amendment Act, 2010 No. 25 of 2010[19th August, 2010.]
State: Central
Year: 2010
.....any person for the purposes of exercising such powers with respect to,-(a) entering such premises where the goods are kept, stored or processed, manufactured, traded or supplied or received for the purposes of import or export and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of goods;(b) entering such premises from which the services or technology are being provided, supplied, received, consumed or utilised and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of services and technology, subject to such requirements and conditions and with the approval of such officer, as may be prescribed:Provided that the provisions of clause (b) shall be applicable, in case of import of export of services or technology, only when the service or technology provider is availing benefit under the foreign trade policy or is dealing with specified services or specified technologies. 12. Subsitution of new section for section 11. - For section 11 of the principal Act, the following section shall be substituted, namely:-11. Contravention of provisions of.....
List Judgments citing this sectionForeign Exchange Regulation Act, 1973 Section 8
Title: Restrictions on Dealing in Foreign Exchange
State: Central
Year: 1973
.....time or sends or brings any goods of a kind, quality or quantity different from that specified by him at the time of acquisition of the foreign exchange, such person shall unless the contrary is proved, be presumed not to have been able to use the foreign exchange for the purpose for which he acquired it or, as the case may be, to have used the foreign exchange so acquired otherwise than for the purposes for which it was acquired. (5) Nothing in this section shall be deemed to prevent a person from buying from any post office in accordance with any law or rules made thereunder for the time being in force, any foreign exchange in the form of postal orders or money orders.
View Complete Act List Judgments citing this sectionForeign Exchange Regulation Act, 1973 [Repealed] Section 8
Title: Restrictions on Dealing in Foreign Exchange
State: Central
Year: 1973
.....time or sends or brings any goods of a kind, quality or quantity different from that specified by him at the time of acquisition of the foreign exchange, such person shall unless the contrary is proved, be presumed not to have been able to use the foreign exchange for the purpose for which he acquired it or, as the case may be, to have used the foreign exchange so acquired otherwise than for the purposes for which it was acquired. (5) Nothing in this section shall be deemed to prevent a person from buying from any post office in accordance with any law or rules made thereunder for the time being in force, any foreign exchange in the form of postal orders or money orders.
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