Foreign - Law Dictionary Search Results
Home Dictionary Name: foreignForeign judgment
Foreign judgment, it is a well established pro-position in Private International law that unless a foreign Court has jurisdiction in the international sense, a judgment delivered by that Court would not be recognised or enforceable in India, Sankaran Govindan v. Lakshmi Bharathi, AIR 1974 SC 1764: (1975) 3 SCC 351: (1975) 1 SCR 57.Means the judgment of a foreign Court. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (6)]--A foreign judgment, i.e., a judgment of a foreign court, stands on a very different footing from a judgment of a court of this country. It cannot be enforced here by execution like an English judgment; it can only be enforced by bringing an action on it as if it were a contract, which of course it is not, though it is convenient to treat it as such. It is not strictly in this country res judicata, and therefore does not create an absolute estoppel. Nevertheless it is practically conclusive between the parties on the merits. Every presumption will be made in favour of...
Foreign contribution
Foreign contribution, means the donation, delivery or transfer made by any foreign source--(i) of any article, not being an article given to a person as a gift for his personal use, if the market value, in India, of such article, on the date of such gift, does not exceed one thousand rupees.(ii) of any currency, whether Indian or foreign;(iii) of any foreign security as defined in clause (i) of s. 2 of the Foreign Exchange Regulation Act, 1973. [Foreign Contribution (Regulation) Act, 1976 (49 of 1976), s. 2(1)(c)]...
Foreign exchange derivative contract
Foreign exchange derivative contract, means a financial transaction or an arrangement in what-ever form and by whatever name called, whose value in derived from price movement in one or more underlying assets, and includes:-(a) a transaction which involves at least one foreign currency other than currency of Nepal or Bhutan, or(b) a transaction which involves at least one interest rate applicable to a foreign currency not being a currency of Nepal or Bhutan, or(c) a forward contract, but does not include foreign exchange transaction for Cash or Tom or Spot deliveries. [Foreign Exchange Management (Foreign Exchange Derivative Contracts) Regulations, 2000, Reg. 2 (v)]...
Foreigner
Foreigner, has the same meaning as the Foreigners Act, 1946. [National Security Act, 1980 (65 of 1980)]It means a person who is not a citizen of India. [Foreigners Act, 1946 (31 of 1946), s. 2; See also National Security Act, 1980 (65 of 1980), s. 2 (c)]The word 'foreigner' according to the definition as in force in 1955 meant, a person who (i) is not natural born British subject as defined in sub-ss. (1) and (2) of s. 1 of the British Nationality and Status of Aliens Act, 1914, or (ii) has not been granted a certificate of naturalization as a British subject under any law, for the time being in force in India, or (iii) is not a citizen of India. The Citizenship Act, 1955 having been published in the Gazette of India on December 30, 1955, was also not in force at the time when the respondent entered India, State of U.P. v. Rahmatullah, AIR 1971 SC 1382: (1972) 2 SCC 113: (1971) Supp SCR 494.A person born at Allahabad at a time when it was within his Britannic Majesty's Dominion is a na...
Foreign Currency Convertible Bond
Foreign Currency Convertible Bond, (FCCB) means a bond issued by an Indian company expressed in foreign currency, and the principal and interest in respect of which is payable in foreign currency. [Foreign Exchange Management (Transfer or Issue of Any Foreign Security) Regulations, 2000, Reg. 2(g)]...
Foreign Enlistment Act
Foreign Enlistment Act, 59 Geo. 3, c. 69 (as to which see Burton v. Pinkerton, (1867) LR 2 Ex 340), repealed and replaced by the Foreign Enlistment Act, 1870 (33 & 34 Vict. c. 90), passed to 'regulate the conduct of the Majesty's subjects during the existence of hostilities between foreign states with which her majesty is at peace.' by s. 4 of this Act, if any British subject accepts any engagement in the military or naval service of any foreign state at war with any foreign state at peace with the Crown,he is punishable by fine and imprisonment or either; and by s. 11, if any person within theBritish Dominions 'prepares or fits out any naval or military expedition to proceed against the dominions of any friendly state,' such person and any persons employed in any capacity in any such expedition are similarly punishable. In Reg. v. Jameson, (1896) 2 QB 425, many persons were tried and convicted for an offence against s. 11 in making an armed incursion into the Transvaal in South Africa...
Foreign exchange
Foreign exchange, means foreign currency and includes--(i) deposits, credits and balances payable in any foreign currency,(ii) drafts, travellers cheques, letters of credit or bills of exchange, expressed or drawn in Indian currency but payable in any foreign currency,(iii) drafts, travellers cheques, letters of credit or bills of exchange drawn by banks, institutions or persons outside India, but payable in Indian currency. [Foreign Exchange Management Act, 1999 (42 of 1999), s. 2 (n)]The process of making international monetary trans-actions; esp. the conversion of one currency to that of a different country, Black's Law Dictionary, 7th Edn....
Foreign law
Foreign law in the courts of this country is a question of fact, which is decided by the judge, not the jury (Administration of Justice Act, 1920, s. 15). See LAW, QUESTIONS OF, and SKILLED WITNESS. By the (English) Foreign Law Ascertainment Act, 1861 (24 & 25 Vict. c. 11), the High Court of Justice may remit a case with queries to foreign courts of the countries with which a convention shall have been entered into for the purpose by the British Crown for ascertainment of the foreign law, and may apply the opinion obtained to the facts of the case. According to a note in the Annual Practice, 1936 p. 658, 'in the only case in which it is known to have been used, the report of the foreign authority was received through the diplomatic channel and was filed in the Central Office, in the same way as depositions are filed; an office copy being taken for use.'...
Foreign power
Foreign power, the expression 'Foreign Affairs' includes the relation of India with foreign powers. On a correct interpretation of the meaning of the words 'the relation of India with foreign powers' Pakistan must be regarded as a foreign power, Jaqan Natu Sathe v. Union of India, AIR 1960 SC 625 (628): (1960) 2 SCR 784. [Preventive Detention Act, (4 of 1950), s. 3]...
Full amount payable by the foreign buyer in resect of the goods
Full amount payable by the foreign buyer in resect of the goods, the expression 'the full amount payable by the foreign buyer in respect of the goods' occurring in clause (b) would mean merely the total amount which is due from the foreign buyer in respect of the goods actually exported; and what would be due from a foreign buyer has to be merely the price which he has agreed to pay and not any fanciful, unreal or inflated price which the exporter may choose to falsely incorporate in the invoice with any ulterior motives. Director, Enforce-ment Directorate v. Krishnaswamy, AIR 1979 SC 1969 (1971). [Foreign Exchange Regulation Act, 1947, s. 12(2)]...
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