Foreign Courts - Law Dictionary Search Results
Home Dictionary Name: foreign courtsForeign Courts
Foreign Courts. The proceedings of a foreign Court are proved by copies under the seal of such Court, proof being given that the seal affixed is the seal of such Court. If a Court have no seal, then proof by an exemplification under the hand of the chief judge of the Court (his hand writing being judge of the Court (his handwriting being proved) will be received. See Piggott on Foreign Judgmets....
Foreign Court
Foreign Court, means a Court situate outside India and not established or continued by the authority o the Central Government. [Code of Civil Procedure, 1908, s. 2 (5)]The Bankura Court cannot be considered as a 'foreign Court' within the meaning of that expression in 'the Code', Lalji Raja v. Firm Hansraj Nathuram, AIR 1971 SC 974 (976): (1971) 1 SCC 721. [Civil PC, 1908, s. 2(5)]...
Foreign 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 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 Jurisdiction Acts (English)
Foreign Jurisdiction Acts (English): 6 & 7 Vict. c. 94; 28 & 29 Vict. c. 116; 29 & 30 Vict. c. 87; 38 & 39 Vict. c. 85; and 41 & 42 Vict. C. 67; consolidated by the Foreign Jurisdiction Act, 1890 (53 & 54 Vict. c. 37) (extended by the Foreign Jurisdiction Act, 1913 [3 & 4 Geo. 5, c. 16)], which regulates the exercise by the Crown of the powers and jurisdiction acquired by it (whether by treaty, grant, usage, sufferance, or otherwise) in countries out of the dominions f the British Crown.A decree by a foreign court over a matter outside its jurisdiction has no effect, Lecouturier v. Rey, 1910 AC 262....
Neutral Court
Neutral Court, the parties to a contract may agree to have their disputes resolved by a foreign Court termed as a 'neutral Court' or 'Court of choice' creating exclusive or non-exclusive jurisdiction in it, Modi Entertainment Network v. W.S.G. Cricket Pvt. Ltd., (2003) 4 SCC 341: AIR 2003 SC 1177....
Contrary to natural justice
Contrary to natural justice, The expression 'contrary to natural justice' has figured so prominently in judicial statements that it is essential to fix its exact scope and meaning. When applied to foreign judgments, it merely relates to the alleged irregularities in procedure adopted by the adjudicating court and has nothing to do with the merits of the case. If the proceedings be in accordance with the practice of the foreign court but that practice is not in accordance with natural justice. This Court will not allow it to be concluded by them. In other words, the courts are vigilant to see that the defendant had not been deprived of an opportunity to present his side of the case, Sankaran Govindan v. Lakshmi Bharthi, (1975) 3 SCC 351: AIR 1974 SC 1764: (1975) 1 SCR 57....
Letter rogatory
Letter rogatory, 'Letter Rogatory' is a formal communication in writing sent by a Court in which action is pending to a foreign Court or Judge requesting that the testimony of a witness residing within the jurisdiction of that foreign Court may be formally taken thereon under its direction and transmitted to the issuing Court making such request for use in a pending legal contest or action, Union of India v. W.N. Chadha, AIR 1993 SC 1082 (1098): (1993) Supp (4) SCC 260 [Criminal Procedure Code, 1973, s. 166A]...
Foreign Attachment
Foreign Attachment, a custom which prevails in the city of London, whereby a debt owing to a defendant, sued in the Court of the Mayor or Sheriff, may be attached in the hands of the debtor. The custom was certified by the Recorder of London, in the reign o Edward IV., to be, that if a plaint be affirmed in London before, etc., against any person, and it be returned nihil, if the plaintiff will surmise that another person within the city is a debtor to the defendant in any sum, he shall have garnishment against him to warn him to come in and answer whether he be indebted in the manner alleged; and if he comes and does not deny the debt, it shall be attached in his habds, and after four defaults, recorded on the part of the defendant, such person shall find new surety to the plaintiff for the said debt, and judgment shall be that the plaintiff shall have judgment against him and that he shall be quit against the other after execution sued out by the plaintiff. Consult Brandon on Foreign...
Irish and Scots Courts' Judgments
Irish and Scots Courts' Judgments. As regards Northern Ireland and Scottish judgments, a judg-ment of a Superior Court of Northern Ireland or Scotland is enforceable after registration of a certificate thereof by the High Court of Justice in England, under the Judgments Extension Act, 1868 (31 & 32 Vict. c. 54 (preserved by Judic. Act, 1925, s. 224); and a judgment of an inferior Court is similarly enforceable by an English county Court, under the Inferior Courts Judgments Extension Act, 1882 (45 & 46 Vict. c. 31). Irish Free State judgments of the Courts may not be so enforced under the Judgments Extension Act, 1868, since references to 'Ireland' in any enactment passed before the establishment of the Irish Free State to the United Kingdom or to Ireland are in the application of that enactment in Great Britain or Northern Ireland to be construed as exclusive of the Irish Free State (see Stat. R. & O. 1923, No. 405, Art. 2). The Act of 1868 applies only to debt, damages and costs, but ...
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