Direction: Read the following passage carefully and answer the questions given below:Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,andmdash; Where it has not been pronounced by a Court of competent jurisdiction; Where it has not been given on the merits of the case; Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; Where the proceedings in which the judgment was obtained are opposed to natural justice; Where it has been obtained by fraud; Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. GovindramGordhandas Seksaria, Supreme Court held that Section 13 speaks not only of andldquo;Judgmentandrdquo; but andldquo;any matter thereby directly adjudicated uponandrdquo;. The word andlsquo;anyandrsquo; clearly shows that all the adjudicative parts of the judgment are equally conclusive.Q.A foreign court issues a ruling that favors X against Y based on a statute that India does not recognize. X attempts to get the foreign judgment enforced in India. Can X get the verdict from abroad enforced in India?a)If the foreign judgment complies with Section 13 of the CPC and is decisive, then yes, it may be enforced in India.b)No, the foreign judgment cannot be enforced in India because it is based on erroneous interpretations of international law or a reluctance to acknowledge Indian law.c)If the law used by the foreign court on the same subject matter is identical to Indian law, then the foreign judgment may be implemented in India.d)No, since the foreign judgment was obtained fraudulently, it cannot be enforced in India.Correct answer is option 'B'. Can you explain this answer?

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Direction: Read the following passage carefully and answer the questions given below:

Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,—

Where it has not been pronounced by a Court of competent jurisdiction;
Where it has not been given on the merits of the case;
Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;
Where the proceedings in which the judgment was obtained are opposed to natural justice;
Where it has been obtained by fraud;
Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. Govindram

Gordhandas Seksaria, Supreme Court held that Section 13 speaks not only of “Judgment” but “any matter thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the adjudicative parts of the judgment are equally conclusive.

Q. A foreign court issues a ruling that favors X against Y based on a statute that India does not recognize. X attempts to get the foreign judgment enforced in India. Can X get the verdict from abroad enforced in India?

a)
If the foreign judgment complies with Section 13 of the CPC and is decisive, then yes, it may be enforced in India.
b)
No, the foreign judgment cannot be enforced in India because it is based on erroneous interpretations of international law or a reluctance to acknowledge Indian law.
c)
If the law used by the foreign court on the same subject matter is identical to Indian law, then the foreign judgment may be implemented in India.
d)
No, since the foreign judgment was obtained fraudulently, it cannot be enforced in India.

Correct answer is option 'B'. Can you explain this answer?

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Direction: Read the following passage carefully and answer the questio...

No, the foreign judgment cannot be enforced in India because it appears from the proceedings that it is based on an incorrect understanding of international law or a refusal to recognize Indian law when it is applicable, which is one of the six criteria listed in Section 13 of the CPC.

Therefore, choice B is the proper response.

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Direction: Read the following passage carefully and answer the questions given below:Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,— Where it has not been pronounced by a Court of competent jurisdiction; Where it has not been given on the merits of the case; Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; Where the proceedings in which the judgment was obtained are opposed to natural justice; Where it has been obtained by fraud; Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. GovindramGordhandas Seksaria, Supreme Court held that Section 13 speaks not only of “Judgment” but “any matter thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the adjudicative parts of the judgment are equally conclusive.Q.Mr. Y is found guilty after Mr. X filed a lawsuit against him in a French court. Later, Mr. X attempts to have the ruling enforced in India. Mr. Y challenges the judgments enforceability on the grounds that it was obtained fraudulently. Which of the following legal justifications is accurate?

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Section 10 of Civil Procedure Code deals with Doctrine of Res Sub-Judice. ‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). Conjoining the two, it implies that the rule of Res Sub-Judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication.Section 10 of CPC deals with the stay of civil suits. Section 10 of Civil Procedure Code defines “ Stay of Suit: as- No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court. In simple words Section 10 declares that no Court should proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties and the Court before which the previously instituted suit is pending is competent to grant the relief sought.The Rule applies to trial of a suit and not the institution thereof. It also does not preclude a Court from passing interim orders, such as, grant of injunction or stay, appointment of receiver. It, however, applies to appeals and revisions. The object of the rule contained in Section 10 is to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations in respect of the same cause of action, the same subject-matter and the same relief. The provisions of Section 10 of the code do not strictly apply, a civil court has inherent power under Section 151 of the code to stay a suit to achieve the ends of justice. Similarly, a Court has inherent power to consolidate different suits between the same parties in which the matter in issue is substantially the same. Section 10 also provides that there is no bar on the power of an Indian Court to try a subsequently instituted suit if the previously instituted suit is pending in a foreign Court.Q. Which of the following statements is false in relation to the above passage in order to apply doctrine of Res Sub-Judice?

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Directions: Read the following passage and answer the question.Section 10 deals with the doctrine of res sub-judice. Res means matter or litigation and sub-judice means pending (under judgement). Conjoining the two, it implies that the rule of Res sub-judice relates to a matter which is pending judicial enquiry. In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.Res judicata means a final judicial decision pronounced by a judicial tribunal having competent jurisdiction over the cause or matter in litigation and over the parties thereto. Section 11 of the Code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgement, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. To constitute a matter as res judicata under Section 11, certain conditions need to be fulfilled. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit. The former suit must have been a suit between the same parties or between parties under whom they or any of them claim. Such parties must have been litigating under the same title in the former suit. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the former suit.[Extracted with edits and revision from article of Doctrine of res sub-judice by lawtimesjournal]Q. In which situation does the doctrine of res sub-judice prevent a court from proceeding with the trial of a suit?

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It is a well settled principle of contract law that parties cannot by contract exclude the jurisdiction of all courts. Such a contract would constitute an agreement in restraint of legal proceedings and contravene Section 28 of the Indian Contract Act, 1872. However, where parties to a contract confer jurisdiction on one amongst multiple courts having proper jurisdiction, to the exclusion of all other courts, the parties cannot be said to have ousted the jurisdiction of all courts. Such a contract is valid and will bind the parties to a civil action. Section 28. Agreements in restraint of legal proceedings, void-Every agreement, -(

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It is a well settled principle of contract law that parties cannot by contract exclude the jurisdiction of all courts. Such a contract would constitute an agreement in restraint of legal proceedings and contravene Section 28 of the Indian Contract Act, 1872. However, where parties to a contract confer jurisdiction on one amongst multiple courts having proper jurisdiction, to the exclusion of all other courts, the parties cannot be said to have ousted the jurisdiction of all courts. Such a contract is valid and will bind the parties to a civil action. Section 28. Agreements in restraint of legal proceedings, void-Every agreement, -(

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Direction: Read the following passage carefully and answer the questions given below:Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,— Where it has not been pronounced by a Court of competent jurisdiction; Where it has not been given on the merits of the case; Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; Where the proceedings in which the judgment was obtained are opposed to natural justice; Where it has been obtained by fraud; Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. GovindramGordhandas Seksaria, Supreme Court held that Section 13 speaks not only of “Judgment” but “any matter thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the adjudicative parts of the judgment are equally conclusive.Q.A foreign court issues a ruling that favors X against Y based on a statute that India does not recognize. X attempts to get the foreign judgment enforced in India. Can X get the verdict from abroad enforced in India?a)If the foreign judgment complies with Section 13 of the CPC and is decisive, then yes, it may be enforced in India.b)No, the foreign judgment cannot be enforced in India because it is based on erroneous interpretations of international law or a reluctance to acknowledge Indian law.c)If the law used by the foreign court on the same subject matter is identical to Indian law, then the foreign judgment may be implemented in India.d)No, since the foreign judgment was obtained fraudulently, it cannot be enforced in India.Correct answer is option 'B'. Can you explain this answer?

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Direction: Read the following passage carefully and answer the questions given below:Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,— Where it has not been pronounced by a Court of competent jurisdiction; Where it has not been given on the merits of the case; Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; Where the proceedings in which the judgment was obtained are opposed to natural justice; Where it has been obtained by fraud; Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. GovindramGordhandas Seksaria, Supreme Court held that Section 13 speaks not only of “Judgment” but “any matter thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the adjudicative parts of the judgment are equally conclusive.Q.A foreign court issues a ruling that favors X against Y based on a statute that India does not recognize. X attempts to get the foreign judgment enforced in India. Can X get the verdict from abroad enforced in India?a)If the foreign judgment complies with Section 13 of the CPC and is decisive, then yes, it may be enforced in India.b)No, the foreign judgment cannot be enforced in India because it is based on erroneous interpretations of international law or a reluctance to acknowledge Indian law.c)If the law used by the foreign court on the same subject matter is identical to Indian law, then the foreign judgment may be implemented in India.d)No, since the foreign judgment was obtained fraudulently, it cannot be enforced in India.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Direction: Read the following passage carefully and answer the questions given below:Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,— Where it has not been pronounced by a Court of competent jurisdiction; Where it has not been given on the merits of the case; Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; Where the proceedings in which the judgment was obtained are opposed to natural justice; Where it has been obtained by fraud; Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. GovindramGordhandas Seksaria, Supreme Court held that Section 13 speaks not only of “Judgment” but “any matter thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the adjudicative parts of the judgment are equally conclusive.Q.A foreign court issues a ruling that favors X against Y based on a statute that India does not recognize. X attempts to get the foreign judgment enforced in India. Can X get the verdict from abroad enforced in India?a)If the foreign judgment complies with Section 13 of the CPC and is decisive, then yes, it may be enforced in India.b)No, the foreign judgment cannot be enforced in India because it is based on erroneous interpretations of international law or a reluctance to acknowledge Indian law.c)If the law used by the foreign court on the same subject matter is identical to Indian law, then the foreign judgment may be implemented in India.d)No, since the foreign judgment was obtained fraudulently, it cannot be enforced in India.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction: Read the following passage carefully and answer the questions given below:Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,— Where it has not been pronounced by a Court of competent jurisdiction; Where it has not been given on the merits of the case; Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; Where the proceedings in which the judgment was obtained are opposed to natural justice; Where it has been obtained by fraud; Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. GovindramGordhandas Seksaria, Supreme Court held that Section 13 speaks not only of “Judgment” but “any matter thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the adjudicative parts of the judgment are equally conclusive.Q.A foreign court issues a ruling that favors X against Y based on a statute that India does not recognize. X attempts to get the foreign judgment enforced in India. Can X get the verdict from abroad enforced in India?a)If the foreign judgment complies with Section 13 of the CPC and is decisive, then yes, it may be enforced in India.b)No, the foreign judgment cannot be enforced in India because it is based on erroneous interpretations of international law or a reluctance to acknowledge Indian law.c)If the law used by the foreign court on the same subject matter is identical to Indian law, then the foreign judgment may be implemented in India.d)No, since the foreign judgment was obtained fraudulently, it cannot be enforced in India.Correct answer is option 'B'. Can you explain this answer?.

Solutions for Direction: Read the following passage carefully and answer the questions given below:Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,— Where it has not been pronounced by a Court of competent jurisdiction; Where it has not been given on the merits of the case; Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; Where the proceedings in which the judgment was obtained are opposed to natural justice; Where it has been obtained by fraud; Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. GovindramGordhandas Seksaria, Supreme Court held that Section 13 speaks not only of “Judgment” but “any matter thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the adjudicative parts of the judgment are equally conclusive.Q.A foreign court issues a ruling that favors X against Y based on a statute that India does not recognize. X attempts to get the foreign judgment enforced in India. Can X get the verdict from abroad enforced in India?a)If the foreign judgment complies with Section 13 of the CPC and is decisive, then yes, it may be enforced in India.b)No, the foreign judgment cannot be enforced in India because it is based on erroneous interpretations of international law or a reluctance to acknowledge Indian law.c)If the law used by the foreign court on the same subject matter is identical to Indian law, then the foreign judgment may be implemented in India.d)No, since the foreign judgment was obtained fraudulently, it cannot be enforced in India.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of Direction: Read the following passage carefully and answer the questions given below:Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,— Where it has not been pronounced by a Court of competent jurisdiction; Where it has not been given on the merits of the case; Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; Where the proceedings in which the judgment was obtained are opposed to natural justice; Where it has been obtained by fraud; Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. GovindramGordhandas Seksaria, Supreme Court held that Section 13 speaks not only of “Judgment” but “any matter thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the adjudicative parts of the judgment are equally conclusive.Q.A foreign court issues a ruling that favors X against Y based on a statute that India does not recognize. X attempts to get the foreign judgment enforced in India. Can X get the verdict from abroad enforced in India?a)If the foreign judgment complies with Section 13 of the CPC and is decisive, then yes, it may be enforced in India.b)No, the foreign judgment cannot be enforced in India because it is based on erroneous interpretations of international law or a reluctance to acknowledge Indian law.c)If the law used by the foreign court on the same subject matter is identical to Indian law, then the foreign judgment may be implemented in India.d)No, since the foreign judgment was obtained fraudulently, it cannot be enforced in India.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction: Read the following passage carefully and answer the questions given below:Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,— Where it has not been pronounced by a Court of competent jurisdiction; Where it has not been given on the merits of the case; Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; Where the proceedings in which the judgment was obtained are opposed to natural justice; Where it has been obtained by fraud; Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. GovindramGordhandas Seksaria, Supreme Court held that Section 13 speaks not only of “Judgment” but “any matter thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the adjudicative parts of the judgment are equally conclusive.Q.A foreign court issues a ruling that favors X against Y based on a statute that India does not recognize. X attempts to get the foreign judgment enforced in India. Can X get the verdict from abroad enforced in India?a)If the foreign judgment complies with Section 13 of the CPC and is decisive, then yes, it may be enforced in India.b)No, the foreign judgment cannot be enforced in India because it is based on erroneous interpretations of international law or a reluctance to acknowledge Indian law.c)If the law used by the foreign court on the same subject matter is identical to Indian law, then the foreign judgment may be implemented in India.d)No, since the foreign judgment was obtained fraudulently, it cannot be enforced in India.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Direction: Read the following passage carefully and answer the questions given below:Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,— Where it has not been pronounced by a Court of competent jurisdiction; Where it has not been given on the merits of the case; Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; Where the proceedings in which the judgment was obtained are opposed to natural justice; Where it has been obtained by fraud; Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. GovindramGordhandas Seksaria, Supreme Court held that Section 13 speaks not only of “Judgment” but “any matter thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the adjudicative parts of the judgment are equally conclusive.Q.A foreign court issues a ruling that favors X against Y based on a statute that India does not recognize. X attempts to get the foreign judgment enforced in India. Can X get the verdict from abroad enforced in India?a)If the foreign judgment complies with Section 13 of the CPC and is decisive, then yes, it may be enforced in India.b)No, the foreign judgment cannot be enforced in India because it is based on erroneous interpretations of international law or a reluctance to acknowledge Indian law.c)If the law used by the foreign court on the same subject matter is identical to Indian law, then the foreign judgment may be implemented in India.d)No, since the foreign judgment was obtained fraudulently, it cannot be enforced in India.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Direction: Read the following passage carefully and answer the questions given below:Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,— Where it has not been pronounced by a Court of competent jurisdiction; Where it has not been given on the merits of the case; Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; Where the proceedings in which the judgment was obtained are opposed to natural justice; Where it has been obtained by fraud; Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. GovindramGordhandas Seksaria, Supreme Court held that Section 13 speaks not only of “Judgment” but “any matter thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the adjudicative parts of the judgment are equally conclusive.Q.A foreign court issues a ruling that favors X against Y based on a statute that India does not recognize. X attempts to get the foreign judgment enforced in India. Can X get the verdict from abroad enforced in India?a)If the foreign judgment complies with Section 13 of the CPC and is decisive, then yes, it may be enforced in India.b)No, the foreign judgment cannot be enforced in India because it is based on erroneous interpretations of international law or a reluctance to acknowledge Indian law.c)If the law used by the foreign court on the same subject matter is identical to Indian law, then the foreign judgment may be implemented in India.d)No, since the foreign judgment was obtained fraudulently, it cannot be enforced in India.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction: Read the following passage carefully and answer the questions given below:Before enforcing a foreign judgment or decree, the party enforcing it must ensure that the foreign judgment or decree must not fall under the prohibited cases of CPC. If the foreign judgment or decree falls under any of these tests, it will not be regarded as conclusive and hence not enforceable in India. Under Section 13 of CPC, there are six cases when a foreign judgment shall not be conclusive. It states that 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,— Where it has not been pronounced by a Court of competent jurisdiction; Where it has not been given on the merits of the case; Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; Where the proceedings in which the judgment was obtained are opposed to natural justice; Where it has been obtained by fraud; Were it sustains a claim founded on a breach of any law in force in India. In Brijlal Ramjidas v. GovindramGordhandas Seksaria, Supreme Court held that Section 13 speaks not only of “Judgment” but “any matter thereby directly adjudicated upon”. The word ‘any’ clearly shows that all the adjudicative parts of the judgment are equally conclusive.Q.A foreign court issues a ruling that favors X against Y based on a statute that India does not recognize. X attempts to get the foreign judgment enforced in India. Can X get the verdict from abroad enforced in India?a)If the foreign judgment complies with Section 13 of the CPC and is decisive, then yes, it may be enforced in India.b)No, the foreign judgment cannot be enforced in India because it is based on erroneous interpretations of international law or a reluctance to acknowledge Indian law.c)If the law used by the foreign court on the same subject matter is identical to Indian law, then the foreign judgment may be implemented in India.d)No, since the foreign judgment was obtained fraudulently, it cannot be enforced in India.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.

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