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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. In which of the following cases will a foreign judgment not be regarded as conclusive and enforceable in India under Section 13 of the CPC?
  • a)
    If it was obtained by fraud
  • b)
    If it is consistent with Indian law
  • c)
    If it has not been pronounced by any court
  • d)
    If it is based on international law
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Direction: Read the following passage carefully and answer the questio...
Explanation:

Foreign Judgment not regarded as conclusive:
- If it was obtained by fraud

Explanation:
- One of the cases under Section 13 of the CPC states that a foreign judgment shall not be regarded as conclusive and enforceable in India if it has been obtained by fraud.
- This means that if there is any fraudulent activity involved in obtaining the foreign judgment, it will not be recognized in India and cannot be enforced.

Importance of this provision:
- This provision is crucial as it ensures that judgments obtained through dishonest means are not given legal validity in India.
- By disallowing enforcement of judgments obtained by fraud, the legal system upholds the principles of justice and fairness.

Legal implications:
- The presence of fraud in obtaining a judgment undermines the integrity of the judicial process.
- Allowing such judgments to be enforced would go against the principles of justice and equity.

Conclusion:
- It is essential to adhere to the provisions of Section 13 of the CPC to ensure that foreign judgments are only enforced in India if they meet the necessary legal requirements and standards. Fraudulent judgments have no place in the legal system and must not be recognized.
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Community Answer
Direction: Read the following passage carefully and answer the questio...
Under Section 13 of the CPC, a foreign judgment will not be regarded as conclusive and enforceable in India if it has been obtained by fraud. This means that if one of the parties involved in obtaining the foreign judgment used fraudulent means or engaged in deceitful practices to secure the judgment, it will not be recognized by Indian courts. Fraudulent activities can undermine the integrity of the judicial process, and as a result, such judgments are not upheld in India. It is essential to ensure that judgments are obtained through fair and lawful means for them to be considered enforceable in India.
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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.In which of the following cases will a foreign judgment not be regarded as conclusive and enforceable in India under Section 13 of the CPC?a)If it was obtained by fraudb)If it is consistent with Indian lawc)If it has not been pronounced by any courtd)If it is based on international lawCorrect answer is option 'A'. Can you explain this answer?
Question Description
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.In which of the following cases will a foreign judgment not be regarded as conclusive and enforceable in India under Section 13 of the CPC?a)If it was obtained by fraudb)If it is consistent with Indian lawc)If it has not been pronounced by any courtd)If it is based on international lawCorrect answer is option 'A'. 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.In which of the following cases will a foreign judgment not be regarded as conclusive and enforceable in India under Section 13 of the CPC?a)If it was obtained by fraudb)If it is consistent with Indian lawc)If it has not been pronounced by any courtd)If it is based on international lawCorrect answer is option 'A'. 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.In which of the following cases will a foreign judgment not be regarded as conclusive and enforceable in India under Section 13 of the CPC?a)If it was obtained by fraudb)If it is consistent with Indian lawc)If it has not been pronounced by any courtd)If it is based on international lawCorrect answer is option 'A'. 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.In which of the following cases will a foreign judgment not be regarded as conclusive and enforceable in India under Section 13 of the CPC?a)If it was obtained by fraudb)If it is consistent with Indian lawc)If it has not been pronounced by any courtd)If it is based on international lawCorrect answer is option 'A'. 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.In which of the following cases will a foreign judgment not be regarded as conclusive and enforceable in India under Section 13 of the CPC?a)If it was obtained by fraudb)If it is consistent with Indian lawc)If it has not been pronounced by any courtd)If it is based on international lawCorrect answer is option 'A'. 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.In which of the following cases will a foreign judgment not be regarded as conclusive and enforceable in India under Section 13 of the CPC?a)If it was obtained by fraudb)If it is consistent with Indian lawc)If it has not been pronounced by any courtd)If it is based on international lawCorrect answer is option 'A'. 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.In which of the following cases will a foreign judgment not be regarded as conclusive and enforceable in India under Section 13 of the CPC?a)If it was obtained by fraudb)If it is consistent with Indian lawc)If it has not been pronounced by any courtd)If it is based on international lawCorrect answer is option 'A'. 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.In which of the following cases will a foreign judgment not be regarded as conclusive and enforceable in India under Section 13 of the CPC?a)If it was obtained by fraudb)If it is consistent with Indian lawc)If it has not been pronounced by any courtd)If it is based on international lawCorrect answer is option 'A'. 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.In which of the following cases will a foreign judgment not be regarded as conclusive and enforceable in India under Section 13 of the CPC?a)If it was obtained by fraudb)If it is consistent with Indian lawc)If it has not been pronounced by any courtd)If it is based on international lawCorrect answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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