Enforcement Of Foreign Jurisdiction In India: Critical Analysis

Sneha Rajendran, Symbiosis Law School, Pune

ABSTRACT

Judgements are the crux of every other case and therefore stands to be the most intricate factor of the cases as well. The judgements of every case are determined according to the laws of the land and the precedents. There has been a lot of globalizations that has taken place since the time of independence of India and therefore even the enforcement of foreign judgements has played a vital role in the Indian jurisdiction.

But here too stands the question of reliability of these judgments especially since these are from foreign lands and the laws in each state is going to be different, in fact the societal background of each state is going to differ.

Can India as a country adopt such judgements then?

There are for sure various laws regarding the same that has been implemented in India as well, which will be looked into in this article along with the analysis of the same in support with crucial judgements and lastly few suggestions regarding the same being explained further to the analysis. The article gives emphasis on Section 44A and 13 of Civil Procedure Code.

Keywords: Enforcement, Foreign Judgements, Reciprocating Territories, Globalization