When is a Foreign judgment of Canada, USA or Australia not conclusive in India?

Client contacted us to execute in India a judgment passed by Foreign Court.

Questions raised:

  • Was foreign judgment passed by a competent court
  • Was foreign judgment passed on merits
  • Was foreign judgment against International or Indian Law
  • Was foreign judgment opposed to natural justice
  • Was foreign judgment obtained by fraud
  • Was foreign judgment founded on a breach of Indian Law.

We discussed the case with client and came to conclusion that judgment was conclusive in India. Client filed execution in India.

Time period for execution: 18 months.