13. WHEN FOREIGN JUDGMENT NOT CONCLUSIVE.

 

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-a. where it has not been pronounced by a court of competent jurisdiction;

b. where it has not been given on the merits of the case;

c. where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;

d. where the proceedings in which the judgment was obtained are opposed to natural justice;

e. where it has been obtained by fraud;

f. where it sustains a claim founded on a breach of any law in force in India.

 

The principle of Private International Law is incorporated in

a. Sections 13 and 14 of the Code of Civil Procedure

b. Sections 15 and 16 of the Code of Civil Procedure

c. Sections 17 and 18 of the Code of Civil Procedure

d. Sections 19 and 20 of the Code of Civil Procedure

Ans. (a)

 

 Validity of a foreign judgment can be challenged under Section 13 of CPC

a. In a civil court only

b. In a criminal court only

c. In both civil and criminal court

d. Neither in civil nor in criminal court

Ans. (a)

 

Under Section 13 of CPC which of the following judgments shall not be conclusive?     

a. Judgment not on merit.

b. Judgment founded on breach of Indian law. 

c. Judgment against International law.

d. All of the above

 Ans. (d)

 

A foreign judgment, not covered by any of the exceptions, under Section13 of C.P.C., shall be as to any matter thereby directly adjudicated upon between the same parties:

a. Persuasive

b. Wholly irrelevant

c. Conclusive

d. Advisory

Ans. (c)

 

14. PRESUMPTION AS TO FOREIGN JUDGMENTS.

The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.

 

Section 14 of CPC enacts that the Court shall presume, upon the production of a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction. This presumption is

a. Rebuttable presumption of fact

b. Irrebuttable presumption of fact

c. Rebuttable presumption of law

d. Irrebuttable presumption of law

Ans. (c)

 

On production of a certified copy of the foreign judgment, the presumption as to the competency of the court, under section 14 of CPC is a:

a. Presumption of fact

b. Presumption of fact & law both

c. Rebuttable presumption of law

d. Irrebuttable presumption of law

Ans. (c)

 

Which Section of the CPC declares that the court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record, or is proved?

a. Section 13

b. Section 14

c. Section 19

d. Section 20

Ans. (b)