Brinda Kundu, University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi, India
ABSTRACT
“One precedent creates another and they soon accumulate and constitute law. What yesterday was a fact, today is doctrine.”
- Junius
The enforcement of foreign decrees in the backdrop of the Indian legal framework is a complex and evolving area of jurisprudence. The best way the trace the outlines of thereof is to study the recent judicial approach towards the interpretation of the provisions concerning execution of foreign decrees in India. This paper provides a comprehensive analysis of the laws governing the execution and enforcement of foreign decrees in India, with a particular focus on the provisions of the Code of Civil Procedure, 1908. It then goes on to examine the different criteria for the execution and enforcement of foreign decrees in India. The various grounds on which foreign decrees may be challenged and set aside in Indian courts is discussed at length. The author concludes by summarising the current judicial approach towards execution of foreign decrees in India and highlights the challenges and issues that arise in the enforcement of foreign decrees in India and suggests possible reforms to the existing legal framework.
Keywords: Enforcement, Execution, Foreign Decree, Foreign Judgment, Jurisdiction, Limitation
