Recognition And Enforcement Of Foreign Judgments In India: An In-Depth Understanding Of Foreign Judgments
- IJLLR Journal
- Aug 10
- 1 min read
Sushant Mishra, LL.B., National Law University Odisha
Kashish Rathore, LL.B., National Law University Odisha
Umang Binayakia, LL.B., National Law University Odisha
ABSTRACT
This research paper delves deep to explore the Recognition and enforcement of foreign judgements in India, having more focus towards the concept of Reciprocity enshrined in the Section 44A of Code of Civil Procedure, 1908. This paper through a descriptive and explanatory approach, using the Secondary data collection method, this paper attempts to seek answer to these crucial questions: (a) How does the enforcement concerning foreign judgements take place in India? (b) Do all foreign judgements valid in India? (c) Examining the concept of reciprocity with its legal effects?
The final findings of the paper concludes that even after Indian legislative framework is very straightforward yet the practical enforcement involves complex legal interpretation and procedural diligence. The recent judicial reforms and increased involvement of India in international legal cooperation point outs the emergent shift towards a more predictable and globally integrated enforcement system. With each passing day as Cross-border transactions and international arbitration becomes the new normal, India with world must evolve and adapt accordingly, to reinforce its Commitment towards International legal standards while safeguarding the domestic legal principles.
