FOREIGN JUDGEMENT

1. Validity of foreign judgment can be challenged under Section 13 of CPC
   a) In a criminal court only
   b) In a civil court only
   c) Both (a) and (b)
   d) None of the above
2. Under Section 13 of CPC which of the following judgments shall not be conclusive?
   a) Judgment not on merit
   b) Judgment against International law
   c) Judgment founded on breach of Indian law
   d) All of the above
3. A foreign judgment not covered by any exception under section 13 of the Code of Civil Procedure shall be _ as to any matter thereby directly adjudicated upon between the same parties.
   a) Conclusive
   b) Advisory
   c) Persuasive
   d) Wholly irrelevant
4. “Foreign Court” under Civil Procedure Code, 1908 means
   a) A court situated outside India
   b) A court situated in India applying foreign law
   c) A court situated outside India and not established under the authority of Government of India
   d) All of the above
5. ‘Presumption as to foreign judgment’ is contained in section __ of the Code of Civil Procedure.
   a) Section 10
   b) Section 12
   c) Section 13
   d) Section 14
6. A foreign judgment is not conclusive under the __ grounds provided in section 13 of the Code of Civil Procedure.
   a) 4
   b) 5
   c) 6
   d) 7
7. 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 given on the merits of the case
   b) Where it has not been pronounced by a court of competent jurisdiction
   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) All of the above
8. Which of the following is a leading judgment on foreign judgment obtained by fraud?
   a) Satya v. Teja Singh
   b) LIC v. Indian Automobile
   c) Satyadhyan Ghosal v. Deorjin Debi
   d) None of the above
9. A foreign judgment which is conclusive can be enforced by
   a) Instituting execution proceedings
   b) Instituting a suit on such foreign judgment
   c) Either (a) or (b)
   d) None of the above
10. Sec. 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

Answer

1. B
2. D
3. A
4. C
5. D
6. C
7. D
8. A
9. C
10. C