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Filed civil fraud case on in-laws in Canada want to enforce in India
21-Nov-2023 (In International Law Law)
Hi, I am taking my ex-wife and my inlaws for civil fraud in Canada and I wanted to know supposing that we are going to win the case will that judgment be enforceable in India??? If yes under which law and if not under which law or court rulings.
To enforce civil or criminal case, jurisdiction of offence committed in that particular area need to be established. Since, the offense has been committed out of India, and trial too has taken place out of India. Hence, judgment shall not be enforceable in India.
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Adv. Manmohan Singh Mehra
Delhi | 25+ Answers
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The Supreme Court of India has held that Indian courts would not recognize a foreign judgment if it had been obtained by fraud, which need not be only in relation to the merits of the matter but may also be in relation to jurisdictional facts. Judgments from Courts in "reciprocating territories" can be enforced directly by filing before an Indian Court an Execution Decree. So far as I understand broadly, Canada (with Supreme Court of Ontario as the superior court) and India do have a reciprocating arrangement and the Canadian decree may be enforceable in India. Do let me know if you need a detailed opinion.
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Adv. Joydeep Nath
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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