AIBE XIV — September 2019 — Q.39 (Code of Civil Procedure, 1908)

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Q.39

Constitutional Law Medium Knowledge-Based

Bare Act Code of Civil Procedure, 1908 · Section 13

Which of the following is not a requirement for a foreign judgment to be conclusive:

A It must be given on merits of the case.

B It must be pronounced by a Court of competent jurisdiction.

C It was not obtained by fraud.

✓ It is by a court in an enemy country. Answer

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Explanation & Strategy

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Under Section 13 CPC, a foreign judgment is not conclusive if: (a) not by a competent court, (b) not on merits, (c) based on incorrect view of international law, (d) obtained by fraud, (e) violates natural justice, (f) founded on breach of Indian law.

At a Glance

Subject Constitutional Law

Difficulty Medium

Act Code of Civil Procedure, 1908

Section Section 13

Answer (D) Knowledge-Based

Paper AIBE XIV — September 2019

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