Question:
Principle: Foreign judgment binds the parties and is conclusive unless it is obtained by fraud.
Facts: A obtains judgment from US court by producing fake documents.
Principle: Foreign judgment binds the parties and is conclusive unless it is obtained by fraud.
Facts: A obtains judgment from US court by producing fake documents.
Facts: A obtains judgment from US court by producing fake documents.
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Fraudulent judgments cannot be enforced, and a new suit can be filed in the relevant jurisdiction.
Updated On: Aug 14, 2025
- New Suit can be filed in India on the same facts
- Judgment can be enforced in US
- Judgment can be enforced in India
- New suit can not be filed in India on same facts
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The Correct Option is A
Solution and Explanation
According to the principle, a foreign judgment is binding, but if the judgment is obtained fraudulently, it may not be enforceable. In this case, A obtained the judgment by producing fake documents, which indicates the judgment was obtained by fraud. This makes the judgment voidable in India. As the fraud was identified, a new suit can be filed in India on the same facts.
Thus, the correct answer is (A).
Option (B) is incorrect as a fraudulent judgment cannot be enforced in any jurisdiction. Option (C) is incorrect because the fraud makes the judgment unenforceable. Option (D) is incorrect because the fraudulent nature allows for a new suit in India.
Thus, the correct answer is (A).
Option (B) is incorrect as a fraudulent judgment cannot be enforced in any jurisdiction. Option (C) is incorrect because the fraud makes the judgment unenforceable. Option (D) is incorrect because the fraudulent nature allows for a new suit in India.
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Top Questions on Judgments
- An Ordinance which is promulgated by the Governor has (as clause 2 of Article 213 provides) the same force and effect as an Act of the legislature of the State assented to by the Governor. However - and this is a matter of crucial importance – clause 2 goes on to stipulate in the same vein significant constitutional conditions. These conditions have to be fulfilled before the ‘force and effect’ fiction comes into being. These conditions are prefaced by the expression “but every such Ordinance” which means that the constitutional fiction is subject to what is stipulated in sub-clauses (a) and (b). Sub-clause (a) provides that the Ordinance “shall be laid before the legislative assembly of the state” or before both the Houses in the case of a bi-cameral legislature. Is the requirement of laying an Ordinance before the state legislature mandatory? There can be no manner of doubt that it is. The expression “shall be laid” is a positive mandate which brooks no exceptions. That the word ‘shall’ in sub-clause (a) of clause 2 of Article 213 is mandatory, emerges from reading the provision in its entirety. As we have noted earlier, an Ordinance can be promulgated only when the legislature is not in session. Upon the completion of six weeks of the reassembling of the legislature, an Ordinance “shall cease to operate”.
Article 213(2)(a) postulates that an ordinance would cease to operate upon the expiry of a period of six weeks of the reassembly of the legislature. The Oxford English dictionary defines the expression “cease” as : “to stop, give over, discontinue, desist; to come to the end.” P Ramanatha Aiyar’s, The Major Law Lexicon defines the expression “cease” to mean “discontinue or put an end to”. Justice C K Thakker’s Encyclopaedic Law Lexicon defines the word “cease” as meaning: “to put an end to; to stop, to terminate or to discontinue”. The expression has been defined in similar terms in Black’s Law Dictionary.
The expression “cease to operate” in Article 213(2)(a) is attracted in two situations. The first is where a period of six weeks has expired since the reassembling of the legislature. The second situation is where a resolution has been passed by the legislature disapproving of an ordinance. Apart from these two situations that are contemplated by sub-clause (a), sub-clause (b) contemplates that an ordinance may be withdrawn at any time by the Governor. Upon its withdrawal the ordinance would cease to operate as well.
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In 2017, new rules to order internet shut downs were introduced taking the power away from the Magistrate. These rules — the Temporary Suspension Rules — state that internet shut downs can now only be ordered by the Home Secretary of the Union or State Governments. Only in “unavoidable circumstances” can the passing of orders be delegated to someone lower than the rank of a Joint Secretary to the Government of India. And even in this case, the official must be authorised by the Centre or State Home Secretary. Shut downs can be ordered where ‘necessary’ or ‘unavoidable’ during a ‘public emergency’ or in the ‘interest of public safety’. Shut down orders must necessarily detail the reasons to shut down the internet. The orders must also be sent to a review committee under the state or central government within 24 hours. The committee must then review them within five working days. The rules state that apart from the Chief Secretary and Legal Secretary, the committee can comprise a secretary other than the home secretary.
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