Section 14 of CPC : Section 14: Presumption as to foreign judgments.
CPC
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Explanation using Example
Example 1:
Rajesh, an Indian businessman, was involved in a commercial dispute with a company based in the United States. The U.S. court ruled in favor of the American company and issued a judgment against Rajesh. The American company then sought to enforce this judgment in an Indian court to recover the amount owed by Rajesh.
When the American company presented the certified copy of the U.S. court's judgment to the Indian court, the court presumed that the U.S. court had the proper jurisdiction to issue the judgment. Rajesh, however, argued that the U.S. court did not have jurisdiction over him because he did not have sufficient contacts with the United States.
To challenge the presumption, Rajesh provided evidence showing that he had no business operations, assets, or significant interactions in the United States. Based on this evidence, the Indian court found that the U.S. court lacked jurisdiction and refused to enforce the foreign judgment.
Example 2:
Anita, an Indian resident, was awarded a significant sum of money in a divorce settlement by a court in the United Kingdom. Her ex-husband, who resides in India, refused to comply with the UK court's judgment. Anita decided to enforce the UK judgment in an Indian court to claim her settlement.
Anita presented a certified copy of the UK court's judgment to the Indian court. The Indian court presumed that the UK court had the proper jurisdiction to issue the judgment. Anita's ex-husband contested this by claiming that the UK court did not have jurisdiction over the matter because both parties were Indian citizens and the marriage was solemnized in India.
However, Anita provided evidence that both she and her ex-husband had lived in the UK for several years, and the divorce proceedings were conducted while they were residents there. The Indian court, satisfied with the evidence, upheld the presumption of the UK court's jurisdiction and enforced the foreign judgment in favor of Anita.