Judgment Against Property For Nri In India In Illinois
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(a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the circuit clerk an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
Enforcement of a Foreign Judgment in the U.S. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.
In many foreign countries, as in most jurisdictions in the United States, the recognition and enforcement of foreign judgments is governed by local domestic law and the principles of comity, reciprocity and res judicata (that is, that the issues in question have been decided already).
For a foreign award to be enforced in India, it is necessary that the judgement, decree or award is “Conclusive” i.e it is passed by examining the merits of the case by a superior court having competent jurisdiction and must satisfy the conditions of section 13 of the CPC to be enforceable in India.
For enforcement of a foreign award, an application is required to be made to the Court under section 47 of the Act accompanied by the original copy of the award, the original arbitration agreement or its duly certified copy, and such evidence as may be necessary to prove that the award is a foreign award.
The Code of Civil Procedure, 1908 governs the execution of foreign decrees in India. A foreign decree from the superior court of any reciprocating territory can be executed in an Indian court, as if, the foreign decree had been passed by an Indian court.
A court judgment must be recorded with the Recorder of Deeds in the county where the property is located in Illinois before it can be enforced. Even if the property is situated in the same county as the judgment, the creditor must record the judgment.
The decree holder must file an application for execution of the foreign judgment or decree in the competent Indian court. A certified copy of the decree and a certificate from the superior court of the foreign country stating the amount, if any that has been satisfied under the decree must also be submitted.
The Code of Civil Procedure, 1908 governs the execution of foreign decrees in India. A foreign decree from the superior court of any reciprocating territory can be executed in an Indian court, as if, the foreign decree had been passed by an Indian court.
The scope of Judicial Review in India is narrower than that in the USA. This is because the American Constitution provides for 'Due Process of Law', whereas the Indian Constitution provides for 'Procedure Established by Law'.
