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प्रश्न
Principle: Foreign judgment binds the parties and is conclusive unless it is obtained by fraud.
Facts: A obtains a judgment from the US court by producing fake documents.
विकल्प
New Suit can be filed in India on the same facts
Judgment can be enforced in US
Judgment can be enforced in India
A new suit can not be filed in India on the same facts
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उत्तर
New Suit can be filed in India on the same facts
Explanation:
The principle and the fact are clear. The principal says the foreign judgment binds the parties unless they have been obtained by fraud. The fact is that A has received foreign judgment, but fraudulently. Therefore, it is not binding on the parties. So, a new suit can be filed.
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संबंधित प्रश्न
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Which of the following is not an objective of the law of tort?
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal Principle
1. A careless person becomes liable for his negligence when he owed a duty of care to others.
2. Valenti's non-fit injury is a defence to negligence.
Factual Situation
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Which one of the following is correct?
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal principle: The master/principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment.
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Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
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Facts:
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