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. - Legal Reasoning

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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. 

Options

  • 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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Solution

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.   

Concept: Law of Torts (Entrance Exams)
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2018-2019 (May) Set 1
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