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Conviction Of Indian By Foreign Court Can Be Taken Note Of, But Won’t Be Binding On Courts In India

In Prabodh K. Mehta V/s Charuben K. Mehta, the Bombay High Court ruled that while a judgment and order of conviction of a foreign Court against an Indian citizen can be looked into by authorities and Courts in India, such judgment would not be ipso facto binding on such authorities.

The Court held that If we hold that such a judgment of a foreign Court for an offence committed in that country, is binding on the Courts and authorities in India while exercising their judicial and quasi-judicial powers, it will amount to directly or indirectly enforcing the judgment of the foreign Court. What is the effect of such order of conviction, would depend upon variety of factors such as, nature of the proceedings, purpose for which the said order of conviction needs to be taken into consideration, nature of conviction and effect thereof on the proceedings, nature of consequences of the ultimate decision to be taken in the said proceedings, are some of the factors which will have to be taken into consideration while deciding as to how much and what weightage has to be given to such judgment and order of conviction.

Article referred: http://www.livelaw.in/conviction-indian-foreign-court-can-taken-note-wont-binding-courts-india-bombay-hc/

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