Answer ... A foreign judgment must not be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under which they or any of them claim litigation under the same title, except where the judgment:
- has not been passed by a court of competent jurisdiction;
- has not been passed on the merits of the case;
- is founded on an incorrect view of international law;
- has been obtained by fraud; or
- upholds a claim in violation of any law in force in Bangladesh.
Thus, foreign judgments other than the categories mentioned above (as per Section 13, Clauses (a) to (f) of the Code of Civil Procedure) can be recognised and enforced in Bangladesh.
Answer ... Under Section 2(2) of the Code of Civil Procedure, ‘decree’ means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. A decree may be either preliminary or final. A ‘foreign judgment’ is defined under Section 2(6) as a judgment of a foreign court. ‘Judgment’ as per Section 2(9) of the code is the statement provided by the judge on the grounds of a decree or order. ‘Order’ is defined under Section 2(14) of the code as a formal expression of any decision of the Civil Court, which is not a ‘decree’. Thus, a judgment passed by a foreign court should be conclusive and should be passed on the merits.
Answer ... It seems, from a plain reading of the relevant sections of the Code of Civil Procedure, that there is nothing in the code which bars enforcement of a foreign judgment if it is subject to appeal in that jurisdiction. There seems to be no requirement that the judgment have been passed by a court of final instance, although there remains the likelihood of such judgment being subsequently challenged or even overturned, thereby having an impact on the outcome of the enforcement proceedings in Bangladesh. If no appeal is filed against the judgment and decree of the court of first instance, it will be assumed to be final adjudication.
Answer ... Pursuant to Article 117 of the Schedule to the Limitation Act 1908, the period of limitation for filing suit upon a foreign judgment as defined in the code is six years from the date of the judgment.