Hello sir, I am a partner in a company in dubai. The company is jointy owned by myself and another fellow indian. In 2011 we decided to seperate and we had an agreement in UAE to that effect. However, later my partner refused to pay my profit share as agreed in the agreement. As a result i had initiated civil suite against the partner and firm for my profit. The dubai supreme court had delivered its final judgement obliging my partner and the company to jointly pay dhs 7,000,000 as profit. Execution was filed in dubai against mg partner and the company, however before the execution could be put into effect my partner absconded to india while doing so he withdrew huge sum of monies from the company account in dubai. The judgements are attested by indian consulate. What are my legal remedies in india, please advise.
1.the judgment passed in civil wrong can not be executed in indian cour.
2.however you can lodge complaint of cheating against him in india.
3.o lodge a complaint u/s 420 IPC in India and pursue the police to arrest him.
4.in such cases getting bail becomes difficult unless money is paid.
5. The judgment passed in civil court is not easily recognized in indian court.
6. if you wish you can file fresh civil suit in India to recover that money.
Thank you sir for your response. In order to file cheàting case do i need to get central government approval as per CrPC 188 as its a dubai matter. Here two things had happened one he absconded from dubai to escape the supreme court judgement and second he had withdrawn huge sum of monies from the company account when fleeing. Also, Apart from criminal case u/s 420 IPC can i not seek to execute foreign decree under section CPC44a as UAE is a receprocating territory.
you should seek to execute foreign degree in India
2) Where a foreign judgment from the superior courts of any reciprocating territory is filed in an Indian court, it can be executed in India as if it had been passed by an Indian court.
3) foreign judgment from a recognised court in a reciprocating territory can be executed immediately under section 44A and Order XXI, Rule 22 of the Civil Procedure Code.
4) to enforce foreign judgment following documents must be enclosed
5)A certified copy of the foreign judgment, duly notarised and apostilled (by the consulate in the foreign country).
Where the foreign judgment is not in English, a copy of an English translation must be provided along with a certified copy of the foreign judgment.
The value of judgment need not be converted to local currency but it would be practical to do so for the purposes of determining the value of the suit.
for a court to take cognizance of the offences committed outside the India as required under Section 188 of Cr.P.C., sanction should have been obtained from the Central Government.
2) sanction is required either to inquire into the offence or to try the offender. The term inquiry is defined in sub-section (g) of Section 2 of Cr.P.C. which reads as follows:-
(g) inquiry means every inquiry, other than a trial, conducted under this Code by a Magistrate or court; It is needless to point out that it is too well settled that trial commences after the framing of charges in a case involving offences exclusively triable by a court of session. In respect of warrant-cases triable by Magistrates, and summons cases by Magistrates, the trial commences, as soon as the accused does not plead the guilty. Therefore, any proceeding conducted by a court, before the trial commences, is an inquiry as defined in sub-section (g) of Section 2 of Cr.P.C. Thus, it is crystal clear that either to commence inquiry or to commence the trial, sanction as per proviso to Section 188 of Cr.P.C. is necessary.
3) in a case instituted on a private complaint since issuance of summons to the accused under Section 204 of Cr.P.C. is preceded by inquiry held by the Magistrate, sanction is required under proviso to Section 188 of Cr.P.C. even to commence such inquiry. If such an inquiry is conducted without there being a sanction from the Central Government, then, the consequential order for issuance of summons to the accused is illegal.
4) obtain central govt approval before filing cheating case against the accused
1.Not now but during the trial of the case.
2. If UAE is a receptor acting country then the decree can be executed n india provided you give list of his immoveable and moveable assets.
The language of Section 188 Cr.P.C. is quite clear that when an offence is committed outside India by a citizen of India, he may be dealt with in respect of such offences as if they had been committed in India. The proviso, however, indicates that such offences could be inquired into or tried only after having obtained the previous sanction of the Central Government. As mentioned hereinbefore, in Ajay Aggarwal's case (supra), it was held that sanction under Section 188 Cr.P.C. is not a condition precedent for taking cognizance of an offence and, if need be, it could be obtained before the trial begins.
Substantive law of extra-territory in respect of criminal offences is provided for by Section 4 of the IPC and the procedure to inquire and try it is contained inSection 188 CrPC. Effect of these sections is that an offence committed by an Indian citizen outside the country is deemed to have been committed in India.
In your case the accused have dishonestly and fraudulently for unlawful gain committed loss to you and misappropriated company's property, money and after playing fraud on the company and left from Dubai.
You have a decree from Dubai court with regard to the payment of dhs 7,000,000 as profit. It can be only used as a piece of evidence. You may file a recovery suit for the payment along with a cheating case
The Indian Code of Civil Procedure, 1908 (CPC) lays down the procedure for enforcement of foreign judgments and decrees in India. The basic principle which is followed while enforcing a foreign judgment or decree in India is to ensure that the judgment or decree is a conclusive one, passed on the merits of the case and by a superior court having competent jurisdiction.
You can file an execution petition before the court in India within his residential/territorial jurisdiction along with the copy of the judgment in your possession as per the procedures laid down.
A foreign judgment or decree should be conclusive as to any matter adjudicated by it. The test for conclusiveness of a foreign judgment or decree is laid down in section 13 of the CPC which states that a foreign judgment shall be conclusive unless:
It has not been pronounced by a court of competent jurisdiction;
It has not been given on the merits of the case;
It appears, on the face of the proceedings, to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;
The proceedings in which the judgment was obtained are opposed to natural justice;
It has been obtained by fraud;
It sustains a claim founded on a breach of any law in force in India.
The criminal cases may not be maintainable in India for the cause of action that arose in a foreign soil or for an event of fraud or criminal offence that has taken in that country.
However you can initiate execution petition to enforce/execute the foreign decree for recovery of money as decreed by the court of that country by following the necessary procedure in that aspect.
By virtue of section 44A of the CPC, a decree of any superior court of a reciprocating territory shall be executed in India as a decree passed by the Indian district court.
A reciprocating territory is defined in Explanation I to section 44A as: "Reciprocating territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section, and "superior courts", with reference to any such territory, means such courts as may be specified in the said notification.
Where a judgment or decree is not of a superior court of a reciprocating territory, a suit has to be filed in a court of competent jurisdiction in India on that foreign judgment or on the original cause of action or both.
In Marine Geotechnics LLC v/s Coastal Marine Construction & Engineering Ltd. 2014 (2) Bom CR 769, the Bombay High Court observed that in case of a decree from a non-reciprocating foreign territory, the decree holder should file, in a domestic Indian court of competent jurisdiction, a suit on that foreign decree or on the original, underlying cause of action, or both.
He cannot simply execute such a foreign decree. He can only execute the resulting domestic decree. To obtain that decree, he must show that the foreign decree, if he sues on it, satisfies the tests of section 13 of the CPC (as discussed above).
A suit on a foreign judgment/decree must be filed within a period of three years from the date of the judgment/decree.