Report No. 65

7.12. Restrictions on recognition.-

So much as regards the grounds on which recognition would be granted at common law. It is an over-riding requirement of recognising any foreign decree that it was not obtained fraudulently1, or in circumstances which, according to fundamental principles of the English law, amounted to a denial of natural justice, or (according to one view) even substantial justice.

1. Middleton v. Middleton, 1967 Probate 62.

7.13. Indian Law.-

This brief discussion of the English law does not have mere academic interest, because, as we have already stated1, in the absence of specific statutory provisions to the contrary, in general, English rules as to the conflict of law, that is, the rules existing on the subject in the common law, as unmodified by statute, would be of assistance.

1. Chapter 4, supra.