...long line of decisions in England which have adopted the same principle. Halsbury's Law of England, Vol. 8(3) summarises them in paragraph 28 as follows:“(4) PROOF OF FOREIGN ...28. Need for proof. Generally, foreign law is a question of fact which must be specifically pleaded by the party relying upon it, and must be proved to the court. In the absence of satisfact...court will apply English law. Thus the onus of proof of foreign law lies on the party relying on it.”26. I will refer to only one of the judgments discussed in Halsbury. Th...

..., such an argument is no longer open to counsel for the revenue. Proof of foreign law is a pure question of fact and the department never raised any objection to the correctness of these provision...purpose and the amount of depreciation in which is included in the loss or necessary expenditures in the computation of income as provided for in the corporation tax law or the income tax law...wanted to argue before us that the Tribunal should not have accepted the correctness of the provisions of the Japanese statute as these were not proved before the Tribunal according to law. In our opinion...

...English laws, it was held that the dispute has to be settled by the English courts. It was further observed that as per the settled principles of law a foreign law ought to be pleaded like any other fact and must b...was also referred to which is reproduced as below:“75.237 Need for proof; Foreign law is a question of fact. It must be specifically pleaded by the party or parties relying upon it. It...must be proved to the satisfaction of the court like other plea set up by the concerned party or parties. Thus, the onus of proof of foreign law lies on the party relying on it.75.2...

...Partial Award. Mr. Gaya then without prejudice to his contention that the merits of the Partial Award could not be gone into much less, reviewed by this Court, submitted that proof of foreign law was a... Page 15 of 28 error of fact cannot be reviewed by this Court. In support of his contention that proof of ...)27of the Arbitration Act. However, after having heard Learned Counsel at 26 48. Conditions for enforcement of foreign awards.— (1) ...

...Act permit proof being tendered and opinion of experts being adduced in evidence in proof of a point of foreign law. Under Order 6 Rule 2 of the Code of Civil Procedure,...proved before it in another case. The court must act upon the evidence before it in that actual case. The statement of law by Halsbury in Laws of England (3rd Edn., Vol. 15, para 610 at p. 335) is that the English courts ca...material facts which may warrant any enquiry into those allegations.27. Italian law is a foreign law so far as the courts in India are concerned. Under Section 57(1) of...

...law is a foreign law so far as the courts in India are concerned. Under Section 57(1) of the Indian Evidence Act, 1872, the court shall take judicial notice of, inter alia, all laws...adduced in evidence in proof of point of foreign law. Under Order 6 Rule 2 of the Code of Civil Procedure, 1908, every pleading shall contain a statement in concis...Edn., Vol. 15, para 610 at p. 335) is that the English courts cannot take judicial notice of foreign law and foreign laws are usually matters of evidence requiring proof as...

...jurisdiction. There is no difficulty as regards proof of foreign law. Under our law there is no difference between movable and immovable property. Under...happens on intestacy. I presume that, in the case of a Hindu will, the heirs would be entitled, and I presume also that, under our system of law, where there is an executor, he takes, in the first...instance, for all, that is, not only for those claiming under the will but those who claim under the resulting trust. That is more a matter of procedure than of law.Further, I do not think it...

...judicial notice of foreign law which requires proof like any other question of fact and “if the foreign law is contained in a code or written form, the question is not as to the language ...the law and practice relating to the proof of foreign law. It is not sufficient to prove a foreign statute or code by a translation, and then leave the court to place its own construction on it. T...code must be interpreted by an expert in the foreign law.”6. In the same judgment Atkin L.J further said:“It is, of course, true that when he vouches a statute to support...

...the Supreme Court. While under s. 78(6) of the Indian Evidence Act, proof of the character of the document according to the law of the foreign country, is c...notary public, or of an Indian Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according...is that under s. 78(6) of the Evidence Act three conditions must be complied with before the judgment can be admitted in evidence and the third condition, namely, proof of character of the document according to the...

...foreign law ought to be pleaded like any other fact and must be proved by the evidence of experts in that law being matters of evidence requiring proof as questions of fact, if a party wa...same. Reliance is also placed on the Halsbury's Laws of India, 10th Edition which reads thus:—“75.237 - Need for proof; Foreign law is a question of fact. It must be specifically...pleaded by the party or parties relying upon it. It must be proved to the satisfaction of the court like other plea set up by the concerned party or parties. Thus, the onus of proof of foreign law...

...relevant. Section 45 of the said Act further provides that when the court has to form an opinion upon a point of foreign law, the opinion upon such point of persons specially skilled in such ...provides that a mistake as to foreign law has the same effect as a mistake of fact. This section by itself does not make foreign law a question of fact. It merely makes a mistake as to ...an opinion on foreign law, a statement of such law contained in law books published under the authority of that country or report of a ruling of the courts of such count...

...non proof of loss. In fact the concept of proof of loss is foreign to this branch of law.5. Con sequently I accept the appeal and reverse the judgment of .... It is not a commercial transaction where the proof must be of losses incurred by a party who conies to the court or it can be equated or treated analogus to the law of torts.4. In view...permissible for the court to insist on proof of losses which are required to the proving cases of contracts or in cases of torts.3. It may be mentioned that this branch of legislation for...

...facie view. It was further held that proof of foreign law which may be applicable to an arbitration agreement, would have to be rendered on the lines of proving the facts in a trial. It was further held...., AIR 2005 Delhi 173. The applicability of a foreign law is a question of fact which has to be proved in the course of trial. A pur...Domestic Arbitration, International Commercial Arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental...

... meaning. Such an ascertainment of the meaning would always remain a question of law. …" (emphasis supplied) 12. The Judgment ...raise an issue as to the proper scope of expert evidence on a point of foreign law. This issue arises in the following circumstances: (a) The Plaintiffs are seeking to.... 3 3. It is the Plaintiffs' case: (a) That an expert on a point of foreign law must confine his evidence to w...

...exclusion of their sister.I come now to the Porebunder evidence.In dealing with that evidence I do not treat the decisions of the Porebunder Courts as proof of foreign ...of the application of Mahomedan law among Memons settled at Porebunder. It is natural that there should be frequent proof of such cases occurring in recent years and but few witnesses as to cases more...have to find whether there is any law in Porebunder (which for the purpose of this case may be considered as a foreign country) governing the succession to estates of Halai Memons, and, if there is...

...certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country. That the judgment is a publ...Public or an Indian Consul or diplomatic agent certifying that the copy is certified by the officer having the legal custody of the original and (iii) proof of character of the document according to the ...certificates viz., one by the legal keeper of the original document and the other by the Indian Consul or diplomatic agent shall also be proved the character of the document according to the law of the ...

.... (6) In this Rule and Rule 24, "rule of evidence" includes any rule of law relating to privilege or the taking of evidence." ...terms of Order 110 Rule 25 of the Rules, there is a prescription of conditions that need to be satisfied before the formal proof of foreign law can be waived by the SICC. In any case, thi... proof of proper service of summons on them. Procedural law cannot triumph substantive rights. In R. Viswanathan (supra), the Supreme Court ex...

...admit the effect and proof of foreign law. Lord Langdale ex- pressly lays it down, that it is a rule of English law, that no knowledge of foreign ...question of foreign law, without evidence of such law, and rejected an allegation, which expressly pleaded the law applicable to the case, and which could...foreign law without evidence. is not the mode of srttisfying an English Court of the validity of foreign pra- cedure.-[Mr. P e m ~ ~ e r t o ~ i Leigh : I...

...proof being rendered and opinion of experts being adduced in evidence as proof of the foreign law. However, for this, in terms of Order VI Rule 2 of the CPC, pleadings must conta...and 84 of the Evidence Act permit proof being tendered and opinion of experts being adduced in evidence in proof of a point of foreign law. Under Order 6 Rule 2 of the C..., even though the foreign law has already been proved before it in another case. The court must act upon the evidence before it in that actual case. The statement of law by Halsbury in Laws of England (3rd...