Mumbai University Solved Question Papers
Conflict of Laws
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 10
May 2024 - 60/40 Examination
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BLS LLB 5 Years Sem 10 Conflict of Laws May 2024 - 60/40 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by the University of Mumbai at the May 2024 - 60/40 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2024 - 60/40 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2024 - 60/40 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 2 hours · Total marks 60 · 22 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Q.1: Answer any 6 in two sentences
12 Marks
(1)Distinguish a foreign judgment from a regular judgment.[2]
Answer
A foreign judgment is "the judgment of a foreign Court" (Code of Civil Procedure, 1908, section 2(6)). A foreign Court is a court outside India "not established or continued by the authority of the Central Government" (section 2(5)). A regular judgment here means the judgment of an Indian court.
The differences.
| Foreign judgment | Regular (Indian) judgment | |
|---|---|---|
| Court | Outside India | An Indian court |
| Binding force | Conclusive only under section 13, and open to six exceptions | Binds by the Code, subject to appeal and review |
| Res judicata | Narrower: only matters directly adjudicated, by a court competent in an international sense | Section 11, including constructive res judicata |
| Foreign judgment | Regular (Indian) judgment | |
|---|---|---|
| Proof | Certified copy; presumption of jurisdiction (section 14) | Proved as an Indian record |
| Enforcement | Executed only if from a reciprocating territory (section 44A); otherwise a fresh suit on it | Executed directly under the Code |
A case. In R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid, AIR 1963 SC 1, the Supreme Court called section 13 a branch of res judicata for foreign judgments. It required the foreign court to be competent both by its own law and in an international sense.
Conclusion. A foreign judgment comes from a court outside India and binds only on the terms of section 13. An Indian judgment binds, and is executed, directly.
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