All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

The correct option is B: A court situated outside India the authority of Government of India.

This is because the term "foreign court" is defined by Section 2(5) of the Code of Civil Procedure, 1908 (CPC) as follows:

"2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(5) “foreign Court” means a Court situate outside India and not established or continued by the authority of the Central Government;"

This definition implies that a foreign court is a court that is located outside the territory of India and is not under the control or supervision of the Central Government of India. Such a court may be established or continued by the authority of a foreign government or any other entity. A foreign court may apply its own laws or the laws of another country, depending on the case and the jurisdiction.

Option A is incorrect as it does not mention the authority of the Government of India, which is an essential part of the definition.

Option C is incorrect as it contradicts the definition, which requires a foreign court to be situated outside India.

Option D is incorrect as it combines all the incorrect options.