Eight Wonders of SCO
Reciprocity to UAE
News Excerpt
Ministry of Law and Justice has declared UAE to be a “reciprocating territory” under Section 44A of the Civil Procedure Code, 1908.
Pre-Connect
• The agreement was the only remaining part of a 1999 agreement between the UAE and India related to cooperation in civil and commercial matters
• Reciprocating territories status makes decree passed by the court of those countries applicable in India, by filing a copy of the decree concerned in a District Court in India.
• The scope of the Section is restricted to decrees for the payment of money, not being sums payable “in respect of taxes or other charges of a like nature or in respect of a fine or other penalty”.
• It also cannot be based on an arbitration award, even if such an award is enforceable as a decree or judgment.
• The courts whose decrees are accepted are termed as ‘superior Courts’.
• India had earlier declared ‘reciprocating territory’ to the following countries:
o United Kingdom
o Singapore
o Bangladesh
o Malaysia
o Trinidad & Tobago
o New Zealand
o The Cook Islands (including Niue)
o The Trust Territories of Western Samoa
o Hong Kong
o Papua New Guinea
o Fiji
Significance
It will help in bringing down the time required for executing decrees between the two countries.
Indian expatriates in the UAE would no longer be able to seek safe haven in their home country if they are convicted in a civil case in the UAE thereby providing justice.