22nd January – Reciprocating Territory

Recently, the Ministry of Law and Justice issued an Extraordinary Gazette Notification, declaring the United Arab Emirates to be a “reciprocating territory” under Section 44A of the Civil Procedure Code, 1908. The notification also declared a list of courts in the UAE to be “superior Courts” under the same section.

What is a ‘reciprocating territory’ and what are superior courts?

Essentially, orders passed by certain designated courts from a ‘reciprocating territory’ can be implemented in India, by filing a copy of the decree concerned in a District Court here.The courts so designated are called ‘superior Courts’.

Which other countries are ‘reciprocating territory’?

Apart from UAE, the other countries declared to be “reciprocating territories” are: United Kingdom, Singapore, Bangladesh, Malaysia, Trinidad & Tobago, New Zealand, the Cook Islands (including Niue) and the Trust Territories of Western Samoa, Hong Kong, Papua New Guinea, Fiji, Aden.

What does Section 44 of the CPC say?

Section 44A, titled “Execution of decrees passed by Courts in reciprocating territory”, provides the law on the subject of execution of decrees of Courts in India by foreign Courts and vice versa.

Significance –

  • The decision is believed to help bring down the time required for executing decrees between the two countries.
  • The notification was the only remaining part of a 1999 agreement between the UAE and India related to cooperation in civil and commercial matters.
  • 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.

SourceThe Indian Express

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