Questions

What does it mean by reciprocating territory?

What does it mean by reciprocating territory?

‘Reciprocating territory’ means any country or territory outside India which the Central Government may by notification declare to be a reciprocating territory for the purposes of Section 44-A. A ‘superior court’ with reference to any such territory would mean such courts as are specified in the said notification.

Why UAE is called reciprocating territory?

Why is the move significant? The decision is believed to help bring 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, a Khaleej Times report said.

What are reciprocating territories of India?

The Government of India has notified various countries as reciprocating territories and has also identified which of their courts are to be considered as superior courts. These include inter alia United Kingdom, Singapore, Bangladesh, Malaysia, New Zealand and Hong Kong.

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What is reciprocating territory Upsc?

“Reciprocating territory” means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory; and “superior Courts”, with reference to any such territory, means such Courts as may be specified in the said notification.”

Is UAE a reciprocating territory?

Apart from UAE, the other countries that have already been declared as “Reciprocating Territories” are the 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 under Section …

Is Dubai a reciprocating territory?

Recently India declared the UAE to be a Reciprocating Territory. The Ministry of Law and Justice issued a Gazette Notification, declaring the United Arab Emirates to be a “reciprocating territory” under Section 44A of the Civil Procedure Code, 1908.

Is USA reciprocating territory?

For the purposes of Section 44A of the CPC, the U.S. has not been notified as a ‘reciprocating country’. Thus, U.S. Judgments cannot be executed directly in India as judgments delivered by Indian courts. Instead, the judgments would be executed as a decree from a non-reciprocating country.

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Is Germany a reciprocating country to India?

The United States of America, United Kingdom, France, Germany, Japan and Singapore are among the countries notified by India. A foreign award is enforceable in India if, it involves a dispute of commercial transaction and there is a valid and written agreement between the parties.

Which country was declared as the reciprocating territory?

What is a reciprocating country?

Reciprocating countries means any country or territory outside India, which the central government may by notification in the official gazette (where UAE has been added vide the Gazette Notification), declare to be a reciprocating country and “Superior Courts” with any such territory means such courts as may be …

Is Canada a reciprocating country to India?

It is further stated that Canada is included in the list of reciprocating territory, as envisaged in Explanation I to Sec. 44A of the Code of Civil Procedure, 1908.

Is Australia a reciprocating country?

On May 21, 2001, the child support reciprocity agreement between Australia and the U.S. became effective and Australia was declared a Foreign Reciprocating Country.

Is the UAE a “reciprocating territory”?

Recently, the Ministry of Law and Justice issued an Extraordinary Gazette Notification, declaring the UAE 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.

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What do you mean by reciprocating territory?

“Reciprocating territory” means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section; and “superior Courts”, with reference to any such territory, means such Courts as may be specified in the said notification.”

Is this the only remaining part of 1999 UAE-India agreement?

The UAE-based Gulf News quoted Pavan Kapoor, the Indian Ambassador to the UAE, as saying that the notification was the only remaining part of a 1999 agreement between the UAE and India related to cooperation in civil and commercial matters.

How to implement reciprocating jurisdiction in India?

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’.