نصوص ومواد اعلان دولة الامارات العربية المتحدة كاقليم تبادلي للهند
Declaring the UAE as a Reciprocating Territory of India
As the bilateral relations between India and the United Arab Emirates have witnessed a rapid growth in the recent past, and to further augment their strategic partnership, the Central Government of India has on January 17, 2020, declared the UAE to be a reciprocating territory for the purposes of Section 44A of the Code of Civil Procedure, 1908 (CPC).
On 17th January 2020, the Indian Ministry of Law and Justice (Department of Legal Affairs) announced that in exercise of the powers conferred by Explanation 1 to section 44A of the Code of Civil Procedure, 1908 (5 of 1908), the Central Government hereby declares the United Arab Emirates to be a reciprocating territory for the purposes of the said section and the following courts in the United Arab Emirates to be superior courts of that territory, namely:
(1) Federal Court:
(a) Federal Supreme Court;
(b) Federal, First Instance and Appeals Courts in the Emirates of Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah;
(2) Local Courts:
(a) Abu Dhabi Judicial Department;
(b) Dubai Courts;
(c) Ras Al Khaimah Judicial Department;
(d) Courts of Abu Dhabi Global Markets;
(e) Courts of Dubai International Financial Center.
The Indian Civil Procedure Code explains execution in the civil decree and Section 44A about the execution of decrees passed by the courts in reciprocating territory Section 44A. Execution of decrees passed by the courts in the reciprocating territory:
(1) Where a certified copy of the decree of any of the superior courts of any reciprocating territory has been filed in a district court, the decree may be executed in India as if it had been passed by the district court.
(2) Together with the certified copy of the decree shall be filed a certificate from such superior court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.
(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a district court executing a decree under this section, and the district court shall refuse execution of any such decree if it is shown to the satisfaction of the court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13.
Explanation 1: “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.
Explanation 2: “Decree” with reference to a superior court means any decree or judgment of such court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect to a fine or other penalties, but shall in no case include an arbitration award, even if such an award is enforceable as a decree or judgment.
As mentioned in section 44A (3) that the district court shall refuse the execution of any such decree, if it is shown to the satisfaction of the court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13 of the CPC as under:
When a foreign judgment is not conclusive
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim to litigate under the same title except:
(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in India.
Section 14 Presumption as to foreign judgments: The court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment that such judgment was pronounced by a court of competent jurisdiction unless the contrary appears on the record, but such presumption may be displaced by proving want of jurisdiction.
Written by:
Imran Khan | Bin Eid Advocates & Legal Consultants
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