From UPSC perspective, the following things are important :
Prelims level : Reciprocating Territory
Mains level : 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.
What is a ‘Reciprocating Territory’ ?
- 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’.
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.
Under Explanation 1 of S. 44A:
- “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.”
- 44A (1) provides that a decree passed by “a superior Court” in any “reciprocating territory” can be executed in India by filing a certified copy of the decree in a District Court, which will treat the decree as if it has been passed by itself.
- According to Explanation-2, the scope of the Section is restricted to decrees for 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.
Other countries with such status
- Apart from Dubai, 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.
Why such move?
- The notification was the only remaining part of a 1999 agreement between the UAE and India related to cooperation in civil and commercial matters.
- The decision is believed to help bring down the time required for executing decrees between the two countries.
- With this, 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.