Decrees passed the below-mentioned courts in the UAE will now be allowed to be executed in India.<\/p>\n
Central Government in the exercise of the powers conferred by Explanation 1 to Section 44-A of Code of Civil Procedure, 1908 declares, the United Arab Emirates<\/strong> 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:-<\/p>\n (1) Federal Court-<\/strong><\/p>\n (a) Federal Supreme Court; (2) Local Courts-<\/strong><\/p>\n (a) Abu Dhabi Judicial Department; What does Section 44-A talk about?<\/strong><\/p>\n Execution<\/span>\u00a0of<\/span>\u00a0decrees<\/span>\u00a0passed<\/span>\u00a0by<\/span>\u00a0Courts<\/span>\u00a0in<\/span>\u00a0reciprocating<\/span>\u00a0territory<\/span><\/b>.\u2014<\/span> (1) Where\u00a0a<\/span>\u00a0certified copy\u00a0of<\/span>\u00a0a<\/span>\u00a0decree\u00a0of<\/span>\u00a0any\u00a0of<\/span>\u00a0the superior\u00a0courts<\/span>\u00a0of<\/span> any\u00a0reciprocating<\/span>\u00a0territory<\/span>\u00a0has been filed\u00a0in<\/span>\u00a0a<\/span>\u00a0District Court, the decree may be executed\u00a0in<\/span>\u00a0[India] as if it had been\u00a0passed<\/span>\u00a0by<\/span>\u00a0the District Court.<\/p>\n (2<\/i>) Together with the certified copy\u00a0of<\/span>\u00a0the decree shall be filed\u00a0a<\/span>\u00a0certificate 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\u00a0of<\/span>\u00a0proceedings under this\u00a0section<\/span>, be conclusive proof\u00a0of<\/span>\u00a0the extent\u00a0of<\/span>\u00a0such satisfaction or adjustment.<\/p>\n (3<\/i>) The provisions\u00a0of<\/span>\u00a0Section<\/span>\u00a047 shall as from the filing\u00a0of<\/span>\u00a0the certified copy\u00a0of<\/span>\u00a0the decree apply to the proceedings\u00a0of<\/span>\u00a0a<\/span>\u00a0District Court executing\u00a0a<\/span>\u00a0decree under this\u00a0section<\/span>, and the District Court shall refuse\u00a0execution<\/span>\u00a0of<\/span>\u00a0any such decree, if it is shown to the satisfaction\u00a0of<\/span>\u00a0the court that the decree falls within any\u00a0of<\/span>\u00a0the exceptions specified\u00a0in<\/span>\u00a0clauses (a<\/span><\/i>) to (f<\/i>)\u00a0of<\/span>\u00a0Section<\/span>\u00a013.<\/p>\n Explanation 1 of Section 44-A<\/strong><\/span><\/p>\n “Reciprocating<\/span>\u00a0territory<\/span>\u201d<\/strong> means any country or\u00a0territory<\/span> outside India which the Central Government may, by<\/span>\u00a0notification\u00a0in<\/span>\u00a0the Official Gazette, declare to be\u00a0a<\/span>\u00a0reciprocating<\/span>\u00a0territory<\/span>\u00a0for the purposes\u00a0of<\/span>\u00a0this\u00a0section<\/span>; and \u201csuperior\u00a0courts<\/span>\u201d, with reference to any such\u00a0territory<\/span>, means such\u00a0Courts<\/span>\u00a0as may be specified\u00a0in<\/span>\u00a0the said notification.<\/p>\n Ministry of Law and Justice<\/strong><\/p>\n [Notification dt. 17-01-2020]<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" Decrees passed the below-mentioned courts in the UAE will now be allowed to be executed in India. Central Government in the exercise <\/p>\n","protected":false},"author":8808,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[4,1193],"tags":[39337,39336,39335],"class_list":["post-224538","post","type-post","status-publish","format-standard","hentry","category-legislationupdates","category-notifications","tag-explanation-1-to-section-44-a-of-code-of-civil-procedure","tag-reciprocating-territory","tag-united-arab-emirates"],"yoast_head":"\n
\n(b) Federal, First Instance and Appeals Courts in the Emirates of Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah;<\/p>\n
\n(b) Dubai Courts;
\n(c) Ras Al Khaimah Judicial Department;
\n(d) Courts of Abu Dhabi Global Markets;
\n(e) Courts of Dubai International Financial Center.<\/p>\n
\n
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