The Union Cabinet on 26 August 2015 approved signing of the agreement between India and Afghanistan on legal and judicial cooperation in civil and commercial matters for the service of summons, judicial documents, commissions, execution of judgements and arbitral awards.
Highlights of the Agreement
• Service of judicial orders, summons and other legal and judicial documents or processes.
• Taking of evidence through request.
• Execution of judgments, settlements and arbitral awards.
• The agreement also applies to any request for reciprocal legal assistance relating to civil and commercial matters submitted before or after its entry into force.
• It states that service of summons and other judicial documents shall not be refused on the ground that the request does not show sufficient grounds supporting merits of the case.
• The agreement also deals with taking of evidence by Diplomatic and Consular representatives from nationals of the country they represent, without compulsion, in order to help in completion of judicial proceedings commenced in the courts of the country they represent.
The agreement will come into force on the 30th day after the exchange of instrument of Ratification. It shall remain in force until terminated by either party by giving six months notice. The provisions of the agreement are in conformity with the provisions of the Code of Civil Procedure, 1908 and the Arbitration and Cancellation Act, 1996.
This agreement will be beneficial for the citizens of both countries. It will also fulfill the desire of both countries to strengthen the bonds of friendship and fruitful cooperation in the judicial and legal spheres, which is the spirit, essence and language of the preamble of the agreement.
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When: 26 August 2015