Cabinet approves legal & judicial cooperation between India

Seeking to strengthen cooperation in the judicial and legal spheres, the Union Cabinet today approved a pact on legal and judicial cooperation in civil and commercial matters between India and Afghanistan.
The Union Cabinet chaired by Prime Minister Narendra Modi also approved for signing and ratification of a similar agreement with Oman.
"The Cabinet has given its approval for the agreement on legal and judicial cooperation in civil and commercial matters for the service of summons, judicial documents, commissions, execution of judgements and arbitral awards between India and Afghanistan," an official statement said.
The various features of the agreement with Afghanistan include service of judicial orders, summons and other legal and judicial documents or processes and 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.
"The service of summons and other judicial documents shall also not be refused on the ground that the request does not show sufficient grounds supporting merits of the case, unless the requested state considers that compliance with the request would infringe its sovereignty, security or public policy," the statement said.

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 and will remain in force until terminated by either party by giving six months' notice, the statement said while asserting that provisions of the agreement are in conformity with the provisions of the Code of Civil Procedure, 1908 and the Arbitration and Cancellation Act, 1996.
The agreement with Oman also has similar features including service of judicial orders, summons, legal and judicial documents or processes, taking of evidence through request and others.