Serving Process / Summons / Subpoena
in India
Applicable law in India
The Indian Code of Civil Procedure, Act of 1908 (CPC).
India is now a signatory to the Hague Convention on the Service Abroad of
Judicial and Extra-Judicial documents in Civil and Commercial Matters. India
acceded to the Hague Service Convention in late 2006 and the treaty is
enforced in India from August 1, 2007.
Formal Process Service in India:
India is now a signatory to the Hague Convention on
the Service Abroad of Judicial and Extra-Judicial documents in Civil and
Commercial Matters. Therefore, the formal method for service in
India with effect from August 1, 2007 is pursuant to the Hague Convention
and declaration or special conditions mentioned by India in while signing
the Hague Convention.
All the requirements and procedures of the Hague Convention must be met
while serving the documents, complaints, summons / subpoena in all Civil matters,
including Matrimonial, Divorce, Custody, family law and others; Commercial &
Corporate Matters.
In addition, all the requirements of the declarations to the Hague Service Convention made by India should be
followed which include the following conditions:
-
Documents for service must be written in the English language. This is a
good news for USA litigants who do not have to bear the costs of
translation.
-
Documents can not be served via mail.
-
Documents can not be served in India directly by a party but via proper authority
and proper procedure.
-
Documents under the Hague Convention can not be served directly to the defendants in India.
Advantage: Enforceable judgment in the country
where documents served.
Disadvantage: Completion of the service usually takes longer.
Where used: Civil matters, including
Matrimonial, Divorce, Custody, family law and others; Commercial & Corporate Matters.
In an nutshell, for a case filed in a court
in the United States of America, the service in India under the Hague
Convention is generally required. Specially, if the judgment given by a
court in the USA (or any other foreign country which is signatory to the
Hague Convention), is to be enforced in India, then service under the
Hague Convention is required. However, since the service under the Hague
Convention takes a longer time, some people prefer to do both, Personal
Service along with the Service under the Hague Convention.
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here to Contact us for Process Service in India under the Hague Convention
Personal Process Service in India:
Private process servers may serve documents in most countries, whether a
signatory to the Hague Service Convention, or not. Typical service takes
less than one month, which is shorter than service under the Hague
Convention. Service of process via this
methods generally meets the USA federal or state rules only. Service is
normally handled in a manner similar to methods used in the United States,
although completion of the service usually takes slightly longer than the
United States. This method of service is not provided for by the laws
of India and may not result in an enforceable judgment in India.
Advantage: No delays: completion of the service
is faster; Lesser costs; Enforceable judgment in the home country.
Disadvantage: Judgment may not be enforceable in India, depending upon the
matter.
In an nutshell, for a case filed in a court
in the United States of America, the service in India under the Hague
Convention is generally required. Specially, if the judgment given by a
court in the USA (or any other foreign country which is signatory to the
Hague Convention), is to be enforced in India, then service under the
Hague Convention is required. However, since the service under the Hague
Convention takes a longer time, some people prefer to do both, Personal
Service along with the Service under the Hague Convention.
Click
here to Contact us for Personal Service in India
See also FAQ on
Process Serving in India
States of India: Andhra
Pradesh • Arunachal Pradesh • Assam • Bihar • Chhattisgarh • Goa
• Gujarat • Haryana • Himachal Pradesh • Jammu and Kashmir •
Jharkhand • Karnataka • Kerala • Madhya Pradesh • Maharashtra •
Manipur • Meghalaya • Mizoram • Nagaland • Orissa • Punjab •
Rajasthan • Sikkim • Tamil Nadu • Tripura • Uttaranchal • Uttar
Pradesh • West Bengal
Union territories in India: Andaman and Nicobar Islands •
Chandigarh • Dadra and Nagar Haveli • National Capital Territory
of Delhi • Daman and Diu • Lakshadweep • Pondicherry
Major Cities of
India:
Agra Ahmedabad Ajmer Allahabad
Amritsar
Aurangabad Bangalore Bharatpur Bhopal Bikaner Calicut
Chandigarh Chennai Cochin Coimbatore Darjeeling Dehradun
Dharamsala Gurgaon Gwalior Haridwar Hoshiarpur Hyderabad
Indore Jaipur Jaisalmer Jalandhar Jodhpur Kanchipuram Kaporthala
Kodaikanal Kolkata Ladakh Lucknow Ludhiana Madurai Manali
Mumbai Munnar Mysore Nainital Ooty Patiala Pune Pushkar
Shimla Trivandrum Udaipur Varanasi
Click
here to Contact us for Process Service in India
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