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- Researchers from the western Maharashtra region have recently identified a new species of frog, named Minervarya ghatiborealis.
- About Minervarya ghatiborealis:
- This newly discovered, endemic frog species was found in the hill station of Mahabaleshwar, located in the north-western Ghats of the Sahyadri mountain range in Maharashtra.
- The name of the species is derived from the Sanskrit word ‘Ghati’, meaning western, and the Latin term ‘Borealis’, which refers to the northern region, thus translating to ‘from the north-western Ghats’.
- It has been classified under the genus Minervarya, commonly referred to as the ‘Cricket frog’.
- Frogs within the Minervarya genus are known for the characteristic parallel lines on their abdomens.
- These frogs are typically found nesting near standing water or small springs, and they produce sounds resembling those of nightingales.
- The vocalizations made by male frogs during breeding are distinct from those of other species within the same genus.
- The U.S. Securities and Exchange Commission (SEC) recently requested assistance from India’s Union Law Ministry, the designated central authority under the Hague Service Convention, to serve a summons on Gautam Adani and his associates.
- About the Hague Service Convention:
- The Hague Service Convention, formally titled the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 1965, was adopted at the Hague Conference on Private International Law in 1965.
- This multilateral treaty builds upon the 1905 and 1954 Hague Conventions on Civil Procedure and ensures that defendants in foreign jurisdictions are notified of legal proceedings in a timely and verifiable manner.
- The Convention has been ratified by 84 states, including both India and the U.S.
- Its provisions apply only when both the sending and receiving countries are parties to the treaty. Each signatory state is required to designate a central authority to process requests and facilitate the service of documents from other signatory states.
- Signatory countries have the option to select the specific methods of transmission they will use within their jurisdiction.
- The primary mode of service under the Convention is through the designated central authorities, although other channels are also available, such as postal services, diplomatic or consular channels, direct communication between judicial officers, or direct contact between judicial authorities in the requesting and receiving states.
- How is service effectuated on defendants in India?
- India became a signatory to the Hague Service Convention on November 23, 2006, with certain reservations, including opposition to alternative service methods outlined in Article 10.
- The service of judicial documents through diplomatic or consular channels is prohibited in India, unless the recipient is a national of the requesting country. Additionally, service requests must be submitted in English or with an English translation.
- As a result, valid service in India can only be carried out through the Ministry of Law and Justice, the country’s designated central authority.
- The Ministry has the authority to reject a service request but must provide reasons for the refusal.
- For example, under Article 13, a service request can be denied if the state believes it would compromise its sovereignty or security. However, a service request cannot be refused solely because the state claims exclusive jurisdiction over the subject matter under its domestic law. Similarly, under Article 29, a request cannot be denied because the state’s domestic law does not recognize the right of action.
- Once the central authority approves the request, the service is carried out and treated as a summons issued by an Indian court under Section 29(c) of the Code of Civil Procedure, 1908. After service is completed, the central authority sends an acknowledgment to the requesting party. The entire process typically takes between six to eight months.
- Can a default verdict be rendered?
- Under the Convention, a default judgment may be issued if a foreign government fails to cooperate in serving summons on a defendant within its jurisdiction. However, Article 15 outlines specific conditions for rendering such a judgment:
- The document must have been transmitted using one of the methods specified in the Convention;
- At least six months must have passed since the transmission, with the court determining this timeframe to be reasonable in the given case; and
- No certificate of service has been received despite all efforts to obtain it through the competent authorities of the recipient state.
- It is important to note that India has expressly stated that its courts may issue a default judgment in cross-border disputes, even in the absence of a certificate of service, as long as all conditions under Article 15 are satisfied.
- Under the Convention, a default judgment may be issued if a foreign government fails to cooperate in serving summons on a defendant within its jurisdiction. However, Article 15 outlines specific conditions for rendering such a judgment:
- A recent three-day off-season faunal survey conducted in the Idukki Wildlife Sanctuary has resulted in the discovery of 14 new bird species, 15 butterfly species, and 8 species of odonates within the sanctuary.
- About Idukki Wildlife Sanctuary (IWL):
- The Idukki Wildlife Sanctuary, established in 1976, is situated in the Thodupuzha and Udumbanchola taluks of Idukki District in Kerala.
- The sanctuary spans an area of 77 square kilometers, encompassing forests surrounding the Idukki Arch Dam.
- Terrain: The sanctuary's terrain is characterized by steep mountains, valleys, and hills.
- Altitude: It ranges in altitude from 450 meters to 1272 meters, with the highest peak being Vanjur Medu at 1272 meters.
- Drainage: Major rivers flowing through the sanctuary include the Periyar and Cheruthoniar. The sanctuary also contains a 33-square-kilometer waterbody in the Idukki reservoir.
- Rainfall: The sanctuary receives an average annual rainfall of 3800 mm.
- Vegetation: The sanctuary features various types of vegetation, including West Coast Tropical Evergreen forests, Semi Evergreen forests, Moist Deciduous forests, Hill Shoals, and Grasslands.
- Flora: The forests are predominantly made up of teak, rosewood, jackfruit, ebony, cinnamon, and various bamboo species.
- Fauna:
- Idukki Wildlife Sanctuary is home to a diverse range of wildlife, including elephants, bison, sambar deer, wild dogs, jungle cats, tigers, wild boars, and a variety of snake species such as cobras, vipers, and kraits.
- It also harbors numerous bird species, such as jungle fowl, myna, laughing thrush, black bulbul, peafowl, woodpeckers, and kingfishers.
- The sanctuary is particularly significant for being a habitat for the endangered Nilgiri Tahr.