If the cause of action, or a part of cause of action has arisen in India, the Indian Court can proceed against non-resident foreigners. Even if cause of action arose outside India but if defendants are residing in India, the Indian Court has jurisdiction to try such cases and pass order.
Can I file a case against a foreigner?
Yes, you can file case against him.
How do I file a case against someone in another country?
So to file against the party you have to either apply to the Country for a Summons to be issued where the contract was deemed to be drafted and agreed, and then apply for an “Extension of Jurisdiction Order to service papers outside your Country, whether that be the actual lender or the place of the Registered Office …
Can a foreigner be sued in India?
Under Civil law foreigners may file a case against anybody in India in a Court of competent jurisdiction with prior permission of the Central Government. Section 83 of the Code of Civil Procedure entails the provision to do so: 83. When aliens may sue.
Can I sue a US citizen in India?
Yes you can, be it usa or any other country you can always file a civil case by virtue of explanation to s. 10 of civil procedure code,1908 which says that nothing precludes Indian courts from instituting a civil suit in an Indian court provided the parties and cause of action are same.
Is suing legal in India?
Civil cases come under the ambit of the Limitation Act, 1963, which has laid down a time frame within which one can file a case. This usually ranges from three months to three years, depending on the case filed. If the plaintiff does so after the prescribed deadline, it becomes ‘time barred’ and is dismissed.
How do I file a case from abroad in India?
You need to file it yourself. POA for filling a criminal case not permissible. Your counsel/Advocate (State lawyer if it’s a State case) will represent you before the criminal court once the case is filed. Your physical presence will be required at some stages not all.
Can one country sue another country?
In the current day, the principle means no country can be sued without its consent in domestic and international courts. … A 19th-century treaty on the global spread of infectious diseases had rules requiring payment of compensation for damage in other countries associated with violations of treaty rules.
Can an individual sue a country?
The simple answer is, one brings a suit against a foreign country the same way she would against any other person or entity – by filing a complaint. … Federal law lays out the general exceptions to the jurisdictional immunity of a foreign sovereign (a.k.a. a foreign state or country) in the United States.
What happens if a foreigner commits a crime in India?
A foreigner who commits an offence within India is guilty and can be punished as such without any limitation as to his corporeal presence in India at the time. Section 2, IPC applies to a foreigner who has committed an offence within India notwithstanding that he was corporeally present outside.
How do I sue someone in India?
File requisite amount of procedure – fee in the court. File 2 copies of plaint for each defendant in the court. Of, the 2 copies for each defendant, one shall be sent by Register/post/courier, and one by Ordinary post. Such filing should be done within 7 days, from date of order/notice.
How do I sue a foreign company in India?
Before filing a suit against a foreign state a party in India must file application before the Central Government under Section 86 of CPC. The permission document from the central government is required to filed as an annexure in the case documets.