As per the above sections, the legal position is that: A foreigner can sue an Indian in India before a competent court. A foreign company can sue an Indian company in India before a competent court. An alien enemy can defend a suit.
Can a foreigner file case in India?
Generally in India, the sovereignty of the foreign state or entity is recognized under Section 86 of the Civil Procedure Code. The Section 86 of the Civil Procedure Code has prescribed exceptions, immunity and conditions to foreign nationals or entities under which they can be sued.
Can a foreigner be sued in India?
Aliens—(1) Alien friends may sue in any Court of competent jurisdiction as if they were citizens of India. Alien enemies can also sue in the like manner but with the permission of the Central Government: provided they are residing in India.
Can I file a case from USA to 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.
Can a foreigner be sued?
Over the years, the right of a non-citizen to file a lawsuit has been expanded to include lawsuits filed in state courts. However, in state court lawsuits where diversity of citizenship is an issue, either party may ask that the case be removed (“transferred”) to a federal court for trial.
Can I file a case against a foreigner?
Yes, you can file case against him. There must have been some agreement or partnership deed before starting business and see the same that there exist an arbitration clause or not. If yes, invoke the same and if not then file suit.
Which right is not given to foreigners?
Fundamental Rights available to only citizens and not foreigners. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15). Equality of opportunity in matters of public employment (Article 16).
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. … Being a foreign national does not imply that the foreigner will not be liable for criminal acts in the country.
Can a foreigner file a writ petition in India?
V/s Union of India, the Hon’ble High Court of Calcutta while examining the maintainability of writ filed under Article 226 by a foreign company observed that, “On the point that a foreigner or a foreign company is not entitled to maintain a writ petition, there is no specific bar in the Constitution that prevents a …
How do I file a case against someone in India?
One can file a police complaint in the nearest police station in whose jurisdiction the crime was committed. However, in case of an urgency, for a serious offence (cognizable offence), a police complaint can be filed in any police station. The Police Officer will have to register Zero FIR immediately.
What is fir called in USA?
You should file and request a copy of a local police report, called a First Information Report (FIR), as soon as possible. You should request the FIR from the police station closest to the scene of the crime.
How do I file a case against an NRI?
If your NRI husband has abandoned you in India, you can immediately file a complaint/ FIR under 498A IPC on grounds of cruelty with the police in the local police station in the area where you were abandoned.
How can I file FIR in India from USA?
Step 1: Visit the Delhi Police Official Website. Step 2: Select ‘Services’ may option will scroll down. Step 3: Choose the option complaints if you want to file a police complaint online, from the online service box. Step 4: File FIR/complaint accordingly.