General

Does Indian law apply to foreigners?

Does Indian law apply to foreigners?

Provisions. The Act defines a foreigner as “a person who is not a citizen of India”. The Foreigners Act empowers the Indian government to detain a person until deportation back to their country of origin.

Can a US citizen file a case against an Indian citizen living in India?

The US police needs to get in touch with the respective State police in India through the embassy and ministry of external affairs. Only then can they come and arrest the person.

Can I sue the Indian government?

Yes. Half of the cases pending in Indian courts are filed against the government. The government can be sued for any number of things. This is mainly done by filing Writ Petitions in High Courts or Supreme Court.

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Can we sue someone in India?

According to English law, the person cannot maintain the right of sue unless allowed by order in council. According to Indian law, the person cannot maintain the right to sue unless obtains the permission of the central government under section 83 of the civil procedure code is obtained.

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.

Can I get back Indian citizenship?

India does not grant dual citizenship. Therefore, if an individual claims to be a citizen of foreign country, the claim to Indian citizenship is automatically refuted.

Can we file lawsuit 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.

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Can a foreign citizen file a case 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 a foreign state sue an Indian person in India?

A foreign State may sue an Indian person in India for the private wrong. A foreigner can sued in India before a competent court. In private international law, foreign states are immune from being proceeded against in the national courts of other countries.

Can I file a case against my husband in India?

I am sorry for your situation -but you can most certainly file a case against him as he is still an Indian citizen. Most importantly – unless you are legally divorced, you are STILL his lawfully wedded wife. This opens a lot of legal options for you not only in India, but also in the US.

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Does India have jurisdiction over the US if an Indian citizen?

For most cases, India cannot extend its jurisdiction to the US even though he is an Indian citizen. Once a crime happens in any country, its first the responsibility of that country to provide justice. In some cases, it might be possible for the Indian embassy in US to request US govt. for assistance.