Court Cases
Get Detailed verification of your property papers by Senior Property Lawyers.
What is Court Cases?
The Jurisdiction of the civil courts in India is determined through the provisions of Code of Civil Procedure 1908. When it comes to suits or cases, issues pertaining to foreign elements arise comparatively in few cases, namely whether and when foreigners and foreign corporations can sue, or be sued in an Indian Court, and who enjoy immunity from suits.Jurisdiction of Indian Courts There would also be situation when the Indian court despite having jurisdiction may refuse to entertain suits having foreign element, like in case of contracts with pre-determined jurisdiction, arbitration etc. In certain circumstances Indian Courts in a particular case decline to entertain suits by applying the rule known as forum non conveniens. In India, the locus standi of suits filed by foreigner and foreign state is governed by section 83 and 84 of the code of civil procedure. Section 83 provides thus: Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue in any such court. Jurisdiction of Indian Courts Explanation-Every person residing in a foreign country, the Government of which is at war with India and carrying on business in that country without a license in that behalf granted by the Central Government, shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country. Section 84 provides thus: A foreign State may sue in any competent Court: Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in any officer of such State in his public capacity. As per above the 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. A foreign State may sue an Indian person in India for private wrong. A foreigner can sued in India before competent court.
Deliverables *
With such reasoning the Hon’ble Supreme Court made it clear that the implication of the Convention and the Act were as below:- The Central government had already given consent under Section 86 by having enacted the Carriage by Air Act, of 1972. The Foreign State of Ethiopia had impliedly waived privilege by signing the Warsaw Convention, in 1929. Any ‘Foreign State’ can sue in a competent Court in India to enforce a private right vested in the Ruler or any of its officers in his public capacity (Section 84). The Central Government can appoint recognized agents for such Foreign Rulers by whom appearances, acts, and applications under the Code may be made on behalf of such Rulers. The appointment can be for a specified suit or suits for all such suits in which the Ruler may be a party. A recognized agent so appointed by the Central Government can authorize or appoint any other person to perform the above acts as if he were himself a party to the such suit(s) (Section 85) The United Nations (Privileges and Immunities) Act, 1947 provides inter alia immunity from the suits to the United Nations and its agencies such as the WHO and some of its personnel when they act in their official capacity. The Diplomatic Relations (Vienna Convention) Act 1972, gives statutory effect in India to the Vienna Convention on Diplomatic Relations adopted in 1961 under which specified diplomats enjoy immunity from suits in India. An Indian having a business transaction with a foreigner can sue the foreigner if any breach of contract occurs. In determining jurisdiction under the Indian law the nationality of the defendant is irrelevant. If the cause of action, or a part of the cause of action has arisen in India, the Indian Court can proceed against non-resident foreigners. Even if the cause of action arose outside India but if the defendants are residing in India, the Indian Court has jurisdiction to try such cases and pass an order.
CALL US 24/7
Need an Advice from Expert Lawyers?
Get an Appointment Today!
Talk to our legal experts and get the clarity you need.
- +91 86188 88526