Are aliens competent to sue 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 alien enemies residing in India sue in Indian court?

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.

Who can be sued for tort in India?

Rationale: Ordinarily, all persons are entitled to sue in tort. But there are certain exceptions to this rule viz. a bankrupt, a corporation and a child in the womb.

Who Cannot sue in tort in India?

An enemy who is without any such permission or residing in a foreign country cannot sue in any Court in India, according to Code of civil procedure (CPC). Corporations: A corporation can bring suits for civil wrongs which affect its existence. It can sue for torts against itself.

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Can an Indian file a case against a foreigner?

2. Without your consent he has not sold the property and if they stayed in India illegally then you must lodge a police complaint against them. Yes, you can file case against him.

Can an Indian company sue an American company?

Yes you can file a case against the company.

Can an FIR be filed against a foreigner?

The police officer is obliged to register an FIR. A foreign national can visit the nearest police station from where the offence has taken place, and refer his complaint to the police officer in writing. … The police can then forward the accused to the Magistrate if there is sufficient evidence against him.

Can a foreigner file a writ petition in India?

A foreign company can only invoke the writ jurisdiction of High Court under Article 226 for enforcement of its Legal Rights as well as for Fundamental Rights which are available to non-citizens as well such as in Article 14,20, 21 etc.

Who is a foreigner in India?

Provisions. The Act defines a foreigner as ”a person who is not a citizen of India”. Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person.

Who Cannot be sued in tort?

A person who suffers injury has the right to file a case against the person who caused him harm, but there are certain categories of people who cannot sue a person for their loss and also there are some people who cannot be sued by any person, like foreign ambassadors, public officials, infants, sovereigns, alien enemy

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What are the 3 types of torts?

Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products – see Products Liability).