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Can An NRI File A Case In India Against Any Legal Company?

  • Writer: lead India
    lead India
  • Jun 14, 2023
  • 3 min read

Even though the Indian court has jurisdiction in other situations, including those involving contracts with predefined jurisdiction, arbitration, etc., it may decide not to consider cases with a foreign element. The doctrine of forum non conveniens is occasionally used by Indian courts to deny jurisdiction in a specific case.


The Ministry of Overseas Indian Affairs was established by the Indian government to promote deeper ties with the Indian Diaspora. The new initiatives for the diaspora may now be deployed quickly and are simple to monitor thanks to this. Because developing relationships is important, the ministry serves as a relationship manager.


It forges partnerships on the levels of interpersonal relationships, institutions, and civil society. Additionally, it provides direct services in areas like dual citizenship and immigration clearances, among others. Additionally, it performs indirect service provision for businesses in the investment, healthcare, and education sectors.


Legal Provisions:

  • Sections 83 and 84 of the Indian Code of Civil Procedure regulate the locus standi of actions undertaken in India by foreign parties, including private parties and foreign governments. In accordance with Section 83, foreign adversaries and friends who reside in India with the Central Government's permission may file a lawsuit in any court that is otherwise qualified to hear the case as if they were Indian citizens, but foreign adversaries who reside in India without the Central Government's permission may file a lawsuit in any court that is otherwise qualified to hear the case. A foreign state may bring a claim in any competent court, according to Section 84. As long as the aim of the lawsuit is to exercise a private privilege granted to the state's ruler or any official representing the state in an official capacity.

  • An experienced Indian court will hear a lawsuit filed by a foreigner against an Indian.

  • An Indian court may receive a lawsuit from a foreign business against an Indian business.

  • An alien state has the right to sue an Indian for a private wrong committed in India, even if the Indian is an adversary from another planet.

Case Laws:

This was noted by the Hon. Supreme Court of India, which determined that the provisions of the Carriage by Air Act of 1972 and the Consumer Protection Act of 1986 would prevail over the general 1908 version of the Code of Civil Procedure. This was in the case of Ethiopian Airlines v. Ganesh Narain Saboo.


Ethiopia is a party to the Warsaw Convention of 1929, which was the motivation behind the passage of the Transport by Air Act of 1972. It is clear in practice that these restrictions apply to airlines of any nation, based on a reading of the Warsaw Treaty of 1929 and the Transport by Air Act of 1972.


With this justification, the Hon. Supreme Court determined that the Convention and Act had the following effects: The 1972 Transport by Air Act was a previous example of the Central Government providing its consent in accordance with Section 86. By approving the 1929 Warsaw Pact, the foreign state of Ethiopia impliedly renounced its privileged position.


As a result, the government has created a suitable NRI complaint procedure. Any NRI who is dissatisfied is free to lodge a complaint using the previously described method with the Office of the Protector of Emigrants or the state NRI cell (if his home state has one).


Any non-governmental organization, such as the NRI Welfare Society of India, will send the complaint to the government if the offended NRI finds it impossible to speak with such an officer.


If the matter was initially filed in Gurgaon, a Corporate lawyers in Gurgaon may be assigned. Additionally, if the lawsuit is filed there, Corporate lawyers in Noida may be recruited. Corporate lawyers in Delhi may also be hired if the case has been filed there.


Various professional and legal services are offered by Lead India. You can ask a legal question here. To get the best advice in this scenario, talk to a lawyer. You can get advice from our legal team to make wise judgments. We also provide free legal advice online.


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