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Friday, November 1, 2013

Suits against Foreign States and Governments (Exemption on the basis of Sovereign Immunity)

 

Civil Courts in India have jurisdiction on those persons who are resident of India and where the subject matter of the suit lies in the court. However there is a class of persons such as foreign rulers, ambassador and other officers against whom suits do not lie,  except with the consent of the Central Government, and certified in writing by the secretary of the Government, or if such party voluntarily submits to the jurisdiction of the court.

            Section 86 provides that no foreign state may be sued in any court otherwise competent to try the suit except with the consent of the Central Government certified in writing by a secretary of that government.

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