Legal Question in Civil Rights Law in India
Summons delivery
I am usa citizen and reside in India for more than india for more than three years. Some one is doing a litigation civil suit from usa. What is the proper procedure for the summons delivery from US to India? What do I have at risk in this case? I plan to live in India for good. Bases for the suit are against our business in India, but I have the suit against me in personal bases. Shouldn't this case be under Indian juricdiction? Please advise. Thanks in advance.
6 Answers from Attorneys
Re: Summons delivery
you have not worded it properly so can not advice properly
anyway as far as avoiding the summon is concerned if possible attend the case by taking summon if u feel that u can win. if u think that u can not win and u dont have much to loose in that country then dont take summon and enjoy
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Re: Summons delivery
it is difficult to suggest anything without knowing the full facts of the case whether the jurisdiction of the case is made out in india or u.s. u may send the scanned documents through email
Re: Summons delivery
you must appear before the court at the usa, other wise u will be proceeded exparte and the judgement of that court will be valid if you have not been provided opportunity to hear, or the judgbement is based on the law which is not applicable in inida. u can also send your replies to the court through internet, u can check the status of your case on net also. it is advised u fight your case rather than running away from it. for further details u can write me at my address arvind sharma advocate at the rate of yahoo dot com or arvind sharma advocate district courts bathinda punjab.
Re: Summons delivery
if you are avoiding the case in US then there would be an ex-parte award/order in their favour! you must make appearance in person and later thru a lawyer there in US. it is difficult to guide you further without knowing excatly what the case is. make sure you consult a lawyer inperson at the earliest before it is too late to do any thing there in US or India.
Re: Summons delivery
Basic details are missing like claim of opposite party,details of petition etc.The summons are served through American high commission in India.Send details for getting proper advise on the subject matter.
Re: Summons delivery
Fundamental facts are absent in your querry. Unable to answer hypothetical questions.Sorry.
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