There were a few cases which were resolved before the defendent left India, now another case has been filed - would the person have to return to India from overseas to attend the summons? Where does she stand legally?
2006-09-18 15:01:16 · 5 answers · asked by Rezi D 1 in Politics & Government ➔ Law Enforcement & Police
No. for civil cases there is no such requirement. he can appoint an advocate to represent his interests. his position is just that of a normal resident citizen. but there could be otehr aspects - if the suit is for a house property, the plaintiff can legitimately claim that the defendant is out of the country, and hence does not require to live in a particular house situated in india.
2006-09-18 15:27:44 · answer #1 · answered by HMG M 3 · 0⤊ 0⤋
Under Cr.PC, the person has to attend.
If the person refuses, he is declared as
Proclaimed Offender.
The Indian government may ask for his
extradition, if we have a protocol signed
with them. Most of the countries have signed
extradition treaty with India. Abu Salem case
and other NRI cases are such examples.
2006-09-18 22:27:36 · answer #2 · answered by pianist 5 · 0⤊ 0⤋
The defendent in a civil suit can reprsent through a lawyer . If the defendent does not appear or reppresent throgh a lawyer or a power of attorney , the suit will be decreed ex-partie in favour of the plaintiff.the defendent looses the case.
2006-09-18 23:00:30 · answer #3 · answered by Infinity 7 · 0⤊ 0⤋
BIG QUESTION here! Depends primarily on the offense, the country, and the extradition arrangement with the country you reside in! You have to answer all the above to yourself and make a rational decision!
2006-09-22 10:03:17 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes , If he is a citizen of India.
2006-09-19 23:17:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋