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SECTION 86 OF CODE OF CIVIL PROCEDURE 1908

What are Suits against foreign Rulers, Ambassadors and Envoys? Section 86 of Code of Civil Procedure 1908

Suits against foreign Rulers, Ambassadors and Envoys is defined under Section 86 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 86 of Code of Civil Procedure 1908 "Suits against foreign Rulers, Ambassadors and Envoys"

(1) No. foreign State may be sued in any Court otherwise competent to try the suit except with consent of the Central Government certified in writing by a Secretary to that Government :

Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid a foreign State from whom he holds or claims to hold the property.

 

(2) Such consent may be given with respect to a specified suit or to several specified suits or with respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of suits, the Court in which the foreign State may be sued, but it shall to be given, unless it appears to the Central Government that the foreign State.

(a) has instituted a suit in the Court against the person desiring to sue it, or

(b) itself or another, trades within the local limits of the jurisdiction of the Court, or

(c) is in possession of immovable property situate within those limits and is to be sued with reference to such property or for money charged thereon, or

(d) has expressly or impliedly waived the privilege accorded to it by this section.

(3) Except with the consent of the Central Government, certified in writing by a Secretary to that government, no decree shall be executed against the property of any foreign State.

(4) The proceeding provisions of this section shall apply in relation to -

(a) any Ruler of a foreign State;

(aa)] any ambassador or Envoy of a foreign State ;

(b) any High Commissioner of a Commonwealth country; and

(c) any such member of the staff of the foreign State or the staff or retinue of the Ambassador] or Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the Central Government may, by general or special order, specify in this behalf.

as they apply in relation to a foreign State.

(5) the following persons shall not be arrested under this Code, namely : -

(a) any ruler of a foreign State;

(b) any Ambassador or Envoy of a foreign State;

(c) any High Commissioner of a Commonwealth country;

(d) any such member of the staff of the foreign State or the staff or retinue of the Ruler, Ambassador or Envoy of a foreign State or of the High Commissioner of a Commonwealth country, as the Central Government may, by general or special order, specify in this behalf.

(6) Where a request is made to the Central Government for the grant of any consent referred to in sub-section (1), the Central Government shall, before refusing to accede to the request in whole or in part, give to the person making the request a reasonable opportunity of being heard.

Code of Civil Procedure 1908

What is Exemption from arrest and personal appearance? What is Execution of decree? Section 81 and 82 of Code of Civil Procedure 1908

When aliens may sue? When foreign State may sue? Section 83 and 84 of Code of Civil Procedure 1908

What is the meaning Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers? Section 85 of Code of Civil Procedure 1908

What are Suits against foreign Rulers, Ambassadors and Envoys? Section 86 of Code of Civil Procedure 1908

What is Style of foreign Rulers as parties to suits? Section 87 of Code of Civil Procedure 1908

Where interpleader suit may be reinstituted? What is Power to state case for opinion of Court? Section 88 and 90 of Code of Civil Procedure 1908

What are Public nuisances and other wrongful acts affecting the public? What are Public charities? Section 91 and 92 of Code of Civil Procedure 1908

What is Exercise of powers of Advocate? What are Supplemental Proceedings? Section 93 and 94 of Code of Civil Procedure 1908

What is Compensation for obtaining arrest, attachment or injunction on insufficient grounds? Section 95 of Code of Civil Procedure 1908

What is Appeal from original decree? What is Appeal from final decree where no appeal from preliminary decree? Section 96 and 97 of Code of Civil Procedure 1908

What is Decision where appeal heard by two or more Judges? Section 98 of Code of Civil Procedure 1908

What is the meaning of No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction? Section 99 of Code of Civil Procedure 1908

What is Second appeal? What is the meaning No further appeal in certain cases? Section 100 and 100A of Code of Civil Procedure 1908


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