Indian laws are applicable on Non-Resident Indian or a foreign citizen with Indian origin in certain circumstances. Indian decree against Non-Resident Indian or a foreign citizen with Indian origin can be enforced. They cannot take the risk of starting litigation in foreign court without knowing the implications of Indian laws on their case. A foreign lawyer must advice his/ her client who is of Indian origin about situations under which Indian Laws are applicable on him even in foreign land. Indian Courts can declare the decree obtained by Non-Resident Indian or a foreign citizen with Indian origin in foreign court against Indian citizen.
In certain jurisdictions, foreign courts allow legal advice (Law Reports) Law Reports for International Litigation by NRI lawyers to clarify Indian legal position and such legal reports are used by courts and foreign lawyers in courts where they practice. These law reports may be used by foreign lawyers to advice their clients with Indian origin in a better manner. Law Reports for International Litigation by NRI lawyers include –
- Stating the the problem, specifying the legal issue on which the advice is sought, and stating conclusion.
- Setting out legally significant facts upon which legal analysis will be based. This includes all the relevant rules from different statutes at one place.
- Simplifying law into relatively straightforward language, without naming specific cases.
- Showing how law would operate and then explaining the implication of the analysis: how you will be affected by legal and factual matrix.
- Explaining law by providing a few examples.
- Discussing similar cases and judgments of High Courts and Supreme Court of India.
- Discussing what alternate remedies are available to you as per Indian Laws.
- How I support my conclusion as per law and cases mentioned earlier.
- Suggesting possible counter arguments available against you.
- Resolving the counter argument in favor of my original conclusion.
- Summarizing and restate my conclusion.
- Offering preventive advice that will address the possibility of future legal claims and also address extra legal factors – cost and time.
This opinion or Law Reports for International Litigation by our NRI lawyers will help you to determine future legal course of action in India and in Canada in Trial and all Appellate levels. You will know what you should expect once a particular legal course is adopted.