How can I file a legal complaint against a US University which has still not sent my certificate after repeated queries and assurances?
2 years ago
How can I file a legal complaint against a US University which has still not sent my certificate after repeated queries and assurances? I would like them to compensate me for the grievance cause and for poor quality course in lieu of Covid.
A.Dear Sir,
Local police may not work out the process to get the matter resolved. Better approach High Court and you will get a remedy and a direction to the higher police authorities or concerned external ministry and thus you may get your original documents.
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Local police may not work out the process to get the matter resolved. Better approach High Court and you will get a remedy and a direction to the higher police authorities or concerned external ministry and thus you may get your original documents.
Rate me Five Star*
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
India recognizes the maxim “par in parem non-habet imperium” which means “one sovereign state is not subject to the jurisdiction of another state”. Generally in India, the sovereignty of the foreign state or entity is recognized under Section 86 of the Civil Procedure Code. The Section 86 of the Civil Procedure Code has prescribed exceptions, immunity and conditions to foreign nationals or entities under which they can be sued.
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India recognizes the maxim “par in parem non-habet imperium” which means “one sovereign state is not subject to the jurisdiction of another state”. Generally in India, the sovereignty of the foreign state or entity is recognized under Section 86 of the Civil Procedure Code. The Section 86 of the Civil Procedure Code has prescribed exceptions, immunity and conditions to foreign nationals or entities under which they can be sued.
If you find my answer helpful then kindly rate me.
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A.Hi,
Since the university is a national entity of the USA, the principles of sovereignty would apply which would override any summoning procedure used by the Indian Courts. Instead of filing a complaint, you can seek to have an arbitration session with them.
If you find my answer helpful then kindly rate me.
Since the university is a national entity of the USA, the principles of sovereignty would apply which would override any summoning procedure used by the Indian Courts. Instead of filing a complaint, you can seek to have an arbitration session with them.
If you find my answer helpful then kindly rate me.
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A.Our CPC does not clearly mentions how to file a case against a foreigner or foreign entity hence when you plan to file a case against the foreign university the filing of the case itself and sending of court summon will be a herculean task for you.
So, in this kind of matters what we do is that we first send a legal notice to the other party asking them to fulfill the demands of the clients. This is what you can try to do and after the legal notice you may think of filing a case which is still not advisable. As filing a case would be better in the location/country where the university is located.
So, in this kind of matters what we do is that we first send a legal notice to the other party asking them to fulfill the demands of the clients. This is what you can try to do and after the legal notice you may think of filing a case which is still not advisable. As filing a case would be better in the location/country where the university is located.
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