Suits
How is a Class action different from a Mass tort or an Ordinary lawsuit?
By  Sameer Kedia  |  11 Oct 2016  |  Upvotes: 0  | 

1 Answer(s)

Prateek Kumar
Advocate

 

A lawsuit filed collectively by shareholders of a company against its promoters or directors or management, would be called a Class Action Suit. Class Action Suit has been recently been added under the Companies Act, 2013. The term had come into highlight in context with a multi-crore fraud by the management and auditors of Satyam Computer Services. A mass tort is a civil action involving numerous plaintiffs against one or a few corporate defendants in state or federal court. Law firms sometimes use mass media to reach possible plaintiffs. Suits are filed to lodge money claims in civil courts working under District Courts while petitions are filed in High Courts which are above District Courts seeking some directions against the opposite party; mostly the Government. There is no legal term like original suit or original petition. The suit which is initially filed in the first court for the first time is referred as original suit. Petitions are Writ Petitions, Arbitration Petitions, Miscellaneous Petitions etc. & not the original petition. After judgement in suit or petition if any aggrieved party challanges it then it is by filing appeal in the higher court which is ordinarily called as Appeal but often in some court it is termed as Letters Patent Appeal (LPA) & as Special Leave Petition (SLP) in Supreme Court.

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