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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Engineering Project (India) Limited – Appellant
Versus
J.A. Brothers – Respondent
| Table of Content |
|---|
| 1. procedural context and factual origin of the dispute. (Para 1 , 2 , 3) |
| 2. parties' conflicting contentions regarding territorial jurisdiction and cause of action. (Para 4 , 5) |
| 3. exclusive jurisdiction clauses are legally binding and enforceable. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. application of contractual jurisdiction clauses to current facts. (Para 18 , 19) |
| 5. court rules suit lacks local jurisdiction, transferring to competent court. (Para 20 , 21 , 22 , 23) |
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Mr. P. Goswami, learned counsel appearing for the petitioners. Also heard Mr. R.B. Phookan, learned counsel appearing for the respondent.
2. By this application under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as the “CPC”), the petitioners have assailed the order dated 14.05.2019 passed by the learned Civil Judge No. 1, Kamrup (Metro), Guwahati (hereinafter referred to as the “trial court”) in Petition No. 290/2019 arising out of Title Suit No. 527/2018, whereby the application filed under Order VII Rule 10 for return of the plaint came to be rejected.
3. The brief facts, shorn of unnecessary details, are that the
Parties to a contract may validly agree to vest jurisdiction in a specific court among several competent options. Such exclusive clauses must be enforced, provided the chosen court has the necessary ....
The validity of the jurisdiction clause in an agreement and the determination of cause of action based on the place of goods supply and payment location.
The main legal point established in the judgment is that parties can, by agreement, exclude the jurisdiction of one Court and the suit would lie in the Court to be agreed upon by the parties.
The Courts at Patiala did not have jurisdiction to entertain the suit of the respondent as the suit property/res is situated in Gurugram. The agreement in question is a forged and fabricated document....
(1) Territorial jurisdiction of Court – Court not having jurisdiction as per statutory regime cannot be bestowed jurisdiction by means of contract.(2) As long as an employment contract does not offen....
The main legal point established in the judgment is that the issue of territorial jurisdiction can be tried as a preliminary issue under Order XIV Rule 2 of the Civil Procedure Code.
The exclusive jurisdiction clause in a contract governs jurisdiction irrespective of the seat of arbitration or the place of hearings, emphasizing the primacy of contract in determining jurisdiction.
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