Contracts

Querist : Anonymous (Querist) 11 January 2012 This query is : Resolved
What is the validity of a contract signed outside India as per the contract act?

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Advocate. Arunagiri (Expert) 11 January 2012
What is the jurisdiction mentioned in the contract?

Devajyoti Barman (Expert) 11 January 2012
It shall have validity if cause of action arising therefrom emanates from India.

Raj Kumar Makkad (Expert) 11 January 2012
Validity of such contract shall remain till the period the same is recognized by Indian Contract Act. This means if the contract executed outside India is perverse to the provisions of Indian Contract Act, it shall be illegal and thus shall not be valid.

Shailesh Kr. Shah (Expert) 11 January 2012
without seeing contract document's content, opinion could not be given. you can post here contents of contract for further opinion.

Deepak Nair (Expert) 11 January 2012
I agree with the views of Mr.Makkad

ajay sethi (Expert) 11 January 2012
does contract contain a caluse that in event of any disputes arising betwee the parties in respect of subject matter of contract shall be subject to jurisdiction of courts in india only

Sankaranarayanan (Expert) 11 January 2012
yes it is subject to jurisdiction of court

Querist : Anonymous (Querist) 11 January 2012
no actually the contract says that the contract shall be subjected to indian laws and any dispute that arises shall be subjected to the jurisdiction of english courts? also the contract was signed outside india

prabhakar singh (Expert) 11 January 2012
It is up to English courts to treat contract
good or bad as question now arising in my mind is that can parties in given domain of a sovereign country enact law of an other country enforceable in that sovereignty simply by entering into a contract in absence of any understanding agreement or treaty between the government of the two countries.

Conversely can two persons in India can enter into a legally enforceable contract in Delhi[any where in India] that in case of dispute it would be courts in India to have jurisdiction but the law applicable to the contract shall be not Indian Contract Act but one enforced in USA.??????

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 January 2012
If it relates to activities in India it is enforcable , but in case of dispute its execution has to be proved.

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