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Ritwika Ghosh   10 October 2016

Offer and acceptance

If the offer is communicated through email in place A and the acceptance is communicated by phone from place B, which place's court will have jurisdiction over the contract if there's a breach?



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 4 Replies

Kumar Doab (FIN)     10 October 2016

What is this offer about? 

Say Employment?

How are you related with the matter?

Ritwika Ghosh   10 October 2016

This offer is regarding sale of goods.

It's my moot problem.

 

Sachin (N.A)     10 October 2016

As per Section 20 of Civil Procedure Code, 1908 (CPC)suits to be instituted where defendants reside or cause of action arises. Under this section, the suits can be instituted in court within the local limits of whose jurisdiction the defendant actually resides when the suit commenced or carries on business there. Where the cause of action wholly or in part arose.  With the grant of court, suit can be filed in any other place if the court deems necessary. In this case, you can file a suit where the contract happened between the two parties or where the cause of action took place or where the defendant resides also will form a proper jurisdiction to the suit.

 

Section 21 of the CPC states that no objection to jurisdiction can be brought up as to the place of suing by any Appellate Court unless it was taken in the court at first instance or at earliest opportunity. With regard to competence of court also no objection shall not be heard with reference to pecuniary limits of its jurisdiction unless it was brought at the earliest opportunity in the first instance itself. No objection with reference to local limits of jurisdiction shall be allowed unless there has been a consequent failure of justice.

 

 

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     10 October 2016

Place of residence or office stipulated in offer n acceptance either

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