jurisdiction
subramaniam
(Querist) 16 October 2009
This query is : Resolved
If a jurisdiction is fixed in a contract, after that how to change that jurisdiction
ex. subjuct to mumbai jurisdiction but i wish to file a suit in cheenai if it is possible or not ?
Thank u
Raj Kumar Makkad
(Expert) 16 October 2009
The jurisdiction doesn't depend upon your mercy, the jurisdiction vests in all such places wherein cause of action arose to parties in dispute/ It might be Chennai or Mumbai or both. Had you given facts of the matter, I certainly would have told you the places wherein you may file suit.
DD Sathe
(Expert) 16 October 2009
Contract including jurisdiction is mutually decided by the parties and form integral part of the contract.
Change of jurisdiction may not be viable unless some special circumstances are brought out.
Khaleel Ahmed
(Expert) 16 October 2009
With the permission of the court, you can file a suit at Chennai.
joyce
(Expert) 16 October 2009
Jurisdiction lies where the parties to suit resides means either of the both places or where the cause of action to the suit takes place, even where the property or subject matter to the suit situats.As Mr Raj mukkud says Jurisdiction does not depend on any bodies mercy
Sachin Bhatia
(Expert) 16 October 2009
The jurisdiction vests in all such places wherein cause of action arose,the parties to suit resides. It might be Chennai or Mumbai or both.
AEJAZ AHMED
(Expert) 17 October 2009
From your query it is not clear, what do you want to know accurately.
*** Do you want to know simply how can change the 'Terms and conditions' of a Contract, most particularly with regard to Term of "Jurisdiction"...
**** Or do you want to know that, can a party to the Contract sue another party of the Contract at a "place" which is other than the mentioned Jurisdiction Place..
So as per me and my reply to you witht concerned to first Point is as :-
The terms of a contract, including the scope and specification once entered into, should not be materially varied.
But your query is silent about details of Contract, as said by Mr. Raj;
What type of this contract...??
Who are parties.. Private.Or..Government.?
Amendment to contract terms are dealt with transparently by both the parties, on mutual negotiation within the applicable contractual framework.
My reply with concerned to second point is same as Joyce:
" Jurisdiction lies where the parties to suit resides means either of the both places or where the cause of action to the suit takes place, even where the property or subject matter to the suit situats."
Please Read following Sections of CPC.
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Civil Procedure Code 1908 , Section 16:
16. Suits to be instituted where subject-matter situate.
Subject to the pecuniary or other limitations prescribed by any law, suits-
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
(d) for the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment,
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate :
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant, may where the relief sought can be entirely obtained through his personal obedience be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
19. Suits for compensation for wrongs to person or movables.
Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
Illustrations
(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in Delhi.
20. Other suits to be instituted where defendants reside or cause of action arises.
Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction-
(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
(b) any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
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n.k.sarin
(Expert) 17 October 2009
Agree with Mr. Sathe And Mr. khaleel
Guest
(Expert) 17 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
MOBILE .09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE JURISDICTION KINDLY NOTE THAT.
1.JURISDICTION DEPENDS ON PLACES OF CAUSE OF ACTION ARISES.,JURISDICTION OF COURTS AS PER C.P.C. AND C.R.P.C. AND ALSO THE JURISDICTION CLAUSE IN THE AGREEMENT.
2.COURT WILL HEAR ARGUMENTS ON JURISDICTION AND WITH PERMISSION OF COURT ,YOU MAY FILE THE SUIT AT THE PLACE OF YOUR CONVENIENCE.'
3OTHER SIDE WILL STRONGLY OBJECT TO IT BUT YOU SHOULD BE PREPARED TO GIVE SUPPORTING PAPERS AND REASONS FROM CONVINCING THE COURT.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY WRITE OR CONTACT.
YOURS SINCERELY
NANDKUMAR B.SAWANT.
venkatesh Rao
(Expert) 17 October 2009
Jurisdiction is a question of law and any amount of consent by the parties will not confer or change the jurisdiction.
H. S. Thukral
(Expert) 17 October 2009
It is not open to the parties by agreement to confer by their agreement jurisdiction on a Court which it does not possess under the Code. But where two courts or more have under the Code of Civil Procedure jurisdiction to try a suit or proceeding, an agreement between the parties that the dispute between them shall be tried in one of such Courts is valid and legal. Refer to Hakam Singh case 1971 AIR (SC) 740. Ouster of jurisdiction of all courts which would have jurisdiction over the subject matter of dispute shall be void. Any such agreement shall be agasint public policy and void.
Regarding your problem, it has also been held that where the agreement between the parties excluding jurisdiction of a particular case is oppressive to one party, the court whose jurisdiction has been ousted by such agreement can still entertain the suit. Therefore you have to plead facts that the stipulated agreement was unfair/oppressive to you.
Raj Kumar Makkad
(Expert) 17 October 2009
I fully agee with Harbhajan Sir which confirms my earlier view.
n.k.sarin
(Expert) 18 October 2009
agree with Mr.Thukral
