Jurisdiction

P.S.Subbaraman (Querist) 27 May 2010 This query is : Resolved

My client had issued a letter of offer of appointment from Mumbai addressed to a Tuticorin Address. The Tuticorin party in turn has received the letter, accepted the same at Tuticorin and has posted the letter from Tuticorin. In case of breach of contract suit filed by the Tuticorin party will Tuticorin have jurisdiction under Sec 20 CPC.

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Guest (Expert) 27 May 2010
KINDLY NOTE THAT YOU HAVE SENT OFFER LETTER FOR APPOINTMENT ,THE OTHER SIDE ACCEPTED AND INFORMED YOU.

YOU HAVE NOT YET ISSUED ANY APPOINTMENT LETTER TO THE OTHER SIDE.

HENCE YOU MAY ADD THE JURISDICTION CLAUSE IN THE SAID LETTER AND MENTION THE COURTS OF YOUR CHOICE HAVING THE AREA JURISDICTION FOR ANY DISPUTE.
YOU MAY WRITE AND SEND DETAILS IN CASE OF HELP .
THANKS.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

Jatin Adhav (Expert) 27 May 2010
Normally under labour laws the jurisdiction of labour courts where the industrial establishment in suitate have jurisdiction, however it is adviceable to mention jurisdiction clause in the appointment letter mentioning the courts of your choice for better clarity in case of dipute.
regards
Jatin
9762382477

Raj Kumar Makkad (Expert) 27 May 2010
It is not the stage of advising anything. The appointment letter containing all the terms has already been issued accepted at Tuticorn. So limited question is whether the court at Tuticorn has also jurisdiction to entertain and decide the matter arising out of such appointment?

My opinion is yes as per section 20 of CPC if an iota of cause of action has arisen at any place, the court situated at that place has got jurisdiction to try and decide the suit.