Jurisdiction of Courts
S.B.adil rahman
(Querist) 29 July 2009
This query is : Resolved
What is meaning of "All disputes subject to the jurisdiction of Delhi High Court"? Who confers this power of jurisdiction determination upon any company having business in Delhi and selling its sub standard products in Kolkata.If a customer or client is aggrived of the product or unfair trade practice whether he should go to Delhi to file cases? What is remedy in such cases?Under which law these jurisdiction of courts are dealt? On how many laws i.e Civil,Criminal,Consumer or I.P this declaration of jurisdiction is applicable? What is the remedy available to a client living in other parts of India?
Y V Vishweshwar Rao
(Expert) 29 July 2009
The Place of Cause of action or part of it is the basis for Court Jurisdiction , the Product sold at Kolkata and purchased at Kolkata - naturally the Kolkata Court will have jurisdiction to decide any dispute in the transaction - the product is sold through delaer or retailer . notwith standign the Terms on the product, the Jurisdiction will be with Kolkata Civil Courts - Any agreement to be finalised by the Comapny at Delhi and agreemtn is with clause to be finalised at Delhi and Jurisdiction of Court is agreed under the agreement as Delhi and agreement is concluded at Dellhi the Agreement will prevail, as it is , Agreement is entered / concluded at Delhi - but not in each case - sale of each product at severla places .
Khaleel Ahmed
(Expert) 29 July 2009
I agree with Mr.Vishweshwar Rao's advice.
charudureja
(Expert) 30 July 2009
i agree with Mr. Rao, the provisions for territorial jurisdiction are provided in CPC. the parties cannot themselves give or take away the jurisdiction of a court. so where the thing has been sold the cause of action has arisen at that place only and the courts of that place will have the jurisdiction to try the case.
