Regarding place of execution
Reshma K
(Querist) 09 May 2014
This query is : Resolved
Sir,
Let's say we prepare an agreement in Bangalore, in the document we say 'this agreement is made at Bangalore" and send it by email and the other party signs it in Mumbai and sends it back my email. Is that fine? Does it mean that the agreement was made at Bangalore for the purposes of jurisdiction.
Can you throw some light on this and various combinations thereof like both the parites may be not be in Bangalore or Mumbai, though their respective Head offices may be that, but sign from London and Newyork saying that ageement is made in Bangalore. Wil that be fine??
adv. rajeev ( rajoo )
(Expert) 09 May 2014
In my opinion agreement is made at Bengaluru. So bengaluru has got jurisdiction.
Where the stamp paper is purchased it is important.
Kumar Doab
(Expert) 09 May 2014
For the purpose of jurisdiction an explicit statement that ‘jurisdiction of courts shall be at …………’.be inserted.
Let a competent and experienced lawyer handling such agreements draft the agreement for you and defend your interest in the best possible manner.
Sankaranarayanan
(Expert) 09 May 2014
where the stamp paper bought is the jurisdiction
Devajyoti Barman
(Expert) 10 May 2014
Both the places have jurisdiction and hence in either of the places the case may be filed.
Advocate Bhartesh goyal
(Expert) 10 May 2014
Yes,both Banglore and Mumbai where the parties to agreement signed have jurisdiction to try the case.
Dr J C Vashista
(Expert) 10 May 2014
Incomplete information regarding contents of agreement, hence cannot offer my opinion.
I respectfully disagree with the experts since the place of purchase of Stamp paper cannot confer jurisdiction.
ajay sethi
(Expert) 10 May 2014
it is better to have jurisdiction clause incorporated in agreement to avoid legal hassles at later stage
Reshma K
(Querist) 10 May 2014
Thanks very much sirs, but second part was not answered
Can you throw some light on this and various combinations thereof like both the parites may be not be in Bangalore or Mumbai, though their respective Head offices may be that, but sign from London and Newyork saying that ageement is made in Bangalore. Does the same rule apply here...
T. Kalaiselvan, Advocate
(Expert) 10 May 2014
You are properly advised that the jurisdiction clause maybe inserted in the agreement to avoid the anticipated legal hassles in the future, further you were also advised to take the help of a lawyer to draft the agreement to protect your interest in it, so you may follow the suggested ideas.
Reshma K
(Querist) 12 May 2014
thanks your sirs for input. Appreciate
