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AGANrotweil (Contracts Professional)     17 April 2013

Which law applicable for below mentioned subject

Sir(s),


Recently we signed a Project in Jammu & Kashmir.


In Tender document, it is stated that "Laws of India" , "Juridiction will be Mumbai" and few places they mentioned "J&K workmens compensation acts etc"


My Query:

        1.     I cannot work with two laws in a project, and please advice me Which negotiation can help me in this matter:

  • Should i ask him to modify "JURIDICTION PLACE" in the contract documents OR
  • Should i ask him to modify "LAW APPLICABLE FOR THE PROJECT - INDIAN LAW OR J&K LAW"

       2.  If laws of J&K is specified in the contract, can we present our case in Mumbai courts ?? -- In that case what will be        Juridiction ( J&K) or (Mumbai) ?

       3.   I understand "Courts have its own Power", and from the above given scenario is the case , then can anybody please advice me in your opinions, which Jurudiction likely does the court will decide either (J&K) or (Mumbai) ?

    Few more details about the Contract:

  1. In Tender they have mentioned in some places "J&K workmens act" and some places "Laws  of India" --- Sir(s) All i can see there are two laws mentioned in this contract, which will prevail while project in jammu kashmir & juridiction in Mumbai.
  2. If I go with J&K laws, then at the time of Court Proceedings if so happen, there are chances to face leagal difficulties.

Kindly advice me to take a final decision & To fine tunning my understanding with your esteemed Advices

Thanks in Advance.



Learning

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