Whether Agreement To Submit To Jurisdiction Of One Court Impliedly Ousts Jurisdiction Of All Other Courts? Punjab & Haryana HC Answers
2 days, 17 hours ago

Whether Agreement To Submit To Jurisdiction Of One Court Impliedly Ousts Jurisdiction Of All Other Courts? Punjab & Haryana HC Answers

Live Law  

The Punjab and Haryana High Court has made it clear that a party cannot invoke the alternative jurisdiction in a dispute once they have decided the territorial jurisdiction by way of entering into a valid contract. The bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said if the contract is validly executed wherein the parties have consensually conferred the jurisdiction of a court, then the party is "estopped from negating it." These observations were made while answering a reference question, “Whether the agreement to submit to the jurisdiction of one Court impliedly ousts the jurisdiction of all other Courts?” In the present case the parties had agreed in a contract that with respect to any suit, action or proceeding, they will "irrevocably" submit to the jurisdiction of the Bombay High Court. After examining the submissions, the Court found that the contract on which parties relied is "valid" and "thus for adjudicating any dispute as may emerge amongst them, but however obviously is to become made, subject to the apposite cause of action in whole or in part arising within the apposite consensually chosen adjudicatory jurisdictional venue." Reliance was placed on Hakam Singh V. Gammon India Ltd. wherein the Apex Court held that, "Where the contract specifies the jurisdiction of the courts at a particular place and such courts have jurisdiction to deal with the matter, we think that an inference may be drawn that parties intended to exclude all other courts.

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Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court
3 weeks, 5 days ago

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court

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The Gujarat High Court bench of Justice Divyesh A. Joshi has held that mere existence of arbitration clause in the agreement does not bar jurisdiction of the civil court automatically. Courts generally construe the provisions strictly when jurisdiction of the civil courts is claimed to be excluded.” It further observed that in ITI Ltd. vs. Siemens Public Communications Network Ltd.,, …

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1 month ago

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Live Law  

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Live Law  

The Punjab and Haryana High Court has imposed an exemplary cost of Rs.1 lakh on a litigant who repeatedly approached the court challenging a land acquired for development of Gurugram's sector 57.Despite the fact that the High Court had granted liberty to the Petitioner to approach the appropriate authority in first round of litigation, the petitioner filed SLP for second …

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8 months ago

Arbitral Tribunal Cant Go Outside Reference Order, Cannot Widen Its Jurisdiction By Dealing With Disputes Not Referred To It: Punjab And Haryana High Court

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The Punjab and Haryana High Court single bench of Justice Suvir Sehgal held that an Arbitral Tribunal cannot go outside the reference order by the Punjab State Electricity Regulatory Commission under Section 86 of the Electricity Act, 2003 and cannot widen its jurisdiction by dealing with disputes not referred to it. Observations by the High Court: The High Court noted …

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8 months ago

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Live Law  

The Madhya Pradesh High Court single bench of Justice Gajendra Singh held that when the government constitutes a proper dispute redressal system for resolution of any dispute between the parties, the party cannot directly approach the High Court and file a writ petition. Feeling aggrieved, the Petitioners approached the Madhya Pradesh High Court and filed a writ petition. The High …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
9 months, 4 weeks ago

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The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Arbitration Cases Weekly Round-Up: 4 September To 10 September, 2022
2 years, 3 months ago

Arbitration Cases Weekly Round-Up: 4 September To 10 September, 2022

Live Law  

Supreme Court: Arbitration Clause Has To Be Given Effect Even If It Does Not Expressly State That Decision Of Arbitrator Is Final & Binding On Parties: Supreme Court Case Title: Babanrao Rajaram Pund versus Samarth Builders & Developers Citation: 2022 LiveLaw 747 The Supreme Court observed that an arbitration clause has to be given effect even if it does not …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 8 months ago

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Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Delhi High Court Rules, Parties Under LLP Agreement Cannot Confer Jurisdiction On Courts
2 years, 10 months ago

Delhi High Court Rules, Parties Under LLP Agreement Cannot Confer Jurisdiction On Courts

Live Law  

A Single Bench of Delhi High Court of Justice Amit Bansal, has held that carrying of business in any place does not confer jurisdiction on courts to adjudicate a dispute inter se partners in an LLP. The counsel for the opposing partners/ petitioners before the High Court submitted that since the registered office of the LLP is located in Hyderabad, …

[Domestic Arbitrations] Settled That When Party Does Not Objection To Court's Territorial Jurisdiction, It Is Deemed As Waived: Bombay High Court
3 years, 9 months ago

[Domestic Arbitrations] Settled That When Party Does Not Objection To Court's Territorial Jurisdiction, It Is Deemed As Waived: Bombay High Court

Live Law  

The Bombay High Court on March 9, 2021 pronounced judgment on whether a person could raise objection to territorial jurisdiction of a Court under Section 42 of the Arbitration Act, 1996 at subsequent stages of proceedings, after initially submitting to litigation. Answering in the negative, Justice BP Colabawalla stated, ".it is now well settled that when an objection to the …

'District Judge Has Shown Undue Favour To Plaintiffs' : Punjab & Haryana HC Seeks Explanation From Judge; Transfers Case
4 years, 2 months ago

'District Judge Has Shown Undue Favour To Plaintiffs' : Punjab & Haryana HC Seeks Explanation From Judge; Transfers Case

Live Law  

In an extraordinary order, the Punjab and Haryana High Court has sought an explanation from a District Judge, after noting that the judge has shown undue favors to plaintiffs in a suit.The High Court made this observation in a petition filed by the State Bank of India challenging an order of interim injunction passed by District Judge, Nawanshahar, restraining the. …

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4 years, 3 months ago

"Present Matter Has Pan India Ramifications, This Court Has No Territorial Jurisdiction To Adjudicate The Same'[Read Jharkhand HC Order Dismissing Plea Against NLAT]

Live Law  

"The present matter has pan India ramifications and petitioners have failed to make out a strong ground so as to invoke the extraordinary writ jurisdiction of this Court which is otherwise plenary in nature, it would not be appropriate for this Court to interfere with the notice dated 03.09.2020 issued by NLSIU, Bengaluru", Jharkhand High Court said while dismissing the …

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