Statutory Framework Article 226 (1) of the Constitution of India confers power upon the High Court to issue Writs to any person, authority, including any government, that are situated “within those territories” in relation to which it exercises its jurisdiction. A bare perusal of clause 1 of Article 226 postulates that the said provision provides… Continue reading Territorial Jurisdiction Under Article 226: Situs, Cause of Action, and a Critical Analysis of Baksish Ahmad vs UOI
Tag: cause of action
Validity of Exclusive Jurisdiction Clause and Law Governing Territorial Jurisdiction of Court for Filing of Suit
Section 15 to 20 of the Code of Civil Procedure, 1908 [“CPC”] covers ‘Place of Suing’ and dictates in which Court the Suit ought to be filed, depending on particular facts and circumstances. While Section 16 to 19 cover specific kind of Suits, viz. Suits pertaining to immovable property, Suit for compensation, etc. and provides… Continue reading Validity of Exclusive Jurisdiction Clause and Law Governing Territorial Jurisdiction of Court for Filing of Suit
Seat vs Venue in Arbitration: Determining the Juridical Seat and Supervisory Jurisdiction
Two significant judgments of the Supreme Court govern the law in this field of arbitration viz.- i. Bhatia International vs Bulk Trading [“Bhatia”] A three judge bench of the Supreme Court held that the provisions of part 1 of the Arbitration and Conciliation Act [“the Act”] shall also apply to all arbitrations held out of… Continue reading Seat vs Venue in Arbitration: Determining the Juridical Seat and Supervisory Jurisdiction