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
Tag: exclusive jurisdiction clause
Bar of Jurisdiction under Section 34 of SARFAESI Act
Almost every Special Legislation comes accompanied with a bar of jurisdiction, curtailing the powers of the Civil Courts to entertain the dispute which is determinable by the provisions of the Special Legislation. This article will examine the statutory bar of exclusive jurisdiction contained in Special Legislations with emphasis upon the bar envisaged in Section 34… Continue reading Bar of Jurisdiction under Section 34 of SARFAESI Act
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