A.B.C. Laminart Pvt. Ltd. v A.P. Agencies (1989)

CPC & Limitation Act · Transfer of Cases (ss.22–25)

Facts.

A contract clause named the courts of one place; the parties disputed whether it excluded other competent courts.

Issue.

When does a contractual jurisdiction clause oust the jurisdiction of other otherwise-competent courts?

Held.

Where a clause confers jurisdiction on one competent court, it is presumed to exclude the others, especially where words like “only”, “alone” or “exclusive” are used; but it cannot create jurisdiction where none exists.

Why it matters.

The standard authority on reading ouster/jurisdiction clauses, building on Hakam Singh (Topic 7).

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