Hakam Singh v Gammon (India) Ltd. (1971)

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

Facts.

A contract provided that disputes would be subject to the jurisdiction of the courts of a particular city, though more than one court otherwise had jurisdiction.

Issue.

Can parties by agreement confine their disputes to one of several courts that have jurisdiction?

Held.

Where two or more courts have jurisdiction, an agreement to submit disputes to one of them is valid and not opposed to public policy; parties cannot, however, confer jurisdiction on a court that has none.

Why it matters.

The foundation of “jurisdiction clauses” in commercial contracts and a key place-of-suing authority.

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