Clause in Agreement
Subodh
(Querist) 03 February 2009
This query is : Resolved
While vetting an agreement for services, the following clause appeared in it which reads:
The Parties further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement.
How far is this clause acceptable?
What is jury here? Is it applicable in India
Manish Singh
(Expert) 03 February 2009
Dear Subhodh,
the said clause is void under Indian legal system. the Indian Contract Act bars such agreements which completely restricts rights of a party to sue nder contracts. so dont worry jst go head with the contract since that clause would not have any legal binding force in India in spit of being agreed by the parties.
ARVIND JAIN
(Expert) 04 February 2009
ITS NOT FOR INDIA.
arunprakaash.m.
(Expert) 04 February 2009
jury system has been abolished in india. you can opt for arbitration clause.
Murali Krishna
(Expert) 05 February 2009
Manish has rightly explained your query. Such a clause has no sanctity in the eye of law being contrary to indian Contract Act.
M. PIRAVI PERUMAL
(Expert) 05 February 2009
I agree with the views of my learned friends.
