Court of law in case of international transaction
ARIF AHMAD
(Querist) 23 November 2018
This query is : Resolved
Hi Members,
need support in understanding, as which country law to be accepted as terms of Contract against supply of Machine to the Customer in Florida and We are in India (Supplier).
Vijay Raj Mahajan
(Expert) 23 November 2018
Indian law for contract entered in India.
Kumar Doab
(Expert) 23 November 2018
The legal cell of the establishment or counsel approached by establishment that has copy of the agreements (that may have exclusive jurisdiction clause, arbitration clause, where agreement was signed etc etc ) would have opined on the matter.
The OP is to prove that (adequate) legal remedy exist in foreign court.
Kumar Doab
(Expert) 23 November 2018
IN the meantime you may go thru and pick up relevant points ;
The Indian Contract Act, 1872; 28
https://indiankanoon.org/doc/1224074/
Supreme Court of India
Indus Mobile Distribution Pvt. ... vs Datawind Innovations Pvt. Ltd. ... on 19 April, 2017
Author: …………………………………..J.
Bench: Pinaki Chandra Ghose, Rohinton Fali Nariman
https://indiankanoon.org/doc/75853915/
Supreme Court of India
M/S Swastik Gases P.Ltd vs Indian Oil Corp.Ltd on 3 July, 2013
Author: R Lodha
Bench: R.M. Lodha, Madan B. Lokur, Kurian Joseph
https://indiankanoon.org/doc/23112747/
Supreme Court of India
British India Steam Navigation ... vs Shanmughavilas Cashew ... on 13 March, 1990
Equivalent citations: 1990 SCR (1) 884, 1990 SCC (3) 481
Author: K Saikia
Bench: Saikia, K.N. (J)
https://indiankanoon.org/doc/1933943/
Supreme Court of India
Enercon (India) Ltd And Ors vs Enercon Gmbh And Anr on 14 February, 2014
Author: ………………………………..J.
Bench: Surinder Singh Nijjar, Fakkir Mohamed Kalifulla
https://indiankanoon.org/doc/146487961/
Kumar Doab
(Expert) 23 November 2018
OR You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Company/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL; CLB/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
If stakes are high in matter posted by you, and you are not properly informed then you should not hesitate to engage a very able counsel/Law firm specializing in such matters. The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
Kumar Doab
(Expert) 23 November 2018
Apparently stakes are high in matter posted by you, and you should not hesitate to engage a very able LOCAL counsel/Law firm specializing in such matters.
Sudhir Kumar, Advocate
(Expert) 24 November 2018
This forum cannot solve riddles.
where contract took place?
where consideration transferred?
where contract is executed.?
Dr J C Vashista
(Expert) 25 November 2018
Commercial query.
Your company can afford to consult and engage a prudent lawyer.
