Contract
nishant gahlawat
(Querist) 02 September 2011
This query is : Resolved
respected sirs,in an agreement duly signed by both the parties.
a) one party mentions the court(jurisdiction)
where any future dispute will be entertained. is this clause binding on other party or cause of action will determine where the suit is to be instituted.
b)if the agreement is signed at a particular palace,then is it necessary that the stamp paper must belong to the same state or location of the property will decide the stamp paper.
Sailesh Kumar Shah
(Expert) 02 September 2011
a) mentioned jurisdiction will be consider subject to law.
b) yes,same state
ajay sethi
(Expert) 02 September 2011
if agreement is signed by both parties and contains a clause as to jurisdcition then it is binding upon both the parties . suit has to be instiuted only at place mentioned in agreement .
yes stamp paper has to be of same state
prabhakar singh
(Expert) 03 September 2011
When several courts deem to have jurisdiction parties can by agreement agree to confer jurisdiction upon one court but the clause should use the word "only"for conferring exclusive jurisdiction in a particular court place are the guide lines of case laws.
The stamp paper as well as agreement with respect to immovable property should be of state where property is situate.
