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issue arising from the use of words in an ouster clause restricting the place of suing ... alone', 'only' and 'exclusive' are used in the ouster clause which makes such a clause unambiguous and specific. However, where
Delhi High Court
- Cites 14 - Cited by 3 - Full Document
defendant applied for stay on the basis of the ouster clause. The court after considering the balance of convenience, stayed ... have jurisdiction in the matter in view of the ouster clause. The Assansol Court, however, entertained the application and held
Calcutta High Court
- Cites 8 - Cited by 6 - Full Document
decide the question of jurisdiction pursuant to an ouster clause it is necessary to construe the ousting expression or clause ... aforesaid decision let us now consider whether the ouster clause as mentioned above takes away the jurisdiction of this Court
Calcutta High Court
- Cites 20 - Cited by 1 - Full Document
Agencies (supra) do not categorically hold that the ouster clause would also apply in the contracts of employment and that ... territorial jurisdiction of this Court, there is an ouster clause in the contract in terms of which only the courts
Delhi High Court
- Cites 10 - Cited by 1 - Full Document
though there may be ancillary causes of action, the ouster clause in the purchase order will govern the proceedings between ... submitted that in view of the clear and unambiguous ouster clause, the jurisdiction of the Court at Nagpur was totally
Bombay High Court
- Cites 9 - Cited by 0 - Full Document
said application that the language of the ouster clause of the jurisdiction was absolutely clear and unambiguous and, therefore, there ... trial Court had not read the ouster clause properly and, in that, he contended that, in fact, the clause
Bombay High Court
- Cites 6 - Cited by 0 - Full Document
Salem (1989) 2 SCC 163 and submits that the ouster clause cannot be used as a means to defeat ... cannot now be heard to say that the ouster clause contained in those documents should not apply. If the plaintiff
Delhi High Court
- Cites 6 - Cited by 0 - Full Document
court--Interpretation of clauses of such co n- tract-Ouster clause II--Interpretation and constructi on of--In particular: Section ... Ouster of--Interpretation of clauses of contract. Statutory Interpretation 'Ouster clause '--Construction of . Words and Phrases 'Ex dolo malo
Supreme Court of India
- Cites 13 - Cited by 386 - Full Document
agreement cannot be construed as an ouster clause because the words like, ‘alone’, ‘only’, ‘exclusive’ and ‘exclusive jurisdiction’ have ... should avoid exercising jurisdiction. As regards construction of the ouster clause when words like ‘alone’, ‘only’, ‘exclusive’ and the like
Supreme Court of India
- Cites 30 - Cited by 35 - Full Document
respondent No. 1 had, by so participating, waived the ouster clause, namely, clause 7. It was further contended that ... decide the question of jurisdiction pursuant to an ouster clause, it is necessary to construe the ousting expression or clause
Delhi High Court
- Cites 31 - Cited by 17 - Full Document
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