Supreme Court of India · 1989-03-13
A.B.C. LAMINART PVT. LTD. & ANR. vs A.P. AGENCIES, SALEM
- Citation / case number
- SC 1982/63727
- Court
- Supreme Court of India
- Petitioner
- A.B.C. LAMINART PVT. LTD. & ANR.
- Respondent
- A.P. AGENCIES, SALEM
- Author
- K.N. SAIKIA
- Bench
- K.N. SAIKIA
Judgment text excerpt
The Supreme Court held that an agreement to oust the jurisdiction of all courts is unlawful and void as it contravenes public policy, citing the principle 'Ex dolo malo non oritur actio'. The Court clarified that jurisdiction depends on the situs of the contract and the cause of action arising from connecting factors. The appeal was dismissed, affirming the High Court's decision to allow the suit to proceed despite the appellants' objection regarding jurisdiction under the contract's clause 11, as it did not completely oust the jurisdiction of all courts.