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march 1989

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.

A.B.C. LAMINART PVT. LTD. & ANR. vs A.P. AGENCIES, SALEM · Niyam