Parties cannot by agreement confer jurisdiction on Court not possessed by it under the Code - But agreement that one of the Courts having such jurisdiction alone shall try dispute is not contrary to public policy

Citation

AIR 1971 SUPREME COURT 740

SUPREME COURT

(From Allahabad: ILR (1967) 1 All 707)

J. C. SHAH , C.J.I. and K. S. HEGDE , J.

Civil Appeal No. 646 of 1967, D/- 8 - 1 - 1971

Hakam Singh Appellant v. M/s. Gammon (India) Ltd Respondent.

(A)Civil P.C. (5 of 1908), S.20 - Parties cannot by agreement confer jurisdiction on Court not

possessed by it under the Code-But agreement that one of the Courts having such jurisdiction

alone shall try dispute is not contrary to public policy and does not contravene Section 28,

Contract Act. X Ref.:-Contract Act (9 of 1872), S.28 -

 (Para 3) 

(B)Civil P.C. (5 of 1908), S.20 Expln.II - Word "Corporation" in Expl. II includes not only

statutory Corporation but also company registered under Companies Act.

 (Para