Rough Draft

Chapterization Plan
 Introduction
As per the section 28 of the Indian Contract Act, parties cannot by private agreement
confer upon a court jurisdiction which it does not possess, nor can they divest a court of
jurisdiction which it possesses under the ordinary law. It can be said that where two
courts have a jurisdiction to try a case, there is nothing contrary to law in an agreement
between parties that disputes between them should be tried at the one court rather than
the other. However, it is specifically forbidden that an agreement cannot confer
jurisdiction on the court which has no jurisdiction at all to entertain such suit

 Types of Jurisdiction
1. Subject matter jurisdiction.
2. Territorial jurisdiction.
3. Pecuniary jurisdiction.
4. Original jurisdiction.
5. Appellate jurisdiction

 Jurisdiction of courts in civil cases under English law

 Laws of foreign countries need to be proved in a court of law by production of relevant
evidence. So in case of foreign jurisdiction clauses excluding jurisdiction Indian Courts,
the defendant has to prove by production of documentary and other evidence that the
foreign country referred to in the contract in fact has laws which provide adequate legal
remedy to him. In case of domestic contracts since the court already takes judicial notice
of the laws, it will only check if the other court in India is competent to try to the suit or
not. If the other court is competent to try the suit it will not further entertain the suit
arising from the contract.

 Jurisdiction of courts in Indian Law

By Clause 13 of the agreement between the parties it was expressly stipulated between
the parties that the contract shall be deemed to have been entered into by the parties
 concerned in the City of Bombay. It is not open to the parties by agreement to confer by
their agreement jurisdiction on a Court which it does not possess under the Code. But
where two courts or more have under the CPC jurisdiction to try a suit or proceedings an
agreement between the parties that the dispute between them shall be tried in one of such
Courts is not contrary to public policy. Such an agreement does not contravene Section
28 of the Contract Act.”

 Lack of Jurisdiction
It would be a case of “lack of jurisdiction” where the tribunal or authority has no
jurisdiction at all to pass an order. Court may review an administrative action on the
ground that the authority exercised jurisdiction which did not belong to it. 

 Case Laws
Delhi clothes mill co. V. Harnam singh
1. Other case laws
R vs. Richmond upon Thames Council ex parte McCarthy & Stone
Ltd
Syed Yakoob vs. K.S. Radhakrishnan
H Lavender & Sons Ltd vs. Minister of Housing & Local Government

 Conclusion
Civil court has jurisdiction to investigate whether tribunal and quasi-judicial bodies or
legal executive acted within their jurisdiction. It can be presumed that section 9
essentially deals with the issue of the civil court’s jurisdiction to consider a matter. Civil
court has jurisdiction to consider a suit of civil nature except when it’s notification is
expressly barred or bared by significant suggestion. Civil court has jurisdiction to resolve
the problem of its jurisdiction.