If the jurisdiction is decided then it cannot be deviated from. You have to be sued in Ahmedabad only. However, a criminal complaint for any offence committed by you can be filed by the aggrieved party where it can be filed according to the law of the land.
Machinery selling
We are basically seller of machines ...we do our business in many states of india .... in our invoices we write like SUBJECT TO ONLY AHMEDABAD JURISDICTION ....So...i want ask you that any buyer from outside can make complaint against us in their local courts or can be complaint only in ahmedabad..???
Asked 8 years ago in Civil Law
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12 Answers
1) since your contract contains clause subject to Ahmedabad jurisdiction all cases would have to be filed in Ahmedabad only
We are selling AgArbatti machines...we gave invoice copy to buyer in that it Write by us, Subject to only Ahmedabad jurisdiction... No contract signed between us... In that case i am asking if anyone complaint regarding anything of machines... Then case can be filed in Ahmedabad or also anywhere èlse..!?
Asked 8 years ago
We are basically seller of machines ...we do our business in many states of india ....
in our invoices we write like SUBJECT TO ONLY AHMEDABAD JURISDICTION ....So...i want ask you that any buyer from outside can make complaint against us in their local courts or can be complaint only in ahmedabad..???
Since the jurisdiction for civil disputes have been restricted to Ahmedabad alone, you can challenge the jurisdictional validity of the case if any suit filed outside the jurisdiction.
We are selling AgArbatti machines...we gave invoice copy to buyer in that it Write by us, Subject to only Ahmedabad jurisdiction... No contract signed between us... In that case i am asking if anyone complaint regarding anything of machines... Then case can be filed in Ahmedabad or also anywhere èlse..!?
You have repeated the same question in a different form but the answer is same, since jurisdiction has been properly mentioned, any suit filed outside jurisdiction is not maintainable.
The complaint can be filed by the buyers where the offence is committed, The jurisdiction decided by you is only in respect of civil and not criminal cases.
buyer has accepted delivery of goods as per bills raised by you
buyer never raised any grievance that he is not willing to accept Ahmedabad jurisdiction
3) hence it would be subject to Ahmedabad jurisdiction .
THANK YOU FOR ANSWER i want to ask one more thing is ..our company has only one office at ahmedabad; in nagpur city we didnt have any registered office but we have one person over there for installation of machines ..so we are just sending the machine from ahmedabad ..and all invoice is generated and given from ahmedabad ; even if sometimes buyer gives order for machines directly to person which is in nagpur so we dispatch the machine from ahmedabad ..and in all invoice we wrote SUBJECT TO ONLY AHMEDABAD JURISDICTION ..so if any civil case can be file ..can be filled only in ahmedabad or also can in nagpur as buyer order to my person at nagpur but we dispatch from ahmedabad and invoice also containts term SUBJECT TO ONLY AHMEDABAD JURISDICTION..! , (and also our office is registered at ahmedabad and no branch office is registered any where else )??????? We are not giving any delivery challan from nagpur
Asked 8 years ago
1) it would be subject to ahemdabad jurisdiction
It is the invoice and the printed conditions which will speak before court or law and not somebody's own interpretation of law or imaginary concept.
The invoice clearly states the jurisdiction which was agreed by the buyer therefore he is bound by the conditions he has agreed while purchasing the product.
Therefore is at all the buyer decides to file a suit in Nagpur, you may file a petition under order VII Rule 11 of CPC seeking to reject the plaint owing to jurisdictional issues
Thank you very much sir..i am very satisfied from your answer now one more final question is WE Wrote on our invoice like SUBJECT TO ONLY AHMEDABAD JURISDICTION .....Because we are making our invoice in tally software ....so we cant able to wrote like Subject to ahmedabad jurisdiction only ....so is there any problem because of this or is there any change of meaning ..? because only dose not follow jurisdiction .....or we need to change any how..?
Asked 8 years ago
The meaning of the phrase is same
You can rephrase it if possible as subject to exclusive justification of courts at Ahmedabad only
The endorsement 'SUBJECT TO AHMEDABAD JURISDICTION' has to be made in all the invoices to the party to make the meaning of the condition effective.
What is the taly doing with the printed invoice forms.
The printed invoice forms can contain the said wordings which is an authentic proof.
If you have used the word only either before or after ''Ahmedabad Jurisdiction'' then the civil jurisdiction shall vest in only the competent court in Ahmedabad.
As I said before, the jurisdiction of the criminal courts is not ousted or regulated because of the jurisdiction clause.