Supreme Court of India

A.B.C. Laminart Pvt. Ltd. & Anr. v. A.P. Agencies, Salem

Neutral citation

Reported as [1989] 2 S.C.R. 1

Bench G.L. Oza and K.N. Saikia JJ.

Decided 13 March 1989

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that while connecting factor with Kaira jurisdiction was ensured by fixing the situs of the contract within Kaira, other jurisdictions having connecting factors were not clearly, unambig- uously and explicitly excluded.

Judgment, page 13

From the headnote

Sections 23 & 28-Indian Contract Act-Parties to contract agree to submit dispute to the jurisdiction of a particular court-Interpretation of clauses of such contract-Ouster clause 11-Interpretation and con struction of-In particular: Section 9-Civil Procedure Code-Civil court-Jurisdiction Ouster of-Interpretation of clauses of contract. Statutory Interpretation 'Ouster clause'~onstruction of. c Words and Phrases 'Ex dolo malo non oritur actio'-'expressio unus est exclusio alterius'-meatring of. The first appellant is a manufacturer and supplier of metallic yarn under the name and style

Where later benches applied it

2019 Raghwendra Sharan Singh v. Ram Prasanna Singh (dead) by Lrs relied on
2013 M/s. Swastik Gases P. Ltd. v. Indian Oil Corp. Ltd. relied on
2012 The Church of Christ Charitable Trust & Educational Charitable Society, Represented by its Chairman v. M/s Ponniamman Educational Trust Represented by its Chairperson/ Managing Trustee relied on
2025 Rakesh Kumar Verma v. Hdfc Bank Ltd. referred to
2015 Harmony Innovation Shipping Ltd. v. Gupta Coal India Ltd. &anr. referred to
2012 Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc. referred to
2012 A.V.M. Sales Corporation v. M/s. Anuradha Chemicals Pvt. Ltd. referred to
2011 M/s Interglobe Aviation Ltd. v. N. Satchidanand mentioned
2019 Maharashtra Chess Association v. Union of India & Ors. distinguished

Of those, 3 relied on · 1 distinguished · 4 referred to · 1 mentioned

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.