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32. For answer to the above question, we have to see the
effect of the jurisdiction clause in the agreement which
provides that the agreement shall be subject to jurisdiction of
the courts at Kolkata. It is a fact that whilst providing for
jurisdiction clause in the agreement the words like "alone",
"only", "exclusive" or "exclusive jurisdiction" have not been
used but this, in our view, is not decisive and does not make
any material difference. The intention of the parties--by
having Clause 18 in the agreement--is clear and
unambiguous that the courts at Kolkata shall have
jurisdiction which means that the courts at Kolkata alone
shall have jurisdiction. It is so because for construction of
jurisdiction clause, like Clause 18 in the agreement, the
maxim expressio unius est exclusio alterius comes into play
as there is nothing to indicate to the contrary. This legal
maxim means that expression of one is the exclusion of
another. By making a provision that the agreement is subject
to the jurisdiction of the courts at Kolkata, the parties have
impliedly excluded the jurisdiction of other courts. Where the
contract specifies the jurisdiction of the courts at a particular
place and such courts have jurisdiction to deal with the
matter, we think that an inference may be drawn that parties
intended to exclude all other courts. A clause like this is not
hit by Section 23 of the Contract Act at all. Such clause is
neither forbidden by law nor it is against the public policy. It
does not offend Section 28 of the Contract Act in any manner.