Agencies (supra) do not
categorically hold that the ouster clause would also apply in the contracts
of employment and that the said judgment was given ... submission regarding the territorial jurisdiction of this
Court, there is an ouster clause in the contract in terms of which only the
courts in Greater
ouster clause is Clause 17 (wrongly mentioned as Clause 18) of the terms and conditions of the purchase orders. The ouster Clause 17 contained ... ouster clause it can be safely concluded that the said clause being vague and unambiguous, no firm conclusion can be made from the ouster clause
considered the issue arising from the use of words in an ouster clause restricting the place of suing to one of the courts having jurisdiction ... used in the ouster clause which makes such a clause unambiguous and specific. However, where the ouster clause is not clear and unambiguous, the intention
Pune, though there may be ancillary causes of action, the ouster clause in the purchase order will govern the proceedings between the parties. To substantiate ... therefore, submitted that in view of the clear and unambiguous ouster clause, the jurisdiction of the Court at Nagpur was totally taken away
Supra), in an exceptional case
being made out, despite the ouster clause 6 of the Supply / Purchase
Agreement, the suit shall still be maintainable before ... parties to the suit are not party to the agreement having ouster
clause, the suit before the Court of natural jurisdiction will still be
maintainable
particular court--Interpretation of clauses of such co
n-
tract-Ouster clause II--Interpretation and constructi
on
of--In particular:
Section 9- -Civil Procedure ... Code-Civil court--Jurisdi
c-
tion-Ouster of--Interpretation of clauses of contract.
Statutory Interpretation 'Ouster clause '--Construction of
.
Words and Phrases
that clause 18 of the agreement cannot be
construed as an ouster clause because the words like, ‘alone’, ‘only’,
‘exclusive’ and ‘exclusive jurisdiction’ have ... other courts should avoid
exercising jurisdiction. As regards construction of the ouster
clause when words like ‘alone’, ‘only’, ‘exclusive’ and the like
have been used
Electricity Board Vs. Universal Petrol Chemicals Limited on the issue of Ouster clause and has referred more particularly Para No.23 of the judgment wherein ... foregoing decisions it can be reasonably deducted that where such an ouster clause occurs, it
- 4 -
is pertinent to see whether there is unambiguous
Pune, though there may be ancillary cause of
action the ouster clause in the purchase order governs the
proceedings between the parties.
5. Reference ... moulds but it was given 4
moulds. There was no ouster clause in the said MoU and,
therefore, suit for breach of terms would
issues which we are required to address here is
whether the ouster clause in the agreement between the parties will
also be applicable in ascertaining ... foregoing decisions it can be reasonably
deduced that where such an ouster clause occurs, it is
pertinent to see whether there is ouster of jurisdiction
