SG
AO To Decide If Deloitte Haskins Is a Valid Partnership Firm
icl
Supreme Court on Jurisdiction Clauses
......the maxim ‘expressio unius est exclusio alterius’ — expression of one is the exclusion of another — may be applied.
AO To Decide If Deloitte Haskins Is a Valid Partnership Firm
icl
Supreme Court on Jurisdiction Clauses
A recent decision of the Supreme Court, Swastik Gases v. Indian Oil Corp. (Civil Appeal 5086 of 2013, decision dated July, 3, 2013), examines the position of Indian law dealing with exclusive jurisdiction clauses.
......the maxim ‘expressio unius est exclusio alterius’ — expression of one is the exclusion of another — may be applied.
“ As regards construction of the ouster clause when words like ‘alone’, ‘only’, ‘exclusive’ and the like have been used there may be no difficulty. Even without such words in appropriate cases the maxim ‘expressio unius est exclusio alterius’ — expression of one is the exclusion of another — may be applied. What is an appropriate case shall depend on the facts of the case…
Gist: If out of the two jurisdictions one was excluded by clause 11 it would not absolutely oust the jurisdiction of the court and, therefore, would not be void against public policy and would not violate Sections 23 and 28 of the Contract Act. 
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