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A Critique On The Territorial Jurisdiction Of Courts In India

LexForti

Furthermore, the aforementioned provision also stipulates that the suit may also be filed before the court within the local limits of the opponent, wherein a part or the whole of the cause of action is witnessed to arise. Where part or whole of the cause of action arises. In the case of A.B.C. Laminart Private Limited v.

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Title: How to Sue Flipkart/Amazon: Legal Remedies for Defective Products and Poor Service

LexForti

Drafting the complaint: You need to draft a complaint specifying the facts necessary to establish your cause of action. For claims above INR 10 crores, the complaint can be filed with the National Consumer Disputes Redressal Commission.

Legal 52
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Relevance of Indian Limitation Law vis-à-vis Foreign-seated International Arbitration With Indian Law As The Applicable Substantive Law

Conflict of Laws

This distinction was affirmed by the DHC in the NNR Global Logistics case, which concerned the enforcement of a foreign award where the seat of arbitration was Kuala Lumpur and the applicable substantive law of the contract was Indian law. Indeed, this is the prevalent position in the civil law jurisdictions.

Laws 98
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Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

LexForti

The general principle that amendment of pleadings cannot be allowed so as to alter materially or substitute cause of action or the nature of claim applies to amendments to plaint. As stated before, a pleading can be both plaint and written statements. The reason was stated as.

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UK Supreme Court in Jalla v Shell: the claim in Bonga spill is time barred

Conflict of Laws

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. They rule that the cause of action had accrued at the moment when the spilled oil had reached the shore. This was a one-off event and not a continuing nuisance.

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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough.