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Cases cited for the legal proposition you have searched for.

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1

...". 8. In this very decision (viz. Gulf Oil Corp.) the doctrine is stated as follows: "The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even where jurisdiction is authorised by the letter of a general venue statute. These...opinion that the London Court of International Arbitration was a forum non-conveniens particularly on account of the fact that the parties, except one of the defendants, were carrying on business in...India according to Indian laws. The learned Single Judge was of the opinion that simply by having the Arbitral Tribunal located at London, it became forum non-conveniens and, therefore, the...


Court: Delhi High Court
Date: Jul 21, 2016 Cited By: 5 Coram: 2
2

...Supreme Court in Gulf Oil Corporation v. Gilbert: 330 U.S 501:“The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even where jurisdiction is authorised by the letter of a general venue statute. These...exercise its jurisdiction by invoking the doctrine of forum non conveniens. In the present case, when it is found that the appellate authority, whose decision was challenged in this Court, is located...has been stated in Ambica Industries (supra) and Adani Exports Ltd. (supra)”. The High Court is required to scrutinize the matter for the application of doctrine of forum conveniens (or forum non...


Court: Delhi High Court
Date: Feb 17, 2012 Cited By: 21 Coram: 3
3

...: "The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even where jurisdiction is authorised by the letter of a general venue statute. These...or Section 25 CPC as the case may be. Therefore, in India, the statute provides for situations where the common law equitable principles of forum non conveniens and the like would be...Tribunal. The learned Single Judge was also of the opinion that the London Court of International Arbitration was a forum non-conveniens particularly on account of the fact that the parties...


Court: Delhi High Court
Date: Jul 21, 2016 Cited By: 0 Coram: 2
4

...appropriately conducted in a foreign Tribunal. The principle of forum non conveniens is set out to simply mean that a Court may resist imposition upon its jurisdiction even when jurisdiction is authorized by the letter of a general venue statute since...mistake of venue.”In this very decision (viz. Gulf Oil Corp.) the doctrine is stated as follows:The principle of forum non conveniens is simply that a Court may resist imposition upon its jurisdiction even where jurisdiction is authorised by the letter of a general venue statute. These...made to the principle of forum non conveniens. Some of them are in the context of exercising writ jurisdiction while others are in the context of a foreign forum. Every judgment is not to be treated as a precedent nor every passing sentence in a judgment is to be read as a provision in a statute.81...


Court: Delhi High Court
Date: Oct 23, 2009 Cited By: 20 Coram: 2
5

...Order VII Rule 11 of the Civil Procedure Code. The principles of forum non conveniens, if applied to civil suit proceedings, would leave the plaintiff in the dark, as more...conveniens. It is really not convenience, but appropriateness or suitability of the forum. The non-applicability of the doctrine of forum conveniens is limited to the consideration of the position...assailed in the present appeal.3. The impugned order is predicated on the principle of forum conveniens. The learned Single Judge took note of the fact that there was no allegation of any...


Court: Madras High Court
Date: Dec 4, 2014 Cited By: 30 Coram: 3
6

...Supreme Court, while dealing with the doctrine of forum non-conveniens in the case of Gulf Oil Corporation v. Gilbert17held that:- 16 [2006] UKHL 47. 17 330 U.S. 501. 17 "The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even where jurisdiction is authorised by the letter of a general venue statute. These...: (i) Article 226(2) does not take away the right of a High Court to dismiss a case on grounds of forum non-conveniens. The principles of forum non-conveniens and that...concept of forum non- conveniens applies." 15. The aforenoted conclusions in Bharat Nidhi can be illustratively explained while taking the...


Court: Delhi High Court
Date: Oct 7, 2024 Cited By: 3 Coram: 1
7

...principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even where jurisdiction is authorised by the letter of a general venue statute. These..., we may also refer to the doctrine of forum non conveniens which can be applied in matrimonial proceedings for advancing interest of justice. Under the said doctrine, the court...the right of a High Court to dismiss a case on grounds of forum non- conveniens. The principles of forum non-conveniens and that of Article 226(2) operate in different field...


Court: Delhi High Court
Date: Oct 8, 2024 Cited By: 1 Coram: 1
8

...Supreme Court in Gulf Oil Corporation v. Gilbert: 330 U.S 501:“The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even where jurisdiction is authorised by the letter of a general venue statute. These...the concept of forum non conveniens. Elaborating his arguments, Mr. Jha submits that the scope of the present proceedings is extremely limited. He states that the advice of the Ministry of Home...have the jurisdiction to entertain the present petition.6.9 With regard to the submission made by the counsel for the applicant with respect to forum conveniens. Counsel for the non...


Court: Delhi High Court
Date: Dec 6, 2016 Cited By: 4 Coram: 2
9

...consolidated and Judge Keenan by his order dated May 12, 1986, dismissed them on the ground of forum non conveniens subject, inter alia, to the following conditions:(1) Union Carbide shall consent to submit to the jurisdiction of the courts of India and shall continue to waive defences based on the statute of...exercise of rights as shareholder permitted by law.38. The UCC also resisted the choice of the American forum on the plea of forum non-conveniens. Union of India sought to...substantive and procedural and a comparison of the rights, remedies and procedure available under the competing alternative forums. The nature and scope of a defendant's plea of forum non-conveniens...


Court: Supreme Court Of India
Date: Oct 3, 1991 Cited By: 1736 Coram: 3
10

...." 36. Furthermore, the United States Supreme Court, while dealing with the doctrine of forum non-conveniens in the case of Gulf Oil Corporation v. Gilbert17held that:- 16 [2006] UKHL 47. 17 330 U.S. 501. 17 "The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even where jurisdiction is authorised by the letter of a general venue statute. These...: (i) Article 226(2) does not take away the right of a High Court to dismiss a case on grounds of forum non-conveniens. The principles of forum non-conveniens and...concept of forum non- conveniens applies." 15. The aforenoted conclusions in Bharat Nidhi can be illustratively explained while taking the...


Court: Delhi High Court
Date: Oct 7, 2024 Cited By: 0 Coram: 1
11

...to exercise the jurisdiction. The principle of forum non-conveniens originated as a principle of international law, concerned with Comity of Nations. A domestic court in which jurisdiction is vested by...cause of action arose within the jurisdiction thereof.29. The High Courts, however, must remind themselves about the doctrine of forum non conveniens also. [See...plea of cause of action or forum conveniens was not given acceptance by the Apex Court in Election Commission, India v. Saka Venkata Rao...


Court: Delhi High Court
Date: Aug 1, 2011 Cited By: 180 Coram: 5
12

...judgment of US Supreme Court in Gulf Oil Corporation v. Gilbert: 330 U.S. 501: "The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even where jurisdiction is authorised by the letter of a general venue statute. These.... We have considered the above suggestions. In this respect, we may also refer to the doctrine of forum non conveniens which can be applied in matrimonial proceedings for advancing...226(2) does not take away the right of a High Court to dismiss a case on grounds of forum non- conveniens. The principles of forum non-conveniens and that of Article 226(2...


Court: Delhi High Court
Date: Oct 8, 2024 Cited By: 0 Coram: 1
13

...is stated as follows: The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even where jurisdiction is authorised by the letter of a general venue statute. These...regard to upholding the decision of the Delhi High Court in dismissing the writ petition. But, invocation of the doctrine of forum conveniens or forum non conveniens (as it is more common and...): para 30]. 35. Some comment is called for on the issue of forum conveniens (or forum non conveniens as it is more commonly known). The principle was stated by Lord Kinnear in Sim v...


Court: Delhi High Court
Date: Jul 2, 2007 Cited By: 5 Coram: 1
14

...submission the English Court is a forum non-conveniens as the appellants have to take all the witnesses to London which would cause great inconvenience and economic loss and unless the court grants...the convenience of the parties and may grant anti-suit injunction in regard to proceedings which are oppressive or vexatious or in a forum non-conveniens.(3) Where...court be said to be forum non-conveniens.(7) The burden of establishing that the forum of choice is a forum non-conveniens or the proceedings therein are oppressive or...


Court: Supreme Court Of India
Date: Jan 21, 2003 Cited By: 205 Coram: 2
15

...order of Judge Keenan, dated May 12, 1986 whereby he had dismissed the case before him on the ground of forum non conveniens, as mentioned before. The conditions were the following:(1) That UCC shall consent to the jurisdiction of the courts of India and shall continue to waive defenses based on the statute of...of Claims) Scheme, 1985 (hereinafter called ‘the Scheme’).8. On May 12, 1986 an order was passed by Judge Keenan allowing the application of UCC on forum non conveniens as...allowing the motion for forum non conveniens of the UCC that the suit came back to India and was instituted before the District Court of Bhopal. In those circumstances, it was urged by the learned...


Court: Supreme Court Of India
Date: Dec 22, 1989 Cited By: 640 Coram: 5
16

...jurisdiction in such a matter. If the cause of action arises in part within the specified areas in Oudh it would be open to the litigant who is the dominus litis to have his forum conveniens. The..., (1961) 2 SCR 828 has, thus, no application.Forum conveniens30. We must, however, remind ourselves that even if a small part of...merit. In appropriate cases, the Court may refuse to exercise its discretionary jurisdiction by invoking the doctrine of forum conveniens. [See Bhagat Singh Bugga v. Dewan Jagbir Sawhney...


Court: Supreme Court Of India
Date: Apr 28, 2004 Cited By: 1646 Coram: 3
17

... 17 [1906] 1 K.B. 141. 26 doctrine of forum non-conveniens in the case of Gulf Oil Corporation v. Gilbert,19 held that :- "The principle of forum non conveniens is simply that a court may resist imposition upon its jurisdiction even where jurisdiction is authorised by the letter of a general venue statute. These...jurisdiction and/or alternatively, on the ground of forum non-conveniens. The issue involved is common in both the writ 2... Commissioner3to contend that in the absence of any plea of forum non- conveniens, the rejection of the writ petition would not be proper. While...


Court: Delhi High Court
Date: Dec 19, 2023 Cited By: 0 Coram: 1
18

... 80. We have found that there have been some passing references made to the principle of forum non conveniens. Some of them are in the context of exercising writ jurisdiction while others are in the context of a foreign forum. Every judgment is not to be treated as a precedent nor every passing sentence in a judgment is to be read as a provision in a statute. xxx...rejection including lack of disclosure of cause of action; forum non conveniens; non-maintainability of the suit under Section 84 of the CPC on account of plaintiff's lack of locus to...the cause of action is assumed to have arisen within the jurisdiction of this Court, this Court must decline to exercise its jurisdiction invoking the doctrine of forum non-conveniens, as the...


Court: Delhi High Court
Date: Sep 2, 2026 Cited By: 0
19

...to determine the lis sought to be raised in the writ petition. It is, accordingly, dismissed as not maintainable on account of forum non- conveniens. The petitioners may prefer redressal of their...dated 01.08.2011 passed in WP(C) No. 6570/2010, titled: Sterling Agro Industries Ltd. vs Union of India & Ors., which held as under: ..... 31. The concept of forum conveniens...applicability of the doctrine of forum conveniens while opining that arising of a part of cause of action would entitle the High Court to entertain the writ petition as maintainable. 32...


Court: Delhi High Court
Date: Sep 9, 2016 Cited By: 1 Coram: 1
20

...territorial jurisdiction qua relief prayers (i), (ii) and (iv).4. Also, even assuming that this Court has territorial jurisdiction this Court is a Court of forum non-conveniens because entire...lack of territorial jurisdiction and in any case by applying the doctrine of forum non-conveniens so far as Courts in Delhi are concerned.6. So far as relief prayer no. (iii) is concerned...concerned, yet, this Court will be a Court of forum non-conveniens, inasmuch as, it cannot be accepted that thousands of employees of Uttar Pradesh who would be vitally interested in this writ petition's...


Court: Delhi High Court
Date: Feb 13, 2017 Cited By: 1 Coram: 1

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