What is CPC forum convenience?
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What is CPC forum convenience?
Forum non conveniens (Latin: “inconvenient forum” or “inappropriate forum”) (“FNC”) has been explained by Indian courts as a discretionary power of the courts to not entertain a matter on the grounds that there exists a more appropriate court of competent jurisdiction, which would be in a better position to decide the …
What does Forum mean in civil procedure?
Primary tabs. A forum is a public place, especially one devoted to debate or public speech; a place of speech. Forum may also refer to the jurisdiction and court or other tribunal in which a dispute is heard. [Last updated in July of 2021 by the Wex Definitions Team] courts.
What is a forum court?
A court of justice where disputes are heard and decided; a judicial tribune that hears and decides disputes; a place of jurisdiction where remedies afforded by the law are pursued.
What is non judicial forum?
Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case. This dismissal does not prevent a plaintiff from re-filing his or her case in the more appropriate forum. See Res Judicata.
Is forum shopping legal in India?
It refers to the practice adopted by some litigants of having their case heard in the court which is most likely to provide a favorable judgment. In India, so-called forum shopping is not permitted as such. However, the existence of tangled procedural laws makes forum shopping in India quite common.
What is forum shopping in private international law?
Forum shopping is an offended party’s choice to file a claim in one court as opposed to another accessible court. Forum shopping happens when an offended party picks between at least two courts within a single country’s legal system.
What is the forum of a contract?
A clause known as a “forum selection clause” is a provision commonly included in written commercial contractual agreements. Its purpose is to embody the contracting parties’ agreement on where a dispute will be litigated.
What is suo moto?
Suo Moto, meaning “on its own motion” is an Indian legal term, approximately equivalent to the English term SuaSponte. to the public is power given in the hands of the citizens.
What is forum shopping why forum shopping is prohibited?
It is an act of malpractice that is prohibited and condemned because it trifles with the courts and abuses their processes. It degrades the administration of justice and adds to the already congested court dockets.”