Relevant bibliographies by topics / Conflict of laws - Jurisdiction - India

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  2. Dissertations / Theses
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Academic literature on the topic 'Conflict of laws - Jurisdiction - India'

Author: Grafiati
Published: 4 June 2021
Last updated: 10 February 2022

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Journal articles on the topic "Conflict of laws - Jurisdiction - India"

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Eesa A Fredericks. "Contractual Capacity and the Conflict of Laws in Common-Law Jurisdictions (Part 2): Australasia, North America, Asia and Africa." Obiter 41, no. 1 (April 1, 2020): 10–44. http://dx.doi.org/10.17159/obiter.v41i1.10546.

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This series of two articles provides a comparative overview of the position in common-law jurisdictions on the conflict of laws in respect of the contractual capacity of natural persons. The comparative study is undertaken in order to provide guidelines for the future development of South African private international law. Reference is primarily made to case law and the opinions of academic authors. The legal position in the law of the United Kingdom, as the mother jurisdiction in Europe, was investigated in part 1.1 Although Scotland is a mixed civil/common-law jurisdiction, the situation in that part of the United Kingdom was also discussed.Part 2 deals with the rules and principles of private international law in respect of contractual capacity in Australasia (Australia and New Zealand), North America (the common-law provinces of Canada and the United States of America), Asia (India, Malaysia and Singapore) and Africa (Ghana and Nigeria). This part also contains a comprehensive summary of the legal position in the common-law countries, followed by ideas for the reform of South African private international law in this regard.
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CHATTERJEE, NANDINI. "Religious change, social conflict and legal competition: the emergence of Christian personal law in colonial India." Modern Asian Studies 44, no. 6 (April 21, 2010): 1147–95. http://dx.doi.org/10.1017/s0026749x09990394.

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AbstractOne of the most contentious political issues in postcolonial India is the unfulfilled project of a ‘uniform civil code’ which would override the existing ‘personal laws’ or religion-based laws of domestic relations, inheritance and religious institutions. If the personal laws are admitted to be preserved (if somewhat distorted) remnants of ‘religious laws’, then the legitimacy of state intervention is called into question, especially since the Indian state claims to be secular. This paper, by discussing the history of the lesser-known Christian personal law, demonstrates that this conundrum is of considerable heritage. From the earliest days of British imperial rule in India, the quest to establish a universal body of law conflicted with other legal principles which upheld difference: that of religion, as well as race. It was the historical role of Indian Christians to occasion legal dilemmas regarding the jurisdictions of British and ‘native’ law, and concurrently about the identity of people subject to those different laws. In trying to discover who the Indian Christians were, and what laws ought to apply to them, British judges had perforce to reflect on who the ‘British’ were, whilst also dealing with conflicting collective claims made by Hindus, Muslims, Parsis, and Christians themselves about their own identity and religious rights. The Indian Christian personal law was an unintended by-product of this process, a finding which throws light both on the dynamics of colonial legislation, and on the essentially modern nature of Indian personal laws.
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Totterdale, Robert L. "Globalization and Data Privacy." International Journal of Information Security and Privacy 4, no. 2 (April 2010): 19–35. http://dx.doi.org/10.4018/jisp.2010040102.

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Global organizations operate in multiple countries and are subject to both local and federal laws in each of the jurisdictions in which they conduct business. The collection, storage, processing, and transfer of data between countries or operating locations are often subject to a multitude of data privacy laws, regulations, and legal systems that are at times in conflict. Companies struggle to have the proper policies, processes, and technologies in place that will allow them to comply with a myriad of laws which are constantly changing. Using an established privacy management framework, this study provides a summary of major data privacy laws in the U.S., Europe, and India, and their implication for businesses. Additionally, in this paper, relationships between age, residence (country), attitudes and awareness of business rules and data privacy laws are explored for 331 business professionals located in the U.S and India.
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Pradhan, David, and Haris Haris. "Religious tolerance in multifaith democracies: a comparative legal study of Indonesia and India." Legality : Jurnal Ilmiah Hukum 29, no. 1 (February 2, 2021): 46–62. http://dx.doi.org/10.22219/ljih.v29i1.14694.

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This exploratory research Article, based on secondary sources, undertakes a comparative legal study of the Constitutional and statutory provisions as well as recent jurisprudential developments in India and Indonesia for the promotion of religious tolerance in the two diverse, multifaith democracies with a history of social conflict and highly contested religious politics. By adopting the functional method for the comparative legal analysis of the two jurisdictions from Civil Law (Indonesia) and Common Law (India) traditions, the implemental convergence and functional equivalence of the penal laws for preventing communalism and promoting inclusivity and religious amity among the different religious communities in the two States has been elucidated. At the same time, the conceptual and doctrinal differences in jurisprudential understanding of the content, extent, and mechanism for preserving inter-faith amity in the two jurisdictions have been posited to be the result of the divergences in the post-colonial historical trajectories of the two States
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Rogerson, Pippa. "CONFLICT OF LAWS – FOREIGN COPYRIGHT JURISDICTION." Cambridge Law Journal 69, no. 2 (June 11, 2010): 245–47. http://dx.doi.org/10.1017/s0008197310000437.

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Rogerson, Pippa. "ECONOMIC TORTS IN THE CONFLICT OF LAWS." Cambridge Law Journal 76, no. 2 (July 2017): 240–43. http://dx.doi.org/10.1017/s0008197317000496.

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IN AMT Futures Ltd. v Marzillier [2017] UKSC 13; [2017] 2 W.L.R. 853, the Supreme Court had to decide where a “harmful event” occurred in order to determine whether the English court had jurisdiction over the defendant, Marzillier, a German lawyer. AMT brought an action in England against Marzillier for inducing breaches of contracts made between AMT and their European clients. Although the client contracts contained an exclusive jurisdiction clause in favour of the English courts, Marzillier had encouraged the clients to bring actions against AMT in Germany. The claims were made under German law of delict alleging that AMT were accessory to the bad investment advice given by the clients’ brokers. The brokers were insolvent. The German claims were brought directly against AMT and AMT settled. It had lost on the jurisdiction question in Germany because the exclusive jurisdiction clause did not bind the clients. They were consumers. Additionally, the actions were in tort and therefore did not fall within the scope of the clause. AMT brought this action in England after paying over £2m in settlement and costs in Germany. AMT argued that Marzillier had deprived AMT of the benefit of the contractual exclusive jurisdiction agreement by inducing the clients to sue in Germany. Marzillier, a defendant domiciled in Germany, could only be sued in England if the harmful event occurred here. Lord Hodge J.S.C., giving a beautifully clear judgment, held that the case could not be heard in England. England was not the place where the harm occurred, despite payment out of an account in England and the alleged breach of the exclusive English jurisdiction agreement. He held that Germany was the place where the harm occurred under what is now Article 7(2) (ex Article 5(3)) of the Brussels I Regulation Recast (Regulation EC No 1215/2012).
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Nzunda, Matembo. "Criminal Law in Internal Conflict of Laws in Malaŵi." Journal of African Law 29, no. 2 (1985): 129–46. http://dx.doi.org/10.1017/s0021855300006641.

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Malaŵi has two sets of courts which run completely parallel to each other. One set forms the Judicial Branch of the Government and consists of magistrates’ courts (which have original civil and criminal jurisdiction only), the High Court (which has unlimited original and appellate civil and criminal jurisdiction) and the Supreme Court of Appeal (which has original criminal jurisdiction for contempt of court but otherwise has appellate civil and criminal jurisdiction). The Supreme Court of Appeal is a final appellate court in this set of courts. These courts are here called Received Courts because they apply the received (English) common law as the basic law.The other set of courts is a section of the Ministry of Justice (which is part of the Executive Branch of the Government). The set consists of Traditional Courts of Grades A and B, the Traditional Appeal Courts (which hear and determine appeals from Traditional Courts of Grades A and B), District Traditional Courts, Regional Traditional Courts and the National Traditional Appeal Court (which hears and determines appeals from Traditional Appeal Courts, District Traditional Courts and Regional Traditional Courts). The civil and criminal jurisdiction of Traditional Courts is set out in the warrant establishing the Court and is supplemented from time to time by published ministerial orders under the authority of the Traditional Courts Act (the 1962 Act). The National Traditional Appeal Court is a final appellate court in this set of courts.
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Dmitrieva, G. K., and O. V. Lutkova. "NATIONAL MECHANISMS OF REGULATION OF CROSS-BORDER COPYRIGHT RELATIONS AIMED AT PROTECTION OF ORPHAN WORKS." Lex Russica, no. 11 (November 22, 2019): 18–29. http://dx.doi.org/10.17803/1729-5920.2019.156.11.018-029.

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The article has investigated the mechanisms of the national (both legal and non-legal) regulation of orphan works, i.e. works the holder (holders) of rights to which is (are) not identified and/or the location of the rights-holder is not established. Orphan works are supposedly protected by copyright, which means the validity of exclusive rights and the potential need to obtain permission from the copyright holder for any form of using the works under consideration, namely: reproduction including digitization, translation, processing, etc. However, in a situation where the right holder is not determined (is unavailable), the user does not have an objective opportunity to obtain such a permission, and the work actually remains unknown to the society, although it can be of artistic, cultural or historical value. Since the beginning of the new millennium, the national legal systems of a number of States have establish a special regime for the legal protection of orphan works, and about 20 states of the world have developed the foundations of such a regime so far. The article analyzes the regulation of orphan works in several states — in the EU and its member states, Great Britain, the USA, Canada, Korea, Japan, India. The authors have determined the foundations of the substantive and conflict of laws regulation of cross-border relations regulating orphan works. Features of regulation of works with an unidentified author in the era of a network society are highlighted: in particular, the need to digitize orphan works, since many of them are in a single copy on the medium ruined by time, and the fact that the digitized work can instantly spread from databases to other jurisdictions. The authors provide for the forecast of possible ways of evolution of legal regulation of relations in question with the use of mechanisms of national and international law.
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Hartley, Trevor C. "‘LIBEL TOURISM’ AND CONFLICT OF LAWS." International and Comparative Law Quarterly 59, no. 1 (January 2010): 25–38. http://dx.doi.org/10.1017/s0020589309990029.

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AbstractThis article considers the problem of ‘libel tourism’ (forum shopping in transnational libel cases) from the point of view of English and EU law (both relevant in certain situations). If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined. This is particularly a problem where the case is brought in England, because of the pro-claimant slant of English libel law. The article notes when English conflicts law is applicable and when EU conflicts law is applicable, and explains the English and EU law regarding choice of law, jurisdiction and forum non conveniens in order to assess whether there is a genuine problem. It concludes that there is, particularly with regard to the Internet. Possible solutions are suggested.
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Terentyeva, L. V. ""Close Connection" Category in International Civil Procedure and in Conflict of Laws." Lex Russica, no. 6 (July 5, 2021): 46–55. http://dx.doi.org/10.17803/1729-5920.2021.175.6.046-055.

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The use of "close connection" in conflict of laws area and in international civil procedure preconditions the question whether it is possible to interpret it uniformly both as a basis for establishing the jurisdiction to resolve cross-border private law dispute, and as a basis for choosing the applicable law.When studying close connection within the framework of conflict-of-laws regulation, the author of the paper, along with the concept of "close connection" examines the concepts of "connection with only one country" and "the closest connection". The paper also discusses the concept of Proper law which, as a rule, in the Russian doctrine is identified with the category of close connection.Analysis of the close connection as the basis for establishing jurisdiction has led to the conclusion that it is necessary to apply a differentiated approach to determining the content of close connection within the framework of Conflict of Laws and international civil procedure. This assumption is based on the fact that when establishing jurisdiction to consider cross-border private law disputes on the ground of a close connection, a special task is solved to overcome the conflict of jurisdiction while observing the principle of equality between judicial procedures of different states, as well as the principle of international judicial cooperation. In addition, within the framework of the international civil procedure, the concept of “foreign element” preconditioning the manifestation of a close connection of the disputed legal relationship with the court of the state, can be endowed with additional content except the content attached to the foreign element within the framework of the conflict of laws, namely: obtaining evidence abroad; enforcement of a court order abroad, etc.
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Dissertations / Theses on the topic "Conflict of laws - Jurisdiction - India"

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Garland, Ross. "Cross-citation in death penalty cases and the internationalisation of human rights." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:5058e6e1-26f6-4207-8ce0-9fa80bde5e43.

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This thesis examines why courts in the United States of America (US), India and South Africa refer to foreign law in death penalty cases. To gain an understanding of what drives the apex courts of the US, India and South Africa to cite foreign law when considering domestic death penalty issues, this thesis proposes a three-part matrix to both assess the relevant case law and to analyse the academic literature on cross-citation. Firstly, it will be demonstrated that judges in national courts cross-cite comparative law out of a primary interest in constitutional interpretation. Cross-citation is used in this manner to assist judges in their domestic interpretative tasks. Secondly, it will be illustrated how courts that engage in the citation of foreign law also seek guidance from other jurisdictions as to the content of shared values, such as what type of punishment does not fundamentally and unlawfully violate the right to human dignity. Finally, this thesis assesses to what degree courts from the three selected jurisdictions are additionally referencing or applying a customary international law norm when citing foreign sources. The argument is made that the domestic courts under examination engage with comparative law in the context of a broader transnational normative project, taking the international human rights framework that developed after the Second World War as a key reference point. In doing so, this thesis argues that these courts are at times recognising and developing emerging customary norms, and at other times giving effect to and enforcing applicable international human rights law.
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Draf, Oliver. "Selected issues of private international law and of contracts on the Internet." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64271.pdf.

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Pengelley, Nicholas. "Judicial chauvinism or respect for comity : is it time to bury the anti-suit injunction?" Monash University, Faculty of Law, 2002. http://arrow.monash.edu.au/hdl/1959.1/8327.

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Nuyts, Arnaud. "L'exception de "forum non conveniens": étude de droit international privé comparé." Doctoral thesis, Universite Libre de Bruxelles, 2002. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211468.

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Fei, Song Ran. "Exclusive or extraterritorial? : jurisdiction in cross-border patent infringement, a Chinese perspective." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2139814.

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Le, Bozec Charlotte. "Que reste-t-il de l'influence du droit maritime sur le droit aérien? : étude des conflits de juridictions." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30312.

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This study addresses the modern influence of maritime law on air law. In order to demonstrate that the influence still exists, at least in respect of conflicts of jurisdiction, a comparative analysis of the responsibility of the carriers of goods will be carried out in the light of international conventions.
The thesis will consider the new evolution of maritime law, which today, in many aspects, follows air law. It will become clear that both systems face the same difficulties. In particular, the multiplication of international conventions has weakened the aim of uniformity by admitting different regimes of the carriers' liability. Once the causes of conflicts of jurisdiction have been identified, the thesis will analyze how the conventions attempt to solve those conflicts. The use of forum shopping by the parties and the use of forum non conveniens by the courts, reveals that present international solutions are not satisfactory. The practice in maritime law is to consider a conflict prior to its existence and to permit jurisdiction as well as arbitration clauses. While the former clauses are forbidden in air law, arbitration clauses, although accepted in various international air conventions, have never been used until recently in air law, and only in respect of the financing of major projects.
It is therefore possible to believe today, that the maritime approach can and will be followed in respect of conflicts of carriage of goods by air, thus proving that maritime law does still influence the evolution of air law.
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Ahmed, Mukarrum. "A comparative study of the fundamental juridical nature, classification and private law enforcement of jurisdiction and choice of law agreements in the English common law of conflict of laws, the European Union private international law regime and the Hague Convention on Choice of Court Agreements." Thesis, University of Aberdeen, 2016. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=230177.

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During the course of this PhD thesis, it will be argued that it is misconceived to think of jurisdiction and choice of law agreements as unilaterally enforced domestic private law obligations within an English 'dispute resolution' paradigm because multilateral private international law rules are essentially secondary rules for the allocation of regulatory authority which may not permit a separation of functions or the relative effect of such agreements. In other words, a multilateral system for the public ordering of private law will assume priority over or trump the existence of the private law rights and obligations of the parties to the jurisdiction and choice of law agreement and the unilateral enforcement of such rights via anti-suit injunctions and the damages remedy. Otherwise, the private law enforcement of the mutual contractual obligation not to sue in a noncontractual forum attributed to an exclusive jurisdiction agreement may operate as a 'unilateral private international law rule' with a controversial and confrontational allocative function of its own. It may lead to the 'privatization of court access' by dubiously perpetuating and prioritizing the unilateral private ordering of private law over the multilateral public ordering of private law. Moreover, the enforcement of jurisdiction and choice of law agreements by private law remedies within a multilateral system will necessarily distort the allocative or distributive function of private international law rules by giving precedence to the redistributive will of the parties premised on principles of corrective justice inter partes of questionable applicability. International structural order is compromised in the unilateral private law enforcement of jurisdiction and choice of law agreements as such enforcement gives rise to a clash of sovereign legal orders and also the possibility of 'regime collision' by interfering with the jurisdiction, judgments and choice of law apparatus of foreign courts which a multilateral conception of private international law is supposed to prevent in the first place. However, this PhD thesis will argue that outside the confines of the EU private international law regime, the variable geometry that is characteristic of the international commercial litigation sphere may not impede the separation of functions within such agreements. Whether an English court ought to grant a pragmatic private law remedy enforcing such agreements is of course another matter. Ultimately, a more comprehensive concept of transnational justice in private international law disputes informed by methodological pluralism needs to be developed. A notion of transnational justice which seeks to simultaneously balance the competing demands of the notion of 'conflicts justice' which prioritizes ex ante multilateral allocative imperatives and the idea of an ex post material justice between the litigating parties in the individual instance.
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Yan, Cheng Yan. "The 2005 Hague Choice of Court Agreements Convention : a chance for China to establish a new system on choice of court agreement." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2147561.

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Schroeder, Jacquelyn Ann. "NGO-State Relations: Freedom House Status and Cooperation Versus Conflict." Wright State University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=wright1358101658.

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Saranovic, Filip. "Private international law aspects of freezing injunctions." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/270457.

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The Commercial Court in London is frequently dealing with applications for a freezing injunction. The vast majority of academic literature and court decisions directly or indirectly adopt the view that freezing injunctions have stood the test of time and are so frequently granted in commercial litigation that there is no need for any serious concern about their scope, let alone the need to identify and question the legitimacy of the justifications for their existence. Contrary to the traditional view, this thesis has identified equipage equality as the primary function of freezing injunctions. This recognition that freezing injunctions seek to establish a level-playing field in litigation has led the author to conclude that the current scope of the relief is excessively claimant-friendly and involves illegitimate interference with the sovereignty of foreign states. Taking into account the tactical reasons for seeking a freezing injunction, the author challenges the current interpretation of the substantive preconditions for granting the relief. Their current interpretation does not strike a fair balance between the interests of the parties. The author argues that these concerns are exacerbated by the current international scope of freezing injunctions due to the insufficient regard for the principles of public international law. The encroachment on the jurisdiction of foreign states undermines equipage equality by enabling claimants to make multiple applications for interim relief in respect of the same assets. In the light of the above, the author has sought to make a range of proposals to restrict the scope of freezing injunctions with the aim of bringing the relief in line with equipage equality.
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Books on the topic "Conflict of laws - Jurisdiction - India"

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Agbede, I. Oluwole. Themes on conflict of laws. Ibadan: Shaneson C.I. Limited, 1989.

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Civil jurisdiction and judgments. 5th ed. London: Informa, 2009.

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Borchers, Patrick J. Jurisdiction and private international law. Cheltenham, UK: Edward Elgar Publishing, 2014.

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Benedict, Ó. Floin, ed. Transnational litigation jurisdiction and procedure. Dublin, Ireland: Thomson Round Hall, 2008.

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A study on a global jurisdiction and judgments convention. Macau: University of Macau, 2009.

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Marengo, R. La litispendenza internazionale. Torino: G. Giappichelli, 2000.

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Emanuelli, Claude. Droit international privé québécois. Montréal: Wilson & Lafleur, 2001.

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Götz, Claudia. Der Gerichtsstand der rügelosen Einlassung im Zivilprozessrecht der Schweiz. Basel: Helbing und Lichtenhahn, 2004.

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Jatahy, Vera Maria Barrera. Do conflito de jurisdições: A competência internacional da justiça brasileira. Rio de Janeiro: Editora Forense, 2003.

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Schockweiler, Fernand. Les conflits de lois et les conflits de juridictions en droit international privé luxembourgeois. 2nd ed. Luxembourg: P. Bauler, 1996.

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Book chapters on the topic "Conflict of laws - Jurisdiction - India"

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Burra, Srinivas. "Collective Engagement and Selective Endorsement: India’s Ambivalent Attitude Towards Laws of Armed Conflict." In Locating India in the Contemporary International Legal Order, 51–65. New Delhi: Springer India, 2018. http://dx.doi.org/10.1007/978-81-322-3580-4_4.

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Govindaraj, V. C. "Insolvency and Corporations." In The Conflict of Laws in India, 200–213. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199495603.003.0011.

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This chapter discusses the law of insolvency and corporations as interpreted and applied by courts in India. Topics covered include insolvency jurisdiction of an Indian court; effect of an Indian bankruptcy order on debtor’s property; choice of law in an Indian insolvency; discharge by virtue of an Indian order; effect in India of foreign insolvencies; legal status, domicile, and powers of corporations; and jurisdiction over corporations.
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Govindaraj, V. C. "Law of Property." In The Conflict of Laws in India, 158–99. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199495603.003.0010.

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This chapter discusses the law of property as interpreted and applied by courts in India. The subject is divided into the law relating to immovables and movables and the law relating to succession, the latter of which, again, being subdivided into administration of estates and beneficial distribution, inasmuch as they constitute an integral part of succession. Topics covered include: jurisdiction in respect to foreign immovables; equitable jurisdiction in personam; application of equitable principles; rules of conflict of laws in relation to immovables; rules of conflict of laws in relation to movables; government decrees of seizure of private property; the law relating to trusts; and succession.
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Govindaraj, V. C. "Consecutive Stages of Conflict of Laws." In The Conflict of Laws in India, 22–39. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199495603.003.0003.

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Conflict of laws comes into operation if, and only if, an issue or issues in a dispute presented before a municipal court for adjudication contain(s) a foreign element. Then, in that case, the adjudicating court chooses the appropriate rule of law that is directly relatable to the issue or issues to be resolved. This chapter discusses the four distinct stages in the conflict resolution process: (i) determination by the adjudicating court of its jurisdictional competence; (ii) classification or characterization of the cause of action with a view to determining the legal category to which the disputed issue; (iii) identification by the court of the lex causae (that is, the law that governs the cause of action) based on which judgment is rendered; and (iv) recognition and enforcement of the judgment by the concerned court, if that be warranted, for its due execution.
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Govindaraj, V. C. "Law of Persons." In The Conflict of Laws in India, 128–40. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199495603.003.0008.

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This chapter discusses the law relating to children as interpreted and applied by Indian courts. It covers the following: custodial orders of minors as part of matrimonial reliefs; custodial orders of minors independent of matrimonial reliefs; the role of courts as parens patriae; foreign custody and guardianship order; law relating to property of children; declaration of legitimacy or parentage; proof of legitimacy; jurisdictional competence of Indian courts to grant declarations of legitimation; adoption; maintenance orders; and reciprocal enforcement of maintenance orders.
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Govindaraj, V. C. "Property." In Private International Law, 144–47. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199489282.003.0009.

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Property may be movable of immovable. The law that governs movable property is the law of domicile of the party, that is, lex domicilii. The law that governs immovable property is the law where it is situated, that is, lex situs. Immovables not only mean lands, but include all estates, interests and charges in and over lands. They include freehold and leasehold interests, freehold lands subject to a trust for sale though the sale has not taken place, rent charges, mineral rights, and also the interests of a mortgagee. However, rent charges arising out of an equitable claim, based on a contract between parties, partake of the character of a movable property, which can be recovered by an action in an Indian court, the presence of the defendant within its jurisdiction being the condition precedent. There is yet another well-established principle of conflict of laws that municipal courts refrain from exercising jurisdiction in respect of title to, or any kind of right or interest in, foreign immovables.
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Briggs, Adrian. "Jurisdiction." In The Conflict of Laws, 43–125. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198838500.003.0002.

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This chapter discusses the items of private international law of jurisdiction in civil and commercial matters, which were governed in part by a number of European Regulations and other instruments prior to Exit Day. These include the Brussels I Regulation 44/2001 and the recast Brussels I Regulation 1215/2012; the 1988 Lugano Convention and the 2007 Lugano II Convention; and the 1968 Brussels Convention as amended from time to time. According to the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019 No 479, on Exit Day these instruments are revoked or, in the case of the Conventions given effect by the Civil Jurisdiction and Judgments Act 1982, as amended, repealed.
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Parikh, Mitsu, and V. S. Krishna. "Recent Trends and Repercussions in Civil and Criminal Justice Systems." In Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia, 230–42. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-7898-8.ch013.

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The reform of civil and criminal justice systems is a contentious issue and has become the top priority for the international community in re-establishing the rule of law. The justice systems in many common law jurisdictions are perceived to be ‘in crisis' deformed by exorbitant delay, cost, and complexity in proceedings. The level of resources engulfed in the judicial system has very little or no impact on judicial performance. Comparative and comprehensive analysis of the law not only leads to a better realization of the foreign laws, but also it aids with law unification. This chapter will attempt to highlight the issues in the civil and criminal justice system and comparatively analyze the scenario in England, Singapore, and India. In furtherance, the authors explore the possible methods to curb the delay in justice systems and canvas the modern trends in civil and criminal justice policy.
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"JURISDICTION: THE TRADITIONAL RULES." In Conflict of Laws, 261–63. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843140030-41.

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10

"Jurisdiction of the English courts." In Conflict of Laws, 71–83. Cambridge University Press, 2001. http://dx.doi.org/10.1017/cbo9781139164627.008.

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