The question (12 marks)
Explain the grounds on which a court assumes jurisdiction in an action in personam, and discuss the circumstances in which a court possessed of jurisdiction may nevertheless refuse to exercise it. Compare the English and Indian positions. (12 marks)
MU Module II, jurisdiction in personam and refusal to exercise jurisdiction; pack ch. 02 §§1-3 and 6.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Jurisdiction and the Enforcement of Foreign Judgments of Conflict of Laws.
Authorities you will need
- Code of Civil Procedure 1908, ss. 10, 16, 19, 20 and 151
- Sirdar Gurdyal Singh v. The Rajah of Faridkot, Privy Council
- Lalji Raja and Sons v. Hansraj Nathu Ram
- Maharani of Baroda v. Wildenstein
- Carvatho v. Hullblyth Angola
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.