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ISSUE:

What is an anti-suit injunction and when can it be granted by a court of natural jurisdiction?

RULE:

Courts in India and England are courts of both law and equity. It is common ground that a court in India has the power to issue anti-suit injunctions to a party over whom it has personal jurisdiction in an appropriate case as courts of equity exercise jurisdiction in personam.

Parties cannot confer jurisdiction where none exists on a court to which the CPC applies. However, in cases where parties agree to submit to the jurisdiction of a foreign court, the foreign court does not permit the invoking of its jurisdiction.

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