ASSIGNMENT ARPIT JAIN (SEM VII) SEC A ROLL NO.

31 PART I The Indian Private International Law Act, 2013 (Act no. 9 of 2013) PREAMBLE Whereas it is expedient to define certain parts of the law relating to contract; it is hereby enacted as follows :1. Short title This Act may be called be the Indian Private International law Act, 2013. Extent, commencement - It extends to the whole of except the State of Jammu and Kashmir; and it shall come into force on the first day of September, 2013. Enactment repealed - Nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby expressly repealed, nor any usage or customs of trade, nor any incident of any contract, not inconsistent with the provisions of this Act. 2. Interpretation -clause In this Act the following words and expressions are used in the following senses, unless contrary intention appears from the context: (a) Private international law refers to that part of the law that is administered between private citizens of different countries or is concerned with the definition, regulation, and enforcement of rights in situations where both the person in whom the right inheres and the person upon whom the obligation rests are private citizens of different nations. It is a set of rules and regulations that are established or agreed upon by citizens of different nations who privately enter into a transaction and that will govern in the event of a dispute ; (b) state refers to an independent sovereign country ; (c) Unit refers to any state or union territory of India ; (d)Any other term may be construed from the General Clauses Act or any other Act for the time being in force ; (e)Court refers to any court instituted within the local territory of India ;

3. Jurisdiction 3.1 The court of competent jurisdiction shall be that court, under whose local jurisdiction the defendant resides, in case the defendant has the citizenship of India. 3.2 The court of competent jurisdiction shall be that court, under whose local jurisdiction the plaintiff resides, in case the plaintiff has the citizenship of India. 3.3 If the plaintiff and the defendant both are foreign citizen, the Supreme Court Of India shall exercise its jurisdiction. 4. Matrimonial Causes The causes of matrimonial nature i.e. divorce, restitution, separation, marriage, maintenance shall have the same meaning as in the Hindu Marriage Act, 1955. Proviso to this section is that in case of conflict amongst multiple legislations of different states, harmonious interpretation shall be carried out to the extent of conflict. 5. Conflict of Laws The Indian legislation , if contrary to the Constitution of India, the latter shall prevail, while in conflict amongst legislations of different states, section 4 shall be applied. 6. Appeal Any appeal from the court of original institution shall go in appeal to the Supreme Court of India 7. Judgment The Judgment of the Court of original jurisdiction shall be final and binding over the parties unless appealed. 8. Enforcement The judgment shall be enforced by the Enforcement Directorate of the state to which the defendant belongs. 9. Penalty The convicted persons shall be penalized as per the Indian Private International Penal Code, 2012. 10. Repeal/Amendment The Act shall be repealed or amended by the process of special majority in the Parliament.

PART II Explanation 1. Short Title It is the short introduction to brief the Act, thus instituted. 2. Interpretation Clause It is necessary to define the terms regularly used later in the Act. 3. Jurisdiction It is very important to describe the appropriate forum for institution of the case. 4. Matrimonial Causes It is important because bulk of the private International Law cases are of matrimonial nature. 5. Conflict of Laws As the Private International law deals with numerous legislations of various states, conflict of law is inevitable. 6. Appeal Appeal is inserted to remove ambiguity in concern with appeal. 7. Judgment Judgment is inserted to declare the finality of the judgment of the Court. 8. Enforcement Enforcement is inserted to declare that the judgment be not only be delivered but be enforced. 9. Penalty Penalty provision is must for any enactment because it reprimands the convict. 10. Repeal/Amendment Repeal or Amendment is inserted to declare the supremacy of the Parliament.