Assertion: suit injunction | /r/HasProperty | directed against person
Facets:
value: in effect
type: OTHER
Source sentences:
text: An anti-suit injunction is directed against a person and hence, acts in “personam” and not against a court in which the defendant proposes to institute an action, although, no doubt, the result in effect would be, which is unavoidable, that proceedings cannot be initiated in the foreign court by the defendant.
text: non conveniens must also have jurisdiction to entertain the matter, however, it refrains from entertaining the matter because it considers itself to be an inappropriate forum; The doctrine of forum non conveniens is invoked by a court to not entertain a matter presented before it in view of the fact that there exists a more appropriate court of competent jurisdiction which would be in a better position to decide the lis between the parties; Doctrine of forum conveniens requires the parties to agitate issues before a court of competent jurisdiction which is also a convenient court apropos all the parties to the dispute; Doctrine of anti-suit injunction which is premised on the doctrine of forum non-conveniens, has to be applied with due care and caution as it involves issues as regards, respect for corresponding international forums; Rule of comity of courts requires that exercise of this power, that is, grant of anti-suit injunction, must be exercised sparingly because an anti-suit injunction though is directed against a person, in effect, it causes interference in exercise of jurisdiction by another court; Fundamental principle behind the grant of an anti-suit injunction is to choose that forum in which the case can be tried more properly/suitably, keeping in mind the interest of all the parties to the dispute.