1. Jurisdiction over e-commerce disputes is complicated by the borderless nature of the internet. Indian law requires e-commerce websites operating in India to comply with laws like the Information Technology Act, 2000.
2. The Civil Procedure Code, 1908 allows plaintiffs to file suits in jurisdictions where the defendant resides, conducts business, or works. It also allows suits where the cause of action arises.
3. Personal jurisdiction, as distinguished from subject matter jurisdiction, is the court's power over defendants residing, conducting business, or working in the court's territorial jurisdiction. International instruments like the UN Convention on the Use of Electronic Communications in International Contracts also govern aspects of e-commerce jurisdiction.
The Practical Law of Arbitration and Conciliation is a new edition of the definitive work on arbitration and conciliation law. It sets out the legal framework for resolving disputes without recourse to litigation.
The Practical Law of Arbitration and Conciliation is a new edition of the definitive work on arbitration and conciliation law. It sets out the legal framework for resolving disputes without recourse to litigation.
The Practical Law of Arbitration and Conciliation is a new edition of the definitive work on arbitration and conciliation law. It sets out the legal framework for resolving disputes without recourse to litigation.
The Practical Law of Arbitration and Conciliation is a new edition of the definitive work on arbitration and conciliation law. It sets out the legal framework for resolving disputes without recourse to litigation.
A 360 Degree Review of Penal Provisions’ Application under Competition Law ...KK SHARMA LAW OFFICES
Perhaps not many laws have been subject to so much public scrutiny as competition law either before its enactment or afterwards. Almost immediately after its enactment, just after a duly appointed Member had assumed office and before a duly appointed Chairman could enter office, the Competition Act, 2002(Act) was challenged on various counts. This resulted in a very strange situation. The Competition Commission of India (CCI) could not be called a Commission in terms of the Act which needed a minimum quorum of a Chairman and, at least, two Members for being a legally recognized Commission. So, the CCI remained a one Member body (not a full Commission) till as late as March 1, 2009 when, for the first time, a Chairman and two Members were in office and the CCI, in the eyes of law, was a full Commission. The enforcement powers to CCI came in stages. In first phase only advocacy functions were allowed. This was followed by antitrust enforcement powers being given to the Commission from May 20, 2009. Thereafter, regulations of combinations (popularly known as Merger Review) came into force with effect from June 1, 2011. There were always fears that the CCI may turn out to be as effective (or ineffective depending upon one’s perspective) as MRTPC. Now, that five years have passed since the time the CCI began to get its enforcement powers, it is high time to look back if the fears about the efficacy of the powers given to the CCI were justified or misplaced. The author, the only official in senior echelons of the CCI who not only saw the transition from a CCI doing only competition advocacy to a fully functional Commission but also played a very crucial role in this transition by way of being the very first Director General of the functional CCI, laying down the investigative framework of investigation, and later as the first head of Merger Control who gave the country its very efficient Merger Review Format, takes a look at this issue.
What's You Sees is What's You Gets- The Land Titles Registry I Once KnewRichard Saad
Commercial Mortgage TRANSACTIONS 2015
Panel – Professionalism Issues for Mortgage Transactions
What's You Sees Is What's You Gets: The Land Titles Registry I Once Knew
Simon Crawford Bennett Jones LLP
September 17, 2015
"Navigating Your Way to Business Success in India" is a seminar hosted by the Columbus, Ohio, law firm of Kegler, Brown, Hill & Ritter on March 10, 2011.
Topics included:
Legal Issues
Financing
Cultural Considerations
Case Studies
Whether legal jurisdiction is able to check cyber-crime where there are no territorial borders and even where the criminal does not have any physical presence in the forum
A 360 Degree Review of Penal Provisions’ Application under Competition Law ...KK SHARMA LAW OFFICES
Perhaps not many laws have been subject to so much public scrutiny as competition law either before its enactment or afterwards. Almost immediately after its enactment, just after a duly appointed Member had assumed office and before a duly appointed Chairman could enter office, the Competition Act, 2002(Act) was challenged on various counts. This resulted in a very strange situation. The Competition Commission of India (CCI) could not be called a Commission in terms of the Act which needed a minimum quorum of a Chairman and, at least, two Members for being a legally recognized Commission. So, the CCI remained a one Member body (not a full Commission) till as late as March 1, 2009 when, for the first time, a Chairman and two Members were in office and the CCI, in the eyes of law, was a full Commission. The enforcement powers to CCI came in stages. In first phase only advocacy functions were allowed. This was followed by antitrust enforcement powers being given to the Commission from May 20, 2009. Thereafter, regulations of combinations (popularly known as Merger Review) came into force with effect from June 1, 2011. There were always fears that the CCI may turn out to be as effective (or ineffective depending upon one’s perspective) as MRTPC. Now, that five years have passed since the time the CCI began to get its enforcement powers, it is high time to look back if the fears about the efficacy of the powers given to the CCI were justified or misplaced. The author, the only official in senior echelons of the CCI who not only saw the transition from a CCI doing only competition advocacy to a fully functional Commission but also played a very crucial role in this transition by way of being the very first Director General of the functional CCI, laying down the investigative framework of investigation, and later as the first head of Merger Control who gave the country its very efficient Merger Review Format, takes a look at this issue.
What's You Sees is What's You Gets- The Land Titles Registry I Once KnewRichard Saad
Commercial Mortgage TRANSACTIONS 2015
Panel – Professionalism Issues for Mortgage Transactions
What's You Sees Is What's You Gets: The Land Titles Registry I Once Knew
Simon Crawford Bennett Jones LLP
September 17, 2015
"Navigating Your Way to Business Success in India" is a seminar hosted by the Columbus, Ohio, law firm of Kegler, Brown, Hill & Ritter on March 10, 2011.
Topics included:
Legal Issues
Financing
Cultural Considerations
Case Studies
Whether legal jurisdiction is able to check cyber-crime where there are no territorial borders and even where the criminal does not have any physical presence in the forum
NEWBIE LITIGATOR SCHOOL - Part I 2022 - The Federal Rules of Civil ProcedureFinancial Poise
Has it been 10 years since you took Civil Procedure in law school? Are you a business owner that’s been sued for the first time? How does litigation really move through the Federal Courts? This webinar provides an overview of the Federal Rules of Civil Procedure, with emphasis on recent changes and developments. By the end of the hour, the listener will have a clear understanding of how a case is initiated, how defendants and issues are brought into the case, and the required pre-trial steps. We also touch on settlement procedure and trial practice. Join us to hear one of the cornerstone law school classes condensed into a brisk and engaging hour-long discussion.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- PART 1 2022
See more at https://www.financialpoise.com/webinars/
On 04 April 2020, I had the pleasure of doing a webinar for Dhruva Advisors LLP's, the leading tax and regulatory services' firm's principals and associates on "Arbitration". We covered the arbitral process and interface of tax and arbitrations, particularly India's BIT arbitrations that arose from tax disputes.
Thank you to Dinesh Kanabar and Vishal Gada for the collaboration.
The Federal Rules of Civil Procedure (Series: Newbie Litigator School)Financial Poise
This webinar provides an overview of the Federal Rules of Civil Procedure, with emphasis on recent changes and developments. By the end of the hour, the attendee will have a clear understanding of how a case is initiated, how defendants and issues are brought into the case, and the required pre-trial steps. We also touch on settlement procedure and trial practice. Join us to hear one of the cornerstone law school classes condensed into a brisk and engaging hour long discussion.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/the-federal-rules-of-civil-procedure-2020/
For more course tutorials visit
uophelp.com is now newtonhelp.com
www.newtonhelp.com
Civil enforcement powers regarding federal antitrust matters belong to _______.
•
the Treasury Department
•
the Department of Revenue and Taxation
•
the FTC and the Department of Justice
•
the Department of Labor
Which of the following is true of tort law?
•
It protects people from being tried twice for the same crime.
ETH 321 Final Exam1. Civil enforcement powers regarding federal .docxPOLY33
ETH 321 Final Exam
1. Civil enforcement powers regarding federal antitrust matters belong to _______.
the Treasury Department
the Department of Revenue and Taxation
the FTC and the Department of Justice
the Department of Labor
2. Which of the following is true of tort law?
It protects people from being tried twice for the same crime.
Tort law typically deals with breach of contract.
It provides compensation to those workers who have been injured on the job.
It sets limits on how people can act and use their resources.
3. Fred takes Betty to dinner at a very expensive and exclusive restaurant The menu does not mention prices The server takes their order and both Betty and Fred enjoy the meal immensely. When the bill comes, Fred refuses to pay because the menu had no prices and because he and the server never engaged in language indicating and offer and acceptance. The server said, “Are you ready to order?” and when Fred said “Yes,” the server merely asked “What may I get you tonight?” Which of the following is true?
Fred must pay based on an implied-in-fact contract theory.
Fred must pay based on a promissory estoppel theory.
Fred must pay based on expressed contract theory.
Fred is correct because no contract was formed.
4. Which of the following statements is true of the WARN Act?
It requires employers to give notice to an “at will” employee that he/she is being fired.
It requires employers to give notice to employees that they are being subjected to polygraph tests.
It requires employers to give notice to employees that an unscheduled drug test will be conducted for all employees.
It requires employers to give notice of a scheduled mass layoff.
5. _____________ jurisprudence supports the idea that law can and should change to meet new developments in society.
Sociological
Natural
Historical
Positive law
6. Which of the following is true of the assumption of risks during delivery of goods?
The buyer is responsible for damages to goods when the seller is about to transfer for shipment.
The seller is liable for any damages incurred to the goods during shipment.
The buyer is liable for any damages incurred to the goods during shipment.
The seller is always responsible for shipping the goods to the buyer.
7. A 911 emergency response service needs operators who are bilingual in English and Spanish A few applicants of Spanish origin are rejected due to poor English-speaking skills. They file a complaint on the grounds of discrimination based on nationality. Their complaint is squashed. Here, the defense of the federal government is on the grounds of _______.
inculpatory evidence
circumstantial evidence
bona fide occupational qualifications
exclusionary rule
8. Article 6 of the Treaty on European Union called the Maastricht Treaty states the EU is founded on:
private markets
rule of law
specific performance
stare decisis
9. Interpreting Congressional intent which of the following is never a bona fide occupational qualification (BFOQ)?
Race
Nat ...
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The Indian economy is classified into different sectors to simplify the analysis and understanding of economic activities. For Class 10, it's essential to grasp the sectors of the Indian economy, understand their characteristics, and recognize their importance. This guide will provide detailed notes on the Sectors of the Indian Economy Class 10, using specific long-tail keywords to enhance comprehension.
For more information, visit-www.vavaclasses.com
This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
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An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
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It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
3. Jurisdiction over E-Commerce Disputes
• The traditional approach to jurisdiction invites a
court to ask whether it has the territorial,
pecuniary, or subject matter jurisdiction to
entertain the case brought before it.
• With the internet, the question of ‘territorial’
jurisdiction gets complicated largely on account
of the fact that the internet is borderless.
• Therefore, while there are no borders between
one region and the other within a country there
are no borders even between countries.
4. Basis of Jurisdiction under Indian Law
• E-commerce websites operating in India are required
to follow many laws of India including the Information
Technology Act, 2000.
• As per the IT Act, 2000 these e-commerce websites
operating in India are Internet intermediaries and they
are required to comply with cyber law due diligence
requirements as well.
• Further, the legal requirements for undertaking e-
commerce in India also involve compliance with other
laws like contract law, Indian penal code, etc.
• Further, online shopping in India also involves
compliance with the banking and financial norms
applicable in India.
5. Indian Statutes and E-commerce Jurisdiction
• In short, the highly profitable e-commerce
segment of India must be explored only after
complying with the laws governing the
respective e-commerce segment.
• There is no single set of laws and regulations
that govern all e-commerce segments and
every e-commerce segment is governed by
different laws.
6. Information Technology Act, 2000 vis-à-vis E-Commerce
• The Act provides for punishment of offences
committed beyond the four walls of India, but which by
law may be tried within, India.
• It states that any person liable, by any Indian law to be
tried for an offence committed beyond India shall be
dealt with according to the provisions of this Code for
any act committed beyond India in the same manner
as if such act had been committed within India.
• There does not seem too much jurisprudence in India
on the issue of jurisdiction in cases of e-commerce.
• However there are some instances where in the courts
had in the preliminary stages assumed jurisdiction over
a matter.
7. The Civil Procedure Code, 1908
• The Act gives the discretion to the plaintiff to
file a suit for compensation for wrongs to
person or movables, if the wrong was done
within the local limits of the jurisdiction of one
Court and the defendant resides, or carries on
business, or personally works for gain, within
the local limits of the jurisdiction of another
Court, the suit may be instituted at the option
of the plaintiff in either of the said Courts.
8. • Examples: Mr. A, residing in Delhi, publishes on
his website in Calcutta statements defamatory of
B. B may sue A either in Calcutta or in Delhi.
• The Act further provides that every suit shall be
instituted in Court within the local limits of
whose jurisdiction the any of the defendant
resides or the cause of action arises.
• It further explains that a corporation shall be
deemed to carry on business at its sole or
principal office in India or, in respect of any cause
of action arising at any place where it has also a
subordinate office, at such place.
9. • Example: A is a tradesman who maintains his
website from USA; B is a resident of India. B buys
goods of A, online and requests A to deliver them
to his address in India. A, fails to deliver the
goods on time, B suffers a heavy loss. B sued A in
an American Court, court decided in favor of B
orders A to compensate B for the same. B filed a
petition in Delhi HC for the enforcement of the
same. The Delhi HC will consider the American
Judgment as a conclusive as to any matter
thereby.
10. Rem vis-à-vis Personam Jurisdiction
• In personam means that a judgment can be enforceable
against the person wherever he/she is. On the other hand,
if the lawsuit is to determine title to property (in rem) then
the action must be filed where the property exists and is
only enforceable there.
• Jurisdiction as Oliver Wendall Holmes said whatever else or
more it may mean, is jurisdictio, in its popular sense of
authority to apply the law to the acts of men.
• Ordinarily jurisdiction is exercised over defendants residing
or carrying on business or personally working for gain
within the territorial jurisdiction of the court.
• With the growth of e-commerce and commercial activity
over the World Wide Web, it has become possible for
business to be conducted across the globe without actual
presence in every place.
11. Personam Jurisdiction
• It has been observed therein that personal jurisdiction as
distinguished from subject matter jurisdiction is the power
of the court to require a party (usually the defendant) or a
witness to come before the court.
• States have enacted long arm statutes by which courts can
exercise jurisdiction over a business entity or individual
located outside the state if for example such entity or
individual regularly does business in the state or transacted
business with the plaintiff in the state.
• Personal jurisdiction over non-residents is however limited
by the constitutional requirements of due process.
• A defendant not served with process within the state in
which the court sits must have sufficient level of business
or personal contacts within the state so that the defendant
can reasonably be expected to be sued there.
12. • The Apex Court in Modi Entertainment Network
and anr v. W.S.G. Cricket Pvt. Ltd. held that It is a
common ground that the courts in India have
power to issue anti-suit injunction to a party over
whom it has personal jurisdiction, in an
appropriate case.
• This is because courts of equity exercise
jurisdiction in personam.
• However, having regard to the rule of comity, this
power will be exercised sparingly because such
an injunction though directed against a person, in
effect causes interference in the exercise of
jurisdiction by another court.
13. From the above discussion the following principles emerge:-
• 1. In exercising discretion to grant an anti-suit injunction
the court must be satisfied of the following aspects:
• (a) the defendant, against whom injunction is sought, is
amenable to the personal jurisdiction of the court;
• (b) if the injunction is declined, the ends of justice will be
defeated and injustice will be perpetuated; and
• (c) the principle of comity respect for the court in which the
commencement or continuance of action/proceeding is
sought to be restrained must be borne in mind.
• 2. In a case where more forums than one are available, the
court in exercise of its discretion to grant anti-suit
injunction will examine as to which is the appropriate
forum (forum conveniens) having regard to the
convenience of the parties and may grant anti-suit
injunction in regard to proceedings which are oppressive or
vexatious or in a forum non-conveniens.
14. Purposeful Availment Test
• The ‘purposeful availment test’ has been used
whether a company can be sued in a specific
jurisdiction in the case of Internet companies.
• Courts specifically look at three factors-
• (1) availment of a company to another
jurisdiction
• (2) whether the act was done in another
jurisdiction and
• (3) whether the jurisdiction is reasonable for the
defendant to be expected to defend himself
there.
15. “Minimum Contacts” Theory in USA
• The US courts have developed the “minimum contacts”
theory whereby the courts may exercise personal
jurisdiction over persons who have sufficient minimum
contacts with the forum state.
• These "minimum contacts" may consist of physical
presence, financial gain, stream of commerce, and election
of the appropriate court via contract.
• The tests usually applied by American Courts for the
exercise of personal jurisdiction over non-resident
defendants are
• (a) existence of sufficient minimum contacts with the forum
state
• (b) claim asserted must arise out of the contact
• (c) exercise of jurisdiction must be reasonable and
• (d) effect test.
16. International Instrumentalities
governing E-commerce
• United Nations Convention on the Use of Electronic
Communications in International Contracts (New York,
2005)
• The Brussels Convention on Jurisdiction and
Recognition of Enforcement of Judgments in Civil and
Commercial Matters, 1968 (known as “the Brussels
Convention”) govern the issue of jurisdiction.
• he EC Convention on the Law Applicable to Contractual
Obligations, 1961 (known as “the Rome Convention”)
governs the issue of applicable law for consumer
contracts concluded over the Internet.