Jurisdiction

in the
Cyber World
 Jurisdiction

Power of a court to adjudicate cases and issue orders.

Territory within which a court or government agency

may properly exercise its power.
CIVIL LAW OF JURISDICTION IN INDIA
 THREE
CATEGORIES :
PECUNIARY
SUBJECT
MATTER
TERRITORIAL
Pecuniary jurisdiction implies
jurisdiction based upon monetary limits.

Jurisdiction with reference to subject

matter means that jurisdiction for certain
subjects has been exclusively vested in a
particular court.
oTerritorial jurisdiction is subject to
pecuniary limits and of jurisdiction
based on the subject matter.
As per the Code of civil
Procedure,1908,a suit regarding
immovable property(i.e. land ,
building , etc.) is required to be
instituted in the court within whose
jurisdiction the property is situated.
- Sec 16
A suit for relief or compensation for wrong to
immovable property can be filed in the court having
jurisdiction over the place where:

1. The property is situated

2. Where the defendant actually and voluntarily
resides
3. Where the defendant carries on business
4. Where the defendant personally works for gain

A defendant is a person or entity accused of a

crime in criminal prosecution.
Where the immovable property is situated
within the jurisdiction of different courts,
the suit may be instituted in either of the
said courts. – Sec 17
Where it is uncertain as to within who
jurisdiction out of two courts or more
courts any immovable property is situated

- any of the said courts may adjudicate

(settle) the same – Sec 18
 Suits for compensation for wrongs to
person or movables – Sec 19
A suit in the above case can be filed in the court having jurisdiction over the
place where:

1. The wrong was done

2. Where the defendant actually resides
3. Where the defendant carries on business
4. Where the defendant personally works for gain

The suit can be filed at the option of the plaintiff, in either of the courts
having jurisdiction over the said places.
Other suits to be instituted where
defendants reside or cause of action
arises – Sec 20
Where the defendant is a corporation

The following two situations are provided for in

the Code of Civil Procedure:

1. Where the corporation has its sole or

principal office
2. Where the cause of action arises at the place
where subordinate office of the corporation is
located ---- not the principal place of
business.
Cause of Action
Cause of action means the fact or facts which
gives a person the right to seek judicial relief.

Cause of action means the whole bundle of

material facts which are necessary for the
plaintiff to prove in order to entitle him to
succeed in the suit.
Where the cause of action arises partially in
different places, all such places would have
jurisdiction and the choice of a place from the
same vests with the plaintiff.
Jurisdiction and The
Information
Technology Act, 2000
 Some of the provisions of the IT Act, 2000
significantly affect the determination of the place
of jurisdiction in dispute arising out of, or in
connection with, the Internet.

 Therefore subsection 3, 4 and 5 of section 13 of

the IT Act, 2000 , assume relevance in
determining the place of cause of action.
INFORMATION TECHNOLOGY ACT,
2000
Section 13
“3. Save as otherwise agreed to between the originator
and the addressee, an electronic record is deemed to be
despatched at the place where the originator has his
place of business, and is deemed to be received at the
place where the addressee has his place of business.
4. the place where the computer resource is located
may be different from the place where the electronic
record is deemed to have been received under
subsection 3.
5. For the purpose of this section-

a) if the originator or the addressee has more than

one place of business, the principal place of
business, shall be the place of business;

b) if the originator or the addressee does not have a

place of business, his usual place of residence shall
be deemed to be the place of business;

c) "usual place of residence", in relation to a body

corporate, means the place where it is registered.
 Place of Cause of
Action in Contractual
and IPR Disputes
The Supreme Court has stated the various principles
pertaining to jurisdiction in contractual matters:

In a suit for damages for breach of contract, it may be filed

either at:
1. The place where the contract was made
2. Where the contract should have been performed
3. The breach occurred.

Breach of contract is a legal cause of action in which a

binding agreement is not honored by one or more of the
parties to the contract by non-performance.
Exclusion clauses in
Contracts
Restricting the jurisdiction to
one or more courts
Where several courts would have jurisdiction and the
parties have agreed to submit their disputes to one or more
of these jurisdictions and not to the other or others, such a
clause would be legally valid and it cannot be said that there
is total ouster of jurisdiction.

In other words, where the parties to a contract agree to

submit their disputes arising out of it, to a particular
jurisdiction which otherwise is a proper jurisdiction under
the law, such agreement is valid and not void.
Abuse of Exclusion
clauses
Where the parties are unequal and an exclusion clause
restricts jurisdiction to a place which would cause
extreme hardships to one party to the extent that it would
make it prohibitive for the weaker party to litigate his
claims, such a clause would be oppressive and unjust.
THANK YOU!!!