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Interface Between Law and Technology: Cyber Jurisdiction
Interface Between Law and Technology: Cyber Jurisdiction
Jurisdiction.
Introduction:
Jurisdiction is the power and authority of a court to hear and
determine a judicial proceeding and the power to render a
particular judgment in question. Jurisdiction is a term of
comprehensive import embracing every kind of judicial action. It
roots from the two Latin terms juris meaning law and dicere
meaning to speak. Without jurisdiction, a courts judgment is
ineffective and impotent. Such jurisdiction is essentially of two
types, namely:
Subject matter jurisdiction: It is defined as the competence of
the court to hear and determine a particular category of cases. It
requires determination whether a claim is actionable in the court
where the case is filed.
Personal jurisdiction: It is a simple competence of the court to
determine a case against a particular
category whether the person is
subject to the court in which case is filed or the court has an
authority over a person, regardless of their location. Personal
jurisdiction is also called "in personam jurisdiction." The power of
a court to hear and determine a lawsuit involving a defendant by
virtue of the defendant's having some contact with the place
where the court is located. Personal jurisdiction, gives a court the
authority to make decisions binding on the persons involved in a
civil case. Every state has
personal jurisdiction over persons within its territory. Conversely,
no state can exercise personal jurisdiction and authority over pers
ons outside its territory unless the persons have manifested some
contact with the state.
Cases:
1. Bhagwan Dass Govardhan Dass Kedia v Purshottam Dass &
Co
2. Cybersell,Inc. vs. Cybersell, Inc 1997 US
3. Modi Entertainment Network and anr v. W.S.G. Cricket Pvt.
Ltd. 4
4. Braintech v. Kostiuk
5. Kusum Ingots & Alloys Limited v. Union of India and Anr