Online fraud complaint jurisdiction | Online fraud ki shikayat kaha kare | online complaint file

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Jurisdiction over cyber crime and national laws

Jurisdiction is the power or authority of the court to hear and determine the cause and adjudicate upon the matter that are litigated before it or the power of the court to take cognizance of the matter brought before it but when it comes to determine the jurisdiction in context of cyber space it becomes strenuous part of law.

In common parlance Jurisdictions is of two types:

Subject jurisdiction allows the court to decide cases of a particular category and to check whether the claim is actionable in the court where the case has been filed.

Personal jurisdiction allows a court to decide on matters related to citizens or people of its territory, the person having some connection to that territory, irrespective of where the person is presently located. Every state exercises the personal jurisdiction over the people within its territory
The concept of jurisdiction can be understood in a better way with reference to section 15 to 20 of code of civil procedure (1908) which talks about the place of suing or the subject matter jurisdiction and section 20 of this code specifically speaks about any other category of suit which is not covered in sec 15 to 19 of the code.

Section 20 serves important ingredients for the purpose of institution of other suit in a court within the local limits of whose jurisdiction':

the defendant or each of the defendants resides, or carries on business, or personally works for gain at the time of the commencement of suit.

Any of the defendants, where there are more than one defendants resides, or carries on business, or personally works for gain at the time of the commencement of suit provided that in such cases either the leave of the court is given, or the defendants who do not reside, or carry on business, or personally works for gain, as aforesaid, acquiesce in such institution or,

the cause of action wholly or partially arises.

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