JURISDICTIONAL ISSUES RELATING TO E-COMMERCE LAW IN INDIA
Keywords:
E-commerece, JurisdictionAbstract
The term E-Commerce plainly means Electronic Commerce and while there is no statute that provides a precise definition to E-Commercei , it is plainly used in a sense that roughly translates to conducting business through electronic means, not restricted only to sale and purchase of goods but also including delivery, service , management and supply chain.ii However, the definition in the Foreign Direct Investment Policy of India recognizes only the aspect of buying and selling of goods, thereby restricting the scope of interpretation. India has been a witness to a technological revolution that has opened up several opportunities for businesses and a major beneficiary for this development is the rapidly growing ECommerce sector in India that has been credited for expansion of major businesses like Amazon and Flipkart. Computer networks have thus, become an important part of the economic infrastructure as transactions are facilitated over the web.
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i The Draft National E- Commerce Policy,23 February 2019, pp.9 available at
https://dipp.gov.in/sites/default/files/DraftNational_e-commerce_Policy_23February2019.pdf
ii E-Commerce in India-Legal, Tax and Regulatory Analysis, July 2015 available at
http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/E-Commerce_in_India.pdf
iii Para 6.2.16.2.1 of the Consolidated FDI Policy, 2014
iv Para 6.2.16.3 of the Consolidated FDI Policy 2014
v Para 6.2.16.4 of the Consolidated FDI Policy 2014
vi Section 4, The Indian Contract Act, 1872
vii Section 23, The Indian Contact Act, 1872
viii Section 16(3), The Indian Contract Act, 1872
ix Section 10-A, The Information Technology Act, 2000
x Section 13, The Information Technology Act, 2000
xi Disputes in E-Commerce , Harvard Law Review Volume XVIII available at
http://cyber.law.harvard.edu/ecommerce/disputes.html
xii The Thomson Reuters Textbook on Code of Civil Procedure, 1908 pp. 233
xiii Abhinav C, Cyberspace: Jurisdictional Issues and Consumer Protection in E-Commerce published in Journal
of Research in Commerce & Management, Volume III Issue VII (July 2014)
xiv Section 75, The Information Technology Act, 2000.
xv Section 5, The Information Technology Act, 2000
xvi Manisha P, The LawMantra Journal, Volume 4 Issue 10 available at http://journal.lawmantra.co.in/wpcontent/uploads/2017/08/10.pdf
xvii Section 85(c), The Indian Evidence Act, 1872
xviii Section 65(b), The Indian Evidence Act, 1872
xix Section 3, The Indian Penal Code, 1860
xx SMC Pneumatics v. Jogeshwar Kalra Case no. 1279 of 2001, pending before the Delhi High Court
xxi Banyan Tree Holdings Limited v. M.Murali Krishna Reddy & Ors Case No.894 of 2008, Delhi HC
xxii Section 20, The Code of Civil Procedure, 1908
xxiii Modi Entertainment Network & Anr v. W.S.G Cricket Private Limited AIR 2003 SC 1177
xxiv Dhodha House v. S.K Maingi 2006(9) SCC 41
xxv World Wrestling Entertainment Inc. v Reshma Collection FAO (OS) 506/2013 and CM Nos. 17627/2013 &
18606/2013, decided on October 15, 2014.
xxvi India TV Independent News v. India Broadcasting Live & Ors 2007 (35) PTC 177 Del
xxvii Kusum Ingots & Alloys Ltd v. Union of India & Anr (2004) 6 SCC 254
xxviii Casio India Co. Ltd V. Ashita Tele Systems Pvt Ltd 2003 27 PTC 265 Delhi
xxix Rediff Communication Ltd. v. Cyber Booth AIR 2000 BOM 27
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