ANALYTICAL STUDY OF NATURE AND SCOPE OF E- COMMERCE WITH RESPECT TO LEGAL FRAMEWORK IN INDIA
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Abstract
E-commerce in India is expanding day by day , so is the related challenge with respect to E- Commerce Regulations. There are many underlying issues that are posing as challenge to the growth of E-Commerce. Out of which one is with regard to the jurisdiction in case of disputes. This is not only a matter of concern in the national level but also at international level. Considering the fact that, there is no boundaries when it comes to Internet. The main issue is whether we can apply the traditional territorial doctrine of jurisdiction , that is applied in the physical world could also be applied or not ? Can the nature of the disputes and the liabilities could be identified and dispute settlement machinery be evolved in the similar manner that we apply in case of Physical jursidiction. Therefore, this paper tries to undertake a study to describe the present laws and regulations governing e-commerce and examine the challenges and opportunities of e-commerce under the present legal regime in India especially with respect to issue of Jurisdiction. The paper also seeks to find the effectiveness the present laws and regulations in dealing the legal issues of e-commerce in the present legal system and tries to suggest if any improvements required for a better legal and regulatory framework for ensuring a just, fair and consumer-friendly e-commerce environment in India and how the issue of jurisdiction can be settled when it comes to E-commerce related disputes.
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