LEGAL AWARENESS 28102018B

A relevant question to be asked is why RIL filed the suit in Ahmedabad, when it could be argued that the cause of action arose in NDTV’s New Delhi studio, where the programme was recorded?

According to the suit, the programme, which was also broadcast on the internet, was available for access in Ahmedabad. It is contended that the programme falls under the meaning of “electronic record” under the Information Technology Act, and therefore can be said to have been published at any place. Thus, it is claimed that part of the cause of action arose in an area under the jurisdiction of Ahmedabad courts.

On this point, it is pertinent to note that the 2016 Kerala High Court judgment in G Madhavan Nair v. Union of India clearly states that just because information was accessed through a website does not mean any court would have jurisdiction over a case.

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