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Cyber Crime & Law

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Palvinder Singh

on 8 March 2018

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Transcript of Cyber Crime & Law

Place of Business
Section 13(5) lays down that in order to determine the 'place of bussiness' of two parties, the following points may be noted in this regard :
If the originator or addressee has more than one place of business, the pricipal place of business shall be the place of business ;
If the originator or addressee does not have a place of business , his ususal place of residence shall be demed to be the place of business ;
The usual place of business , in relation to a ody corporate means the place where it is registered.
P.R Transport Agency vs Union of India, Air 2006
Bhart Coking Coal Ltd (BCC) held an e-auction for coal in different lots. P.R Transport Agency's (PRTA) bid was accepted for 4000 metric tons of coal from Dobari colliery. The acceptance letter was issued on 19th July 2005 by e-mailing to PRTA's e-mail address. After getting e-acceptance, PRTA deposted the full amount of Rs 81.12 lakh through a cheque in favour of BCC. BCC accepted this cheque and hot ot encashed. BCC did not deliver the coal to PRTA but it sent an e-mail to PRTA Ssaying that the sale as well as e-auction in favour of PRTA stood cancelled "due to some technical and unavoidable reasons ."The only reason for cancellation was that some higher bid for coal could not be considered earlier due to some flaw in the computer/its programme/feeding of data.PRTA challengedthis communication in High Court of Allahabad(UP). BCC objected to the territorial jurisdiction of the court on the grounds that no part of the cause of action had arisen within UP.
PRTA recieved acceptance at Chandauli/Varanasi (principal place and other place of bussiness and both in UP) and the contract became complete by receipt of such acceptance. Both these places are within the territorial jurisdiction of High Court of Allahabad. Therefore , part of cause of action has arisen in UP and the COURT has territorial jurisdiction.
Groff vs America Online, Inc.,1998
Groff was one of a host of lawsuits brought as a result of AOL's decision to offer users unlimited internet access in exchange for a flat monthly fee. This represented a switch from AOL'S prior pricing model, under which uders were provided a limited time online for a lower set fee. Usage that exceeded the proscribed minimum was billed out at an hourly rate.
Plaintiff Groff and others charged that this offer violated the Rhode Island Unfair Trade Practice and Consumer Act, because AOL knew that its computer system was incapable of providing the offered services to the number of uders AOL expected to accept its offer.
Electronic Record
Meaning of Electronic Record.it means data, record or data generated image or sound stored , recieved or sent in an electronic form or micro film or computer generated micro fiche.
Dharamvir vs. Central Bureau of Investigation (2008)
This case concerns the admissibilty and reliability of digital evidence. In this case CD intercepted telephone conversation which were copied from the hard disk were produced as the evidence in a legal proceeding. The court dealt with the question as to whether the said content can be considered as the electronic
record. The Court observed that the recording of telephone calls and even hard disks shall constitute electronic record that can be used as evidence.
By Palvinder Singh
By Palvinder Singh
Roll No. 184
Sec B
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