The single-judge court granted leave to sue the first defendant, accepting jurisdiction over the second respondent based on their international website reaching the Court's area. The matter was numbered and posted for future listing.
Leave to sue the first defendant granted; application allowed; suit to be numbered and posted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.133 of 2021 in C.S.D.No.2689 of 2021
A.No.133 of 2021 in C.S.D.No.2689 of 2021
R.PONGIAPPAN, J.,
Heard. Documents perused.
2. This application has been filed for granting leave to sue the first defendant on the file of this Court.
3. Admittedly, the second respondent is running his business within the jurisdiction of this Court. In respect to the first respondent, though the said Office is situated at California, United States, the material uploaded in their website are published all over the world including the area, in which, this Court is having the jurisdiction. Therefore, a substantial part of the cause of action has been arised within the jurisdiction of this Court. The same view has also been taken by the Delhi High Court in the case of SWAMI RAMDEV AND OTHERS vs. FACEBOOK, INC. AND OTHERS reported in MANU/DE/3436/2019 .
4. In the said circumstances, the leave prayed for by the applicant is granted. This application is allowed accordingly.
5. Registry is directed to number the suit, if it is otherwise in
order and post the matter on 29.01.2021.
22.01.2021
sri
1/2
A.No.133 of 2021 in C.S.D.No.2689 of 2021
R.PONGIAPPAN, J.
sri
A.No.133 of 2021
in C.S.D.No.2689 of 2021
22.01.2021
2/2
3 issues framed by the court
Whether leave to sue the first defendant should be granted given the jurisdictional connection regarding the second respondent's website and the cause of action.
Whether the jurisdiction of this Court is established for adjudicating the cause of action.
Whether the application for leave to sue the first defendant should be allowed accordingly.
Colour shows how this judgement treated each authority
SWAMI RAMDEV AND OTHERS vs. FACEBOOK, INC. AND OTHERSReferred¶6
SWAMI RAMDEV AND OTHERS vs. FACEBOOK, INC. AND OTHERS MANU/DE/3436/2019
The Applicant
The First Defendant
The First Respondent
The Second Respondent
R. PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
