Jurisdiction of file a complaint of a party who fraudulantly denies the contract The complainant started working for a company as a freelancer, there is no duly signed document but the complainant has the confirmation message in Skype conversation. Also he has all the conversation with the said company's employees regarding the progress of the work and other conversations. Now the defendant company says that &quot;you were not worked in our company as an employee nor freelancer&quot;. Also they are accusing that the complainant accessed the server illegally and stole the data. Actually it was legal work, so how can the complainant get remedy? while filing the case the court questioned the jurisdiction because the complainant is in one district and the defendant is in other district within the same state Tamilnadu. Actually the work was done and committed in the place of Complainant but later point of time the defendant fraudulently denies the work and accusing that the Complainant access their server illegally from Complainant in his location. The complainant filed case in the Judicial Magistrate Court under 200 CrPC (1973) along with all the evidence to prove his innocence. How could we decide the jurisdiction? Is there is any case law or sections in favor to the complainant in India to file a case in his Jurisdiction?
Normally, an alleged offence of this sort that crosses jurisdictional boundaries will be deemed to have been committed where the defendant is located at the time of the offence regardless of where they live - as it is they who do the actus reus at the relevant time. In india, the venue is determined by section 177 of the Code Of Criminal Procedure, 1973: Ordinary place of inquiry and trial. Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. However, there is any doubt which is the appropriate venue section 178 will apply: Place of inquiry or trial. (a) When it is uncertain in which of several local areas an offence was committed, or (b) where an offence is committed, partly in one local area and partly in another, or (c) where an offence, is a continuing one, and continues to be committed in more local areas than one, or (d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas. Also, note the provisions of section 462: Proceedings in wrong place. No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub- division or other local area, unless it appears that such error has in fact occasioned a failure of justice.
To answer the last part of the question: Jurisdiction would be where the copied media is being producted and where it is being consumed/sold. Moving media from one jurisdiction with ineffectual protections to another jurisdiction is part of product piracy. The scheme you suggest might shield the company producing the counterfeit goods, leaving the importers holding the bag. If the importers and manufacturers are controlled by the same person, courts in jurisdictions with strong protection might hold that person liable for the whole criminal enterprise. There is a widespread assumption that the internet is 'beyond national laws.' That is wrong. Enforcement may be difficult in some cases, but the laws apply. If you try to make profits by skirting the edges of law, you need really good, really professional legal advice.
By &quot;complain&quot; I assume you mean &quot;take legal action against him&quot;. You would need a legal basis, and a lawyer. When you say that you don't have a contract, I assume you mean that you don't have a piece of signed paper, but you do have an agreement – which is a contract. As far as websites are concerned, there are only a few likely causes of legal action: copyright infringement, and non-payment for services. As far as copyright is concerned, this law may be relevant. If we assume that you and the client are operating in Iran, your copyright is protected, but Iran does not enforce other country's copyright laws (they are not signatories to the Berne Convention). If the issue is that the client is not paying for services rendered, you can sue them. The civil code (in English) is here. See article 219 ff. for the specifics, but basically you show the judge that there is an agreement, and that you were not paid. The client can then argue that you didn't actually do the job agreed to, or that you were paid. There are other possible responses (e.g. the &quot;client&quot; might prove that you agreed to do the work for free), the details of which will come out in your discussion with the lawyer.
No contract can limit a court's jurisdiction An NDA is a contract: it cannot prevent the application of the judicial process. Should your dispute reach a courtroom, the NDA and the documents it seeks to protect are all admissible and you should subpoena them from the defendant and submit those copies to the court (that way you are not breaking the terms of the NDA). What is not admissible is bona fide "without prejudice" documents: that is documents that contain admissions and offers made in a genuine attempt to settle a dispute. This privilege is established by the context of the document, not by if it does or does not have the words "without prejudice" on it (except, of course, that their presence/absence is part of the context).
You have to serve the defendant Unless and until you do, you aren’t going to court. If you can’t find the defendant, you can’t sue the defendant. Rules of service vary by jurisdiction but under the Uniform Civil Procedure Rules (UCPR) implemented in all jurisdictions in australia they are (for an individual): hand it to the defendant leave it in the presence of the defendant and explain what it is leave it with a person at the defendant's home address who appears to be over the age of 16 years and living at that address leave it at the defendant's work address, with a person who appears to be over the age of 16 years, if the defendant is a sole trader ask the Local Court to post it to the defendant either at the defendant's work address if they are a sole trader, or the defendant's residential address. So, it is really not that hard. However, if this proves too difficult, you can apply to the court for substituted service. Courts will generally allow any method where you can prove that the Statement of Claim came to the defendant’s attention. For example, service by Facebook has been acceptable.
I'm not going to comment on the specifics of this law; rather, I think this question shows a misconception of the way the legal system works in general. Here's the question: do you actually have "legally privileged" material on your phone? If not, what's keeping you from claiming that is that it's not true, and lying to a police officer is a bad idea. And just putting a letter from your lawyer on the phone doesn't mean you've established a legal privilege--attorney-client privilege is not a magic spell, it's a reasonable system of protection that only covers certain communications. The bottom line is: the statute in general, and that clause in particular, were included in the law to protect real, important, and substantial legal right. The courts interpret the law in light of that purpose. If the police officer finds a solution that protects your rights while still carrying out the purpose of the statute, the court will be unlikely to fault him or her. In this case, if you tell the officer that there is a letter from your attorney in a particular folder, the obvious solution is for the officer not to open that folder. Problem solved. In practice, in the United States at least, these cases are dealt with routinely; computers are seized, and attorneys and judges work together to ensure that privilege is protected while still allowing reasonable access to seized materials. I would imagine the same is true in the U.K. The bottom line is: the law is not a game, and technical "gotchas" are rarely effective. Common law systems allow judges enough leeway to avoid this sort of pointless technicality.
Jurisdiction is generally a matter for courts to decide. For example, in Kernel Records Oy v. Mosley, 694 F. 3d 1294 (2012), the plaintiff, having had their work published in Sweden, had filed a claim there, and lost. They then took the claim to the United States. Copyright infringement is generally actionable per se - no damage needs to actually be proven or sustained. Typically, the rule is that the proper law will apply. This is the state that seems to have the closest and most real connection to the facts of the case. Now, where there is more than one jurisdiction in which a claim may be brought - as in your example - a plaintiff may research the relevant statutes to determine which jurisdiction is most likely to afford them the most favourable outcome. It's called forum shopping. It is likely that the proper law will be that of A or C. This depends on a number of factors: Whether the infringing party profited from the infringement. If the infringing party profited from the act, then you are likely to want to bring the matter in A, so that you can recover damages. Whether the infringing party has any presence in B. If the party has a presence in B, then a claim in B is likely to be more cost-effective. Again, depending on the laws of the country, it may not be possible for the artist to bring a claim against the infringing party if they have no local presence. Some countries have laws that explicitly allow extraterritorial service. Whether the hosting service was aware of the copyright infringement. If the hosting service was aware of the infringement and failed to prevent it, then you may be able to claim for contributory infringement - they could then, depending on their contract/agreement with the infringing party, be able to claim for damages. The Napster case may be somewhat relevant to this, but it's hard to say anything concrete when working with hypothetical countries. At the very least, a claim against the hosting service - which may just be an injunction ordering the removal of the content - could be fruitful. The actual laws of the countries involved. If the artist has sufficient money, they can just choose the forum that is most favourable to them. In short, private international law is a tricky subject and there are so many factors that need to be accounted for.
Can a lawsuit naming multiple defendants be partially dismissed? Yes. This happens routinely. As one random example, in a recent 7th Circuit case, there was no doubt that the Plaintiff had stated a legally valid claim against two off-duty Indianapolis officers who choked a bar patron unconscious, dragged him facedown to parking lot, beat him still further, emptied his wallet, and left him covered in blood. But, the Plaintiff also named the city that employed them in its municipal police department when they were on duty as a defendant. The trial court denied the city's motion to dismiss, and a jury awarded $1.2 million of damages against the city as well. The 7th Circuit, however, held that the trial court should have dismissed the City that employed them as a defendant, since it did not have legal liability for the off duty conduct of its officers, and the City further purged itself of any claim that it adopted a policy tolerating this conduct when it fired the officers after learning of the incident. On the other hand, a plaintiff can sue defendants in the alternative and only has to dismiss a defendant when it is clear that no reasonably jury could hold that particular defendant liable. For example, suppose that a house with a structural carpentry defect was built by two framing contractors. It is clear that the defective work was all done by a single framing contractor and that it was defective, but there aren't good records of which contractor did what work. The Plaintiff can properly sue both framing contractors in the alternative for the damages caused by the defective framing work, and can leave it to the jury to decide on the merits which of the two did the defective work if the question isn't cleared upon unequivocally before then.