SC: Limitation Not a Preliminary Issue under Section 9A (Per Incuriam?)

Section 9A which was inserted by a State Amendment to the Code of Civil Procedure, 1908 provides that when at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken, such issue to be decided by the court as a preliminary issue and the court must first proceed to determine the issue of jurisdiction as a preliminary issue before granting for setting aside the order granting the interim relief.

Till date, the Judges of the Civil Courts in Maharashtra would entertain even issues of limitation in section 9A applications. However, the Hon’ble Supreme Court has recently held in Kamalakar Eknath Salunkhe vs. Baburav Vishnu Javalkar & Ors. (Civil Appeal No. 1085 of 2015) that the word ‘jurisdiction’ used in section 9A did not include issues of limitation. However, the judgement has received some criticism, even from the Judges of the Supreme Court itself.

Blogging & Law - How to Manage & Protect your Blog/Website

Pavan Duggal,
Indian Cyber Law Expert

Is posting someone else’s copyrighted images on your blog ‘fair use’? Which court has jurisdiction in respect of Indian Blogs, where servers are located outside India?

These questions are answered by Indian Cyber Law Expert, Mr. Pavan Duggal, as he advises bloggers as to how to manage and protect their blogs.

Mr. Duggal stresses on the necessity of having well drafted Privacy Policy, Terms and Conditions and Disclaimers, in order to avoid liability for any defamatory or plagiarized content posted on a blogger’s blog by a third party user (visitor) on the blog, under the Information Technology Act, or any other law. Especially Section 66A of the Information Technology Act, under which a blogger can be held criminally liable for comments of the blog visitor.