Page 81 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

Notes
Example: In Yahoo! Inc. v. Akash Arora, the plaintiff, who was the registered owner of
the domain name “Yahoo.com” succeeded in obtaining an injunction from the Delhi High Court
restraining the defendant and his agents from dealing in service or goods on the internet or
otherwise under the domain name “Yahooindia.com” or any other trade mark or domain name
which was deceptively similar to the plaintiff’s trade mark “Yahoo”.

4.4 Objectives of the Act

The objectives of the Act as reflected in the preamble to the Act are:
(i) to provide legal recognition for transactions carried out by means of electronic data
interchange and other means of electronic communication, commonly referred to as
“electronic commerce”, which involves the use of alternatives to paper-based methods of
communication and storage of information;
(ii) to facilitate electronic filing of documents with the government agencies;

(iii) to facilitate electronic storage of data in place of paper-based methods of storage of data.
(iv) to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Banker’s Books
Evidence Act, 1891, and the Reserve Bank of India Act, 1934, and

(v) to provide for matters connected therewith or incidental thereto.

Task Right to Information Act shall be helpful for common man. How they get
benefited to use this Act?

4.5 Commencement and Application

It extends to the whole of India and save as otherwise provided in this Act, it applies to any
offence or contravention thereunder committed outside India by any person.
This Act is not applicable to the following:

(i) a negotiable instrument (other than a cheque) as defined in Sec.13 of the Negotiable
Instruments Act, 1881;
(ii) a power-of-attorney as defined in Sec.1A of the Power of Attorney Act, 1882;

(iii) a trust as defined in Sec.3 of the Indian Trust Act, 1882;

(iv) a will as defined in Sec.2(h) of the Indian Succession Act, 1925 including any other
testamentary disposition by whatever name called;
(v) any contract for the sale or conveyance of immovable property or any interest in such
property;

(vi) any such class of documents or transactions as may be notified by the Central Government
in the Offi cial Gazette.

Did u know? Internet Corporation for Assigned Names and Numbers (ICANN). ICANN

was formed in 1999 as a private, nonprofit coporation to manage the Domain Name
System.

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