Personal jurisdiction
richa sharma
(Querist) 23 January 2013
This query is : Resolved
does the court have personal jurisdiction over multinational company?
Dr V. Nageswara Rao
(Expert) 23 January 2013
An Indian Court may exercise jurisdiction over MNC if it is incorporated in India also.
R.K Nanda
(Expert) 23 January 2013
yes, if MNC has office in India also.
Devajyoti Barman
(Expert) 23 January 2013
What do you mean by personal jurisdiction?
Raj Kumar Makkad
(Expert) 25 January 2013
No court has personal jurisdction over any case but has right to entertain as per law.
Dr V. Nageswara Rao
(Expert) 25 January 2013
1. Jurisdiction is classified into (a) territorial (b) personal--ratione personae (c) subject matter--ratione materiae (c) pecuniary and (d) temporal--ratione temporae jurisdiction.
2.Every state has personal jurisdiction over persons within its territory. Conversely, no state can exercise personal jurisdiction and authority over persons outside its territory unless the persons have manifested some contact with the state.
3. Corporations have a legal existence and a legal identity but not a tangible existence. They are subject to lawsuits involving tort and contract. As corporations became national economic entities, the courts of a state had difficulty finding personal jurisdiction if the corporation was not located within that state.Courts have held that a corporation is always subject to the jurisdiction of the courts in the state where it was incorporated.
4. Courts insist on presence of the person or subject matter within their jurisduction for the reasons of effectiveness of their judgments--they should be capable of being enforced against the person or the subject matter.
