In Personam Jurisdiction — The English Common Law and Indian Position

A Dubai businessman lands at Mumbai airport for a two-day conference. A London supplier’s lawyer is waiting with court papers. Was the businessman properly brought before a court, just by being handed a document on Indian soil? English lawyers would say that being served while physically present can be enough. Indian procedure, based on residence, business and cause of action, asks different questions. This topic compares the two approaches to personal jurisdiction and shows how each deals with the foreign defendant.

In two minutes

English common law founds personal jurisdiction on the defendant’s presence when served, on submission, and on court permission to serve abroad; India uses the place-of-suing rules of the Code (residence, business, cause of action) and tests foreign courts’ competence under s.13.

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