Online Dispute Resolution (ODR) For Crypto Currencies, Bitcoin, Digital Assets And NFTs

Online Dispute Resolution (ODR) is fast becoming a preferred choice for dispute resolution. This is so because it is fast, effective, economical and versatile in nature. Unlike traditional courts and litigation, ODR does not take years and a big amount of money to resolve the disputes.

ODR is more useful for contemporary businesses and commercial transactions where traditional laws, courts and legal systems have failed miserably. For instance, Dispute Resolution for Cross Border Crypto Currencies Transactions using traditional courts and litigation is not only futile but also counter productive. Only ODR can handle such disputes effectively and in a time bound manner.

But there are very few ODR Service Providers in the world that can handle such disputes. Technology like Artificial Intelligence can only give you a support but it can never substitute the expertise and experience of a qualified ODR Expert and Portal. We at ODR India Portal have more than two decades of Techno Legal experience and expertise and we are the classic example how ODR can be used for resolving Crypto Currencies disputes.

The best part is that ODR India Portal resolves all disputes online within 3 months of initiation of the ODR Dispute by both parties to the dispute. In exceptional cases, we may extend it with another month time to do complete justice to the parties and the situation.

So what are you waiting for? Resolve all your Bitcoin, Crypto Currencies, Digital Assets, NFTs and similar disputes online using ODR India Portal of Perry4Law Organisation (P4LO) and PTLB.

The Prevention Of Tampering Of The Mobile Device Equipment Identification Number (Amendment) Rules, 2022

The prevention of tampering of the Mobile Device Equipment Identification Number, Rules, 2017 (IMEI Rules 2017 (Pdf)) have been amended w.e.f 26-09-2022 through the prevention of tampering of the Mobile Device Equipment Identification Number (Amendment) Rules, 2022. You can see these IMEI related rules here (Pdf).

Newly inserted Rule 4(1) provides for registration of international mobile equipment identity number (IMEI Number) in India. From January 1, 2023 onwards, all mobile manufacturers in India shall register the IMEI number of every mobile phone manufactured in India with the Indian Counterfeited Device Restriction portal of the Government of India in the Department of Telecommunications prior to the first sale of the mobile phone.

Similarly, new Rule 4(2) provides that the IMEI number of the mobile phone imported in India for sale, testing, research or any other purpose shall be registered by the importer with the Indian Counterfeited Device Restriction portal of the Government of India in the Department of Telecommunications prior to import of mobile phone into the country.

Rule 4(2) has become applicable from the date of publication of these amendments in the Official Gazette, i.e. from 26-09-2022.

So mobile manufacturers in India have 3 months to comply with these IMEI Rules 2022 whereas mobile importers are already required to comply with these rules as on date.

If you need any techno legal services in this regard, feel free to contact us. You can also use our online dispute resolution (ODR) portal for online dispute resolution, TeleLaw and other techno legal services.

Cyber Security Breach Disclosure Norms Are Still Not Implemented In India Since 2014

Cyber security lapses and lack of cyber security expertise in India are exposed on daily basis in India since 2014. However, even in September 2022, cyber security is in a real bad condition. We have lack of dedicated and effective laws on cyber law, cyber security, etc on the one hand and unconstitutional and privacy violating activities of Indian govt on the other.

If this critical condition is not enough, the all is well attitude of Indian govt and Indian stakeholders completes the cycle. It does not matter at all in India if stakeholders do not follow the cyber security rules under the Information Technology Act, 2000. This all is well attitude fills in the cyber security skills and expertise gap in India.

This nexus between Indian govt and other Indian stakeholders is so strong that even if an individual reports any privacy violation, data breach, cyber attack or any cyber security vulnerability, neither CERT-In nor Indian govt takes any action.

Public spirited individuals and cyber security experts are discouraged from reporting cyber security breach incidences as that serves well and protects the status quo of insecure Indian cyberspace. The Digital India project itself suffers from lack of regulatory framework and procedural safeguards.

Visionary Praveen Dalal cautioned successive Indian govts since 2010 about unconstitutional Aadhaar, privacy violating activities, poor cyber law and missing cyber security law, pathetic cyber security of India, e-surveillance and many more issues. Neither Congress nor BJP did anything in this regard till September 2022.

But Perry4Law Organisation (P4LO) and PTLB have launched many good and effective techno legal projects to strengthen Indian cyberspace. These projects ensure privacy protection, data protection, data security, cyber security, civil liberties protection in cyberspace, management of conflict of laws in cyberspace, etc.

P4LO and PTLB also launched world renowned projects for online dispute resolution (ODR), e-courts, TeleLaw, etc to ensure digital empowerment of Indians and global stakeholders. ODR Portal of India has been helping global stakeholders in managing their techno legal regulatory and compliance requirements.

Stakeholders who are actually interested in managing regulatory and compliance in fields like cyber law, cyber security, privacy protection, data protection, internet intermediary compliance, social media compliance, cyber security breach disclosures, etc can contact ODR India Portal to handle the same on their behalf.

All Is Well Attitude Towards Cyber Security Of India Would Be Fatal Warns Visionary Praveen Dalal

India is a sitting duck in cyber security field and there is no doubt about that. Whether it is Congress or BJP, no political party paid the required attention to cyber security of India. Even when any govt tried to do so, industry and businesses have successfully pushed back a proactive cyber security system in India.

For instance, MSMEs of India are still not ready to comply with CERT-In’s cybersecurity rules. The India SME Forum wrote a letter to the govt seeking the 25-09-2022 deadline extension. Even if Modi govt does not allow such an extension, there would not be any material difference in this regard as hardly anybody reports cyber security breaches in India in any case.

From banks to directors of Indian companies, nobody takes cyber security breach reporting seriously. Telecom companies are worst affected as they actively harbour cyber criminals and cyber fraudsters who are exploiting their infrastructure without any fear and legal liabilities.

Authorities like Delhi Police are themselves useless as they lack technical capabilities and expertise to handle technology related crimes. Govt portals are just show pieces with no actual utility. You can report something there but no actual action is ever taken by such portals and authorities handling them. RBI Ombudsman is dead and there is no accountability of Indian banks to ensure robust cyber security for banking systems.

Similarly, Indian banks cannot even keep their servers up and running and expecting them to have secure systems is naive. RBI has done just lip service in this regard and online banking and digital payments are insecure in India. Bank customers are without any remedy except the one provided by Online Dispute Resolution (ODR) Portal of Visionary Praveen Dalal. ODR Portal of India is the only portal that is providing techno legal assistance to global stakeholders.

This all is well attitude for cyber security of India has persisted for almost two decades and no political party has the wisdom to bring the required and necessary changes. We have already lost a great deal of money in India to cyber criminals but the real damage is not even reported in media.

Monetary loss is just one aspect and other more dangerous and complicated aspects would be faced by India very soon. This all is well attitude would prove fatal to India in near future warns Visionary Praveen Dalal.

But if you are a serious player and you love India and its interest, contact ODR India Portal for your complete techno legal regulatory and compliance requirements in India and other jurisdictions. We would manage your cyber security, cyber law, digital evidencing, cyber forensic and many more techno legal regulatory and compliance needs.

Perry4Law Organisation (P4LO) and PTLB are managing the exclusive techno legal Centre of Excellence for Digital India Laws and Regulations in India (CEDILRI) since 2016. It is helping ODR India Portal to manage global techno legal regulatory and legal compliance of global stakeholders. Stay on the right side of law and contact ODR India Portal today for your techno legal regulatory and compliance needs.

Online Dispute Resolution For Digital Payment Frauds And Unauthorised Money Retention In India

With the increase in use of digital payments, cyber crimes and cyber frauds have increased tremendously in India. There are only few options available to Indians to report such cyber crimes and cyber frauds. Even lesser are the options to avail of appropriate remedies and get back the stolen money.

While it is good that India is pushing for digital payments yet lack of strong and stringent cyber law and cyber security laws would make this exercise counter productive. Digital payment system of India must be trustworthy, transparent, fair and customer friendly. There must be a well established dispute resolution mechanism in place so that customer disputes can be resolved effectively and efficiently.

India has currently adopted a model where banks and digital payment service providers have to establish an internal grievance redressal mechanism. Anybody who has dealt with such a system is aware that it is nothing more than a formality and customers rarely get any remedy or solution out of that redundant and obsolete model. Even Ombudsman system of RBI has become dysfunctional and is of little help except exerting moral pressure upon guilty banks and financial institutions.

The ODR India Portal of Visionary Praveen Dalal launched a nation wide test to check if RBI and cyber cells in India can handle cyber crimes, cyber frauds and banking frauds. Both RBI and cyber cells failed miserably and ODR Portal of India seems to be the only hope.

Equally bad is the cyber security preparedness of banks, telecom companies and Indian govt. Passing buck to each other and putting all blame upon the victim is the official strategy of Indian govt, banks, RBI, etc. That is why ODR India Portal is helping Indian customers to get their money back as soon as possible.

In order to get best results, bank customers must be vigilant and cyber aware. They must report all cyber crimes and cyber frauds to the banks and financial institutions as soon as possible. If the reporting is done within few hours of the occurrence, chances of recovery of full money are very bright. The more they delay in reporting, the lesser are the chances of getting back full money and only partial amount can be recovered.

This is where the ODR Portal of India becomes very important. Once a customer has informed his/her bank or financial institution, he/she can safely approach ODR India Portal. We would guide him/her about the entire procedure and would stay connected with him/her till the end. Twitter is also used to communicate and interact between various stakeholders involved in the case.

If a customer needs our help to approach the bank or financial institution for reporting purposes, we can help in that situation too. Cyber crime or cyber fraud victims can contact us in any of the mode, i.e. e-mail, chat, Twitter, etc.

Once the contact with concerned bank or financial institution is established and the cyber crime or cyber fraud has been duly reported, the customer can file an ODR Request at ODR India Portal. Include all details and information along with your ODR Request and we would contact back for additional documents and information, if any. Do not forget to add crucial details like mobile number, e-mail id, address, ID proof, communication with the bank and other Indian authorities, etc. That would result in faster processing of your request and better results.

After the ODR Request is filed, we would include all stakeholders in the request .i.e. customer, bank, ODR India Portal, Indian authorities, RBI, etc. Stakeholders would be added as per need basis and some would be added initially while others may be added as we proceed to recover back your money.

A stakeholder can file ODR Request for multiple purposes. It may be an online banking fraud or ATM fraud or credit/debit card cloning/fraud or any other fraud or crime. It can include digital payments frauds of any type or even when the money was initially obtained legally and at the instance of the stakeholder but its subsequent refund is not facilitated in a timely manner.

For instance, if you have purchased something from an e-commerce website and the promised product is not up to the mark, you may insist for a refund. If the e-commerce company fails to refund back the amount as per Indian laws, you can file an ODR Request at the ODR Portal of India to get back your money. We would ensure your money is paid back as soon as possible.

Similarly, there may be a case where the transaction is declined but your money is debited. If it is not refunded back in time, you can use the ODR Portal of India to get it back urgently.

There may be cases where banks or financial institutions may have deduced money from your account on some pretext and without your consent. You can use the ODR India Portal to get back that money.

There may be cases where the goods or services are not as promised and you may wish to get back the money for which defective good or services were provided. You can use the ODR India Portal to get back that money or to obtain qualitative and agreed upon goods or services.

These are just few examples and there may be many more situations where digital payment frauds and illegal money retention could be involved. Just use the ODR India Portal and we would make it sure that you would get justice and your money back.

We resolve all disputes online within a maximum period of 3 month. In most cases, they are resolved within a week time and 3 month is the outer limit that is seldom required. Our costs are also very reasonable and are directly proportional to the amount involved. This would not create any monetary pressure upon the user of our portal.

Both registration at the ODR India Portal and its services are absolutely free as part of our Access To Justice (A2J) and Justice For All initiatives. We only charge nominal Administrative Cost so that the wonderful services of ODR India Portal can continue to exist for global stakeholders.

Do not remain a moot spectator to the illegalities and unreasonableness of any person or institution and fight for your rights with the help of ODR India Portal.

ODR Is The Future Of Global Dispute Resolution Says Visionary Praveen Dalal

Dispute resolution is a complicated, costly and time consuming process and it is not suitable for all disputes. Nevertheless, litigants have little choice regarding the same as alternative dispute resolution (ADR) methods like arbitration have proved equally time consuming and unproductive in India.

Technology can play a big role in ensuring access to justice and justice for all but there is a lack of political will to use the same. For instance, Perry4Law Organisation (P4LO) introduced online dispute resolution (ODR) in India in 2004 but Indian govt failed to adopt the model even in September 2022. Clearly, law and political will is always behind technological revolution.

We at P4LO and PTLB are working hard to make India a global ODR hub as ODR is the future of global dispute resolution says Visionary Praveen Dalal. ODR Portal of India is now world renowned in ODR and dispute resolution field and it is providing the most extensive techno legal ODR services in the world.

Filing a dispute resolution request at ODR Portal of P4LO and PTLB only takes 2 minutes and it is as simple as filing an online form. We have adopted a super simple and easy to use model so that end users do not find it difficult to use. On top of that, we provide 24×7 customer support using multiple and diverse methods.

National and international stakeholders must adopt a proactive approach towards ODR as it offers tremendous advantages and benefits. It seems they are waiting for something to happen before they would adopt ODR for their internal and external disputes resolution.

ODR Portal of India has been designed in such a manner that it can be used by almost all stakeholders. For instance, social media companies and Internet intermediaries can use the ODR Portal of P4LO and PTLB for handling and managing grievances, disputes and complaints in India and world wide. There is no need to reinvent the wheel when we have already put in place an entire vehicle for dispute resolution. Twitter, LinkedIn, Google, Facebook, WhatsApp, etc can easily manage their Internet intermediary due diligence and other legal requirements in India by simply using the ODR Portal of P4LO and PTLB.

We have almost two decades of techno legal experience in ODR field that no other ODR portal or institution of the world possess. That is why we are comfortably resolving grievances/disputes in fields like cyber law, cyber security, cloud computing, privacy violation, data breaches and data protection, artificial intelligence, machine learning, e-games, intellectual property rights violations, etc. It would be a good idea to incorporate the ODR model of P4LO and PTLB in your day to day business functioning.

Online Dispute Resolution (ODR) In India

Online Dispute Resolution (ODR) was started in India in the year 2004 by Perry4Law Organisation (P4LO) and it has been rejuvenated and improved from time to time since then.

Just like other techno legal projects and initiatives of P4LO, ODR also proved another initiative that was two decades ahead of its time. Even in 2022, Indian govt has not been able to effectively use ODR for various purposes.

But ODR Portal of India is still there in 2022 to handle disputes of global stakeholders. It is the most extensive ODR Portal of the world as it covers both traditional and contemporary legal fields for dispute resolution.

From simple family matters to complicated techno legal issues of cyberspace, ODR Portal of India handles all sorts of disputes globally. We would cover each branch of dispute resolution separately but for the time being it is sufficient to say that ODR India Portal is the best possible alternative for traditional courts around the world.

For instance, ODR India is the only portal of the world that can be used by social media websites and their users alike. The social media websites can use the ODR India Portal for resolving disputes and grievances of their users whereas the users can use the ODR India Portal for lodging grievances and disputes and getting them resolved within 3 months.

It is a win-win situation for both social media companies and their users and our two decades of techno legal expertise would ensure justice for all.

It is a common misbelief that ODR needs shiny and sophisticated technologies to operate. This is not true and we at P4LO and ODR India Portal have proved this wrong many times. Even a simple e-mail exchange can be used to resolve disputes online.

We always use open source and simple technologies so that end users can use it with comfort. Filing an ODR dispute at the ODR India Portal hardly takes two minutes and it is as simple as filing an online form. We also provide 24×7 support to our users so that any issue can be resolved as soon as possible.

Think about a global portal that can be used by global stakeholders for almost all sorts of disputes and that are resolved within 3 months of institution of the complaint/grievance/dispute. This is the gift of P4LO to the whole world.

UK Inheritance Tax Planning For UK And Non-UK Residents And Expats

Inheritance law of UK is complicated in nature as in involves conflict of laws (Domicile), situs of the property (UK situated ones) and presumed legal fiction like deemed domicile. It is very difficult to manage all these issues simultaneously especially if other jurisdictions are also involved. Perry4Law Law Firm has been helping international clients in foreign jurisdictions in conflict of law fields for long.

As far as UK is concerned, its inheritance tax should be carefully managed as any single factor is enough to attract inheritance tax in UK. An individual may be liable to pay the inheritance tax even if he is not domiciled in UK as long as the property in question is situated in UK. Similarly, even if the property in question is located in foreign jurisdiction(s), still inheritance law of UK may be applicable if the individual is either domiciled or deemed domiciled in UK. His global properties shall be amenable to inheritance tax in UK.

While handling the cases of our clients from UK and other foreign jurisdictions, we observed that most of them failed to do proper tax planning at the initial stages were much difference can be made. Perry4Law strongly recommends that individuals should engage in tax planning as soon as possible as the consequences of not doing so at the right time can be very costly. On death, UK inheritance tax (IHT) is at a rate of 40%.

IHT is a tax on money or assets held at death and on gifts made during a lifetime when those gifts were made less than 7 years prior to death. However, each individual has an inheritance tax exemption of £325,000. In the case of a married couple this exemption can be passed onto a surviving spouse and after their death, the estate will enjoy a £650,000 tax free exemption.

Gifts made more than seven years prior to death, without the retention of a benefit (such as continuing to live in a gifted property rent free), shall be excluded from the deceased’s estate. Generally, any gifts made within seven years will form part of the estate. However, there are certain gift allowances that can be used year on year, where the seven-year rule is not applicable.

As stated earlier, the UK inheritance rules are largely made applicable based upon a person’s domicile. Such a domicile may be domicile of origin, domicile of choice or domicile by operation of law (like deemed domicile). Due to domicile, there may also be wealth/estate/inheritance tax liabilities in other jurisdictions. Therefore, expert advice should be taken in any jurisdiction where taxes might be chargeable.

The non-UK assets can be managed through a non-UK resident discretionary trust, before acquiring either a UK domicile by choice or through deemed domicile. This would exclude those assets from the UK estate for UK inheritance tax purposes. Following a person’s death, the trustees could distribute the trust assets to the beneficiaries; achieving the same results as a will but passing on the assets free from inheritance tax liability.

It is crucial for both UK and non-UK tax residents to take good legal advice at the earliest and it should be reviewed regularly to accommodate for any changes in the law and/or family circumstances.

Laws Of Domicile In India

Laws of domicile are scattered in India and are shaped by different laws and judicial precedents. This has made the concept of domicile technical and complicated, especially when conflict of laws or private international law is involved. For almost two decades, this masterpiece by Visionary Praveen Dalal has guided national and international clients of Perry4Law and global stakeholders in resolving their domicile related legal issues. Domicile is also relevant for conflict of laws purposes, so we are starting with this work that has been most widely and actively used in India and other jurisdiction since its publication in 2004.

I. Introduction

Domicile which is a private international law or conflict of laws concept identifies a person, in cases having a foreign element, with a territory subject to a single system of law, which is regarded as his personal law. A person is domiciled in the country in which he is considered to have his permanent home. His domicile is of the whole country, being governed by common rules of law, and not confined to a part of it. No one can be without a domicile and no one can have two domiciles. A domicile of origin is attributed to every person at birth by operation of law. This domicile is not decided by his place of birth or by the place of residence of his father or mother, but by the domicile of the appropriate parent at the time of his birth, according as he is legitimate or illegitimate. It is possible for the domicile of origin to be transmitted through several generations no member of which has ever resided for any length of time in the country of the domicile of origin. When a person is referred to as domiciled in a country, the expression ‘country’ is used in private international law as a term of art denoting, in the words of dicey, the whole of a territory subject under one sovereign to one body of law. But in a federation like the United States, Australia, or Canada, or in a composite State like the United Kingdom, different systems of law may prevail in different regions in respect of certain matters. In such cases, each of the territories governed by a separate system of law is treated, for the purpose of private international law, as a ‘country’, though in public international law or constitutional law it is not a separate sovereign State. This is, however, not the position in India. Though a Union of States, and a federation in that sense, the whole country is governed by a single unified system of law, with a unified system of judicial administration, notwithstanding the constitutional distribution of legislative powers between the Centre and the States. There is no State-wise domicile within the territory of India. A man who is domiciled in India is domiciled in every State in India and identified with a territorial system of legal rules pervading throughout the country. He is ‘domiciled’ in the whole of this country, even though his permanent home may be located in a particular spot within it . Thus, the concept of “domicile” varies from country to country and from jurisdiction to jurisdiction.

II. Domicile vs Residence

The word “domicile” should not be confused with a simple “residence”. The residence is a physical fact and no volition is needed to establish it. The animus manendi is not an essential requirement of residence, unlike in the case of a domicile of choice. Thus, any period of physical presence, however short, may constitute residence provided it is not transitory, fleeting or casual. The intention is not relevant to prove the physical fact of residence except to the extent of showing that it is not a mere fleeting or transitory existence To insist on an element of volition is to confuse the features of ‘residence’ with those of ‘domicile’. A person is ordinarily resident in a country if his residence there is not casual or uncertain, but is in the ordinary course of his life. A man may be ordinarily resident or habitually resident in more than one place. While ‘ordinary residence’ is the physical residence in regard to which intention is irrelevant, except to show that the residence is not merely fleeting, ‘habitual residence’ may denote a quality of endurance longer than ordinary residence, although duration, past or prospective, is only one of the many relevant factors, and there is no requirement of any particular minimum period. If a person resided there for the specific and limited purpose of education, he was ordinarily resident in that country, even if his permanent residence or real home was outside that country or his future intention or expectation was to live outside that country. The education, business, profession, employment, health, family, or merely love of the place are some of the reasons commonly regarded as sufficient for a choice of regular abode. It is only lawful residence that can be taken into account. If a man stays in a country in breach of immigration laws, his presence there does not constitute ordinary residence. While residence and intention are the two essential elements constituting the ‘domicile of choice’ residence in its own right is a connecting factor in a national legal system for purposes of taxation, jurisdiction, service of summons, voting etc.

III. Importance Of Domicile

The determination of domicile of an individual has a great legal significance. It helps in identifying the personal law by which an individual is governed in respect of various matters such as the essential validity of a marriage, the effect of marriage on the proprietary rights of husband and wife, jurisdiction in divorce and nullity of marriage, illegitimacy, legitimisation and adoption and testamentary and intestate succession to moveables. The domicile is the legal relationship between an individual and a territory with a distinctive legal system, which invokes that system as his personal law. It is well settled that the domicile of a person is in that country in which he either has or is deemed by law to have his permanent home. The notion, which lies at the root of the concept of domicile, is that of permanent home. But it is basically a legal concept for the purpose of determining what is the personal law applicable to an individual and even if an individual has no permanent home, he is invested with a domicile by law. There are two main classes of domicile: domicile of origin that is communicated by operation of law to each person at birth, that is the domicile of his father or his mother according as he is legitimate or illegitimate and domicile of choice which every person or full age is free to acquire in substitution for that which he presently possesses. The domicile of origin attaches to an individual by birth while the domicile of choice is acquired by residence in a territory subject to a distinctive legal system, with the intention to reside there permanently or indefinitely. Each person who has, or whom the law deems to have, his permanent home within the territorial limits of a single system of law is domiciled in the country over which the system extends; and he is domiciled in the whole of that country even though his home may be fixed at a particular spot within it. In federal states some branches of law are within the competence of the federal authorities and for these purposes the whole federation will be subject to a single system of law and an individual may be spoken of as domiciled in the federation as a whole; other branches of law are within the competence of the states or provinces of the federation and the individual will be domiciled in one state or province only. The Constitution recognises only one domicile, namely, domicile in India. Art. 5 of the Constitution is clear and explicit on this point and it refers only to one domicile, namely, “domicile in the territory of India. “The legal system, which prevails throughout the territory of India, is one single indivisible system. It would be absurd to suggest that the Legal system varies from State to State or that the legal system of a State is different from the legal system of the Union of India, merely because with respect to the subjects within their legislative competence, the States have power to make laws. The concept of ‘domicile’ has no relevance to the applicability of municipal laws, whether made by the Union of India or by the States. It would not, therefore, be right to say that a citizen of India is domiciled in one state or another forming part of the Union of India. The domicile, which he has, is only one domicile, namely, domicile in the territory of India. When a person who is permanently resident in one State goes to another State with intention to reside there permanently or indefinitely, his domicile does not undergo any change: he does not acquire a new domicile of choice. His domicile remains the same, namely, Indian domicile. Moreover to think in terms of state domicile with be highly detrimental to the concept of unity and integrity of India.

IV. Types Of Domicile

The law of domicile in India can be traced under the Indian Succession Act, 1925. The domicile under the provisions of the Act can be classified under the following categories:

(i) Domicile of origin,

(ii) Domicile of choice, and

(iii) Domicile by operation of law.

(i) Domicile Of Origin: Every person must have a personal law, and accordingly every one must have a domicile. He receives at birth a domicile of origin, which remains his domicile, wherever he goes, unless and until he acquires a new domicile. The new domicile, acquired subsequently, is generally called a domicile of choice. The domicile of origin is received by operation of law at birth and for acquisition of a domicile of choice one of the necessary conditions is the intention to remain there permanently. The domicile of origin is retained and cannot be divested until the acquisition of the domicile of choice. By merely leaving his country, even permanently, one will not, in the eye of law, lose his domicile until he acquires a new one. This proposition that the domicile of origin is retained until the acquisition of a domicile of choice is well established and does not admit of any exception.

(ii) Domicile Of Choice: The domicile of origin continues until he acquires a domicile of choice in another country. Upon abandonment of a domicile of choice, he may acquire a new domicile of choice, or his domicile of origin, which remained in abeyance, revives. The burden of proving a change of domicile is on him who asserts it. The domicile of origin is more tenacious. “Its character is more enduring, its hold stronger and less easily shaken off. The burden of proving that a domicile of origin is abandoned is needed much heavier than in the case of a domicile of choice. No domicile of choice can be acquired by entering a country illegally. The domicile of choice is a combination of residence and intention. Residence, which is a physical fact, means bodily presence as an inhabitant. Such residence must be combined with intention to reside permanently or for an unlimited time in a country. It is such intention coupled with residence that acquires him a new domicile. It is immaterial for this purpose that the residence is for a short duration, provided it is coupled with the requisite state of the mind, namely the intention to reside there permanently. If a man intends to return to the land of his birth upon a clearly foreseen and reasonably anticipated contingency, such as, the end of his studies, he lacks the intention required by law. His tastes, habits, conduct, actions, ambitions, health, hopes, and projects are keys to his intention. That place is properly the domicile of a person in which he has voluntarily fixed the habitation of himself and his family, not for a mere special and temporary purpose, but with a present intention of making it his permanent home, unless and until something (which is unexpected or the happening of which is uncertain) shall occur to induce him to adopt some other permanent home. The only intention required for a proof of a change of domicile is an intention of permanent residence. What is required to be established is that the person who is alleged to have changed his domicile of origin has voluntarily fixed the habitation of himself and his family in, the, new country, not for a mere special or temporary purpose, but with a present intention of making it his permanent home. On the question of domicile at a particular time the course of his conduct and the facts and circumstances before and after that time are relevant.

(c) Domicile By Operation Of Law. (Married women’s domicile): The rules of Private International Law in India are not codified and are scattered in different enactments such as the Civil Procedure Code, the Contract Act, the Indian Succession Act, the Indian Divorce Act, and the Special Marriage Act etc. In addition, some rules have also been evolved by judicial decisions. In matters of status or legal capacity of natural persons, matrimonial disputes, custody of children, adoption, testamentary and intestate succession etc. the problem in this country is complicated by the fact that there exist different personal laws and no uniform rule can be laid down for all citizens. The distinction between matters which concern personal and family affairs and those which concern commercial relationships, civil wrongs etc. is well recognised in other countries and legal systems. The law in the former area tends to be primarily determined and influenced by social, moral and religious considerations, and public policy plays a special and important role in shaping it. Hence, in almost all the countries the jurisdictional, procedural and substantive rules that are applied to disputes arising in this area are significantly different from those applied to claims in other areas. That is as it ought to be. For, no country can afford to sacrifice its internal unity, stability and tranquility for the sake of uniformity of rules and comity of nations which considerations are important and appropriate to facilitate international trade, commerce, industry, communication, transport, exchange of services, technology, manpower etc. This glaring Tact of national life has been recognised both by the Hague Convention of 1968 on the Recognition of Divorce and Legal Separations as well as by the Judgments Convention of the European Community of the same year. Article 10 of the Hague Convention expressly provides that the contracting States may refuse to recognise a divorce or legal separation if such recognition is manifestly incompatible with their public policy. The Judgments Convention of the European Community expressly excludes from its scope (a) status or legal capacity of natural persons, (b) rights in property arising out of a matrimonial relationship, (c) wills and succession, (d) social security, and (e) bankruptcy. A separate convention was contemplated for the last of the subjects. We cannot also lose sight of the fact that today more than ever in the past; the need for definitive rules for recognition of foreign judgments in personal and family matters, and particularly in matrimonial disputes has surged to the surface. Many a man and woman of this land with different personal laws have migrated and are migrating to different countries either to make their permanent abode there or for temporary residence. Likewise there is also immigration of the nationals of other countries. The advancement in communication and transportation has also made it easier for individuals to hop from one country to another. It is also not unusual to come across cases where citizens of this count ry have been contracting marriages either in this country or abroad with nationals of the other countries or among themselves, or having married here, either both or one of them migrate to other countries. There are also cases where parties having married here have been either domiciled or residing separately in different foreign countries. This migration, temporary or permanent, has also been giving rise to various kinds of matrimonial disputes destroying in its turn the family and its peace. A large number of foreign decrees in matrimonial matters are becoming the order of the day. The jurisdiction assumed by the foreign court as well as the grounds on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be as follows: (i) where the matrimonial action is filed in the forum where the respondent is domiciled or habitually and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married; (ii) where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on a ground available under the matrimonial law under which the parties are married; (iii) where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties. The aforesaid rule with its stated exceptions has the merit of being just and equitable. It does no injustice to any of the parties. The parties do and ought to know their rights and obligations when they marry under a particular law. They cannot be heard to make a grievance about it later or allowed to bypass it by subterfuges as in the present case. The rule also has an advantage of rescuing the institution of marriage from the uncertain maze of the rules of the Private International Law of the different countries with regard to jurisdiction and merits based variously on domicile, nationality, residence — permanent or temporary or ad hoc, forum, proper law etc. and ensuring certainty in the most vital field of national life and conformity with public policy. The rule further takes account of the needs of modern life and makes due allowance to accommodate them. Above all, it gives protection to women, the most vulnerable section of our society, whatever the strata to which they may belong. In particular it frees them from the bondage of the tyrannical and servile rule that wife’s domicile follows that of her husband and that it is the husband’s domiciliary law, which determines the jurisdiction and judges the merits of the case.

V. Judicial Response

In Dr.Pradeep Jain v U.O.I the Supreme Court observed: “The entire country is taken as one nation with one citizenship and every effort of the Constitution makers is directed towards emphasizing, maintaining and preserving the unity and integrity of the nation. Now if India is one nation and there is only one citizenship, namely, citizenship of India, and every citizen has a right to move freely throughout the territory of India and to reside and settle in any part of India, irrespective of the place where he is born or the language which he speaks or the religion which he professes and he is guaranteed freedom of trade, commerce and intercourse throughout the territory of India and is entitled to equality before the law and equal protection of the law with other citizens in every part of the territory of India, it is difficult to see how a citizen having his permanent home in Tamil Nadu or speaking Tamil language can be regarded as an outsider in Uttar Pradesh or a citizen having his permanent home in Maharashtra or speaking Marathi language be regarded as an outsider in Karnataka. He must be held entitled to the same rights as a citizen having his permanent home in Uttar Pradesh or Karnataka, as the case may be. To regard him as an outsider would be to deny him his constitutional rights and to derecognise the essent ial unity and integrity of the country by treating it as if it were a mere conglomeration of independent States”.

In Dr.Yogesh Bhardwaj v State of U.P the Supreme Court observed: “Domicile’, being a private international law concept, is inapposite to the relevant provisions, having no foreign element, i.e., having no contact with any system of law other than Indian, unless that expression is understood in a less technical sense. An expression, which has acquired a special and technical connotation, and developed as a rule of choice or connecting factor amongst the competing diverse legal systems as to the choice of law or forum, is, when employed out of context, in situations having no contact with any foreign system of law, apt to cloud the intended import of the statutory instrument.In Mr. Louis De Raedt v U.O.I the Supreme Court observed: “For the acquisition of a domicile of choice, it must be shown that the person concerned had a certain State of mind, the animus manendi. If he claims that he acquired a new domicile at a particular time, he must prove that he had formed the intention of making his permanent home in the country of residence and of continuing to reside there permanently. Residence alone, unaccompanied by this state of mind, is insufficient. The burden to prove that the petitioners had an intention to stay permanently in India lies on them. The fundamental right of the foreigner is confined to Article 21 for life and liberty and does not include the right to reside and settle in this country, as mentioned in Article 19(1)(e), which is applicable only to the citizens of this country. The power of the Government in India to expel foreigners is absolute and unlimited and there is no provision in the Constitution fettering this discretion. The legal position on this aspect is not uniform in all the countries but so far the law that operates in India is concerned, the Executive Government has unrestricted right to expel a foreigner”.

In Y. Narasimha Rao V Y. Venkata Lakshmi the Supreme Court observed: “As pointed out above, the present decree dissolving the marriage passed by the foreign court is without jurisdiction according to the Act as neither the marriage was celebrated nor the parties last resided together nor the respondent resided within the jurisdiction of that court. The decree is also passed on a ground that is not available under the Act, which is applicable to the marriage. What is further, the decree has been obtained by appellant 1 by stating that he was the resident of the Missouri State when the record shows that he was only a bird of passage there and was ordinarily a resident of the State of Louisiana. He had, if at all, only technically satisfied the requirement of residence of 90 days with the only purpose of obtaining the divorce. He was neither domiciled in that State nor had he an intention to make it his home. He had also no substantial connection with the forum”.

VI. Conclusion

The law of domicile in India is crystal clear and is free from any ambiguities. The same is important for resolving the “conflict of laws” in India. There seems to be an ignorance of the concept in its true perspective in India. There is an urgent need to spread “public awareness” in this regard.

© Praveen Dalal, CEO Perry4Law, PTLB and PTLITC. All rights reserved with the author.

Use Of ODR For E-Commerce Dispute Resolution In India

India is fast becoming a good market for e-commerce and online business. However, India is also facing many techno legal challenges that need to be resolved on priority basis. For instance, consumer protection in India is very poor and e-commerce portals are a big ground for consumer disputes in India.

Dispute resolution at e-commerce portals, whether govt or private, is not at all satisfactory. These portals are manned by inexperienced and inefficient people and as a result consumer disputes are rarely resolved to the satisfaction of the consumers and customers in India.

Customer support and grievance redressal officials of these e-commerce portals are not even in a position to understand the problems of Indian consumers and customers and their actual redressal is a big challenge. Defective and fake products, poor delivery infrastructure, bad refund policies, untimely payment of the refund amounts or wrongfully charged money, etc are some of the common problems in India.

E-commerce portals in India are also internet intermediaries as per the provisions of Information Technology Act, 2000 that is the cyber law of India. As internet intermediaries, e-commerce portals are required to appoint grievance redressal and nodal officers in India to handle consumer and customer complaints and grievances. Anybody who has dealt with these appointed individuals can tell you that these appointments are just formality to satisfy the mandates of IT Act, 2000 and its Rules so that these portals are not punished.

So far the e-commerce portals, internet intermediaries and social media portals have taken both Indian laws and Indian govt very lightly. A consumer who has faced any hardship does not get any relief either at the portal or at the govt offices. Such a consumer or customer is at the mercy of traditional justice delivery systems that are time consuming, costly and ineffective.

But ODR India Portal of Visionary Praveen Dalal has digitally empowered Indian consumers and customers in a manner that no other person, institution or even Indian govt can match. Both e-commerce portals and their customers can use the portal to resolve their grievances, disputes and complaints. We resolve all disputes, complaints and grievances within a maximum period of 3 month and at very affordable cost.

The entire dispute resolution process is online and it hardly takes 2 minute to lodge a grievance, dispute or complaint at the ODR India Portal. We manage all documentation and formalities after the initial filing and we guide the parties to the dispute at every stage. We resolve all disputes as soon as possible and within a maximum period of 3 month. In exceptional cases and to meet the end of justice, we extend that period for another 2 month after recording the reason to do so in writing.

E-commerce stakeholders can use the ODR India Portal in multiple ways. Firstly, our partner e-commerce portals can directly and effectively use the ODR India Portal by simply making the ODR Portal a primary dispute resolution mechanism. ODR India Portal can also supplement the existing dispute resolution mechanism of our partner e-commerce portals and can act as an impartial appellate authority for its decisions. This would ensure justice and fairness for all e-commerce stakeholders in India.

Secondly, e-commerce stakeholders can use the ODR Clause of ODR India Portal any time and this would trigger the dispute resolution process of ODR India Portal. They can use multiple methods to activate that ODR Clause and we have provided many options to the e-commerce stakeholders to do so.

Thirdly, Consumer Protection in India has been super charged by ODR India Portal by ensuring their digital empowerment. Even if the e-commerce portal is not willing to be judged by the best techno legal professionals and experts of ODR India Portal, this does not forbid us from initiating the process. All that is needed is filing of a grievance, complaint or dispute by the aggrieved consumer or customer and ODR India Portal would start the process and coordinate with the e-commerce portal. This would resolve the issues in almost all cases.

Fourthly, there is nothing that forbids us to take up your issue and matter with the concerned e-commerce portal on the legal and judicial sides. We would use the laws of India to ensure appropriate remedy and justice to the aggrieved customer or consumer of e-commerce portals. We can send legal notices, provide legal consultancies, extend TeleLaw support, file a court case, coordinate with other lawyers to file a case on your behalf, etc. So there are unlimited options available to the aggrieved consumer or customer under the ODR India Portal.

We have extraordinary presence upon Twitter in order to ensure Access To Justice (A2J) and Justice For All and we do not take civil liberties and rights violations lightly. E-commerce portals, internet intermediaries, social media portals, etc found guilty of violating Indian laws or rights of Indians would be confronted by us at Twitter as well.

We believe in a responsible, accountable and transparent e-commerce environment and ecosystem in India and ODR India Portal would be its foundation. Let us together make India a global hub for e-commerce and online services.