CyberLaw Academy
📝 Module 7 Assessment

Civil Remedies in Cyber Matters

100 Questions • 90 Minutes • 70% Passing

100
Questions
90
Minutes
70%
Passing
10
Parts
10
Per Part

Part 7.1 — S.46 Foundation (Q1-10)

1Section 43 IT Act deals with:
Section 43 establishes civil liability for contraventions.
2Section 43(b) covers:
S.43(b) covers downloading, copying, extracting without permission.
3Adjudicating Officer rank:
Section 46 specifies not below Director rank.
4Section 43A applies to:
S.43A creates liability for negligent body corporates.
5Civil proceedings burden:
Civil uses preponderance/balance of probability.
6NASSCOM v. Ajay Sood significance:
First major civil cyber case establishing phishing as illegal tort.
7Section 43(j) covers:
S.43(j) deals with source code theft, concealment, alteration.
8AO territorial jurisdiction:
S.46(2) provides multiple bases for jurisdiction.
9Appeal from AO to:
Section 57 provides appeal to TDSAT.
10Civil vs Criminal — civil advantage:
Civil gives complainant control and faster compensation.

Part 7.2 — Adjudicating Officers (Q11-20)

11AO max compensation:
AO can award up to ₹5 crore compensation.
12Appeal limitation to TDSAT:
Section 57 provides 45 days limitation.
13S.65B certificate is:
S.65B certificate is mandatory for admissibility.
14AO has powers of:
S.46(3) grants civil court powers to AO.
15Anvar P.V. held:
SC held 65B certificate is mandatory condition.
16Respondent reply time:
Respondent typically gets 30 days for reply.
17AO can appoint:
AO can engage technical experts for complex issues.
18Compensation heads include:
Multiple heads: direct, restoration, interruption, consequential.
19AO acts in capacity:
AO acts in quasi-judicial capacity.
20Claim above ₹5 Cr goes to:
Claims above ₹5 Cr exceed AO jurisdiction.

Part 7.3 — TDSAT Appeals (Q21-30)

21S.57 limitation:
Section 57 provides 45 days from receipt of order.
22Extension possible by:
TDSAT can condone delay up to further 45 days.
23TDSAT location:
TDSAT is centralized in New Delhi.
24Appeal from TDSAT to:
Section 62 provides appeal to Supreme Court.
25Stay requires:
Stay requires showing prima facie case, deposit, balance of convenience.
26CAT merged with TDSAT in:
Cyber Appellate Tribunal merged with TDSAT in 2017.
27Writ against TDSAT:
TDSAT orders appealable to SC — writ not maintainable.
28Who can file TDSAT appeal:
S.57 allows any aggrieved person to appeal.
29TDSAT disposal time:
TDSAT typically disposes in 6-12 months.
30Quantum error means:
Quantum error relates to compensation amount.

Part 7.4 — SC Appeals (Q31-40)

31S.62 appeal limitation:
Section 62 provides 60 days limitation.
32S.62 grounds per:
S.62 references S.100 CPC grounds.
33Substantial question means:
Substantial question must be of general importance.
34SLP under:
SLP is under Article 136.
35SLP scope vs S.62:
SLP has broader scope including exceptional circumstances.
36Leave under S.62:
SC must grant leave to appeal.
37Stay in SC appeal:
Stay must be specifically applied for.
38SLP limitation:
SLP generally has 90 days limitation.
39SC decision in IT matters:
SC is final appellate forum — binds all.
40Choose SLP when:
SLP for exceptional circumstances without pure legal question.

Part 7.5 — HC Jurisdiction (Q41-50)

41Delhi HC pecuniary limit:
Delhi HC original side: ₹2 Crore limit.
42Writ for directing action:
Mandamus commands authority to act.
43Writ to quash order:
Certiorari quashes illegal orders.
44Article 226 applies to:
Article 226 extends to any person or authority.
45Writ against private company:
Writ against private only if public function.
46Alternative remedy doctrine:
HC may decline writ if alternative remedy exists.
47Bombay HC limit:
Bombay HC original: ₹1 Crore limit.
48Article 227 provides:
Article 227 gives superintendence power.
49₹6 Cr cyber claim:
Above ₹5 Cr exceeds AO jurisdiction.
50Writ territorial jurisdiction:
Writ where cause arises or respondent located.

Part 7.6 — Injunctions (Q51-60)

51Triple test includes:
Triple test requires all three elements.
52Anton Piller is for:
Anton Piller allows search and seizure.
53Mareva freezes:
Mareva freezes assets before judgment.
54Irreparable injury means:
Irreparable cannot be made good by money.
55Trade secret irreparable because:
Trade secrets lose value permanently once disclosed.
56Ex-parte injunction requires:
Ex-parte needs urgency and full disclosure.
57Norwich Pharmacal order:
Norwich Pharmacal compels disclosure.
58Undertaking as to damages:
Undertaking protects defendant.
59Anton Piller requires:
Anton Piller needs strong case and destruction risk.
60Order 39 CPC covers:
Order 39 deals with temporary injunctions.

Part 7.7 — Content Writs (Q61-70)

61S.69A grounds include:
S.69A specifies sovereignty, security, public order.
62Shreya Singhal struck down:
Shreya Singhal struck down S.66A.
63Shreya Singhal on S.69A:
S.69A upheld with procedural safeguards.
64IT Rules 2021 removal timeline:
36 hours for government orders.
65S.79 safe harbor lost when:
Safe harbor conditional on due diligence.
66Writ to quash blocking:
Certiorari quashes illegal orders.
67Overbroad blocking means:
Overbroad = blocking more than necessary.
68Article 19(1)(a) guarantees:
Article 19(1)(a) = freedom of speech.
69Emergency blocking:
Emergency allows blocking without prior hearing.
70Unlawful in S.79 per Shreya Singhal:
Unlawful requires court or govt order.

Part 7.8 — Bank Unfreezing (Q71-80)

71I4C freeze via:
I4C sends alert to NPCI which auto-freezes.
72Police freeze without court order:
BNSS requires court order — police freeze questionable.
73Article 21 in freeze:
Article 21 includes right to livelihood.
74Mule account:
Mule = innocent account used by fraudsters.
75Writ to quash freeze:
Certiorari quashes illegal orders.
76Writ to direct unfreeze:
Mandamus commands action — unfreeze.
77Before writ, should:
Representation builds record.
78Partial release for:
Courts allow partial for living expenses.
79Natural justice violation:
No hearing violates audi alteram partem.
80Prove mule innocence:
Showing legitimate source proves innocence.

Part 7.9 — CPC Framework (Q81-90)

81Plaint requirements under:
Order 7 Rule 1 specifies plaint contents.
82WS time limit:
WS within 30 days, max 90 days.
83Non-specific denial:
Without specific denial = deemed admitted.
84Framing issues under:
Order 14 deals with issues.
85S.65B mandatory for:
S.65B mandatory for electronic evidence.
86Court fee based on:
Court fee computed on valuation.
87Counter-claim filed by:
Defendant can file counter-claim.
88Expert evidence:
Expert evidence crucial in cyber matters.
89Temporary injunction under:
Order 39 deals with temporary injunctions.
90S.85B provides:
S.85B creates presumption for electronic records.

Part 7.10 — Landmark Cases (Q91-100)

91First phishing case:
NASSCOM first declared phishing illegal.
92S.66A struck down by:
Shreya Singhal struck down S.66A.
93First domain dispute:
Yahoo India was first domain dispute.
94Specific knowledge defined in:
Myspace defined specific knowledge.
95Parody defense:
Tata v. Greenpeace established parody.
96S.69A per Shreya Singhal:
S.69A upheld with procedural safeguards.
97S.79 unlawful equals:
Unlawful = court or govt order.
98Algorithm content in:
Google India addressed algorithm suggestions.
Google India addressed algorithm suggestions.
99Passing off in cyberspace:
Yahoo India extended passing off to domains.
100S.79 safe harbor requires:
S.79 immunity conditional on due diligence.
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