Advocate (Dr.) Prashant Mali's Blog

Police need a  warrant to ask password from the accused: Case Law Case Law Details: Virendra Khanna Vs State of Karnataka  Petition No. 11759 of 2020 (GM-RES) A search warrant is necessary for the examination of a smartphone, laptop, or email account of an accused. Held by Karnataka High Court. An accused cannot be constrained to disclose the password/passcode of his gadgets or accounts through a mere order of a trial court to cooperate with. Section 100 of CrPC provides general procedures that need to be necessarily followed at the time of the search. I say that if the Investigation officer leaks the data A case can be filed under section 72 of The IT Act,2000. A search warrant is a written order which is issued by a Judge/ Magistrate or a Court to a police officer or any other person authorizing them to conduct a search of a person, location, or vehicle for evidence of a crime and confiscate illegal evidence of a crime. The court in Kalinga Tubes Ltd. v. D. Suri and in man...

IT Act is a Special Act: case laws By Advocate (Dr.) Prashant Mali Sharat Babu Digumarti   Vs . Govt. of NCT of Delhi.  MANU /SC/1592/2016.  Gagan Harsh Sharma and Ors. Vs. The State of Maharashtra and Ors. MANU/MH/3012/2018. Ajay Murlidhar Batheja Vs. The State Of Maharashtra and Ors. MANU/MH/  /2018. Special Law:   A law that applies to a place or especially to a particular member or members of a class of persons or things in the same situation but not to the entire class and that is unconstitutional if the classification made is arbitrary or without a reasonable or legitimate justification or basis 1. The Indian Parliament enacted in the Fifty-First Year of the Republic of India, an act called the Information Technology Act, 2000. This act is based on the resolution A/RES/51/162 adopted by the General Assembly of the United Nations on the 30 TH January 1997 regarding the model law on the electronic commerce earlier adopted ...

Final Judgement for Download E-tender case of BDD Chawl Development project of MAHADA Verified button pressing not registered on the software, but the tender files submitted on the server. Hon. Bombay HC asks NIC to team with MAHADA to submit the uploaded files and consider Shapoorji Pallonji Co. Pvt. Ltd as valid bidder. T his was the best landmark judgement where i (Prashant Mali) was acting as Expert Legal Counsel in e-tender matter along with Iqbal Chagla & Ravi Kadam (famous Sr. Advocates). My Legal opinion delivered earlier played a crucial role in defending the matter. For this was one of the historical case in my carrier and also is a landmark case in e-tender and Information technology domain. Shapoorji Pallonji & Company Pvt. Ltd. Vs State of Maharashtra, Mhada, NIC & Ors A interesting Judgement in e-tender & technology Case of Bombay High Court 11000 Crores India Biggest Redevelopment Project of BDD Chawls in Mumbai The bid doc...

India's fastest decided Cyber Stalking Case under IPC 354D for Sending Obscene messages on WhatsApp and Talking Obscene on Phone.  The Story: Mr. Atul Ganesh Patil use to work as a Security Guard in  company called "Motherson" which manufactures Bumpers of car and is located in Chakan MIDC near Pune in Maharashtra. The Victim girl had come for job interview and at the entry had written down her personal mobile Number in the entry Register. The young guard who is resident of Yavatmal District and worked in Chakan, copied down the number from register, saved it in his mobile and started sending obscene WhatsApp messages from his mobile phone and even called her to talk obscene things thereby committing  crime of stalking on her. Technically i feel had committed two more crimes i.e Data Theft and Breach of Privacy. I have seen such crimes happening across India, where the cell number is obtained and girls are chased, i see after digital payments have increas...