Advocate (Dr.) Prashant Mali's Blog

What’s a Fraud according to Law in India Landmark Judgment of supreme court on Fraud By "fraud" is meant an intention to deceive; whether it is from any expectation of advantage to the party himself or from ill will towards the other is immaterial. The expression "fraud" involves two elements, deceit and injury to the person deceived. Injury is something other than economic loss, that is, deprivation of property, whether movable or immovable or of money and it will include any harm whatever caused to any person in body, mind, reputation or such others. In short, it is a non-economic or non-pecuniary loss. A benefit or advantage to the deceiver, will almost always cause loss or detriment to the deceived. Even in those rare cases where there is a benefit or advantage to the deceiver, but no corresponding loss to the deceived, the second condition is satisfied.  A "fraud" is an act of deliberate deception with the design of securing something by tak...

Old headless CAT Going TDSAT Coming, The IT Act, 2000 is amended By Advocate Prashant Mali, Cyber Law Expert The government’s in response to a February 2015 report of a parliamentary standing committee that noted the absence of uniformity in the conditions of service of tribunals.  Government planned a large-scale reshuffle of tribunals, the government sought to reduce the number of these tribunals and bring parity in the service conditions of their officials. CAT (Cyber Appellate Tribunal) From 2011, has barely been functioning. It still pays out salaries to its employees but no judicial order has been passed nor has any case been heard for the last five years. A CAG audit had noted that after the retirement of the CAT’s last chairperson in June 2011, there has been no replacement appointed as of June 2016. However, members  and other staff continued to render services in the CAT since then and expenditure of Rs. 27.64 crore were incurred on its establ...