Advocate (Dr.) Prashant Mali's Blog

Strategic Cybersecurity Thinking The ability to come up with effective plans in line with an organization's objectives within a particular cybersecurity situation. Strategic thinking helps cybersecurity managers review policy issues, perform long term planning, set goals and determine priorities, and identify potential risks and opportunities. Clearly, there needs to be a clear strategy as to what needs  to be done with respect to security. Such a strategy should determine the policies and  procedures. However in practice rarely a strategy for security is created. Most emphasis  is placed on policies, implementation of which is generally relegated to the lowest levels.  Rather it is assumed that most people will follow the policy that is created.  A strategic cybersecurity programme does not begin with tools and tactics, but with an articulation of one or more programme goals. Sun Tzu once said in The Art of War: “If you know the enemy and know yourself, yo...

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...

Judgement Dowload link A  Judicial Magistrate  in Puri today sentenced a man to six years of imprisonment in a cyber pornography (A revenge Porn) case, stated to be the first such case. Puri Sub-Divisional Judicial Magistrate Shibasis Giri also slapped a Rs-9,000 fine on the convict, Jayanta Kumar Das an alleged RTI activist, A fake profile was created by the accused in the name of the victim woman from Puri Township in a pornographic site, who then had uploaded the woman’s name, address, photo and phone number on a pornographic website in 2012 to take revenge against her husband. After her personal info was posed on the site, the victim started receiving calls from numerous persons enquiring about her interest in paid sex and wife swapping. The husband of the woman, a local journalist, had written about several cases involving the convict. The crime branch had arrested Das on September 18, 2012, following a complaint filed by the victim in July.He was...

Is Credit or Debit Card  PIN a Electronic Signature as per the Law ? For Lawyers across the world, click and wrap agreement i.e. the act of ticking an icon in the shape of a box to accept the terms of a contract can hardly count as a form of signature. In the physical world, that must be right. Similarly, it might be questioned that a personal identity number (PIN) can also be considered to be an electronic signature. Arguably, the PIN combines two functions. Before considering the two functions, consider the requirements of the bank. The bank needs to satisfy itself that: 1. The card is legitimate (this is difficult to achieve, as the reports about fraud demonstrate), and 2. The card is in the possession of the customer to whom it was issued, or a person authorised by the customer to use the card. If the bank satisfies itself that its computer systems are interacting with the card issued to the customer (which is not always the case), then the computer system...