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...

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...