Advocate (Dr.) Prashant Mali's Blog

Solvency Certificate Introduction : The solvency certificate is required for seeking admission in Govt. Medical and st1:place>Engineering Colleges. It is also required for Court matters, like obtaining bails. The certificate is required as a document of surety by various Govt. and semi-Govt. offices. The solvency certificate is issued on the basis of the documents showing ownership of flats/lands in Mumbai City.     Under What Act/Rules/Govt. orders the Certificate is issued : Govt. of Maharashtra, Revenue and Forests Deptt. Letter No.MMC/1072/196859/G-2/ dt. 2.11.72     Whom to apply : Collector of Mumbai City (Survey Branch),Old Custom House, Shahid Bhagatsingh Marg, Fort, Mumbai 400 001.     How to apply :Application to be made in the prescribed form Affix Court Fee Stamp of Rs.5/- on the application     What documents to attach : Xerox copy of Agreement of ownership Flats/shops situated in Mumbai City District duly attested     ...

What are pre-conditions for leading secondary evidence?  In so far as the question of law formulated by this Court i.e. 'whether under Section 65 of the Indian Evidence Act, 1872, secondary evidence in the form of oral evidence can be led or considered to prove the contents of the document allegedly lost' is concerned, in my view, before allowing production of secondary evidence, it must be established that the original document is lost or destroyed or is being deliberately withheld by the party. Supreme Court in the case of Rakesh Mohindra Vs.Anita Beri and Ors., reported in 2016 ALL SCR 1 has held that the party who seeks to lead secondary evidence has to lay down the factual foundation to establish the right to give secondary evidence where the original document cannot be produced. It is held that neither mere admission of a document in evidence amounts to its proof nor mere making of an exhibit of a document dispenses with its proof, which is otherwise required to be done i...

RIGHTS OF THE ACCUSED WHO IS ARRESTED In CYBER CRIME MATTER  1. Protection against arbitrary or unlawful arrest (Article 22 of the Constitution and Section 41, 55 and 151 of Cr.P.C.) 2. Protection against arbitrary or unlawful searches (Sees. 93, 94, 97, 100(4) to (8). and 165 of Cr.P.C.) 3. Protection against “Double Jeopardy” (Article 20(2) of the Constitution and Section 300 of Cr.P.C.) 4. Protection against conviction or enhanced punishment under ex-past facto law (Article 20(1) of the Constitution) 5. Protection against arbitrary or illegal detention in custody (Article 22 of the Constitution and Sees. 56, 57 and 76 of Cr.P.C.) 6. Right to be informed of the grounds, immediately after the arrest (Article 71(1) of the Constitution and Section 50 of Cr.P.C. as also Sees. 55 and 75 of Cr.P.C.) 7. Right of the arrested person not to be subjected to unnecessary restraint (Section 49 of Cr.P.C.) 8. Right to consult a lawyer of his own choice (Article 22(1) of the Constitution and Se...

21 Months Jail & $77,000 Fine  for Sabotaging CITI Bank Network in 2013 Ex staff of Citibank named  Lennon Ray Brown  was sentenced to Jail for 21 months  along with a $77,000 fine  by a Texas court ( U.S. District C. Godbey   ) for sabotaging the bank’s internal network, The Register reports. Lennon Ray Brown, who worked at the bank’s Irving office, said he wanted to get back at management for "firing" him after he was called out for poor job performance. Brown had been working at Citibank's Irving, Texas, corporate office since 2012, first as a contractor and later as a staff employee, when he was called in by a manager and reprimanded for poor performance. Brown, 38, admitted that on December 23, 2013, he issued commands to wipe the configuration files on 10 core routers within Citibank's internal network. Brown deliberately uploaded commands to the bank's Global Control Center routers that deleted the configuration files, ultimately conges...

Microsoft looses its Anti piracy raid case due to wrong facts in the Petition The Bombay High Court has criticised Microsoft for making misleading claims when it secured a preliminary order that allowed the company to search the premises of a local company it accused of copyright infringement.  Court vacated a stay it had granted this June in favour of the US tech major in its plea against  Girnar Software  over unlicensed use of its products. In a ruling handed down on July 15, 2016  Hon. Justice Gautam Patel vacated a previous order handed down last month and has given Microsoft an opportunity to withdraw its complaint.  In the dispute, US-based Microsoft sued Girnar Software earlier this year for allegedly using unauthorised copies of its software including Microsoft Windows, Office and Visual Studios.  On June 24, Hon. Justice had granted Microsoft’s request for an Anton Piller order. Under those orders, a defendant in a proceeding is required ...

Terrorist have created an application 'calculator' which can be downloaded on smart phones attached to the off-air network created specifically for them. The technology is based on the concept of 'cognitive digital radio' that enables users to turn their smartphones into peer-to-peer, off-grid communication tools. The network generates its own signal through proprietary adhoc networking protocols and automatically coordinates with other units within range which enables users to send and receive text messages, share their GPS locations on offline maps regardless of access to WiFi or cellular service. The Calculator app is loaded on a normal Android phone and communicates over WiFi to the Radio which further gets transmitted on VHF as digital burst communication.  The principle is same as Gotennna but with little difference.  Gotennna uses Bluetooth to communicate with the a small Radio device Antenna which further uses UHF to transmit data.  Gotennna works on P2P conc...