Advocate (Dr.) Prashant Mali's Blog

WhatsAPP Video Call Divorce A Nagpur family court has granted divorce & Rs. 10 Lakhs settlement for the wife in the US and husband in India, after recording the wife’s consent via a WhatsApp video call. The husband, 37, a resident of Khamla in Nagpur, works in Michigan, but was in his home town when the divorce was officially granted by mutual consent. The wife, 35, is studying in Michigan, US, on a student visa. Expressing her inability to attend the hearing as she was not permitted to seek long leave from her educational institution, the woman had requested that the hearing be conducted via a WhatsApp video call. After seeking consent from both sides, Nagpur Family Court Judge Swati Chauhan allowed their separation on the condition that the husband would pay the woman a lump-sum one-time alimony of Rs 10 lakh. The divorce was finalised on January 14, 2019 .The family court had obtained th...

Definition of Hacking Hacking is broadly defined as the act of breaking into a computer system. Hacking isn't always a crime as "ethical hacking" occurs when a hacker is legally permitted to exploit security networks. In other words, it's when a hacker has the appropriate consent or authorization. However, hacking crosses the criminal line when a hacker accesses someone's computer system without such consent or authority. For instance, if an individual act without consent or any lawful authorization (i.e. from law enforcement agency and/or court order) and penetrates a business' firewall to access private servers and cloud storage systems or uses phishing to install malware to desktop and laptop computers with the intent to monitor communications and activities, they can be charged with a crime. Federal Hacking Laws There are several federal laws that address hacking, including: The Computer Fraud and Abuse Act (CFAA); The Stored Communications Act (SCA); The ...

Cryptojacking cybercrime and Laws in India & USA Cryptojacking (aka illegal cryptomining) is the practice of infecting a target with malware that uses a computer’s processing power to mine for cryptocurrencies without the owner’s consent or knowledge.  Monero is one of the most common cryptocurrencies that is mined by hackers.  While the crypto-miner is running the user will notice a very high graphics card and/or CPU usage level. The browser could use 40% or more of your available computer power. This means that the computer or smartphone will run slower, the battery will drain faster and the temperature of the device might increase as long as the script is running. Moreover, an increased workload on the device results in a higher electricity bill. How does cryptojacking works? Cryptojacking works off a user's browser or can be plugged into popular websites, that will then use resources from a visitor's PC using their browser. Hackers insert low-risk m...

"Temporary Injunction"  -  Few important judgments of the Supreme Court of India. 1. Rathnavathi v. Kavita Ganashamdas, (2015) 5 SCC 223 2. Ram Prakash Agarwal v. Gopi Krishan, (2013) 11 SCC 296 3. Lakshmi v. E. Jayaram, (2013) 9 SCC 311 4. Best Sellers Retail (India) (P) Ltd. v. Aditya Birla Nuvo Ltd., (2012) 6 SCC 792 5. Esha Ekta Appartments CHS Ltd. v. Municipal Corpn. of Mumbai, (2012) 4 SCC 689 6. Ranjit Kaur v. Major Harmohinder Singh, (2011) 15 SCC 95 : (2014) 2 SCC 7. Supreme Court Bar Assn. v. B.D. Kaushik, (2011) 13 SCC 774 8. Skyline Education Institute (India) (P) Ltd. v. S.L. Vaswani, (2010) 2 SCC 142 9. Home Care Retail Marts (P) Ltd. v. New Era Fabrics Ltd., (2009) 17 SCC 429 10. Zenit Mataplast (P) Ltd. v. State of Maharashtra, (2009) 10 SCC 388 11. Mandali Ranganna v. T. Ramachandra, (2008) 11 SCC 1 12. D. Dwarakanath Reddy v. Chaitanya Bharathi Educational Society, (2007) 6 SCC 130 13. M. Gurudas v. Rasaranjan, (2006) 8 SCC 367 14. Seema Arshad Zaheer v....

STAGES OF Cyber Crime CRIMINAL TRIAL. Normally a Cyber Crime Trial has to travel through main stages from the lodging of F.I.R. till its judgment, they are as under :- 1.       FIR       :-           Any person can launch prosecution against the person committing any legal wrong.  A complaint can be lodged orally or reduced in to writing before the police station within whose jurisdiction an offence is committed.  The Police Officer in-charge of the police station considers the complaint and registered 2.         Inquiry and Investigation    :-        An police officer after the receipt of the complaint under section 154 of the Code of Criminal Procedure, and matter is taken up for the investigation. 2-A.     If the Police Officer in-charge does not found any material in the complaint then he can register the complaint under section 155(2) of Code of Cr...

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...