Concerned a dispute with regard to the subscriber, inter aliachallenging the authenticity of computer generated bills which contained the charges. The Court held that, “printouts taken from the computer/server by mechanical process as contemplated under Sections 65 and 65-A of the Evidence Act is permitted, irrespective of the compliance with the requirement of Section 65-B of the Act”.
Significant Litigation
These are some of the significant litigation that we are following.
State v. Navjot Sandhu
The Hon’ble Supreme Court when examining Section 65B, held that even when an affidavit/certificate under Sec. 65B is not filed it would not foreclose the Court from examining such evidence provided it complies with the requirements of Section 63 and 65 of the Evidence Act.
Super Cassettes v. Myspace Inc.
One of India’s first judgments on the issue of intermediary liability specifically on the point of copyright infringement of recordings of the plaintiff.
Vinod Kaushik v. Madhvika Joshi
Concerned the legality of accessing a spouse’s email account without their permission. A significant ruling on unauthorised access under the Information Technology Act.
Eastern Book Company v. DB Modak
This is the definitive ruling on the level of copyright protection available to electronic databases in India. The supreme court adopting the ruling of the United States Supreme Court in Fiest holds mere.
Rayala M. Bhuvaneswari v. Nagaphanender Rayala
A court ruling on the admissibility of evidence acquired clandestinely by a spouse. Held that due to a fiduciary relationship between the parties as well as the wife’s right to privacy the tapes were inadmissible as evidence.
Sanjay Kumar Kedia v. Narcotics Control Bureau (2008)
This case concerned allegations of the petitioner running an illegal online pharmacy and claiming exemption from liability being an intermediary. This supreme court order determines the petitioners claims on being an intermediary.
Dharambir v. Central Bureau of Investigation
A Delhi High Court Case in which several accused were prosecuted on the basis of intercepted telephone conversations. The case concerns the admissibility and reliability of digital evidence.
Frank Finn Management Consultants v. Subhash Motwani and Another
A ruling on the determination of territorial jurisdiction in cases of internet defamation.
ICC Development (International) Limited v. Arvee Enterprises and Anr
Discusses legal remedies which may be open to parties in cases of ambush marketing.
Blog
News
UIDAI row between plan panel, home ministry resolved: Chidambaram
3G: DoT questions TDSAT jurisdiction to hear telcos’ plea
Justice S.K. Krishna appointed as Judicial Member of the Cyber Appellate Tribunal
NYT interviews Sachin Pilot on Internet Censorship
Govt asks Bharti, Vodafone, Idea to stop 3G roaming pacts