Archive for December, 2007
SMS as admissible evidence
One of the pieces of circumstantial evidence sought to be relied by the prosecution in the Pramod Mahajan Murder Trial, was a threatening SMS (Short Message Service) sent by Pravin Mahajan (the accused) to Pramod Mahajan. It emerges from newspaper reports that the defense, (a) gave a demonstration that a SMS could emanate from a [...]
Liability of Intermediaries – Judicially Defined and Explained
In the case of Sanjay Kumar Kedia v. Narcotics Control Bureau, the Supreme Court deciding a special leave petition touched on Section 79 of the Information Technology Act, 2000. The Petitioner (Sanjay Kumar Kedia) was ostensibly running an online pharmacy which was allegedly used to sell psychotropic substances to customers without prescriptions. He was subsequently [...]
Disdain for Disclaimer’s
The Bar Council has recently been debating allowing lawyers to advertise on the Internet. Most of the websites of lawyers/law firms from India have a standard disclaimer. The disclaimer is essentially a statement of conformity with the bar council rules which place an absolute bar on advocates advertising and soliciting for any purpose, and indicating [...]
