CyberSathya

Software Developer turned Advocate, with specialization in Cyber Law.

Cancellation of registration in fraudulent transactions: MHC comments

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The Court has mooted the introduction of a quasi-judicial appellate tribunal which would have the final say in disputes concerning such transactions. The Madras High Court on Friday clarified the legal position when it comes to the cancellation of registration of fraudulent transactions, including fraudulent transfer of property (S Kanniammal @ Mangai v. State of … Read more

What are the powers of the court or police about the search and seizure of a smartphone, computer, server or any other electronic item or equipment?

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 ????  9. ANSWER POINT No.1: Can a direction be issued to an accused to furnish the password, passcode or Biometrics in order to open the smartphone and/or email account?  The Investigating Officer, during the course of an investigation, could always issue any direction and/or make a request to the accused or other persons connected with … Read more

Account Closed Cheque – Private Complaint under 200 CrPC – Madras High Court Order

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Return ஆன காசோலையை வைத்து 420, 406, 417 IPC யில் இனிமேல் (private complaint) criminal case நீங்கள் போடலாம், 138 limitation தேவை படாது, மேலும் account closed என்று cheque return memo இருந்தால் போதும் direct ஆக criminal case போடலாம்,, உயர் நீதிமன்றம் உத்தரவு, பழைய return cheque 138 limitation முடிந்து விட்டது என்று வருந்த வேண்டாம், இந்த judgment ஐ பயன்படுத்தி கொள்ளவும்,

Application for the post of Chairperson and Members for Child Welfare Committees

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Sharing as forwarded. Department of Social Defence The District Child Protection Officer,District Child Protection Unit Name of Post: Chairperson and Members for Child Welfare Committees Applications should be sent to the following address, The District Child Protection Officer,District Child Protection Unit2nd Floor, Old Building,Collectorate Building,Coimbatore -641018 Last Date: on or before 17.08.2021 at 05.00 p.m.

Article 227 Petition Maintainable Against Domestic Violence Act Proceedings: Madras High Court

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Article 227 is “forum-neutral”, which makes no distinction between civil court and criminal court. The Madras High Court has held that a petition under Article 227 of the Constitution is maintainable to seek the quashing of proceedings under the Domestic Violence Act. A single bench of Justice GR Swaminathan held that regardless of whether DV Act proceeding … Read more

Section 138 NI Act- Not Mentioning Date Of Service Of Demand Notice Is Not Fatal To Case: Allahabad High Court

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The Allahabad High Court has held that a complaint for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, cannot be dismissed merely because it does not mention the date on which the demand notice was served upon the alleged defaulter/ drawer. “The complaint cannot be thrown at the threshold even if … Read more

Parties Who Privately Agree To Settle Disputes Without Court Intervention U/s 89 CPC Also Entitled To Refund Of Court Fee: Supreme Court

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“The importance of private amicable negotiation between the parties cannot be understated’ The Supreme Court held that the parties who privately agree to settle their dispute outside the modes contemplated under Section 89 of the Code of Civil Procedure are also entitled to refund of Court fees. The participants in private settlements will be entitled … Read more

Legal Maxims – important terms.

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???? IMPORTANT LEGAL MAXIMS ???? ✍️1.Ubi jus ibi remedium – Where there is a right, there is a remedy. ✍️2.Volenti non fit injuria – Damage suffered by consent gives no cause of action. ✍️3.Alibi – At another place, elsewhere ✍️4.Audi alteram partem – No man shall be condemned unheard. ✍️5.Locus standi – Right of a … Read more