Friday, 30 June 2017

Legal Startups in June, 2017

Legal Industry is flourishing with Ideas, Funds and Technologists who are busy trying different things with Consultancy, Compliance and Publishing. As a result of these, we can see new legal startups every now-n-then.

But this is extremely grateful for young lawyers like me who are just waiting for the right opportunity. Not only these startups offer jobs but get niche services for the consumers. Just because of them, today consumer can make an informed decisions when it comes to any legal trouble or issue related to compliance.

Legal Tech is next emerging field and Professionals from legal Industry are already tying up with websites, digital Guru's to provide them a strong online presence.

Here are my top eight favorites which are making hustle in the Legal Industry of Today. Keep a eye on them. They are too good!

Legal Startups
Legal Startups India June, 2017


1 Aadvo 

Legal Tech market place to manage legal work online. Businesses and individuals can hire the best fit for their legal needs and manage their workflow and payment in the most simple and transparent manner.

InCourt 


InCourt is a legal news app that selects relevant news from multiple sources and Judgments from different Courts of India. The app summarizes news and judgments in 60 words or less. All summarized stories contain headlines, a brief description along with its background and relevant images. Get updated with plethora of latest legal updates in a nutshell.

THE LEGAL INDIA 

'The Legal India' is an online news portal that aggregates news and updates specific to the legal industry. Our motto is to increase legal awareness among the masses and increase the target audience beyond law fraternity for legal news and updates

People For Legal Assistance 

At PLA, we want to make legal easy, fast and simple and most of all approachable by making it available to more people than ever before.Long gone are those days when you had to look all around to get your legal demands met


Legistify 

Nation's widely used and one of the most unique "Online Legal Facilitation Platform". Whether you are in a startup, an established businessman or a student entrepreneur, legal problems should now be the least of your worries. We have got it all covered up for you!Experience Legal Liberation with legistify.

6 Conscientia Law Associates

We are a legal & compliance consulting firm with areas of focus in accounting, hr, business development, litigation, non-litigation, drafting, compliance management, e-filings, etc.

7 VAIDAT Legale Services

VLS we aim to provide specialized services to all our patrons in the field of foreign collaborations and investments, merger, acquisitions and takeovers, international trade, anti-dumping, multilateral/bilateral trade treaties, international taxation including taxation of ex-pats/non-resident

8 Patfrigate Solutions Private Limited

Patfrigate Solutions Private Limited is dedicated to providing quality intellectual property services to our domestic and international clients. We deal in matters spanning a vast spectrum of intellectual property rights like patents, trademarks, copyrights and digital economy IP rights.

If I have missed any, please feel free to add in the comments section below. Stay tuned for the Legal Startups in July. Coming soon!

Thursday, 8 June 2017

Electronic Evidence under Indian Evidence Act.

Electronic Evidence is only acceptable when Sec 65B certificate is given. 65B refers to process of creating the ‘Computer Output’ and not the process of “Creating the Electronic Document which is the subject matter of the computer output.


Sec 65B brings the binary electronic document to an “Admissible” form by creating a “Computer Output” as envisaged in the section.Open to court to call section 79A recognized “Digital Evidence Examiner” to assist it in resolving the disputed electronic document.

Sec 65 deals exclusively with Electronic Evidence. Any information printed on paper shall deem to be document only if it satisfies sec 65(2), without further proof or production of original. It has to fulfill Specified conditions:

1 Information is produced regularly from the device where the person has a lawful control over the computer.
2 Information fed was inserted in the ordinary course of activity.
3 During the material part of period, computer was working properly or not properly but it has not affected the record or the accuracy of its contents.
4 Information in record should be a reproduction or derivation from the information fed into the computer in the ordinary course of said activity.

Sec 65B (3- What constitutes as single computer
Sec 65B (4) - what should a certificate include.

For giving Certificate, secondary evidence to be dealt with Sec 65 A and 65B alone.

Sec 67A – Proof as to a Digital Signature.
Sec 73A – that person, controller or certifying authority to produce the digital signature.

Two latest Judgments that clarifies the legal position are:
 1 Anvar P.V vs. PK Basheer and others
2 Harpal Singh @Chhota  vs. State of Punjab

Mode of Proof:
a.       Integrity of the data
b.      Integrity of the hardware/Software
c.       Security of the system

Electronic messages- Sec 88 A, presumptions as to such messages. Sec 88, 88A, 114(f) of IEA with sec 26 of the General Clause Act are relevant sections for sending and receipt of email and its proof.

Email- read with 65B r/w Sec 88 A of IEA. Testimony to download and print the same is sufficient to prove.

Call Records-    Call an expert who is familiar with the operation of the computer concerned.

Proof of contents of C.D.-   Compliance of sec 65B and not the proof of CD.

Proof of a Photograph taken from Digital Camera-    Electronic record and can be proved as per section 65B of evidence Act.

Proof of obscene SMS sent through Mobile phone -   Sec 67 of IT act is Cognizable and non-bailable Offence under Sec 72 of the said act is non-cognizable and can be said to be bailable offence.
 
ATM-   
Video Conferencing – 65A and 65B of IEA and that definition includes video conferencing.

State of Maharashtra vs. Praful B Desai (AIR 2003) -why video conferencing should not be a essential part of the electronic evidence.

Identification Affidavit when the person is filing from remote location. Person who examines also has to file the affidavit. Oath has to be administered through media if the person giving not present. Plaint copy should be sent to the petitioner as specified in Civil Procedure Code.

Proof of digital signature of a person

Presumptions of Electronic Records – Sec 81 A of IEA, 85A of IEA,