Evidence Act, 1872, Section 65B -- Secondary evidence - Whatsapp messages - Certificate u/s 65-B of the Act not available to authenticate said messages - Such messages of no evidentiary value as on date...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Specific allegation of putting nude pictures of informant on whatsapp - Merely because petitioner is husband of informant, does not constitute a valid ground to quash FIR...........
Advocates Act, 1961, Section 35 -- Advocate - Suspension of licence - Service of notice - In current situation prevailing due to Covid-19 pandemic, if a notice was/is to be sent on whatsapp, then the same must also be sent via email on the same date - This would imply that a notice can be sent via whatsapp only if sender also has email address of notice available with him..........
Advocates Act, 1961, Section 35 -- Advocate - Suspension of licence - Power of State Bar Council - Notice issued to petitioner was defective, not properly addressed and not properly served, either by whatsapp or by post - Resolution/order passed thereafter to suspend licence to practice of petitioner, while referring complaint to disciplinary committee, has been reached..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 384, Information Technology Act, 2000, Section 66D -- Bail - Offence u/s 384 IPC, S.66-D of I.T Act - Allegation in FIR is that in whatsapp, a message was posted making allegation against informants that they are members of a gang involved in theft of children - Applicant is said to be group admin..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Rape case - Condition restraining accused not to use social media like Face Book, Whatsapp, Twitter, Instagram etc, till investigation of crime is complete while granting bail to accused - Such conditions can be imposed, when main grievance of victim is that accused is circulating her photographs in social media, more..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Request declined on the first day of motion - Wife proceeding to Malaysia and it shall not be possible for her to return to India after six months - Wife may participate in proceedings either through video conferencing or through Whatsapp call - No interference..........
Legal proceedings -- Service of notices, summons and exchange of pleadings/documents - During period of lock down in view of Covid-19 pandemic - Such services may be effected by e-mail, Fax, commonly used instant messaging services, such as Whatsapp, Telegram, Signal etc. - However, if a party intends to effect service by means of said instant messaging services, it is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 153A, 505, 270, 109 -- Bail - Offence u/ss 153-A, 505, 270, 109 IPC - Petitioner with an intention to promote disharmony, hatredness and hostile to humanity uploaded messages on facebook - They are likely to cause panic amongst people when entire world is undergoing a traumatic situation due to..........
Public place - - Whatsapp messages - Exchange of messages on personal account of two persons - Not public place - However, if messages are posted in Whatsapp Group then it is public place as all members of the group have access to those messages...........
