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Unauthorised access to gmail of husband

https://www.lawweb.in/2012/04/nauthorized-access-to-gmail-of.html

unauthorized access to gmail of husband,wife is liable to pay damages

 
BEFORE SH. RAJESH AGGARWAL, ADJUDICATING OFFICER, INFORMATION TECHNOLOGY ACT 2000, GOVERNMENT OF MAHARASHTRA, AT MANTRALAYA, MUMBAI — 400032
Complaint No. 2 of 2010 IN THE MATTER OF
1. Sh. Vinod Kaushik
2. Sh. Neeraj )Kaushik……..Complainants Through Mrs. S.R. Padhy, Advocate
Versus
1. Ms. Madhvika Joshi
2. Sb. Atul Tripathy
3. Ms. Monika Agnihotri
4. Cognizant Technology Solutions Pvt.
Respondents
Through Mrs. Vaishali Bhagwat, Advocate for R 1-3,
and Sh. Amit P. Gagh, Advocate for R-4
This case is primarily against Respondent No. I by her Father-n-Iaw and Husband (Complainants) for accessing their Gmail accounts and using some emails and chat session print outs as evidence in the Dowry Harassment case lodged by her ag&nst them. This case was originally heard by my predecessor Dr. Ajay Bhushan Pandey, and he passed order dismissing the Application on 9ll August 2010. Against this, the Complainant Sh Vinod Kaushik (along with  Sh. Neeraj Kaushik) appealed to Cyber Appellate Tribunal, where Hon’ble Justice Sh. Rajesh Tandon, Chairperson of the Tribunal passed order on 29” June 2011, asking the Adjudicating Officer to decide the matter afresh in accordance with the observations made in the order. Mainly these observations were regarding proper impleadment by Appellant No. 2 (Sh. Neeraj Kaushik) before Adjudicating Officer and second on whether proceedings against Respondent No. 4 (Cognizant Technology Solutions Pvt Ltd. Pune) had been dropped by the Adjudicating Officer.
Without repeating the full history of the case, which is available in the two orders mentioned above (by Adjudicating officer and Cyber Appellate Tribunal), I would focus on the substantive issues. In hearings before me, Complainant No. 1 (Sh. Vinod Kaushik) and Respondent No. 1 (Ms. Madhvika Joshi) appeared personally, and through their learned advocates. Respondent numbers 2, 3 were represented by same advocate as for Respondent number 1, while Respondent No, 4 was represented by their advocate- Complainant No. 1 (Sh Vinod Kaushik) maintained that his son Sh. Neeral Kaushik (Complainant No. 2) was being represented by him, and produced a document signed by Sh. Neeraj Kaushik authorising it. However, learned Advocate for Respondent No. 1 took objection in first hearing that while the document mentioned that signature of Sh. Vinod Kaushik is confirmed as below”, the document actually bore no signature of Sh. Venod Kaushik. During next hearing(s), Sh. Vinod Kaushik brought the same document with his signature appended. Learned Advocate for Respondent No. 1 pointed out that this did not bear fresh Nconfirmationh by Sh. Neeraj Kaushik, and did not h!ar new date, but she said she will not press this technical point further.

 


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