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The plaintiff filed a suit for permanent injunction restraining the defendant from doing his illegal acts of sending derogatory emails to the plaintiff. On behalf of the plaintiff, it was contended that the emails sent by the defendant were distinctly obscene, vulgar, abusive, intimidating, humiliating and defamatory in nature.

Counsel further argued that the aim of sending the said emails was to malign the high reputation of the plaintiff all over India and the world. He further contended that the acts of the defendant in sending the emails had resulted in an invasion of the legal rights of the plaintiff.

Further, the defendant is under a duty not to send the aforesaid emails. It is pertinent to note that after the plaintiff company discovered the said employee could be indulging in the matter of sending abusive emails, the plaintiff terminated the services of the defendant.

After hearing detailed arguments of Counsel for Plaintiff, Hon'ble Judge of the Delhi High Court passed an ex-parte ad interim injunction, observing that a prima facie case had been made out by the plaintiff. Consequently, in this cyber fraud case in India, the Delhi High Court restrained the defendant from sending derogatory, defamatory, obscene, vulgar, humiliating and abusive emails, either to the plaintiff or to its sister subsidiaries all over the world, including their Managing Directors and their Sales and Marketing departments.

Further, Hon'ble Judge also restrained the defendant from publishing, transmitting or causing to be published any information in the actual world, as also in cyberspace, which is derogatory or defamatory or abusive.

This order of Delhi High Court assumes tremendous significance as this is the first time that an Indian Court assumes jurisdiction in a matter concerning cyber defamation and grants an ex-parte injunction restraining the defendant from defaming the plaintiff by sending derogatory, defamatory, abusive and obscene emails either to the plaintiffs or their subsidiaries.

The CD was also being sold in the markets in Delhi. The Mumbai Police and the Delhi Police got into action. The CEO was later released on bail. This opened up the question as to what kind of distinction we draw between Internet Service Provider and Content Provider. The burden rests on the accused that he was the Service Provider and not the Content Provider.

It also raises a lot of issues regarding how the police should handle cybercrime cases. State of Tamil Nadu Vs Suhas Katti The Case of Suhas Katti is notable for the fact that the conviction was achieved successfully within a relatively quick time of 7 months from the filing of the FIR, making it one of the notable cyberlaw cases in India.

Considering that similar cases have been pending in other states for a much longer time, the efficient handling of the case which happened to be the first case of the Chennai Cyber Crime Cell going to trial deserves a special mention.

The case is related to the posting of obscene, defamatory and annoying message about a divorced woman in the Yahoo message group. E-mails were also forwarded to the victim for information by the accused through a false e-mail account opened by him in the name of the victim. The posting of the message resulted in annoying phone calls to the lady in the belief that she was soliciting. Based on a complaint made by the victim in February , the Police traced the accused to Mumbai and arrested him within the next few days.

The accused was a known family friend of the victim and was reportedly interested in marrying her. She, however, married another person. This marriage later ended in divorce, and the accused started contacting her once again. On her reluctance to marry him, the accused took up harassment through the Internet. CMM Egmore by citing 18 witnesses and 34 documents and material objects. The same was taken on file in C. On the prosecution side, 12 witnesses were examined, and entire documents were marked as Exhibits.

The Defence argued, in this cyber crime case, that the offending emails would have been given either by the ex-husband of the complainant or the complainant herself to implicate the accused as accused alleged to have turned down the request of the complainant to marry her. Further, the defence counsel argued that some of the documentary evidence was not sustainable under Section 65 B of the Indian Evidence Act.

However, the court relied upon the expert witnesses, and other evidence produced before it, including the witnesses of the Cyber Cafe owners, and came to the conclusion that the crime was proved. Additional Chief Metropolitan Magistrate, Egmore, delivered the judgement on as follows: All sentences to run concurrently. This is considered as the first case convicted under section 67 of the Information Technology Act in India.

Nasscom vs. A cybercrime case study has been conducted on the same. Elaborating on the concept of 'phishing', in order to lay down a precedent in India, the court stated that it is a form of internet fraud where a person pretends to be a legitimate association, such as a bank or an insurance company in order to extract personal data from a customer such as access codes, passwords, etc. Personal data so collected by misrepresenting the identity of the legitimate party is commonly used for the collecting party's advantage.

The court also stated, by way of an example, that typical phishing scams involve persons who pretend to represent online banks and siphon cash from e-banking accounts after conning consumers into handing over confidential banking details. The Delhi HC stated that, even though there is no specific legislation in India to penalize phishing, it held phishing to be an illegal act, by defining it under Indian law as "a misrepresentation made in the course of trade, leading to confusion, as to the source and origin of the email causing immense harm, not only to the consumer, but even to the person whose name, identity or password is misused.

The plaintiff, in this case, was the National Association of Software and Service Companies Nasscom , India's premier software association. The defendants were operating a placement agency involved in headhunting and recruitment.

In order to obtain personal data, which they could use for purposes of headhunting, the defendants composed and sent emails to third parties, in the name of Nasscom. The high court recognised the trademark rights of the plaintiff and passed an ex-parte ad interim injunction restraining the defendants from using the trade name or any other name deceptively similar to Nasscom.

The court further restrained the defendants from holding themselves out as being associated with or a part of Nasscom. The court appointed a commission to conduct a search at the defendants' premises.

Two hard disks of the computers, from which the fraudulent e-mails were sent by the defendants to various parties, were taken into custody by the local commissioner appointed by the court. The offending emails were then downloaded from the hard disks and presented as evidence in court. During the progress of the cyberlaw case in India, it became clear that the defendants, in whose names the offending e-mails were sent, were fictitious identities created by an employee on defendants' instructions, to avoid recognition and legal action.

On discovery of this fraudulent act, fictitious names were deleted from the array of parties as defendants in the case. Subsequently, defendants admitted to their illegal acts and the parties settled the matter through the recording of a compromise in the suit proceedings. According to the terms of compromise, the defendants agreed to pay a sum of Rs1.

The court also ordered the hard disks seized from the defendants' premises to be handed over to the plaintiff who would be the owner of the hard disks. This case achieves clear milestones: It brings the act of "phishing" into the ambit of Indian laws, even in the absence of specific legislation; it clears the misconception that there is no "damages culture" in India for violation of IP rights.

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