Saleem Jahanger And Assocates

Saleem Jahanger And Assocates We fight for your rights within our parameters

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18/09/2021

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It is good news but bad news also
18/07/2021

It is good news but bad news also

05/07/2021

Courts in
kashmir division are open from 5th July 2021 .....

28/09/2020

Take care of your pravicy
Whatup chat...

Govt Agencies Recover Deleted Data and Private WhatsApp Chats Despite Encryption? Know How to Protect

Each and every WhatsApp chat has a security code used to verify that calls and the messages that are sent to that chat are end-to-end encrypted, which means that the messages are visible only to the sender and the recipient, and no third party can access it, not even WhatsApp.

WhatsApp is used by over two billion users around the world hence keeping the messaging platform secure is of the utmost importance

Over the past few days and weeks, reports have shown leaked WhatsApp chats of Bollywood actors in the ongoing drug probe. The Narcotics Control Bureau relied on the private chats to bolster its probe into Bollywood’s alleged drug links. Social media is abound with questions on whether end-to-end encryption even works in keeping conversations protected, and how agencies managed to get their hands on deleted chats.

What cyber Security Experts Opnion?
Experts point out that it’s the users who put themselves at risk when they don’t follow proper measures to keep their conversations safe.

The Problem
1) WhatsApp keeps a log
While WhatsApp gives you an option to delete a message forever, it so happens that the messages in question are, in fact, not entirely deleted forever from everywhere. According to reports, WhatsApp keeps a log of your conversations locally on your device, which works as a “forensic trace” to log data, according to cyber security service provider, McAfee. It is this log that is regularly exploited by numerous third party apps, which offer a way for you to see messages that have been deleted.

It is this log that is reportedly not encrypted, and this represents a security flaw that can be exploited by malicious spyware tools.

Across the world, numerous investigation agencies and legal bodies have been known to use such undisclosed tactics. In the wrong hands, this can prove to be catastrophic for the privacy of users. It is also important to note that no messaging service, even the venerable Signal, would be entirely un-hackable

2) Message back-up on Google Drive or any such Cloud
It must be noted that the media and message back-up on Google Drive or any such Cloud services aren’t protected by WhatsApp’s end-to-end encryption. So the agencies like CBI or NCB can easily access the deleted chats.

Moreover, the agencies use complex software mechanism to clone all the data of your mobile phone onto a different mobile phone. This is basically calling cloning or imaging, through which, all the data of your phone can be copied to another system.

3) Mobile phone cloning technique data
In a mobile phone cloning technique data and cellular identity of a device can be copied into a new phone. This can be done with the help of an app and without access to the phone that needs to be cloned. In the process, the transfer of the IMEI can also happen. You must note that mobile phone cloning is illegal for the general public to carry out but authorities like NCB can always take the forensic route to legitimately access data stored on devices.

WHATSAPP RESPONSE
In a statement issued by a WhatsApp spokesperson, the company said about the recent private debate, “WhatsApp protects your messages with end-to-end encryption so that only you and the person you’re communicating with can read what is sent, and nobody in between can access it, not even WhatsApp. It’s important to remember that people sign up on WhatsApp using only a phone number, and WhatsApp doesn’t have access to your message content.

WhatsApp follows guidance provided by operating system manufacturers for on-device storage and we encourage people to take advantage of all the security features provided by operating systems such as strong passwords or biometric IDs to prevent third parties from accessing content stored on device.”

How to save your Whats Data to leak or use by someone else?
1) Never take screenshots of chats
In WhatsApp, one-on-one conversations are encrypted. End-to-end encryption ensures that only the sender and recipient can read messages – not even WhatsApp itself. It means your chats cannot be intercepted by any third person. However, users put themselves at risk if they take screenshots of their chats or back up chats, as its get stored in mobile which access might be available to other Apps.

2) Backing up chats can put users to risk so Switch off Back up
Backing up chats is not safe. In 2018, WhatsApp had said in an update, “Media and messages you back up in Google drive aren’t protected by WhatsApp end-to-end encryption.” The backups created on cloud are not encrypted. So, if someone hacks into your cloud data, then your chat is vulnerable.”

3) Never share your password when giving your phone for repairs
You should ensure you dont share passwords. When selling/ your old device, encrypt files and then do a factory reset

4) Keep updating your all apps.
You can switch on automatic updates so security of app is updated. From across the world, there are malware and spyware that keep coming up and hitting the digital ecosystem, like asteroids in the universe. By the time a patch comes up and the vulnerability is found and fixed, your data may already have been compromised. This is why it is important to keep your phone and computer operating systems, as well as all apps therein, updated all the time.

5) Switch off media auto-download
Viruses getting installed on your computer from shady email attachments. You don’t download shady email attachments. Something similar happens on your phone, especially on WhatsApp. This is called ‘media auto-download’. A random stranger sends you a photo or video, it gets automatically downloaded to your photo gallery, and installs malware on your phone. Switch off the media auto-download option will also help save memory

Is WhatsApp chat admissible in the court?
Yes as a secondary evidence even in case agency conduct digital forensics and clone your phone’s data on another device

Re activated
05/09/2020

Re activated

24/07/2020
17/04/2020

COURT MARRIAGES - PROCEDURES, CONDITIONS AND DOCUMENTS NEEDED

Court marriage procedure is common across India. It is subsequently governed by the Special Marriage Act 1954. This act provides for marriage by civil ceremony between parties belonging to different religions. Even parties in same religion may choose a court marriage over rituals and ceremonies.


Court marriages are the simplest way to get married. It is also a way for couples who do not get their parent’s acceptance. Nowadays more people are opting to get married in the courtroom to save time, money and efforts. To get married you should present in front of marriage registrar with few witnesses, you can also take guidance from top lawyers in India. The Concept of Court Marriages was laid under the Special Marriage Act, 1954. Such marriages are solemnized and registered at the same time.

COURT MARRIAGE: CONDITIONS

Chapter II, Section 4 states that certain conditions are required for entering into court marriage. They are as follows:

No Previous Marriage Valid: Neither party should have any living husband or wife. Previous marriage should not be longer valid.

Valid Consent: Both the parties should be capable to give valid consent and speaking their mind and entering into a marriage of their own will.

Age: The male must have completed 21 years and the female 18 years of age.

Suitable for Procreation: Neither of the party should be unfit for breeding of children.

Prohibited Relationship: Parties should not be within degrees of prohibited relationship as per Schedule I. However if the customs and traditions of the religion of any one of the parties permit then it shall be valid.

Steps for Court Marriage

1. Notice of Intended Marriage

2. Publication of Notice

3. Objections to Marriage

4. Signing of Declaration

5. Place of Marriage

6. Certificate of Marriage

Procedures of court marriages:

• Filling the application/notice as per the pre-described format under the Schedule II of the act. The application/notice must be presented to the marriage registrar of any district where either one of the parties has been residing for more than 30 days.

• Publication of Notice:

The notice is then published by the marriage registrar, one copy must be put in a conspicuous place of his office and other to the marriage registrar office of the permanent residence of the couple.

• Anybody may raise an objection to the marriage as per the conditions mentioned in the Act. If an objection is received within 30 days of publication the marriage may not be solemnized.

• The couple a contact law firms and hire top lawyers in India to appeal in the court against the objection.

• If no objection received or appeal accepted the marriage is solemnized in the presence of Marriage Registrar and 3 witnesses.

• The marriage certificate is issued in a specified format and needs to be signed by both the parties.

Documents required

• Application form duly filled and specified fees

• Passport sized photograph of the man and woman

• Resident proof of the parties to marry

• Proof of date of birth

• Address proof and PAN Card of all the three witnesses.

22/03/2020

Following are the IPC sections that an individual can be booked under, who do not comply with the law / regulatory orders related to curb COVID-19 (nCOV19)

*1. Sec 188 IPC:* Violation of order promulgated by Govt.
Cognizable, Bailable.

*2. Sec.269 IPC*
Negligently doing any act known to be likely to spread infection of any disease dangerous to life
Imprisonment for 6 months or fine, or both.
Cognizable, Bailable

*3. Sec 270 IPC*
Malignantly doing any act known to be likely to spread infection of any disease dangerous to life
Imprisonment for 2 years, or fine, or both
Cognizable, Bailable

*4. Sec.271 IPC*
Knowingly disobeying any quarantine rule
Imprisonment for 6 months, or fine, or both
Non-cognizable.

19/03/2020
03/05/2019

Whether failure of husband to give funds to meet domestic expenses amounts to cruelty as per S 498A of IPC?

Mere failure of husband to give funds to meet domestic expenses is not termed as cruelty within purview of S 498A of IPC.

21/04/2019

What is difference between 'intention' and 'knowledge' in Murder trial?

The ‘intention’
and ‘knowledge’ of the accused are subjective and invisible states
of mind and their existence has to be gathered from the
circumstances, such as the weapon used, the ferocity of attack,
multiplicity of injuries and all other surrounding circumstances.
The framers of the Code designedly used the words ‘intention’ and
‘knowledge’ and it is accepted that the knowledge of the
consequences which may result in doing an act is not the same
thing as the intention that such consequences should ensue.
Firstly, when an act is done by a person, it is presumed that he
must have been aware that certain specified harmful consequences
would or could follow. But that knowledge is bare awareness and
not the same thing as intention that such consequences should
ensue. As compared to ‘knowledge’, ‘intention’ requires something
more than the mere foresight of the consequences, namely the
purposeful doing of a thing to achieve a particular end.”

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Srinagar

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+919419069874

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