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  • Oct 20, 2019
      What is Caveat and its meaning?          A legal notice given by an interested party to some officers not to do a certain act until the party to some officers not to do a certain act until the party is heard in opposition.                      Basically it is an official request that  a court should not take a particular action without issuing notice to the party lodging the caveat and without affording an opportunity of hearing him.  Who is Caveator?          A person filing or lodging a caveat is called Caveator.   Why should one should file Caveat?                                                                        1. Provide an opportunity to such opposite parties to be heard before an ex parte order is made and show- cause why it should not be passed.                                              2. To avoid multiplicity of proceedings.   Who can file Caveat?         Any person who is going to be affected by interim order likely to be passed on an application which is expected to be made in a suit or proceeding instituted or about to be instituted in a court. (Nirmal Chandra v Girindra Narayan , AIR 1978 Cal 492 at p.494 , G.C. Siddalongappa v G.C. Verranna, AIR 1981 Kant 242 at p. 243). A stranger to the proceeding cannot lodge a caveat. (Kattil Vayalil Parkkum v Mannil Paadikayl, AIR 1991 Ker 411). What does section 148-A talks about? Subsection 1: enables a person claiming the right to appear at the hearing of application for an application for an interim order to lodge a caveat. Subsection 2: Caveator to serve a notice of his caveat on the person by whom an application for an interim order has been or is expected to be made. Subsection 3: requires the court, before such order is made, to serve a notice of it to the caveator. Subsection 4: requires the applicant to serve on the caveator a copy of his application, together with any papers or documents filed or intended to be filed in support of his application. Subsection 5 : life of caveat is 90 days.   When a Caveat is filed?         Caveat is filed after a judgment or order is passed, in exceptional cases it is filed even before the pronouncement of judgment or passing any order. (Shankar Narayan v State of Rajasthan, AIR 1985 Raj 156).     Who can file Caveat?  Any person likely to be affected by an order that may be passed cab file a caveat. He need not be a necessary party to the application. No particular form is prescribed and can be in the form of petition. It is a substantive application.   Proceedings where the Caveat can be filed?         Caveat can be filed in appeals, execution or in any other enactments.(AIR 1987 ALL. 360).   Can a caveat be filed in Vacation court?  The Vacation Court should also issue notice to the counsel if a caveat is entered and no order should have been passed without hearing counsel who has already informed his address of service by filing caveat petition (2000-1-L.W 842) Life of Caveat: 90 days from the date of filing, to renew the Caveat another petition has to be filed. Rights of caveat are given under section 148-A, who lodges a caveat, of the applicant who intends to obtain an interim order and of the court. Rights and Duties of a Caveator:            Caveator has to serve a notice of the caveat lodged by him by registered post on the person or persons by whom an application against the caveator for a interim order has been or is expected to be made.( G.C. Siddalongappa v G.C. Verranna, AIR 1981 Kant 242 at p. 243). Is the serving of notice is mandatory?            This provision is directory and not mandatory. Where no notice could be served on account of uncertainty of the person likely to institute a suit, appeal or other proceedings, the court may, at its discretion, dispense with the service of notice of a caveat and permit a party to lodge a caveat without naming the party respondent. Duty of the court:   It is the duty of the court to issue a notice of that application on the caveator. It enables the caveator to appear and oppose the granting of an interim relief in favour of the applicant. It is a condition precedent for passing an interim order to serve a notice of the application on the caveator who is going to be affected by the interim order.( G.C. Siddalongappa v G.C. Verranna, AIR 1981 Kant 242 at p. 243). “Unless that condition precedent is satisfied, it is permissible for the court to pass an interim order affecting the caveator as otherwise it will defeat the very object of section 148-A”. Important case laws: Any interest however slight even the bare possibility of an interest is sufficient to entitle a person to enter caveat.(DS Sriramaiah Setty v D Kanthamma AIR 1971 Mys 148). If a caveator puts up a claim to the property by paramount title, he has no locus standi to contest the proceedings (In the Goods of Mahammad Basir V unknown AIR 1964 cal 34). A person claiming title independent of the will and adversely to the testator is not person having interest in the estate of the deceased.(Kashi Nath singh v Dulhin Gulzari Kuer AIR 1941 Pat 475). A person who challenges the testator’s title to the property or his right to dispose of the property under the will cannot enter a caveat.(Ishwardeo Narain Singh v Kamata Devi AIR 1954 SC 280).   Reference: Civil procedure code: Takwani Civil procedure code: Mulla Civil court practice and procedure: Sarkar
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  • Sep 30, 2019
    Whether you will be tried under this offence or not? [Sec. 120-A] Criminal Conspiracy- It occurs if the following conditions are satisfied- There must be an agreement between two or more persons. The agreement should be to do or cause to be done- i- An illegal act, or ii- An act which is though not illegal by illegal means. P, Q, & R, decide among themselves to persuade B to steal Jewellery from the house of M. They accordingly do so. ‘B’ readily agrees & sets out towards M’s house in order to steal jewellery, here ‘B’ will be liable for conspiracy. ‘A’ had conspired with a view to cheat the officer of C.C.I.E. Delhi and to dishonestly import license from M.E.M on the basis of forged recommendation certificate and forged copy of acceptance tender by making false representation. Kindly read https://shataxiamicuslex.blogspot.com/2019/09/criminal-conspiracy-100-trial-2.html
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  • Sep 13, 2019
    Time is money, keeping this in mind, should lawyers hand out free consultations to potential clients? Most freelance or solo attorneys struggle with the idea of providing free of cost consultation to their prospective clients. In a utopian or (ideal) world, everyone who was given a free consultation would become a paying client and the initial hour-long no charge consultation would have paid off in the long run. But, attorneys associated with small law firms are apprehensive of taking the risk because they are aware of the fact that many people would just come in to get free legal advice out of the trial consultation and would not be getting in touch again.   People like free products, and ironically this is a great way to get them to be your long term clients and for many attorneys, free consultations are a great way to meet potential clients but when legal expertise itself becomes a commodity, does it make sense to give it away for free? The answer is that it is relative and like many other topics, this too has its pros and cons.   The primary advantage of giving out free consultation is that it increases the traffic at the firm. Many clients are not ready to shell out a huge amount of money at the beginning so the free consultation acts as a sales pitch to the clients as it demonstrates the lawyer's skills and services. The drawback is that he's giving away his years of knowledge away for free and many clients may get free legal advice from him and finally get tied up somewhere else as the client is looking for the cheapest fit.   Whether a lawyer should charge a fee for his consultation or not largely depends on the type of client the consultee will go on to be. For example, if a client has come in for ala carte services like formulation of will, then it doesn't make sense to charge the client as the work hasn't even been performed yet. But if the client enquires about the lawyer regarding his hourly charges, this is when a fee consultation is necessary as the client is paying the lawyer for his time. Also, lawyers should be selective while choosing their clients or before giving away their time and should take down some basic information regarding the client before committing to them as it helps the lawyers out to sieve out clients who aren't serious.   Giving out free consultations has its perks as it gives you an edge over other law firms. If your nemesis is not giving out free consultation but you are that will always give you an upper hand when it comes to attracting clients to your firm. Also, it portrays a high level of customer service as a no-charge consultation shows that you genuinely care about the customer's legal needs.   If you as a lawyer are still in two minds as to whether you should charge for your initial consultation or not, you could always change your policy as and when needed. If your customers are referred to you through a reliable source, consider giving them a free consultation but think twice before giving it out to people who have found your name and contact information on the internet. You could also charge a nominal fee which can be lower than your hourly rate if you want to avoid free consultation at all costs.
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  • Sep 06, 2019
    According to the CBI, to avoid punishment, INX Media now known as 9X Media entered into a criminal conspiracy with Karti Chidambaram as his father was then the finance minister of India. This led to the Finance Ministry ignoring the ‘serious illegalities’ committed by INX Media by abusing their official position. Based on the FIR by the CBI, the ED also filed a case against Chidambaram for money laundering. On which P Chidambaram has blamed the BJP-led government of hovering a "politically-motivated vendetta" against him and his son Karti.   The timeline of his case is carried in this way:   May 15, 2017: When Karti Chidambaram's father P. Chidambaram was the Union Finance Minister of India, the CBI registered an FIR, alleging irregularities in the Foreign Investment Promotion Board (FIPB) clearance to INX Media for receiving overseas funds to the tune of Rs 305 crore in 2007.   June 16, 2017: A look out circular (LOC) was issued against Karti Chidambaram by the Foreigner Regional Registration Officer (FRRO) and the Bureau of Immigration, which comes under the Union Home Ministry.   August 10-14, 2017: The Madras High Court and The Supreme Court stays the LOC issued against Karti Chidambaram and four others.   August 18, 2017: The SC asked Karti Chidambaram to appear before the CBI on August 23.    September 22, 2017: The CBI told the SC that Karti Chidambaram was prevented from traveling abroad as he was allegedly closing several of his foreign bank accounts in a bid to destroy evidence.    December 8, 2017: Karti Chidambaram moved the SC challenging the summons issued by the CBI against him in the Aircel-Maxis deal case.    February 16, 2018: Karti Chidambaram's CA S. Bhaskararaman arrested for allegedly assisting him to manage his wealth in India and abroad.    February 28, 2018: Karti Chidambaram arrested by CBI at Chennai airport soon after his arrival from abroad and brought to Delhi.    March 23, 2018: Karti Chidambaram got bail after spending 23 days in jail.    July 25, 2018: The High Court granted interim protection from arrest to P. Chidambaram.   October 11, 2018: The ED attached assets worth Rs 54 crore of Karti Chidambaram in India, UK, and Spain in connection with the INX Media money laundering case. P. Chidambaram describes the ED action as bizarre.    July 11, 2019: Jailed Indrani Mukerjea turned approver in the case and accepts the conditions put on her before a judge.    August 20, 2019: Delhi HC rejected bail applications of P Chidambaram   P Chidambaram was taken to Tihar Jail today, 6th September 2019. The justice is yet to be made but the case will surely affect the economy of India. 
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  • Sep 03, 2019
    CRIMINAL LAW: Offences against State and there Particular Judgements Section-120B-: Punishment for Conspiracy 1. Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. 2. Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six month or with fine or with both. In case of Hiralal Harilal Bhagwati v. C.B.I New Delhi the court held that to bring home the charges of conspiracy within the ambit of Section 120B of Indian Penal Code, it is necessary that there was an agreement between the parties for doing an unlawful act. However, it is difficult to establish conspiracy by direct evidence. Section 121-: waging, or attempted to wage war , or abetting waging of war , against the government of India Whoever wage war against the government of India , or attempts to wage such war , or abets the waging of such war shall be punished with death , or imprisonment for life , and shall also be liable to fine. In case State (N.C.T of Delhi) v. Navjot Sandhu, The Supreme Court held that the undoubted objective and determination of deceased terrorists was to impinge on sovereign authority of nation and its government. It amount to waging war or attempting to wage war against government of India. It was also held that to constitute offence of waging war under section 121 of IPC the purpose and intention of the warlike operation directed against the government machinery is an important criterion. 124A-: Sedition Sedition, whoever by words, either spoken or written, or by signs, or by Visible representation or otherwise, brings into hatred or contempt, or excite or attempts to excite disaffection toward the government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extent to three years, to which fine may be added or with fine. Every citizen is free to have his own political theory and also to propagate and work for its established so long as he does not seek to do so by force or violence. In case Kedar Nath Singh’s case Any act within the meaning of section 124A which has the effect of subverting the government by bringing that government into contempt or hatred or creating disaffection against government, it would be within the penal statute because the feeling of disloyalty to the government established by law or enmity to it imports the idea of tendency to public disorder by the use of actual violence or incitement to offence. FACT Anticipatory Bail, Sec.438 (Cr.P.C) has been enacted in pursuance of the 41st report of the Law Commission.
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  • Aug 28, 2019
    A continental shelf refers to the ledges that protrude from the continental landmass into the ocean. These shelves occupy approx 8% of the total area of ocean water also their sizes vary from place to place. There are various rights and liabilities created upon coastal states and their extent. Various conventions like Geneva convention, 1958 and convention on the law of the sea, 1982 have made the acceptance of these continental shelf rights by the states within less than 13 years and is very important for the regulation of the exploration and exploitation of the resources of the continental shelf. It is confirmed by the International law that each coastal state’s right to explore and exploit the natural resources of its continental shelf. The concept of the continental shelf is a datum of nature presented as a medium for a juridical technique for it tends to justify State jurisdiction over the exploration and exploitation of the natural resources of the bed and the subsoil of certain areas of the high seas. It is, however, incontestable that the right to exploit certain natural resources of the sea-bed and subsoil, such as pearls, corals, sponges, amber and chank, did come to be regarded as the monopoly of the coastal state if it chose to exploit them.   Rights and duties of the Continental shelf consist of three sections: A)Rights of Coastal States B)Rights of Other States in The Continental Shelf- C)Indian Position on Continental Shelf   And also the conventions on a continental shelf include: Continental Shelf and the North Sea Continental Shelf Case Geneva Convention, 1958 Continental Shelf under the Convention on the Law of the Sea, 1982 
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  • Aug 07, 2019
    The copyright issue is a thorn in the rose, always causing pain to creative people. After all, if you write your piece, make music on your own, take a photograph with your skills, or in some other way create anything which is completely yours, then you’re accountable to receive full credits and payments for the same without any obstacles. But as the internet has gotten vast, the domains have expanded the sea of knowledge. But as the actions have their counter-actions, the amount of content-stealing or in simpler word “Plagiarism” has grown tremendously, causing the artists to suffer through a lot of ownership issues. Copyright is one such thing that helps the artists to overcome the breaching and claim their rights over their certified work. Copyright is a bundle of legal rights given to the creators of literary, dramatic, musical and artistic works and also for the producers of cinematographic films and sound recordings of their own. The rights provided under Copyright law include the rights of reproduction of the work, communication of the work to the public, adaptation of the work and translation of the work. The scope and duration of protection provided under copyright law vary with the nature of the protected work. There are tremendous issues when it comes to copyrights. Some of the issues along with the solutions are mentioned below: Ownership- The owner, manufacturer, or creator who may/may not have created the work can copy the same work, create derivatives of the same, sell the content, rent it, lease or lend copies of the work, and publicly perform the works if that person has signed/purchased the content legally. Content stealing from a Website- The basic design of a website is strictly a copyright and so are its contents which are available on it including text, graphics, any audio or video, HTML and other markup code, lists of websites and links, as well as any other original material provided on it by the owner. This act falls under the copyright law and a person who owns the content can go to the court directly. Creative Commons, freeware and shareware: The Creative Commons website asks a few simple questions, such as whether you want to allow commercial use or derivative works, to determine the sort of license you need. Whereas a freeware and shareware are software offers free of charge for which you can gain protection through licenses and legal agreements. There are exceptions in copyright law, but very short pieces of work can be covered by trademark or patent law. Plagiarism- This is the most important and crucial issue. As the internet world is spreading day-by-day, the amount of knowledge sharing is increasing which leads to copying contents from others to be updated with the data. But breaching the data and copying it for any purpose can take a person to the court. With the growing speed of the technology and more use of the internet, in the coming years, these issues will increase and so will the cases of copyrights in the court. The only question is, “Are you honest enough to be creative and clever enough to develop your own content and not copy someone else’s work?”
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  • Jul 31, 2019
    Customer relationship management (CRM) is an act of managing a company's interaction with potential customers. It makes use of data analysis of customer’s history to improve business relationships with customers, focusing on customer retention and ultimately driving sales growth of the company towards it. CRM software consolidates customer information and documents into a single CRM database so business users can easily access and manage the data. Additional functions are added constantly to the CRM systems to make more of it in daily life. Recording various customer interactions over email, phone or social media can actually help to eradicate this process depending on system capabilities. In fact this has been put in practice for automating various workflows. Some basic tasks such as maintain calendars and alerts by giving managers the ability to track performance and productivity based on information logged within the system is another way of operating. There are basically five types of CRM and they are further classified into more intrigue chambers. Strategic Operational Analytical Collaborative Customer data platform CRM is becoming important and handy at the same time with the growing technology. CRM is being in practice in many ways. Some are mentioned below: Call centers. Contact-center automation. Social media. Location-based services. Business-to-business (B2B) transactions. The CRM technology, without the proper management can become little more tedious for the database in which customer information is stored will get choked. Data sets need to be connected, distributed and organized so that users can easily access the information they need. CRM systems work best when companies spend time cleaning up their existing customer data to eliminate duplicate and incomplete records. The benefits of CRM in a long term journey are vast and helpful if the data is managed smartly.
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  • Jul 30, 2019
     is often known as integrity risk. Compliance regulations standardize business practices so that corporations act in a fair and ethical manner. Legal risk management refers to the process of evaluating alternative reguCompliance risklatory and non-regulatory responsible for risks. Even with the legal arena, this process requires knowledge of economic and social factors, as well as knowledge of the business world. In an organizational setting, risk management refers to the process, by which an organization identifies potential risks, sets the risk tolerance and prioritizes the tolerance for risk based on the organization's business objectives and manages and mitigates risks throughout the organization. Companies that fail to comply with industry-related internal policies, codes of conduct and laws or regulations pose damaging threats to risk compliance such as financial loss, fines and voided contracts and material loss. Besides the risk of economic loss, companies stand to lose future business opportunities with the reputation. There are ways evaluated for Compliance and Risk Management by the organizations. The framework depicts the organization’s risk exposures and categorizes them into risk domains. Board directors, executives and managers can then use objective and subjective methods for assessing risks. The board directors and managers should pay particular attention to the following areas: Legal impact Financial impact Business impact Reputational impact Risk managers along with the board of directors need to evaluate the impact of inherent risk and residual risk. Inherent risk is the risk that exists regardless of any attempts to control it or mitigate it. Residual risk is a known risk that results from a company’s efforts toward growing its share in the marketplace, where companies identified risks and developed strategic plans to manage them.
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  • Jul 19, 2019
    Is increased security providing comfort to people? Or is it the providing basic protections that we are too naive to believe, we don't need? In this age dominated by technology, where the Internet is pervading our lives for commerce, social interaction, and the exchange of an increasing amount of personal information, security has become a tremendously crucial issue for every user to deal with. With the tools available to create a strong cyber security paradigm Cryptography has emerged as one of the foremost techniques to protect data, systems and information exchange. Cryptography is a method of protecting information and communications through the use of codes, made only for those whom the information is intended for reading and only they can process it. The pre-fix "crypt" means "hidden" or "vault" and the suffix "graphy" stands for "writing." The art of protecting information by encrypting it into an unreadable format is called cipher text. Only those who has got the access to the secret key can decipher the message into plain text. Encrypted messages can sometimes be broken by cryptanalysis also called as code breaking, although modern cryptography techniques are virtually unbreakable. In brief, cryptography is about constructing and analyzing protocols that prevent third parties or the public from reading private messages. Variety of the information security such as data confidentiality, data integrity, authentication, and non-repudiation are centrally directed to modern cryptography. Modern cryptography exists at the intersection of major fields of mathematics, computer science, electrical engineering, communication science, and physics. Applications of cryptography include e-commerce, chip-based payment cards, digital currencies, computer passwords, and military communications. Five primary functions of cryptography are given as:• Privacy/confidentiality: Ensuring that only the intended receiver will be able to read/process the information and no one else.• Authentication: Identifying one unique individual. • Integrity: Assuring the receiver that he/she has received unaltered information as original as sent. • Non-repudiation: A mechanism to check whether the sender has sent the original information or not.• Key exchange: Crypto keys are shared between sender and receiver by this method.Depending upon the niche of the user, Cryptography is segregated in three types:• Secret Key Cryptography (SKC): It uses a single key for both encryption and decryption; also called symmetric encryption. Primarily used for privacy and confidentiality.• Public Key Cryptography (PKC): It uses one key for encryption and another for decryption; also called asymmetric encryption. Primarily used for authentication, non-repudiation, and key exchange.• Hash Functions: It uses a mathematical transformation to irreversibly "encrypt" information, providing a digital fingerprint. Primarily used for message integrity. Attackers circumvent cryptography and hack into computers that are responsible for data encryption and decryption which exploit weak implementations, such as the use of default keys. However, cryptography makes it harder for attackers to access information and data is protected by encryption algorithms. Concerns regarding the processing power of quantum computing to break current cryptography encryption standards and has led the National Institute of Standards and Technology to put out a call for papers among the mathematical and science community for new public key cryptography standards so that a new data is generated. Unlike today's computer systems, quantum computing uses quantum bits (qubits) that can represent both 0s and 1s and therefore perform two calculations at once. While a large-scale quantum computer may not be built in the next decade, the existing infrastructure requires standardization of publicly known and understood algorithms that offer a secure approach, according to NIST. The new era is equally safe as well as deceptive. What to rely on, is a big question!  
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  • Jul 18, 2019
    Citizenship is what makes a republic. Citizenship and Nationality goes hand-in-hand. People confuse both terms differently and the laws associated with them. Citizenship is the status of a person recognized under the custom/ law as being a legal member of a sovereign state or belonging to a nation. The fight of democracy gave an end to monarchy and king’s era. Through this fight of freedom people understood their rights of being a citizen and revolted for the same. The conferment of a citizen of India, is governed by Articles 5 to 11 (Part II) of the Constitution of India. The legislation related to this matter is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Acts of 1986, 1992, 2003, 2005, and 2015. Article 9 of Indian Constitution specifies that: if a person voluntarily acquires citizenship of any other country will no longer be an Indian citizen. Also, according to The Passports Act, a person has to surrender his/her Indian passport and voter card with other Indian ID cards and these all mustn’t be used afte3r another country's citizenship is obtained. It is a punishable offence if the person fails to surrender the passport to the government.Indian nationality law largely follows the jus sanguinis which means citizenship by right of blood as opposed to the jus soli which is citizenship by right of birth within the territory/area. The President of India is always termed as the first citizen of India. Citizenship by birth (jus sanguinis): If one or both of a person's parents are citizens of a given state, then the person may have the right to be a citizen of that state as well. In the previous time, this might only have applied through the paternal line, but sex equality became common since the late twentieth century. Citizenship is granted basis of ancestry/ethnicity and is related to the concept of a Nation/state. Born within a specific country (jus soli): Some people are immediate citizens of a state in which they are born. Mostly, both jus soli and jus sanguinis hold citizenship either by place or parentage or both sometimes.  
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  • Jul 04, 2019
    CYBER SECURITY LAWS IN INDIA    As the technology is evolving, the repercussions associated with it are growing rapidly, as well. Cyber security is one of the biggest demerits of advanced technology. Cyber security or information technology security are the techniques of protecting computers, networks, programs and data from unauthorized access or attacks that are aimed for exploitation or disruption of data of the user. The worldwide spend for cyber security continues to grow: 71.1 billion in 2014 (7.9% over 2013), and 75 billion in 2015 (4.7% from 2014) and expected to reach 101 billion by 2018. Organizations are starting to understand that malware is a publicly available commodity that makes it easy for anyone to become a cyber attacker, and even more companies offer security solutions that do little to defend against attacks. Cyber security demands focus and dedication. US government spends 15$ billion on cyber security in 2019. US has the highest rate of cyber- security cases consisting of 38% of the crimes all over the globe between the years 2015-2019, followed by India which has the second highest rate (17%) of cyber security cases.   There are several types of cyber securities. Some of them are:  Denial-of-service (DoS) and distributed denial-of-service (DDoS) attacks.  Man-in-the-middle (MitM) attack.  Phishing and spear phishing attacks.  Drive-by attack.  Password attack.  SQL injection attack.  Cross-site scripting (XSS) attack.  Eavesdropping attack. Etc   There are laws enacted by the government for the violation of the cyber securities, some of them are listed below: ITA 2000, IT regulations 2001 (Certifying and security), Intermediary Rule 2011 etc.   WHY- Cyber attacks could irreparably damage your business, so security needs to be your top priority. Your data is one of your most valuable assets, yet often one of your most vulnerable. So it’s absolutely crucial you use the right system to deter a security breach from happening. If you employ a system that is built to deal with an array of individual devices and operating systems, you are on the right track towards securing yourself. However, you can go beyond with a centralized system that uses automation to subsequently cut down on the cost of your business processes. Beyond these key components, employing IT professionals that are at the cutting edge of the advancements in the world of cyber security will allow you to remain ahead of your threats. With so many hackers dedicated to developing their cyber security skills, it is absolutely crucial to take all the preemptive measures necessary to protect your business from a potential breach.
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