This presentation examines to what extent that cyber-insurance can be a useful tool to manage the risks and harms caused by massive cyber-attacks from the national as opposed to enterprise standpoint --
This summary provides the key points from the document in 3 sentences:
The document discusses the importance of cyber security as technology becomes integrated into daily life. It covers topics like cyber warfare, encryption, and the effects on e-commerce. Promoting cyber security is important as hackers can steal valuable information from corporations and use software to enable crimes like fraud.
RSA provides cybersecurity solutions such as threat detection, identity and access management, and fraud prevention to nearly half of global Fortune 500 companies. The document discusses the growing need for cybersecurity and skills in the UK, highlighting challenges like phishing attacks, ransomware, and the importance of continuous training and updated systems. It provides tips from security experts on how companies can better protect themselves and tackle the shortage of cybersecurity skills.
Cost of Cybercrime Study in Financial Services: 2019 Reportaccenture
Now in its 9th year, this new Accenture presentation explores the impact associated with cybercrime, quantifying the cost of cyberattacks and analyzing trends in malicious activities in the financial services industry. And this year for the first time, we look to the future so that financial services organizations can better target their funds and resources and open up new revenue opportunities to unlock economic value.
Shaping Your Future in Banking Cybersecurity Dawn Yankeelov
Designed for bankers, this cybersecurity policy presentation given via partnership with the BSG Financial Group explains where the industry should pay attention and what is next. It was presented on Jan. 24, 2017.
Public Relations Campaign for SecureWorks for IMC 618: PR Concepts & Strategy. Campaign is focused on increasing brand awareness among both big and small businesses as well as potential investors.
We all have our own opinions on what the risks of the future will be. For some insurers there are clear emerging risks, while for others, it’s more complex. FULLCOVER asked insurers Swiss Re, Lloyd’s, Zurich and Hannover Re and global medical assistance firm, International SOS for their views on the top five risks of the future. Find out!
The document discusses a proposal to allow private companies to conduct cyber retaliation against foreign attackers. It summarizes the key challenges with this approach, including: [1] It is difficult to accurately identify attackers due to use of compromised systems. [2] Most companies lack the expertise and resources to conduct effective counterattacks. [3] Allowing private retaliation could escalate tensions and cause international incidents. While improved cyber defense is needed, alternative approaches may be better than outsourcing retaliation to private companies.
The unfortunate reality is that because of the critical nature of the technology and
the services that it provides, the grid becomes a prime target for acts of terrorism and cyberattacks. In January 2008,
a CIA analyst reported that hackers had attacked foreign utilities, turning out the lights in several foreign cities. Even
if the motivation behind a targeted attack on the energy infrastructure is not terror or disruption, the evolving threat
landscape dictates that the potential financial gains of such action can be alluring to the cybercriminal network.
Marriage of Cyber Security with Emergency Management - CongressDavid Sweigert
The document is the opening statement of Subcommittee Chairman Patrick Meehan for a joint subcommittee hearing on "Cyber Incident Response: Bridging the Gap Between Cybersecurity and Emergency Management." It discusses that cyber attacks pose a serious threat and the nation must be prepared to respond effectively. It notes that states have ranked their cybersecurity preparedness as very low. The hearing aims to examine the Department of Homeland Security's readiness to work with state and local partners to respond to a disabling cyber attack affecting critical infrastructure like power grids.
The document discusses various topics related to cyber insurance and cyber risks. It reports on startling cybercrime numbers from Australia's cybercrime reporting network, and how Lloyd's is appealing to brokers to help standardize cyber risk data collection. It also discusses how the Australian and US governments will strengthen their partnership to combat cybercrime, and predictions that cyber insurance in Asia will significantly increase in the next few years.
Cyberspace is rapidly transforming our lives – how we live, interact, govern and create value. With the JAM (Jan Dhan, Aadhaar and Mobile) trinity, India is at the forefront of global digital transformation. “Digital India” is being hailed as the world's largest technology led programme of its kind.
While internet, smartphones and modern information and
communication devices have been great force multipliers, endless connectivity and proliferation of IoT devices is giving rise to vulnerabilities, risks and concerns. Cyber security is today ranked among top threats by governments and corporates. Heightened concerns about data security and privacy have resulted in a spate of regulations in India and across the world. India is in the process of discussing and enacting its own comprehensive data security and privacy regulation, as well as vertical specific ones. Cyber security is an ecosystem where laws, organisations, skills, cooperation and
technical implementation would need to be in harmony to be
effective.
Overall, a robust regulatory framework based on global and
country-specific regulations, development of a holistic cyber
security eco-system (academia and industry as well as
entrepreneurial) and a coordinated global approach through
proactive cyber diplomacy would help to secure cyber space and promote confidence and trust of key stakeholders including
citizens, businesses, political and security leaders.
CII has been actively working in the cyber security space. The CII Task Force on Public Private Partnership for Security of the Cyber Space has been set up to bring about improvements in the legal framework to strengthen and maintain a safe cyberspace ecosystem by capacity building through education and training programmes. We would facilitate collaboration and cooperation between Government and Industry in the area of cyber security in general and protection of critical information infrastructure in particular, covering cyber threats, vulnerabilities, breaches, potential protective measures, and adoption of best practices.
This document discusses the need for collaboration in cyber defense against increasingly sophisticated and organized cyber attacks. It notes that adversaries now specialize and collaborate in different attack phases. The five phases of a cyber attack are outlined as research, infiltration, discovery, capture, and exfiltration. It argues that to effectively counter collaborative adversaries, enterprises must also collaborate by sharing security intelligence in a timely, secure, and confidential manner. Examples of information sharing organizations and challenges to collaboration are provided. It concludes that no practical technology currently enables automated, bi-directional security data sharing at scale.
2017 in Review: Infosec Pros Look Back on the YearTripwire
The document contains opinions from various cybersecurity professionals summarizing what they learned from the cybersecurity events and trends of 2017. Some key lessons mentioned include:
- Breaches should be viewed as continuous rather than isolated events, changing how defenses are deployed.
- Some large vendors took a step back in 2017 by removing communication/information sharing and limiting customer options.
- Regular employee security training and privileged access management are important controls.
- Keeping systems updated is critical, as demonstrated by the Equifax breach.
- Immediacy is important for journalists covering breaking cybersecurity news.
- Security predictions are difficult, but focusing on clearly explaining protections to non-experts can boost adoption.
The document provides information about the "CI CYBER SECURITY SUMMIT WEST" event taking place on March 1, 2016 in Calgary. It will bring together senior cyber security leaders from different sectors in an interactive roundtable format to discuss critical strategies around topics such as cloud security, third party risks, and information sharing. The agenda includes sessions led by experts on examining threats to infrastructure, optimizing cyber security resources, and safeguarding the global supply chain.
Shifting Risks and IT Complexities Create Demands for New Enterprise Security...Booz Allen Hamilton
The document discusses the evolving cybersecurity landscape and how it is forcing chief information security officers (CISOs) and chief risk officers (CROs) to reevaluate their strategies and take on new roles. Interviews with security executives found that advanced persistent threats are increasing in frequency and sophistication. This complex threat landscape requires a predictive approach focused on prevention over reaction. It also requires CISOs and CROs to communicate cybersecurity risks to executives in business terms. Many organizations are considering partnering with external cybersecurity firms to access skills and technologies beyond their internal capabilities and manage risks more effectively.
Contents lists available at ScienceDirectJournal of AccounAlleneMcclendon878
This summary provides the key points from the document in 3 sentences:
The document discusses cybersecurity insurance and developing a model to determine the optimal set of insurance policies for a firm to purchase. The model considers minimizing the total cost of insurance premiums and expected losses not covered by the policies. Purchasing multiple policies that result in at least three areas of potential losses not covered can help address issues like high deductibles and low coverage ceilings in cybersecurity insurance.
This white paper discusses cyber security predictions and trends for the next 18 months. It outlines 5 trends: 1) major mobile exploits due to increased mobility and devices, 2) open source vulnerabilities as adversaries target these, 3) supply chain attacks remaining critical as vendors are easier targets, 4) increased industry-specific attacks and malware, and 5) greater privacy legislation in response to public concerns about data collection. The paper recommends organizations assess their use of open source software, supply chain security policies, industry-specific defenses, and data privacy practices to address these evolving threats.
What Building Owners Need to Know About Cyber Security Insurance!Memoori
Memoori was joined by Tina Jolliffe from Consort Insurance to discuss exactly what commercial building owners & operators need to know to make sure they properly mitigate the risk posed by cybercrime. As our recent market research report shows, cyber security consistently ranks as one of the top 3 concerns worrying organizations that are considering investment in IoT or digital transformation projects.
Security - intelligence - maturity-model-ciso-whitepaperCMR WORLD TECH
This document discusses the need for organizations to shift from a prevention-focused approach to cybersecurity to one focused on rapid detection and response. It notes that most organizations have mean times to detect threats of weeks or months, leaving critical systems vulnerable. The document introduces the concept of security intelligence and outlines a threat detection and response lifecycle that organizations should optimize to reduce their mean time to detect and respond to threats. This involves processes like discovering threats, qualifying them, investigating incidents, and mitigating risks.
We are living in a world where cyber security is a top priority for .pdfgalagirishp
We are living in a world where cyber security is a top priority for all governments and
businesses. In fact, last week the United States announced cyber security as its biggest. James
Clapper, the Director of National Intelligence, says that “the world is applying digital
technologies faster than our ability to understand the security implications and mitigate potential
risks.” Hackers are able to get ahead of governments because they are applying technology faster
than many can understand it.
(http://ca.reuters.com/article/technologyNews/idCABRE92B0LS20130312)
These attackers are persistent, and it is important to be aware of the methods used by hackers as
it is an important step towards defending sensitive company data.
When a hacker strikes, the cost to a company could potentially be millions of dollars. Not only
will it affect the bottom line, but hard-earned reputations can be compromised or destroyed.
It is important to recognize the differences between the different kinds of cyber threats: external
and internal. An external, or outsider threat is much trickier to pinpoint. It can be “from someone
that does not have authorized access to the data and has no formal relationship to the company.”
They could be from someone who is actively targeting the company, or accidentally from
someone who found a lost mobile device.
Internal threats are likely to come from an authorized individual that has easy access to sensitive
corporate data as part of their day-to-day duties. This could be anyone working within the
company or acting as a third party representative. The Global Knowledge Blog states that
insiders have a much greater advantage because they have means, motive, and opportunity,
whereas outsiders most often only have a motive.
(http://globalknowledgeblog.com/technology/security/hacking-cybercrime/insider-vs-outsider-
threats/)
When focusing on internal threats, we have made a digital security check list:
Implement an Intrusion Detection System (IDS). These systems act like security cameras
watching a network. They react to suspicious activity by logging off suspect users, or in some
cases, they might reprogram firewalls to snag a possible intrusion.
Implement a log management platform that will centralize all the logs and correlate to find
threats and alert on them.
Stay proactive with Identity Management systems that will monitor high risk or suspicious user
activity by detecting and correcting situations that are out of compliance or present a security
risk.
Be aware of who has keys and access codes to vulnerable information. Monitor the activity
when these spaces are accessed, authorized, or not.
Create safety policies for when employees with these security privileges leave the company or
are terminated. This will reduce the risk of theft due to careless behaviour, or break-ins from
disgruntled employees.
Get employees involved with the security procedures of the company. As a team, you can work
to strengthen your digital security pr.
Many of the early adopters of cyber risk transfer were based in the US, (owing to the extremely strict legal requirement to notify all customers affected by a data breach). However recent developments are showing that cyber risks are not just a US problem. The past 18 months Aon has seen a dramatic increase in the number of companies outside the US purchasing cyber risk transfer.
White Paper :- Spear-phishing, watering hole and drive-by attacks :- The New ...Invincea, Inc.
The single largest threat your organization faces today is network breach. Spear-phishing, poisoned search results, drive-by downloads, and legitimate sites being compromised to push malware are all part of our current reality. The most successful and common attacks vectors stem from targeted attacks on your employees. Organizations need to utilize solutions that protect their network from user error and support requirements for continuous monitoring, real-time situational awareness and providing actionable threat intelligence for their security teams.
Cyber insurance provides coverage for losses from cyber incidents and security breaches. It helps manage cyber risks through risk sharing. However, the cyber insurance market is still immature with global losses from cyber incidents exceeding the total cyber insurance market. Key challenges include asymmetric information between insurers and clients, interdependent and correlated cyber risks, and limited reinsurance capacity due to lack of claims data and potential for simultaneous global attacks.
The document discusses how predictive cyber intelligence can help organizations stay ahead of both cyber and physical security threats. It notes that investigations often find warning signs were missed by conventional defenses. The challenge is for organizations to detect potential threats early through tools like predictive cyber intelligence, which uses software and hardware to monitor public information for pre-incident indicators. This allows businesses to contain threats before damage occurs, whereas reactive security measures only address threats after the fact. The document provides examples of both cyberattacks and physical security risks organizations face and argues that predictive cyber intelligence can add important depth to defensive strategies.
This document discusses security threats that companies will face in 2020. It notes that cybercrime is increasing in frequency and severity. Emerging threats include the growth of connected devices and societies, vulnerabilities in medical devices, increased machine-to-machine interactions, reliance on mobile devices, growth of cloud services, and risks around big data. The document warns that security needs to protect all aspects of the enterprise from the data center to mobile devices and beyond. Adversaries are increasingly sophisticated and companies must manage security risks in a connected world.
The document discusses cybersecurity challenges and capabilities in the insurance industry based on a survey conducted by Accenture Security. Some key findings include:
- Insurance companies have made progress in their cybersecurity capabilities but around 20% of attempted breaches are still successful, exposing risk.
- While insurance leaders are confident in their cyber defenses, attackers are becoming more sophisticated so overconfidence could be an issue.
- Insurance companies need to invest more in advanced technologies like AI and automation to keep up with cyber criminals.
- Achieving mastery in cybersecurity for insurance companies would mean things like identifying breaches quickly, involving more than just the security team, and focusing on the right performance metrics beyond just underwriting losses.
The preset (third) “Hiscox Cyber Readiness Report 2019” provides you with an up-to-the-minute picture of the cyber readiness of organisations, as well as a blueprint for best practice in the fight to counter the ever-evolving cyber threat.
More businesses report being impacted by a cyber incident year-on-year, with the risk appearing to be indiscriminate when it comes to size of business or sector.
The cost of cyber crime to businesses appears to be on an aggressive upwards trajectory – up by as much as 61% in aggregate this year.
We Need to Prioritize Cybersecurity in 2020Matthew Doyle
Technology has sparked incredible advances in healthcare — but it hasn’t done so without risk. Cybersecurity has long been a hot-button issue for the healthcare sector. For many provider organizations, a major security breach constitutes a worst-case scenario, posing a significant threat to operations, patient trust, and confidential information alike.
The document discusses cybersecurity risks that boards of directors must address. It provides advice from seven cybersecurity experts on how boards should implement an effective risk management framework to detect threats, ensure early detection and monitoring, and develop robust recovery plans. The experts emphasize the importance of understanding a company's critical digital assets, supply chain risks, and continuously educating all levels of the organization on cybersecurity issues.
Cyber risk represents both risk and opportunity for insurance companies. While cyberattacks can result in multi-billion dollar losses, there is growing demand from companies for cyber insurance coverage. Actuaries can help develop sustainable cyber insurance products by analyzing available breach data, determining appropriate policy terms, and encouraging policyholders to strengthen cybersecurity. Offering generous policy limits alongside strict security requirements and high deductibles allows insurers to expand in this area while properly managing risk. The increasing need for cyber coverage represents a chance for actuaries to add value and for insurers to generate new revenue streams.
CSE 2016 Future of Cyber Security by Matthew RosenquistMatthew Rosenquist
Cybersecurity is a difficult and serious endeavor which over time strives to find a balance in managing the security of computing capabilities to protect the technology which connects and enriches the lives of everyone. Peering into the future of cybersecurity provides valuable insights around the challenges and opportunities. The industry is changing rapidly and attackers seem to always be one step ahead.
Presented by Matthew Rosenquist at the 2016 Connected Security Expo (CSE) @ ISC West http://www.connectedsecurityexpo.com/
A1 - Cibersegurança - Raising the Bar for CybersecuritySpark Security
The document discusses cybersecurity and how simple it is for hackers to breach corporate networks. It finds that over 90% of successful breaches only require basic hacking techniques that use tools freely available online. The document recommends that companies implement four risk reduction measures - whitelisting authorized software, rapidly patching systems, minimizing administrator privileges, and continuous monitoring - to significantly reduce their risks of being hacked as these measures address the most common vulnerabilities exploited. It argues companies need to better secure their networks to meet their fiduciary responsibilities and due diligence in protecting shareholder value from the persistent cyber threats faced.
Similar to Can We Avert A Cyber-Insurance Market Crisis? (20)
This presentation examines to what extent that cyber-insurance can be a useful tool to manage the risks and harms caused by massive cyber-attacks from the national as opposed to enterprise standpoint,
2018 april - aba legal construct for understanding adversarial cyber activit...Ethan S. Burger
A Legal Construct for Understanding Adversarial Cyber Activities. This Presentation examines the international law applicable to cyber-operations in the public policy context. It draws attention to when existing legal principles cannot readily be applied to cyber-attacks. It identifies problems presented by politicians and international lawyers not having a common vocabulary
Russian [State] Organized Crime: Principal or Agent. Many people assert that Russia "is a criminal state." This presentation examines the relationship between the ruling Russian elite and organized crime, a distinction that is often gray. This presentation also sets out the legal framework for understanding Russian Organized Crime
2016 December -- US, NATO, & The Baltics -- International Security and Cyber[...Ethan S. Burger
The document discusses cybersecurity issues in the Baltic states after the 2016 U.S. presidential election. It provides background on cyber attacks against Estonia and NATO's recognition of cyberspace as a domain of operations. It summarizes analyses that found NATO could not effectively repel a rapid Russian invasion of the Baltic states. The document also covers NATO and Baltic states' national cybersecurity strategies and organizations, and key dates in NATO cybersecurity coordination. It examines perspectives on applying international law to cyber conflicts and responses to cyber-only attacks.
1) The document discusses Russian criminal groups (RCGs) and their activities and influence in Australia and globally. It notes concerns about financial crimes, cyber crimes, illegal weapons exports, and other transnational crimes perpetrated by RCGs.
2) It provides background on the rise of organized crime in Russia after the fall of the Soviet Union and examines the structure and activities of major Russian companies and banks. It questions how closely international criminal networks centered around these companies are monitored.
3) The document analyzes Russia's arms export industry and questions whether all weapons sales are properly reported, as some may be shipped through third parties or private military companies.
This document provides an overview of the complex issues surrounding Ukrainian history, identity, and social cohesion. It touches on several key points:
1) Ukrainian history and identity are complicated questions without clear answers, as they involve differing perspectives on when the nation's history began, competing schools of historiography, shifting borders and ethnic groups over time.
2) Linguistic and ethnic identities in Ukraine are intertwined with political divisions, as Western and Central Ukraine identify more as Ukrainian while Eastern Ukraine has stronger Russian ties.
3) Since the conflicts in Crimea and the Donbas, national pride and identity have increased in Western and Central Ukraine, though opinions in Eastern Ukraine are more varied.
Complacency in the Face of Evolving Cybersecurity Norms is HazardousEthan S. Burger
Complacency in the face of evolving cybersecurity norms is hazardous. Executives and boards are often reluctant to adopt comprehensive cybersecurity policies due to costs and contradictory advice. However, failing to take action increases regulatory and legal risks. Cyberattacks are difficult to defend against and are becoming more sophisticated. Small and medium enterprises are particularly vulnerable targets but may underestimate threats due to limited resources. Government efforts to work with businesses on cybersecurity have been inconsistent, creating uncertainty around compliance. Cyberbreaches can result in significant litigation and liability for companies, especially as legal standards continue developing. Comprehensive and strategic planning is needed to address diverse cyberattack risks.
The subject matter of this study is the legislation and practice of disciplinary liability for corruption and corruption-related offenses in Ukraine and, in a comparative aspect, abroad.
The purpose of the study is to identify gaps, contradictions and other shortcomings in the legislative regulation and practice of disciplinary liability for corruption and corruption-related offenses and, on this basis, taking into account positive foreign experience, to propose appropriate amendments to Ukrainian legislation.
shwetha case hmt.docx human resouce managementShwethaGy2
CASE STUDY 3: SURPRESSING OF MATERIAL FACTS DURING SELECTION PROCESS IN MANUFACTURING COMPANY: EMPLOYEE DISSMISAL OR CONTINUATION OF EMPLOYMENT.
AUTHOR: SHWETHA G Y
INTRODUCTION
Surpression of Material Facts is the situation in which important and relevant facts and conclusions that are in the public interest to be disclosed are concealed or withheld from the public domain. Suppression means not providing information which the person is legally required to state, but is intentionally or deliberately not stated. Any wilful misstatement or suppression of facts by the employees during the time of selection process is considered as misconduct as per the companies standing orders act 1946.The present case study tries to analyse the employees surpressing of facts during the time of selection process. The manufacturing company's efforts and necessary steps have been reflected in the case report as this is the case of suppression of facts/information as per the standing orders act 1946 of the company.
Misconduct
CASE SCENERIO
Hindustan Machine Tools was incorporated in 1953 by the Government of India as a machine tool manufacturing company. Over the years, HMT diversified into watches, tractors, printing machinery, metal forming presses, die casting and plastic processing machinery, and CNC systems and bearings. HMT is headquartered in Bengaluru (Bangalore).
HMT Watch Factory – IV, Tumkur Divison, one of leading manufacturing industry in tumkur set up as additional manufacturing facilities to produce watch components sets at Tumkur in 1978 and at Ranibagh in 1985.The factory at Tumkur was partially converted to manufacture quartz analog watches in collaboration with Citizen. Where a case was happened in the year 1980 when they called the post of operators at the tumkur division. The qualification required is any PUC or Graduate fail candidate. In HMT Watch Factory – IV, Tumkur Divison 1800 persons were employed in different cadre in the year 1980. In which about 250 employees surpressed the fact that they were all undergraduates eventhough they are the graduates to take up the job in the public undertaking company. Later after a couple of months it was found by the management that they were all graduates.
CHALLENGE: Dismissal/continuation of Employment
OUTCOME: The management conducted that this as misconduct as per the standing orders of the company and violation of company policies and Breach of Trust. As per the standing orders act 1946, a notice issued to the concerned employee to show cause within three days from the date of issue of this letter. With reference to this the concerned employees inadvertently declared at the time of appointment that he was undergraduate fail / PUC but not with intention.
The management with reference to the show cause notice given by employees dismissed employees from the job as per the standing orders act 1946.All the 250 employees went to the court of law. The judgement given by the court is to take back th
Know what is Proforma B in Panchkula RERA Complaint Authority when you are mentioning the respondents. The Authority after consideration resolved that for all intents and purposes, the respondents whose name/ address/ other details, are stated in Proforma-B shall be treated as respondent(s) and the respondent whose name are not mentioned in Proforma-B shall not be considered as respondents to the complaint.
Petition for Allowance of Appeal Revision.pdfalmondtree2525
A petition for justice. The witness provided false delusional testimony. The court made several errors which include denying witness to testify. The abuser has relationship with the court. The victim is disabled and can't defend herself due to communication disability.
Golden Rule of Interpretation by Puja Dwivedilegalpuja22
introduction to the Golden Rule of Interpretation
Definition and Origin:
The Golden Rule of Interpretation is a guiding principle utilized in legal systems worldwide to decipher and implement laws justly and reasonably.
Its roots trace back to ancient legal philosophies, notably derived from the Latin maxim "interpretatio cessat in claris," meaning interpretation ceases when the meaning is clear.
Purpose and Function:
The primary objective of the Golden Rule is to empower judges and legal interpreters to depart from the literal interpretation of statutes when adherence to such interpretations would lead to absurd, unjust, or unreasonable outcomes.
Unlike the strict adherence to the literal meaning prescribed by the Literal Rule, the Golden Rule allows for flexibility in interpretation, ensuring the law's application aligns with the broader principles of justice and fairness.
Evolution and Adaptation:
Over time, the Golden Rule has evolved to meet the changing needs and societal values of legal systems. It adapts to modern contexts, technological advancements, and evolving understandings of justice.
Its application varies across different legal jurisdictions but remains a fundamental tool in statutory interpretation worldwide.
Literal Rule vs. Golden Rule
Literal Rule:
The Literal Rule is a traditional approach to statutory interpretation that mandates strict adherence to the plain and literal meaning of the words used in a statute.
Under this rule, judges are expected to interpret legislation based solely on the language's explicit wording, without considering underlying intentions, societal implications, or potential absurdities that may arise from a literal interpretation.
Golden Rule:
In contrast, the Golden Rule of Interpretation provides judges with the discretion to depart from the literal meaning of statutes when necessary to avoid absurd or unjust outcomes.
It serves as a balancing mechanism, allowing courts to interpret laws in a manner that aligns with broader principles of justice, fairness, and legislative intent.
While the Literal Rule focuses solely on textual analysis, the Golden Rule recognizes the need for flexibility and adaptability in legal interpretation, particularly in complex or ambiguous situations.
Illustrative Example:
Case Law Example: State of Madhya Pradesh v. Azad Bharat Financial Company (1967)
This case exemplifies the application of the Golden Rule, where the literal interpretation of the Opium Act of 1878 would have led to the unjust confiscation of a vehicle due to the presence of contraband.
By applying the Golden Rule, the court interpreted the statute in a manner that prevented injustice, highlighting the rule's essential role in safeguarding fairness and equity in legal proceedings.
HARMONIOUS CONSTRUCTION RULE by Puja Dwivedilegalpuja22
INTRODUCTION TO HARMONIOUS CONSTRUCTION RULE:-
Harmonious construction is a principle of statutory interpretation aimed at reconciling conflicting provisions within a legal framework.
It involves interpreting statutes in a manner that avoids inconsistencies and gives effect to the overall legislative intent.
This rule is pivotal in resolving legal disputes where different laws or constitutional provisions appear to conflict.
PRINCIPLES OF HARMONIOUS CONSTRUCTION RULE:-
Interpret statutes to avoid conflicts and give effect to legislative intent.
Maintain consistency within legal frameworks.
Balance conflicting provisions while upholding constitutional values.
ROLE OF JUDICIARY IN HARMONIOUS CONSTRUCTION:-
Judiciary acts as a mediator in resolving legal conflicts.
Courts ensure harmonious interpretation of laws to uphold justice.
Judicial decisions establish precedents for future legal disputes.
CASE LAWS :-
Venkataramana Devaru v. State of Mysore (1957)
Citation:
Venkataramana Devaru v. State of Mysore, 1957 (AIR 1958 Mys 38)
Fact:
Trustees of Sri Venkataramana Temple filed a suit under Section 92 of CPC regarding the exclusion of Harijans from the temple after the enactment of the Madras Temple Entry Authorization Act (Madras V of 1947).
The temple trustees claimed that the temple was private and exclusively meant for Gowda Saraswath Brahmins, hence exempt from the Madras Act.
Issue:
Whether the Madras Temple Entry Authorization Act applied to Sri Venkataramana Temple despite the trustees' claim of its private nature.
Whether Section 3 of the Madras Act violated Article 26(b) of the Indian Constitution, which protects the rights of religious denominations.
Judgment:
The High Court of Madras ruled that while the public could worship in the temple, the trustees had the right to exclude the general public during certain ceremonies reserved for Gowda Saraswath Brahmins.
The Supreme Court clarified that the Madras Act applied to Sri Venkataramana Temple and harmonized Articles 25(2)(b) and 26(b) of the Constitution to uphold the Act's validity, ensuring access to the temple for all classes of Hindus.
K.M. Nanavati v. State of Maharashtra (1961)
Citation:
K.M. Nanavati v. The State of Maharashtra, 1961 (AIR 1962 SC 605)
Fact:
Naval Commander K.M. Nanavati was accused of murdering his wife's secret lover, Prem Ahuja.
Nanavati was tried under IPC Sections 302 and 304, and a special jury acquitted him.
Issue:
Whether the decision of the special jury acquitting Nanavati was logical given the evidence of the case.
Whether the suspension order by the Governor under Article 161 of the Constitution could be applied while the case was sub-judice.
Judgment:
The High Court of Bombay overturned the jury's decision, holding Nanavati guilty of murder based on the circumstances of the case.
The Supreme Court ruled that Article 161's suspension power couldn't be exercised while the case was pending before the judiciary, emphasizing the importance of harm
The Canadian Atlantic Immigration Program (AIP)BridgeWest.eu
Here is a guide on the Atlantic Immigration Program in Canada. You can discover it at length in our article https://canada-immigration.lawyer/aipp-canada/.
A petition for justice. The witness provided false delusional testimony. The court made several errors which include denying witness to testify. The abuser has relationship with the court. The victim is disabled and can't defend herself due to communication disability.