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,
Cyber liability insurance provides protection against the risks associated with data breaches and loss of personally identifiable information. As property owners and managers collect large amounts of private data on residents, employees, and applicants, the costs of a cyber attack or data breach can be substantial. Cyber liability policies cover expenses like notification of affected individuals, credit monitoring, lawsuits, investigations, and loss of business resulting from attacks. While prevention is important through security measures and policies, the growing threat of cyber crime means companies should evaluate cyber liability insurance as part of their risk management strategy.
This document discusses cyber liability insurance. It begins by defining cyber risk as any risk of financial loss, disruption, or damage to an organization's reputation from a failure of its information technology systems. It then discusses the types of damages that can occur, including non-physical damages like data corruption or theft and physical damages like system manipulation. It notes that all companies have cyber risk. It discusses how industries like energy are particularly exposed to risks like power grid hacking. The document outlines common insurable cyber risks, underwriting considerations for pricing cyber policies, and ways organizations can manage their cyber risks.
Please find enclosed some of the material relating to our ANZIIF CPD accredited Cyber Insurance training.
If the noise and rhetoric is getting too much, let us come and walk you through the how, what , when and where of Cyber Insurance
Discussing Cyber Risk Coverage With Your Commercial Clients by Steve Robinson...Don Grauel
Steve Robinson of RPS Technology & Cyber presented "Discussing Cyber Risk Coverage With Your Commercial Clients" to the 68th Annual F. Addison Fowler Fall Seminar on October 17, 2014.
Gowlings - November 12, 2014
In an ever-increasing digital world, all businesses face challenges in managing and protecting sensitive and confidential information. In this presentation Gowlings and Marsh Canada Limited addressed best practices for responding to a cyber breach, and what types of insurance may be available to respond to such a loss. Topics included:
• Trends, and the evolution of cyber insurance/products
• The D&O connection, cyber is a strategic business risk
• Risk Management Strategies
• Best Practices in Breach Response.
This document discusses cybersecurity risks and challenges for banks. It notes that banks hold sensitive financial and customer data, making them attractive targets for sophisticated cyber attacks seeking monetary rewards. The document outlines key cybersecurity issues banks face such as regulatory compliance pressures, consumerization trends, emerging attack types like APTs, and the sophistication of threats. It provides examples of past attacks on banks and discusses security challenges from e-banking, mobile banking, outsourcing, and PSD2 regulations. The document advocates for strategies like threat intelligence, compliance with standards like PCI DSS and ISO 27001, and information security maturity to help banks mitigate cybersecurity risks.
This document discusses a panel discussion on cyber liability coverage. It includes:
1) An overview of what constitutes "cyber" liability, including failures of network security, wrongful disclosure of information, privacy/security investigations, and media content issues.
2) Examples of coverage sections in cyber policies, including first party coverage for expenses/business interruption and third party coverage for liability.
3) Hypothetical breach scenarios involving exposed PII, negligent service providers, state-sponsored hacking, and network/property damage.
4) A discussion of social engineering threats and how related losses may be covered under crime policies or financial bonds depending on if hacking or authorized users were involved.
The document discusses how cybersecurity risks have become a major topic of discussion at high levels of organizations due to a combination of forces over the past decade. Sophisticated attackers now outpace security controls, and data breach disclosure laws have led to extensive media coverage of cyber attacks. This has increased pressure on boards of directors to oversee cybersecurity risks. Several case studies of large companies that suffered data breaches like Sony, Target, and TJX are presented to show how cyber attacks can significantly impact businesses but typically do not cause their downfall.
This document discusses privacy and security risks in the digital age and strategies for managing those risks. It outlines increasing regulation at the federal, state, and international levels related to data breaches and privacy. This has led organizations to undertake multiple, siloed compliance efforts. The document proposes a unified approach to information security compliance that addresses all legal requirements and uses popular standards. It also discusses how risk transfer through insurance can help organizations manage security and privacy risks.
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.
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.
Basics of insurance coverage and evolving issues surrounding cyber, data breaches, and a big picture overview of how it impacts businesses and the lawyers advising them.
An overview of the Massachusetts 201 CMR 17 Data Privacy Law which goes in to effect on March 1. Contact information is available for each presenter in the slidedeck.
Please contact any of us with questions.
New York Department of Financial Services Cybersecurity RegulationsShawn Tuma
Getting in Shape – NYDFS Cyber Security Regulations Webinar
Presenters: Shawn Tuma, Cybersecurity & Data Protection Attorney, Scheef & Stone LLP | Bill Belcher, VP Americas, Boldon James In an initiative to protect New York’s financial services industry, a new State regulation has been introduced to protect consumers and financial institutions from cyber-attacks. Effective March 1, 2017, this risk-driven regulation requires all financial services institutions regulated by the Department of Financial Services (DFS) to establish and maintain a cyber security program that will protect both customers’ private data and the technology that supports this. The impact stretches down through the supply chain, as any organization that conducts business with the NYC financial services sector has to adopt the same level of data protection.
Watch this webcast to learn:
The key requirements of the NYC Cyber security regulation
How compliance is about process first, then people and technology
What organizations need to be doing to ensure they comply
How data classification can help ensure compliance
NYDFS Cybersecurity Regulations (23 NYCRR 500) New York is one of the biggest financial hubs in the world; as you can imagine where there is sensitive financial information, there are people who want to get their hands on it. It is for this reason major financial firms operating in New York will face stiff cyber security obligations under the new New York Department of Financial Services Cybersecurity Regulations (23 NYCRR 500). This regulation will apply to firms holding a banking, insurance or financial services licence to operate in New York. 23 NYCRR 500 has been effective as of March 1st 2017, although firms have 180 days from this introduction date to change internal systems in order to meet new compliance and regulation standards. This fact sheet outlines:
23 NYCRR 500 overview
Key dates for covered entities
Key tasks for compliance
How Boldon James can help
Please complete the adjoining form to request it.
The document discusses preparing for and responding to cybersecurity incidents and data breaches. It provides an overview of Breach Education Alliance, an integrated team approach for responding to breaches. It then discusses best practices for security investigations, including establishing goals and understanding common causes of incidents. Potential mistakes in investigations and security are outlined. The document emphasizes training employees, understanding your environment and business risks, and having the proper resources in place before, during and after a security incident.
4 Steps to Financial Data Security Compliance Technologies to Help Your Finan...SafeNet
This document discusses 4 steps that financial service organizations can take to achieve compliance with data security regulations:
1) Secure data in motion by encrypting network traffic over WANs using high-speed encryption.
2) Protect data at rest by encrypting data on devices using disk and file encryption.
3) Control access using strong authentication solutions.
4) Protect encryption keys using hardware security modules to ensure data integrity.
Implementing encryption technologies across these four areas provides comprehensive protection of data assets and facilitates secure access, helping organizations comply with various data security laws.
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.
- Terrorism remains a persistent threat in the United States, though most attacks since 9/11 have involved arson or conventional explosives and caused limited damage. Al Qaeda and other groups still aspire to conduct more destructive attacks.
- Terrorism risk models can estimate the likelihood and impact of some events similar to past attacks, but cannot reliably predict threats differently than historical incidents given limited data.
- The TRIA program helps ensure compensation is available after attacks and supports recovery, though it only covers incidents insurers can model, with taxpayers protected from extreme losses above $27.5 billion. Renewing TRIA may increase national security by promoting resilience.
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.
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.
Can We Avert A Cyber-Insurance Market Crisis?Ethan S. Burger
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.
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
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Literal or Grammatical Rule of Interpretation.pdflegalpuja22
Introduction
The literal or grammatical rule of interpretation is the foremost principle in deciphering statutory language within the realm of legal interpretation.
It emphasizes the importance of interpreting words in their natural or ordinary meaning, without delving into legislative intent or potential consequences.
By prioritizing the text itself, this rule aims to uphold the integrity of legislative language and ensure consistency in legal application.
The literal rule serves as a foundational pillar in statutory construction, providing a solid framework for judicial decision-making.
While offering clarity and predictability, it requires a nuanced approach to balance textual fidelity with broader legislative intent, thus ensuring just outcomes in legal proceedings.
First rule of interpretation.
Interprets words in their natural or ordinary meaning.
Emphasizes natural or ordinary meaning of words.
Legislature's intention deduced from language used.
Court's duty to give effect if language clear, regardless of consequences.
Basic Principle
Words interpreted according to grammar rules.
Legislature's intention expressed through words.
Safest rule of interpretation.
Duty of the Court
Court's duty is to give effect if language is plain.
No consideration of consequences.
Legislature's responsibility for any harsh consequences.
Case Law:
Maqbool Hussain v. State of Bombay (AIR 1953 SC 325)
Appellant found with undeclared gold.
Charged under Sea Customs Act and Foreign Exchange Regulations Act.
Challenged trial under Article 20(2) of Indian Constitution (double jeopardy).
Court held trial valid as appellant not previously prosecuted.
Manmohan Das versus Bishan Das (AIR 1967 SC 643)
Interpretation of U.P Control of Rent and Eviction Act, 1947.
Tenant liable for alterations diminishing property value.
Appellant argued 'or' should be read as 'land'.
Court applied literal interpretation, ruled against appellant.
State of Kerala v. Mathai Verghese and others (1987 AIR 33 SCR(1) 317)
Accused charged with possession of counterfeit currency.
Contention: Sections 498A and 498B of IPC apply only to Indian currency.
Court held 'currency notes' not prefixed, upheld charge.
Advantages of Literal Rule
Provides certainty and predictability.
Reflects legislative intent accurately.
Upholds rule of law.
Criticisms of Literal Rule
Ignores legislative purpose or intent behind words.
May lead to absurd or unjust outcomes.
Limits judicial discretion.
Application of Literal Rule
Commonly used in statutory interpretation.
Guides judges in understanding legislative intent.
Ensures consistency in legal decisions.
Practical Examples of Literal Rule Application
Tax laws: Interpreting tax code provisions
Penal laws: Interpreting penal code provisions.
Introduction
FIU IND, short for Financial Intelligence Unit - India, is an agency responsible for receiving, analyzing, and disseminating information relating to suspicious financial transactions. It plays a crucial role in combating money laundering and terrorist financing. FIU registration is mandatory for certain financial entities to ensure they comply with the legal requirements and contribute to the integrity of the financial system.
Mischief Rule of Interpretation by Puja Dwivedilegalpuja22
INTRODUCTION:-
Definition: The mischief rule is a principle of statutory interpretation used by courts to determine the intention of the legislature when the language of a statute is unclear or ambiguous.
Origin: Developed by English judges in the 16th century to ensure that laws achieve their intended purpose.
Objective: The rule aims to address the 'mischief' or problem that the statute was intended to remedy.
Heydon's Case (1584):-
Background: this landmark case established the mischief rule.
Principle: The court should consider four things:
What was the common law before the making of the Act?
What was the mischief and defect for which the common law did not provide?
What remedy has Parliament resolved and appointed to cure the disease of the Commonwealth?
The true reason of the remedy.
Case Laws:-
Smith v. Hughes, 1960 WLR 830
Facts: Prostitutes were soliciting in the streets of London, causing law and order issues. The Street Offences Act, 1959 was enacted to address this problem. However, after the enactment, prostitutes started soliciting from windows and balconies.
Issue: Whether soliciting from windows and balconies falls under the purview of the Street Offences Act, 1959?
Judgment: The court applied the mischief rule, interpreting the statute to prevent solicitation by extending the definition of "street" to include windows and balconies. Thus, the defendants were held liable under the Act.
Pyare Lal v. Ram Chandra
Facts: Pyare Lal was prosecuted for selling sweetened supari adulterated with an artificial sweetener under the Food Adulteration Act. He argued that supari is not a food item.
Issue: Whether supari falls under the definition of "food" according to the Food Adulteration Act?
Judgment: Applying the mischief rule, the court interpreted "food" to include items consumable by mouth. Thus, the prosecution was upheld, considering the Act's aim to prevent adulteration of consumable items.
Kanwar Singh v. Delhi Administration, AIR 1965 SC 871
Facts: The Delhi Corporation Act, 1902 authorized the corporation to round up abandoned cattle. The MCD rounded up cattle belonging to Kanwar Singh, who argued that the term "abandoned" didn't apply to his cattle.
Issue: Whether the term "abandoned" in the statute applies to temporarily unattended cattle?
Judgment: Applying the mischief rule, the court interpreted "abandoned" to include temporary loss of ownership, thus upholding the corporation's action.
Fundamentals of Legal, Tax, and Accounting Aspects of Merger and Acquisition Transaction
Being A Paper Presented at the Institute of Chartered Accountants of Nigeria (ICAN) Webinar Session on 29th September, 2022
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An example of a petition written pro-se by the victim to defend against delusional false accusation by an abuser.
Writ of Certiorari written by an autistic defendant who is a victim of harassment and was falsely accused by her very own abuser.
Individuals with autism has difficulties in communicating, and this gives plenty of advantages for abusers because autistic individuals are naive and not able to defend themselves due to communication issues. The abuser in this case happens to be a school principal who bullies and harasses disabled students and parents on regular basis, but she is able to walk away free because of her craftiness and her exceptional abilities to lie. She is a pathological liar and she is able to deceive law enforcement and the court. This document describes the truth and the ordeal that one of her victims had to go through without being able to get help because the abuser was able to manipulate a large number of people. This document also shows how the current justice system fails to accommodate disabilities especially autism spectrum disorders. Despite a campaign by Pennsylvania Supreme Court to enable autistic individuals to access justice, the courts in Pennsylvania, including the Supreme Court itself is still far far away from understanding Autism. Autistic people have to suffer in silence, and many of them are victims of abuse but they are not able to defend themselves. This explains why suicide rates amongst autistic populations are extremely high.
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.