06 January

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Laws on Network Security in India: Lawyers Advice

in Consumer Laws, Cyber Laws, Information Technologies, Legal Advice, Uncategorized

In 2020, India has turned out to become the country with second largest internet user base with over 506 million users. Also, in the coming years, these number are said to increase up to 600 million. However, with the constant growth in digitization, safeguarding network security system with necessary resources becomes imperative. For, this we need to understand the current legal framework of network security in India. Also, whether these laws are robust enough to meet the demands for network security in India. Information Technology Act has brought positive changes across the legal sphere in India: -India was the twelfth country...

06 January

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Enforcing an International Non-Disclosure Agreement for IT Services & Work

Posted by MyLawyer

in Consumer Laws, Cyber Laws, Information Technologies, Legal Advice, Uncategorized

Brief Information: Non-Disclosure Agreements: -Non- Disclosure Agreement are those agreements where the parties to the agreement agrees not to disclose the information given in the agreement. It basically denies the access of the third party on the information mentioned in the agreement. It typically serves three basic functions, namely, protecting the sensitive information, helps inventor to keep patent rights and lastly differentiates between exclusive and confidential information. A Non-Disclosure Agreement is regarded a necessity for IT-service projects, that are outsourced. This agreement also helps in resolving any dispute in case a party to the agreement breaches some part of the...

06 January

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Evidentiary Value of the Statements made to the Police during Investigation

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

In Sewaki v. State of Himachal Pradesh, 1981 Cri LJ 919, the apex court held that any statement recorded by the police officer during an investigation is neither given upon oath nor is the same tested by cross examination. also, as per the law of evidence, such statement is neither considered evidence of the facts made therein and nor is the same considered as substantive evidence. The statement made to the police has no evidentiary status, as a result no criminal cases can be initiated using the same as evidence under Section 194 and 195 of the Indian Penal Code. Supreme...

06 January

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Determining Jurisdiction of a Court while making Purchase from E-Commerce Platforms

Posted by MyLawyer

in Consumer Laws, Legal Advice, Legal Advisor, Recovery of Debts, Uncategorized

An e-commerce entity has its Corporate Office in Gurugram, Haryana but according to the terms and conditions, all disputes arising shall be subject to the jurisdiction of the court, tribunal and forum in Bengaluru. In such cases, if the aggrieved person residing in Delhi has to file a complaint against the spurious product and ill refund policy of the e-commerce entity at his residence itself, the same becomes challenging. It is therefore important to understand, as to what needs to done if the person desires to file the complaint in Delhi itself. Now, under section 11(2) of the Consumer Protection...

08 December

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Three Important Steps before Outsourcing of IT Service & Work

Posted by MyLawyer

in Business Laws, Criminal lawyer, Information Technologies, Legal Advice, Uncategorized

A lot of IT related work is outsourced from the developed countries like US, UK, Australia etc to different developing countries and India ranks first in this. This entire outsourcing of IT work is done primarily for the two reasons i.e. easy availability of the skilled workforce in the developing countries and secondly due to the cost effectiveness. However, outsourcing of work sometimes creates more perils than benefits and thus both the parties i.e. the Service Provider and the Service Recipient should follow certain steps in order to enable smooth functioning of the entire process and reducing chances of friction. Thus,...

08 December

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Legal Challenges in Outsourcing of IT Services & Work

Posted by MyLawyer

in Business Laws, Corporate Lawyer, Information Technologies, Legal Advice, Uncategorized

Outsourcing refers to the practice in business where a party is hired from outside the company to perform certain services and creation of goods which were performed in-house by the corporate’s employees and local staffs. It is a basically a measure undertaken by the corporate to cut the cost. Now, in the case of IT-services, we have witnessed an upsurge in the outsourcing process. However, there are some legal limitations and issues acting as an obstacle in outsourcing. It is very important to note that in case an organization or corporate is outsourcing to India, the same needs to be...

08 December

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Precautions to be taken before Outsourcing of IT Services & Work

Posted by MyLawyer

in Business Laws, Corporate Lawyer, Information Technologies, Legal Advice, Uncategorized

Outsourcing refers to the practice in business where a party is hired from outside the company to perform certain services and creation of goods which were performed in-house by the corporate’s employees and local staffs. It is a basically a measure undertaken by the corporate to cut the cost. Now, in the case of IT-services, we have witnessed an upsurge in the outsourcing process. However, there are some legal limitations and issues acting as an obstacle in outsourcing. Precaution to deal with the Issue of TaxationIn the upcoming paragraphs, we shall discuss the precautions that may be taken to deal...

08 December

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Laws for Outsourcing of IT Service & Work

Posted by MyLawyer

in Business Laws, Corporate Lawyer, Information Technologies, Legal Advice, Uncategorized

The business entities and firms are nowadays taking advantage of technology for models like offshoring so as to reduce their costs without a without a corresponding decline in quality. However, with the growth and development of technology the problem related to same is also growing by leaps and bounds. Most developed countries in the world, especially the USA are engaged in outsourcing majority of its industrial and trading contracts, offshore to developing countries like India to reap the benefits of cost effective and proficient work force. However, concerns like data confidentiality and security issues have emphasised the necessity for businesses...

08 December

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How to Determine the Jurisdiction of a Court in a Civil Case: Lawyers Advice

Posted by MyLawyer

in High Court, Legal Advice, Legal Advisor, Recovery of Debts, Uncategorized

Jurisdiction of a court is its power/authority to hear the case and pass a decree. A court accepts all suits of civil nature unless expressly or impliedly it is barred as mentioned in section 9 of the Code of Civil Procedure, 1908. Whenever a suit is instituted in a court, the opposite party can challenge the jurisdiction showing that passing a decree in this court will cause a miscarriage of justice. Factors determining the Jurisdiction of a Court in a Civil Case or Civil Law SuitThe jurisdiction of the court can be challenged in four circumstances: 1) Court...

08 December

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Filing a Strong Counter Claim in a Civil Case: Lawyers Advice

Posted by MyLawyer

in High Court, Legal Advice, Legal Advisor, Recovery of Debts, Uncategorized

A civil trial is a lengthy procedure. To avoid multiplicity of proceedings and save the valuable time of the Honourable Court, counter-claim and set-off were adding to the Civil Procedure Code, 1908 by the Amendment Act of 1976. While set-off is considered as a defence mechanism where it is used as a shield, a counter-claim on the other hand is used as a weapon to sue the plaintiff. A counter-claim filed by the defendant is considered as a plaint and the plaintiff in the original suit is entitled to file a reply to the counter-claim in the form of a...

Laws on Network Security in India: Lawyers Advice

Enforcing an International Non-Disclosure Agreement for IT Services & Work

Evidentiary Value of the Statements made to the Police during Investigation

Determining Jurisdiction of a Court while making Purchase from E-Commerce Platforms

Three Important Steps before Outsourcing of IT Service & Work

Legal Challenges in Outsourcing of IT Services & Work

Precautions to be taken before Outsourcing of IT Services & Work

Laws for Outsourcing of IT Service & Work

How to Determine the Jurisdiction of a Court in a Civil Case: Lawyers Advice

Filing a Strong Counter Claim in a Civil Case: Lawyers Advice

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