Page 283 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes “We have taken a serious view of this hacking, and if need be the government would even
go further and seek the help of private IT experts. Discussions are in progress between the
officials of the IT Department and experts,” Patil added.
The state government website contains detailed information about government
departments, circulars, reports, and several other topics. IT experts working on restoring
the website told Arab News that they fear that the hackers may have destroyed all of the
website’s contents.
According to sources, the hackers may be from Washington. IT experts said that the hackers
had identified themselves as “Hackers Cool Al-Jazeera” and claimed they were based in
Saudi Arabia. They added that this might be a red herring to throw investigators off their
trail.

According to a senior official from the state government’s IT department, the official
website has been affected by viruses on several occasions in the past, but was never
hacked. The official added that the website had no firewall.
Source: http://cyberlaws.net/cyberindia

14.1.3 Applicability of the Act

Act is applicable to:
(a) a negotiable instrument (Other than a cheque) as defined in section 13 of the Negotiable
Instruments Act, 1881;
(b) a power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882;
(c) a trust as defined in section 3 of the Indian Trusts Act, 1882;

(d) a will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any
other testamentary disposition

(e) any contract for the sale or conveyance of immovable property or any interest in such
property;

(f) any such class of documents or transactions as may be notified by the Central Government
An Act to provide legal recognition for transactions carried out by means of electronic date
interchange and other means of electronic communication, commonly referred to as “electronic
commerce”, which involve the use of alternative to paper-based methods of communication
and storage of information to facilitate electronic filing of documents with the Government
agencies and further to amend the Indian Penal Code, the India Evidence Act, 1872, the Banker’s
Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected
therewith or incidental thereto;
Whereas the General Assembly of the United Nations by resolution A/RES/ 51/162, date 30th
January 1997 has adopted the Model Law on Electronic Commerce adopted by the United Nations
Commission on International Trade Law;
And whereas the said resolution recommends, inter alia, that all States give favourable
consideration to the said Model Law when they enact or revise their laws, in view of the need for
uniformity of the law applicable to alternatives to paper based methods of communication and
storage of information;

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