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6. Payable on demand.
A cheque to be valid must be payable on demand and not otherwise. Use of the
words demand
drawer asks thebanker to pay and does not specify the time for its payment, theinstrument
The drawer of a cheque is expected to date it before it leaves his hands. A cheque
without a date is consideredinc omplete and is returned unpaid by the banks. The
drawer candate a cheque with the date earlier or later than the date on whichit is
drawn. A cheque bearing an earlier date is antedated and theone bearing the
cheque isas much negotiable as a cheque for which payment is due, i.e.,the
due, acquires a better title than its transferor, if he is a holder in due course. A
cheque that bears a date earlierthan six months is a stale cheque and cannot be claimed for.
SignatureB Informatio n
involves determining itssource and verifying that it has not been modified or replaced in
such that an electronic record yields the same hash result every time the algorithm is
the hashresult produced by the algorithm;(b) that two electronic records can
In May 2000, at the height of the dotcom boom, India enacted the IT Act and became part
of a select group of countries to have put in placecyber laws. In all these years,
despite the growing crime rate in thecyber world, only less than 25 cases have
been registered under the IT Act 2000 and no final verdict has been passed
in any of these cases asthey are now pending with various courts in the country.
Although the law came into operation on October 17, 2000, it still hasan element
of mystery around it. Not only from the perception of thecommon man, but also from the
perception of lawyers, law enforcing age ncies and even the judiciary.The prime reason
for this is the fact that the IT Act is a set of technicallaws. Another major hurdle
as they don't want to get negative publicity or worse get entangled in legal
crimes such ashacking is the fact that most of them are not in India. The IT Act doesgive
are largely inefficient. This is because India does not havereciprocit y and
extradition treaties with a large number of countries.The Indian IT Act also needs to
evolve with the rapidly changing tech nology environment that breeds new forms of
crimes andcriminals. We are now beginning to see new categories and varieties
of cybercrimes, which have not been addressed in the IT Act. Thisincludes cyber
like. Though Section 67 of the InformationT echnology Act, 2000 provides for
any material whic h is obscene in electronic form with imprison ment for a
term which may extend to two years and with fine which may extend totwenty five
thousand rupees on first convection and in the event of second may extend to
five years and also with fine which may extend tofifty thousand rupees, it does not expressly
talk of cyber defamation.T he above provision chiefly aim at curbing the increasing
number of child pornography cases and does not encompass other crimes
cyberdefamati on.
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