HOT TALKS

Natural versus human resources

2012-01-14T00:26:00.005-08:00

Though Pakistan is rich in mineral resources, the nation has not so far been able to benefit adequately from the nature’s bliss due to lack of vision, focused approach and the requisite resources, in particular skilled work force, necessary infrastructure and the working capital.

A cursory glance over the country’s natural resources shows that it has abundant coal reserves. Its biggest coal-field at Thar has an estimated 1.75 billion tons of lignite coal, which can reportedly generate 50,000MW of electricity and 100 million barrels of oil annually for over 400 years. In addition to Thar, the country possesses substantial coal reserves in other regions, which can also be exploited for producing energy or put to other commercial uses. But, despite all the rhetoric during the last 14-15 years, the country has not been able to mine the ‘black gold’ and exploit this nature’s gift for meeting its energy needs and save about US$15 billions which it presently spends on importing petroleum products.

No doubts, of late, the government has started works on a US$150 million pilot project to produce 100 MW electricity from Thar coal, through environmentally safe underground coal gasification (UCG) technique, and it intends to increase the electricity production from this resource to 1,000 MW with in five years. But, the government is exploiting only one block, while Thar coal-field has eight blocks and each of these needs to be exploited expeditiously.

In addition to coal, Pakistan has some 117 types of marble and granite, stretching from Las Bela (Baluchistan) to Siachin (Northern Areas), whereas our neighboring countries have less than 20 types of stones, but our current granite exports are less than the export of both China and India in this sector. This resource could be mined for marble and granite, for over 300 years, providing gainful employment to thousands of people and earning substantial amounts in foreign exchange.

Likewise, the world's second biggest gold and copper reserves at Reko Diq, in Chaghai (Baluchistan), also remain to be exploited. Spread over a vast area, according to Dr. Samar Mubarakmand, these reserves can yield gold and copper worth 1,000 billion dollars, but for one reason or the other we have not been able to benefit from these vast reserves so far.

Reko Diq copper and gold field has 20 blocks, one of which EL-5 was licensed to BHP in 1993, but that company did not give any tangible results. However, when global mining leaders Barick Gold and Antofagasta PLC fully acquired the Tethyan Copper Company, along with the exploration license for EL-5 in 2006, they made an investment of US$220 and brought the project to life. In August, 2010, this entity also submitted a bankable feasibility study to the government. However, commercial exploitation of these precious metals remains a distant dream despite lapse of 15 months and that too in a period when the country badly needs funds to bring down its huge budget deficit.

The fact that the National Mineral Policy of 1995 has not been revised so far speaks volumes about the government apathy towards this sector. Furthermore, though coal, gold, copper, zinc, marble and granite deposits were discovered long ago, Pakistan's mining and quarrying sector continues to depict a dismal picture due to lack of commitment, vision and focused approach.

For want of concerted efforts to reap windfall profits from the nature's bliss and create in the process hundred thousands of new jobs, the country’s national economy remains in tatters. Take the case of Thar coal. Despite the entire hullabaloo during the last 15 years, work on even the infrastructure projects has yet to start. No doubt, building infrastructure is both costly and time consuming, but bureaucratic wrangling is one of the major reasons for slow progress.

For instance, in 2010, the sindh government had estimated that the development of a road network, building of water supply schemes and effluent disposal facilities, lying of electricity transmission lines and provision of a railway network would cost US$1.14 billion over the next five years. However, there is a realization now that it might not be possible to raise such huge sums of money at a time when the world is facing recession. This has led to the remodeling and redesigning of several infrastructure projects.

Tariff issues for the electricity generated can also create more delays. Ironically, a Chinese group - Shenhua Group - abandoned, some four years back, after spending US$100 million on feasibility studies when the former and WAPDA could not agree on the Tariff for electricity to be produced. The group demanded 5.67 cents per kWh while WAPDA insisted that it could not be more than 5.39 cents per kWh.

As regards Reko Diq, now that the project has materialized by the efforts of a foreign investor, we are hearing unfortunate versions from supposedly responsible figures that the government should dishonor its contract with the foreign investors. It must be noted that the foreign investors in the Reko Diq project not only revived a dead project but invested into our non-existent mining sector in times of high security and economic turbulence when foreign investment had become extremely shy.

It must be kept in mind that the initiation of work on Reko Diq project can firmly place Baluchistan on the global mining map, attracting huge inflows of foreign direct investment and launching of many more projects the likes of Reko Diq. This will strengthen the national economy in general and that of Baluchistan province in particular. But this would be possible only when investment policies are fair, investor-friendly and the state contracts are fully honored.

In short, for one reason or the other, these natural resources remain to be exploited and tapped, while the people continue to face energy shortages, unemployment, inflation and poverty, and the country burdened with bulging debts, revenue shortfall, deterioration in infrastructure and worsening socio-economic conditions.

At a time, when the country is facing an economic crunch and it was unable to pay substantial amounts, running into billions of dollars, on laying the infrastructure and preparing the mines for commercial exploitation, the best course for it would be to lease out some blocks to the private sector on public-private partnership basis with conditions that the entire processing would be done in Pakistan and the mines would be handed over to the government after a fixed period of time.

Meanwhile, when our people acquire the necessary expertise and the financial position of the government eases, it may start mining some of the blocks in the coal, granite, copper and gold fields, if it can ensure efficiency and transparency in running these vital projects and these do not become a burden on the national economy like the Saindak Gold Project (when it was a public enterprise) and other state enterprises.

The Green Buzz

2011-12-11T22:58:00.000-08:00

A paradigm shift in architecture and designing to avoid our crippling dependence on fossil fuels and utilization of green technologies in buildings is desperately required.

‘Green buildings’ emerges as a buzz word throughout the world during the ongoing era of heat waves, global warming and climatic changes. Havoc seems to have been created over the decades by the non-renewable resources, as energy shortage, acid rain, global warming, pollution, and wars to control resources; such turmoil prevails around the globe by the dint of energy wastage and unsustainable lifestyles.

The scenario prevails most predominantly amongst the developing countries like Pakistan. Previously the buildings were built without thought to their negative impact on the environment. The building sector in general accounted for over 40 % of carbon dioxide emissions, which is the principal global warming gas. Buildings were liable to over 50 % of energy use and, nearly 90% of the electricity consumption.

However, now the buildings are being planned with a conservative approach to reverse the negative impacts. Green buildings are all about environment-friendly and resource efficient construction and sustainable operations. They are site specific and appropriately designed buildings, using efficient water and energy technologies, renewable, recycled and recyclable building materials, and minimize the negative impact on the natural environment.

According to a rough estimate, an average sized green building can lead to the annual emission reductions of around 1,200 pounds of nitrogen oxides, 150 pounds of particulate matter, 1,300 pounds of sulfur dioxide and, 585,000 pounds of carbon dioxide.

Incorporating green building materials and methods can ensure that sustainable buildings can build that would be healthy, non-toxic and long-lasting. Solar, wind and other renewable energy sources are our future and, instead of continuing to derive energy from non-renewable sources, we need to course correction immediately to transition to these renewable energy sources.

The current energy crisis in Pakistan is surely intolerable and calls for an urgent need to introduce and promote green ways of harnessing renewable energy, refraining from non-renewable energy sources and ultimately waging a war against temperature extremes and climate change. The implementation of comprehensive short and long-term strategies for not only overcoming the current energy crisis but also leveraging Pakistan’s abundant natural resources remains the need of the hour.

A paradigm shift in architecture and designing in order to combat our crippling dependence on fossil fuels especially in the face of skyrocketing oil and gas prices, thus shifting towards the utilization of green technologies in buildings is desperately required.

The concept of zero-energy and zero-waste buildings should be applied to modern projects in the country. Energy efficient and environment-responsive design, natural light channeling and automated ventilating systems as well as utilization of alternative energy sources should be introduced as an integral part of green buildings. Environmental friendly construction materials, proper waste management and human working environment should be kept in consideration.

Green buildings can save up to 60% of electricity in view of the current electricity shortages in the country. They can also save potable water usage by 40%. In green buildings, electricity savings are achieved through a number of initiatives. Photovoltaic (PV) panels, which convert sunlight into electricity, can provide for over 20% of the building’s electricity demand. It a building has large uncovered areas such as in large bungalows, industries, and community halls; where more PV panels can be installed, it could meet over 50% of the electricity demand. Energy savers and sensors together can save electricity demand by nearly 20%. Wind turbines convert wind energy into electricity. They can provide 10% of the building’s electricity demand. Insulation or light-colour painting or roofs and the use of plantations and trees can save about 10% of electricity. Thus, nearly 60% of electricity can be saved, if the green measures are adopted. Waste reduction rates in green buildings are typically 50 to 75%.

Four attributes are associated with green building design: Ventilation, temperature and lighting control; and day-lighting. While there would be about two % increase in construction costs of green buildings, the operation and maintenance costs would be reduced by 20%. Minimal increase in upfront costs of about two % to support green design would, on average, result in life-cycle costs – which is more than ten times the initial investment.

Luckily, there is a simple way of overcoming electricity crisis. All that is required is a change in the mindset, a rational strategic policy framework and a green building code. The government of Pakistan needs to develop green buildings code for initiating a new area of green buildings. Energy conservation measures and new lighting technology should be adopted. The campaign could be run by the relevant ministries for converting the government owned buildings to green buildings which would set the benchmarks for the private sector and motivate the general public to adopt the idea. Special technical as well as financial assistance should be extended to run this campaign.

Promoting education in this field would ensure a future generation of professionals that would design these types of eco-friendly buildings as a natural and internalized ethic, and which, subsequently, would substantially reduce building energy use without sacrificing comfort.

We are a nation of 170 million people; at an average if each one of us saves one Watt we can save 170 Mega Watts, if we replace existing incandescent, Fluorescent and Energy Savers with LEDs (Light Emitting Diodes), we can save 80% of light load resulting in a saving of 3,500 Mega Watts which is the total current shortfall. Hence the need of the hour is to develop an optimistic approach which holds “ONE WATT SAVED IS ONE WATT PRODUCED”.

Solar solution

2011-12-11T22:57:00.001-08:00

Though Pakistan is beset with an acute energy crunch, it has failed to exploit the huge hydel power resources as well as the abundant solar energy potential for the power generation purposes for years.

The resourceful but unfortunate country receives high levels of solar radiation. It is approximately 1,000 watts per square meter for most parts of the year. Global solar energy potential is estimated at 800 million megawatt while Pakistan has, according to an estimate about 100,000 MW solar energy potential, as it is the 6^th luckiest country in the world where sunrays are available extending up to 16 hours in summer.

But Arif Allaudin, the chief executive officer of the Alternately Energy Development Board (AEDB), recently said that 2.9 million MW of electricity could be produced by utilizing solar energy alone in the county.

The AEDB has signed several solar energy MoUs or contracts with different agencies for widespread use of off-grid solar technologies in Pakistan through public and private sector and for dissemination of solar energy and setting up local solar manufacturing facilities. But, the country is still far from exploiting the sun power for producing electricity that could run its factories and create millions of jobs in the country.

Instead of exploiting the solar potential, the country has opted to invest heavily in the oil-run power plants, which has burdened the national exchequer with a huge oil import bill, exposed the people of exorbitant power tariff increase and still left the power producers with a circular debt of hundreds of billions of rupees during the last few years.

A project launched by the UN Environment Programme (UNEP) in 2003 in the Indian state of Karnataka, facilitated over 18,000 applications for loans for solar panels over three years. UNEP recruited two popular banks to take part in the project as part of their priority sector lending obligation and it subsidized the loans to help decrease the interest rate. The project has been extended to other Indian states of Gujarat, Kerala and Maharashtra, and the UNEP plains to initiate similar projects in Algeria, China, Egypt, Ghana, Indonesia, Mexico, Morocco and Tunisia, but Pakistan is not included in the list.

While the World Bank and Asian Development Bank are allocating funds for solar technologies, the local banks don’t come forward to support the sector. Non-seriousness of the authorities can be judged from the fact the AEDB has yet to issue the new updated alternate energy policy. The present policy was drafted in December 2006. The draft of the new energy policy, which has been sent to the Council of Common Interest for approval, intends to help boost the growth of the domestic renewable industry by 2014. it, among other things, aims to facilitate establishment of a domestic alternate renewable energy manufacturing base in the country and promote research on the technology in the country.

Solar energy, one of the best alternate energy sources, lessens pollution, reduces global warming and does not harm the ecosystem. Beside, it is abundant in supply and it has no maintenance and operation expenses as solar cells and panels don’t require fuel (gas and oil etc.) which are getting costlier by the day. It is also convenient in places not covered by traditional grids and village electrification through solar energy has already been on the agenda of the AEDB, but there are several problems.

Solar energy generation technology is deemed costly and unaffordable for one person, but is considered within the reach when combined investment is made by a few families or the process is supported by the government and international bodies. High cost of solar system, public unawareness and banks reluctance to lend to investors is further hurting potential projects and keeping the technologies from dissemination.

Failure to establish local solar energy manufacturing units in the country has also made it comparatively costlier. And several governments companies – AEDB, Pakistan Council fro Renewable Technologies, the AEC, etc – dealing with the sector and the lengthy process of approval of solar energy projects also inhibit investors.

The facts that solar energy system can be installed with one time investment and then there is no maintenance or operating expenses, those who can afford it are coming towards the technology in great numbers.

According to a report, the country’s first on-grid solar electricity system, 180 KW each, is being built at Pakistan Engineering Council and the Planning Commission with financial help from Japan. It will not only fulfill their requirements but the surplus electricity will be sold to the Islamabad Electric Supply Company.

President Asif Ali Zardari had recently asked the concerned bodies to shift Presidency to solar power on the pattern of Planning Commission and Pakistan Engineering Council. He had also ordered that one town be converted to solar energy each year; all new development schemes should have solar streetlights and solar cookers, heat pumps, water heaters and water pumps be encouraged.

According to a report in the Guardian recently, Greece plains to sell its sun to Germany which plans to develop about 20,000 hectares of solar power parks there for exporting renewable energy to Germany. And Greece, facing a default after it secured 97 billion in rescue funds, hopes solar energy can help it out of its debt crisis.

Germany is the global leader in solar energy, but it has a lot less sun than Greece. After Japan’s Fukushima nuclear disaster, the Greece government has decided to close its nuclear reactor by 2022.

Hit worst by the ever increasing load shedding and power tariff, many people in Kyber Pakhtunkhwa are turning towards solar energy and the sale of solar panels are going up enormously in the province, and particularly in the federally and provincially administered tribal areas, where there is less pollution and high intensity sunrays that can produce more energy.

“People are turning to solar energy as load shedding, costliness of power and the rising maintenance and operation expenditures of generators have left them with no other option, “ says Wakeel Ahmad, a Peshawar based dealer of solar technology. “Solar lamps have been installed near Peshawar bus stand and these are likely to be installed on streets and roads in the city very soon.”

“Solar technology is sold in watts at Rs 250 per watt with 20 years of warranty. A normal household with daily consumption of 100 watt would thus have to spend Rs. 250,000. The family could also buy a solar panel only at Rs. 40,000 to charge its electricity based un-interrupted power supply systems to use the power later in their homes,” Ahmad adds.

Nazir Ahmad, a Swabi based dealer, says hundreds of solar energy systems are soled in the area. A WAPDA official in Dir, wishing not to be named, says peoples in difficult terrain of the district have installed even imported solar systems which has brought revolution in their lives and agriculture.

Over a million tube-wells in Pakistan are eating up billion in power subsidy and consuming an estimated 1,000-1,500 MW of power, staining the weak national grid.

According to Nazir Ahmad, a solar tube-well with 20 years guarantee can be bought for Rs. 0.9 million which pumps water non-stop from sunrise to sunset for irrigation. Solar pumps could fulfil the daily water requirements of small to medium size fish farms and communities as well.

“The government must provide incentives such as tax holidays, grants to the selected villages, some resource risk coverage, competitive tariff for solar energy and guaranteed purchase agreements from producers,” says the dealer.

Conclusion

The above article proves that the government should take necessary and important measures for the development of this sector. And instead of investing heavily in the oil-run power plants, the government should explore the abundant solar energy potential for power generation.

Contract with Pardahnashin Lady

2011-12-11T22:56:00.001-08:00

A Pardahnashin lady is one who is illiterate, ignorant and observes complete seclusion (pardah) according to the custom of her family. If a lady keeps her face covered but transacts her own business, collects rents from her tenants and deals with persons who are not members of her family, cannot be regarded as pardahnashin. There is a presumption of undue influence in a contract with a pardahnashin lady. Such lady can avoid contract on the plea of undue influence.

Example

A lady appeared before the Registrar for registration of certain documents and gave evidence in a suit. The court held that she could not be treated as a pardahnishin lady. (Shaik Ismail vs. Amir Bibi).

Burden of Proof

In case of contract with pardahnashin lady, it is the duty of the other party to prove that no undue influence was applied by him. To disprove the undue influence, the other party must satisfy the court that:

The terms and conditions of the contract were fully explained to her.

She was aware of the results of the contract.

She was free to get independent advice regarding the contract.

She gave her free consent to execute the contract.

Undue Influence

2011-12-11T22:55:00.000-08:00

Definition

The term undue influence means the unfair use of one’s superior power in order to obtain the consent of person who is in a weaker position. It is described under 1. section 16 (1 & 2).

Section. 16 (16)

It defines undue influence as, “A contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other, and uses that position to obtain an unfair advantage over the other”. It is further explained as follows:

a. Position to Dominate

In order to prove undue influence the relations existing between the parties should be such that one of them must be in a position to dominate the will of the other party. The person in a superior position may obtain the consent of other party.

Example

U, a spiritual advisor induced his follower M, to gift him his property to secure benefits in the next world. It was held that gift was obtained by undue influence as U was in a position to dominate. (Mannu Singh vs. Umadat Pandey).

b. Unfair Advantage

In order to prove undue influence, it is necessary that the party who is in a dominating position must have used his position to obtain an unfair advantage from the other party.

Example

A, having advanced money to his son B, obtains a bond for an amount greater than the sum advanced, by misuse of parental influence. A obtains unfair advantage.

2. Section 16 (2)

A person is deemed to be in a position to dominate the will of another as follows:

(1) Where he holds a real or apparent authority over the other; or

(2) Where he stands in a fiduciary relation to the other; or

(3) Where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress, e.g. old age, illiterate persons etc.

It is further explained as under:

a. Real or Apparent Authority

A person is authority can dominate the will of the person over whom the authority is held. The authority may be real or apparent. For example, the authority of an income tax officer over an assessee, police officer over an accused person.

Example

A, a police officer bought a property worth Rs. 1 Lac for Rs. 50,000 from B, an accused under his custody. Later, B sued to cancel the contract. A is a in a position to dominate the will of B.

b. Fiduciary Relation

Fiduciary relation is a relationship of mutual trust and confidence. It exists in case of father and son, guardian and minor, advocate and client, doctor and patient, religious advisor and follower, etc.

Example

An illiterate elderly woman made a deed of gift of her whole property to her nephew who managed her estate. The deed was cancelled on the ground of undue influence. (I Gariah vs. Shaikh Alie Bin Omar).

c. Mental distress

A person is said to be in distress when his mental capacityis temporarily or permanently affected. It may be due to old age, mental or physical illness, etc. such a person is easily persuaded to give consent to a contract which may be unfavorable to him.

Example

A moneylender gave a loan at 100% interest rate to a needy widow. It was held that undue influence was used and the court reduced the interest rate to 24%. (Rannee Annapurni vs. Swaminatha).

Presumption of Undue Influence

It is presumed that the dominating person has exercised undue influence in these cases: father and son, guardian and minor, doctor and patient, advocate and client, trustee and beneficiary, spiritual advisor and follower, teacher and student, master and servant.

Burden of Proof

In these cases, the burden of proof lies on the dominating person. He can disprove the presumption by arguing that;

(1)The facts were fully disclosed.

(2) The price was enough.

(3) The dominated party was in a position to receive independent advice.

(4) The dominated party gave his free consent.

No Presumption of Undue Influence

It is not presumed that the dominating person has used undue influence in these cases: Husband and wife, landlord and tenant, creditor and debtor, principal and agent, mother and daughter.

Burden of Proof

In these cases, the weaker party person will prove that undue influence has been exercised over him.

Effect of Undue Influence

The effects of undue influence are as follows :(Sec. 19A).

The agreement is voidable at the option of the party whose consent was taken by under influence.

The court may direct the aggrieved party to refund the benefit or cancel the contract.

If the aggrieved party does not cancel the contract, it remains a valid contract.

Free Consent

2011-12-11T22:54:00.000-08:00

Definition of Consent

An agreement is valid only when it is made with free consent of parties. Section 13 defines consent as, two or more persons are said to consent when they agree upon the same thing in the same sense.

Definition of Free Consent

Section 14 defines that, consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation, or mistake.

In other words, when the consent is obtained by coercion, undue influence, misrepresentation or fraud, the contract is voidable at the option of the aggrieved party. The following make the consent unfree.

Coercion

Section 15 defines, “Coercion is the committing or threat to commit, any act, forbidden by the Pakistan Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.”

The explanation to the Section says that “it is immaterial whether the Pakistan Penal Code is or is not is force in the place where the coercion is employed.”

The above definition can be analyzed as follows:

1. Commit or threat to commit

If a person commits or threats to commit any act which is forbidden by the Pakistan Penal Code to compel the other party to enter into a contract, is a contract made under coercion.

Examples

W threats to shoot M, if he does not give his house on rent. M agrees. The consent of M has been obtained by coercion.

A widow was threatened to adopt a boy otherwise her husbande’s dead body would not be allowed to be removed for cremation. She adopted the boy and later applied for cancellation of adoption. Held, that agreement was not binding. (Ranganayakamma vs. Alwarsetti).

2. Detain or threat to detain Property

If a person unlawfully detains or threatens to detain the property of another person to compel him to enter into an agreement, the agreement is voidable at the option of aggrieved party.

Examples

a. An agent refused to hand over the account books to the new agent unless the principal released him from all liabilities. The principal gave a release deed. It was held that the release deed was given under coercion. (Muthia vs. Karuppan).

b. The government threatened to seize the property of A, to recover the fine due from B, the son of A. A, paid the fine. It was held that the fine was recovered by coercion. (Bansraj vs. Secy. Of State).

3. Threat to Third Party

The threats may be directed against third persons who are near relatives of the person making the contract. Thus, a threat to injure one’s parents, child, husband, wife, brother etc may be coercion. Coercion need not be exercised only by the contracting party; it can be exercised by any person related to that party.

Examples

a. A threats to kidnap B’s son if he does not give him Rs. 2 lac. B agrees. The agreement is made by coercion.

b. A threatens to shoot B if he does not lend his house to C. B agrees. B’s consent has been obtained by coercion.

4. Enforcement of Pakistan Penal Code

It does not matter whether Pakistan Penal Code, 1860 is or is not is force in the place where the coercion is employed. If the suit is filled in Pakistan the provision of PPC will apply.

Example

A forced B to enter into an agreement, on a ship near Jeddah. B afterwards sued A for breach of contract at Karachi High Court. A had employed coercion although Pakistan Penal Code was not in force at Jeddah.

Effects of Coercion

The effect of coercion is as under: (Sec. 19 &72)

(1) The contract is voidable at the option of the party whose consent is obtained by coercion.

(2) When the aggrieved party decides to cancel the contract, he must the benefit received from the other party.

(3) The other party to whom money was paid or anything delivered under coercion must repay or return it.

(4) If the aggrieved party does not decide to cancel the contract, it remains a void contract.

Burden of Proof

The burden of proof that coercion was used lies on the party who wants to cancel the contract. He has to prove that he would not have entered into a contract, if the coercion had not been used.

Increase your Blog traffic by 30 Traffic Generation Tips

2011-12-06T01:25:00.000-08:00

Today there are a large number of websites and blogs has been created. There are created for performing different kinds of functions. But some of these get very high traffic, some get normal and some get low traffic. There, most of there owners are in search that how to increase their web traffic. They are adopting various kinds of methods to increase their blog or website traffic. But most of them fail.

I have tried in this article to share my experience and tips, of increasing blog or website traffic, with you peoples and especially my loyal visitors. By adopting these tips I am confident that you will increase your blog or website traffic up to a considerable extent.

Now, without further delay, the 30 Traffic Generation Tips are given below.

1. Sridhar Katakam
The first thing that you need is to keep track of blogs and leave comments on them. In this respect as I think the best and a good way is to keep the conversation going is to install a MyBlogLog widget and visit the blog of people visiting your site.

In this way you can increase your blog or website traffic up to considerable extent. By commenting on other blogs those bloggers will also comment on your blog posts. And in case if they are popular bloggers then the chances are more that their fans will also be diverted to your blog. And as a result you will get high blog traffic.

2. Ian Delaney
In my opinion there are nothing to create long-term traffic more than value. Consider for example writing posts with resources or explaining how things work. If you are writing about some useful topics and you’re providing some new ideas to your blog or website then automatically it will get higher traffic as compared to others that are simply coping and pasting the materials on their blogs or websites.

As I consider useful things get linked to and they get onto delicious, which is far better long-term than a digg front page. Thus if you have a blog or website and you have no new ideas in your mind, have no time to write some valuable materials for your blog as a result they will definitely decrease the blog or website traffic.

3. Scott Townsend
The third thing that you need to keep in your mind is that you should inform search engines and aggregators like Technorati (using the ping functionality) when your blog is updated, this should ensure maximum traffic coming from those sources. (You can check the List of Ping Services).

You also need to inform other top popular search engines and social media networks like facebook, twitter and the like more. You need to create account in these networks and then get more friends on facebook, and more followers on twitter, and then share your posting on these networks. As a result your friends and followers will get inform of your posts and they will visit your blog or website at least four or five times a day.

4. Kyle
The 4^th one is Simplify. You will also need to pay attention to more complex issues in your field of work. It may be a big and long publication that is hard to wade through or a concept that is hard to grasp. In simple words if you see a difficult and not understandable articles or columns you need to reference it, translate it in to more simple words and make it a shorter “for dummies” version with your own lessons learned and relevant tips.

By simplification and translating the articles to more understandable version, I have been surprised to find that the simplified post will appear before the more complex version in search results. Perhaps this is why it results in increased traffic. The other reason behind it is that people looking for more help or clarification on the subject will land on your blog. Therefore, if your blog’s or website posts are more simplified and it is in more understandable form then automatically it will divert more traffic than other blogs that have complex materials in their posts.

In final I suggest simplicity as the key element of attracting more traffic to your blog or website.

5. Grant Gerver
You also need to try to be polemic. If have visited my blog then you will also definitely seen my writing about various topics. I write obsessively about all-things from political to economy, current affairs, blogging tips, making money online and the like more. The more will be the categories on your blog, the more will be your blog traffic. If you’re writing about different issues then peoples interested in these issues will visit your blog. And as a result your blog will get high traffic. Therefore, don’t restrict your blog to one category. Write about more categories and get more blog or website traffic.

If you are writing about politics then I want to share my experience that you need to write more about the negative aspects of the politicians or politics. Because peoples are more interested to highlight the shortcomings and drawbacks of the politicians and political world that are present in them.

6. Daniel
In the 6^th tips I want to share a simple tip with you peoples that will probably boost your page views. The tip is that you need to install a translator plugin. I decided to use a paid plugin for this, but if I am not in wrong direction, there are some free ones as well. I thing the translation is not very good, because it can effect you blog’s popularity. But there are some advantages of this translation plugin. This translator plugin helps you to attract readers that are not very fluent in English.

7. Rory
The 7^th tip is that you need to submit articles to blog carnivals (http://blogcarnival.com) that are related to your niche. By submitting your article to these blog carnivals, your blog will almost always get posted. In this way your blog will must generate a large number of visitors.

8. Ramen Junkie
The Newsgroups are also very necessary for attracting blog traffic. I have always seen a spike when I posted a review to a newsgroup. Therefore, if you post an article in a newsgroup you will get a high jump of blog traffic. The main reason is that most peoples will be aware about your blog and it will help you to attract more peoples to your blog.

9. Eric Atkins
You need to create a new design for your website. You should discourage the stability in your blog or website. It will be more attractive not only to your regular readers, but you can also submit it to some CSS gallery showcase sites that feature great designs. This will give you exposure on those sites while generating a lot of traffic and backlinks from those types of sites.

When people become aware of your new designs they will inform others through backlinks in their blogs or websites. By these backlinks you will be able to get more traffic as compared to others blogs or websites.

10. Megan Taylor
The 10^th tip is that you should also participate in conversations on related blogs. Fist of all you need to start conversations on your own blog. In these conversations don’t just post about a story and leave it at that. For this reason you need to try to engage your audience, and also ask questions and call to action.

By this way people will consider and find it very interesting method. They’ll also inform other friends and family peoples to do the same job and as a result your blog or website traffic will increase.

11. Guido
In the 11^th tip I want to share an important thing and that is you need to comment on blogs, write useful content and make good friends on forums. In this way you can increase your blog traffic.

12. Brian Auer
The 12^th tip is that you must be active to generate traffic. You should posses the capability for attracting more traffic to your blog. You need to create your own ideas about how to generate and attract more traffic.

I also post comments on other blogs that are related to my blog posts or articles. I post my site link in my signature at the forums. You need to spread the word about your blog and it will certainly attract readers. If peoples find some links about your blog then they automatically be attracted to visit your blog’s posts. And if they find it valuable then they will visit it on daily basis, and will also inform others about it by words of mouth.

13. Shankar Ganesh
Just browse around MyBlogLog.com and you will surely get visitors to your blog. You need to also try to join as many communities as possible that are related to your topic. As words of mouth can play a great roll in attracting traffic to your blog or website. When in these communities some peoples become aware about your blog’s post they will share his good experience with others, and as a result your blog traffic will certainly increase.

14. Andrew Timberlake
One of the most and a great tip for generating more traffic is off-line by including your URL in all your off-line literature from business cards, letterheads, pamphlets, adverts through in-store signage if applicable. For example I even have printed my blog on my vehicle.

I think that it is the best way to increase your blog traffic. When ever peoples see your business cards, letterheads, pamphlets or adverts, there are greater chances that they will visit your blog or website. Thus it also plays a great roll in diverting a great traffic to your blog or website.

15. Cory OBrien
Read a large number of other blogs. Leave also trackbacks., and make sure that your blog is optimized for search engines. You also need to leverage social bookmarking sites like dig, both for new ideas and for traffic.

16. Jester
Write and leave comments on other blogs. If you’re already reading them, it takes just a couple of seconds to leave a message agreeing or disagreeing with the author. By commenting on other blog, don’t forget you get to leave a link to your site, and you will almost always get traffic from your comments.

17. Goerge Manty
The most important thing about attracting more traffic to your blog or website is you need to post 3-5 times a day. You need also to use ping services like pingomatic or set up wordpress to ping some of the ping services. Engage your readers. You can engage your reader by putting up polls, asking them questions; giving them quizzes, free tools, etc. Make them want to come back and tell their friends about you.

In fact this no more than but words of mouth. And I have explained it earlier in the above sentences that it plays a key roll in attracting more traffic to your blog or website.

18. Engtech
Community, community and community. In fact it is one word but it is the most important one when it comes to blogging. The only “blog metric” that makes sense is the vibrant community of readers it has. Building a community around your blog will bring you increased traffic.

But how do you start? The boilerplate response to building traffic is always “SEO, social networking sites, and commenting on blogs” but it can be simplified to “be part of a community”. The easiest way to seed your blog is with an already existing community. But the only way to do that is to be part of the community yourself.

19. Chris
Squidoo Lenses are the other good ways to generate a huge traffic for your blog or website. By using a lense, you can generate your own custom “community” of webpages, including some of the more popular pages in your “neighborhood.” Including your own webpage in such a list is a good way of generating traffic.

20. Splork
I’ve had good successful writing articles and submitting them to EzineArticles. Articles that have been written from well-researched keyword phrases and accepted by EzineArticles tend to rank very high in Google for that search term. Placing anchor text in the footer of those articles so the reader can visit my relevant website has always increased my site traffic.

21. Jen Gordon
I have received some unexpected traffic when my blog popped up on some CSS design portals like cssmania and webcreme. If you can put some time into the concept behind and design for your blog, I’d recommend submitting your site to a design portal not only for additional traffic but to build an additional community around your site.

So this is another way to increase your blog traffic to a very considerable extent. If you have some time free and you have the ability to provide your free time to these above mentioned sites for your blog or website designing then it have more chances to attract more traffic to your blog or website.

22. Kat
Recently I have gotten involved with several “MySpace-like” community sites that focus on my target audience. On these sites I have shared my opinions and thoughts in their forums, post intros to my real blog on their system blog and I’ve even created a group for my specific niche. Similarly I also have provided some useful links of my blog in these sites and shared it with my friends there. Therefore, it’s been very successful for me because it has diverted more traffic to my blog.

23. Inspirationbit
Well, obviously everyone knows that social bookmarking sites like Digg, del.icio.us, etc. bring lots of traffic. But I’m now submitting some of my articles to blogg-buzz. Basically it is a digg like site for bloggers, and I always get a good traffic from there.

By submitting your blog to these above mentioned sites you can also increase your blog traffic. Because more peoples will be aware about your blog or website, and they will often visit your blog or website for some useful materials.

24. Mark Alves
You also need to get participate in Yahoo Answers and LinkedIn Answers where you can demonstrate your expertise. You can get associated there with relevant keywords and put your URL out there.

25. Tillerman
You needs to try to be the first to write a post about the ‘Top Ten Blogs’ in your niche. The post will rank very highly in any general search for blogs in your niche and other bloggers in your niche write about the post and link to it.

By adopting such types of tactics have the ability to increase your blog or website traffic. By providing links about other blogs and website you have more chances to also get links about your blog or website on the other blog or websites. As the visitors visit their websites or blogs and they find or see the links about your blog or website they will definitely click on your blog or website, and as a result they will be attracted and diverted to your blog or website.

26. Nick
By participating in forums you have more chances and it is a great way to get loyal readers. Either link baiting people in your signature or posting great advice and tips will give you high quality traffic, which will result in return visitors.

By providing some useful information and experiences about different fields on your blog or website you can get more traffic for your blog or website. The main reason is that peoples are interested to search and read some valuable and advisable materials that can solve their daily basis problems in the most efficient way. In this way they will tell to their friends and other family members about your website or blog and as a result your blog or website traffic will increase.

27. Brandon Wood
A simple trick I’ve used to increase traffic to my blog is participating in group writing projects. In fact, that’s what I’m doing right now.

28. Alan Thomas
Don’t forgets your archives. I just posted a roundup of all interviews I did over the past fifteen (15) months. One of them generated a new link and a big traffic spike from a group of users that look like they will be loyal readers now.

29. KWiz
You also need to write something controversial in nature. I don’t think it’s good to write something controversial just for the purpose of getting traffic necessarily, especially if it’s only for that purpose and you’re being disingenuous, but it works.

30. Dennis Coughlin
The last and final tip is that you need to find the best blogs on your niche and contact the authors of this blog. You need to introduce yourself and send a link of your blog. In this way you might help them to discover your blog, read it and possibly link to it.

There is also the possibility that the blog owner will include your blog link on his own blog, and as the visitors come across they will definitely click on your blog or website link. And as a result of this link you will get a high traffic for your blog or website.

Comment your ideas about this article whether you agree with these tips or not?

Disqualified Person

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Following persons are disqualified from contracting: (Sec. 11).

1. Joint Stock Company

Joint stock company cannot enter into contract outside the powers giver, to it by its Memorandum of Association or by the provisions of the Companies Ordinance.

Example

X, Y and C makes an agreement with A to sell some property which the company is not authorized by it memorandum of association, an agreement is void.

2. Diplomatic Agent

The diplomatic agent means the staff of the diplomatic mission of a foreign country in Pakistan. No proceeding in any court shall lie against a diplomatic agent except in the following case.

Any private immovable property situated in Pakistan.

If he acts as an executor, administrator and heir as a private person.

Any professional or commercial activity exercised outside his official functions.

Example

E, a diplomat got a house on rent from M on behalf of the state to which be belongs to. M sued for recovery of arrears of rent. It was held no action could be brought against him. (Engelke vs. Musman).

3. Alien Enemy

An alien means citizen of a foreign country. An alien whose country is at peace with Pakistan is an alien friend. A contract with an alien friend is valid. An alien whose country is at war with Pakistan is an alien enemy. A contract with an alien enemy is illegal.

Example

Y contracts to buy goods from X, a citizen of India without the permission of Pakistan Government. It is illegal and void.

4. Insolvent

An insolvent cannot enter into a contract with anyone regarding his property which is in the control of official receiver. After the order of discharge, he can enter into a contract.

Example

A, an insolvent, promises to sell his car to B. The agreement is void.

5. Convict

A convict is a person who has been imprisoned by a court of law. During the period of sentence, he is incapable of entering into contract. However, he can enter into a contract while on parole or through commission. He becomes capable of making a contract when the sentence of imprisonment expires.

Example

W during imprisonment enters into an agreement with S to sell his land. The agreement is void.

Person of Unsound Mind

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bFor a valid contract, it is necessary that each party to the contract must have sound mind. (Sec.11)

Sound Mind

Section 12 defines, “A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it, and of forming a rational judgment as to its effect upon his interests. A person, who is usually of unsound mind, but occasionally of sound mind, may make a contract when his is of sound mind. A person, who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind.

It means that a person must be able to understand the nature of contract. He should be able to make a rational judgment that whether the contract is profitable or not. A person who is temporarily of unsound mind cannot make a contract during such period. However, he can make a contract when he becomes of sound mind. A person may become of unsound mind due to idiocy, insanity, drunkenness, hypnotism and old age, etc.

Examples

A, a sane man who becomes temporary insane due to drug overdose, sells his scooter to B. the agreement is void.

S agreed to sell property worth Rs. 25,000 for Rs. 7,000 only. His mother proved that he was an idiot by birth. The sale was held to be void. (Inder Singh vs. Parmeshwardhari Singh).

Effect on Agreement

An agreement by a person of unsound mind is void but he can get benefit under it. However, the person who supplies necessaries to a person of unsound mind or any one whom he is legally bound to support, can recover reasonable value of those necessaries from the property of such person. If the person of unsound mind owns no property, then the supplier cannot recover. (Sec 68).

Buren of Proof

When a person is usually of sound mind, the burden of proving that he was of unsound mind at the time of contract; lies on the person who challenges the validity of contract.

When a person is usually of unsound mind, the burden of proving that he was of sound mind at the time of contract; lies on the person who affirms it.

capacity of parties

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The contracting parties must be competent to contract. Every person is competent to contract who is of the age of majority, has sound mind, and is not disqualified from contracting by any law. A minor, person of unsound mind and person disqualified by law are incompetent to contract. (Sec.11).

Minor

Minor is a person who has not attained 18 years of age. According to Majority Act, 1875; where a guardian of minor’s person or property is appointed or court of wards take charge of minor’s property, a minor will attain the age of majority after 21 years.

Nature of Minor’s Agreements

The law regarding minor’s agreements is explained as under:

Void agreement

An agreement with minor is void. A minor is not liable to perform any act which he has promised because he does not possess the capacity to judge what is good or bad for him. He cannot be compelled to pay back the money received by him under the agreement. An agreement with a minor does not create legal rights and duties.

Examples

a. A, a minor sold his shop to B. the amount was paid to A but the sale deed could not be registered as A was minor. On a suit by B, it was held that as A was minor, so agreement was void ab-initio and the amount was not recoverable. (Shiam Lal vs. Ram Piary).

b. D, a minor mortgaged his house in favour of M to secure a loan of Rs. 20,000. D received Rs. 8,000. M filled a suit for recovery of money and sale of mortgaged property in case of default. Held that the agreement with minor was void so M cannot recover the money or sell the minor’s mortgaged property. (mohori Bibi vs. Dharmo Das Gosh).

2. Minor and Ratification

Ratification means act of confirming or approving. An agreement made by minor cannot be confirmed by him or attaining the age of majority because an agreement which is void from beginning cannot be made valid by subsequent confirmation.

Example

M, a minor borrowed some money and wrote a pro-note for it. On attaining majority M wrote a second pronote to settle the first note. It was held that the second pronote was void for want of consideration. (Suraj Narain vs Sukhu Ahir).

3. Minor and Estoppel

The rule of estoppel does not apply to a minor. It means that minor is not estopped from pleading his infancy in order to avoid a contract, even if he has entered into an agreement by falsely representing that he was of full age. In other words where minor represents fraudulently that he is of full age and induces another to enter into a contract with him, he is not bound by the contract.

Example

M, a minor fraudulently shows that he is of full age and contracts with N to sell his house. M refuses to perform the contract on the ground that he is a minor. N cannot sue M. (Sadiq Ali khan vs. Jai Kishore).

4. Minor and Repayment

A minor cannot be compelled to repay the money received by him under an agreement. If anything is recoverable from minor, out of the proceeds of the contract made by fraudulently showing that he was of full age, the court may compel the minor to return the amount to the other party when the minor himself brings a suit against the other party. But, if the property or money has been lost by minor, then he cannot be made responsible to restore.

Examples

a. M, a minor got Rs. 17,500 as advance and promised to sell the land. Later, M refused to perform the contract. The court ordered the minor to refund the amount. (Khan Gull vs. Labha Singh).

b. A minor sold a house for Rs. 50,000 showing that he is an adult. Later, he sued to cancel the sale on the ground of minority. The court ordered the minor to return the money received by him. (Jager Nath Singh vs. Lalta Prasad).

5. Minor and Necessaries

A person who supplies necessaries to a minor or anyone whom the minor is bound to support, can recover reasonable value of such goods from the property of a minor. If a minor owns no property, the supplier cannot recover the price of necessaries.

The necessary article depends upon the status and circumstances of the minor, if the minor already possesses a necessary at the time when necessary is supplied to him, the supplier cannot recover value of that necessary. (Sec.68).

Examples

a. A supplied necessary of life to B, a minor. A can recover value from B’s property.

b. A supplies necessary to the wife and children of B, a minor. A can recover expenses from B’s property.

c. A supplied a coat with diamond buttons to minor. A cannot recover the price of coat.

d. A minor purchased 11 coats. At that time he had sufficient clothes. It was held that the coats were not necessaries of life and minor was not liable to pay for them. (Nash vs. Inman).

6. Agreement on behalf of Minor

A contract made on behalf of minor by his guardian is binding on the minor. It can be enforced against the minor provided the contract is within the authority of the guardian and for benefit of the minor.

Example

A contract of sale of immovable property by the guardian of minor, for the minor’s benefit, may be enforced by either party to the contract. (Gujoba Tulsiram vs. Nilkanth).

7. Minor as Beneficiary

A minor is capable of accepting benefit. Any contract is valid which is for the benefit of a minor and under which the minor is not required to bear any obligation. The minority of one party to contract does not affect the other party’s liability.

Examples

a. A, a minor advanced some amount to B. B mortgaged his property in favour of A. A can enforce the mortgage if B does not repay the money. (Raghva Chariar vs. Srinivasa).

b. A, a minor delivered some goods under an agreement to P. P refused to make payment. The court held that minor could recover the price. (Abdul Gafar vs. Piare Lal).

8. Minor as Agent

A minor can be an agent. If a minor works as an agent, he can make his principal responsible to third parties for his acts. But he cannot be held personally liable for negligence or breach of duty.

Example

A appoints M, a minor as his agent to sell his house. M makes an agreement with B to sell A’s house. The agreement is valid.

9. Minor as Partner

A minor cannot become a partner of a firm. He can be admitted only in the benefits of the firm through his guardian with the consent of all the partners. Minor can only inspect the account of a firm but not the books. He cannot participate in the management of the firm. The minor’s liability is limited to his investment in the business.

Example

A, B, and C are partners in a firm. To make M, a minor as a partner, they make a contract with X, who is the guardian of M. M can be admitted to the benefits of firm.

10. Surety for Minor

When an adult stands surety for a minor in a contract of guarantee, the adult is liable under the contract but the minor is not answerable. The adult is responsible because there is direct contract between adult and the third party.

Example

M, a minor makes a contract with X. S stands surety for M. the contract is valid.

11. Minor as Member of Company

A minor cannot directly buy shares of a company because he is not competent to contract. If parents of a minor are shareholders in a company, the company can transfer shares in favour f a minor upon the death of parents.

Example

A holds shares in a company. He dies and leaves M, a minor as his legal representative. The company is bound to transfer the shares to M.

12. Minor and Insolvency

A minor cannot be declared insolvent. He is not personally liable even for necessaries supplied to him, only his property is liable. If he has no property payment cannot be recovered. (Sec. 68).

Example

M, a minor buys medicines from X. M has no property. M cannot be held liable for payment. He cannot be declared insolvent.

13. Contract by Minor and Adult

Where a minor and an adult jointly enter into a contract with another parson, the minor is not liable but the adult is liable.

Examples

a. M, a minor and A jointly make an agreement with X to purchase a car. The agreement is valid.

b. A minor and adult jointly agreed to pay some amount and executed a bond. The court held that adult was liable but not the minor. (Jamna Bai vs. Vasanta Rao).

14. Liability of Minor’s Parents

The parents of a minor are not liable for agreement made by a minor even if the agreement is for the purchase of necessaries. The parents are liable if the minor acts as an agent of the parents.

Example

F sends his son M, a minor to buy goods from S. M buys goods from S. F is liable for payment.

15. Minor and Negotiable Instruments

A minor can make, draw, endorse and deliver bill of exchange, promissory note and cheque to bind other parties except himself. He himself is not liable but all other parties to the instrument are liable in their respective capacities.

Examples

a. M, a minor draws a bill of exchange on A. A accepts the bill. M endorses it to C. the bill is valid.

b. X draws a bill on Y, a minor. Y accepts the bill. The bill is valid.

Unlawful Considerations and Objects

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For the valid agreement, the object and consideration of an agreement must be lawful. If the consideration or object of a contract is unlawful the agreement is illegal and therefore void.

The words ‘object’ and ‘consideration’ are different from each other. The word object means purpose. While the consideration means the price for which the promise of the other is taken. Sometimes the object of a contract may be illegal though its consideration is lawful.

Example

A takes a house from B on rent. It is lawful. If A wants to store illegal arms in the house, the agreement is unlawful due to unlawful object.

According to section 23 the consideration or object of an agreement is unlawful in the following cases

1. Forbidden by law

If the consideration or object of an agreement is forbidden by law, the agreement is unlawful and void. An act is forbidden by law:

a. When it is punishable by the Criminal Law of the country, or

b. When it is prohibited by special act of legislature.

Examples

a. B and C agree to divide the goods obtained by theft. The agreement is unlawful.

b. The sale of liquor without license is illegal and so void.

c. Agreement to sell above the price fixed by the law is illegal and void. (Sita Ram vs. Kunj Lal).

2. Defeats Provisions of Law

If the object or consideration of an agreement is of such a nature that if permitted, it would defeat the provisions of any law, it will be illegal. Such object or consideration may not be directly forbidden by law but it will indirectly violate law and so illegal.

Example

A fails to pay his loan to HBFC. A’s house is sold for recovery of debt. According to law, A is prohibited from purchasing his house. A asks B to purchase the house and transfer it back to him. The agreement is void.

3. Fraudulent

If the object or consideration of agreement is to defraud others is unlawful and so void. Where the parties agree to commit a fraud on third person, the agreement is illegal.

Examples

a. A promises to pay Rs.20, 000 to B, on B’s promise to commit fraud on C. the agreement is illegal and void.

b. A is the agent of X. A agrees to sell the land to his friend B, at a lesser price without knowledge of his principal. The agreement between A and B is void as it is fraud by A against X.

4. Involves Injury to Person or Property

If the object or consideration of agreement is to cause an injury to the person or property of another is illegal and also void. Injury means criminal or wrongful harm.

Examples

An agreement to put certain property on fire is unlawful and void.

An agreement to commit an assault or to beat a man is held unlawful and void. (Allen vs. Rescous).

5. Court regards as Immoral

if the consideration or object of an agreement is such that the court regards is as immoral, the consideration is void. Immoral means acts which are against the moral vaules and also prohibited by law.

Example

A married woman was given money to obtain divorce from her husband and then marry the lender. Woman refused to take divorce. Held, the agreement was immoral and the lender cound not recover the money. (Bai vijli vs. Hamda Nagar)

6. Court consider it against Public Policy

An agreement which is harmful for the welfare of the society or the state is against the public policy. If the court considers the object or consideration of an agreement as opposed to public policy, the agreement is unlawful.

An agreement which leads to corruption, injustice or immorality is considered to be against the public policy. The following agreements are held to be against the public policy:

Examples

a. The agreements to give money to induce a person to give false evidence.

b. The agreements to influence judges.

c. The agreements which disturb the friendly relations of the state.

d. The agreements the purpose of which is to influence over the officers of justice.

Doctrine of Privity of Contract

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Privity of contract means relationship existing between the parties who have entered into agreement. There are two consequences of the doctrine of privity of contract.

1. A person who is not a party to a contract cannot sue upon it even thouth the contract is for his benefit and he provided consideration.

Example:

X owes Rs. 1 Lac to Y. X sells his house to B for Rs. 1 Lac. And asks B to pay to Y. B fails to pay. Y cannot sue B because he is not a party to the contract.

2. A contract cannot confer rights or impose obligations arising under it on any person other than the parties to it.

Example:

Dunlop sold tyres to D, on the condition that he will not sell the tyres to the public below Dunlop’s list price. D sold tyres to S on this condition. S further sold them below the list price. It was held that the Dunlops could not sue S, as he was a stranger to the contract. (Dunlop Tyres Co. vs. Selfridges Lts).

Stranger to the Contract:

A person who is not a party to the contract is calles stranger to the contract. A stranger to the contract cannot sue because he has no privity of contract. The above rule is subject to the following exceptions:

1. Trust:

In case of trust, the beneficiary can sue to enforce his rights under the trust, though he is not a party to the contract.

Examples:

a. A transfers some property to B under trust for the benefit of M. M can enforce the agreement. (M.K. Ropai vs. John).

b. An addressee of an insured article can sue the Post Office in case of loss; because on receipt of article, the post office becomes trustee for the addressee. (Amir Ullah vs. Central Government).

Charge:

A person in whose favor, a charge on some specific immovable property has been created, may enforce it although he is a stranger to the contract.

Example:

A buys a house through HBFC. The house is under charge with HBFC. A sells the house to X without returning loan to HBFC. HBFC can sue X.

3. Family Settlements:

where provision is made for the marriage, partition of other family arrangements for the benefit of any member of a family, such member though not party to the agreements, can enforce the agreements.

Example:

On a partition of joint property, two brothers agreed to pay Rs. 300 to their mother for her manintenance. Held, she was entitled to recover. (Shuppu vs. Ammal).

4. Agent:

Where a person acts as agent for his principal, the principal can sue on a contract though he is not a party to a contract.

Example:

A appoints B as his agent to sell goods. B sells goods to X. X can sue A for defective goods though there is no direct contract between A and X.

5. Assignment:

In assignment of rights under a contract in favour of a third party voluntarily or by operation of law, the assignee can enforce the contract.

Example

A assigned his insurance policy in favour of his wife. The wife can enforce it although she is not a party to the contract.

Exceptions to Consideration

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According to law, agreement without consideration is void. Following are the agreements which are valid even without consideration.

Natural Love and Affection:

The agreement which is expressed in writing and registered under the law and is made on account of natural love and affection between the parties standing in a near relation to each other is enforceable even if there is no consideration. The contact without consideration shall be valid if following conditions are satisfied: (Sec.25)

a. The contact is in writing.

b. The contact is registered.

c. The contact is made on account of natural love and affection.

d. There must be near relation between the parties to the contact.

Examples:

a. A promises to give Rs. 1000 to B for no consideration. It is a void agreement.

b. F on account of natural love and affection promises to give his son S, Rs. 1 Lac. F puts it in writing and gets it registered. S can enforce it.

c. B sued to dispute with his wife R, promised on a registered document to pay some account. Later, B refused to pay. R sued for recovery. It was held that agreement was void because it was not based on natural love and affection.

(Rajlakhi Devi vs. Bhootnath).

2. Voluntary Compensation:

If a promise is made to compensate, wholly or in part, a person who has voluntarily done something for the promisor, is enforceable even though without consideration. In other words, a promise to pay for a past voluntarily service is binding. This is an exception to the principle that past consideration is no consideration. For this exception, the following points should be noted: (Sec 25(2))

a. The services were rendered voluntarily for the promisor.

b. The promisor must be in existence at the time the services were rendered.

c. The intention of the promisor should be to compensate the promisee.

d. The services rendered must be legal.

Examples:

a. A finds B’s purse and returns it to him. B promises to give A Rs. 500. this is a contract.

b. A saves B from drowning in the river and B promises to pay Rs. 10,000 to A. this is a valid contract.

3. Time-Barred Debt:

A debt becomes time-barred if it is not claimed for a period of three years from the date it becomes due. Where there is an agreement, made in writing and signed by the debtor to pay wholly or in part a time-barred, the agreement is valid even though it is not supported by any consideration. Such an agreement is valid if the following conditions are fulfilled. (Sec. 25(3)).

a. The debt must be time-barred.

b. The promisor himself must be liable for the debt.

c. There must be an express promise to pay a time-barred debt.

d. The promise must be in writing and signed by the debtor or his agent.

Example:

A owes B Rs. 1000, but the debt becomes barred. A signs a written promise to pay B Rs. 500 on account of the debt. It is a contract.

4. Completed Gift

A gift does not require consideration in order to be valid. Any gift actually made and possession given will be valid between the donor and the donee even though without consideration. There need not be natural love and affection or nearness of relationship between the donor and donee. The gift must be complet, and it is said to be completed when possession is given to the donees by the donor. (Sec. 25 Explanation).

Example:

A gifted a watch to B on his birthday. Later, A cannot get his watch back on the ground that there was no consideration for him.

5. Contract of Agency:

Consideration is not necessary to create an agency. Generally an agent gets commission for his services. If the agent promises to perform any act for his principle without charging any commission, the agreement is valid even without consideration. (Sec. 185).

Example:

A promises to sell B’s house on his behalf. An agreement between A and B is valid even without consideration.

6. Remission by Promisee:

When a person agrees to receive less than what is due, it is known as remission. If a creditor agrees to give up a part of his claim, there is no need of consideration for such an agreement. Similarly, an agreement to extend time for performance of a contract need not be supported by consideration. (Sec.63).

Example:

A owes B 5,000 rupees. A pays Rs. 2,000 to B and B accepts it in full satisfaction of the whole debt. The whole debt is discharged.

Essential of Valid Consideration

2011-11-28T21:10:00.001-08:00

The essentials or legal rules of a valid consideration are as under:

1. Desire of Promisor:

For a valid consideration, the act or absitinence which forms the consideration must be done at the desire of the promisor. It means that any act performed at the desire of third party or without the desire of promisor can not be a consideration. Similarly, the act done voluntarily does not create a valid consideration. The promisor need not necessarily get any benefit; the third party may also get benefit from the contract.

Examples:

a. A saved B's house from fire. B did not ask for help. A cannot demand payment for his services because he acted voluntarily.

b. B promised to pay a commission on goods sold in his market if D constructed a market in that area. Later, the collector requested D to construct the market and D constructed the market on his request. D demanded commission from B. Held, the promise was not enforceable because the market was not constructed at the desire of B.(Durga Prassad vs.Baldeo).

2. Promisee or other person:

A consideration may move from the promisee or any other person. It means a person can sue on a contract; even if the consideration for the promise moved from a third party.

Example:

A gifted property to her daughter R on the condition that she would pay certain amount annually to A's brother C. R promised to pay the amount to her uncle C. Later, R refused to pay. C sued. Held, C could recover the amount as the consideration had moved from A to C. (Chinnaya vs. Ramayya).

3. Act, Abstinence or Promise:

The consideration may be a positive or a negative act. some times a return promise also forms consideration.

a. Act:

A consideration may be an act, i.e.doing of something. In this sense, consideration is in positive form.

Example:

P agrees to construct A's house for Rs. 12 Lac. A's promise to pay Rs. 12 Lac is the consideration for P's promise of constructing the house.

b. abstinence

Abstinence means refraining from doing something. In this sense consideration is in negative form.

Example:

A promises not to sue B if B pays him additional Rs 5,000. The abstinence of A is the consideration for B’s payment.

Promise:

For a valid consideration, there must be a promise from both sides. It means that there must be a promise by one pary against the promise of other party.

Example:

A agree to sell his horse to B for Rs. 30,000. B’s promise to pay Rs. 30,000 is the consideration for A’s promise. A’s promise to sell the horse is the consideration for B’s promise.

4.Past, present or Future:

the consideration may be past, present or future. It means that consideration is an act which has been done or is in progress or is promised o be done in future.

a. Past consideration:

When the consideration is given before the formation of agreement, it is called a past consideration. It is not a valid consideration. When an act is done voluntarily without any promise for compensation, it is a past consideration and the person doing the act gets no compensation. But if promise is made to compensation a person who has rendered some services, then past consideration is a valid consideration.

Examples:

a.B found A’s lost purse and gave it to them. B cannot demand payment for his services due to past consideration.

b.A teaches B at his request in January, and in February B promises to pay A Rs. 2,000 for his services. The service of A is past consideration.

c.A lawyer gave up his practice and served s manager at the request of landlord. The landlord promised to pay pension. It was held that there was valid past consideration. (Shiv Saran vs. Kesho Prasad).

b. Present Consideration:

When consideration is given immediately by one party to another at the time of contact, it is called present consideration. The act creating the consideration is completely performed.

Example:

A sells a book to B and B pays price immediately. It is a case of present consideration.

c. Future Consideration

When the consideration on both sides is to move at a future date, it is called future consideration. It consists of promises and each promise is a consideration for the other party. In future consideration, the liability is outstanding on both sides.

Example:

X promises to deliver a car to Y after a week, and Y promises to pay the price at the time of delivery. The consideration is future.

5. Not necessarily Adequate:

It is not necessary that the consideration is equal in value to the promise. The law insists on the presence of consideration and not on its adequacy. The parties are free to decide the value of consideration. However, inadequate consideration may create a doubt about the free consent of the parties. But if the consent is proved to be free, inadequate consideration is valid.

Example:

A agrees to sell his car worth Rs. 2 lac for Rs. 50.000 and his consent is free. The contract is valid.

6. Real and Competent:

It is necessary that the consideration is real and competent. When consideration is physically impossible, illegal, uncertain or unreal, it is not a valid consideration.

a.Physically Impossible:

A promise to do something which is phiscally impossible.

Example:

A promise to put life in B’s dead brother and B promises to pay him Rs. 2 Lac.

b. Legally Impossible:

A promise to do something which is illegal.

Example:

A promises to pay Rs. 1 Lac to B on his promise to beat C.

c. Uncertain Consideration:

A promise to do something which is uncertain.

Example:

A employs B for a certain work and promises to pay a reasonable amount.

d. Ureal Consideation:

Consideration is unreal if is consist of a promise to perform a duty which a person is already responsible to perform under a law.

Example:

C was summoned to give evidence in court for G. G promised to pay some amount. G refused to pay. C sued. Held, that consideration was unreal as it was C’s duty to give evidence. (Collins vs. Godefroy).

Walls between Net and conventional TV crumbling

2011-11-24T21:10:00.002-08:00

YouTube’s new premium content push featuring the likes of Madonna and Ashton Kutcher spurred speculation that the Google-owned site is issuing a direct challenge to the television industry. That suspicion was given further credence by reports that Google is considering offering paid cable-TV services to consumers. YouTube’s initiative shows that walls between traditional television and digital video are collapsing.

It is maintained that the new normal with regard to entertainment consumption is “a steady diet of cable TV, YouTube, Hulu, Yahoo, and Amazon begin to be better integrated on various devices, the distinction between internet and television programming will become less stark. Ultimately, cable networks may begin making carriage deals with YouTube just as they would a cable provider, an expert speculated. You can visit more information by clicking here.

Google’s Schmidt blast Internet copyright bills

2011-11-24T21:10:00.000-08:00

Google Inc Executive Chairman Eric Schmidt blasted proposed legislation to tighten online copyright regulation, saying the bills would lead to censorship of the Internet.

Intended to combat the trade in pirated moves and music, the two bills would give copyright holders and law enforcement officials added powers to cut off websites and require search engines, payment collectors and others to block access.

“The solutions are draconian,” Schmidt said during an appearance at the MIT Sloan School of Management. “There’s a bill that would require (Internet service providers) to remove URLs from the Web, which is also known as censorship last time I checked.

Schmidt said content owners like Hollywood studios have a legitimate problem, since increasing trading of pirated moves threatens their revenue.

“Their business models are threatened my theft,” Schmidt said. “We don’t endorse it. Please don’t do it. If you’re doing it, stop. I hope that’s very clear.”

The legislation Schmidt opposed is called the PROTECT IP Act in the US Senate and the Stop Online Piracy Act in the US House of Representatives.

Instead, Schmidt recommended regulations based on tracing payments spent at websites offering illegal materials. The remarks followed a letter to lawmakers opposing the bills from a group of Internet companies including Google, AOL Inc, eBay Inc, Facebook, Yahoo Inc and Twitter. “We are concerned that these measures pose a serious risk to our industry’s continued track record of innovation and job creation as well as to our nation’s cybersecurity,” the companies wrote.

Half of Swedish three-year olds have been online

2011-11-24T21:09:00.001-08:00

“The internet continues to spread to younger and younger children,” according to the study on Swedish online habits, conducted by Internet infrastructure foundation.

In 2000, half of Swedish children had begun suing the Internet by the age of 13. by 2004, the beginner age had dropped to nine, by 2008, it stood at five, and this year it was down to three, according to the study.

There is also an increase n usage among younger children, the study showed, pointing out that today 19 % of four-year-olds use the Internet on a daily basis up from two percent of six-year-olds go online every day compared to five percent two years ago.

Titled “Swedes and the Internet 2011,” the 72-page study was based on telephone interviews with 2,537 people over the age of 16, including 429 parents who were asked about the Internet habits of 616 children.

It also revealed that a full 88 % of

Sweden

’s nine million inhabitants have access to the Internet and 85% have access to broadband at home.

In fact, there are more computers than people in Swedish households, which on average count 2.5 family members and an average of 2.8 computers.

Meanwhile, 81% of Swedish Internet users go online every day, and 62% of them use social networks, the study showed.

Among other revelations in the study was that illegal file-sharers are more willing to pay for music online than people who refrain from file-sharing.

Among file-sharers aged 12 to 35, 22 % paid to download songs and 30% paid for online music service subscriptions.

That compares with 14%of non-file-sharers in the same age group who paid to download songs and 20% who paid for music service subscriptions. Relaxnews.

Release your Tension!

2011-11-24T21:08:00.001-08:00

Work normally for a while. Suddenly look amazingly startled by something on the screen and crawl underneath the desk.
Ask the person next to you if they know how to tap into top-secret Pentagon files.
Bring a hammer, but don’t use it. If anyone asks why you have it, say “Just in case…” mysteriously.
Put a straw in your mouth and put your hands in your pockets. Type by hitting the keys with the straw.
Try to stick a Nintendo cartridge into the 3 ½” disc drives, when it doesn’t work, get the supervisor. 23.
When you are on an IBM and when you turn it on, ask loudly where the smiling Apple face is when you turn on one of those.
Sit and stare at the screen, biting your nails noisily. After doing this for a while, spit them out at the feet of the person next to you.
Take the keyboard and sit under the computer. Go to the lab supervisor and complain about the bad working conditions.

Protecting computers on Factory Floors

2011-11-24T21:07:00.002-08:00

With the price of stadndar computers dropping, this puts comuters in the reach of everyone. Most homes have at least one computer and one laptop, with the low cost and availability businesses are now using them to monitor and control the production on factory floors.

However we all know that the standard computer is best suited in an air conditioned office, so as soon as they are introduces to factory floors that are dusty, grimy and full of grease, problems occur, with lost records and this can result in lost production time.

To combat this, some companies either build custom offices on the factory floor at a cost of thousands to have an area that is safe and free from relevant dust contamination or they purchase special PC enclosures that offer a safe protective environment for the computer to run without being effected by any dust, dirt or fluid that is in the surrounding areas. The PC enclosures is a more affordable solution, as it can be relocated if the production line is increased or reduced, whereas the office would have to be demolished and rebuilt!

Computer enclosures are cooled depending upon the application and the extreme temperatures, there are solutions to cool and enclosure to -30 degrees and there are solutions to heat the enclosures to +60 degrees Celsius. Air conditioning units are also available, however they have moving parts than do wear out over time, there are options to maintain a ambient temperature inside the cabinet even if the external temperature range is to variable.

One solution to use in large temperature ranges, is a cooling tube, these run on compressed air and once fitted to the computer enclosure, are set to the desired internal temperature, for example 20 degree Celsius and it does not effect the hardware if the external temperature drops to -20 degrees or 140 degrees Celsius, as the internal temperature is a regular 20 degree C. these cooling tubes have no moving parts, so there is nothing to wear out and they will certainly pay for themselves. You can also visit the link by clicking here.

The down side of cloud services

2011-11-24T21:07:00.000-08:00

Cloud computing lets you store your files, pictures, music and data remotely, allowing you to access them from anywhere. It has major conveniences for corporations and individuals alike, but there are pitfalls to avoid. From network outages to hacking concerns, it’s better to be informed before you leap head-first into the cloud.

What is the cloud?

Cloud storage and cloud computing have been buzz terms in the IT industry for a while, but now consumers are catching cloud mania – and they may not even realize it. Services like Dropbox for file-sharing, Evernote for organizing your to-do lists, SkyDrive and Carbonite for storage and back up, and even Flicker for photo sharing all let you take data off of your computer and store it remotely for access from anywhere via most devices.

Problem # 1:

Staying connected:

This obvious pitfall of this Internet-based storage is what happens when you (or the company) lose access to the Internet. Large companies who make trades in cloud computing create complex redundancy systems to stay connected, but unexpected downtime has even hit many big players. While this downtime is usually resolved in 24 hours or less, a day without your data can be a nightmare for small companies and individuals on tight deadlines. For anything particularly time sensitive, it’s a good idea to keep a local copy of the data on your computer.

As for your home internet connection, if you lose access on your end, there is often a workaround. Many of these services have mobile apps for your phone or tablet that let you access your data over mobile networks. It may not be ideal, but it’s worth setting up access on your phone for this reason, even if you don’t plan to use the service on your mobile device regularly.

Hackers

2011 has truly been the year of the hack. From colleges to the

government, scores of institutions have seen data intrusions this year alone. Sony is perhaps the highest profile example of a huge hacking incident in recent memory. After hackers breached its PlayStation Network services, they gained access to a wealth of sensitive data, like names, passwords, and other personal identifying information that users had input when signing up.

The good news is that, in spite of its dangers, the cloud is probably a safer place than the average home computer. Since cloud syncing and storage systems – from file locker Dropbox to password vault LastPass – are designed with their shortcomings in mind, they’re built to be more secure than your existing home computing system. But the cloud, just like the web at large, can never be wholly sage – especially considering even the Pentagon has been infiltrated by hackers.

iCloud

In June at its World Wide Developers Conference (WWDC), Apple revealed details about iCloud, a cloud storage and syncing service that integrates closely with iTunes. iCloud is kind of virtual locker, syncing all things iOS across your Apple gadgets. iCloud is available Wednesday, as the centerpiece of iOS 5, Apple’s newest mobile operating system.

If you’re a MobileMe user, you might be in for a bit of a shake up. MobileMe is Apple’s popular subscription-based suite of online services, including address book syncing, Findme iPhone, and @me.com email linked with an Apple ID. With the coming of iOS 5, apple announced that it will do away with its MobileMe service as it stands, incorporating MobileMe’s features like calendar, contact, and mail syncing into iCloud at no cost. Beyond rolling MobileMe’s core features up under the new iCloud banner, the service will allow for app and data syncing across devices for your contacts, apps, and photos. The photos syncing features will automatically store your last 1000 photos on Apple’s servers for 30 days – a nice bit of buffer time as you sort out the pictures that matter.

Through iCloud, you’ll be able to universally access any music you’ve previously purchased on iTunes across your iPad, iPhon, and iPod touch. New downloads can automatically be pushed to each iOS device, keeping your stored media in perfect harmony. Apple is also offering the ability to sync your non-iTunes music into iCloud for a fee of $25 a year through a service called iTunes Match – or you can opt to keep your entire iTunes collection Match won’t be available with the launch of iOS 5, but will come with a smaller software update scheduled for later this month.

iCloud vs Amazon and others: Apple’s iCloud service will compete directly with two other major players in the cloud computing scene, Amazon Cloud Player – which launched first back in March – and Google Music Beta, Google’s own cloud storage and streaming service. While the latter two services beat Apple to the punch, iCloud takes a different approach with a slant toward syncing and creating a seamless experience across your Apple devices.

In contrast, Amazon Cloud Drive is more of a straightforward storage locker for your files, whereas Google Music Beta is a music-centric cloud storage service. Before you choose to commit your time (and files) to any one cloud storage service, it’s best to compare the contenders and assess your own needs (and the price!). But if your world revolves around iTunes, your iPhone, or your iPad, apple’s iCloud could be your best bet. If you’re in the market for a new Kindle Fire tablet, Amazon’s cloud offering might mesh well with your computing experience.

Security risks keep firms from the cloud

2011-11-24T21:06:00.000-08:00

A recent survey by “American Lawyer” showed that most law firms, worried about security, use cloud computing only for no critical data.

Many companies in a wide range of industries are quickly migrating to the cloud, where they’re seeing savings in both time and money. But a recent survey found that law firms are behind the cloud-computing trend, largely due to security concerns.

The study by “American Lawyer” of top law firms showed that 65% of the companies currently use some amount of cloud computing. But non-vital functions, such as litigation support, e-discovery and human resources, account for the majority of cloud usage, while more sensitive data is still being stored in-house.

Although the majority of law firms use some cloud computing, most are still keeping non-vital functions, such as document management, off the cloud due to security concerns.

Thirty five percent of respondents use cloud-based systems for email management, but just 8%use it for document management. At the ocre of this limited colud use are security concerns. Sixty-one percent of the firms cited security as the top drawback to cloud computing. Other drawbacks included limited customization options and less control over data.

Nonetheless, 77%of the law firms labeled their cloud-computing experience as ‘positive’ and noted benefits like simplified storage and maintenance, lower costs and remote access to data. Although lagging on the cloud front, the legal industry is still moving along with major technological trends. According to the survey, technology budgets at the firms average $4.7 million; that’s 7%higher than last year.

Like companies in other industries, law firms are experiencing a surge in mobile devices used by employees. All surveyed firms support Black Berry phones, and 96% support iPhones and iPads, up nearly 20% since 2010.

Additionally, 67% of the firms support Android devices, 24% more than last year.

Consumerization of IT through wider use of personal devices in the workplace has complicated data security, but CIOs say they are coping successfully because of a new generation of mobile-device management software,” the journal reported.

As security in the cloud and on mobile devices improves, law firms and other companies that manage sensitive data such as health care companies- are likely to use these technologies more often and for more critical purposes.

Ways to work faster on slow connections

2011-11-24T21:04:00.001-08:00

Ever wonder how to make your Internet connection faster or how to increase browsing speed? If you are trying to get things done, there is nothing like a slow connection to thwart your best efforts. But there are things you can do to brows faster or even when your internet connection is working slowly.

This article will show you how to increase your productivity when your connection is slow. Many of these steps are also good tips for how to increase the speed of browsing and of sending and receiving email.

(1) Send multiple files faster by compressing them. If you’re sending multiple files – for example, several files related to a single project – you can duce their combined size by using a compression utility. Compressing your files can dramatically reduce the time needed to send files online, and compressed files don’t take up as much space in your (or the recipient’s) email inbox. WinZip is one of the more common compression tools.

(2) Increase browsing speed by turning off graphics in Windows Internet Explorer. Graphics are important to web pages, but they also take time to download if you’re online. You can turn them off to speed your internet browsing. Disable them in Internet Explorer.

(3) Send email using Contact Groups (Distribution List) instead of listing each recipient separately. Messages are sent more quickly and efficiently when you’re using a Contact Group. Your company may have established procedures for creating mailing lists. If not, learn how to create and edit a Contact Group in Microsoft Outlook.

(4) Reduce email size with simple email signatures. Email signatures leave a professional stamp on your messages, but elaborate signatures that include multiple images take up a lot of unnecessary storage space in each email. Ultimately, they can slow down the time needed to send each message. Instead, create distinctive text signatures combining fonts, type sizes, and colors to make your email signature smaller and quicker to transmit and receive. Learn how to create email signatures in Microsoft Outlook.

(5) Work offline using Cached Exchange Mode in Outlook. Even if you lose your network connection, you can continue working in Microsoft Outlook if you’re using Cached Exchange Mode. With Cached Exchange Mode, a copy of your mailbox is stored on your computer. This copy provides quick access to your data and is frequently updated with mail server. If you work offline, whether by choice or due to a connection problem, your data is still available to you instantly wherever you are. Cached Exchange Mode does require you to work with a Microsoft Exchange Server email account. Brows offline by saving web pages on your computer. If you use or reference a specific webpage often, save it locally to your computer. If you lose your connection or are working on a slow connection, you’ll still be able to read and find the information you need. Save a web page on your computer.

(6) Open webpages faster by increasing your cache. If you increase the size of the temporary Internet files cache in Internet Explorer, your computer won’t have to work so hard when you revisit webpages. Many of the images will already be downloaded on your computer, decreasing the amount of time it takes on open a page.

What happens when your website is hacked?

2011-11-24T21:03:00.001-08:00

One of the basic fears of a website owner is being the victim of a vicious hack attack. However, some site owners are confident that their system will not be broken into because there is nothing in the site that could be interest to the hacker. Nothing can be farther from the truth. The internet is rife with countless possibilities. Your website can be a launching point for other attacks. Hackers could use your system as a staging-off point to carry out attacks to other computers. This may sound farfetched but this is a regular occurrence on the net. Many denials of service (DoS) attacks are executed in this manner.

How safe?

Hackers don’t leave traces of their attack on the outside. Your site may appear working normally on the surface but underneath, your system data might have been trashed, altered, copied or, at worse, deleted. Valuable data can be up for grab to the highest bidder.

Not only can your data be sold online; enterprising hackers can also sell your security leaks to other hackers, spies and cyber terrorists. Regarding the rise of cyber criminals, James Adams, Chief Executive Officer & Co-Founder of iDefense said, “so it’s basically the same old risks—thieves and rapists and pillagers in a different environment.

Damages:

A lot of damages, some irreparable, are brought about by cybercrime. It can damage your most sensitive data or even erase them. Once they hack your website, hackers can steal your credit card information and passwords. They can also access and take hold of valuable data like bank accounts, confidential files and personal records. Some cybercriminals can also hack into public utilities, like the time when hackers took control of a nationwide telephone service just to ensure they win the top prize on a phone-based game show.

Website hacking can even cause some businesses to fail. It caused some government sites to lock down temporarily or for good, giving both users and employees Denial of Service or DoS errors whenever the site is accessed. Hacked credit card and social security numbers may result in expensive legal proceedings which could lead to the company’s bankruptcy.

The cost:

The disastrous outcome of website hacking to any establishment is extensive with negative financial repercussions that may lead to closure. Once their websites are hacked, companies lose their trustworthiness and clients bring their business somewhere else.

Some companies lose tens of thousands, sometimes hundreds of thousands of dollars when their system is attacked. The real cost of damage in a company lies in the loss of business opportunity. If a large company is earning $500,000 an hour in revenue, they stand to lose the same amount for every hour they are paralyzed by a Denial of Service attack. “if you’re Cisco and you’re making $7million a day online, and you’re down for a day, you’ve lost $7 million. That’s where you start…said Richard Power, Editorial Director of the Computer Security Institute (CSI) in San Francisco.

Sadly, there is still no miracle software to keep hackers out. It will not matter how much time, money or energy you invest in fortifying your computer and website. No matter what you do, someone in the cyberspace will find the way to hack it.

The best you can do is use a service like hackersmart which will scan your site daily for malware, and email you when something wrong is found.

It is the time to say no to America

2011-11-24T21:02:00.001-08:00

As we know that the United states of America is engaged in so many Islamic countries, and fighting a cruel wars against them. For these wars they are using the name of terrorism, extremism and so many other names whatever they have chosen to use it against the Muslims countries. But it is very clear and every one can understand it very easily that the main purpose of these wars that the USA and its other allies has started, is only for occupation on the natural and other valuable resources of the Muslims countries.

As everyone knows that after the grate World War 2, the world has became polarized, and most of the polarity has went to the western world, especially the United States of America. Therefore, they have allied with other non-Muslims countries to make a powerful block against the Muslims world. In this plane they have succeeded to the most extent. With this unity they have attacked several Muslims countries of the world, but the world has seen no resistance from the Muslim countries. I am going to make it clear that the best plane of these cruel countries is that to attack the Muslim countries one by one, and occupy their resources. And they have donned it very successfully till now.

In this category, first they have attacked the Afghanistan, then Iraq, then on some tribal areas of Pakistan, and now they have attacked and occupied another Muslim country of Africa, that is Libya. First they initiated a hidden agenda in the form of protest of people from the opposition parties of this country, and then attacked them. The people of the world neither have seen and neither will see the example of such a cruelty from these western allies especially from the NATO forces that they have also killed the president of Iraq Saddam Hussain (through a fault and fraudulent court cases) and Muammar Qaddafi of Libya ( through air force attack). These NATO forces has crossed all the limits of humanity, harmony, international rules, and even they behaved like the jungle (forest's) animals. In fact these forces and especially are hungry to eat the meat of Muslim world, and they are thirsty to drink the blood of innocent Muslims peoples, who are not aware about their crimes. They don't that for what reason they are being killed, and why these meat eater animal of Muslims peoples are increasing their cruelties against them. They are asking from the international community, especially from the United Nations, International NGOs working for the welfare of all the peoples of the world, the Human Right Commission and other international organization working for and in the name of humanity that where they have went. Why are they not raising voice for the Muslims?, why they become calm when the cruel forces attacked them?, where their humanity goes? And why their voice of humanity becomes calm when this brutal army of USA and their allies attacked them? The international community needs to answer for these questions.

What is need for the Muslims countries?

The Muslims countries need to make an active block against the non-Muslim countries, but not against those non-Muslims countries that have good relations with them. And from this platform, they need to say no to the non-Muslim forces, especially the US forces. They need to make it clear that we can't agree with you in each and every point. They need to separate their direction from the US. They need to make a common force that may be called "United Army of Muslims Countries (UAMC) or United Muslim Army (UMA)." In fact this will create a very important pressure on the countries, and especially on the USA to stop them from further attacks on any other Muslim country.

Why it is necessary to say no to the USA?

In fact, it is very necessary at this stage to say no to the USA, because they are also planning in these days to start a revolution against the other Muslim country and that is Sham (Syria). They have given warning several times to them to separate from the government. And leave the government to their allies that are present among the Muslim peoples in that country. So i think that it is very important at this time to say no to the USA, and this can only be done if all of the Muslim countries of the world unit together, think together, plane together, and then act together. I think that this is the only way to protect the Muslim world, the Muslim people, and the resources of the Muslim world from these people who don't have any idea about humanity in their minds. One other thing that the Muslim peoples and the leadership of the Muslims countries need to keep in mind that it is given in very simple terms and words in the Holly Qur'an that,

"The non-Muslims can't be made friends of Muslims.

Therefore, it is very important for the leadership of the Muslim countries that to don't trust on them. This statement is given especially the Jews and Christians. Therefore, while making any contract or any type of agreement with them, we need to be aware of their fraud, because they are always trying to deceive the Muslim in each and every occasion. Making any friendship with them is nothing more than killing himself with our own knife.

Why USA started the war against the Muslim countries?

The best answer to this question is that there is several reasons behind it. But the main and important reason is, as I think and as the international newspapers and as the most popular columnist have written in their columns that Jews has a very strong control in the US economy and as a result they are also playing a very strong and a key role in the management as well as in the government. The Jews has filled the ear of US leadership against the Muslims. In the same way they are insisting the US leaders and the US army to attack on Iran, due to its Atomic program, which Iran has declared several times that it is only for the peaceful purpose and only for energy purpose. But on the other hand Israel and the Jews and their agents continuously insisting and smoothening the way that attack on Iran is the only option from preventing him from becoming an Atomic countries.

In this perspective if we see and look at the history the USA has adopted a dual policy about the atomic program of different countries. On the one hand they are equipping the India and Israel with the latest Nuclear Technologies and on the other hand they are preventing and trying their best to deprive the Iran, and all the Muslim countries from this facility. Why this formula doesn't apply to Israel and India. According to the international estimations only Israel has more than two hundred (200) atomic bombs. Similarly the USA, alone has more than 10,000 atomic bombs. What it means, can anyone who says to be the most honest person, that it is not a dual policy with the Muslim countries.

But keep in mind that when a person pressing a spring, it also coming back and pushing back their hand. Similarly as we know that every action has a reaction, these actions and reaction are equal but opposite in direction. The same rule applies here also on Muslim countries. So the cruel non-Muslim countries should wait for this reaction, it will be also equal in reaction and also will be opposite in direction. And I hope that it will respond soon, Inshallah, if they not stopped their attacks on the Muslim countries, and also not stopped their dual policy with Muslim countries.

Considerations and object

2011-11-22T10:25:00.005-08:00

Meaning and Definition:

Consideration is one of the essentials of valid contract. An agreement with out consideration is void. A consideration is what a promisor demands for his promise. An agreement is enforceable when both the parties take something and give some thing. The something given or taken is called consideration.

Poolock says, "The consideration is the price for which the promise of the other is bought and the promise thus given for value is enforceable."

Lush J defines, " A valuable consideration may consist of some right, interest, profit or benefit accruing to one party and some forbearance, detriment, loss or responsibility given, suffered or undertaken by other"

Justice Patterson defines, "The consideration means something which is of some value in the eye of law. It may be some benefit to the plaintiff or some detriment to the defendant."

Section 2(d) defines, "When at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or abstain from doing something, such act or abstinence or promise is called a consideration for the promise.:

Examples:

a. A agrees to sell his house for Rs. 10 lac to B. For A the consideration is Rs.10 lac. For B consideration is house.

b. A promises to repair B's car and B promises to pay Rs. 1 lac. The promise of one party is the consideration for the other party.

c. A promises not to sue his debtor B and B promises to pay additional 1 Lac. The abstinence of A is the consideration for B's promise to pay.

d. A promises to paint a picture for B and B promises to teach him for a month. The promise of one party is the consideration for the other.