Friday, October 11, 2019
Editing and Conclusion
Examine this conclusion paragraph. Work to create a better conclusion using the strategies you reviewed in your readings and the ââ¬Å"How to Concludeâ⬠handout. Donââ¬â¢t forget to also edit and proofread the paragraph for other kinds of writing mistakes. As my report states, you will not always youââ¬â¢re entire life have to devote yourselves to cleening up the enviroment in order to make a differance to the World. Therefore, we should all put more enargy in to re cycling.Its made a difference in my house because we useto have more trash then we do now since we re cycle. Also, seperating is good. I hope you enjoyed reading my paper on re cycling. THE END ðŸâ¢â To sum it all up, there are more than a million ways to make a lasting change in the world. From the littlest effort of picking up my own trash to the more serious act of initiating garbage disposal in my own community.This does not require one to devote one's whole life to a single cause rather to be aware a nd do a little something to alleviate the effects of the problem. Thus, I believe that we should put more energy into recycling materials especially those that can be made into something useful or as a source of income. Recycling has made quite a difference in my household and I hope that it can do the same thing for most people.
Thursday, October 10, 2019
SWOT analysis
This resulted in Telephone Interpretation being offered since that year. This service connects trained Interpreters via telephone to Limited English Proficient (LEAP) Individuals. Curaà §ao International Is one of those companies that provide critical translation and interpretation services. Worked full time there as an interpreter, which is a chance to gain some insight about the company's workplace as well as into the language service. Let's have a look back at history of the company and perform a SOOT analysis.HISTORY According to the company's homepage, Kevin J. Carrey and Mark Myers patented the first dual-handset phone and founded the company In Tucson, Arizona since 1995, which they named Severer. Three years later, the company's name was changed into Curaà §ao International with Jeremy Woman being Chairman and CEO. It created a subsidiary, Viviane, In 2009, there were 2 big events to the company. It first announced the calculation of Language Learning Enterprises, Inc. (LEE ) and second, opened the Tucson contact center. Its Phoenix contact center was next, In 2012.Like its competitors in the industry, Curaà §ao International Inc. (mentioned here as ââ¬Å"Curaà §aoâ⬠or the ââ¬Å"companyâ⬠), is a diversified language services company, operates wrought Its two sections: Curaà §ao Is for clients In the field of healthcare: healthcare plans, clinics and hospitals, and Valance Is for bal and governments: Insurance, financial services, education, 911, utilities, telecommunications. The products include: Over-the-Phone Interpretation (POP), Video Remote Interpretation (IVR), On-site Interpretation, Document Translation, and Training and Assessment.This information is not quite accurate, at least at present. While working there in 2013 1 saw that clients had to pay $4 per minute and interpreters' received approximately $1 5 an hour ($10 for Spanish interpreters). No wonder Curaà §ao is placed within the Top 15 companies reporting an average ra te of growth of 72. 75 percent growth in 2008. (ââ¬Å"Second annual ranking,â⬠2011) Weaknesses Firstly, at Curaà §ao there is hardly a strong organization culture. It seems that the company chooses to focus on the call center side of things rather than create one.Many interpreters are misled in thinking of a company that values intelligence and language skills, when it turns out later that they hire bilingual persons to apply their protocols only. Consequently, interpreters should be content with low salaries; this bob does not require a degree. And that is at the time of interviews. Next, there are distinct departments and lines of authority, work activities are designed around individuals. In this call center, 100% of calls are recorded and monitored and employees are required to follow extensive rules and regulations and to minimize formal contact with other employees if not functionally necessary.One supervisor sits at higher booth keeping an eye on 10 Interpreters. A ma nager of each department (that handles one language) walks around examining closely to ensure there are no deviations. Indeed, this is management in the survival mode and there is no workplace spirituality. And that leads the second weakness of Curaà §ao, High Employee Turnover compared to industry averages. Current HCI recruiter, Richard Arena, is a forever busy person. During the 2 years I knew him he was present at almost every Job fair in the Valley.Not only offering both part and full time Jobs, he made recruiters of other company in the fair to point any ethnic minority Jobsharers to his booth. Not only have Richard and his HER team worked really hard, but the company has had a long time policy that any employee gets a $200 reward after successfully bringing in a new interpreter to work for Curaà §ao. Apparently, something underlies the fact that the company is ââ¬Å"Arizona fastest-growing Job creator in 2013 and second fastest in 2012 for creating over 800 Jobs in the sta teâ⬠as it claims in its homepage.Opportunities Executive Order 13166 are two out of many opportunities that the language service industry in general, and Curaà §ao in particular have encountered. Fortune Magazine views the approximately ââ¬Å"9% of people in the U. S. Who don't speak English a sizable market waiting to be tappedâ⬠(wry. Fortune. Com/addictions). They are right, as according to the U. S. Census, a foreign migrant enters the United States every 22 seconds. These people need insurance, healthcare as well as other products and servicesâ⬠¦ Hill the agents and insurance carriers need the means to explain and sell them. This partly accounts for the phenomenon that language services industry having the growth and revenue numbers that resist recession. On August 1 1, 2000, then-president Bill Clinton signed Executive Order 13166 which ââ¬Å"requires that the Federal agencies work to ensure that recipients of Federal financial assistance roved meaningful acc ess to their LEAP applicants and beneficiariesâ⬠(n. D. ).It is expected that that the total national cost of providing language assistance services to LEAP individuals could be as high as $1 to $2 billion annually (ââ¬Å"Why executive order,â⬠2011). This resulted in the domestic market alone being surprisingly robust-and growing for Curaà §ao as well as other language service companies. Threats At Curaà §ao, it's hardly spoken within the call centers, but we employees all know that Languages Solutions is our long-term and strong competitor who may represent a wreath to future market growth of Curaà §ao.Languages ââ¬Å"employs approximately 5,000 interpretersâ⬠(in compare with 1200 of Curaà §ao) (ââ¬Å"Second annual ranking,â⬠2011). It provides the same products but much bigger quantities nationwide, for example, about 90 percent of the over-the-phone interpretations for 911 emergency calls. In fact, most important governments are clients of Languages. Just go to such offices as social security, CUSCUS, DES and you'll see the logo of Languages in a poster showing that free interpretation is available. Curaà §ao has to face this to say it hoses to focus on healthcare instead. SWOT analysis This resulted in Telephone Interpretation being offered since that year. This service connects trained Interpreters via telephone to Limited English Proficient (LEAP) Individuals. Curaà §ao International Is one of those companies that provide critical translation and interpretation services. Worked full time there as an interpreter, which is a chance to gain some insight about the company's workplace as well as into the language service. Let's have a look back at history of the company and perform a SOOT analysis.HISTORY According to the company's homepage, Kevin J. Carrey and Mark Myers patented the first dual-handset phone and founded the company In Tucson, Arizona since 1995, which they named Severer. Three years later, the company's name was changed into Curaà §ao International with Jeremy Woman being Chairman and CEO. It created a subsidiary, Viviane, In 2009, there were 2 big events to the company. It first announced the calculation of Language Learning Enterprises, Inc. (LEE ) and second, opened the Tucson contact center. Its Phoenix contact center was next, In 2012.Like its competitors in the industry, Curaà §ao International Inc. (mentioned here as ââ¬Å"Curaà §aoâ⬠or the ââ¬Å"companyâ⬠), is a diversified language services company, operates wrought Its two sections: Curaà §ao Is for clients In the field of healthcare: healthcare plans, clinics and hospitals, and Valance Is for bal and governments: Insurance, financial services, education, 911, utilities, telecommunications. The products include: Over-the-Phone Interpretation (POP), Video Remote Interpretation (IVR), On-site Interpretation, Document Translation, and Training and Assessment.This information is not quite accurate, at least at present. While working there in 2013 1 saw that clients had to pay $4 per minute and interpreters' received approximately $1 5 an hour ($10 for Spanish interpreters). No wonder Curaà §ao is placed within the Top 15 companies reporting an average ra te of growth of 72. 75 percent growth in 2008. (ââ¬Å"Second annual ranking,â⬠2011) Weaknesses Firstly, at Curaà §ao there is hardly a strong organization culture. It seems that the company chooses to focus on the call center side of things rather than create one.Many interpreters are misled in thinking of a company that values intelligence and language skills, when it turns out later that they hire bilingual persons to apply their protocols only. Consequently, interpreters should be content with low salaries; this bob does not require a degree. And that is at the time of interviews. Next, there are distinct departments and lines of authority, work activities are designed around individuals. In this call center, 100% of calls are recorded and monitored and employees are required to follow extensive rules and regulations and to minimize formal contact with other employees if not functionally necessary.One supervisor sits at higher booth keeping an eye on 10 Interpreters. A ma nager of each department (that handles one language) walks around examining closely to ensure there are no deviations. Indeed, this is management in the survival mode and there is no workplace spirituality. And that leads the second weakness of Curaà §ao, High Employee Turnover compared to industry averages. Current HCI recruiter, Richard Arena, is a forever busy person. During the 2 years I knew him he was present at almost every Job fair in the Valley.Not only offering both part and full time Jobs, he made recruiters of other company in the fair to point any ethnic minority Jobsharers to his booth. Not only have Richard and his HER team worked really hard, but the company has had a long time policy that any employee gets a $200 reward after successfully bringing in a new interpreter to work for Curaà §ao. Apparently, something underlies the fact that the company is ââ¬Å"Arizona fastest-growing Job creator in 2013 and second fastest in 2012 for creating over 800 Jobs in the sta teâ⬠as it claims in its homepage.Opportunities Executive Order 13166 are two out of many opportunities that the language service industry in general, and Curaà §ao in particular have encountered. Fortune Magazine views the approximately ââ¬Å"9% of people in the U. S. Who don't speak English a sizable market waiting to be tappedâ⬠(wry. Fortune. Com/addictions). They are right, as according to the U. S. Census, a foreign migrant enters the United States every 22 seconds. These people need insurance, healthcare as well as other products and servicesâ⬠¦ Hill the agents and insurance carriers need the means to explain and sell them. This partly accounts for the phenomenon that language services industry having the growth and revenue numbers that resist recession. On August 1 1, 2000, then-president Bill Clinton signed Executive Order 13166 which ââ¬Å"requires that the Federal agencies work to ensure that recipients of Federal financial assistance roved meaningful acc ess to their LEAP applicants and beneficiariesâ⬠(n. D. ).It is expected that that the total national cost of providing language assistance services to LEAP individuals could be as high as $1 to $2 billion annually (ââ¬Å"Why executive order,â⬠2011). This resulted in the domestic market alone being surprisingly robust-and growing for Curaà §ao as well as other language service companies. Threats At Curaà §ao, it's hardly spoken within the call centers, but we employees all know that Languages Solutions is our long-term and strong competitor who may represent a wreath to future market growth of Curaà §ao.Languages ââ¬Å"employs approximately 5,000 interpretersâ⬠(in compare with 1200 of Curaà §ao) (ââ¬Å"Second annual ranking,â⬠2011). It provides the same products but much bigger quantities nationwide, for example, about 90 percent of the over-the-phone interpretations for 911 emergency calls. In fact, most important governments are clients of Languages. Just go to such offices as social security, CUSCUS, DES and you'll see the logo of Languages in a poster showing that free interpretation is available. Curaà §ao has to face this to say it hoses to focus on healthcare instead. Swot Analysis SWOT ANALYSES SWOT is an acronym for Strengths, Weaknesses, Opportunities and Threats. It is the most renowned tool for audit and analysis of the overall strategic position of the business and its environment. Strenghts * These drinks are low calorie yet tasty which is hard to find in every day drinks. * Neuro drinks are packaged in attractive bold coloured bottles which makes these drinks stand out to other bottled drinks. * The bottles in which Neuro drinks are packaged are fully recyclable.This is a big strength as people are becoming more aware of the earth and recycling. * No competitor in Irish market can compete as itââ¬â¢s totally new and different to other drinks in Ireland. There is no opposing brand with exactly the same purpose. * These drinks boost specific brain or body functions. So if a certain one of these drinks doesnââ¬â¢t suit one consumer another one will. * The company is a proud sponsor of SPIN's annual events held in Texas. * Strong, fresh ; fashionable brand identity Weaknesses Although Neuro drinks work they are only a temporary solution. So people cannot mistake them as a lifelong solution. * Neuro drinks contain caffeine which can become addictive resulting in the drink unhealthy for you. * These drinks are slightly higher price than your everyday energy/vitamin drink so families on a low budget may not be able to afford it. * We canââ¬â¢t stress enough how this drink should not be taken in place of a healthy diet. People may take it as that. It should be taken as part of a healthy diet. Neuro core benefits donââ¬â¢t fit into new trends , there are new trends to focus more on being natural, healthy ,new trends not only towards boosting body and brain but also memory ,intelligence ,lowers stress and depression accordingly RB seemsnot to be appealing to the next generation * over the past few years due to depreciation of the US dollar, American products have gained a competitive advantage in pricing; American products are l ess expensive for Irish and European consumers * Above average prices Opportunities Standard promotion and advertising will help to bring more customers attentions to these products, e. g. : Posters, surveys, sponsoring, and Articles. * We see a big opportunity for recognition through sponsorship of sports events. As one particular type of drink is made specifically to enhance and maintain sport performance. * Trust. We need out future customers to trust our drinks and us as a company. We intend to give out testers and create competitions for people to win and try our products. Hopefully a healthy image will be created of our product enough that people what to try. Potential opportunity to productline extension * The new cultural shift especially of guys towards body building and going to the gyms Threats * Companyââ¬â¢s selling drinks along the same line. (e. g. Vit water, Red bull) are a big threat. We need to ensure our campaigning is enough to gain loyal customers. * However, Irelandââ¬â¢s GDP growth has been revised upwards from 0. 6% to 1% in 2013. And the inflation rate in Ireland was recorded at 1. 20%in December of 2012 * The fact itââ¬â¢s so new is a huge threat people have little knowledge about this product
Family Law- Hindu Law
DARSHAN SINGH PATIALVI ââ¬â ADVOCATE GENERAL | Restitution Of Conjugal Rights: Criticism Revisited| Introduction:- Section 1[1] of the Hindu Marriage Act, 1955 embodies the concept ofà Restitution of Conjugal Rightsà under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouse.This section is identical to section 22 of the Special Marriage Act, 1954. [2] The provision is in slightly different wordings in the Parsi Marriage and Divorce Act, 1936, but it has been interpreted in such a manner that it has been given the same meaning as under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. However, the provision is different under the section 32 Indian Divorce Act, 1869 but efforts are being made to give it such an interpretation so as to bring it in consonance with the other l aws.The provision under Muslim law is almost the same as under the modern Hindu law, though under Muslim law and under the Parsi Marriage and Divorce Act, 1936 a suit in a civil court has to be filed and not a petition as under other laws. [3]The constitutional validity of the provision has time and again been questioned and challenged. The earliest being in 1983 before the Andhra Pradesh High Court[4] where the Hon'ble High Court held that the impugned section was unconstitutional. The Delhi High Court inà Harvinder Kaur v Harminder Singh,[5] though had non-conforming views.Ultimately Supreme Court inà Saroj Rani v. Sudharshan,[6] gave a judgment which was in line with the Delhi High Court[7] views and upheld the constitutional validity of the section 9 and over-ruled the decision given inà T. Sareetha v. T. Venkatasubbaiah. [8]It is a sad commentary that despite various courts including the Apex Court of the Country upholding the validity of section 9. Many jurists still hav e doubts with respect to the soundness of this section and demand its abolishment.Abolitionist's View The abolitionists argue that it is a remedy that was unknown to Hindu law till the British introduced it in the name of social reforms. Even when the Hindu Marriage Act, 1955 was being passed in the Parliament, there were voices of scepticism regarding the efficacy of this remedy. [9] Sir J. Hannen inà Russell v. Russell[10] also vehemently opposed the remedy. Further, they are of the view any law that forces any person to live with another person is contrary to the value of the society.The remedy openly violates the fundamental right to life, privacy and equality hence is unconstitutional. Further more, there is frequently insincerity in the petitioner's intention. The remedy is blatantly misused to achieve ulterior purposes other than reconciliation, the root cause being S. 13 (1-A)(ii) of the Hindu Marriage Act, 1955 and has created an additional ground of divorce. Yet another major problem with restitution petitions is that it is used as a defence for maintenance suits. This remedy has been repeatedly misused, abused and exploited. 11]Adding more, the procedure prescribed to enforce this decree under Order 21 Rule 32 of Civil Procedure Code, 1908 is also criticized on the ground that in India, where most of the population and especially women (wife) do not have actual possession over any property. In such cases, if a restitution decree is not complied with, then the court is required to ascertain the share of the wife in the property of her husband, when it is not divided and arrive at her share in the property, but this involves cumbersome procedures.Difficulty also arises if the husband does not have a property in his name. Further, it is not correct to think that coercing a person that his property would be attached and sold away can change the attitude of the adamant spouse and make him obey the decree. Counter View However, in my opinion, section 9 of the Hindu Marriage Act is one of the most misunderstood sections of the Matrimonial law. Despite the controversy it has continuously been upheld by the Judiciary.Even the legislature through various committees and its reports has supported this section. All the reasons so stated by abolitionists can be easily encountered if this socially benefiting section is read in the right light and its essence is understood. It is imperative that a clear understanding of the section 9 is required because it is often invoked. First of all, it cannot be said that the concept of conjugal rights and that its embodiment in section 9 is foreign to the Indian culture and society.It may be borne in mind that conjugal rights. Such a right is inherent in the very institution of marriage itself. [12] The only thing is new is the embodiment of this concept which has been prevailing since antiquity. The prime objective of section 9 is to preserve the marriage. [13] According to the Hindu Marriage Act mar riage is a civil contract and a religious ceremony. [14] It is a contract of the greatest importance in civil institutions, and it is charged with a vast variety of rights and obligation,[15] cohabitation being one of them.It is the very soul of marriage and this section enforces the right of cohabitation. If there is no reasonable ground for living apart, the court orders for cohabitation and enforces the Contract there is nothing wrong as the parties had voluntarily stipulated this at the time of entering into the marriage bond. [16]Section 9, in actuality, is a means of saving the marriage, it is in a sense an extension of sub-sections (2) and (3) of section 23 of the Act which encourage reconciliation by the court.It is the policy of the Act that the parties should live together and assist in the maintenance of marriages. [17] By enforcing cohabitation, the court is serving this purpose of the Act. Further, it is criticized on the ground that it allows the withdrawing spouse to take an advantage of his own wrong, which is against the scheme of section 23 and allows him/her to apply for a decree in case of non consummation of the marriage within one year of passing of decree. However inà Dharmendra Kumar v.Usha Kumari,[18] the Hon'ble Court clearly stated that The expression ââ¬Å"in order to be aà ââ¬Ëwrongâ⬠à within the meaning of section 23(1) (a) the conduct alleged has to be something more than mere disinclination to agree to an offer of reunion, it must be misconduct serious enough to justify denial of the relief to which the husband or the wife is otherwise entitled to. [19]It is also often claimed to be gender discriminatory and violative of Article 14. T. Sareetha case[20] confirmed this view. It is obvious that the judge considered the entire question of restitution from the point of view of the woman.It seems that it has been overlooked that restitution of conjugal rights can also be claimed by the wife. It is relevant to state tha t the section is gender neutral as by the Amending Act 44 of 1964 either party to a marriage has been allowed to present a petition for divorce on the ground given in section 13(1-A). Even the party found guilty in restitution proceedings is entitled to petition for divorce under section 13 (1-A)(ii). There is complete equality of sexes here and equal protection of the laws. [21] Therefore this claim of abolitionist is incorrect.Section 9 is also criticized for being an instrument of forced sexual relation and hence being violative of right to privacy guaranteed under Article 21. But much contrary is its purpose. The remedy of restitution aims at cohabitation and consortium and not merely at sexual intercourse. [22] Inà Halsbury's Laws of England[23]à it is observed: (cohabitation) aces not necessarily mean serial intercourse, which the court cannot enforce, so that refusal of sexual intercourse by itself does not constitute refusal to cohabit. [24] In support of this propositio n the high authority of Lord Stowell inà Forster v. Forster,[25]à Orme v. Orme, [26] andà Rowe v. Rowe[27] may be cited. One thing is clear from Lord Stowell's decision inà Forster v. Forster[28] and Halsbury's statement of law that the Court does not and cannot enforce sexual intercourse. In cases like T Sareetha, [29] the concept of marriage is pictured as if consists as if it consists of nothing else except sex. Chaudhary, J. ââ¬Ës over-emphasis on sex is the fundamental fallacy in his reasoning.He seems to suggest that restitution decree has only one purpose, that is, to compel the unwilling wife to ââ¬Å"have sex with the husbandâ⬠. This view was discarded long ago in as early as 1924 Sir Henry Duke President inà Jackson v. Jackson. [30]To say that restitution decree ââ¬Å"subject a person by the long arm of the to a positive sex actâ⬠is to take the grossest view of the marriage institution. [31]Therefore, it is fallacy to hold that the restitution of conjugal rights constituted ââ¬Å"the starkest form of governmental invasionâ⬠of ââ¬Å"marital privacyâ⬠. 32] Further, applying the standard that law has to be just, fair and reasonable as enunciated inManeka Gandhi,[33] section 9 said tries to bring the parties together. Whether to grant restitution decree would be just, fair and reasonable in the facts and circumstances of a given case is left to the court to be decided in its judicial discretion. What better guarantee can the law afford for the ââ¬Å"inviolability of the body and mindâ⬠of the wife and her ââ¬Å"marital privacyâ⬠[34] And therefore it can be safely stated that section 9 is not violative of Article 21.It also stated by critique that restitution decree serve as a stepping stone to divorce and is condemned to be a passage or passport to divorce. The reason behind the scheme of putting non consummation of marriage after one year of passing the decree of restitution of conjugal rights under sec tion 13 of the Act is that the Indian Legislature believes that there should not be a sudden break of the marriage tie. It believes in reconciliation and that that cooling-off period is not only desirable but essential. If the marriage cannot be saved even after passing the decree of restitution it must be dissolved.A factual separation gives an easily justifiable indication of breakdown. [35] That is, under the Act it serves a double purpose. It first finds the fault and where it lies. Secondly it leads to the dissolution of the marriage, if there is no resumption of cohabitation. Further, recognizing non-consumption of marriage after 1 year of passing of Restitution Decree as a ground of divorce enables the aggrieved spouse to apply to the court for maintenance under section 25; and maintenance pendente lite may also be claimed by making out a case for the same as provided in section 24.This enables a wife, who does not desire disruption of the marriage or even judicial separation from the husband, to secure provision for her support by an order of the court under the matrimonial jurisdiction conferred on it, instead of filing a suit for maintenance under the law relating to maintenance now embodied in the Hindu Adoptions and Maintenance Act 1956. [36]People who are against the concept of restitution of conjugal rights argue that England which is the nation of origin of the concept has deleted this remedy from its legislation and India is still continuing it.The Law Commission, in their Fifty-ninth Report have- not recommended its abolition nor in their Seventy-First Report of 1978. The Commission was aware that it had been abolished in England under section 20 of the Matrimonial Proceedings Act 1970. However, it is germane to state that retaining this section all these years is not without reason. The truth is that the legislature has not accepted the breakdown theory in toto, as has been accepted in England. [37] Adding on, a recent writer[38] has suggeste d that ââ¬Å"the opinion of Derrett is more realistic and that the Hindu society is not mature enough to do away with the remedy.Its abolition would be like throwing away the baby with the bath-water. ââ¬Å"[39]It is also argued that the methodology adopted in execution of the decree as mentioned in the Code- of Civil Procedure (0-21 Rules 32 and 33) is erroneous as it provides for financial sanction in case of non fulfillment of this decree. It is to be remembered that marriage is also contractual in nature. Providing for a financial sanction in case of non fulfillment of contractual obligation is a common practice. Also that enforcement by attachment of property is provided by court where the disobedience to such a decree is willful i. e. s deliberate, in spite of the opportunities and there are no other impediments. 0 21, Rules 31 and 32 C. P. C. provide only a financial sanction to serve as an inducement by the court to effectuate restitution and serve a social purpose i. e. p revention of the break-up of the marriage. [40]Often the case ofà Russel v. Russel[41] is quoted by abolitionist, however the bigger picture as to why Lord Herschell called this remedy as barbarous is not brought in light. What he said and meant was that reasonable excuse, an essential for the decree of Restitution of Conjugal Right, was not confined only to the grounds of divorce.It can as well be ââ¬Å"something short of legal crueltyâ⬠which might constitute a reasonable excuse for refusing restitution. What was stated by him was that if the meaning of reasonable excuse was restricted to the grounds, then this remedy shall be barbarous. This is precisely what has been taken care of in India as the history of the Act would show. Section 9(2) as originally enacted provided that ââ¬Å"Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which shall not be a ground for judicial separation or for nullity of marriage or for divorce. This created considerable difficulty. The Law Commission in its Fifty-Ninth Report recommended its deletion. It is now possible for the party to plead a reasonable excuse which may not necessarily be a ground either for judicial separation or nullity or divorce. So the Act was amended and by Act No. 68 of 1976 section 9 (2) was deleted. This brought the law in conformity with the opinion of Lord Herschell. It will, therefore, appear that Lord Herschell's expression ââ¬Å"barbarousâ⬠was used in a different context. 42]Conclusion In summation, it may be stated that the grounds and arguments are baseless and they do not sufficiently prove that the Remedy of Restitution of Conjugal Rights is archaic, barbarous and violative of the basic Human Rights. It cannot be said that this remedy is unconstitutional. Section 9 has sufficient safeguards to prevent the marriage from being a tyranny. [43]In truth, it serves the social good purpose, by promoting reconciliation between the parties and mainten ance of matrimonial. It protects the society from denigrating. And all the years that it has been enforce it has efficiently played it's a role.References [1] Section 9 of the Hindu Marriage Act, 1955 reads as follows:- ââ¬Å"When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordinglyâ⬠. [2] After the Marriage Laws (Amendment) Act, 1976. [3] Paras Diwan, Law of Marriage ; Divorce, 4th Ed. p. 328. [4] T. Sareetha v. T. Venkatasubbaiah, A. I. R. 1983 A. P. 356. [5] A. I. R. 1984 Del. 66. [6] A. I. R. 1984 S. C. 1562. [7] Harvinder Kaur v Harminder Singh, A. I. R. 1984 Del. 66. [8] A. I. R. 1983 A. P. 356. [9] Jaspal S ingh, Law of Marriage and Divorce in India , (1983), p. 83. [10] (1897) AC 395. [11] A reference has been made to Mr. Prashanth S. J, Hindu Women And Restitution Of Conjugal Rights: Do We Need The Remedy [12] Kondal v. Ranganavaki, A. I. R. 1924 Mad. 49. [13] Harvinder Kaur v. Harmander Singh Choudhr, A. I. R. 1984 Del. 66. [14] Harvinder Kaur v. Harmander Singh Choudhr, A.I. R. 1984 Del. 66. [15] Linda v. Belisario (1795) 1 Hag. Con. 216(21) per Sir William Scott at pp. 30, 232. [16] Harvinder Kaur v. Harmander Singh Choudhr, A. I. R. 1984 Del. 66. [17] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [18] A. I. R. 1977 S. C. 2218. [19] Dharmendra Kumar v. Usha Kumari, A. I. R. 1977 S. C. 2218. [20] T. Sareetha v. T. Venkatasubbaiah, A. I. R. 1983 A. P. 356. [21] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [22] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [23] 12th Vol. , 3rd Ed. , p. 284. 24] A reference may be made to Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [25] (1790) I Hag. Con. 144. [26] (1924) 2 Addf 382-162 E. R. 335 [27] (1865) 34 L. J. P. M;A 111 [28] (1790) I Hag. Con. 144. [29] A. I. R. 1983 A. P. 356. [30] (1924) Probate 19 (2). [31] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [32] A reference may be made to Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [33] Mrs. Maneka Gandhi v. Union of India (UOI) and Anr, A. I. R. 1978 S. C. 597. [34] Harvinder Kaur v. Harmander Singh Choudhry, A. I.R. 1984 Del. 66. [35] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Delhi 66. [36] S. A. Desai, Mulla Hindu Law, Vol. 2, 19th Ed. , p. 60. [37] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [38] R. C. Nagpal, Modern Hindu Law, (1983), p. 110. [39] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [40] Saroj Rani v. Sudharshan Kumar Chadha, A. I. R. 1984 S. C. 1562. [41] (1897) A. C. 3 95 (16). [42] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [43] Saroj Rani v. Sudharshan Kumar Chadha, A. I. R. 1984 S. C. 1562. | |
Wednesday, October 9, 2019
Identification of managerial, financial, legal and ethical Essay - 5
Identification of managerial, financial, legal and ethical implications - Essay Example Based on such a perspective, this paper analyses the managerial, financial, legal and ethical implications associated the shortage of nurses in the industry. As already mentioned above, nurses indeed play a crucial role in the provision of healthcare services in the industry. Such an aspect is evident based on the fact that nurses usually have a direct link to patients, who are ideally the greatest stakeholders in the sector (Huber, 2006). Considering the significance of the nurses in the sector, any shortage would indeed substantively pose great challenges towards service delivery in the industry. On the managerial perspective, it is clear that the success of any organization is usually linked to the managerial capabilities. With increased shortage of nurses, the quality of service in the sector is obviously expected to deteriorate, which would then negatively affect the managerial performance of the industry (Huston, 2009). Financially, there is indeed another great challenge that the industry faces as a result of the shortage of nurses. Like in many other sectors, better finances are usually attributed to better performance as customers are in most instances attracted by quality service provisions. Based on such a perspective, it is substantively clear that with the shortage of service providers, the quality of service is likely to reduce marginally. Shortage of nurses means that the few available nurses are overwhelmed with the duties they are expected to perform thereby causing distress in their performances. Once distressed, the nurses are then unable to perform at their best, therefore, reducing the quality of services (Cowen and Moorhead, 2011). With reduced quality of service delivery, fewer individuals would be seeking for medical services from a facility that faces a shortage of the service providers, an aspect, which would affect the financial
Monday, October 7, 2019
Scientific Lab Research Paper Example | Topics and Well Written Essays - 1000 words
Scientific Lab - Research Paper Example nown B: It was likely to be Salmonella Typhimurium bacteria which is a typical nonspore-forming rods, facultative anaerobic, motile and negative, They ferment glucose and utilize citrate as carbon source and are lactose and sucrose non fermenters. These tests have been fully explored in the next section. With regards to the aim of the experiment, which is to identify unknown bacteria from mixed culture #18 using biochemical and morphological test, the two organisms identified had distinct characteristics which were looked for following laboratory tests. Normally, Gram staining is employed to differentiate 2 bacteria groups with different cell wall constituent. The method has the ability to differentiate Gram negative and Gram positive bacteria group; thus the bacterial cells are either colored red or violet. Gram positive bacteria is shown by Violet staining due to a thick layer of peptidoglycan existing in the cell wall of the bacteria, thus the crystal violet is retained by these cells on a slide. Consequently, Gram negative bacteria is shown by red staining due to a thin layer of peptidoglycan existing in the bacteria cell wall, hence crystal violet is not retained by bacterial cells. (Winn et al,2006) MacConkey Agar is used to distinguish Gram- negative, lactose-fermenting organisms from organisms that are non-fermentative .It is an inhibitory and differential medium that contains Crystal violets, bile salts, inhibitory agent and neutral red. Neutral red acts as a pH indicator. Klebsiella pneumoniae bacteria is known to be lactose fermenters hence unknown A while Salmonella Typhimurium bacteria is not lactose fermentor thus unknown B. The orinithine decarboxylase test is important for Enterobacteriaceae differentiation. (MacFaddin, 2000).Ã MR-VP broth for Methyl Red test consists of peptone, phosphate buffer and glucose. The unknown bacterium that is able to perform mixed-acid fermentation generates enough acid that overcame the broth buffering
Sunday, October 6, 2019
Cultural Issues in Public Schools Essay Example | Topics and Well Written Essays - 500 words - 1
Cultural Issues in Public Schools - Essay Example It tries to define what human beings are, by either through historically, socially, and biologically. Culture has been defined with a wide range of behavior patterns and knowledge learned and acquired by a society of people. One of the institutions that promote culture is public schools, where cultural sensitivity in public schools is attributed by mainly race, age and color. Some of the cultural conflict experienced in public schools include-role of women in family decisions as well as practices and symbol systems among cultural groups. Cultural anthropology helps us gain more understanding cultures, especially the complex setups of cultures. The discipline also assists in learning how we can help every stakeholder in a given cultural setup appreciate cultural diversities and run with the right values only as he/she discards values which cannot build such a person. Public schools are institutions where core values of a culture are acquired. Such institutions can determine oneââ¬â¢s culture through supervision of the teachers, where teachers have the responsibilities of making instructions that is cultural responsive to all students without favoring one group over the other. Mainly, people from minor culture suffers from enculturalization, where situations force him or her ascribe to the major culture (s). Such instances are evidenced as one learns another groupââ¬â¢s tongue and can communicate in it as though his/her native language. Often than not, a culture with a strong and influential power always determines the latest life style within the public school, and thus, such a culture is esteemed the benchmark. Usually, valuable cultures of minor cultures are rarely appreciated since they are rarely exposed to a point of gaining popularity. On the other hand, major cultures may override other culturesââ¬â¢ values, thereafter introducing bad cultures into minor cultures. This is mainly evidenced in the way teachers wear; lower class teachers; on the basis of
Saturday, October 5, 2019
Legal Environment Coursework 2010 Essay Example | Topics and Well Written Essays - 3500 words
Legal Environment Coursework 2010 - Essay Example g friendly and having an access to the defendant in his office, he had the opportunity to use police national computer to trace registration number of two vehicles, one on each count apparently for the purpose of his business and to get registration information about the said vehicles from the data available on line for this purpose. In one instance out of two, there was no access to data base as the vehicle for which search was made was owned by a company and not by an individual and on the other there was an activation of database as the record of the person so required was available in the data base and hence, it was seen. Mr. English, being the outsider was not authorized to access the database and the defendant in this case was accused of unauthorized use of the information contained in the database as per the provisions of aforementioned Act 1984. It is, however, established that there was no subsequent use of that data from any quarter concerned. Defendant took the plea that there was neither unauthorized use of the data in terms of the provisions of the Act 1984 nor any act in contravention of the law is committed by the defendant and hence pleaded non guilty. Court of first instance pronounced him guilty on both of the accounts whereas the court of appeal overruled the decision of trial court. In the case of R v. Dixion, defendant was charged with an offence under Data Protection Act 1984 on two accounts. First charge was that he tried to use the National police data for which he was unauthorized. Second charge was that he actually used the data for which he was not authorized. The court of first instance found him guilty on both the above mentioned instances. The defendant went into appeal against the decision and as the result of the appeal following legal questions were raised and discussed by the court. It was debated that what constitute data in terms of the Act of 1984. The language of the Act 1984 Section 1(2) describes the data as information
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