Sunday, May 24, 2020

Case Analysis V And Union Of India And Others Essay

CHAPTER V: CASE ANALYSIS KULDEEP GANDOTRA VS UNION OF INDIA AND OTHERS The respondent no. 2 proposed an allegation against the petitioner that as he had accepted the amount which was payable to him under the Voluntary Retirement Scheme, therefore, the principle of estoppel should be applied. Therefore the petitioner is not allowed or permitted to raise a question on the order dates 13th September 1993, in acceptance of his voluntary retirement. In order to give a justified judgment for this case, reference was made to three cases so that judgment of the Supreme Court can be noted. These cases were Bank of India and Ors. v. Pale Ram Dhania, Punjab National Bank v. Virendra Kumar Goyal and Ors, Punjab and Sind Bank v. S. Ranveer Singh Bava. If the controversy is looked at deeply and the issues that are raised, there are two main questions that crop up, the first question is whether, the acceptance of the request made by the petitioner for voluntary retirement was legal and whether it was valid and what would be the effects of the immediate withdrawal of the voluntary retirement. The second question was to analyze the effect of the receipt of the payments at the end of the petitioner that was payable for the voluntary retirement under protest. In order to get answers for the first question, it was obvious to refer to the case Bank of India and Ors. v. O.P Swarnakar and Ors and to the decision of the Supreme Court in this case. In the above mentioned case, the Supreme CourtShow MoreRelatedSupreme Court Standing On Section 497 Of Ipc. This Part1374 Words   |  6 Pagesfocused on three cases which are Yusuf Abdul Aziz v The State of Bombay and Husseinbhoy Laljee, Sowmithri Vishnu v Union of India and V. Revathi v Union of India. These cases will discuss about Supreme Court standing on adultery. ï‚ § Yusuf Abdul Aziz Vs. The State of Bombay and Husseinbhoy Laljee The first important discussion regarding the constitutional validity of the section was held in the case of Yusuf Abdul Aziz v The State of Bombay and Husseinbhoy Laljee In this case, Section 497 ofRead MoreCritical Analysis of Good-bye, Montesquieu by Bruce Ackerman1454 Words   |  6 PagesCRITICAL ANALYSIS OF THE ARTICLE ‘GOOD BYE MONTESQUIEU’ INTRODUCTION:- â€Å"Power must never be trusted without a check†. The French jurist Montesquieu introduced the principle of â€Å"Separation of Power† (also known as Trias Politica) for the first time in his book L. Esprit Des Lois (Spirit of Laws) published in 1748. This doctrine mean the fact that one person or body of persons should not exerciseRead MoreAk Kraipak Vrs Union of India a Case Study1602 Words   |  7 Pages| ASSIGNMENT ON | A.K KRAIPAK vs UNION OF INDIA | (A Case Study) | | | | AN ANALYSIS OF THE CASE OF A.K KRAIPAK VS UNION OF INDIA : INTRODUCTION: Kraipak vs Union of india is regarded as an epoch making decision as it demolishes the artificial and conceptualistic distinction between administrative and quasi judicial functionRead MoreBalco Employee’s Union V. Union of India3691 Words   |  15 PagesEmployee’s Union v. Union of India – Significance in Administrative Law. BALCO Employee’s Union v. Union of India – Significance in Administrative Law I. INTRODUCTION...........................................................................................02 II. A BRIEF DESCRIPTION OF THE FACTS †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...................................03 III. A CRITICAL ANALYSIS OF THE DECISION†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦................................05 IV. IMPLICATIONS THAT FOLLOWED THE JUDGMENT †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦................08 V. CONCLUSIONRead MoreRight of Lawyers to Strike in India: Ex Captain Harish Uppal V. Union of India3867 Words   |  16 PagesCAPT. HARISH UPPAL v. UNION OF INDIA: Exceptions to the Right to Strike Table of Contents TABLE OF CASES 2 TABLE OF STATUTES 2 Introduction: 3 Research methodology: 4 What is the right to strike and why do we need it? 5 Exceptions: 6 Case review 7 Issues: 7 Analysis: 8 Conclusion 11 Bibliography 13 TABLE OF CASES CASES: 1. Communist Party of India (M) v. Bharat Kumar, (1998) 1 SCC 201, (Supreme Court of India). 2. Ex- Capt. Harish Uppal v. The Union of India, (2003) 2 SCC 45Read MoreDoctrine of Repugnancy in India2797 Words   |  12 PagesREPUGNANCY IN INDIA ABSTRACT â€Å"The distribution of powers is an essential feature of Federalism. The object for which a federal State is formed involves a division of authority between the Central Government and the State Government. The tendency of federalism is to limit on every side the action of the Government and to split up the strength of the State among co – ordinate and independent authorities are especially noticeable†. A Federal Constitution establishes a dual polity with the Union at the CenterRead MoreSIGNIFICANCE AND RELEVANCY OF DOCTRINAL RESEARCH IN MODERN LAW AND JUSTICE2473 Words   |  10 Pages List of Cases CHAPTER I: INTRODUCTION CHAPTER II: DOCTRINAL RESEARCH ïÆ'Ëœ MEANING ïÆ'Ëœ MERITS ïÆ'Ëœ DOCTRINAL RESEARCH PROCESS ïÆ'Ëœ DOCTRINAL RESEARCH- AS A METHODOLOGY CHAPTER IV: SIGNIFICANCE AND RELEVANCY OF DOCTRINAL RESEARCH IN MODERN LAW AND JUSTICE CHAPTER V: CONCLUSION BIBLIOGRAPHY INTRODUCTION Read MoreTax Federation V/S Union of India3828 Words   |  16 PagesFIRST INTERNAL ASSIGNMENT TAXATION LAW SUBMITTED BY: KONIKA JAIN PRN:15010143061 All India Federation Of Tax Practioners (Petitioner) v/s Union Of India amp; others(Respondent) 21st August 2007 (Date Of Judgement) CITATION: (2007) 7 SCC 527 AIR 2007 SC-2990 NAME OF THE JUDGES: S.H. Kapadia amp; B. Sudershan Reddy FACTS: * On 1st June 1998 finance bill was introduced in which Clause 119 of the Notes sought to substitute Sec 65 ,66 and 68 and amendRead MoreResiduary Power Art.2489736 Words   |  39 PagesResiduary Power† To which the statement of object and reasons are as follows: U.S.A is regarded as the example of true federation, whereas India has followed the Canadian model of federation and is regarded as the example of loose federation. In the words of D.D.Basu, the Constitution of India is neither purely federal nor unitary, but is a combination of both. It is a union or a composite of a novel type. It is often defined to be quasi-federal in nature. Under Indian Constitution seventh schedule has importantRead MoreDoctrine of Repugnancy2580 Words   |  11 Pagesenacting laws all over the world. With the enactment of laws by different legislative bodies all over the world, conflict of laws is an unavoidable issue. However, in this article I will mainly be focusing on the conflict of laws with regard to India. In India, there are three wings of the Government, namely, The Legislature, The Judiciary and the Executive. The legislature has the law making powers for the entire country. The legislature is further divided into the Centre and the State. Doctrine of

Thursday, May 14, 2020

William Shakespeare s King Lear - 1564 Words

William Shakespeare is universally known for his literary output both in poetry and drama. Whether through his laugh-invoking comedies or his heart-wrenching tragedies, Shakespeare’s plays have changed the course of literature. Many of his plays about love are widely praised by all, but Shakespeare s King Lear differs from the rest due to its definition of love. King Lear serves as an battleground between deception and compassion, between flattery and honesty. Rather than focusing on romantic love, such as in Romeo and Juliet, Shakespeare in King Lear explores the boundaries of filial love, a bond between a favored child and a parent, that is abused because of parental blindness and hubris. In King Lear a family is ultimately faced with choices brought on by the father, King Lear himself. Facing old age, King Lear feels compelled to separate his kingdom into three parts among his three daughters. King Lear, instead of separating his kingdom equally, proposes an idea to give t he largest portion of his kingdom to the daughter that loves him the most. His choices are framed by the Bible and its direction to honor thy father and mother and the prevailing view of women in the time, as being submissive and demure (Parent / Child Relationships.) His own vanity makes him blind to true love and instead draws him to the appearance of absolute adoration. The fact that he apparently is not capable of unconditional love, further ensures that he will make bad choices. The threeShow MoreRelatedWilliam Shakespeare s King Lear1550 Words   |  7 PagesINTRODUCTION: By facilitating the growth of evil within William Shakespeare’s King Lear, it is evident that the tragedy’s protagonist, King Lear can be held accountable for his own victimization and ultimate downfall. The most notable aspects of this self-induced victimization include Lear’s own lack of practical wisdom and divergence from the natural order, combined with the neglect of kingship, that enables Lear as a tragic hero to create the conceptual framework in which the ulterior motives ofRead MoreWilliam Shakespeare s King Lear3086 Words   |  13 PagesJerion Young Ms. Woods English IV 4 March 2015 King Lear William Shakespeare uses several literary elements in his writing, elements which are especially apparent in his play, King Lear. Shakespeare uses excellent creativity and description when writing this tragedy. â€Å"Neither has Shakespeare placed in the mouth of any other character in this play such fatalistic expressions as may be found in King Lear and occasionally elsewhere†(A.C. 2003). The way King Lear talks in this play is very evil compared toRead MoreWilliam Shakespeare s King Lear1611 Words   |  7 Pagesexperience life-changing events that jeopardize our sense of identity and make us question how we value ourselves. Our perception of our worth can change with what we learn through our existence, much like the characters in the play King Lear by William Shakespeare. Adversity and hardship are inevitable when characters are unable to connect themselves within their own identity or find a loss of self at some point in their role. The self-awareness, an essential a spect of their role, of many ofRead MoreWilliam Shakespeare s King Lear1320 Words   |  6 Pagesothers. Having strong communication skills allows one to better understand the situation at hand. Proper communication is essential to working out problems because of this reason. In the play King Lear by William Shakespeare, Lear communicating with his daughters, Gloucester communicating with his sons, and Lear communicating with Kent are all examples of failure of communication, which later lead to consequences and hardships that the characters must face. Without proper communication, people willRead MoreBlindness By William Shakespeare s King Lear2212 Words   |  9 PagesMaysoun Deeb Mr. A. T. Lebar EN4UN-04 13 July 2015 King Lear Blindness by definition, according to dictionaries, is â€Å"unable to see and lacking the sense of sight† by which King Lear, the classic tragic play written by William Shakespeare, illustrated the concept of blindness amongst his characters as the leading theme. King Lear and Gloucester were the characters that have been conflicted by this â€Å"blindness† that may or may not change their personalities in the very end of the play. Gloucester becomesRead MoreWilliam Shakespeare s King Lear1546 Words   |  7 PagesTwo Sides to Every Person There are two sides to every story; that of the protagonist and that of the antagonist. As shown in the Shakespearean play King Lear, there is very little difference between the two. Edmund, who appears to be a villain, is more than meets the eye. His evil is a rebellion against the social order that denies him legitimacy. His villainy does not come from innate cruelty but from misdirected desire for familial love. His remorse in the end displays his humanity and blindnessRead MoreWilliam Shakespeare s King Lear1510 Words   |  7 PagesShakespeare’s King Lear deals with tragic human relationship like the other tragedies of the author, but this story was written in social aspect and raises the doubtful point on legitimacy of some political systems. In this play, various characters form multi-layered kconflict relations. Thus, the story is being propelled towards tragedy due to numerous inner and outer conflicts of each character. However, as it is brought into being a charact er, Edgar in the end of the story, it implies new beginningRead MoreWilliam Shakespeare s King Lear1470 Words   |  6 Pagesduring the Elizabethan era, making it relatable to all audiences, especially the modern audience, leaving room for multiple perspectives and understanding of the play. Shakespeare’s play ‘King Lear’, depicts the main protagonist’s ‘gradual descent into madness’ as a result of the forces of evil acting in the play for Lear has, to an extent, have sinned though it can’t outweigh that he has been sinned against. This is confirmed through Lear’s injudiciousness to see through his two eldest daughter’s internalRead MoreWilliam Shakespeare s King Lear 1306 Words   |  6 Pagesâ€Å"All...shall taste the wages of their virtue...the cup of their deservings. (5.3.317-320)† King Lear is frequently regarded as one of Shakespeare’s masterpieces, and its tragic scope touches almost all facets of the human condition: from the familial tensions between parents and children to the immoral desires of power, from the follies of pride to the false projections of glory. However, one theme rings true throughout the play, and that very theme is boundless suffering, accentuated by the gruesomeRead MoreWilliam Shakespeare s King Lear858 Words   |  4 PagesEvery good story has a hero and a villain. The villain is usually considered to be evil and have evil intentions, but often has good hidden somewhere deep inside them. This is definitely the case for the character of Edmund in Shakespeare’s play â€Å"King Lear.† Edmund betrays and deceives both his brother Edgar and his father Gloucester in order to achieve wealth and power. While his actions are corrupt and wrong, he should not be considered as entirely evil. His personality and his social status are

Wednesday, May 6, 2020

Racism And The Education System Essay - 937 Words

My study displays how people from several categories have differing opinions about racists teaching in the education system. It can help determine peoples’ attitudes toward race in the schools. However, there were some of the limitations to my study. One was that I could not interview and interact with the respondents personally. I was not able to ask in depth questions as to why people felt a certain way about racist teachers. Also, I wanted to know if the respondents surveyed ever had any interaction with a teacher that was deemed to have racist attitudes towards them or a family member. It would have been nice to study the information based on location of the respondents polled. This would further help understand the attitudes people have towards race based off of geographical location. There are some behaviors that people perceive to be racist and talking with people individually would help get all of this information. I ran multiple cross-tabulations to help me in my stu dy on allowing racist teachers in the education system. These were using the independent variable allowing racist to teach and the dependent variables, education, race and sex. The cross-tabulation that was ran on education of the respondents with a high school education 47.2% compared to people with less than high school 46.1% are more in favor of allowing racists to teach. However, people with a graduate degree 62.2% are more in favor of allowing racists to teach compare to people with a collegeShow MoreRelatedEssay on Racism and White Privilege in the Education System3426 Words   |  14 Pagesof whites now believe discrimination against racial minorities no longer exists. (Gallagher, 96) Color-blindness allows a white person to define himself or herself as politically and racially tolerant and then proclaim their adherence to a belief system that does not see or judge individuals by the â€Å"color of their skin.† (Gallagher, 98) Many Caucasians in particular are of the opinion that because they listen to hip-hop or cheer for their favorite black, professional sports player that they are notRead MoreThe Problems Within The Education System989 W ords   |  4 Pages Racism unfortunately can be seen in almost all aspects of life, and the presence it has in education is detrimental to minorities during vital stages in their life. Not only does this lack of education affect obvious things such as a person s future career, but it also affects their psychology and causes them to be more likely to make poor decisions during their life. Not only do you see racism in most levels of education, but you also see it somewhat taught in the classrooms as wellRead MoreInstitutional Racism : An Excuse Or A Reality?1504 Words   |  7 Pages18 December 2014 Institutional Racism: An Excuse or a Reality? Take a step into the tragic period between the 1940s and ’60s and imagine how prevalent racism was at the time. In a historic period during the Civil Rights movement and even later, how would we portray racism within America? Was it in its beginning stages? Or had it hit its highest point? It’s commonly known that racism was at its height around these intimidating moments. However, when compared to racism in America this last decade,Read MoreInstitutional Racism And Integration Of Diverse Policies918 Words   |  4 PagesSolution #1 Understanding the History of Institutional Racism and Integration of Diverse Policies Institutional Racism (also known as Institutionalized Racism) is a system of unequal policies placed in social and political institutions based on race. The organizations are commonly comprised within government, education, and a judicial form of injustice that fails to offer the same goods and services to those of color and provides fewer opportunities within these entities of society. The term wasRead MoreProblems with Ethnicity and Race in the Classroom855 Words   |  3 PagesEDUC 1104: Ethnicity and Race remain significant problems in today’s British education system. Discuss. In today’s British education system there still are significant problems regarding ethnicity and race. The problems include the idea that specific races are not doing as well as their counterparts even though they may be taught in the same way yet there are suggestions to say that the education system is institutionally racist. Can this explain why some races do better than other races? EthnicityRead MoreCritical Race Theory And Method : Counter Storytelling843 Words   |  4 Pagesunder the educational system. In order to understand more about their experiences, the authors divided the reading into three different steps. First of all, they defined the meaning of critical race theory. This theory help provide more information about the oppressions towards the minorities within the society; after that policies can be adjusted based on individual and societal perspective. An essential quote from the article is â€Å"critical race theory in graduate education is to develop a theoreticalRead MoreAfrican Americans : A Racially Equal Society1613 Words   |  7 PagesSystemtic and Institutional Racism Margo Newkirk ENG 122: English Composition II Andrea Collins August 29, 2016 A racially equal society is one whereby individuals are not likely or more likely to receive certain benefits given that they belong to a particular racial group. This would be an ideal society given that the current American society is characterized by institutional and systemic racism. Institutional racism can be defined as institutional practices and other aspects of government suchRead MoreGrowing Up As A Latino Child1678 Words   |  7 Pagesupholding of a system of advantage based on race. Specifically, racism is a system of advantage that continues to be perpetuated in the education system through ignorance and lack of information, which is affecting society through violence and inequality. In her essay â€Å"Defining Racism: Can We Talk?,† Beverly Daniel Tatum writes about racism being a system of advantage in which white people are the superior race. Additionally, Tatum emphasizes that the perpetuation of this system is a result ofRead MoreThe Racism Of African Americans959 Words   |  4 PagesThe embedment of racism into American society has created severe disadvantages for African Americans. In addition to the negative effects of individual racism, systemic racism s crushing discrimination has devastated the African Americans in this country. Due to the horrors of systemic racism many African Americans find themselves at economic and social disadvantages. The education opportunities they encounter are far more limited than the ones White Americans do. As a result, African AmericansRead MoreRacism in the Twenty-First Century888 Words   |  4 PagesRacism in the 21st Century As the 2008 presidential election proceeded to break racial barriers in America, many people have come to believe that racism in America no longer exists since we now have a Black president. However, This could not be anything further from the truth. When many people think of racism, they think of blunt discriminatory actions made against people of color. Thoughts of segregation and the Ku Klux Klan probably come to mind when people envision what racism may look like.

Tuesday, May 5, 2020

Excavating Egypt Newsprint Essay Example For Students

Excavating Egypt Newsprint Essay This article tells of a typical working day for an archaeologist in Egypt. It tells of an experienced archaeologist named, Dr. David OConnor. He speaks of his working site, Abydos, and tells of what he has discovered since he started working on the site. In his 30 years of working there, he has uncovered 12 wooden boats, each about 60 feet long encased in 96-foot graves. He has also found the remains of an entire settlement covering about 16 acres. He annually spends up to $150,000 to pay of his fellow archaeologists and his laborers. He does receive funds from private institutions and government agencies to help support his effort in Abydos. In reading this article, I have become puzzled as to how so many people working there can split $150,000. It says that 20-25 scientists and 30-60 laborers are employed. I understand that he does receive funds from institutions, but I would not think that it would be upwards of enough money to support so many people. I have always respected archaeologists for what they do but now I have a deeper respect for Egyptian archaeologists. I do hope to visit Egypt someday though and experience what it is like firsthand. Article 2- Cosmetic Surgery Discovered on Ancient Roman Portrait Newsprint This article tells of artists in the modern day performing work on damaged ancient artifacts. It specifies on a head statue that was received as a gift by the Nelson-Atkins Museum. Scientists noticed some unusual features on the statues head and investigated it to discover that somebody had fixed it up before it was given to them. They used gamma-radiographs to find that somebody had fixed the heads broken neck with metal dowels and clamps. I found it pretty remarkable that some people may get away doing this without anybody knowing of it. It makes me wonder if some of the great artifacts that we have on display today have been tampered with and that they may not be 100% ancient. I dont see that there is anything wrong with this. Id rather look at a fixed up display than view one that has been badly damaged and is hard to make out. Article 3- Faking It: A Forgers Biography Newsprint This article tells of a modern day man, Alceo Dossena 1878-1937, and his ability to create artificial art pieces of ancient civilizations. He created sculptures in almost every style: Greek, Etruscan, Gothic and Italian Renaissance. He would sculpt them, then age them by giving them acid baths and then would proceed to bury them, allowing them to age. He was able to fool some of the greatest historians and scientists in the world. One of his art pieces was sold to a dealer who then sold it for $225,000, the highest price of any of Dossenas artworks. Dossena claimed that he did not make his art to cheat people out of their money. He then sued his dealer and won.  divided into three categories: domestic goods, tools and public art. In addition to all of the above listed, there are many other items to view at the museum. What I found interesting about this article was that the Romans had produced somewhat of an assembly line. I had no prior knowledge of anyone doing this before Henry Ford. I think that is really neat that they could create such an effect some 2000 years ago with the technology that they had.