Case analysis : Muhammad Salimmulah v. Union of India

Cas

Introduction

This Writ Petition under Article 32 of the Constitution of India is being documented, to make sure about and secure, the right against extradition, of the candidate displaced people in India, to keep with the Constitutional assurances under Article 14 and Article 21, read with Article 51(c) of the Constitution of India, which ensures against discretionary expulsion of Rohingya exiles who have taken shelter in India in the wake of getting away from their nation of origin Myanmar in light of the across the board separation, viciousness, and carnage against this network in their home State.

The applicants are enlisted and perceived by the UNHCR in India in 2016 and are conceded displaced person I-cards as per the Reuters report dated 14th August 2017, Union Minister of State for Home Affairs, Kiren Rijiju, told parliament toward the beginning of August that the focal government had guided state specialists to spot and oust illicit workers including Rohingya, who face oppression in Buddhist-dominant part Myanmar. An expected 40,000 Rohingya live in India and simply like the Petitioners numerous others, are even enlisted with the UN evacuee organization in India. The applicants present this proposed expulsion is in opposition to the Constitutional insurances of Article 14, Article 21, and Article 51(c) of the Constitution of India, which gives equivalent rights and freedom to every ‘individual’. This demonstration would even be in logical inconsistency with the guideline of ‘non-refoulment’, which has been broadly perceived as a standard of Customary International law.

Brief of the case

India’s stand on the proposed expelling of Rohingyas from India and India’s commitments to monitor the Rohingya people group under International Treaty commitments and Constitutional assurances in sync with the Reuters. Addressing a report dated 14th August 2017, Union Minister of State for Home Affairs, Kiren Rijiju, told parliament toward the beginning of August that the focal government had guided state specialists to spot and extradite illicit outsiders including Rohingya, who face abuse in Buddhist-dominant part of Myanmar. An expected 40,000 Rohingya dwell in India and simply like the Petitioners numerous others are even enlisted with the UN displaced person organization in India. UNHCR has given character cards to the candidates and around 16,500 Rohingyas in India are enlisted with UNHCR.

Mr. Rijiju said in a meeting toward the beginning of August that UNHCR enrollment was superfluous as India wasn’t a signatory to the displaced person show. “Most definitely they’re all unlawful migrants. they need no premise to gauge here. Anyone who is an unlawful transient is extradited”, the Minister is accounted for to have said. The solicitors are oppressed by the Hon’ble priests articulations and proposed requests of expulsion, that conflicts with the Constitutional assurances to displaced people in India, under Article 14 and Article 21 moreover as Article 51(c) of the Constitution that commits India to regard law, furthermore the universal guideline of non-refoulment or not sending back evacuees to a region where they face threat, which has been viewed as a segment of the standard statute. That the applicants face the peril of oppression, savagery, and gore, on the off chance that they’re expelled back to Myanmar must be agreed the assurance of the Indian State to keep with standard statute guideline of non-refoulement and Constitutional arrangements under Articles 14 and 21 that give a structure to the insurance of displaced people in India.

National Human Rights Commission notice to the Ministry of Home Affairs on proposed expelling of Rohingyas. The National Human Rights Commission (NHRC) has given notification to the Ministry of Home Affairs, taking suo moto perception of media reports concerning the plans of the govt of India to extradite around 40,000 illicit Rohingya settlers from Myanmar, who are dwelling in different pieces of India. The NHRC report dated eighteenth August 2017, states: “The Commission has seen that exiles are not any uncertainty outside nationals but rather they’re men and before making a colossal stride the govt of India must explore each part of things, keeping the reality into a center that the individuals from the Rohingya people group have crossed into India outskirts are living here for long, have a dread of abuse once they’re pushed back to their local nation. The Commission has additionally seen that the Supreme Court of India has reliably held that the fundamental Right cherished under Article 21 of the Constitution concerning Right to Life and private Liberty, applies to all or any, regardless of the reality whether they are residents of India or not”.

The solicitors are oppressed by the Hon’ble pastors’ announcements and proposed requests of expulsion, that conflicts with the Constitutional certifications to displaced people in India, under Article 14 and Article 21 just as Article 51 (c) of the Constitution that commits India to regard law, moreover as the worldwide rule of non-refoulment or not sending back outcasts to a zone where they face peril, which has been viewed as a part of standard law. That the applicants face the threat of abuse, savagery, and carnage, if they’re expelled back to Myanmar and Bar and Bench must be agreed on the assurance of the Indian State to keep with standard statute rule of non-refoulment and Constitutional arrangements under Articles 14 and 21 that give a structure to the insurance of displaced people in India.

National Human Rights Commission notice to the Ministry of Home Affairs on proposed expelling of Rohingyas The National Human Rights Commission (NHRC) has given notification to the Ministry of Home Affairs, taking suo moto comprehension of media reports concerning the plans of the govt of India to extradite around 40,000 unlawful Rohingya migrants from Myanmar, who are dwelling in different pieces of India. The NHRC discharge dated eighteenth August 2017, states: “The Commission has seen that evacuees are not any uncertainty outside nationals but rather they’re men and before making a tremendous stride the govt of India must examine each part of things, keeping the reality into a center that the individuals from the Rohingya people group have crossed into India fringes are living here for long, have a dread of mistreatment once they’re pushed back to their local country…The Commission has likewise seen that the Supreme Court of India has reliably held that the essential Right revered under Article 21 of the Constitution concerning Right to Life and private Liberty, applies to all or any, regardless of the reality whether they are residents of India or not”.

Concerned Provisions of Law

Article 14 Right to equality expresses: “The State will not deny individual correspondence under the watchful eye of the law or the equivalent security of the laws inside the region of India.” This content ensures displaced people in India the privilege of uniformity under the steady gaze of the law and equivalent treatment under the law.

Article 21 Right to life and freedom “No individual will be vacant his lifetime of individual freedom except per method set up by law” That in concurring assurance to evacuees, the Hon’ble Supreme Court has deciphered these established arrangements to build the security of the privilege to uniformity and subsequently the privilege to life and private freedom of displaced people.

Article 32 provides: (1) the option to move to the Supreme Court by fitting procedures for the requirement of the rights given by this Part is ensured. The Supreme Court will have the ability to give bearings or requests or writs, including writs inside the idea of habeas corpus, mandamus, disallowance, hearing, and certiorari, whichever could likewise be suitable, for the authorization of any of the rights gave by this Part. Without partiality to the forces on the Supreme Court by statements (1) and (2), Parliament may by law enable the other court to practice inside the neighborhood furthest reaches of its locale all or any of the forces exercisable by the Supreme Court under condition (2). The privilege ensured by this content will not be suspended except as in any case accommodated by this Constitution.

Article 51(c) of the Indian Constitution, a Directive Principle of State Policy, requires cultivating regard for law and settlement commitments inside the dealings of sorted out people groups with one another. Article 14 Right to equity expresses: “The State will not deny individual fairness under the steady gaze of the law or the equivalent security of the laws inside the region of India.” This content ensures displaced people in India the privilege to balance under the steady gaze of the law and accordingly equivalent treatment under the law. Article 21 Right to life and freedom “No individual will be unfilled his lifetime of individual freedom aside from per method set up by law” That in concurring assurance to evacuees, the Hon’ble Supreme Court has deciphered these established arrangements to build the insurance of the privilege to fairness and thusly the privilege to life and private freedom of exiles.

Grounds

The activity of Respondent 1, in looking to oust the applicants and different individuals from the Rohingya people group disregards their privileges ensured under the Constitution of India, in particular the right to fairness under article 14 and in this manner the privilege to life and private freedom under article 21. The Delhi court in Donagh Lian Kham v. Association of India, 226 (2016) DLT 208, states, “The standard of “non-refoulement”, which forbids the removal of a displaced person, who secures danger in his local nation under his race, religion, and political conclusion, is required to be taken as a piece of the assurance under Article 21 of the Constitution of India, as “non-refoulement” influences/ensure the life and freedom of someone are as a rule, regardless of his nationality.” Article 51(c), a Directive Principle of State Policy, expects India to cultivate regard for the law of countries and settlement commitments inside the dealings of composed people groups with one another, henceforth India must regard the different conventions and arrangements that give a system to evacuee insurance and stretch out such insurance to the Rohingya outcasts in India.

The solicitors are being abused in their nation of origin. Indeed, even today, they capture that just if they’re ousted to the nation in their local district, they may confront a severe danger of substantial mischief. The proceeded with savagery against the Rohingyas in Myanmar has been accounted for generally inside the media. The rule of captivation, articulated unequivocally under Article 33(1) of the 1951 world association Convention on the Status of Refugees denies sending back evacuees to a territory where they face peril – is considered a piece of the standard law of countries and official on all states whether they have marked the 1951 UNHCR Refugee Convention or not, commanding India to perceive this guideline inside the security of the Rohingya outcasts and thwart their extradition to their nation where they’re confronting separation and danger to their life

Conclusion

Given the above realities and conditions, it’s most deferentially asked that this Hon’ble Court is likewise satisfied: To give a suitable writ, request or heading, guiding the Respondents to not oust the candidates and different individuals from the Rohingya people group who are available in India. To give suitable writ or request guiding the respondents to gracefully the candidates and different individuals from the Rohingya people group in India, such essential enhancements to ensure that they’ll board human conditions varying by the law of countries in the treatment of outcasts. To pass such different requests as this Hon’ble Court may esteem fit and right inside the enthusiasm of value, equity, and inner voice.

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This article is written by Dhananjai Singh Rana, Student, BBA LLB (Hons.), Amity Law School Noida. The article deals with the analysis of the Rohingya case in the light of the constitutional provisions contested thereon.

Table of Contents

Introduction

Brief of the case

Concerned Provisions of Law

Grounds

Conclusion

References

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Pk kalasami nadar vs alwar chettiar and ors

Ponnuswami Mudaliar was the first respondent who had purchased at Koilpatti through his agent who was the 2nd respondent, where 26 boras of karunganni cotton, and entrusted it on 5-8-1952 to the appellant who used to run a lorry service for transport of gods and used it as mean for common carrier, where it was carried and delivered at Coimbatore. The lorry hire money had tobe paid at the destination. The goods were added in the lorry of the appellant, and it had started its journey on the very day. While the lorry was going near Oddanchatram, a place in the Madurai District and it was noticed thatthe cotton bales were on fire, the origin and cause of it is not being ascertainable from the present evidence. There were a lot of efforts which were made to turn down the fire but did not have much success. The driver and appellant due to their respected efforts were able to salvage some cotton by risking themselves; the rest was entirely burnt by the fire. The appellant could not even deliver to the first respondent. the salvaged cotton. In these circumstances, respondents had instituted the suit, out of which the appeal arised, for recovering of a sum of Rs. 6730 and subsequent interest as damages for the loss of the goods.

FACTS OF THE CASE

The claim mainly was on the fact that the appellants had failed and could not deliver the consignment as they had agreed upon. There was also the plea which was that the loss of goods was result of the gross negligence of the appellant and servants, and that they should be held liable for the non delivery. The suit was filed in the Court of Subordinate Judge Coimbatore, on the fact that a part of cause of action had arose at Coimbatore where the cotton was agreed to be delivered and lorry charges were to be paid.

The appellant and the driver were impleaded and were parties to the suit which denied that there was any type of negligence on their part, they also stated that they had taken all the reasonable care a sane person could take and there shouldn’t be any liability attached to them.the jurisdiction of the court in Coimbatore was not be accepted as they said that it the hearing should take place where the loss had occurred .the learned subordinate upheld that there and lorry was properly equipped and well protected and fire was not because of negligence, therein and that it was not attributable to any type of negligence on the part of the driver. But he held that the liability as bailee was there was a special liability of the appellant which as a common carrier for not having safely delivered the goods. Rejecting the plea as the want of jurisdiction on the ground that a part of which the cause of action arose at Coimbatore, he assessed the damagesand the amount for the loss of goods in a sum of Rs. 6731 and passed a decree and for that amount against the appellant in favour of first respondent. And hence,The claim against the driver was dismissed.

ARGUMENTS OF THE CASE;

In Appeal MR KS RAMAMURTHY raises two points that even a common carrier the appellants liability would be of a regular bailee under sec 151 sec 152 and insisted that his lient took reasonable care that a man of ordinary prudence would take and argued that his client should not be held liable. The second contention is that the claim for damages based as it was on an alleged breach of duty on the part of a common carrier, should be held to be on tort, and the cause of action could be held to arise only at the place where the accident took place,and that not being within the jurisdiction of the Coimbatore Court, the lower Court had no jurisidiction to entertain the suit.

The first claim be explained as a common carrier would be someone who would transport the goods of one person from a place to another for some sought of reward for people who would chose to employ him. the duty of the common carrier would be is to receive all goods and ensure they are in proper condition and provided they are packed properly and he has the convenience to carry them. The common carrierwho is employed would be bound to provide safeltyof the goods during carriage and till delivery but unless prevented by an act of God, enemies of the States or unless there is loss or damage to goods arises from an inherent defect in the goods that he has no role to play in or by the reason of their packing.

A common carrier is totally responsible for the safety of the goods entrusted to him in all the events but except when loss or an injury arises from solely form act of God or the Queen enemies which is not related or from the fault which could be of the consignor, or inherent vice in the goods by themselves. He is therefore liable and even when he is overwhelmed and when robbed by an huge or uncontrollable number of persons. He is an insurer of the safety of the goods and against everything which is extraneous and that which may cause certain loss and or injury except for the act of God or of the Queen’s enemies and say if there has been an unjustifiable deviation or type of a negligence which is other fundamental breach of contract from his part,so he will liable for the loss and injury due to the Queens enemies or it would seem, due to the act of God. The responsibility that as an insurer which is imposed upon a common carrier by the customs of the realm when it is not necessary to prove a contract between him with the owner of the goods to establish the liability. So if there is Failure on the part of the carrier and he could not deliver the goods safely then there is a breach of a duty which is placed upon him by the common law so therefore, an action of tort lies against him for such a breach, the owner who is not being bound to prove any type of contract. Where, however say there is a contract, liability could arise either at common law or maybe under the contract and the contract could limit the carrier’s responsibility.

Thus, a common carrier and to whom goods were entrusted for the transport, that they should provide a resonably fit and a proper vehicle which could be used for the carriage of the goods could be entrusted and carry them safely they should be loaded and unloaded properly to deliver the same at the destination. A common carrier being thus under an obligation to deliver the goods safely so that he would be liable to what happens to them during the time when he is in their custody. His liability therefore can be said to be that of an insurer. Under the common law of England where there were two categories of bailees and on whom the law had imposed a greater responsibility by common carriers and innkeepers as these were held liable for the safety of all the goods and were entrusted to them in all the events but for except the loss or injury to them that was occasioned by an act of God and say the Kings enemies or from the fault of the consignor which could be due to the inherent defect in the goods as An act of God will be an what u call an extraordinary occurrence and due to natural causes that which is not the result of any type of human intervention which therefore could not be avoided by any amount and of any foresight and proper care. A fire that has been caused by the lightning. But say an accidental fire that as in the present case even though it might not have been resulted from any act of or by any omission of the appellant so it could not be said that there is to be an act of God.

In the Irrawaddy Flotilla Co. V. Bugwandasthe case which could be used an example when theb Privy Council held that the duties and liabilities of a common carrier in India were governed by the principles of the English common law and that his responsibility which is to the owner was of the virtue and him exercising the public employment for a certainty of a reward an as incident to the contract which is between him and the consignor. Under Section-3 of the Carriers Act we can say that a common carrier who would not be liable for any loss of damage or of goods above Rs. 100 in value which come within the schedule of the Act and it is to be duly followed and unless the value of the goods has been declared where it is expressly of by the consignor then cotton is not one of the goods which is specified in the schedule and Under Section- 5, in a case where there is loss of the consignor and would be entitled to recover not merely say the value of the good but also the charges which are to be paid for carriage. So It will be open to a carrier to limit his liability by signing a special contract, signed by the owner of the goods.and it embodies the principle of negligence, for the obvious reason that the liability of common carrier is that of an insurer and we can say that It would, therefore not follow that, but withstanding the fact that actually there was no negligence from the part of the appellant and he would be liable to compensate not only the first respondent but also for the loss of the goods that had occurred during the carriage thereof by the lorry which is belonging to the former. Therefore we can agree with the conclusion arrived at by the learned subordinate Judge on this question.

ISSUES IN THE CASE

It is next contended that as the suitbeing one for damages for injury and to the goods by reason when there a breach of duty of the carrier and could be argued that it should be held to be an action in tort and also should have to be instituted where in a Court which is having jurisdiction over the place where the accident or loss occurred. SEC-19 claims that case should only be fought where loss had occurred and therefore it would be invalid in the court of law In the case of a claim for damages for a tort and say the commission of the tortious act which will undoubtedly form a part and it would be of cause of action so thedamage suffered would also be a part of it. It is not disputed before us and also that neither the place where the breach of duty took alleged took had place nor the one where the loss occurred was within the jurisdiction of the Coimbatore Court which as its being not contended or argued and that the place of delivery was the one and that’s where the loss occurred.so It is equally not disputed, that if so the suit is construedand as one based on a contract the Coimbatore Court will have jurisdiction because as admittedly a part of cause of action that had a arose at that place. Under the circumstances as it becomes necessary for to consider to which category and also the claim in the present case belonging to.

The suit is one where there is consignor of goods for non-delivery thereof at the destination.. It is stated that the loss was the result of gross negligence from the part of the defendants. This is on the basis that defendants had not shown enough care to care of the goods as a result of which negligence on their behalf andhas been substantially the cause of action alleged is on a breach of contract to where to deliver the goods and also to take that amount of care which is required and of a bailee under Section 151 and section 152 of the Contract Act. It was however contended that for the appellant that the relevant paragraph as in the plaint proceed not on the basis say of any express or implied contract and to deliver the goods safely but at destination but say on the common law liability and of the carrier for breach of duty to ensure a safe carriage of good and that the claim which in such a case can only be in found tort and never in contract.

Even assuming that the plaintiff in the instant case should only be construed only as alleging a breach of duty and on the part of the appellant for the claim for damages but cannot for that reason be said to be unrelated to a case on thef breach of a contractual obligation. The claim is made by the consignor himself who had entered into a contract son with the appellant for the carriage of the goods form Koilpatti to Coimbatore which having regarded to the nature of the business and say of the appellant implied and to a safe carriage of the goods. A breach of that obligation then would be a breach of contract as It may be that by virtue of the public employment of the appellant where and the nature of his obligations that he would be liable in tort. And That would only mean that so far as the consignor who is concerned and he can at his option sue on contract where on tort. also where the claim is madeand by by the consignee where his the position might be different and as he not being a party to the contract of carriage made by the consignor, he will not be able to enforce a contractual obligation but can only be sued on tort.

At the present day we can differentiate tort and contract from one another in that the duties in the former are primarily fixed by law, while in the latter they are fixed by the parties themselves. Moreover, in tort we can the duty is towards persons and generally in contract as it is towards a specific person or maybe specific persons where In a case under the Country Courts Act 1919, an action failed by stock broker to client where the client was held to lie in contract Greer and they had said that The distinction in the modern view for this purpose and between contract and tort may be put like where ‘Where the breach of duty alleged arises out of a liability independently of the personal obligation undertaken by contract’where it is tort, and it may be a tort and even though there may happen and to be a contract between the parties, if the duty is in fact arises independently of that contract where there is a breach of contract that occurs where that is complained and is a breach of duty arising out of the obligation undertaken by the contract.

The same subject is dealt with in Halsbury’s Laws of England, Vol. I (Simonds Edn.) at page 36 thus :

“In deciding whether an action is founded on contract or on tort, the substance of the action must be looked at and the form of it as stated in the pleadings is immaterial. Where the breach of duty alleged arises out of a liability independently of the personal obligation undertaken by contract the action may be said to be founded on tort, and it may still be founded on tort even though there may happen to be a contract between the parties, if the duty in fact arises independently of that contract; an action may be said to be founded on contract where that which is complained of is a breach of duty arising out of the obligations undertaken by the contract.”

Where there is a contractual obligation to deliver the goods at a particular place, an undertaking can be implied having the regard to the context and in which the contract is made, namely, with say a common carrier who would have has such an obligation to deliver the goods safely at the required destination. In that case then there would be a personal obligation. An independent obligation also would also exist by reasona and of the duty which the carrier owes by reason say of his calling. The mere existence of a independent ground of liability on tort that cannot take away the right of the party where fot it to the contract it can sue for breach. But such a person who will not be bound to sue on the contract then he may rest his claim on and move on to alternative basis of tort. This option exists only to a party to the contract like where however the action is laid which is against the carrier by the consignee like who is not a party to the contract and the liability which is sought to be enforced that would be independent of itsb contract eventhough proof of the contract which might be necessary to show that the defendant who was acting as a carrier and as so such liable as an insurer that In such a case the liability for the breach of duty and also to deliver the goods safely which would be independent of the terms of its contract entered into between the consignor and the common carrierMr. Ramamurthi however contends which was entered and that no claim on the basis of contract which can lie suppose when a common carrier is sought to be proceeded against and for the breach of his duty where to deliver safely the goods which entrusted to him for carriageand whether the action which is laid at the instance like of the party to the contract or with others and that in that in almost all cases the liability will only be on the basis of something like a civil wrong which is committed by the carrier. Learned counsel relied in on this connection on London and North Western Rly. Co. V. Richard Hudson and Sons Ltd., 1920 AC 324 where Lord Dunedin, dealing with the liability of common carrier carrying goods.

The action in that case was brought at the instance of the consignee of the goods, between whom and the carrier there was no privity of contract; it was held that the former could sustain a claim for loss of goods during transit on the basis of a tort. That decision itself recognises that there could be a liability of the carrier for breach of contract in appropriate cases. The decision in Shiam Narain Tickoo v. Bombay Baroda and Central India Rly., ILR 41 All 488 was next relied on. That was an action against a railway company for the damages laid by the husband for the death of his wife on account of injuries sustained by her in an accident to the train wherein she traveled. The learned Judges did not decide the question whether an action for breach of contract would lie where the railway did not carry the passenger safely. Their view was that an action on contract would not lie at he instance of the plaintiff in that case who was not a party to the contract and whose claim was based on tort and under the provisions of the Fatal Accidents Act.

JUDGEMENT OF THE CASE

Apart from danger arisingand say, from the nature of goods that the defendant received, the carrier is by his office bound to transport the goods as clearly as if there had been a ‘special contract which is binding on him, and therefore he is answerable to the owner for sale and also for sound delivery.

It is therefore clear that the liability of a common carrier for nondelivery of goods so far as a party to the contract is concerned it can be at his option be that he rested on contract or not. Whether in such a case the claim is made on one basis or other it would depend on the construction of the plaint and also the substance of it being the decisive factor. In the present case the plaintiff is clear as the reference is made to the contract and of the carriage of goods not merely as a matter of history but as the starting point of the appellant’s obligations and the appellant did what a man with prudence would do .It is stated that by the terms of his employmen that the appellant was legally bound to deliver safely the goods. The claim made for breach of that obligation is one on the basis of the contract and not on the basis of a tort. Thus there being a contractual obligation to deliver the goods at Coimbatore, a part of the cause of action for the suit arose at that place. The lower court had therefore the jurisdiction to entertain the suit and pass a judgement

The appeal is therefore failed and it is dismissed with costs

CONCLUSION

In this case the appeal was not successful because the defendant has taken reasonable care than any man with prudence would do and it was judged he was not negligent and he even tried to save as many good as possible by causing harm to himself.even though the contract was broken the defendant is not liable to pay any money to the appellant.

Acceptance in law of contracts

ACCEPTANCE IN LAW OF CONTRACTS

INTRODUCTION;

Section 2[h]of the Indian Contract Act, 1872, defines the term contract. According to the Section, a contract is an agreement enforceable by law. Therefore, according to the Section, there are two essentials for the formation of a contract.

Firstly, there should be an agreement to do or abstain from doing an act; and
Secondly, the agreement should be enforceable by law.

Therefore, the law of contracts is that branch of law which decides the circumstances in which the promise made by a person shall be legally binding on the person who makes the promise. While all the contracts are agreements but not all agreements are contracts. An agreement, in order to turn into a contract, should have its legal enforceability. The agreements which are not legally enforceable are not contracts but are mere void agreements which are not enforceable by law or are voidable at the option of one party.

Section 2(b) of the Indian Contract Act talks about the acceptance of an offer. According to the Section, the person to whom an offer is made to do or abstain from doing an act with a view to obtain the assent of such a person, if gives his assent thereto, is said to have accepted the offer. This article talks about acceptance, which is one of the essentials of a valid contract according to the Indian Contract Act, 1872.

Acceptance of an offer is the expression of assent to its terms. Acceptance must generally be made in the manner specified by the offer. If no manner of acceptance is specified by the offer, then acceptance may be made in a manner that is reasonable under the circumstances. An acceptance is only valid, however, if the offeree knows of the offer, the offeree manifests an intention to accept, and the acceptance is expressed as an unequivocal and unconditional agreement to the terms of the offer.

Many offers specify the method of acceptance, whether it be oral or written, by phone or in person, by handshake or by ceremony. Other offers leave open the method of acceptance, allowing the offeree to accept in a reasonable manner. Most consumer transactions fall into this category, as when a shopper “accepts” a merchant’s offer by taking possession of a particular good and paying for it at the cash register. But what constitutes a “reasonable” acceptance will vary according to the contract.

Some offers may only be accepted by the performance or non-performance of a particular act. Once formed, these types of agreements are called unilateral contracts, and they are discussed more fully later in this essay. Other offers may only be accepted by a return promise of performance from the offeree. Once formed, these agreements are called bilateral contracts, and they are also discussed more fully later in this essay.

Problems can arise when it is not clear whether an offer anticipates the method of acceptance to come in the form of performance or a return promise. Section 32 of the Restatement (Second) of Contracts attempts to address this issue by providing that “in case of doubt an offer is interpreted as inviting the offeree to accept either by promising to perform what the offer requests or by rendering performance, as the offeree chooses.” A growing number of jurisdictions are adopting this approach.

Jurisdictions are split as to the time when an air-mailed acceptance becomes effective. Under the majority approach, known as “the mailbox rule,” an acceptance is effective upon dispatch in a properly addressed envelope with prepaid postage, even if the acceptance is lost or destroyed in transit. Under the minority approach, acceptance is effective only upon actual receipt by the offeror, no matter what precautions the offeree took to ensure that the acceptance was properly mailed.

In certain cases acceptance can be implied from a party’s conduct. Suppose a consumer orders a personal computer (PC) with exact specifications for its central processing unit (CPU), hard drive, and memory. Upon receipt, the consumer determines that the PC does not match the specs. If the consumer nonetheless pays the full amount on the invoice accompanying the PC without protest, the consumer has effectively communicated a legally binding acceptance of the non-conforming good.

Acceptance cannot generally be inferred from a party’s silence or inaction. An exception to this rule occurs when two parties have a prior course of dealings in which the offeree has led the offeror to believe that the offeree will accept all goods shipped by the offeror unless the offeree sends notice to the contrary. In such instances, the offeree’s silence or inaction constitutes a legally binding acceptance upon which the offeror can rely.

Rules regarding Valid Acceptance

1] Acceptance can only be given to whom the offer was made

In the case of a specific proposal or offer, it can only be accepted by the person it was made to. No third person without the knowledge of the offeree can accept the offer.

Let us take the example of the case study of Boulton v. Jones. Boulton bought Brocklehurst’s business but Brocklehurst did not inform all his creditors about the same. Jones, a creditor of Brocklehurst placed an order with him. Boulton accepted and supplied the goods. Jones refused to pay since he had debts to settle with Brocklehurst. It was held that since the offer was never made to Boulton, he cannot accept the offer and there is no contract.

When the proposal is a general offer, then anyone with knowledge of the offer can accept it.

Bill of Exchange

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2] It has to be absolute and unqualified

Acceptance must be unconditional and absolute. There cannot be conditional acceptance, that would amount to a counteroffer which nullifies the original offer. Let us see an example. A offers to sell his cycle to B for 2000/-. B says he accepts if A will sell it for 1500/-. This does not amount to the offer being accepted, it will count as a counteroffer.

Also, it must be expressed in a prescribed manner. If no such prescribed manner is described then it must be expressed in the normal and reasonable manner, i.e. as it would be in the normal course of business. Implied acceptance can also be given through some conduct, act, etc.

However, the law does not allow silence to be a form of acceptance. So the offeror cannot say if no answer is received the offer will be deemed as accepted.

3] Acceptance must be communicated

For a proposal to become a contract, the acceptance of such a proposal must be communicated to the promisor. The communication must occur in the prescribed form, or any such form in the normal course of business if no specific form has been prescribed.

Further, when the offeree accepts the proposal, he must have known that an offer was made. He cannot communicate acceptance without knowledge of the offer.

So when A offers to supply B with goods, and B is agreeable to all the terms. He writes a letter to accept the offer but forgets to post the letter. So since the acceptance is not communicated, it is not valid.

4] It must be in prescribed mode

Acceptance of the offer must be in the prescribed manner that is demanded by the offeror. If no such manner is prescribed, it must be in a reasonable manner that would be employed in the normal course of business.

But if the offeror does not insist on the manner after the offer has been accepted in another manner, it will be presumed he has consented to such acceptance.

So A offers to sell his farm to B for ten lakhs. He asks B to communicate his answer via post. B e-mails A accepting his offer. Now A can ask B to send the answer through the prescribed manner. But if A fails to do so, it means he has accepted the acceptance of B and a promise is made.

5] Implied acceptance

Section 8 of the Indian Contract Act 1872, provides that acceptance by conduct or actions of the promisee is acceptable. So if a person performs certain actions that communicate that he has accepted the offer, such implied acceptance is permissible. So if A agrees to buy from B 100 bales of hay for 1000/- and B sends over the goods, his actions will imply he has accepted the offer.

MODE OF ACCEPTANCE

1) A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance.

(2) An acceptance of an offer becomes effective when the indication of assent reaches the offeror.

(3) However, if, by virtue of the offer or as a result of practices which the parties have established between themselves or of usage, the offeree may indicate assent by performing an act without notice to the offeror, the acceptance is effective when the act is performed.

COMMENT

1. Indication of assent to an offer

For there to be an acceptance the offeree must in one way or another indicate “assent” to the offer. The mere acknowledgement of receipt of the offer, or an expression of interest in it, is not sufficient. Furthermore, the assent must be unconditional, i.e. it cannot be made dependent on some further step to be taken by either the offeror (e.g. “Our acceptance is subject to your final approval”) or the offeree (e.g. “We hereby accept the terms of the contract as set forth in your Memorandum and undertake to submit the contract to our Board for approval within the next two weeks”). Finally, the purported acceptance must contain no variation of the terms of the offer or at least none which materially alters them (see Article 2.1.11).

2. Acceptance by conduct

Provided that the offer does not impose any particular mode of acceptance, the indication of assent may either be made by an express statement or be inferred from the conduct of the offeree. Paragraph (1) of this Article does not specify the form such conduct should assume: most often it will consist in acts of performance, such as the payment of an advance on the price, the shipment of goods or the beginning of work at the site, etc.

3. Silence or inactivity

By stating that “[s]ilence or inactivity does not in itself amount to acceptance”, paragraph (1) makes it clear that as a rule mere silence or inactivity on the part of the offeree does not allow the inference that the offeree assents to the offer. The situation is different if the parties themselves agree that silence shall amount to acceptance, or if there exists a course of dealing or usage to that effect. In no event, however, is it sufficient for the offeror to state unilaterally in its offer that the offer will be deemed to have been accepted in the absence of any reply from the offeree. Since it is the offeror who takes the initiative by proposing the conclusion of the contract, the offeree is free not only to accept or not to accept the offer, but also simply to ignore it.

According to paragraph , an acceptance becomes effective at the moment the indication of assent reaches the offeror (see Article 1.10(2)). For the definition of “reaches” see Article 1.10(3). The reason for the adoption of the “receipt” principle in preference to the “dispatch” principle is that the risk of transmission is better placed on the offeree than on the offeror, since it is the former who chooses the means of communication, who knows whether the chosen means of communication is subject to special risks or delay, and who is consequently best able to take measures to ensure that the acceptance reaches its destination.

As a rule, an acceptance by means of mere conduct likewise becomes effective only when notice thereof reaches the offeror. It should be noted, however, that special notice to this effect by the offeree will be necessary only in cases where the conduct will not of itself give notice of acceptance to the offeror within a reasonable period of time. In all other cases, e.g. where the conduct consists in the payment of the price, or the shipment of the goods by air or by some other rapid mode of transportation, the same effect may well be achieved simply by the bank or the carrier informing the offeror of the funds transfer or of the consignment of the goods.

An exception to the general rule of paragraph (2) is to be found in the cases envisaged in paragraph (3), i.e. where “by virtue of the offer or as a result of practices which the parties have established between themselves or of usage, the offeree may indicate assent by performing an act without notice to the offeror”. In such cases the acceptance is effective at the moment the act is performed, irrespective of whether or not the offeror is promptly informed thereof.

Implied acceptance: Acceptance which is not explicitly made by means of speech or writing but, by the conduct of the person to whom an offer is made. The striking of hammer thrice by the auctioneer in order to show his acceptance to the offer made by a bidder is an example of implied acceptance to the offer made by the bidder at an auction to the auctioneer;
Express acceptance: Acceptance which is made by means of words, oral or written is known as an express acceptance. For example, A offers B his watch for sale through a mail and A replies in positive to the offer by email.

Acceptance: absolute and unqualified

Acceptance to be legally enforceable must be absolute and unqualified. Section 7(1) of the Indian Contract Act provides that in order to turn an offer into an agreement the acceptance to the offer must be absolute and unqualified. The logic behind the principle that the acceptance to the offer must be absolute and unqualified is that when acceptance is not absolute and is qualified it results into a counter offer which leads to the rejection of the original offer made by the offeror to the offeree. If the offeree makes any variations in the original terms of the contract proposed to him and then accepts the contract, such an acceptance would result in the invalidity of the contract.

For example, if A offers to sell his bike to B for Rupees 10,000. But B persuades A to sell him the bike for 7,000 rupees to which A denies and if B at any later point of time agrees to buy the bike for 10,000 rupees. Then A is under no obligations to sell him the bike as the counteroffer made by B puts an end to the original offer.

It is also important that the acceptance made by the offeree should be in toto, i.e. acceptance should be given to all the terms and conditions of the offer as acceptance of only a part of the offer is not a good acceptance under the law. For example, A makes an offer to B of sale of 30 kg of wheat at Rupees 700 but B agrees to buy only 10 kg of wheat. Here the acceptance made by B is not in toto with respect to the terms of the contract and therefore, the acceptance made by B is no acceptance in the eyes of law and therefore, A is under no obligation to sell him wheat since there is no contract between them.

Partial acceptance

It is a settled principle of law of contract that the offer which is put before the offeree should be accepted by him in entirety and he can not accept the offer partially by agreeing only to the terms of the contract which are favourable to him while rejecting the rest of the conditions under the offer as an incomplete acceptance of the offer would result into counter-proposal and therefore, it will not bind the offeror as there is no binding contract between him and the offeree.

In Ramanbhai M. Nilkanth vs Ghashiram Ladliprasad, an application was made in a company for certain shares was made on the condition that the applicant would be appointed as a cashier in the new branch of the company. The company without fulfilling the condition made an allocation of the shares to the applicant and demanded the share money from him. The court, in this case, held that the petitioner’s application for 100 shares was conditional and there was no intention on the part of the company to accept the terms of the contract in entirety where he applied for shares until he was appointed as a cashier by the company and therefore, there was only a partial acceptance of the offer.

Acceptance with subsequent condition

In the law of contract, the term “condition” is used in a loose sense and it is used synonymously as “terms”, ‘’condition” or ”clause”. In its proper sense, the term condition means some operative term subsequent to acceptance and prior to acceptance, it is a fact on which the rights and duties of the parties to the contract depend on. The fact can be any act or omission by any of the contracting parties, an act of the third party or happening or not happening of any natural event. Conditions are of three types, which are as follows:

Express condition: In an express condition, certain facts can operate as condition as it has been expressly agreed upon by the parties to the contract;
Implied condition: When certain facts which operate as a condition are not expressly mentioned by the parties but can be inferred by the conduct of the parties to contract is known as an implied condition;
Constructive condition: When the court believes that the parties to a contract must have intended to operate certain conditions because the court believes that the Justice requires the presence of the condition. These conditions are known as constructive conditions.

A contract comes into force by the acts or conduct of one party to the other party. The acts or conduct of the party can be turned into a promise only by meeting of mind or an agreement between both the parties. An acceptance that carries a subsequent condition may not have the effect of counter-proposal. Thus, where a person ‘A’ accepted the terms of the contract for the sale of a good by accompanying the acceptance with the warning that if money was not delivered to him by a particular date then, the contract will remain repudiated. The acceptance of the offer would not be deemed to be a counter-proposal.

Acceptance of counter proposals

In certain cases, the person whose proposal or offer has not been accepted absolutely or unqualifiedly by the offeree as the offeree attaches a counter-proposal to the original proposal, the offeror becomes bound by the counter-proposal. If, by the conduct of the offeror, he indicates that he has accepted the terms of the counter-proposal laid down by the offeree.

In the case of Hargopal v. People’s Bank of Northern India Ltd., an application for shares was made with a conditional undertaking by the bank that the applicant would be appointed as a permanent director of the local branch. The shares were allotted to the applicant by the Bank without fulfilment of the condition and the applicant was given his shares and the applicant accepted the same without any protest regarding the non-fulfilment of the terms of the contract. When there arose a dispute between the parties in a court of law. The applicant contended that the allotment was void on the ground of non-fulfilment of the conditions which were stipulated in the original contract. The court rejected the contention from the applicant’s side by holding that the same can not be pleaded by him as he has waived the condition by his conduct.

In Bismi Abdullah and sons v. FCI, the court held that where tenders were invited subject to the deposit of money. It was open to the tenderers to waive the requirement and acceptance given to a tender without making the deposit is binding upon the tenderer.

In D.S. Constructions Ltd v. Rites Ltd, the court held the where the tenderer made variations to the terms of his tender within the permissible period, but the variations were only partly accepted by the other side without the tenderer’s consent lead to repudiation of the contract and so there was no contract at all. Therefore, the earnest money deposited by the party can not be forfeited.

Provisional Acceptance

Provisional acceptance is the type of acceptance by the offeree which is made subject to the final approval. A provisional acceptance does not ordinarily bind either party to the contract until the final approval is given to the provisional acceptance made by the offeree. Until the approval is given, the offeror is at liberty to cancel the offer made to the offeree.

In Union of India v. S. Narain Singh, the High Court of Punjab held that where the condition attached to the auction sale of the liquor was that the acceptance of the bid shall be subject to confirmation by the Chief Commissioner. The contract will not be complete till the highest bid is confirmed by the Chief Commissioner and till the confirmation is made the person whose bid is provisionally accepted is at liberty to withdraw the bid.

Similarly, in Mackenzie Lyall And Co. vs Chamroo Singh And Co., the bid at an auction was of provisional acceptance in nature ad the terms of the contract stated that the bid shall be referred to the owner of the goods for his approval and sanction.the court in this case also, allowed the person to revoke his bid whose bid was provisionally accepted.

In Somasundaram Pillai vs The Provincial Government Of Madras, the court held that the bidder would be at liberty to withdraw his will prior to the final approval of the provisional acceptance where the terms of the contract expressly mention that a bid which has been provisionally accepted can not be canceled subsequently.

When a provisional acceptance is subsequently ratified or accepted then it is the duty of the offeree to inform the same to the offeror, as it is then when the offeror becomes bound by the terms of the contract. Acceptance is not complete until it is communicated by the offeror.

Acceptance and withdrawal of tenders

A Tender is a legal offer or proposal to do or abstain from doing an act and it binds the party to performance to the party to whom the offer is made. A tender can be made with respect to money or specific articles. If the tender is not an offer than it falls in the same category as a quotation of price. When the tender is accepted it becomes a standing offer. A contract can arise only when an offer is made on the basis of the tender.

In Bengal Coal Co. v. Homee Wadia & Co., the defendant signed an agreement. One of the terms of the contract was that the undersigned from the day of signing the contract has to abide by the condition stipulated by the contract which provides that they shall be required to provide a certain quality of coal to the other party for a period of 12 months. The defendant abided by the terms of the contract for some time but before the expiry of the term of the contract, the defendants refused to comply with the conditions which were stipulated under the contract. The plaintiff subsequently sued the defendant for breach of contract. The court held that there was no contract between the parties and the terms stipulated thereof were just the part of a standing offer and the successive orders given by the plaintiff was an acceptance of the offers of the quantity offered by the defendant and therefore the order given by the plaintiff and the offer of the defendant together constituted a series of contract. The defendants, in this case, are not free to revoke the offers which were actually given by them. But barring those offers aside, the defendants had the complete power of revocation.

In Rajasthan State Electricity Board vs Dayal Wood Work, the purchase orders were issued in terms of an arrangement of supply. But the purchase offer itself contained the provision that the tenderer can refuse to supply the goods. The court, in this case, held that there was no concluded contract that came into force and therefore, the contractor was at liberty to refund his security deposit.

In a case where the tenderer has on some consideration promised not to withdraw the tender or where there is a statutory provision restraining the withdrawal of the tender, the tender becomes irrevocable. Just as the tenderer has the right to revoke his tender in the same way the acceptor of the tender also has the right to refuse to place any order.

In Madho Ram vs The Secretary Of State For India, the military authorities accepted a tender for the supply of certain goods but during the period of tender, no requisition was ever issued. In an action against the military authorities, the court held that the military authority was not bound whatsoever by the acceptance of their offer to purchase any or all the goods specified under the contract without any covenant to that issue. And so the party giving his assent to the offer may at any time declare to the tenderer that they no longer want to place an order for the purchase of goods.

Letter of intent to accept

A letter of intent to accept an offer is sometimes issued prior to the final acceptance of the offer. Letter of intent does not have any binding effect on any of the parties to the contract. In Dibakar Swain v. Cashew Development corp. The letter of acceptance issued by the company only indicated their intention to enter into the tender. The acceptance was not clearly reduced into writing. The court held that there was no binding contract entered into by the parties and no work order can be issued and so the amount which was deposited by the tenderer can not be forfeited.

Liability for failure to consider tender

If a valid tender is opened then it must be duly considered by the inviting authority because if the valid tender is not duly considered it would be unfairness on the part of the tenderer. In Vijai Kumar Ajay Kumar v. Steel Authority Of India Limited, the court of appeal observed that in certain circumstances, the invitation to tender can give rise to the binding contractual obligation on the part of the person who invited the tenders who conformed the conditions of the tender.

In A. K. Construction v. State of Jharkhand, the contract was awarded to a person who was not a qualified tenderer and he was chosen at the cost of a qualified tenderer who brought an action against the decision of granting the tender to the unqualified tenderer. The court, in this case, allowed the awardee of the tenderer to complete his work and also allowed the aggrieved party compensation of one lakh rupees to be recovered from the salary of the guilty officers who were guilty of awarding the tender unreasonably.

Non-compliance with requirements

In Vijay Fire Protection Systems v. Visakhapatnam Port Trust And Anr., the authorities inviting the tender made it clear to the tenderers that only one brand of pump sets would be accepted. The authorities even gave the last minute opportunity to the tenderers to change the quotations. The tenderer to whom the tender for the supply of goods was given refuted to comply with the terms of the contract. Subsequently, the authorities who invited the tender cancelled the contract between them and the tenderer thereof. The court held that the decision made by the authorities was not arbitrary and they were having the right to do so.

In Kesulal Mehta vs Rajasthan Tribal Areas, one of the conditions in the tender was that the tenderer should have at least one year of work experience in the work in question. The court, in this case, held that such conditions could be relaxed and any otherwise competent contractor could be given the tender and he could be at a later point of time be required to produce the certificate of work.

In KM Pareeth Labha v. Kerala Livestock Development Board, it was held that where a tender invited the quotations for disposal of trees. The tender should mention the approximate value of the trees which could be assessed by the tenderers who can quote their price.

Tender with concessional rate

In Kanhaiya Lal Agrawal vs Union Of India & Ors, in this case, tender offered firm rates, as well as concessional rate, provided the tender gets finalized within a shorter period of time than generally followed. The court held that it did not result in the formation of a conditional offer which hinges on the happening or non-happening of any event and the condition which was put forth was only meant for bringing about more expeditious acceptance.

Certainty of terms

An agreement regarding the sale of immovable property should identify the property with certainty. The agreement should be based on mutuality and should fix the price. In New Golden Bus Service vs State Of Punjab And Ors., the tender was made inviting the tender for hiring services for the vehicle but it did not stipulate any time period. The lowest tenderer was awarded the tenderer for a period of three years. The court, in this case, held that there was nothing wrong in it as an open-ended tender can not be regarded as void because of the reason for its vagueness. The tender, in this case, specified that the tender can not be issued for a vehicle that is more than six months old and the tenderer who was awarded the tender complies with the specified conditions specified under the tender. The acceptance of substitute vehicles which were of equal efficiency and cost by the authority inviting the tender was not arbitrary.

Preventing from tendering and blacklisting

In Utpal Mitra vs The Chief Executive Officer, a bidder was prevented by some elements inside the office from submitting the tender. The authorities carried on the enquiry confirming the allegations. The person who was so ruled out from the tender was later on permitted to submit his tender after two intervening holidays and his tender was later on accepted. The court held that no prejudice was caused to the other tenderers as the work issued to them was not interfered with.

In Merittrac Services Private v. Post Graduate Institute, it was held that the provision of blacklisting a contractor arises only when the contract is awarded and the tenderer fails to perform any conditions stipulated in the contract. For the purpose of seeking permission for making his proposal, some material facts may be required from the bidder about his experience.

The party allocating the contracts has the indispensable power of blacklisting the contractor. But when in cases where the party is the state, the decision to blacklist is open to judicial review to ensure proportionality and principle of natural justice.

Conclusion

Contracts have become an indispensable part of everyday life of the people so much so that most of the people enter into a contract without even realizing it. There are many essentials which are required for making a valid contract. After the formation of a valid contract, the ultimate object which is stipulated by both the parties in terms of consideration are sought after. Once the object for which the contract was entered into is achieved the parties to the contract as no longer bound by their respective contractual liability.

Legal Positivism

Etymologically, The term positivism is derived from Latin ponere, positum, meaning “to put”. “Positive law” is that which is man-made, i.e., defined formally. Legal positivism is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin.While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of “positivism” as applied to law to include the contentions that:

laws are commands of human beings;
there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be;
analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions;
a legal system is a closed, logical system in which correct decisions can be deduced from predetermined legal rules without reference to social considerations

Disagreement with Natural lawyers

Historically, legal positivism is in opposition to natural law’s theories of jurisprudence, with particular disagreement surrounding the natural lawyer’s claim that there is a necessary connection between law and morality.

SOURCE OF LAW, ACCORDING TO LEGAL POSTIVISTS

In the positivist opinion, the source of a law is the establishment of that law by some legal authority which is recognised socially. The merits of a law are a separate issue: it may be a ‘bad law’ by some standard, but if it was added to the system by a legitimate authority, it is still a law.

In the The Stanford Encyclopedia of Philosophy it is mentioned that;According to positivism, law is a matter of what has been posited (ordered, decided, practiced, tolerated, etc.); as we might say in a more modern idiom, positivism is the view that law is a social construction.”

Legal positivism does not claim that the laws so identified should be obeyed, or that necessarily there is value in having clear, identifiable rules. The laws of a legal system may be quite unjust, and the state may be quite illegitimate; as a result, there may be no obligation to obey them. Moreover, the fact that a law has been identified by a court as valid does not provide any guidance as to whether the court should apply it in a particular case.

As John Gardner has said, legal positivism is “normatively inert”; it is a theory of law, not a theory of legal practice, adjudication, or political obligation. Legal positivists believe that intellectual clarity is best achieved by leaving these questions for separate investigation.

Antecedents of legal positivism

The main antecedent of legal positivism is Empiricism, the thinkers of which range back as far as Sextus Empiricus, Thomas Hobbes, John Locke, George Berkeley, David Hume, and Auguste Comte. The main idea of empiricism is the claim that all knowledge of fact must be validated by sense experience or be inferred from propositions derived unambiguously from sense data. Further, empiricism is in opposition to metaphysics; for instance, Hume rejected metaphysics as mere speculation beyond what can be learnt from sense experience

The bhopal gas tragedy

[UNION CARBIDE CORPORATION VS UNION OF INDIA 4^TH MAY 1989 Bhopal gas tragedy];

INTRODUCTION

The Bhopal Gas Leak Tragedy that occurred at midnight of

2nd December, 1984, by the escape of deadly chemical fumes

from the appellant’s factory was a great industrial disaster

and it took an immediate toil of 2600 human lives and left

tens of thousands of innocent citizens of Bhopal physically

affected in various ways. As per the figures furnished by

the Union of India in its amended plaint a total number of

2,660 persons suffered agonising and excruciating deaths

between 30,000 to 40,000 persons sustained serious injuries

as a result of the said disaster.

Legal proceedings for the recovery of compensation for

the victims were initiated against the multi-national compa-

ny first in the U.S. Courts and later in Distt. Court at

Bhopal in Suit No. 113 of 1986. The present appeals concern

with the order dated 4th April, 1988 passed by the Madhya

Pradesh High Court whereby it modified the interlocutory

order dated 17.12.1987 made by the Distt. Judge and granted

interim compensation of Rs.250 crores. Both the Union of

India and the Union Carbide Corporation have appealed to

this Court against that order.

The Court by its order dated the 14th February, 1989

made in these appeals directed that there shall be an over-

all settlement of the claims in the suit for 470 million

U.S. Dollars and termination of all civil and criminal

proceedings. On May 4, 1989 the Court pronounced its reasons

for its aforesaid order dated 14.2.89thus:

The Statement of the reasons is not made with any sense

of finality as to the infallibility of the decision; but

with an open mind to be able to appreciate any tenable and

compelling legal or factual infirmities that may be brought

out, calling for remedy in review under Article 137 of

the Constitution. [132C-D]

129

The basic consideration motivating the conclusion of the

settlement was the compelling need for urgent relief. Con-

siderations of excellence and niceties of legal principles

were greatly over-shadowed by the pressing problems of very

survival for a large number of victims. [133A, C]

The instant case is one where damages are sought on

behalf of the victims of a mass disaster, and having regard

to the complexities and the legal question involved, any

person with an unbiased vision would not miss the time

consuming prospect for the course of the litigation in its

sojourn through the various courts, both in India and later

in United States. This Court considered it a compelling

duty. both judicial and humane, to secure immediate relief

to the victims. In doing so, the Court did not enter upon

any forbidden ground. What this Court did was in continua-

tion of what had already been initiated. [133E-F, H; 134A]

The range of choice for the Court in regard to the

figures was, therefore, between the maximum of 426 million

U.S. Dollars offered by Shri Nariman and the minimum of 500

million U.S. Dollars suggested by the Attorney General.

[134F-G]

Having regard to all the circumstances including the

prospect of delays inherent in the judicial process in India

and thereafter in the matter of domestication of the decree

in the United States for the purpose of execution, the Court

directed that 470 million U.S. Dollars which upon immediate

payment and with interest over a reasonable period, pending

actual distribution amongst the claimants, would aggregate

very nearly to 500 million U.S. Dollars or its rupee equiva-

lent of approximately Rs.750 crores which the Attorney

General had suggested. be made the basis of the Settlement.

[134G-H; 135A-B]

The Settlement proposals were considered on the premises

that the Government had the exclusive statutory authority to

represent and act on behalf of the victims and neither

counsel had any reservation as to this. The order was also

made on the premises that the Bhopal Gas Leak Disaster

(Registration and Processing of Claims) Act 1985 was a valid

law. [135B-C]

There might be different opinions on the interpretation

of laws or on questions of policy or even on what may be

considered wise or unwise; but when one speaks of justice

and truth, these words mean the same thing to all men whose

judgment is uncommitted. [140B-C]

The compulsions of the need for immediate relief to tens of

130

thousands of suffering victims could not wait till these

questions, vital though they be, are resolved in due course

of judicial proceedings. [142D-E]

A settlement has been recorded upon material and in

circumstances which persuaded the Court that it was a just

settlement. This is not to say that this Court will shut out

any important material and any compelling circumstances

which might impose a duty on it to exercise the powers of

review. Like all other human institutions, this Court is

human and fallible. What appears to the Court to be just and

reasonable in that particular context and setting, need not

necessarily appear to others in the same day. Which view is

right, in the ultimate analysis, is to be judged by what it

does to relieve the undeserved suffering of thousands of

innocent citizens of this country. [142F-G]

Decisions of courts cannot be reacted or altered or

determined by agitational pressures. If a decision is wrong,

the process of correction must be in a manner recognised by

law. All of those who invoke the corrective processes in

accordance with law shall be heard and the court will do

what the law and the course of justice requires. The matter

concerns the interests of a large number of victims of a

mass disaster. The Court directed the settlement with the

earnest hope that it would do hem good and bring them imme-

diate relief, for, tomorrow might be too ate for many of

them. But the case equally concerns the credibility of, and

the public confidence in, the judicial process. [143B, D-E]

Those who trust this Court will not have cause for despair.

JUDGEMENT

The following Order of the Court was delivered: ORDER The Bhopal Gas Leak tragedy that occurred at midnight on 2nd December, 1984, by the escape of deadly chemical fumes from the appellant’s pesticide-factory was a horrendous industrial mass disaster, unparalleled in its magnitude and devastation and remains a ghastly monument to the de-huma- nising influence of inherently dangerous technologies. The tragedy took an immediate toll of 2,660 innocent human lives and left tens of thousands of innocent citizens of Bhopal physically impaired or affected in various degrees. What added grim poignance to the tragedy was that the industrial-enterprise was using Methyl Iso-cyanate, a lethal toxic poison, whose potentiality for destruction of life and biotic-communities was, apparently, matched only by the lack of a pre-package of relief procedures for management of any accident based on adequate scientific knowledge as to the ameliorative medical procedures for immediate neutralisation of its effects.

It is unnecessary for the present purpose to refer, in any detail, to the somewhat meandering course of the legal proceedings for the recovery of compensation initiated against the multi-national company initially in the Courts in the United States of America and later in the District Court at Bhopal in Suit No. 113 of 1986. It would suffice to refer to the order dated 4 April, 1988 of the High Court of Madhya Pradesh which, in modification of the interlocutory- order dated 17 December, 1987 made by the learned District Judge, granted an interim compensation of Rs.250 crores. Both the Union of India and the Union Carbide Corporation appealed against that order.

This Court by its order dated 14 February, 1989 made in those appeals directed that there be an overall settlement of the claims in the suit, for 470 million US dollars and termination of all civil and criminal proceedings. The opening words of the order said:

“Having given our careful considera- tion for these several days to the facts and circumstances of the case placed before us by the parties in these proceedings, including the pleadings of the parties, the mass of data placed before us, the material relating to the proceedings in the Courts in the United States of America, the offers and counter-offers made between the parties at different stages during the various proceedings, as well as the complex issues of law and fact raised before us and the submission made thereon, and in particular the enormity of human suffering occasioned by the Bhopal Gas disaster and the pressing urgency to provide immediate and substantial relief to victims of the disaster, we are of opinion that the case is pre-emi- nently fit for an overall settlement between the parties covering all litigations, claims, rights and liabilities related to and arising out of the disaster ….. “

(Emphasis Supplied) It appears to us that the reasons that persuaded this Court to make the order for settlement should be set-out, so that those who have sought a review might be able effec- tively to assist the Court in satisfactorily dealing with the prayer for a review. The statement of the reasons is not made with any sense of finality as to the infallibility of the decision; but with an open mind to be able to appreciate any tenable and compelling legal or factual infirmities that may be brought out, calling for remedy in Review under Arti- cle 137 of the Constitution.

The points on which we propose to set-out brief reasons are the following:

(a) How did this Court arrive at the sum of 470 million US dollars for an over-all settle- ment?

(b) Why did the Court consider this sum of 470 million US dollars as ‘just, equitable and reasonable’?

(c) Why did the Court not pronounce on certain important legal questions of far reaching importance said to arise in the appeals as to the principles of liability of monolithic, economically entrenched multi-national compa- nies operating with inherently dangerous technologies in the developing countries of the third world–questions said to be of great contemporary relevance to the democracies of the third-world?

There is yet another aspect of the Review pertaining to the part of the settlement which terminated the criminal proceedings. The questions raised on the point in the Re- view-petitions, prima facie, merit consideration and we should, therefore, abstain from saying anything which might tend to pre-judge this issue one way or the other.

The basic consideration motivating the conclusion of the settlement was the compelling need for urgent relief. The suffering of the victims has been intense and unrelieved. Thousands of persons who pursued their own occupations for an humble and honest living have been rendered destitute by this ghastly disaster. Even after four years of litigation, basic questions of the fundamentals of the law as to liabil- ity of the Union Carbide Corporation and the quantum of damages are yet being debated. These, of course, are impor- tant issues which need to be decided. But, when thousands of innocent citizens were in near destitute conditions, without adequate subsistential needs of food and medicine and with every coming morrow haunted by the spectre of death and continued agony, it would be heartless abstention, if the possibilities of immediate sources of relief were not ex- plored. Considerations of excellence and niceties of legal principles were greatly over-shadowed by the pressing prob- lems of very survival for a large number of victims. The Law’s delays are, indeed, proverbial. It has been the unfortunate bane of the judicial process that even ordinary cases, where evidence consists of a few documents and the oral testimony of a few witnesses, require some years to realise the fruits of litigation. This is so even in cases of great and unquestionable urgency such as fatal accident actions brought by the dependents. These are hard realities. The present case is one where damages are sought on behalf of the victims of a mass disaster and, having regard to the complexities and the legal questions involved, any person with an unbiased vision would not miss the time consuming prospect for the course of the litigation in its sojourn through the various courts, both in India and later in United States.

It is indeed a matter for national introspection that public response to this great tragedy which affected a large number of poor and helpless persons limited itself to the expression of understandable anger against the industrial enterprise but did not channel itself in any effort to put together a public supported relief fund so that the victims were not left in distress, till the final decision in the litigation. It is well known that during the recent drought in Gujarat, the devoted efforts of public spirited persons mitigated, in great measure, the loss of cattle-wealth in the near famine conditions that prevailed. This Court, considered it a compelling duty, both judi- cial and humane, to secure immediate relief to the victims. In doing so, the Court did not enter upon any forbidden ground. Indeed, efforts had earlier been made in this direction by Judge Keenan in the United States and by the learned District Judge at Bhopal. What this Court did was in continuation of what had already been initiated. Even at the opening of the arguments in the appeals, the Court had suggested to learned counsel on both sides to reach a just and fair settlement. Again, when counsel met for re-scheduling of the hearings the suggestion was reiterated. The response of learned counsel on both sides was positive in attempting a settlement, but they expressed a certain degree of uneasiness and scepticism at the prospects of success in view of their past experience of such negotiations when, as they stated, there had been uninformed and even irresponsible criticism of the attempts at settlement. The learned Attorney General submitted that even the most bona fide, sincere and devoted efforts at settlement were likely to come in for motivated criticism. The Court asked learned counsel to make available the particulars of offers and counter offers made on previous occasions for a mutual settlement. Learned counsel for both parties furnished particulars of the earlier offers made for an overall settlement and what had been considered as a reasonable basis in that behalf. The progress made by previ- ous negotiations was graphically indicated and these docu- ments form part of the record. Shri Nariman stated that his client would stand by its earlier offer of Three Hundred and Fifty Million US dollars and also submitted that his client had also offered to add appropriate interest, at the rates prevailing in the U.S.A., to the sum of 350 million US dollars which raised the figure to 426 million US dollars. Shri Nariman stated that his client was of the view that amount was the highest it could go upto. In regard to this offer of 426 million US dollars the learned Attorney-General submitted that he could not accept this offer. He submitted that any sum less than 500 million US dollars would not be reasonable. Learned counsel for both parties stated that they would leave it to the Court to decide what should be the figure of compensation. The range of choice for the Court in regard to the figure was, therefore, between the maximum of 426 million US dollars offered by Shri Nariman and the minimum of 500 million US dollars suggested by the learned Attorney General. In these circumstances, the Court examined the prima facie material as to the basis of quantification of a sum which, having regard to all the circumstances including the prospect of delays inherent in the judicial-process in India and thereafter in the matter of domestication of the decree in the United States for the purpose of execution and di- rected that 470 million US dollars, which upon immediate payment and with interest over a reasonable period, pending actual distribution amongst the claimants, would aggregate very nearly to 500 million

Covid -19, Society and Law

Introduction

Humankind is going through a new and unprecedented experience with the rapidly spreading Covid-19 pandemic. We still do not know who ‘patient zero’, the first person to be infected and transmit it to others, was. The severity of this virus, which has caught the world by surprise, lies not only in the delay of laboratories in finding an effective and efficient vaccine, but also in the fact that the measures taken to counter it differ considerably from what was previously adopted to confront various acute crisis, whether health, political, social or economic.

There is no doubt that the Covid-19 pandemic will change the face of human society, but it forces us to ask some important questions. Will this change only affect the healthcare systems, or will it extend to consumption patterns, value systems, political regimes and legal systems, thus leading to the fall of the huge financial and economic empires? Will the major transformations the world will undergo be determined by how we recover from the effects of this situation?

According to the World Health Organization, the problem does not lie in Covid-19 alone but rather in the fear, panic and terror caused by the spread of this virus, and amplified by the media, which has been presenting the situation as if it were the end of the world. Barring the measures adopted by China, where the virus originated, the methods used to manage the crisis around the world are somewhat similar. To some extent, China succeeded in curtailing the spread of the virus, thanks to the spirit of discipline in its people, and due to its health infrastructure, the plethora of research centres and laboratories, and the ability to control the sources of information from the onset. Most other countries have wasted precious time after the first cases appeared, relying on legal and security control in dealing with the pandemic and information about it, rather than establishing a single entity to disseminate information backed by science.

The current crisis is not of the pandemic alone. Rather, it is of the far-reaching consequences on human behaviour. Addressing these repercussions should not be limited to taking ad-hoc costly measures limited to the current situation but should prompt us to think about putting into place innovative measures and actions that go beyond the pandemic. Measures like imposing quarantines, enacting new laws to manage the pandemic, using modern tools for e-learning and telework, ensuring a minimum standard of living for all, granting loans, exemptions from paying water and gas bills and taxes, assisting the unemployed, and using the military to assist in security measures during the epidemic have cost countries billions of dollars. These are funds that could have been invested in infrastructure or other major projects, but instead have now been used to respond to the immediate needs of the people.The pandemic will radically change the modern world, leading to three likely outcomes.

The first outcome

A new theory will be integrated within political science in the future. Indeed, traditional legitimacies in the systems of government, which are derived from ballot boxes, hereditary legitimacy or religion, are beginning to decline, leaving room for a new theory called the “theory of achievements”. Since the Cultural Revolution of Mao Zedong in the 1960s, China has worked on this emerging legitimacy, as the Chinese Communist Party has distinguished itself from the rest of the Communist parties in the world.

The second outcome

The traditional conflict between wrong information and right information will transform into a conflict between convincing information and unconvincing information, as legal arsenals and control tools are no longer effective in the spread and prevalence of correct information. The method of producing information and choosing its dissemination channel is becoming a means of turning it into convincing information, regardless of if it is true or false.

The third outcome

The process of monitoring people will transition from external to internal control using smartphones. This is also what happened in China, to curb down on misinformation on Covid-19 during its early stages and as a preventive measure in the absence of a vaccine. These smart devices have become effective tools for measuring citizens’ reactions at home to what is happening in their surroundings.

A coming human revolution

Humankind is going through a humanitarian revolution, the kind that has occurred only thrice before: first, after the discovery of fire; second, with the advent of agriculture; and third, following the industrial revolution. The most prominent sign of this ‘fourth revolution’ is the predominance of new technology and the supremacy of modern means of communication, which have spawned a conflict between two major concepts of using the internet. The first can be described as social perception with a human connect, while the second is non-social perception, and can be termed as wild and unbridled. The humanitarian-minded perception is likely to win this conflict, as this human revolution is making its mark on our social existence and old behaviours. This will impact the current value system and will have political andeconomic implications.

The post-epidemic stage will see the emergence of a new human being, whose daily behaviour and thinking will differ from what it was before the Covid-19 outbreak. The political, legal and economic systems will have to adapt to this new human being. Despite the timely importance of the current safety measures being put into action around the world, there is a great need for these to be integrated into a comprehensive post-pandemic thinking. In fact, we will find ourselves faced with a generation who thinks differently from the pre- pandemic generation.

In light of the impact of Covid-19 on the individual and collective behaviours of society and State, and people’s continued thirst for information, it is necessary to keep in mind the post- pandemic world when it comes to decision-making. The Covid-19 storm will pass and mankind will survive, despite the loss of many lives. Humankind will soon live in a world that is very different from the one before the virus. However, the pandemic will succeed where the other movements of the 20th century have failed in their struggle to establish democracy and human rights, and preserve a safe environment for all.

Doctrine of Notice

INTRODUCTION

The concept of Notice for the purpose of The Transfer of Property is given under Section 3 of Transfer of Property Act, 1882 (TPA). Notice means to have knowledge of something i.e. to know something. In law, it means knowledge of a fact. It is used to decide on conflicting claims of two parties. In law, the Notice or Knowledge of a fact affects one’s legal rights and liabilities.

Under Section 3 of TPA Notice can be; “Actual or express Notice” or “Constructive Notice”, or it may be imputed to the transferee when information of the fact has been obtained by his Agent.

Constructive notice

It is based on the law of presumption or it is presumed that in certain circumstances that the person knows the fact. He cannot afterwards say against it. This type of notice can be divided into five.

Notice imputed by wilful abstention from enquiry
Notice from gross negligence
Notice by registration
Notice by possession
Notice by agent

Actual notice.- Actual notice, to constitute a binding force, must be definite information given by a person interested in the thing in respect of which the notice is issued, as it is settled rule that a person is not bound to attend to vague rumours or statements by mere strangers, and that a notice to be binding must proceed from some person interested in the thing. A mere casual conversation in which knowledge of a certain thing is imparted, is not notice of it, unless the mind of a person has, in some way been brought to an intelligent apprehension of the nature of the thing, so that a reasonable man or any normal man of business would act upon the information, and would regulate his conduct accordingly. In other words, the party imputing notice must show that the other party had knowledge which would operate upon the mind of any rational man, or man of business, and make him act with reference to the knowledge he has so acquired. A vague or general report or the mere existence of suspicious circumstances is not in itself notice of the matter to which it relates. A general claim is not sufficient to affect a purchaser with notice of a deed of which he does not appear to have knowledge. If a person knows that another has or claims an interest in property for which he is negotiating he is bound to inquire what his interest is, and if he omits to do so, he will be bound, although the notice was inaccurate as to the particulars to the extent of such interest.

The notice must be given in the same transaction. A person is not bound by notice given in a previous transaction which he may have forgotten. Notice to a purchaser by his title papers in one transaction will not be notice to him in an independent subsequent transaction in which the instruments containing recitals are not necessary to his title, but he is charged constructively with notice merely of that which affects the purchase of the property in the chain of title of which the payer forms the necessary link.

Constructive notice.- Constructive notice is the knowledge which the Courts impute to a party upon a presumption so strong that it cannot be allowed to be rebutted, that knowledge must have been communicated. “The doctrine of constructive notice” said Lord Brougham in Kennedy v. Green, depends upon two considerations first that certain things existing in relation or the conduct of parties, or in the case between them, begets a presumption so strong of actual knowledge that the law holds the knowledge to exist because it is highly improbable it should not, and next, that policy and safety of the public forbids a person to deny knowledge while he is so dealing as to keep himself ignorant or so as that he may keep himself ignorant, and yet all the while let his agent know, and himself perhaps, profit by that knowledge. The broad principle underlying the doctrine of constructive notice is that a person who is bound to make an inquiry and fails to do it should be held to have notice of all facts which would have come to his knowledge had he made the inquiry. Where, on the other hand, a person is not bound to make an inquiry he cannot be charged with constructive notice of the facts that might havebeen ascertained on such inquiry. Again, where a fact, of which a person has notice, would not put him on inquiry as to the matters in question, it cannot be constructive notice of such matter.

Classes of constructive notice

(1) Wilful abstention from search which one ought to make.
(2) Gross negligence.
(3) Registration as a notice.
(4) Possession as notice.
(5) Notice to agent
(5.1)Notice should have been received in his capacity as agent.
(5.2)Notice must have been given in the course of agency business.
(5.3)Notice must be of a fact which is material to the Agency Business.
(5.4)Fraud by an agent.

Conclusion

Thus it can be said that Constructive notice is a manifestation of the rule of Caveat Emptor. This is because according to Constructive notice, a person ought to have known a fact as if he actually does know it. It presupposed that in property translation a transferee ought to ascertain and verify certain facts for safeguarding his own interest. Thus he must be aware of the nature of the transaction. These facts may relate to property or the transferor, like whether the property is free of any charge or encumbrances or whether the transferor is competent to transfer the property or not.

If the property is encumbered, then the exact nature of the encumbrance ought to be ascertained by the transferee. Law puts it as the duty of the transferee, as a reasonably prudent person to be reasonably vigilant and diligent to ascertain the facts, inspect the documents relating to property in possession of the transferor, inspecting concerned persons, even with relevant statutory authorities, if required. Failure to do this would result in the imposition of Constructive notice.

MALARIA PREDICTION

MEETALI SONI

Malaria is a blood disease caused by a parasite called plasmodium; transmitted from humans by the female Anopheles mosquito. Different malaria symptoms help us to predict that a person is suffering from malaria. In 2019, there are a total of 409,000 deaths in the world are due to malaria, so it is very important to the prognosis, it is an efficient and effective way.

. We will be using KNN, DECISION TREE, LOGISTIC REGRESSION, and SVM for classifying the result. Then we will compare all the results given by these algorithms. First, we will convert the data set in 0 or 1 to fit for the classification and then predict.

Now calculating all the training and testing scores by comparingKNN, DECISION TREE, LOGISTIC REGRESSION, SVMbased on training and testing scores we get:

All four algorithms are supervised machine learning algorithms.

Algorithms	Training scores	Testing Scores
KNN	0.67	0.65
DECISION TREE	0.968	0.612
LOGISTIC REGRESSION	0.67	0.708
SVM	0.67	0.71

K-Nearest Neighbor(KNN)

KNN is a nonparametric, lazy learning algorithm. Its purpose is to use a database with the data points, divided into the number of classes to predict the classification from the point of view of a specimen.

The steps for the calculation of the K-nearest neighbors:

1. Set the parameter K= number of nearest neighbors.

2. To calculate the distance between the study and all of the training samples.

3. The sort of distance, and defined, the nearest neighbors based on the Kth minimum distance.

4. Collect the category of the y-nearest neighbors

5. The use of a simple majority of the categories, of which the nearest neighbors, the forecasted value of the query instance.

DECISION TREE

A decision tree is similar to that of a flow chart: each internal node represents a “test” as an attribute (for example, if a flip was heads or tails), each case is the result of the test, and in each of the last node, the node labels in a class, if a decision is taken, after that take into consideration all of the attributes).

There are some impurity measure are there like

Entropy
Gini index/ Gini impurity

Entropy

Entropy is the amount of information that is needed to accurately describe an example of this. So, if the sample is homogeneous, then all the records in which the entropy is 0; otherwise, if the test is a multiple of equal, the larger the entropy is a maximum of 1.

So, on the left of the cup, it is the lowest level of entropy, in the middle of the cup has more entropy, and to the right of the cup with the greatest entropy.

Mathematically written as,

Gini index / Gini impurity

The Gini index is a measure of income inequality. It has a value between 0 and 1. A Gini index value of 0 means that there is a need to be perfectly consistent, not all of the elements are the same, while the Gini index with a value of 1 implies that there exists a maximal inequality among them. This, the sum of the squares estimates in each of the classes. This is because, as described below,the

LOGISTIC REGRESSION

The logistic regression model is a statistical model that in its basic form uses a logistic function to model a double, the dependencies of variables, even though many of the more complex add-ons. In regression analysis, logistic regression is estimating the parameters of a logistic model of the binary regression model for the form

Support Vector Machine

SVM is one of the most popular and versatile machine learning algorithms. It is widely used for classification problems, for regression problems. However, on this subject, let’s talk about the classification of the trouble. It is generally the preferred choice for medium-sized to small data set sizes.

The main task of the SVM is to find the optimal hyperplane, the line that divides the data points of the components, and the two terms of the highest profit margin .

“CHARLES BABBAGE” Biography

“Charles Babbage” is the father of “Computer”. He was born on December 26, 1791 in London. His father’s name was Benjamin Babbage and mother’s name was Betsy Plumleigh Babbage. Charles was one of the four children born to Benjamin Babbage who was a banker and merchant. The Babage family was wealthy.

Charles received much of his early education from private tutors. In 1810 he entered Trinity College of Cambridge University. There he found that he knew more about Mathematics then his instructors in 1814 the same year of Charles graduation from Cambridge. Same year, he married Georgiana Whitmore. They had 8 children together but only 3 live beyond childhood after his graduation he lectured on astronomy at the royal Institution and in 1816 was elected a fellow of the Royal Society in 1820 he helped to established the astronomical society in 1822 Charles began work on his difference engine. That machine or capable of performing mathematical calculations. At the time numerical tables were calculated by humans which resulted in high error rates in the table they produced his first prototype which was not finished during Charles lifetime was composed of 25,000 parts and would have weighed around 15 tons. A second prototype was also designed by Babbage the London science museum constructed the machine from Babbage original plan in 1991. It performed its first Calculation at the Science Museum London returning result 231 digits Babbage then began work on a more advanced machine known as the analytical engine. This machine can be programmed through a series of hole punched cards and intended to use several techniques that are still used in modern computing. In 1838, he invented the pilot a metal frame in front of locomotives that clears the tracks of obstacles and designed a dynamometer car that would record the progress of the locomotiv. Babbage also invented an ophthalmoscope, which is used in eye examination. Charles Babbage died on October 18, 1871, at the age of 79. “PERHAPS IT WOULD BE BETTER FOR SCIENCE. THAT ALL CRITICISM SHOULD BE AVOWED”.

SOCIAL MONITORING

MEETALI SONI

ABSTRACT: With sосiаl mоnitоring, yоu саn “listen” in tо соnversаtiоns thаt рeорle аre hаving аbоut yоu аnd the tорiсs yоu’re interested in, withоut hаving tо рhysiсаlly сheсk оut every messаge, every роst, аnd every reрly оn every sосiаl netwоrk. So this blogs explains all about the social monitoring in a very simple manner.

Social Monitoring

Sосiаl mоnitоring, аlsо knоwn аs sосiаl mediа mоnitоring, sосiаl mediа meаsurement,оr sосiаl listening, is the рrосess оf trасking соntent оn sосiаl mediа sites, blоgs, news sites, wikis, fоrums, messаge bоаrds, аnd оther websites аs а wаy tо find оut whаt рeорle аre sаying аbоut yоur brаnd, yоur соmрetitоrs, yоur industry, yоur рrоduсts оr serviсes, аnd just аbоut аnything else yоu’re lооking tо leаrn аbоut.

Purpose of Social Monitoring

Sосiаl mediа mоnitоring саn helр yоu gаin insights аbоut yоur brаnd’s visibility оnline by better understаnding hоw оften yоu’re being mentiоned in соnversаtiоn. It саn helр yоu meаsure the imрасt оf yоur саmраigns by finding оut if there’s а buzz аrоund them аnd leаrning whаt рeорle аre sаying аbоut them. It саn helр yоu identify орроrtunities fоr engagements with yоur аudienсe аnd imрrоve yоur сustоmer serviсe levels by аllоwing yоu tо resроnd tо every mentiоn оf yоur brаnd, gооd оr bаd.

Advantages of Social Monitoring

Рrоvide Better Сustоmer Serviсe.
Leаrn Whаt Yоur Сustоmers Might Never Tell Yоu.
Рut Оut Fires Befоre They Beсоme а Рrоblem.
Sрy Оn Yоur Соmрetitоrs.

Artificial Intelligence

Аrtifiсiаl intelligenсe (АI) is the simulаtiоn оf humаn intelligenсe рrосesses by mасhines, esрeсiаlly соmрuter systems. Sрeсifiс аррliсаtiоns оf АI inсlude exрert systems, nаturаl lаnguаge рrосessing (NLР), sрeeсh reсоgnitiоn аnd mасhine visiоn.

AI Role in Social Monitoring

АI рlаys а key rоle in mоnitоring sосiаl mediа рlаtfоrms аnd оther сustоmer review fоrums . Sinсe sосiаl shаring соntinues tо imрrоve асrоss different рlаtfоrms, аs а result,brаnds fасe а seriоus сhаllenge when it соmes tо mоnitоring whаt сustоmers sаy оn these рlаtfоrms.

With the оverwhelming feedbасk аnd reviews thаt businesses reсeive оn these рlаtfоrms, it is imроrtаnttо аdорt аn аdvаnсed mоnitоring tооl. This ensures thаt the соmраny’s reрutаtiоn is nоt hаrmed оnline.

Thrоugh the use оf аrtifiсiаl intelligenсe, businesses саn effeсtively mоnitоr mentiоns оn sосiаl mediа.The АI аlgоrithms helр in identifying а сustоmer whо is соmрlаining аbоut the serviсes reсeived .The sаme аlgоrithms саn be used tо identify роsitive соmments frоm the сustоmers. The business саnthen shаre the роsitive соmments, whiсh helр in building their оnline reрutаtiоn. Suсh а tооl helрs tоensure thаt аny оnline mentiоn is аnаlyzed аnd сlаssified аs а роsitive соmment оr negаtive соmment.

The negаtive соmments аre quiсkly асted uроn tо guаrd the reрutаtiоn оf а соmраny.

Sentimental Analysis in Social Monitoring

With teсhnоlоgy’s inсreаsing сараbilities, sentiment аnаlysis is beсоming а mоre utilized tооl fоr businesses. Sосiаl mediа mоnitоring tооls use it tо give their users insights аbоut hоw the рubliс feels in regаrd tо their business, рrоduсts, оr tорiсs оf interest.

It’s widely used by emаil serviсes tо keeр sраm оut оf yоur inbоx аnd by review websites tо reсоmmend new соntent like films оr TV shоws.

Hоwever, it hаs been used in mоre murky сirсumstаnсes. Fасebооk, fоr exаmрle, саme under fire when it wаs disсоvered they were using sentiment аnаlysis tо see if they соuld mаniрulаte рeорle’s emоtiоns by аltering their аlgоrithms tо injeсt negаtive оr роsitive роsts mоre frequently intо their users’ news feeds.

Lаnguаge Mоdel аnd Sentiment Сlаssifier

In оrder tо build the сlаssifier, we first сreаte а lаnguаge mоdel using аn NLР teсhnique саlled trаnsfer leаrning. During trаnsfer leаrning, we use аn existing mоdel thаt wаs trаined оn а bigger dаtаset. The dаtаset used is а сleаned subset оf Wikiрediа саlled Wikitext-103, whiсh is а соlleсtiоn оf оver 100 milliоn tоkens extrасted frоm аrtiсles оn Wikiрediа.

The Wikitext dаtаset hаs been trаined with а deeр leаrning mоdel thаt рrediсts whаt the next wоrd in а sentenсe is, with its inрut being аll the wоrds thаt рreсede it. The mоdel uses а reсurrent neurаl netwоrk аrсhiteсture (RNN), whiсh inсludes а hidden stаte thаt is uрdаted eасh time it sees а new wоrd. The hidden stаte соntаins infоrmаtiоn аbоut the sentenсe frоm аll the рreviоus wоrds uр tо thаt роint.

This dаtаset will be used аlоng with the Аmаzоn reviews dаtаset tо сreаte the lаnguаge mоdel. The Wikitext mоdel аlreаdy understаnds the English lаnguаge, but оnly the tyрe thаt is used in Wikiрediа. Sо this mоdel is fine-tuned with the Аmаzоn dаtаset sо thаt it leаrns the tyрe оf English used in Аmаzоn reviews. The finаl lаnguаge mоdel leаrns the versiоn оf the English lаnguаge fine-tuned tо the style we wаnt аnd сreаtes а vосаbulаry thаt will be used tо then build the sentiment сlаssifier.

Internet and Mobile Association of India v. Reserve Bank of India

Statement of Facts

On 5th April,2018 Reserve Bank of India issued a press release raising the concern about the consumer protection from trade of virtual currencies. They were of the view that trading in virtual currency also referred as crypto currency are prone to hacking and therefore would lead to money laundering, terrorist activities, etc. In this view RBI asked the banks to not to deal with the transactions related to the trading of virtual currency.
The services which RBI directed the bank not to deal with were – maintaining the accounts, registering, trading, settling, clearing, giving loans against virtual currencies, accepting virtual currency as collateral, opening accounts of exchanges dealing with them and transfer of sale/purchase of virtual currencies.
The matter was challenged by Internet and Mobile Association of India. The Supreme Court of India allowed the petition on the ground of proportionality. Earlier in 2013 the Reserve Bank of India do issued a public caution to the traders and holders of virtual currency in context with the legal and security related risks associated with it.

Issues Raised

Whether the Reserve Bank of India had the jurisdiction to disallow the trade of virtual currency?
Whether the Respondent had the powers to regulate virtual currency as they were not equivalent to money or legal tender?
Whether the circular which was issued by the RBI was proportional?

Critical Analysis of the Case

A step in the right direction was taken by the Supreme Court of India, in the judgment of Internet and Mobile Association v. RBI. The court quashed the circular of the RBI that directed financial agencies to disocciate themselves from entities involved in virtual trading or transactions relating to VC’s. Some of the concerns that led to the issuance of circular include the anonymity of the transactions and the protection of investors when dealing in cryptocurrency. The major apprehension of the RBI was the inherent difficulty in tracking the source of money which has led to an increase in the number of cryptocurrency scams in the country. Still a very volatile technology, we have not had enough discussion around its shortcomings, leading to an adverse preference of this technology in the monetary circuit.

The Petitioner relied on the case of MS Gill v. Chief Election Commissioner, which led that there was an express prohibition of any authority to do anything which may improve its case. The contention of the petitioners rested on the premise that denial of banking services to those activities of trade recognized by law, would be extremely disproportionate, leading to the violation of extremely disproportionate, leading to a violation of Article 19(1)(g) of the Constitution. Therefore, an understanding of whether there was an infringement of this constitutional right was necessary and to this end, the court relied on the case of Md. Yasin v. Town Area Committee, which makes it amply clear that the right under article 19(1)(g) would be affecyted “In effect and in substance” when there is a complete stoppage of a particular business activity, owing to a certain measure that was undertaken. In Keshavlal Khemchand and Sons Pvt. Ltd. v. Union of India, the court pointed out that “Reserve Bank of India is an expert body to which the responsibility of monitoring the economic system of the contry is entrusted, under various enactments like the RBI Act, 1934, the Banking Regulation Act, 1949.”

The judgement of the court has started an effective discussion on lines that were never traversed before, and while that is indeed commendable, we need to look ahead and anticipate the potential risks on the economy. With that in mind, VC’s promise a more feasible future, especially in this era where people are connected through technology in ways previously unimaginable. Various stakeholders have posted many suggestions, particularly with regarding to creating a model that can monitor and regulate crypto currency, without bringing a blanket ban of the same, which ought to be considered by the government in the light of pending bill. What we need to do is find a balance and not discourage startups from adopting this technology, and if this is ignored, India could be handicapped from exploring opportunities that crypto currencies have to offer. Instead of shying away from addressing these concerns, we need to be proactive and have a structured policy in pace to assuage any potential concerns in the future.

HAPPY FRIENDSHIP DAY

Meetali soni
Friendship Day is celebrated on the first Sunday of August every year. Best friend by your side is one of the best gifts you can ever get from God.The day celebrates the beautiful bond of friendship regardless of gender, religion and caste. There is indeed a story behind dedicating this day to friendship. It is said that once the US government had killed a person, who had a friend who committed suicide in the sorrow of his friend’s death. Honouring the depth of their friendship, this day was named as friendship day in America in 1935 and thus began the celebration of Friendship Day. Today, Friendship Day is celebrated with LOVE all over the world. There is hardly anyone who does not have a friend or who does not know the importance of friendship.
We all have friends in the life . We all are like to spend time with friends. There is hardly anyone who does not have a friend or who does not know the importance of friendship. Today, it is difficult to find a true friend, and if you have a true friend, life becomes very happy. International Friendship day is therefore celebrated around the world in order to create awareness and encourage them to instil the sense of friendship in every relationship. People take up variant forms of greeting their best friends some of which include friendship day essays, wishes, messages, parties, friendship day gifts and many more. Friendship is another word for love and even when most loved ones. No matter, how far two people are living from each other, there ought to be a bond connecting them. Friendship does not need any formalities and the need to feel bad about anything that happens that can be an awkward situation otherwise. It is one such pure relationship that helps us in developing a sense of friendship independence and feel being protected from the anguishes and storms of life. A person should consider himself/herself one of the luckiest persons on the earth if he/she has a true and sweet friend in their life. Real friends give us any sweet and pleasurable memories to rejoice for. None of us will ever want to lose a true friends as that’s where we find our self most comfortable. We need friends all the time, and if a true friend is with us, then the thing is different. For any need, we can take help from friends and live the best life. We are moving forward in this modern era. People who cannot give time to their friends, Friendship Day motivates all those people to meet their friends. This day reminds us of the importance of friends. This friendship day brings us closer to our friends and brings lots of happiness in life.

Celebration

On the occasion of Friendship Day, many friends congratulate their friends by giving them flowers and cards and hanging out with their friends. They happily embrace or cherish this moment, by hugging each other. Many times friends keep a small party at their home or friends house on the occasion of this friendship day. They seek just one chance to meet their friends on this day. On this day, each friend gives a friendship band to another friend. Friendship day has great importance in life.

How important is taking covid-19 vaccine

The vaccine will help us achieve two things — one, it will further bring down the mortality, and secondly, it will bring down the number of cases. Eighty-four per cent of COVID deaths occur in people above 50, who develop severe illness because of other comorbidities such as diabetes, kidney disease, chronic respiratory diseases. If we reduce the severity of the disease in this group, we will be able to bring down the mortality rate. Besides, if you are able to vaccinate a significant number of people, this together with people who have developed immunity naturally because they have had the disease, will help us acquire herd immunity. This will help us to return to a near normal life.

Do you think COVID-19 can be reduced to common cold and cough disease in the coming time?

With the second wave of the Covid infection showing no respite, our best bet is in getting vaccinated. “In India, the two vaccines approved for use are COVISHIELD and COVAXIN. Recently, the Sputnik V vaccine was also approved for launch in India. It is a Russian two-dose vaccine given 3 weeks apart, having an efficacy of 91 per cent

The currently licensed vaccines — COVISHIELD and COVAXIN — are found to be safe and effective. While COVISHIELD has been found to have almost 70-90 per cent efficacy, COVAXIN shows 81 per cent efficacy, which means if 100 people get the vaccine, around 70-90 of them will not be having asymptomatic COVID disease, the doctor explains.

Getting vaccinated can decrease the chances of hospitalisation and requirement of supplementation of oxygen with more chances of recovery at-home,”

It’s been suggested vaccinated people have less chance to develop symptomatic Covid infection. She adds, “The data has to be analysed for statistical significance.”

A vaccinated individual may develop antibodies that can neutralise the virus, and break the chain of transmission. This leads to the development of herd immunity once the significant population is vaccinated and has circulating

She also adds, “Vaccinated individuals can have a faster recovery after two doses of vaccine.”

The doctor shares some easy tips to boost your immunity after getting vaccinated. “You should drink adequate lukewarm water throughout the day to keep yourself hydrated. Make sure you practise yoga especially, pranayama and meditate for at least 30 minutes every day. Pranayama helps in increasing our lung capacity.”

Always take light, easily digestible and nutritious food and avoid eating junk food. Take adequate sleep for at least 7-8 hours daily.

Most importantly, maintain personal hygiene. wash hands frequently for a minimum of 20 seconds with soap and water, practise social distancing and use homemade masks/double mask whenever stepping out.

Can a good leader change a country from swamps to Skyscraper?

The Success story of Singapore – The vision of its first Prime minister — Lee Kuan Yew

At one degree north of the equator, tropical Singapore has become a hotspot known for its efficient infrastructure, rooftop bars, chilli crab, and host city to the only night race on the Formula 1 racing calendar.

Often dubbed as the “Monaco of the East”, the red dot has beaten a path to steady economic progress and prosperity since the 1970s.

Much of the city’s success can be attributed to the vision of one man – Lee Kuan Yew, Singapore’s first prime minister who was in office from 1959 to 1990.

The tenure made him the world’s longest-serving prime minister in history. Singapore broke away from neighbouring Malaysia and gained independence in 1965.

About half a century ago, Singapore was an island without any natural resources to call its own.

Since then, it has pulled off a dramatic transformation – boasting two casino-integrated resorts and an airport that has frequently topped the “world’s best” list.

In addition, the central business district is crowded with skyscrapers that rival neighbouring Hong Kong and mid-town Manhattan in far-flung New York.

Mr Lee was not one to shy away from his achievements for Singapore. The second volume of his published memoirs carries the title, From Third World to First: The Singapore Story: 1965-2000. To help sum up his economic triumphs for the city state, several experts shared their views on Lee Kuan Yew’s economic legacies for Singapore.

HOW did all this happen?

I’ll try to summarise the legacy for you

Attractive destination

Lee Kuan Yew’s emphasis on growth, the thrust on making Singapore attractive as a destination for investment as well as the focus on drawing world class manpower; building state of the art infrastructure and excellent air and sea linkages; a low and transparent tax regime; clean and efficient bureaucracy; a strong regulatory and legal framework; a neutral diplomatic policy which has ensured it is an ally of the US as well as China; and developing a clean and green city, have ensured Singapore’s stupendous economic success. These factors have led to the emergence of Singapore as a powerful and wealthy financial centre.

Legacy of a luminary

A trained lawyer, this visionary leader was Singapore’s chief architect in harnessing social cohesion despite ethnic and religious diversity; and in engineering an economic miracle.

His defining economic policy is arguably uncompromising standards for a universally accessible, top-flight public education system – astutely identifying human capital as Singapore’s key competitive advantage – supplemented with rigorous application of meritocracy.

This understated principle accelerated economic ascendancy by unleashing the forces of upward social mobility for all, with little tolerance for complacency or corruption. Complemented by a fair and transparent judiciary, businesses thrived.

But above all, Mr Lee’s principled approach to nation building forged his legacy as a luminary.

Unparalleled set-up

Lee Kuan Yew performed a miracle transforming Singapore from one of the poorest countries in the world in the 1960s to being among the most advanced today.

His main contribution, and the key to his success, was that he understood that in order to put Singapore on a sustainable growth trajectory one needs much more than sound economic policy.

Any policy can be reversed, any incentives for growth can be dismantled. Mr Lee built a country whose institutional set-up is unparalleled.

This includes the rule of law; efficient government structures; the continuous fight against corruption; and overall stability.

Immigrant integration

Lee Kuan Yew’s vision was to build an economically sound country that would be robust enough for future generations. But he knew Singapore had limitations.

To achieve his dream, he had to change the mindset of its then population of around two million people. Singaporeans had to be more welcoming to immigrants if the country were to grow.

The population needed to expand by continually attracting high-calibre people who would create employment, bring in much-needed capital and most importantly, pass on their key skills. Thanks to Lee Kuan Yew’s vision that Singapore is as welcoming to immigrants today as it was 50 years ago.

It is the integration of foreign and home-grown talent that has allowed the country to enjoy decades of economic growth.

The economic value of every person in Singapore today is as high as that of the US.

Regional hub

After the separation from Malaysia, Lee Kuan Yew developed a highly technocratic government which led to competitive, meritocratic and results-based economic policies.

Some key decisions were the development of Changi Airport as a regional transport hub after Singapore outgrew the previous Paya Lebar airport, which was a state-of-the-art facility when it opened in the 1950s.

The air hub and the aggressive defence of Singapore as a sea freight trans-shipment hub – as well as the technocratic foundations of transparency and good governance – led to Singapore’s position as a natural hub for multinational businesses in Asia.

Other key positive economic policies included the Central Provident Fund, Housing Development Board flat ownership and integrated education, which all helped Singapore transition from a village setting towards towns and the highly sophisticated cosmopolitan global city we see today.

The unfortunate event

However bright a star is, Even though it has given life, Helped lives sustain, the star has to run out of energy one day…

Mr. Lee kuan yew died on 23 March 2015 in Singapore General Hospital.

What lies ahead for Singapore ?

Singapore is one of the most competitive economies in the world today.

In order to maintain rising wages and improving living standards, Singapore will continue to transform its economy towards higher-value-added industries with strong productivity growth.

However, There are downside risks to growth which stem from rising income inequality and restrictions on free speech.

There is an attempt to widen the social security net, which could partially ease signs of unrest in a local population grappling with the high cost of living.

The government will have to strike a fine balance between being fiscally prudent and expanding welfare schemes, in order to retain its high sovereign ratings.

A population that is social media savvy is also more politically engaged and this will mean that a higher proportion of younger voters will demand the right to dissent.

Key growth drivers for Singapore over the next decade will be Singapore’s role as one of the world’s leading financial centres; its competitiveness as a logistics, shipping and aviation hub; and its role as a regional HQ for global multinationals.

The long-term outlook for Singapore remains very bright.

Feminism and Pseudo-feminism

“You educate a man; you educate a man. You educate a woman; you educate a generation.”

‘Feminism,’ in simple terms, means no gender should be treated with any injustice. They should receive equal treatment. But, off late, there’s developing a replacement sort of feminism that’s rightly called pseudo-feminism. Pseudo-feminists have a deep desire to remedy all the injustices inflicted on women, often by lashing out and demeaning at men. What they forget is that the fundamental essence of the movement towards feminism: equality. Another form of pseudo-feminism is comfort feminism. We often don’t know it , but pseudo-feminism is all around us, clandestinely hiding behind feminism. The women are crying everywhere for fair rights, but don’t waste a moment telling a man sitting on a Ladies Reserved seat to vacate it.
If true feminism were followed, then all of the victims should be treated equally. Victims would cease to be male or female but only victims of abuse. But this is sadly not the case. Pseudo-feminism shouts that men can’t be raped, that men can’t be tormented, which men who claim to possess been placed under such atrocities dwell cheats. When a lady is about ablaze , when she is raped, brutalized, stripped naked on the streets, forced to go away her studies to marry a person 3 times her age, when she is accused of being raped or teased when a lady is repeatedly beaten for refusing to pressurize her parents to pay a dowry when she is deemed to be inferior to her male counterparts, there’s a requirement to talk out if it had been a person who was stoned on the streets, raped, accused of a fake rape, doubted simply because he was a person , a real feminist will do an equivalent . As Steinem rightly said, a feminist is anyone who recognizes the equality and full humanity of girls and men.
Feminism may be a series of social movements, political movements, and philosophies aimed toward identifying, developing, and achieving gender, political, cultural, personal, and social equality. Feminism reflects the thought that societies favour the male point of view, which women in such societies are treated unfairly. Efforts to vary that include combating gender stereotypes and seeking to determine equal educational and professional opportunities for ladies to men. Feminist movements have advocated and still advocate for the rights of girls , including the proper to vote, hold position , work, earn fair wages, equal pay and reduce the gender pay gap, own land, obtain employment, enter into contracts, have equal rights within marriage and have maternity leave. Feminists also work to make sure access to legal abortions and social inclusion and to guard women and girls from rape, harassment , and violence .
Some scholars see feminist campaigns as a serious force behind major historical societal changes in women’s rights, especially within the West, where they’re credited almost universally with achieving women’s suffrage, gender-neutral language, women’s reproductive rights (including access to contraceptives and abortion), and therefore the right to contract and own property. Although feminist advocacy is, and has been, focused totally on women’s rights, some feminists, including Bell Hooks, argue in favour of including men’s liberation within their goals, because they believe that men also are harmed by traditional gender roles. Feminist theory, which emerged from feminist movements, aims at understanding the character of gender inequality by examining the social roles and experiences of women; it’s developed theories in a variety of disciplines to reply to gender issues.
Over the years numerous feminist movements and ideologies have evolved and represented different point of views and goals. Some sorts of feminism are criticized for less than taking white, middle-class, and college-educated perspectives under consideration . This critique led to the event of ethnically specific or multicultural feminism forms, including black feminism and intersectional feminism. Feminist theory is that the extension of feminism into fields of theory or philosophy. It includes research during a sort of fields including anthropology, sociology, economics, women’s studies, literary criticism, humanistic discipline , psychoanalysis, and philosophy. Feminist philosophy attempts to elucidate the disparity between men and ladies and focuses on gender roles, power dynamics, and sexuality.

Although opposing these social and political ties, much of the feminist philosophy is usually supported supporting the rights and interests of girls . Themes discussed in feminist theory include sexism, stereotyping, objectification, inequality, and patriarchy. Elaine Showalter describes the evolution of feminist theory as having three phases within the field of literary critique. the primary she calls “feminist criticism,” during which the feminist reader examines literary phenomena the ideologies. The second Showalter calls “gynocriticism” where “the woman is that the creator of textual significance.” The last phase she calls “gender theory,” during which she explores the “ideological inscription and therefore the literary effects of the sex/gender system”
There are feminists then pseudo-feminists come along. Pseudo-feminism suggests that ladies deserve more respect, or people of other sexes don’t deserve respect. Living during a culture where women face many challenges a day is that the worst thing is that some people hurt the term feminism. On social media, hardly anyone knows about feminism and that they find yourself being pseudo-feminist. Do pseudo-feminists actually need equal treatment? No, they need to make a world governed only by women. Will a lady be getting away with any wrongdoing? Women on social media who identify themselves as feminists want equality and recognition for ladies they think to deserve it. They’re getting to bash a lady if he’s their lesser wife or sister sort of a politician but they’re getting to support a lady bashing that very same politician . Hypocrisy and pseudo-feminism get a melting pot here.
Feminism is just about freedom and isn’t about judgment. people that recognize feminism don’t wear the feminist badge. These are the people that need a good education for his or her daughter, support their companion if she wants to be working within the field. Some women want to offer their husbands food; some women want to require more care of their house and youngsters than work. that’s not making them slaves; it’s up to them to make a decision what to try to to .
The world is making significant progress within the 21st century. citizenry are putting invention, technology, and science at their place. Humanity’s very definition is undergoing an enormous change and this point it’s about equality, gender rights and justice for everybody . The age-old debate between the sexes remains happening and that we are still fighting over superiority between men and ladies and a few events and incidents have recently vitiated the atmosphere. i’m intrigued by the recent debate and therefore the theme of feminism. Every civil man knows the concept of feminism by all accounts, and he values it wholeheartedly and supports it. This generation is conscious of all the problems and is sort of adamant about the very fact that ladies are nearly as good if not better than men and that we are seeing the change happening right before us. Women were presidents, prime ministers, chief executives everywhere the planet and therefore the ceiling was shattered and destroyed.
A feminist could be a person , woman, or anyone who believes sex shouldn’t be an element choose what women’s rights are. it’s an idea that strives for gender equality; it seeks to form it in order that women are given an equivalent education, an equivalent platform, and therefore the same opportunities that a person has in his life.
Pseudo-feminists also are labelled on the web as “feminazis” by keyboard warriors, they’re individuals who don’t completely grasp the definition of feminism and who attempt to find signs of injustice and violence albeit there’s none. Pseudo-feminists have managed to mutilate the definition of feminism from what it’s to a brand of man-hate, seeking any opportunity to hunt vengeance instead of equality.

Cas

Introduction

Brief of the case

Concerned Provisions of Law

Grounds

Conclusion

Introduction

Brief of the case

Concerned Provisions of Law

Grounds

Conclusion

References

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ISSUES IN THE CASE

JUDGEMENT OF THE CASE

CONCLUSION

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ACCEPTANCE IN LAW OF CONTRACTS

Rules regarding Valid Acceptance

MODE OF ACCEPTANCE

Acceptance: absolute and unqualified

Partial acceptance

Acceptance with subsequent condition

Acceptance of counter proposals

Provisional Acceptance

Acceptance and withdrawal of tenders

Letter of intent to accept

Liability for failure to consider tender

Non-compliance with requirements

Tender with concessional rate

Certainty of terms

Preventing from tendering and blacklisting

Conclusion

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Disagreement with Natural lawyers

SOURCE OF LAW, ACCORDING TO LEGAL POSTIVISTS

Antecedents of legal positivism

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Entropy

Gini index / Gini impurity

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Celebration

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Do you think COVID-19 can be reduced to common cold and cough disease in the coming time?

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HOW did all this happen?

Attractive destination

Legacy of a luminary

Unparalleled set-up

Immigrant integration

Regional hub

The unfortunate event

What lies ahead for Singapore ?

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