A person would be considered deviant in society if they are violating what the significant social norm of its group (Pfohl). There are many ways deviance could be answered. There is the psychological answer, biological answer, and the sociological answer. With all of the studies that have been performed, no one group has come up with an exact reason to why people are considered deviant. The reality that the definition of deviance is considered different by everyone makes it complicated and unknown if a truly accurate answer can ever be found (Pfohl). This is why this topic is important to the study of sociology. Sociologists have more information, and therefore may be closer to finding the cause.
The family is the link to socialization in one’s environment. In the family, divorce, conflict within family, neglect, abuse, and deviant parents are the main vindicates for the offspring’s actions (Cheung).
Poverty is also a reason in the family for conflict because it can lead to both family breakups and delinquency. Children need close, supportive, relationships with parents. What promotes deviance in the home is the inhibition to talk to parents. The child may feel that they need to get attention elsewhere, thus acting deviantly if their parents are not there for them (Evans).
My research paper is about these situations. Why do others succeed and why do others fail? People say that it is a good thing to be different but why than others are open to opportunities while others are faced with no opportunities? I am going to discuss about how the environment and society around us affect every aspect of our lives.
Social environment is influenced by one’s power and wealth. This, in turn, determines success or failure in peoples’ lives. I believe it is what family we were born into that would easily let individuals to have an opportunity to attend a fancy school no matter how intelligent he is or she is.
Author: Admin
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COPYRIGHT ACT, 1957
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaption and translation of the work.
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity.
Copyright in the case of literary, dramatic or musical work:
1.Reproducing the work in any material form which includes storing of it in any medium by electronic means
2.Issuing copies of the work to the public which are not already in circulation.
3.Performing the work in public or communicating it to the public
4. Making any cinematograph film or sound recording in respect ot the work.
5.Making any translation or adaption of the work. Further any of the above mentioned acts in relation to work can be done in the case of translation or adaption of the work.
Copyright in the case of a computer programme:
1.To do any of the act specified in respect of a literary, dramatic or musical work
2.To sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programmes where the programme itself is not the essential object of the rental.
Copyright in case of artistic work:
1.To produce the work in any material form
2.Communicating the work to the public
3.Issuing copies of work to the public which are not already in existence.
4.Including work in any cinematograph film
5.Making adaption of the work, and to do any of the above acts in relation to an adaption of the work.
Copyright in the case of cinematograph film:
1.To make a copy of film
2.To sell or give on commercial rental or offer for sale or for such rental, any copy of the film
3.To communicate the film to the public
Copyright in case of sound recording
1. To make any other sound recording embodying it including storing of it in any medium by electronic or other means
2.To sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording
3.To communicate the sound recording to the public
Constitution of Copyright Board
1.It is constituted with minimum two and maximum fourteen members.
2.The chairman of the Copyright Board shall be a person who is or has been a Judge of a High Court or is qualified for appointment as a Judge of a High Court
3.The Copyright Board is deemed to be Civil Court and proceedings before it are deemed to be judicial proceedings.
Functions of Copyright Board
1.Settlement of disputes as to copies of any literary, dramatic or artistic work or records are issued to the public in sufficient numbers
2.Settlement of disputes with respect to assignment of copyright
3.Granting of compulsory licence in respect of Indian works withheld from public
4.Granting of compulsory licence in respect of Indian works withheld from public.
5.Rectification of Register of Copyright
6.Determination of royalties payable to the owner of copyright, etc.
NATIONAL GREEN TRIBUNAL ACT, 2010
The National Green Tribunal Act,2010 is an Act which enables creation of a special Tribunal to handle the expeditious disposal of cases pretaning to environmental issues. It was enacted under Indian Constitutional provision of Article 21.
OBJECTIVES
NGT is formed for effective disposal of cases relating to:-
1.Environmental protection
2.Conservation of forests
3.Other natural resources
4.Enforcement of any legal right relating to environment.
5.Giving relief and compensation for damages to persons and property.
Composition Of National Green Tribunal
1.The tribunal shall consist of-
– Full time chairperson
– Not less than 10 but maximum of 20 full time Judicial Member.
– Not less than 10 but maximum of 20 full time Expert Member.
2.The Chairperson of the Tribunal may invite any person having specialized knowledge and experience in a particular case before the Tribunal to assist the Tribunal in that case.
3.The Central Government by notification may specify the ordinary place of sitting of the Tribunal and the territorial jurisdiction.
4.The Central Government in consultation with the Chairperson of the Tribunal may make rules regulating the practices and procedure of the Tribunal including-
– The rules as to the persons who shall be entitled to appear before the Tribunal.
– The rules as to procedure for hearing applications and appeals and other matters.
– Rules relating to transfer of cases by the Chairperson from one place of sitting to other place of sitting.
POWERS OF NATIONAL GREEN TRIBUNAL
1.The Tribunal is not bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided by the principle of natural justice.
2.The Tribunal has power to regulate its own procedure.
3.The Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence Act,1872.
4.The tribunal shall have the same powers as are vested in a Civil Court while trying a suit, in respect of the following matters, namely:-
– Summoning and enforcing the attendance of any person and examining him on oath
– Requiring the discovery and production of documents
– Receiving evidence on affidavits
– Requisitioning any public record or documents or copy of such record or document
– Issuing commissions for the examination of witness or documents
– Reviewing its decision.
– Dismissing an application for default or deciding it ex-parte.
– Setting aside any order of dismissal of any application
– Pass an interim order including granting an injuction or stay
– Any other prescribed matter
COMPENSATION FOR DAMAGES
Heads under which compensation for damages can be claimed are:-
1.Death
2.Permanent, temporary, total or partial disability or other injury or sickness
3.Loss of wages due to total or partial disability or permanent or temporary disability
4.Damage to private property
5.Loss to local authority or government arising out of, or connected with, the activity causing any damage.
6.Loss of business or employment or both
7.Loss and destruction of any property other than private property
8.Claims on account of any harm, damage or destruction to the fauna including milch and draught animals and aquatic fauna
9.Claims on account of any harm, damage or destruction to the flora including aquatic flora, crops, vegetables, trees and orchards.
10.Expenses incurred by the Government or any local authority in providing relief, aid and rehabilitation to the affected persons.
11.Any other claim arising out of or connected with, any activity of handling of hazardous substance.
POBITORA WILDLIFE SANCTUARY
Pobitora, 35 km east of Guwahati, is a small wildlife sanctuary in Assam in India with the highest concentration of the Great One-Horned Rhinoceros in the world. The natural boundary of the sanctuary is the Garanga Beel on the South and the river Brahmaputra on the North. An hour-long drive from Guwahati along the river Brahmaputra, passing through the village of Mayong, is an exhilarating experience for visitors. Because of Pobitora’s proximity, to Guwahati one can choose to make a day visit to and from Guwahati one can choose to make a day visit to and from Guwahati and explore the sanctuary on elephant back or stay overnight. It is often referred to as the Kaziranga National Park’s showroom. It is ideal for visitors who have little time to spare and cannot visit Kaziranga.
Pobitora was originally a grazing reserve of the erstwhile Nagaon district of Assam in the flood plains of the river Brahmaputra. Pobitora, comprising of the flat flood plains and the hillock of Raja Mating, was thereafter declared a Reserved Forest in 1971 and a Wildlife Sanctuary in 1987.
FLORA AND FAUNA
Pobitora comprises of Assam alluvial grasslands with the hilly forest of the Raja Mayong Hill. The riverine composition of the forest with vast stretches of grassland is the ideal habitat for the Indian One-Horned rhino. However, though the total area of the sanctuary comprises of 38.81 square km, only 16 square km of this is suitable for rhino habitat. Pobitora is also home to other animals like the Asiatic buffalo, leopard, wild bear, wild boars, Chinese pangolins, civet cats, etc.
Pobitrota is a bird -watchers paradise, as both migratory and resident birds can be sighted here. A census done in January 2012 states that there are twenty-six species of birds at Pobitora. The Marsh Babbler, an endemic bird species of Assam, has been recorded in this sanctuary.
The Rajamayong Hill, which form the part of this Sanctuary, also harbors various species of animals like leopards, Lesser cats, barking deer, etc. This hill serves as a sheltering ground during the high floods which is common in the area during the monsoons.
SIGHTSEEING IN POBITORA
Tourist can enter the Sanctuary either on elephant back or in Jeep. The morning and evening elephant and jeep rides is the main attraction of the Sanctuary.
OTHER ACTIVITIES
1.The Haduk Hanging Bridge. There is also a picnic spot and a children’s park
2.A visit to the Gauranga Beel.
3.Enjoy the rural charm of Mating, famous for its tradition of black magic. Lying adjacent to the Pobitora Wildlife Sanctuary is the village of Mating, famous for its tradition of black magic. Remnants of old temple on hillocks surrounding Mayong is an indicator to its tantric or black magic past. The four most important temples in the area are the Kechaikhaiti shrine of Burha Mating, Narashinha Ashram of Hiloikhunda, Ganesh temple of Hatimuria and Shiva shrine of Kachashila. The village houses a community museum showcasing ancient magic literature and relics and also an old rock with undeciphered writings.
CHITRAKOOT: ABODE OF THE GODS
Chitrakoot, “the hill of many wonders, nestles peacefully in the northern spurs of the Vindhyas, a place of tranquil forest glades and quiet rivers and streams where calm and repose are all- pervading. This loveliest of Nature’s gifts is also hallowed ground, blessed by the gods and sanctified by the faith of pilgrims. For Chitrakoot’s spiritual legacy stretches back to legendary ages: it was in these deep forests that Rama and Sita spent eleven of their fourteen years of exile: here, that the great sage Atri and Sati Anusuya meditated; and here where the principal trinity of the Hindu pantheon, Brahma, Vishnu and Mahesh took their incarnations. Sufferers and seekers, poets and visionaries, princes and noblemen have, through the ages, sought and found solace in Chitrakoot, drawn inspiration from its sublime natural beauty, gained spiritual strength from its serene temples and, in turn, become part of the hallowed legend that is Chitra koot.
PLACES TO VISIT
RAMGHAT
The ghats that line the banks of the river Mandakini reveal a constantly moving and changing kaleidoscope of religious activity. Here, amidst the chanting of hymns and the sweet fragrance of incense, holy men in saffron robes sit in silent meditation or offer the solace of their wisdom to the countless pilgrims who converge here. With the very first rays of dawn that gleam upon the river, Ramghat stirs into life as the devout of all ages take the ritual, purifying dip in the waters and invoke the blessings of the gods. The activity builds up in a crescendo of colour and spontaneous expressions of faith through the day, past high noon, gently diminishing as the setting sun picks out the bright colours of flower petals floating down the river, while the evening ‘arti’ lends its melodious cadences to the deepening dusk.
KAMADGIRI
Kamadgiri, the original Chitrakoot, is a place of prime religious significance. A forested hill, it is skirted all along its base by a chain of temples and is venerated today, as the holy embodiment of Rama. The Bharat Milap temple is located here, marking the spot where Bharat is said to have met Rama to persuade him to return to the throne of Ayodhya. Many are the faithful who perform the ritual circuit (parikrama) of the sacred hill, to ask for a boon or a blessing.
SATI ANUSUYA
Sati Anusuya is located further upstream, set amidst thick forests that resound to the melody of birdsong all day. It was here that Atri Muni, his wife Anusuya, and their three sons (who were the three incarnations of Brahma, Vishnu and Mahesh), are said to have meditated. The Mandakini is believed to have been created by Anusuya through her meditation. Sati Anusuya lies about 16 km. from the town and can be reached by road.
SPHATIK SHILA
A few kilometers beyond Janaki Kund is again a densely forested area on the banks of the Mandakini. One can climb up to the boulder which bears the impression of Rama’s footprint and where Sita was pecked at, by Jayant in the form of a crow. There are large fish in the river here, easily visible in the pellucid water and a few temples.
HANUMAN DHARA
Located on a rock-face several hundred feet up a steep hillside is a spring, said to have been created by Rama to assuage Hanuman when the latter returned after setting Lanka afire. A couple of temples commemorate this spot which offers a panoramic view of Chitrakoot. There is an open, paved area here in the shade of a massive peepal tree, a lovely halting place after the long climb up.
ALSO VISIT: Janaki Kund, Gupt-Godavari, Deep Daan, Bharat Koop and Bharat Milap.
SHIVPURI: MADHYA PRADESH
Shivpuri is steeped in the royal legacy of its past, when it was the summer capital of the Scindia rulers of Gwalior. And earlier, its dense forests were the hunting grounds of the Mughal emperors when great herds of elephants were captured by Emperor Akbar.
Much later, it was the tiger that roamed the wooded hills and many a magnificent beast was ‘bagged’ by royal shikaris. And, with its luxuriant forests and undulating hills, Shivpuri was a natural choice as the summer resort capital of the Scindias. Shivpuri’s royal ambiance lives on in the exquisite palaces and hunting lodges and graceful, intricately-embellished marble chhatris (cenotaphs) erected by the Scindia princes.
A sanctuary for rare wildlife and avifauna, Shivpuri has transformed a royal past into a vibrant, hopeful present.
MADHAV NATIONAL PARK
Madhav National Park is 156 sq km in area, the park is open throughout the year. With a varied terrain of wooded hills, the forests being dry, mixed and deciduous, and flat grasslands around the lake, it offers abundant opportunities for sighting a variety of wildlife. The predominant species that inhabits the park is the deer, of which the most easily sighted are the graceful little chinkara, the Indian gazelle and the chital. Other species that have their habitat in the park are nilgai, sambar, chausingha or four-horned antelope blackbuck, sloth bear, leopard and the ubiquitous common langur.
The National Park is equally rich in avifauna; the artificial lake, Chandpatta is winter home of migratory geese, pochard, pintail, teal, maillard and gadwall. A good site for bird watching is where the forest track crosses the wide rocky stream that flows from the Waste Weir. Species that frequent this spot are red-wattled lapwing, large-pied wagtail, pond heron and white breasted kingfisher. The avifauna also includes the cormorant, painted stork, white ibis, laggar falcon, purple sunbird, paradise flycatcher and golden oriole.
BARADARI
It is a building of Maratha style, built in 1921 as a night dancing hall. It has a gallery of paintings depicting real life and fantasized themes. The hall was also used for entertainment and religious purpose.
CHHATRIS
Set in a formal Mughal garden, with quiet nooks under flowering trees, intersected by pathways with ornamental balustrades and illuminated by Victorian lamps, is the complex in which the cenotaphs of the Scindias are set. Facing each other across a water tank are the chhatris of Madho Rao Scindia and the dowager queen Maharani Sakhya Raje Scindia, synthesising the architectural idioms of Hindu and Islamic styles with their shikhara-type spires and Rajput and Mughal pavilions.
The gittering white marble surface of Madho Rao Scindia’s cenctaph is inlaid in the pietra dura style, with lapis lazuli and onyx to create a spectacularly rich effect, heightened by the delicacy of the trellis work on the sides. The dowager queen’s cenotaph has a noble dignity of line and superb strucuctural harmony. Both memorials contain life-size images of the Scindias and these are tended to with extreme devotion by ceremonially-dressed retainers who perform the rituals of placing flowers and incense before the statues each day. In the evenings, the hush is broken by the sound of music as artists of the Gwalior gharana render classical ragas before the statues.
MADHAV VILAS PALACE
Standing upon a natural eminence, the elongated rose-pink summer palace of the Scindias is built in truly royal proportions. A fine example of colonial architecture, the Mahal, as it is called, is remarkable for its marble floors, iron columns, graceful terraces and the Ganapati Mandap. From the turrets, the view is a spectacular one of Shivpuri town and the park beyond.
SAKHYA SAGAR BOAT CLUB
Edging the forests of the Madhav National Park is the Sakhya Sagar lake, habitat of a variety of reptiles. Species that can be seen here are the marsh crocodile or mugger, Indian python and the monitor lizard. On the shores of the lake and connected to it by a broad pier is a Boat Club, an airy, delicate structure with glass panels.
BHADAIYA KUND
A scenic picnic spot by a natural spring. The water here is rich in minerals, supposedly of a curative nature.
ALSO VISIT: George Castle, Sultan Hotel, Kothi No.17, Madhav Vilas Palace and Sakhya Lake and Boat Club.
MANAS NATIONAL PARK
Manas National Park is located at the foothills of the Bhutan-Himalayas in Assam, it is a unique biodiversity landscape which is said to be one among the most stunning and pristine wildlife habitats of the world. It is declared as a UNESCO World Heritage Site in 1985 and a Biosphere Reserve in 1989, it was finally enlisted as a National Park in 1990. The Manas river, from which it derived its name, flows to the heart of the National Park. Total area of the park is about 500 square kms.
Manas is home to over 20 endangered species including the Royal Bengal Tiger. Manas National Park is densely forested and known for its endangered endemic wildlife like the Assam roofed turtle. Hispid Hare, Golden Langur and Wild Water Buffalo. The last population of Pygmy Hog survives in the wild of Manas and no where else in the world. Manas is the only landscape in the world where pristine Terai grasslands are seen merging with the Bhabar grasslands interspersed with diverse habitats ascending ti semi-evergreen forests and then to Bhutan Himalayas.
The sanctuary has recorded 50 species of mammals, 450 species of birds, 42 species of reptiles, 9 species of amphibians, 79 species of fish and over 200 butterfly species. Out of the mammals 21 are in Indian’s Schedule I and 31 of them are threatened.
ANIMALS FOUND
Tiger, leopard, Indian Great One-Horned Rhinoceros, Golden Langur, clouded leopard, Asian Golden Cat, Himalayan Black Bear, Smooth- Coated Otters, Capped Langur, Barking Deer, Hog Deer, Assamese Macaque, Slow Loris, Sambar Deer, Spotted Deer, Gaur, Asiatic Water Buffalo , Asian Elephant,etc.
BIRDS FOUND
Bengal Florican, Great Indian Hornbill, Egret, Pelican, White-Winged Wood Duck, Merganser, Red Headed Trogon, Magpie Robin, Comb Duck, Ibis Bill, Pied Hornbill, Serpent Eagle, Swamp Francolin, Bee- Eater, etc.
REPTILES
Assam Roofed Turtle, Monitor Lizard, Gharial, various species if snakes, etc.
VEGETATION
Manas has a unique bio-geographical location, being at the confluence of the Indo-Malayan , Indo-Chinese and Australasian pathways, which make it an important refuge for several endemic and charismatic wildlife species. It also provide an ideal habitat ranging from high altitude Himalayan dense canopied forests to the sub-tropical woodlands and alluvial flood-plain grassland and riverine ecosystem in the lower elevations.
SIGHT SEEING IN MANAS
Tourists can enter the National Park either on Elephant back or in a jeep. Jeep safaris and Elephant safaris are possible in the mornings and early evenings when the animals are most active. It is mandatory for tourists to ensure that a Forest Department’s guide accompanies them. Tourist can also experience thrilling river rafting adventure in the river Manas. Since there is only limited Elephant Rides it is advisable that prior reservations are made.
BEST TIME TO VISIT
Manas National Park is open all year round, but the best time to visit Manas National Park is between November to April.
HOW TO REACH MANAS NATIONAL PARK
By Air: Nearest airport is LGBI Airport, Guwahati about 170 km from the Manas National Park and is well connected by road to Manas National Park.
By Rail: Nearest railway station is Barpeta Road, about 20 km from the Manas National Park. The railway station is well connected by road to Manas National Park.
By Road: Barpeta Road is well connected to major cities and places by road network. There are a number of government and privately operated vehicles that go to Manas National Park at frequent intervals.
BAILMENT as per INDIAN CONTRACT ACT,1872
“Bailment”, “bailor” & “bailee” defined [Section 145]: Bailment is the delivery of goods, by one person to another, for some purpose, upon a contract that they shall, when the purpose is accomplished,be returned or otherwise disposed of, according to the instructions of the person delivering them. Bailor is the person delivering the goods. Bailee is the person to whom the goods are delivered. When a person, already in possession of goods belonging to another, contracts to hold them as bailee, he becomes the Bailee and the owner becomes Bailor, even though the goods may not have been delivered by way of bailment.
The essentials of bailment are:-
(1) Contract: Bailment may be express or implied.
(2) Delivery of the goods: Bailment involves delivery of possession of goods by bailer to bailee.
(3) Possession: Only possession in goods (and not ownership) is transferred.
(4) Modes of delivery [Section 149]: Delivery may be actual or constructive. Actual delivery is made by physically handing over the goods. Constructive or symbolic delivery means doing something which has the effect of giving delivery. e.g, delivery of railway receipt, handing over the key of car etc.
(5) Purpose: The delivery of goods must be for a certain purpose.
(6) Return of goods: The goods must be returned after the purpose in accomplished
(7) Consideration: The consideration is generally in the form of money payment either by the bailor or bailee. The detriment suffered by the bailor, in parting with possession of the goods, is a sufficient consideration to support the contract of bailment.
Duties of bailor are as follows:
(1) To disclose faults in goods [Section 150]:
–In case of gratuitous bailment: Bailor is bound to disclose known faults to bailee. If do not disclose then he may liable to bailee for damages from such non-disclosure.
–In case of non-gratuitous bailment: Bailor is liable for damages whether or not he was aware of the existence of faults.
(2) To bear expenses:
-In case of gratuitous bailment: Bailor shall repay all necessary expenses incurred by bailee for the purpose of bailment.
-In case of non-gratuitous bailment: Bailor is liable only extraordinary expenses, and not the ordinary expenses.
(3) Indemnify bailee for loss in case of premature termination of gratuitous bailment [Section 159]:
Bailor has the right to terminate the gratuitous bailment even it is for particular period. In such a case, Bailor has to indemnify the bailee the excess of loss over benefit.
(4) Indemnify bailee for loss when bailor’s title is defective [Section 164]: Bailor is responsible to the Bailee for any loss which the Bailee may sustain by reason that the Bailor was not entitled to make bailment.
Example: A lends an old discarded motor cycle to B gratuitously for 3 months. B incurs 500 on its repairs. If A asks for the return of the motor cycle after 1 month, he will have to compensate B for expenses incurred by B in excess of the benefit derived by him.
(5) Receipt of goods back on termination of bailment: When bailee returns the goods in accordance with the terms, the bailor should receive them. If the bailor refuses to accept goods tendered by
bailee, he shall compensate the bailee for all necessary and incidental expenses incurred by him in keeping the things in good condition.
Duties of bailee are as follows:
(1) To take care of goods (Sections 151 & 152): The bailee is bound to take care of the goods bailed to him as a man of ordinary prudence. If bailee takes care of goods bailed as man of ordinary prudence then he will not be liable if there is loss to goods.
(2) Not to make unauthorized use of goods [Section 153]: Bailee shall act in conformity with the terms of contract of bailment. Where he does any act with regard to the goods bailed, inconsistent
with the terms, the contract becomes voidable at the option of bailor. The bailee cannot set up an adverse title against the bailor.
(3) Compensation for damage to goods [Section 154]: Bailee shall use the goods according to terms and conditions of bailment. Where he does not use so and as a result, the goods suffer damage, he
shall duly compensate the bailor.
(a) Not to mix goods bailed with his own goods
(b) With bailor’s consent (Section 155): Where the bailee, mixes the goods bailed with his own goods, with the bailor’s consent, both of them shall have interest in proportion to their shares in the mixture produced.
(c) Without bailor’s consent: If the goods in the mixture:
-Can be separated [Section 156]: Property in the goods remains with the respective parties. Bailee bound to bear the expenses of separation or division, and also of any damage arising from the mixture.
-Cannot be separated [Section 157]: Bailee shall compensate the bailor for the loss of his goods.
(4) Return of the goods bailed [Section 160]: Bailee shall, without demand, return the goods bailed to the bailor, or deliver it according to his instructions. Such delivery shall be made as soon as the time for which they were bailed expires, or the purpose for which it had been bailed is accomplished.
(5) Compensation for failure to return [Section 161]: Where by the fault of the bailee, goods are not returned at the proper time and place. Bailee shall compensate bailor for any loss, destruction or deterioration of such goods from that time.
(6) To return any accretion to goods [Section 163]: If there is any profit or increase from goods bailed shall be delivered by the bailee to the bailor.
Example: A gives a cow to B. Cow has calf. B should deliver cow as well as calf.
(7) Delivery of goods to joint bailors [Section 165]: When goods are owned and bailed by joint owners, and in the absence of contract to the contrary, the bailee shall deliver them back to one of join owners, or according to the directions of one joint owners without the consent of all.
SIVASAGAR: LAND OF HISTORY AND HERITAGE
Sivasagar was the capital of the mighty Ahoms, who ruled Assam for more than six hundred years till the advent of British. The town, dedicated to Lord Shiva- its name literally meaning “the ocean of Shiva” is strewn with tell-tale ruins of a powerful empire. The most remarkable landscape of the town is the 280 years old Sivasagar tank comprising 129 good acres. Although situated within the heart of the town, the water level of the lake is above the level of town. On its bank are three temples- the Shivadol, the Vishnudol and the Devidol- all three built by Queen Madamika, wife of Shiva Singha in the year 1734. The Shivadol is believed to be the highest Shiva temple in Assam.
PLACES TO EXPLORE
RANG GHAR
Rang Ghar also known as “Colosseum of the East” the towering and expansive Rang Ghar stands tall in Sivasagar. The two storied oval shaped amphitheater was constructed by Ahom King Swargadeo Pramatta Singha (1744-1751) in the 18th Century and served as a pavilion from where royal and dignitaries watched various sports and games like buffalo-fight, cock-fight, wrestling and races, etc held in the Rupshi Pathar- the vast field in front of it.
KARENG GHAR AND TALATAL GHAR
A seven storied palace having three storeys underground known as Talatal Ghar and upper storeys known as Kareng Ghar built by Swargadeo Rudra Singha (1696-1714) stand majestically at 4 kms away from Sivasagar town. A well planned brick-wall compound, which housed the royal court and offices, as well as the strategic military headquarters of the Ahom Kingdom. It also had two underground tunnels from Talatal Ghar connecting Dikhow River and Gargaon Palace which were subsequently closed by East India Company.
GARGAON PALACE
Gargaon, the principal towns of Ahoms, built by the XV the king, Suklengmung in 1549, lies 13 kms east of Sivasagar. The old Palace was destroyed and the present seven palace was rebuilt around 1762 by King Rajeswar Singha.
NAMDANG STONE BRIDGE
The bridge, a cut out from a single rock over the Namdang river, 12 kms from Sivasagar town was constructed by workmen brought from Bengal during the reign of Swargodeo Rudra Singha in 1703. Today, the National Highway 37 passes over the bridge.
JOYSAGAR TANK
Considered as the largest man-made in India, the Joysagar Tank is an example if human excellence. Encompassing an area of about 318 acres, the tank was built by Swargadeo Rudra Singha (1696_1714) in the memory of his mother “Joymoti Kunwari” who was tortured to death by their enemies because she would not reveal her husband’s where-abouts, who later ascended the Ahom throne as Gadadhar Singha.
GAURISAGAR TANK AND TEMPLE
The Gaurisagar tank was built by Queen Phuleswari Devi (1722-1791) and was dedicated to Goddess Durga. It is 150 acres under water and on its banks stand the Devidol, Sivadol and the Vishnudol temples. Gaurisagar is only 12 kms from Sivasagar.
PANIDEHING BIRD SANCTUARY
A rich wetland Eco-system of 33.93 sq. km situated on the southern bank of river Brahmaputra in the Sivasagar district. This bird sanctuary is a paradise of migratory and resident birds; so far 165 species of birds have been identified and recorded.
ALSO VISIT: Rudrasagar Tank and Temple, Ajan Pir Dargah Sarif, Ramkhapith Devaloy and Pahugarh.
NONI: INDIAN MULBERRY
Botanic name of Noni is Morinda Citrifolia. It is also called Indian Mulberry. It is an Ayurveda plant, found near the seas where temperature is below 25 degree Celsius. The noni tree is an evergreen shrub, up to 20 ft (6 m) tall, that grows in tropical areas of the South Pacific, including Australia, Malaysia, the West Indies, India, Vietnam, etc. Its branches and trunk are coarse, tough wood, and the leaves are glossy, oval, and dark green. Year-round, the tree yields a small fruit, which is cream-colored and about the size of a small potato. The noni fruit is noted for its bitter taste, unpleasant smell, and reportedly strong healing properties. It is very good for health. Noni has been in use from the bygone era. Noni is a great natural detoxifier. Today about 40 University are researching on Noni fruit and till now 164 nutrients have been found in it.
Noni has more than 150 nutrients. Compared to pineapple, Noni has 40 times more enzymes. It boost the immunity system. It is beneficial for health.
Noni is a rich source of vitamins B1, B2, B3, B5, B6, B12, C, E folate, beta, carotene and minerals such as calcium, potassium, magnesium, iron and phosphorus. Noni has Anti- oxidant, Anti-bacterial, Anti- inflammatory and Anti-wrinkle properties. It is a powerful food for cells and maintains the cell count. People of all ages can drink it. Noni juice is a strengthening drink that keeps the stress away, stimulates serotonin and endofrin, effects mood and emotions.
USES OF NONI
1.Noni contains fibers.
2.It is beneficial in reducing pressure on the intestine. It has vitamins and minerals which protects our intestine.
3.It prevents increase of tumor, due to which it helps in fighting with the cancer.
4.People suffering from Asthma should take Noni juice everyday in the morning and evening.
5.Noni juice works like an insulin and helps to regulate sugar levels.
6.Noni juice helps in making body disease free.
7.Intake of noni juice is beneficial in skin disease like eczema.Various parts of noni plant have been used to treat skin problems such as acne, water retention, inflammation and others. Noni contains anthraquinone which has anti-wrinkle properties, and thus, can slow down the aging process of skin. Noni juice has goodness of antioxidants which helps to fight against free radicals and thereby, prevents cell damage.
8.Noni reduces the effect of wine.
9.Noni regulates blood cholesterol levels.
10.Noni juice has shown positive effects in protecting heart health by improving the blood flow in the arteries. It also helps in regulating blood pressure which definitely helps in maintaining heart health.
11.Noni is effective in stress, pain in urine, leucorrhoea and periods.
12.Noni helps to increase memory power.
13.Noni is beneficial for every problem related to hair like baldness,dryness of hair and also good for growth of hair.
14.Useful for arthritis and joint pain.
15.Improves the nervous system.
16.As an effective anti-oxidant keeps the poisonous elements and pollution away.
17.Noni juice boost the Immunity System.
18.It helps to detoxify the body.
SWEAT EQUITY SHARES
Sweat Equity Shares [Section 2(88)]: Sweat equity shares means equity shares issued by a company to its directors or employees at a discount or for consideration, other than cash for providing know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called.
Issue of sweat equity shares [Section 54]: A company can issue sweat equity shares, of a class of shares already issued, if the following conditions are satisfied:
(1) The issue has been authorized by a special resolution passed by the company in the general meeting.
(2) Such special resolution should clearly specify:
-Number of shares
-Current market price
-Consideration and
-Classes of directors or employees to whom such equity shares are to be issued.
(3) At least 1 year should have elapsed from the date on which the company was entitled to commence business.
(4) A company whose shares are listed on a recognized stock exchange issuing sweat equity shares should comply with the SEBI (Issue of Sweat Equity) Regulations, 2002.
(5) A company whose shares are not so listed should comply with the Companies (Share Capital & Debentures) Rules, 2014. The rights, limitations, restrictions and provisions as are for the time being applicable to equity shares shall be applicable to the sweat equity shares issued and the holders of sweat equity shares shall rank pari passu (on an equal footing) with other equity shareholders. (Section 54 (2)). Register of Sweat Equity Shares [Rule 8 (14) of the Companies (Share Capital & Debentures) Rules, 2014]: The company shall maintain a Register of Sweat Equity Shares in Form No. SH. 3 and shall forthwith enter therein the particulars of issue of sweat equity shares. The Register of Sweat Equity Shares shall be maintained at the registered office of the company or such other place as the Board may decide. The entries in the register shall be authenticated by the Company Secretary of the company or by any other person authorized by the Board for the purpose.
Provisions of the Companies (Share Capital & Debentures) Rules, 2014 relating to sweat equity shares are as follows:
(1) Explanatory statement to contain certain particulars [Rule 8(2)]: The explanatory statement to be annexed to the notice of the general meeting shall contain the prescribed content like the date of the board meeting reasons or justification for the issue: the class of shares under which sweat equity shares are intended to be issued; total number of
shares, etc.
(2) Validity of special resolution [Rule 8(3)]: The special resolution shall be valid for making the allotment up to period of 12 months.
(3) Limits on issue of sweat equity shares [Rule 8(4)]: The company shall not issue sweat equity shares for more than 15% of the existing paid up equity share capital in a year or shares of the issue value of 5 Crores, whichever is higher. The issuance of sweat equity shall not exceed 25% of the paid up equity capital at any time.
(4) Lock-in-period [Rule 8(5)]: The sweat equity shares issued to directors or employees shall be locked in for a period of 3 years from the date of allotment and this fact shall be stamped in bold on the share certificate.
(5) Valuation Aspects [Rule 8(6) & (7) & (81] The sweat equity shares to be issued shall be valued at a price determined by a registered valuer as the fair price giving justification for such valuation. The valuation of intellectual property rights or of know how or value additions shall be carried out by a registered valuer. A copy of the valuation report shall be sent to the shareholders with the notice of the
general meeting.
(6) Sweat equity shares and compensation aspects [Rule 8(11) & (12)]:
(i) If the sweat equity shares issued pursuant to no acquisition of an asset. The accounting value (fair value) of sweat equity shares shall be treated as a form of compensation to the employee or the director in the financial statements.
(ii) If the shares are issued pursuant to acquisition of an asset: The value up to valuation report shall be carried in the balance sheet as per the Accounting Standards and such excess value over the value as per valuation report shall be treated as a form of compensation to the employee or the director in the financial statements of the company.
(7) Disclosure in Board’s Report [Rule 8(13)]: The details of issue of sweat equity shares shall be disclosed in the Directors Report for the year.
(8) Maintenance of Register [Rule 8(14)]: The company shall maintain a Register of Sweat Equity Shares in Form No. SH. 3. The Register shall be maintained at the registered office of the company or such other place as the Board may decide. The entries in the register shall be authenticated by the Company Secretary or by any other person authorized by the Board.
LIFTING OF CORPORATE VIEL
When seven or more person in case of public company and two or more person in case of private company forms a company as per provisions of Companies Act, 2013 they are clothed with corporate personality and there association known by the name of the company. However, sometime this veil of corporate personality is used for some dishonest and fraudulent purpose in that case Court will look into reality and remove the corporate veil.
In the following case the courts have lifted the corporate veil-
(1) Prevention of fraud and misconduct: Where the medium of a company has been used for committing fraud or improper conduct, the Courts have lifted the veil and looked at the realities of the situation. Gilford Motor Co. vs. Horne [1933] Ch 935: In this case ‘Horne’ had been employed by the company under an agreement that he shall not solicit the customers of the company or compete with it for a certain period of time after having its employment. After ceasing to be employed by the plaintiff, ‘Horne’ formed a company which carried on a competing business and allotted whole of its shares to his wife and an employee of the company, who were appointed to be its directors. It was held that since the defendant (Horne) in fact controlled the company, its formation was a mere ‘cloak or sham’ to enable him to break his agreement with the plaintiff. Accordingly, an injunction was issued against him and against the company he had formed restraining them from soliciting the plaintiff’s customers.
(2) Company acting as agent: Where the company is in reality an agency or trust for someone else and the corporate facade is used to cover up that agency or trust. Re. FG Films Ltd. (1953) 1 All E.R. 615: FG films wanted Monsoon registered as a British film. It applied to be declared as the ‘maker’ under the Cinematography Films Act 1936-1948. The Board of Trade refused because it was made by the American Film Group Inc. The American company had promised to finance and provide facilities to the UK company for making the film. 90 shares were held by an American director and 10 by a British one. No shares were held by the third director, who was British. The film was made in India. It was held that the film could not be considered British made, even though the company owning the
rights was a UK company.
(3) Protection of public policy: Where the doctrine conflicts with public policy, Courts have lifted the corporation veil for protecting the public policy. Connors vs. Connors Ltd. (1940) 4 All E.R. 179: In this case the principle was applied against the managing directors he made use of his position contrary to public policy. In this case house of Lord determined the character of company as enemy company, since the person who de facto in control of its affairs where resident of Germany, which was at war with England at that time.
(4) Enemy character of company: Court will lift the corporate veil if the company has enemy character. Daimler Co. Ltd. vs. Continental Tyre & Rubber Co. Ltd. AIR 1927 Bombay 371: A Company was incorporated in London for the purpose of selling tyres manufactured in Germany by a German Company. Its majority shareholder and all the directors were Germans. On declaration of war between England and Germany in 1914, it was held that since both the decision making bodies, the Board of Directors and the general body of shareholders were controlled by Germans, the company was a German company and hence, an enemy company. Accordingly, the suit filed by the company to recover a trade debt was dismissed on the ground that such payment would amount to travelling with enemy.
(5) Evasion of taxes: Where the veil has been used for evasion of taxes and duties, the court upheld the piercing of the veil to look at the real transaction. [Re. Dinshaw Maneckjee Petit A.I.R. 1927 Bombay 371]
(6) To protect labour welfare legislation: Where the purpose of company formation was to avoid the welfare legislation, the Court will lift the corporate veil. Where it was found that the sole purpose for the formation of new company was to use it as a device to reduce the amount to be paid by way of bonus to workman the Supreme Court upheld the piercing of the veil to look at the transaction. [Workmen of Associated Rubber Industries Ltd. vs. Associated Rubber Industries Ltd. A.LR. 1986 SC 1]
(7) Use of corporate veil for hiding criminal activities: Where the defendant used the corporate structure as a device to conceal his criminal activities (evasion of customs and excise duties), the Court could lift the corporate veil and treat the assets of the company as the realizable property of the shareholder.
(8) To punish for contempt of Court: [Jyoti Limited vs. Kamwaljit Kaur Bhasin 32 (1987) DLT 198].
NEW TEHRI: UTTARAKHAND
NEW TEHRI
New Tehri is a modern town spread over an altitude from 1,550 mts. to 1,950 mts. above sea level, overlooking the gigantic lake and the Tehri Dam. The ruins of Old Tehri lie under water today. The newly established township is the district headquarters of Tehri Garhwal, a modern and well planned town, only 11 kms. from Chamba & 24 kms from Old Tehri.
SIGHTSEEING
TEHRI DAM
Tehri Dam is one of the world’s largest hydro electric projects harnessing waters of two important rivers of the Himalayas namely Bhagirathi and Bhilangana
DEVPRAYAG
Situated at the confluence of the Alaknanda and the Bhagirathi rivers, the town of Devprayag lies at an altitude of 472 ints, and about 64 kms away from New Tehri. Near the town there are two suspension bridges one over the Bhagirathi and the other over the Alaknanda. Devprayag is one of the five sacred Prayags (confluences) of the Alaknanda. Tradition has it that the town is named after Deosharma, a sage, which led a life of penance here and succeeded in having a glimpse of God.
CHAMBA
Chamba happens to be a focal point, being located at the junction of roads leading from Mussoorie, Rishikesh, Tehri and New Tehri, 60 kms. from Mussoorie and 48 kms. from Narendra Nagar on the road to Gangotri. Chamba is a township lying high at an altitude of 1676 mts., offering a splendid view of the snow capped Himalayas and the serene Bhagirathi valley. The Chamba-Mussoorie fruit belt is also famous for its delicious apples.
KANATAL
Kanatal is a hamlet built around numerous hills, a locale which personifies the romantic aura of Tehri district located on the Chamba-Mussoorie highway 35 kms from Tehri Garhwal. With a spectacular view of the snow-covered hills and green forests, Kanatal is situated nearly 300 kms. from Delhi at an altitude of over 8500 feet (2590 metres). The natural beauty of Kanatal allures many tourists every year.
SURKANDA DEVI
Surkanda Devi is a Hindu temple situated close to the small resort hamlet of Dhanaulti in Tehri District. It lies at an altitude of about 2,757 meters, or 9976 ft. and is close to nearby hill stations of Dhanaulti (8 kms) and Chamba (22 kms.) and walking distance of approx 3 kms. from Kaddukhal, the place where vehicles are parked. It is surrounded by dense forests and affords a scenic view of the surrounding region including the Himalayas to the North. The Ganga Dussehra festival is celebrated every year between May and June and attracts many tourists.
CHANDRABADNI
Chandrabadni is a mountain (2.277 ents. above sea level). On the border of Devprayag and Pratapnagar is the well known temple of Chandrabadni Devi, at the top of the mountain about 10 kms. north of Kandi Khal (on the Devprayag Kirti Nagar road). The legend says that the torso of Sati fell here and her weapons got scattered all around the place. Thus, even today a huge number of iron Trishuls (Tridents) and some old statues can be seen lying around the revered temple of Chandrabadni.
Chandrabadni commands a beautiful view of the Sirkanda, Kedarnath and Badrinath peaks. The temple is very small and contains a Shri-Yantra carved out on a flat stone instead of an idol. Traditionally, a cloth canopy is tied to the ceiling over this Shri-Yantra once a year by a Brahmin priest who is blindfolded. Road distance from Tehri Dam to Maa Chandrabadni Temple is 86 kms.
ALSO VISIT: Narender Nagar, Sem Mukhem, Budha Kedar and Kunjapuri.
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