Einojuhani Rautavaara Essay Example | Topics and Well Written Essays - 2000 words

Einojuhani Rautavaara - Essay Example in 1954. Most of Rautavaara's works have been recorded with his Symphony No. 7 been performed too. His works hint Modernism as well Romanticism and even show Constructivism and Mysticism. He can be well said to be a mediator in the creative process. In regard to the absence of history as Post-Modernist and being a Romantic he himself commented, "A Romantic has no coordinates. In time, he is yesterday or tomorrow, never today. In space, he is over there or over yonder, never here." He also demonstrated an extended approach in his Neo-Classical period. Among his early piano works, "Kolme symmetrist preludia (Three Symmetrical Preludes, 1949) was Constructivist; "Pelimannit" (Fiddlers, 1952) was folklorish; and "Ikonit" (Icons, 1955) stemmed from Orthodox mysticism." Rautavaara has marked the field in various musical ensembles as orchestral music, works for string orchestra, solo instrumental works, chamber music and vocal music. He writes extremely melodious tunes with depth and without being artificial which is surly a great achievement in present music scenario. Einojuhani Rautavaara's works are clear influences of the most complex human emotions. The main characters are always tangled within their hopes and fears, memories and hallucinations etc. The characters are the inspirations of the actual people from history but the operas are not the mere depiction of real historical events. He has well experimented with his characters for example the title characters in "'Thomas', "Vincent" and "Aleksis Kivi", the title characters are exceptional (one might almost say deviant) individuals; in "Auringon talo", the main characters are misfits on the fringe of society..." "..misfits on the fringe of society." Fimic.fi. Einojuhani Rautavaara: A composer of Many Personas. In his works it has been seen that the layers of time form Czars to contemporary, from Romantic to Neo-Classical keep intermingling without any specific relevance but the memory plays vital role in Proustian manner. His first award winning work "A Requiem in Our Time" had clear influences of Nordic classicism of Sibelius and Nielsen as well as that of Bartok, Shostakovich and folk music. In his early career he experimented with serial technique but those didn't come out to be real series. He tried to work upon it in his Symphony No. 3 but it seemed more like Anton Bruckner than the traditional serialists as Pierre Boulez. His later works reflect mystical element having referencing to angels - a menacing figure than being cherubic for him. "A characteristic 'Rautavaara sound' might be a rhapsodic string theme of austere beauty, with whirling flute lines, gently dissonant bells, and perhaps the suggestion of a pastoral horn." ......... suggestion of a pastoral horn." Classicalcat.net. Classical Cat- The Free Classical Catalogue. Rautavaara has been greatly fascinated by metaphysical subjects. It is not any doctrine which held his belief in this nut the words of a German

Planning and conducting research Proposal Example | Topics and Well Written Essays - 2000 words

Planning and conducting - Research Proposal Example It usually includes interaction with potential customers regarding their work, interests, opinions, trends and buying habits as well as paying attention to customer insights for future plans regarding products and services. The purpose of market research is to: 1) know the customer needs and wants; 2) to know if the customer is satisfied with the product or need; 3) identify potential target markets; and 4) establish the best advertising strategy for a given group of customers (Bull, 1994). The purpose of this study is to determine what particular research method is deemed effective in addressing the shortcomings, from the planned success, the consortium has experienced in the past three years. As a consortium of twenty-five tour operators in the United Kingdom that sells about 100 holidays and has 6000 customers that have already placed orders in the past, it is important to know which part of the services provided by the operators is most liked and least liked by the customers. The primary aim of this paper is to determine what are the services that need to be upgraded and services that are unnecessary. This paper will try to present a method that will be able to answer the following questions. This study is operated under the quantitative paradigm wherein the survey method will be utilized in order to elicit the relevant information needed to complete research (Frankfort-Nachmias & Nachmias, 1992). Besides, quantitative research plainly and distinctively specifies both the independent and the dependent variables under investigation (Matveev, 2002). It also follows resolutely the original set of research goals, arriving at more objective conclusions, determining the issues of causality and eliminates or minimises subjectivity of judgment (Kealey & Protheroe, 1996). The research variables were primarily analyzed in order to provide description on the factors that concerns the topic of the study. The variables of the study imply quantitative research wherein the data, situations, or other facts collected will be explained or correlated with other data. Basically, this research based its findings through quantitative research methods because this permits a flexible and iterative approach. Through this method, qualitative elements that do not have standard measures such as behaviour, attitudes, opinions, and beliefs are analysed. As such, the information that the informants of the study shared to the researcher will be accordingly examined, analysed and interpreted to answer the research questions presented. In order to gather the necessary data, the research will employ the survey method. The survey method will be implemented in three successive data collection procedures. These include the pretest of the questionnaire, the actual survey, and the back-checking after the analysis of the data. The pretest of the survey is necessary in order to identify possible shortcomings of the instrument that may hinder the efficient collection of valid and reliable data. On the other hand, the back-checking that will be implemented is to provide assurance that the results of the analysis are consistent with that of the available information and facts in the field. This research

In each industry, technology determines industrial structure, which Essay

In each industry, technology determines industrial structure, which determines the conduct of firms, which in turn determines the performance of firms. Explain and critically evaluate this statement - Essay Example However the reflection of this relationship would be quite clearly evident in relation with the entity’s market performance. In a larger macroeconomic context, such technological changes are in a broader sense expected to make impacts in the economy my as well. The level to which technology would affect the performance of an industry is however heterogeneous. This would mean that the micro level response of various firms to technological innovations and policy changes would vary to a larger extent (Smith K ,1999). However while analysing the macro level relationship, an evident sign of linkage can be found between the industry’s performance in the global scenario and the technology. This linkage has been found in the history of any industry. To understand the relevance of this statement the replacement of many traditional hand driven industries with automated technologies would be an ideal example. Ranging from agriculture to oil mining, technology always has changed the face and structure of the specific industry as per the standards of the age. However it is true that there are many other factors which drive the technological innovations specific to each industry. From the experiences in the history, it is quite evident that technology would bring massive change in the industrial structure both generic and specific to individual firms. Along with the relation of the structural changes with the performance of individual firms, it also important to understand the integration of these individual changes into complex social and economic relationships with their environments (Smith K ,1999). There are number of theories explaining the macro effect of the structural changes in the industry in relation with technology. This theory is based on the disequlibrium growth model based on creative destruction. It clearly proves the relationship of performance and growth of the industry with the introduction of substantial changes in

Nursing research Essay Example | Topics and Well Written Essays - 250 words - 20

Nursing research - Essay Example In this regard, the motivation process ensures that implementation of the change process remained on track and each stakeholder played an influential role in ensuring its success. It is crucial to energize staff involved in the process of change. First, the stimulation process should involve a capacity-building meeting whereby the staff undergoes the requirements of the change process with each member identifying the requirements and the responsibilities that they should play in ensuring successful implementation. In line with this, the capacity-building meeting will also act as a team building effort whereby team members will come together and be supportive of each other during the change implementation process. Secondly, daily meetings that will involve staff members talking about the challenges in the implementation process are crucial in ensuring that all members were supportive of each other’s efforts in the implementation process. In effect, members will help each other identify the ways of solving these challenges and ensure successful implementation of the change

The American Revolution: War Of Independence

The American Revolution: War Of Independence The American Revolution is a historical event that provokes the true spirit of nationalism in many Americans. They honor the proactive fathers, shake their fists at oppressive England, and applaud at the legends of daring and headship. It has always been the curiosity among the people that how the Americans of the 18th century got along with the victory. How did the green, weakly equipped, roughly trained military of a newborn country consisted of 13 liberated and jointly jealous nations draw closer to crush one of the worlds utmost military powers? Was it unknown New World insurrectionary strategy, French support, British wrong steps, American marksmanship, or the intrusion of great luck that made the difference? The question went on until in the years of 1950s and 1960s, French and American observation in Indochina grasped the life out of the query. There were evident and considerable distinction between the American revolutionary war and Vietnamese dispute. However, after Vietnam it no longer looked dubious that immense armed forces may possibly submerge in an effort with a minor but willful rival along with a resident population whose faithfulness may not be trusted, Above all, when the expenses of the warfare and ambiguity about its reasons damaged the big powers national help. All those circumstances were present in Britains battle with its American colonies. Post-Vietnam Americans know personally why Britain eventually could prefer to remove its military- albeit it was not totally crushed -rather than to lengthen a devastating struggle. Even so, the American Revolution is an unsuitable name for the reason that it was not really a revolution. Dr. George Grant (2003) define revolution as, the revolution occur when men goes for aggressive warfare not in favor of their command because they desire instantaneous alteration in or eradication of the previous command. (Grant, 2003, no. 20) These all things are found in the French Revolution, but not in the so-called American Revolution. Rather looking for essential reformation of society, the earlier fathers sought to defend traditional rights. (Woods, pp. 11). If it was not a revolution, then what was the American Revolution? Conceivably more appropriate terminology would be the American War for Independence. Longing to transform Englands rule as a result that the colonies would be regulated legitimately, the earlier fathers struggled no revolution, only a war for Independence in which Americans threw off British authority in order to retain their liberties and self-governm ent. (Woods, year, pp. 14). Their reflection formed by people like John Locke, John Calvin and Montesquieu, the first Americans had a conventional outlook of government that they assumed England had desecrated. Americans appealed to the King of England to reinstate their civil rights, but the king rejected. Hopeless of settlement, the colonists look forward to solve their problem by own self to reinstate the control, not to produce a new one. If the term revolution were applied, it would be more correct to declare that the revolutionaries were the English king and parliamentarians who rebuffed to go along with the printed agreements that they had handed over the colonies. (Grant, 2003, no. 20) Even though many hated British rule but the colonists did not desire to be free because they concealed abhorrence for England. There were various basis of war and were greatest significance to the Americans, who just wanted to claim their constitutional rights as British subjects. Earlier than the war, according to Woods, they complained that their early-chartered rights were being debased. (Woods, pp. 13) These all-primitive chartered rights were the mixture of the Magna Charta, the Arbroath Petition, and the English Bill of Rights. All these rights provided the same rights to the colonies as to the English cities. The Magna Charta granted stated observances of which we have granted in our kingdom as far as pertains to us towards are men, shall be observed in our entire kingdom. (Magna Charta) Nevertheless, King George III was not giving them their full rights that he was giving to English cities by imposing additional taxes and laws that were not there in England itself. Instead of hearing Americans plea peacefully, the Americans were charged ruthlessly by the British government to insure the price of the war. As John Locke describes tyranny in his Second Treatise on Government as the application of power ahead of right and that right being in the purpose of government to safeguard all the mankind rather than harming anybody except it is for the purpose to do fairness on an wrongdoer. British breached the rights of the charters, liberty and natural law. What England was forcing on the colonies was also an infringement of the Magna Chartas section 13. By all laws that mentioned above and by their own individual charters, the colonies were legally protected from Englands dishonest proceedings. The primitive Americans were worried about their family; they intended to guard the freedom that they had navigated the ocean to safeguard and the colonists thought that their charters stood as promise. When their complaints were neglected, the colonists struggled tenaciously for freedom. (Grant, 2003, no. 18) The colonists were not struggling for a trouble-free living for themselves, but for liberty from oppression for their companions, kids, and generations to come. They wanted to defend the biblical commandment in spite of of Englands tyranny. Because of salutary neglect a term meaning that English government backed out of the colonies business for years the Americans had efficiently governed themselves while England was busy fighting wars. The colonists had happy and peaceful livelihood when the British were busy in their wars and did not hoped to be bothered. However, at the wrapping up of their wars, Britain began taxing the colonies. As expected, the colonists objected, but the English branded them as extremists. After doing a number of efforts to resolution, the colonists left and go for the way out which was war. In succeeding years, it has been feasible to evaluate further considerately than before the troubles Britain confronted in formulating a successful plan for terminating American confrontation and to point the variations in British notions of how to carry out a complex battle. At first, the British perceived conflict as the discipline of the unruly. According to the second President of the United States John Adams, the record of the American Revolution activated as early as 1620. The Revolution was provoked before the war started. The Revolution was in the hearts of the people. The values and enthusiasm that directed the Americans to rise up and to be located back for two hundred years and wanted in the past of the country from the first initiative in America. More severe in its consequences was the new financial strategy of the British government, which required more funds to sustain the rising empire. Unless the taxpayer in England was to contribute it all, the colonies would have to supply as well. However, takings could be obtained from the colonies simply via a stronger central management, at the cost of colonial autonomy. The foremost action in launching the new structure was the approval of the Sugar Act of 1764. This was planned to gather revenue exclusive of regulating trade. Actually, it substituted the Molasses Act of 1733, which had positioned an excessive import taxes from non-English regions. To impose it, customs representatives were prepared to demonstrate more power and strictness. On the night of April 18, 1775, General Gage transmitted persuasive facts of his battalion to remove these weapons and to take Samuel Adams and John Hancock into custody, both of whom had been commanded to send to England for their trial. However, Paul Revere and two other messengers had warned the whole country. After the quarrel on 18 April 1775 at Concord, the British thought they might finish civil disobedience by separating and reprimanding the insurgents at Boston via display of power. By squeezing the core of struggle, the British expected to get the remainder of the colonies into a row. On the contrary, this tactics did not last long. On 17 June 1775 at the Battle of Bunker Hill, the British instigated a wild frontal attack on the American positions on Breeds Hill in an effort to show the indestructibility of trained armed forces against inexperienced troops. The exhibition was not a success. Despite of the excessive sufferings, the rejection of the Americans to surrender until they tire out their bullets forced the British to have another look at American power. It was no longer convinced that the revolts could be frightened. Moreover, the flood of assistance from further New England towns and the guarantee of abet from the other colonies damaged their certainty that the revolt cente red in Boston only. With first suppositions about the rebellion failing, the British must call for a new plan. On May 10, 1776, a declaration to cut the Gordian knot was approved. At that time only a official announcement was required. On June 7, Richard Henry Lee of Virginia presented a resolution announcing in support of independence, overseas coalitions, and American federation. Instantly, a team of five, supervised by Thomas Jefferson of Virginia, was appointed to dispose a formal statement setting forth the causes which impelled us to this mighty resolution. On 4 July 1776, the day of Independence was declared. It was not only declaration of the newborn state but also lay down the example of philosophy of human freedom for upcoming generation. It lay not specific objections but upon a wide support of individual autonomy that could control common support all over America. The political philosophy behind the liberty was precise and clear: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. That is to secure these rights, governments are instituted among men deriving their just powers from the consent of the governed: that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new governmentà ¢Ã¢â€š ¬Ã‚ ¦ (Jefferson) In the Declaration of Independence, the colonists legitimately declared their self-governance and make a list of injustices carried out against them. At that time, Jefferson made it apparent that in every step of these tyrannies they have formally requested for restoration but they have been disappointed every time. The Revolutionary War persisted for further six years, with combating in every colony. For several months once independence was confirmed, the Americans experienced harsh setbacks. The opening of these was in New York. From the moment the Declaration of Independence was signed, France had not been impartial. The government had been willing to take revenge with England from the time when France was crushed in 1763. In addition to that, eagerness for the American reason was great: the French logical world was itself in rebel against feudalism and its benefits. Yet, although France had appreciated Benjamin Franklin to the French court and had provided aid to the United State s, it had been unwilling to jeopardize of direct intrusion and openly call for war with England. After the war of years, British wishes to take legal action against the war. However, in the year of 1782, the House of Commons voted to discard this attempt. Lord Norths control knocked out, and the new ministry under Lord Rockingham initiated talks with the American peace representatives. Dialogues began in April in Paris and the initial articles of peace were signed on 30 November 1782. After approval by Britain and the U.S. Congress, the ultimate peace treaty was signed September 3, 1783. The war has been refought numerous times in an effort to detect the vital British blunders. Perhaps no policy was identical to the task of soothing American struggle. Regardless of their greater numbers, the British carried out in an aggressive situation that again and again overwhelmed all attempts to stop rebellion. It is correct that as the war heaved on Americans were lethargic to join up, unwilling to pay for still more supplies, and extremely exhausted of the quarrel. However, in the final analysis it was the rebuff of the national population to surrender and the willpower of hundreds of inexperienced, badly supplied militia companies to annoy the opponent that weighed greatly in the crushing of the British forces in America. The former Americans did build a new administration later than the American War for Independence and only in that manner; the earlier fathers can be believed as revolutionaries. Instead of a rebellion of horror and fear, nevertheless, the American Revolution was a diplomatically and fatalistic revolution. After all this, the real revolution started in America when England treated America as a self-regulating state. Americans were looking to modify instead of completely changing the government. Since they were having biblical fundamentals in their society, earlier Americans realized that man is corrupt and on earth, there cannot be an ideal government. Nevertheless, they were having hope that it was achievable with Gods help. Therefore, with the intention of forming an ideal coalition, create justice, assure domestic harmony, present the general security, encourage the common wellbeing, and protected the blessings of independence to ourselves and salute to the former Fathers that initiated the American Reformation. Work Cited The Constitution of the United States of America. Law.emory.edu. 1787. Emory Law School. 1995. DeMar, Gary. Was it Right to Fight the War for Independence? Biblical Worldview Magazine July 2005 Grant, George C. American Culture. Lecture notes. Franklin, Tennessee; Gileskirk, 2003 Jefferson, Thomas The Declaration of Independence. U.S. History.org 1776. U.S. History.org. 1995. Locke, John. Second Treatise on Government. libertyonline.hypermall.com .1690. Liberty Online. 1999 . The Magna Charta Constitution.org 1215. Constitution Society.1995. Woods, Thomas E., Jr., Ph.D. The Politically Correct Guide to American History. Washington D.C.: Regnery Publishing Inc, 2004

Law and morality

Law and morality Title: The ultimate basis for adhering to the positive thesis of the conceptual differentiation of law and morals is itself a moral reason. The point is to make sure that it is always open to the theorist and the ordinary person to retain a critical moral stance in face of the law which is. (MacCormick) Discuss. EXAM MODEL ANSWER Introduction This discussion focuses on the relationship between law and morality and the conceptual differentiation of the two paradigms. It is appropriate to begin with a definition of terms. Law can be defined as a body of rules and principles of procedure and conduct established and enforced by a political authority. Morality can be defined as a code of conduct advanced by a society or religion or adopted by an individual to guide his or her own behaviour[1]. In essence, as Kant asserts in Groundwork of the Metaphysics of Morals[2], morality is a personal concern, whereas law is a societal concern. There is a complex nexus between law and morality, the extent and depth of which has fluctuated over time and the appropriateness of which is the subject of considerable debate. The following commentary contains an analysis of the featured quote underpinned by observations from eminent authorities in the field. Law and Morality Law can be distinguished from morality on the grounds that a legal system is comprised of specific, written principles and rules interpreted by officials who are charged with the duty of applying appropriate penalties and awarding appropriate remedies. In very broad terms, the law and morality have a common goal, being the lessening of social harm or evil. There is undoubtedly a substantial overlap between the conduct governed by law and that governed by morality and laws are inevitably often judged against a moral matrix. As, for example, the current debate concerning the age of criminal responsibility for children illustrates, moral criticism is commonly the catalyst for reform of the law and as Dworkin argues in Law’s Empire, the interpretation of the law should delve beyond the black letter of the legal framework into the realm of morality[3]. This position is comparable to that of Raz in Legal Principles and the Limits of Law[4]. It is often difficult to chart a neutral path between the substantive theories of legal positivism and legal moralism, as Koller illustrated in The Concept of Law and Its Conceptions[5]. Debate on the issues of ‘natural law’ and ‘morality’ has been plagued by vague definition and incongruous terminology. Even those positivists who might be characterised as ‘soft’ or ‘inclusive’ have conceded that there is no obligatory connection between morality and law, although they often contend that moral criteria are referenced in determining the validity of legal principles, such as constitutional rights as put forward by Waluchow in The Weak Social Thesis[6]. The famous Hart/Devlin debate of the 1950s and 60s sparked by publication of the Report of the Committee on Homosexual Offences and Prostitution (the Wolfenden Report)[7] in 1957 concerned the proper relationship between morality and law. This debate eventually saw the arguments for the dislocation of law from private moral choices advanced by Hart win out over the conservative ideology of Lord Devlin, who was concerned to preserve the link for the ‘good’ of society. Hart put forward a theory of positive law, which has been considered in recent times by commentators such as Orts, who in Positive Law and Systemic Legitimacy: A Comment on Hart and Habermas[8], has argued for exception from the thesis of the separation of morality and law along the lines of ‘systemic legitimacy’ drawn from the work of Habermas. It is certainly true that critical legality can be employed to contrast Hart’s own conception of â€Å"critical morality† and it is submit ted that Orts is well founded in his central contention that modern positive legal systems must maintain systemic legitimacy. MacCormick’s view is manifestly correct, although it is really stating little more than the obvious. A critical moral stance must always be retained in the face of the law and while the legal system is operated by human beings this will inevitably be the case. The law will always be guided, to some extent by a moral compass and morality will continue to influence decision-making and the day-to-day administration of justice in every corner of the legal system. Cases such as Pretty v United Kingdom (2002)[9] concerning the right to die and euthanasia, R v R (1991)[10] concerning rape in marriage, Re A (Children)(2000)[11] regarding the separation of conjoined twins and R v Brown (1993)[12] dealing with consensual acts of homosexual sadomasochism, illustrate that in practice (which overrides the abstract) the relationship between law and morality is indivisible. Concluding Comments Law governs conduct within our society. Morality influences personal decisions relating to individual conduct. The conceptual differentiation of law and morals is thus, at fundamental level, difficult to identify with precision. It is true to conclude that law can be divided into two components. Law consists of a body of basic concepts (its conceptual system) and of a body of general legal principles (its substantive system). The distinction between these two components is not easy to describe, but in essence the underlying conceptual system endeavours to distil the basic framework and superstructure of the paradigm of law, whereas the overarching substantive system lays down its morally-shaded, normative constituent parts. It is submitted that in what is a highly subjective and often abstract field of theory, there are no right answers, but some that are clearly ‘better’ than others. Rational natural law theory clearly anchors the contents of law firmly in morality and equates legal principle with moral principle. Therefore, while conceptual legal dogma separates law from morality (although this need not discharge itself into positive law), natural law forges a coalescence. This commentator supports the line taken by Puchta in Cursus der Institutionen[13], in drawing a distinction between law and morals which, in turn is in accord with the Kantian distinction between legality and morality. In this sense the law delineates the outer limits to be imposed on individual freedom of choice, while morality is confined to an internal, personal choice which is influenced by a subjective sense of obligation, conduct and social duty. This suggests that the primary connection between law and morality is that the law provides individuals with the possibility to make moral choices with certain parameters. THE END EXACT WORD COUNT INCLUDING TEXT OF ANSWER ONLY : 1002 Question text, footnotes and bibliography not included. BIBLIOGRAPHY Case law as footnoted to standard citation Dworkin R, Law’s Empire (Legal Theory), (1986) Belknap Press Kant, I., Groundwork of the Metaphysics of Morals, (1967) Barnes Noble Koller, P., The Concept of Law and Its Conceptions, (2006) Ratio Juris Vol.19 Issue 2, pp 180 -196 Orts, E., Positive Law and Systemic Legitimacy: A Comment on Hart and Habermas, (2007) Ratio Juris, Vol. 6 Issue 3, pp 245 278 Puchta, G., Cursus der Institutionen, (2002) (reprint of 1850 edition), Adamant Media Corporation Raz, Legal Principles and the Limits of Law, (1972) 81 Yale Law Journal 823 Report of the Committee on Homosexual Offences and Prostitution 1957 (London: HMSO) Cmnd 247 Wallace, G. and Walker, A. D. M., editors, The Definition of Morality, (1970) Methuen Waluchow W., ‘The Weak Social Thesis’ (1989) 9 Oxford Journal of Legal Studies 23 Footnotes [1] See for insightful comment: Wallace, G. and Walker, A. D. M., editors, The Definition of Morality, (1970) Methuen. [2] Kant, I., Groundwork of the Metaphysics of Morals, (1967) Barnes Noble. [3] Dworkin R, Law’s Empire (Legal Theory), (1986) Belknap Press [4] Raz, ‘Legal Principles and the Limits of Law’ (1972) 81 Yale Law Journal 823. [5] Koller, P., The Concept of Law and Its Conceptions, (2006) Ratio Juris Vol.19 Issue 2, pp 180 -196. [6] Waluchow W., ‘The Weak Social Thesis’ (1989) 9 Oxford Journal of Legal Studies 23. [7] (1957) (London: HMSO) Cmnd 247. [8] Orts, E., Positive Law and Systemic Legitimacy: A Comment on Hart and Habermas, (2007) Ratio Juris, Vol. 6 Issue 3, pp 245 278. [9] (2002) 35 EHRR 1. [10] (1991) 1 All ER 759. [11] (2000) EWCA Civ 254. [12] (1993) 2 WLR 556. [13] Puchta, G., Cursus der Institutionen, (2002) (reprint of 1850 edition), Adamant Media Corporation.

Free Essays - A Dysfunctional Henry in A Farewell to Arms :: Farewell Arms Essays

A Dysfunctional Henry in A Farewell to Arms In Ernest Hemmingway's A Farewell to Arms, the protagonist, Frederic Henry is both dysfunctional and tragic. Throughout the story Henry lives up to this description of shear tragedy and dysfunction. The main elements that aid in making him both tragic and dysfunctional are: the fact that the love he and Catherine shared at the end of the book was doomed, this love was only "role-playing" to him at first, and he went AWOL on the Italian army. The first detail that contributes to making Henry a dysfunctional character is that he uses role-playing as a way of escaping the realization of the human mortality which is unveiled by the war. This role-playing begins on Henry and Catherine's third encounter. After this meeting the two become increasingly comfortable with their roles. It is as if their whole relationship is a "game". Neither one of them mistakes role-playing for a truly intimate relationship, but both recognize that it can be a useful device for satisfying certain emotional needs. This role-playing is a very dysfunctional characteristic of Frederic Henry. The second point that makes Henry a dysfunctional character is that he deserted the Italian army. Not only was this illegal but it could have cost him his life. Henry, although an American, had made a commitment to the Italian army, to protect and serve Italy. This characteristic alone is enough to make one dysfunctional, as it does to Henry. In addition to being a dysfunctional character, Henry is also a tragic character. Catherine is pure tragedy. Although the relationship that the love that Henry gains for Frederic and Catherine had started out to be only role-playing it turned into something much more, it became true love. This love was more than could be explained in words. Their love during an ugly war was not to be recreated or modeled even as much as through a baby conceived by their love. The baby could not be born alive because their love was beautiful yet doomed so that nothing could come out of it. "In a world where the abstracts of glory, honor, and sacrifice meant little to Frederic, his physical association with Catherine was the only thing he had and it was taken away from him long before she died.

Policy Implications from the Montreal Protocol :: Environment Kyoto Essays Papers

Policy Implications from the Montreal Protocol Executive Summary In the mid 1980s, the international community decided to address the issue of ozone depletion. In 1987, the Montreal Protocol was signed, setting out abatement schedules for major ozone depleting substances. Due to several unique factors surrounding the issue of ozone depletion, the Montreal Protocol was, and continues to be, a great success. That being said, there are a number of problems that parties to the agreement have faced over the years, and it is important to learn from these and apply the lessons to future international environmental agreements. For one, trade leakage was a major problem for developed nations under the Montreal Protocol. Moreover, other issues, including illegal trade, technology transfer problems, data collection problems, and conflicts with subsequent environmental agreements have marred the Montreal Protocol, and need to be considered when crafting new abatement policies, such as the Kyoto Protocol. Montreal Protocol Up until the late 1920s, the most common artificial refrigerants were toxic and volatile gases such as ammonia and methyl chloride. It is for this reason that when chemist Thomas Midgley Jr. developed what appeared to be a safe and inert substitute in the form of the family of chemicals known as chlorofluorocarbons in 1930, they were soon widely adopted as coolants for both refrigeration and industrial solvents1. It wasn’t until a few decades later, in 1974, that two scientists by the names of F. Sherwood Rowland and Mario Molina proposed that CFC emissions would lead to the destruction of the stratospheric ozone layer2. At that time Drs. Rowland and Molina suggested that while inert in the lower atmosphere, when CFC molecules reach the stratosphere and are exposed to ultraviolet radiation they release chlorine atoms that will bond with the atmospheric ozone to form chlorine monoxide. Ten years later, in the mid 1980s, Antarctic researchers discovered a large hole in the ozone layer. This finding seemed to be corroboration of Rowland and Molina’s original findings2. With a depleted ozone layer, higher levels of UV radiation will reach the earth’s surface and cause a range of problems3. These problems can include reduced plant growth, which would have extensive implications for the agricultural sectors around the world; higher mortality of phytoplankton, which could affect marine ecosystems and ultimately fish stocks worldwide; and higher rates of skin cancer and melanoma among humans. â€Å"A United Nations Environment Programme (UNEP) study [showed] that a sustained 1 percent decrease in stratospheric ozone will result in about a 2 percent increase in the incidence of non-melanoma skin cancer, which can be fatal. With the successful phase-out of CFCs, however, EPA expects 295 million fewer cases of this

Impression Formation Study

Abstract This report is based on impression formation. A study was conducted to see if the order of information presented about a hypothetical person to a participant has an effect on their impression final first impression of that person.Participants from London Metropolitan University (80 participants) were put into two groups, in which they were asked to rate their impression of a hypothetical person with a list of given adjectives (positive and negative), first they are given words that describe this hypothetical person, the describing words were identical, just presented in different orders, depending on which one (of the two) groups the participant was placed in. It was found that a more positive opinion was described for the hypothetical person in which the participants heard positive to negative adjectives compared to that of the negative to positive adjectives.Intro A topic that has been explored in psychology is how people come up with first impressions, and what informatio n is important to help form impressions. The question asked here was simply; how do people form impressions of theirs based on limited information. The founder of research into this field was Asch (1946), who was worried about the principles behind forming impressions. Asch (1946) conducted a study where, he had two groups, in which both were given lists of words in different orders according to which group the participants were assigned to.Asch found that the group given the positive words followed by the negative words developed a more positive first impression than the group who received the words negative words then given the positive words. He concluded that the first words are the words that are most important and are the traits that are remembered this is called the primacy effect. However other research shows that the primacy effect isn’t always the one remembered, and the most recent (recency effect) adjectives may be the adjectives that influence the participant.Thi s may happen in situations where the participant has been given too much information; or they are tired and lack motivation and if these factors are not present, the more common effect is the primacy effect. It was concluded that the primacy effect is the main view to how people form impressions and it was stated that the first adjectives used are the most important and have a lot more influences then the later adjectives. The aim of this experiment is to build on the findings of Asch’s configural model and this study aims to replicate the results achieved by Asch.This study will employ the same design, two groups under different conditions. The lists of words are as follows, positive – negative intelligent, industrious, impulsive, critical, stubborn, and envious. Negative – positive envious, stubborn, critical, impulsive, industrious and intelligent. Thereafter the participants were asked to describe the hypothetical person with a set of adjectives (positive an d negative, and asked to apply these to the hypothetical person (generous-mean, sociable-unsociable, reliable-unreliable, polite-rude, pleasant-unpleasant).From these it was worked out whether the impression was more positive or negative. There are different sorts of hypothesis which could have been explored. It has been decided that hypothesis will be directional, casual hypothesis. The hypothesis of the experiment is that, Participants who are given traits, positive – negative will have a more positive view of the hypothetical person. Which means that the participants given trait negative – positive traits will have a more negative view to that hypothetical person. Method ParticipantsThe amount of participants used was a figure of 80 participants, this was divided into two groups of 40, one group which would receive the traits negative – positive and the other to receive positive to negative. The participants were students at London metropolitan university, wh ich consisted of an age range 17 to 44 years, Mean = 21. 35, Standard Deviation = 4. 67. There were 56 females and 24 males. The participants were treated in accordance to the ethical principles of the BPS and gave consent and were told they could withdraw at any point.Materials and/or Apparatus The materials used in this experiment included a computer, the size of the screen was 17 inches, where trait lists were used, and the trait list for the positive – negative group goes as follows; intelligent, industrious, impulsive, critical, stubborn, and envious. The other group received the exact same words, just backwards which goes as follows; envious, stubborn, critical, impulsive, industrious, and intelligent. The words were viewed on a white back ground with a font size on 28 and font type of Calibri.The other apparatus involved included an online questionnaire. Procedure The participants were told they would be shown a screen of words, and were told that after viewing the wor ds they should form an impression of a hypothetical person and will have to answer an online questionnaire which according to the hypothesis should help us gain results which will contribute to research towards primacy effect. The participants were shown their respective trait lists, depending on the group they were assigned to. Each word was shown for 3 seconds with an interval of 1. seconds between trait adjectives, after being shown the words the participants were asked to complete an online questionnaire which consisted of 6 questions. To test the hypothesis, we must calculate the mean score and standard deviation for all participants in both groups. Starting with the positive – negative and ending with the negative to positive group. Results The results of the experiments are as follows; the group that received the positive to negative traits, mean average was M=3. 4 and the standard deviation SD= 0. 84.The results for the group which received the trait adjectives from n egative to positive had different results, the results are as follows, the mean was M=2. 72 and the standard deviation SD=0. 83 Discussion The hypothesis at the start stated the group which was given the positive – negative traits would develop a better and more positive impression, then the group who received the traits in the order of negative – positive. This has proven to be the case as the higher the mean number, the more positive the impression formed and noted by the participants, through answering the questions of the online questionnaire.The results which support the hypothesis support the theory of the primacy effect, which is consistent with and supports Asch’s (1946) previous work. However just looking at the results of the experiment without no averages or means, a couple of scores stood out, where participants in the positive to negative group formed an impression of the hypothetical person, which didn’t support the hypothesis, there was als o scores from the negative – positive group which didn’t support the hypothesis, which means recency effect was something that also took place in this experiment.Future research could include the same experimental design, however, it might be better if the research produced more qualitative data, this could be accomplished, by simply changing the online questionnaire into an interview, where the thought of the impressions formed can be noted, this may help can a better overall understanding, and would be a lot more useful than some of the statistics presented.References E. Bruce Goldstein, (2005). Cognitive Psychology; connecting mind, research and everyday experience. Perception 55- 75 Langdridge, D. , & Hagger-Johnson, G. (2009). Introduction to research methods and data analysis in psychology (2nd edition). Harlow, Essex: Pearson Education Limited.

Drama

Removing vowels from words to analyses language and see how each sentence sounds different Implantation of characters- Give each characters characteristics of an animal that reflects their personality. Perform a scene as that animal/ Off text practical improper as animal Off text monologue Hot seating (Circle hot seating Move around circle and change roles/ask questions In role.Teacher or student facilitates process and gives topics or controls questions asked) Gender swooping Status exercise playing cards 7 stages of tension Simon Encumber who co-founded Theatre De Complicity, uses the Seven Levels of Tension when working on Improvisation. It is a method of working which shares certain escalates with Statisticians Method of Physical Action (I. E. Asking yourself Who, What, Why, Where and When) No Tension (COMA) The relaxed (A little tension) The Neutral (Not Glenn off tension) Alertness Suspense Passionate The release of tension (Exploding) One at a time Run and stop and scream.Then again exaggerated Alma to show use of control El coo Neutral mask same scene different proteomics one minute character Journey (Physically show their life in a one minute speedy movement sequence) Freeze- frames Adding dialogue- removing it Power line- good to bad angel and devil scene representing characters state of mind. Imagine there is a physical line on the floor Giving characters different objectives throughout a scene and they must achieve it in the scene regardless of dialogue Limiting dialogue to 10 key words String game.Tying characters together with strings of different lengths to explore different proteomics. Remove string and repeat scene keeping proteomics and tension exactly the same as before. Flocking exercise (flock of birds).

Globe Telecom Paper Essay

Corporate History Globe Telecom has firmly imbibed itself into the hearts and minds of more than twenty six million subscribers. It has been there in every way for its customers, in building relationships, at work, communicating and reaching out. Inasmuch as Filipinos love to communicate, Globe has been a reliable partner, ready to provide the most convenient and affordable service as possible. For 83 years, Globe has lived up to its reputation of innovation leader – from the moment it introduced the first SMS or text messaging service in the country, and today’s introduction of the first personalized postpaid plans. Globe has been a pioneer in many ways; each new beginning is a testament of its commitment to serving its customers better. In 1928, Congress passed Act No. 3495 granting the Robert Dollar Company, a corporation organized and existing under the laws of the State of California, a franchise to operate wireless long distance message services in the Philippines. Subsequently, Congress passed Act No. 4150 in 1934 to transfer the franchise and privileges of the Robert Dollar Company to Globe Wireless Limited which was incorporated in the Philippines on 15 January 1935. Globe Wireless Limited was later renamed as Globe-Mackay Cable and Radio Corporation (â€Å"Globe-Mackay†). Through Republic Act (â€Å"RA†) 4630 enacted in 1965 by Congress, its franchise was further expanded to allow it to operate international communications systems. Globe-Mackay was granted a new franchise in 1980 by Batasan Pambansa under Batas Pambansa 95. In 1974, Globe-Mackay sold 60% of its stock to Ayala Corporation, local investors and its employees. It offered its shares to the public on 11 August 1975. In 1992, Globe-Mackay merged with Clavecilla Radio Corporation, a domestic telecommunications pioneer, to form GMCR, Inc. (â€Å"GMCR†). The merger gave GMCR the capability to provide all forms of telecommunications to address the international and domestic requirements of its customers. GMCR was subsequently renamed Globe Telecom, Inc. (â€Å"Globe†). Fast Forward It was a monumental partnership in 1993, with then President Fidel V. Ramos as witness to the signing of a Memorandum of Understanding between Ayala Corporation and Singapore Telecom, Inc. (STI), wholly-owned subsidiary of Singapore Telecommunications Limited (SingTel), was formalized, that created a formidable Globe Telecom. During the year, Globe Telecom was catapulted to the status of a giant in the telecommunications industry, and awarded an initial US $30 million supply contract. Since then, Globe Telecom has revolutionized the way Filipinos connect and communicate with the launch of the Globe Handy phone, the country’s first fully digital CMTS (Cellular Mobile Telephone System) using the GSM (Global Systems for Mobile) communications network. It obtained its provisional authority (PA) for International Gateway Facility (IGF) operations and rolled out its fixed telephone service and international direct dial (IDD) services in designated areas. Within a couple of years, Gl obe launched its G-Net service in 1995 to become the first Philippine telecoms carrier to offer internet access. Thereafter, Globe went into acquisition (Islacom) and interconnection agreements with other telecom carriers to boost its network and services. In 2000, Globe joined C2C Cable Network, a fiber-optic submarine cable project in the Asia Pacific region. The following year, Globe inaugurated its first cable landing station and backhaul facility in Nasugbu, Batangas. By 2004, Globe launched the GCASH, a breakthrough in mobile commerce and e payments. In 2009, Globe inaugurated its second landing station in Ballesteros, Cagayan. It also reinforced its best network connectivity with the TGN-Intra Asia Cable System and the first in the country to launch worldwide interoperability for Microwave Access (WiMAX). A breakthrough in mobile and landline service for postpaid subscribers in Metro Manila and Cebu called DUO was introduced. This was later on offered to small and medium enterprise (SME) clients, fulfilling the need for additional business lines at a cheaper cost. Globe also introduced the BlackBerry ® lifestyle to the Philippine market with the BlackBerry ® Storm, powered by Globe Personal BlackBerry ® Plans. Globe was granted the preferential selling rights to the iPhone 3G and iPhone 3GS. This partnership with Appleâ„ ¢ was reinforced in 2010 with the launch of the iPhone 4. Globe Telecom and Visa were recognized as the first two founding partners of the Mobile Money Exchange at the GSMA Annual Mobile Money Summit in Barcelona. Globe Data Center achieved an ISO 27001:2005 certification for having met the Information Security Management System (ISMS) standard. It also received an ISO 9001:2008 certification upgrade for meeting the Quality Management System standard. Boosting its network further, Globe participated in the new Southeast Asia Japan Cable (SJC) System, the highest capacity system in the world that links Singapore, Hong Kong, Indonesia, Philippines and Japan. The company achieved another first by having its Globe Carrier Ethernet offerings certified by the Metro Ethernet Forum (MEF) according to MEF 9 service-provider specifications. Globe also rolled out its second fiber optic backbone network (FOBN2), a high capacity transmission system that spans over 1,900 kilometers of inland and submarine cable, covering most areas of Luzon, Visayas, and Mindanao. Overview Globe Telecom, Inc. is a major provider of telecommunications services in the Philippines, supported by over 5,700 employees and over 786,000 retailers, distributors, suppliers, and business partners nationwide. The Company operates one of the largest and most technologically-advanced mobile, fixed line and broadband networks in the country, providing reliable, superior communications services to individual customers, small and medium-sized businesses, and corporate and enterprise clients. Globe currently has over 29 million mobile subscribers, over 1,363,000 broadband customers, and over 666,000 landline subscribers. Globe is also one of the largest and most profitable companies in the country, and has been consistently recognized both locally and internationally for its corporate governance practices. It is listed on the Philippine Stock Exchange under the ticker symbol GLO and had a market capitalization of US$2.7 billion as of the end of September 2011. The Company’s principal shareholders are Ayala Corporation and Singapore Telecom, both industry leaders in their respective countries. Aside from providing financial support, this partnership has created various synergies and has enabled the sharing of best practices in the areas of purchasing, technical operations, and marketing, among others. Globe is committed to being a responsible corporate citizen. Globe BridgeCom, the company’s umbrella corporate social responsibility program, leads and supports various initiatives that (1) promote education and raise the level of computer literacy in the country, (2) support entrepreneurship and micro-enterprise development particularly in the countryside, and (3) ensures sustainable development through protection of the environment and excellence in operations. Since its inception in 2003, Globe BridgeCom has made a positive impact on the lives of thousands of public elementary and high school students, teachers, community leaders, and micro-entrepreneurs throughout the country. For its efforts, Globe BridgeCom has been recognized and conferred several awards and citations by various Philippine and international organizations. The Globe Group is composed of the following companies: †¢ Globe Telecom, Inc. (Globe) provides mobile telecommunications services; †¢ Innove Communications Inc. (Innove), a wholly-owned subsidiary, provides fixed line telecommunications and broadband services, high-speed internet and private data networks for enterprise clients, services for internal applications, internet protocol based solutions and multimedia content delivery; †¢ G-Xchange, Inc. (GXI), a wholly-owned subsidiary, provides mobile commerce services under the GCash brand; †¢ Entertainment Gateway Group Corp. and EGGstreme (Hong Kong) Limited (EHL) (collectively referred here as EGG Group), provide digital media content and applications; and †¢ GTI Business Holdings, Inc. (GTI), a wholly-owned subsidiary, is an investment company with authority to provide VOIP services. The Company is a grantee of various authorizations and licenses from the National Telecommunications Commission (NTC) as follows: (1) license to offer and operate facsimile, other traditional voice and data services and domestic line service using Very Small Aperture Terminal (VSAT) technology; (2) license for inter-exchange services; and (3) Certificate of Public Convenience and Necessity (CPCN) for: (a) international digital gateway facility (IGF) in Metro Manila, (b) nationwide digital cellular mobile telephone system under the GSM standard (CMTS-GSM), (c) nationwide local exchange carrier (LEC) services after being granted a provisional authority in June 2005, and (d) international cable landing stations located in Nasugbu, Batangas and Ballesteros, Cagayan. Globe is organized along three key customer facing units (CFUs) tasked to focus on the integrated mobile and fixed line needs of specific market segments. The Company has a Consumer CFU with dedicated marketing and sales groups to address the needs of retail customers, and a Business CFU (Globe Business) focused on the needs of big and small businesses. Globe Business provides end-to-end mobile and fixed line solutions and is equipped with its own technical and customer relationship teams to serve the requirements of its client base. Beginning 2011, Globe organized an International Business Group to serve the voice and roaming needs of overseas Filipinos, whether transient or permanent. It also allows the Company to leverage product portfolio on regional and global opportunities. Business Segments Mobile Business Globe provides digital mobile communication services nationwide using a fully digital network based on the Global System for Mobile Communication (GSM) technology. It provides voice, data and value-added services to its mobile subscribers through three major brands: Globe Postpaid, Globe Prepaid and TM. Globe Postpaid includes all postpaid plans such as regular G-Plans, consumable G-Flex Plans, Load Allowance Plans, Load Tipid, Apple TM iPhone 3G plans and high-end Platinum Plans. In 2010, the Company further expanded its postpaid offerings to include MY SUPERPLAN and MY FULLY LOADED PLAN which allow subscribers to personalize their plans, choose and combine various unlimited call, text and web browsing service options. In addition to these personalized plans, Globe has made available various add-on roaming and mobile browsing plans to cater to the needs of its subscribers. In 2011, Globe consolidated its personalized and customizable plan service with the launch of the All New My Super Plan where subscribers are given the flexibility to create their own plans by either subscribing to an All-Unlimited Plan or an All-Consumable Plan. Subscribers also get the chance to design their plans based on their usage by selecting the freebies and add-on services that would come with their subscriptions. To further enhance their experience, subscribers are allowed to change the freebies and add-on services monthly. Globe Prepaid and TM are the prepaid brands of Globe. Globe Prepaid is targeted towards the adult, mainstream market. Its unique brand proposition revolves around its innovative product and service offerings, superior customer service, and Globe’s â€Å"world widest† services and global network reach. TM, on the other hand, caters to the value-conscious segment of the market. In addition to digital wireless communications, Globe also offers mobile payments and remittance services under the GCash brand. GCash is an internationally acclaimed micro payment service that transforms a mobile phone into a virtual wallet, enabling secure, fast, and convenient money transfers at the speed and cost of a text message. Since the launch of GCash, wholly-owned subsidiary GXI has established a wide network of local and international partners that includes government agencies, utility companies, cooperatives, insurance companies, remittance companies, universities, and commercial estab lishments which all accept GCash as a means of payment for products and services. Globe offers various top-up or reloading options and facilities for prepaid subscribers including prepaid call and text cards, bank channels such as ATMs, credit cards, and through internet banking. Subscribers can also top-up at over 786,000 AutoLoad Max retailers nationwide, all at affordable denominations and increments. A consumer-to-consumer top-up facility, Share-A-Load, is also available to enable subscribers to share prepaid load credits via SMS. Globe’s AutoLoad Max and Share-A-Load services are also available in selected OFW hubs all over the world. The Company has a loyalty and rewards program called My Rewards, My Globe for Globe Prepaid subscribers and TM Astig Rewards for TM subscribers. Under the program, and based on a defined scoring system, prepaid subscribers earn points based on tenure and reload. Subscribers can use their points to redeem rewards including Globe and TM products, travel mileage, and gift certificates from leading retail establishments. Globe Postpaid subscribers outside the lock-up period can also earn points based on their monthly billed amounts and length of stay with Globe. Rewards also include Globe products, as well as bill rebates, gadgets, gift certificates, and travel mileage. Subscribers have the option to redeem rewards instantly, or accumulate points to avail of higher-value rewards. Redeemed points in a form of telecom services is netted out against revenues whereas points redeemed in the form of non-telco services such as gift certificates and other products are reflected as marketing expense. At the end of each period, Globe estimates and records the amount of probable future liability for unredeemed points.

Section 482 of Crpc and Powers of Quashing of Fir

CODE FOR CRIMINAL PROCEDURE PROJECT ON SECTION 482 and POWERS OF QUASH OF FIR SUBMITTED BY:- ANKITA VERMA TABLE OF CONTENTS 1. INTRODUCTION 2. INHERENT JURISDICTION VESTED IN THE HIGH COURTS 3. INTERFERENCE UNDER ARTICLE 226 FOR FIR QUASHING 4. VIEW OF THE SUPREME COURT 5. AMENDMENT OF CODE OF CRIMINAL PROCEDURE ENABLING 6. RESTORATION OF COMPLAINTS 7. THE ACTIVIST PHASE 8. GUIDELINES FOR EXERCISING THE INHERENT POWERS 9. CONCLUSION 10. BIBLIOGRAPHY INTRODUCTION Sec 482 deals with Inherent powers of the Court.It is under the 37th Chapter of the Code titled â€Å"Miscellaneous†. The state high courts in India have been given supervisory and regulatory powers over the conduct of the lower criminal courts within their respective territorial jurisdiction, including inherent powers under section 482 of CrPC. Section 482 confers inherent powers on the state high courts to intervene in any criminal proceedings, to prevent abuse of the process of the court and to secure the ends of ju stice.Faced with a false criminal complaint, a person can file a petition under section 482 of the CrPC with the state high court and seek quashing of the criminal complaint. Inherent powers u/s 482 of Cr. P. C. include powers to quash FIR, investigation or any criminal proceedings pending before the High Court or any Courts subordinate to it and are of wide magnitude and ramification. Such powers can be exercised to secure ends of justice, prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this Code, depending upon the facts of a given case.Court can always take note of any miscarriage of justice and prevent the same by exercising its powers u/s 482 of Cr. P. C. These powers are neither limited nor curtailed by any other provisions of the Code. However such inherent powers are exercised sparingly and with caution. Section 482 CrPC talks about the inherent powers of the high courts. This section reproduces section 561-A of the code of 1898 without any change. It does not confer any new powers on the high courts but saves such inherent powers which the court possessed before the enactment of CrPC.Though the jurisdiction exists and is wide in its scope it is a rule of practice that it will only be exercised in exceptional cases. The section was added by the Code of Criminal Procedure (amendment) Act, 1923, as the high courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. The section is a sort of reminder to the high courts that they are not merely courts of law, but also courts of justice and possess inherent powers to remove injustice.The inherent power in the high is an inalienable attribute of the position it holds with respect to the courts subordinate to it. These powers are partly administrative and partly judicial. They are  necessarily judicial when they are exercisable with respect to a judicial order and for securing the ends of justice. The expression ‘ends of justice’ is not used to comprise within it any vague or nebulous concept of justice, nor even justice in philosophical sense, but justice according to law, statute law and the common law.Inherent powers are in the nature of extraordinary powers available only where no   express power is available to the high courts to do a particular thing , and where the express power does not negativate the existence of such inherent power. The jurisdiction under section 482 is discretionary; the high court may refuse to exercise the discretion if a party has not approached it with clean hands. As per the scope of this section is concerned, it has a very wide scope. The inherent powers are only with the high courts and no other court can exercise these powers.The high courts are bound to exercise such powers whenever there is injustice done by the court below. Some of the inherent powers of the high courts are: a)  Ã‚  Ã‚  Ã‚  quashing of   F IR. b)  Ã‚  Ã‚   quashing of complaint. INHERENT JURISDICTION VESTED IN THE HIGH COURTS â€Å"Saving of inherent power of High Court- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. The section was added by the Code of Criminal Procedure (Amendment) Act of 1923. The section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely: -to give effect to an order under CrPC, -to prevent abuse of the process of the court, -to secure the ends of justice. The jurisdiction of the high court is confined to the courts subordinate to it in the state for which the high court has been constituted. An application under section 482 cannot be entertained by any court other than the high court.The inherent jurisdiction possessed by the high court und er this section is not confined to cases pending before it, but extends to all the cases which may come to its notice whether in appeal revision or otherwise. Inherent powers under section 482 can be invoked only in the event when there is no other remedies open to the aggrieved party. The inherent jurisdiction of the high court preserved under this section is vested in it by law within the meaning of article 21 of the constitution. The procedure for invoking the inherent powers may be regulated by rules which may have been or be framed by the high courts.The power to make such rules is conferred on the high court by the constitution. Where the rules were previously framed, they continue in force by virtue of article 372 of the constitution. INTERFERENCE UNDER ARTICLE 226 FOR FIR QUASHING The power of quashing the criminal proceedings has to be exercised very sparingly and with circumspection and that too in the rarest of rare cases and the Court cannot be justified in embarking upo n an enquiry as to the reliability or genuineness or otherwise of allegations made in the F.I. R. or complaint and the extraordinary and inherent powers of Court do not confer an arbitrary jurisdiction on the Court to act according to its whims or caprice. However, the Court, under its inherent powers, can neither intervene at an uncalled for stage nor it can †soft-pedal the course of justice' at a crucial stage of investigation/ proceedings. The provisions of Articles 226, 227 of the Constitution of India and Section 482 of the Code are a device to advance justice and not to frustrate it.The power of judicial review is discretionary, however, it must be exercised to prevent the miscarriage of justice and for correcting some grave errors that might be committed by the Subordinate Courts as it is the duty of the High Court to prevent the abuse of process of law by the inferior Courts and to see that esteem of administration of justice remains clean and pure. However, there are no limits of power of the Court but more the power more due care and caution is to be exercised invoking these powers.The Apex Court held that nomenclature under which the petition is filed is totally irrelevant and does not prevent the Courts from exercising its jurisdiction which otherwise it possesses unless there is a special procedure prescribed which procedure is mandatory. In a case the Hon'ble Supreme Court has indicated that the High Court should be loath to interfere at the threshold to thwart the prosecution exercising its inherent power under Section- 482 of the Code or under article 226 or 227 of the Constitution of India, as the case may be, and allow the law to take its own course.The Court's power is limited only to examine that the process of law should not be misused to harass a citizen and for that purpose, the high Court has no authority or jurisdiction to go into the matter or examine the correctness of allegations unless the allegations are patently absurd and inherently improbable so that no prudent person can ever reach to such a conclusion and that there is sufficient ground for proceeding against the accused but the Court, at that stage, cannot go into the truth or falsity of the allegations.In Trisuns Chemical Industry Vs. Rajesh Agarwal ; Ors. the Supreme Court placed reliance upon its earlier judgment in Rajesh Bajaj Vs. State N. C. T. of Delhi ; Ors. , and observed that the inherent power of the High Court should be limited to very extreme exceptions. The said judgment was approved and followed by the Apex Court in Ram Biraji Devi Vs. Umesh Kumar Singh ; Ors. , wherein the Apex Court reiterated that the power can be used only in extreme exceptions where it is necessary to do so in the interest of justice.INTERFERENCE IN INVESTIGATION IN CRIMINAL OFFENCES In the case of Janata Dal Vs. H. S. Chaudhary, the Supreme Court endorsed the law laid down by the Privy Council, that the statutory power of police to investigate cognizable offe nces could not be interfered with by the courts, (King Emperor Vs. Khawaja Nazir Ahmed) The same view was endorsed by Justice Chandrachud in the case of Kurukshetra University Vs.State of Haryana where it was reiterated that investigation of criminal offences, was a field exclusively reserved for the Executive, through the police department, the superintendence over which, vested in the State Government. This Court further held that the Court and judicial process should not interfere at the stage of investigation . In the case of State of Haryana Vs. Chaudhary Bhajan Lal Justice Pandian laid down as follows: Investigation of offences is a field exclusively reserved for police officers whose powers in that field are unfettered so long as the power to investigate into the cognizable offences is legitimately exercised†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ the courts are not justified in obliterating the track of investigation †¦Ã¢â‚¬ ¦. The Magistrate is kept in the picture at all stages of the po lice investigation but he is not authorised to interfere with the actual investigation or to direct the police how that investigation is to be conducted†¦Ã¢â‚¬ ¦ VIEW OF THE SUPREME COURT In the landmark case State of Haryana v. Bhajan Lal: A two-judge bench of the Supreme Court of India considered in detail the provisions of section 482 and the power of the high court to quash criminal proceedings or FIR. The Supreme Court summarized the legal position by laying the following guidelines to be followed by high courts in exercise of their inherent powers to quash a criminal complaint;- 1.The criminal complaint can be quashed when allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, prima facie constitute any offence or make out a case against the accused person. 2. The criminal complaint can be quashed when allegations made in the complaint are so absurd and inherently improbable that on the basis of which no prudent perso n can ever reach a conclusion that there are sufficient grounds for continuing the proceedings against the accused person. . The criminal complaint can be quashed when the allegations made in the complaint and evidence collected in support of the complaint does not disclose the commission of any offence against the accused person. 4. The criminal complaint can be quashed when the complaint is manifestly attended with malafide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused person and with a view to spite him due to private and personal grudge. 5.The criminal complaint can be quashed when there is an express legal bar under any of the provisions of the CrPC or any other legislation (under which a criminal proceeding is instituted) to the institution and continuance of criminal complaint. Thus, if the high court is convinced that the criminal complaint does not disclose a cognizable offence and the continuation of an inve stigation is not based on sound foundations and would amount to an abuse of power of the police necessitating interference to secure the ends of justice, the high court will exercise its inherent power to quash the proceedings.In Pepsi Foods Ltd. v. Special Judicial Magistrate,  the Supreme Court of India observed that: â€Å"Though the magistrate can discharge the accused at any stage of the trial if he considers the charges to be groundless, this does not mean that the accused cannot approach the High Court under section 482 to have the complaint quashed if the complaint does disclose the commission of a cognizable offence against the accused person.In this case the Supreme Court held that the order of the High Court refusing to quash the complaint on the ground that alternate remedy was available under the CrPC to the accused person was not proper. † However it has been held by the Supreme Court of India in Om Prakash Singh v. State of UP  : That ‘if a complaint discloses the commission of a cognizable offence, it would not be a sound exercise of discretion to quash the criminal complaint’.AMENDMENT OF CODE OF CRIMINAL PROCEDURE ENABLING RESTORATION OF COMPLAINTS Submitted to the Union Minister of Law and Justice, Ministry of Law and Justice, Government of India by Dr. Justice AR. Lakshmanan, Chairman, Law Commission of India, on the 22nd day of August,2009. Inherent power of subordinate courts The subordinate criminal courts have no inherent powers. However, courts exist for dispensation of justice and not for its denial for technical reasons when law and justice otherwise demand.Even though inherent power saved under section 482, CrPC is only in favour of High Courts, the subordinate criminal courts are also not powerless to do what is absolutely necessary for dispensation of justice in the absence of a specific enabling provision provided there is no prohibition and no illegality or miscarriage of justice is involved. All the crim inal courts are having such an auxiliary power subject to restriction which justice, equity, good conscience and legal provisions demand provided it will not unnecessarily prejudice somebody else.A Division Bench of the Kerala High Court has in the matter of State Prosecutor held that the subordinate courts have the inherent power to act ex debito justitiae (in accordance with the requirement of justice) to do the real and substantial justice for which alone they exist. The absence of any reference to any other criminal court in the said provision does not necessarily imply that such courts can in no circumstances exercise inherent power. Courts may act on the principle that every procedure should be understood as permissible till it is shown to be prohibited by law. Law commission’s 141st ReportThe 12th Law Commission of India in its 141st Report titled â€Å"Need for Amending the Law as regards Power of Courts to Restore Criminal Revisional Applications and Criminal Cases Dismissed for Default in Appearance† [1991] The Law Commission in its 141st Report recommended amendment of section 482 of the CrPC for conferment of inherent powers also on all subordinate criminal courts other than the High court. THE ACTIVIST PHASE The activist phase, in its present form, started from the necessity felt by the Supreme Court, to secure impartial investigation into the allegations of fake encounters, custodial deaths, and police torture.While initially the Judges were content to direct inquiries by the local District and Sessions Judges, subsequently in several cases, the Court directed investigation by the CBI directly. Still the Court did not interfere in investigation There is no denial of the fact that the investigation and prosecution of criminal offences is lackadaisical. Yet the question to be considered is whether monitoring of investigation by Supreme Court or the High Courts is the appropriate remedy. Apart from the fact that monitoring of investiga tion invariably makes the judicial pyramid virtually stand on its head, it has larger connotations.The foremost consideration is, as to whether it is likely to result in denial of fair trial to the accused, and whether it amounts to adoption of a procedure which is unreasonable and is capable of falling foul of Article 21. In my view, whether this procedure violates Article 20 or 21 or not, in any case, it is not effective. The experiment in one of the cases in which this procedure was adopted by the Supreme Court has proved its futility. The conventional wisdom, on account of which, the courts refrained from interfering in investigation, was that the opinion of the Investigating Officer was not binding upon the courts.Defects in investigation could be rectified by the trial Judges, by summoning other persons, found to be connected with the offences under section 319 of the Code of Criminal Procedure. The dignity and honour of the Courts would be better preserved, if they maintain t he traditional distance from the Investigating agencies. In the end, it needs to be realised that investigation is a specialised job, which has to be conducted in the field, by persons adept at it. Various techniques and strategies are adopted by the Investigating Officer, and the task of ascertainment of truth, is long, arduous and painful.The Courts' continued insistence on modernisation of investigative techniques and upgrading the tools of technology, by deploying scientific methods of investigation, are the only means that may succeed in the long run. Judicial monitoring of investigation is an aberration and the sooner it ends, the better it is for the administration of criminal justice system. Guide-lines for exercising the inherent power -Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. Where th e allegations in the first Information Report and other materials, if any, accompanying the F. I. R. do not disclose a cognizable offence, justifying an investigation by police officers under S. 156(1) of the Code except under an order of a Magistrate within the purview of S. 155(2) of the Code. -Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out as case against the accused. Where, the allegations in the F. I. R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by as police officer without an order of a Magistrate ass contemplated under S. 155(2) of the Code. -Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. Where th ere is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/ or where there is a specific provision the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. – Where a criminal proceeding is manifestly attended with malafide and/ or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.It has been said there should be no undue interference by the High Court as no meticulous examination of the evidence is needed for considering whether the case would end in conviction or not, at this stage. The High Court should interfere only where it is satisfied that if the complaint is allowed to be proceeded with, it would amount to abuse of process of court or that the interests of jus tice otherwise call for quashing of the charges. In Zandu Pharmaceutical Works Ltd. Vs. Mohd. Sharaful Haque & Ors. the Hon'ble Apex Court held that criminal proceedings can be quashed but such power is to be exercised sparingly, carefully with caution and only when such exercise is justified by the tests specifically laid down in the statutory provisions itself. It is to be exercised ex debito justitiae to do real and substantial justice for administration of which alone Courts exist. Wherever any attempt is made to abuse that authority so as to produce injustice, the Court has power to prevent the abuse. A case where the FI. R. r the complaint does not disclose any offence or is frivolous, vexatious or oppressive, the proceedings can be quashed. It is, however, not necessary that at this stage there should be meticulous analysis of the case before the trial to find out whether the case ends in conviction or acquittal. The allegations have to be read as a whole. CONCLUSION â€Å"T he judiciary has to play a vital and important role, not only in preventing and remedying abuse and misuse of power, but also in eliminating exploitation and injustice. For this purpose, it is necessary to make procedural innovations†¦Ã¢â‚¬ ¦The summit judiciary in India, keenly alive to its social responsibility and accountability to the people of the country, has liberated itself from the shackles of Western thought, made innovative use of the power of judicial review, forged new tools, devised new methods and fashioned new strategies. †¦Ã¢â‚¬ ¦ † Soon thereafter, PIL was defined by Justice Bhagwati, in one of his articles entitled, â€Å"Social Action Litigation; the Indian experience†, in the above words. So as per the above discussion we have seen that how the high court uses its inherent powers and how important it is for the high courts to use these powers.Section 482 has a very wide scope and its really important for the courts to use it properly and w isely. Many a times it has been observed that when there is an issue of money for eg. Any money matter then the petitioner instead of filing a civil suit files an FIR against the other person just to harass him. In such cases it becomes very important for the high courts to quash such complaints as it leads to the abuse of the process of the lower courts. Thus section 482 is very important for acquiring proper justice and to stop the public from filing fictitious complaints just to fulfil their personal grudges.The functions of the judiciary and the police are complementary, and each one is to exercise its own functions. No doubt, the code of criminal procedure, gives to the police unfettered power to investigate all the cases, where they suspect a cognizable offence has been committed. Even the high court does not interfere with such investigation, because it would be impeding investigation and the jurisdiction of the statutory authorities to exercise power in accordance with the p rovisions of criminal procedure code.However, in appropriate cases, aggrieved person can always seek a remedy by invoking the power of the high court under Article 226 of the constitution to issue the writ of mandamus, restraining the police officer from misusing his legal powers. Further, in Hazari lal Gupta V. Rameshwar Prasad, the apex court laid down, that the high court can quash proceedings, if there is no legal evidence or if there is any impediment in the investigation or continuance of proceedings.The policy of non-interference in the investigation was well explained by the Privy Council in King Emperor V. Khawaja Nazir Ahmad in the following terminology: â€Å" just as it is essential that everyone accused of crime, should have free access to the court of justice, so that he may be duly acquitted, if found not guilty of the offence of which he is charged, so it is of utmost importance that the judiciary should not interfere with the police matter which are within their pr ovince and into which law imposes on them the duty of inquiry†¦Ã¢â‚¬ ¦. † BIBLIOGRAPHY 1. ttp://www. legalindia. in/inherent-powers-of-the-high-court-under-section-482-of-crpc 2. http://ipc498a. wordpress. com/2007/10/27/understanding-hc-quash-petitions-section-482-of-crpc/ 3. Gopal R : Sohon’s code of criminal procedure, Vol- V, Lexis Nexis Butterworths, 20th Edition. 4. Lal Batuk ; The code of criminal procedure, Orient publishing company, 3rd Edition. 5. Ratanlal , Dhrijlal; The code of criminal procedure, Lexis Nexis Butterworths, 17th Edition. 6. Sarkar S C; The law of criminal procedure, Vol- II, Wadhwa ; company Nagpur, III Edition. . Sen D N, The code of criminal procedure, Vol-II, Premier Publishing Company, 2006. ——————————————– [ 1 ]. G. Sagar Suri & Anr. Vs. State of U. P. & Ors. , AIR 2000 SC 754 [ 2 ]. State of U. P. Vs. O. P. Sharma, (1996) 7 SCC 705 [ 3 ]. L. V. Jadhav Vs. Shankarrao Abasaheb Pawar & Ors. , AIR 1983 SC 1219 [ 4 ]. ( 1999) 8 SCC 686 [ 5 ]. AIR 1999 SC 1216 [ 6 ]. 2006 AIR SCW 2543 [ 7 ]. 1992 (4) SCC 305 [ 8 ]. AIR 1944 PC 18 [ 9 ]. 1977 (4) SCC 451 [ 10 ]. 1992Supp(1)SCC335 [ 11 ]. ( 1992 Supp. 1) SCC 335) [ 12 ]. (AIR 1998 SC 128) [ 13 ]. (2004 CrLJ 3567) [ 14 ]. .[Tulsamma v. Jagannath, 2004 Cri. L. J. 4272]State of Kerala v. Vijayan, 1985(1) CRIMES 261] [ 15 ]. .[Madhavi v. Thupran, 1987 (1) KLT 488] [ 16 ]. [1973 Cri. L. J. 1288] [ 17 ]. (Shiv Sagar Tiwari Vs. Union of India 1996 (6) SCC 558) [ 18 ]. Ganesh Narayan Hegde Vs. S. Bangarappa & Ors. , (1995) 4 SCC 41 [ 19 ]. AIR 2005 SC 9 [ 20 ]. Basu, D D, Criminal procedure code, 1973 , 441 [ 21 ]. AIR 1972 SC 484 [ 22 ]. (1944) 71 Ind. App. 203.

Global Cosmetic Industries Essays

Global Cosmetic Industries Essays Global Cosmetic Industries Essay Global Cosmetic Industries Essay Global Cosmetic Industries In the world of globalization with unstable economic situation most of the investors looking for more stable market place to invest for long term. Selecting an appropriate market place with the concern of risk associate with it is a vital task for any investor. Global Cultural Revolution makes all cultural consumers to move into standardized product rather then using local products. Europe and America already achieved a well structure cosmetics and toiletries market where competition is quite high on the other hand emerging market like India and china has a huge base of consumer for international cosmetics and toiletries products. Now a day’s women and man from Asia pacific are more interest in buying global brands for their health and beauty products. Cosmetics and toiletries market is a growth oriented market for which emerging market is the right place to go. In 2003, the world market for cosmetics and toiletries was valued at US$201 billion, up 4. % from 2002. Hair care maintains its global sales amounting to US$42. 4 billion in 2003. (Briney, 2004b). According to Global Cosmetic Industry report (August, 2004) the big three multinationals Procter Gamble, LOreal and Unilever all have played a critical role in developing the  cosmetics  and  toiletries  industry in Asia-Pacific, especially in the emerging markets of China, India and Indonesia. In 2005, Asia-Pacific cosmetic and  toiletries  market saw positive economic indicators and its highest recorded growth in five years. : Manufacturers have been focusing on the opportunities offered by the BRIC countries (Brazil, Russia, India and China). UK: UK has a well structured consumer and market place for cosmetics and toiletries. At the movement cosmetic and toiletries are on the top of product growth cycle and consumers are spending on expensive products. In UK Competition is fierce in both manufacturing and retailing the premium and mass markets. Companies spend to protecting their upmarket brands. The growing involvement of grocery chains in non-food sectors is continuing to exert downward pressure on prices of mass-market cosmetics as they tend to be centred on seasonal sales. As a result a Considerable investment is necessary to bring new cosmetics and toiletries products to the market and to maintain their high profile, and the failure rate of new cosmetic and toiletries products is high in such a competitive market. Householders have been hit by recent crises in interest rates and increased household bills, are likely to be cutting back on spending, particularly on products of luxury market. Recent recession is making consumer to spend less for health and beauty products. For this reason new investment in this sector is a question to consider. Manufacturers are increasingly looking to the emerging markets of Brazil, Russia, India, Mexico and China for expansion plans. China: In contrast to UK, China’s cosmetics market, the second largest in Asia Pacific after Japan, is witnessing increased demand due to improving lifestyles and rising disposable income of the Chinese population. China has a large populace in the age group of 15 to 59 years, which is considered more fashion-conscious who have diversified needs. Consumer of china prefers their won beauty product than foreign brand. In China, for high duty the customs add 60% to the cost of goods, and they Compare western countries and China on cosmetics preference. Fake Goods is another problem for multinationals in china, which damage their brand image and difficult to distinguish between originals and fake one. However, the level of development of the market is still very low. Although several domestic firms are present, foreign companies dominate the market. L’Oreal has the largest market share in China. As a result china already has a fierce competition. India: Indian cosmetics and toiletries manufacturing Industry, 2010 is valuable for anyone who wants to invest and take advantage of lower costs in India, to get market shares as India is boosting its domestic needs; to forecast the future of the world economy as India is leading the way. India has emerged as a highly potential global outsourcing and solutions provider for consumer products  and general merchandise. India has always kept her stand in global competition right from the beginning for finished products such as cosmetics and toiletries. The Indian cosmetics industry is growing the average annual spending of Indian consumers in 2005 is just over US$3 which saw its value share rising from 27% in 1999 to 31% in 2005 and is likely to continue to surge ahead over the forecast period. The total size of the  Indian  retail beauty and cosmetics market is currently estimated at $950 million [Color cosmetics account for 14%, Fragrances 21%, Haircare 19%, Skin care 17%, Beauty services 13%, Herbal products 9%, others 7%]. The overall beauty and wellness market, which includes beauty services, is $2. 68 billion. India is being targeted by global cosmetic giants due to its favourable demographics. The modern, urban Indian women are becoming increasingly conscious about their style and looks. Skin care and color cosmetics have witnessed solid growth for the last few years, In India. Consumers like lower cost and the chance to try new products. Indias cosmetics and toiletries industry is tipped to grow 27 percent over 2006-2011, according to Euro monitor, due to the countrys strong economic performance and youthful demographic structure. New policies and sectors such as Special Economic Zones cut outs completely Tax burdens and overheads in India. With concerning the growing Indian economic and diverse consumer base, acquisition of Dabur India limited would be a promising investment. For acquisition risk assessment and management is vital issue. One of the prominent cosmetic and toiletries Company is Dabur India limited. Dabur India Limited is one of the leading consumer goods companies with interests in healthcare, personal care and toiletries. Dabur is a classic case of a family owned business being handed over to professionals. It is a company making timely strategic interventions to adapt to the business environment and maintaining its brand equity over the years with a turn over of more than Rs. 2. 23 crores, by offers the widest product range and strongest distribution network. Acquisition of Dabur India would be the best option for the investors. Investors need to maintain its local brand image also should have some concern about its main competitors like Hul, Godrej Consumer, Gillette India, Godrej Ind, Colgate, Emami, P and G and so on. Criticism: Though cosmetic and toiletries industry is a growth oriented industry, it facing lots of criticism from environmentalist group. Unilever, Revlon, Avon and Johnson Johnson, yet none of them has denied purchasing talc from the Golcha Group whose biggest mine has been operating illegally for 15 years. Many protected areas and sanctuaries across India suffer from the effects of mining. The Indian Government has a responsibility to ensure that its valuable wildlife reserves are protected. The loss of watersheds causes a lot of unnecessary suffering to local communities. Political system is thoroughly corrupt. India has been sending mixed signals to investors by changing it tax and tariff policies without notice. Sales taxes are levied by individual states which vary from state to state. This complex sales tax structure can sometimes be a deterrent to foreign investors. Conclusion: A strong brand promotional campaign, good distribution network, constant product innovation and quality improvement, and the ability to provide a variety of quality products are some of the major reasons for the success of Dabur India limited. In the future, Dabur india need to increase the amount of natural ingredients used in their products in order to satisfy consumers. At the same time, Dubar need to dedicate huge marketing budgets to promoting the natural aspects of their products. Risk  management is a continuous process that identifies risks; analyzes their impact and prioritizes them; develops and carries out plans for  risk  mitigation, acceptance, or other action. India has less risk factor for foreign investment with more institutionalised political, economic and business situation which is favourable for any foreign investors. Recommendations: Action need to be taken by investors to upgrade Dabur’s brand image nationally and internationally. More camping and advertising would help to improve Dabur’s brand image As India has diverse cultural background Dabur India need to bring more diversity in its products mix and adaptation process. On the other hand standardization is required for global market and huge return to its shareholders and stakeholders. Efficient management is the key to success in this diverse business environment. Dabur’s need to give more emphasizes in research and development of new product. A combination of local and foreign expertises is required for successful business where investors should avid by the low and regulation of health and safety of its employees. Accusation could be a challenging job to do. So from management to advertising all aspect of business needs to monitor closely. Investor should comply with the political, legal, social, economical, environmental, ethical and religious issues as well as its shareholders and stakeholders. Consumer behaviour is The study of individuals, groups, or organizations and the processes they use to select, secure, use, and dispose of products, services, experiences, or ideas to satisfy needs and the impacts that these processes have on the consumer and society. In cosmetics and Toiletries consumer behaviour involves the use and disposal of cosmetics products as well as the study of how they are purchased. Product use is often of great interest to the marketer, because this may influence how a product is best positioned or how we can encourage increased cosmetics and toiletries consumption. As a foreign investor, entering into a new market normally entails a great commitment of resource on consumer trends which is difficult to be recovered or transferred when the measure fails due to adopting a wrong trend in consumer behaviour. Consumer trends in the cosmetics and toiletries industry: The changes in cosmetics and toiletries consumption patterns are largely driven by income growth and demographic factors, particularly lifestyle changes brought about by urbanization, away-from-home employment of women, and increased levels of information while income growth, which affects the purchasing power of consumers, is one of the most important factors contributing to demand changes. Cosmetics and toiletries are not just the domain of women any longer and men too are increasingly taking to the use of more and more body sprays, perfumes and other cosmetics and toiletries. With rising demand from men, the market is getting enlarged and many players are coming out with cosmetic and toiletries products around the world. UK: In UK, National Statistics confirm that expenditure on beauty products and treatments is discretionary and tied in with disposable income; the 10% of households in the lowest gross income group spend a weekly average of just ? 3. 50 compared with those in the highest income group who spent an average of ? 19. 40 in 2005/2006. However, trends in consumer behaviour on cosmetic products and fragrances in UK is high. Younger respondents tend to use products more than older respondents so ostensibly, the UKs ageing population does not bode well for the industry. Which means consumers are moat likely set with there choice and brands. It is a fact, nevertheless, that in UK older people maintains a pride in their appearance and frequently has the disposable income to indulge in premium products. So consumers increasingly expanding their ranges to suit different skin textures and colourings. UK consumers looking for quality choose expensive brands as they feel that price is an indicator of quality. Today more and more consumers are selective on the high quality of the products or services so consumers are sensitive and prefer to buy value for money where low or standard quality cosmetics are dying. UK socialites belong to the upper class. They prefer to shop in specialty stores, go to clubs on weekends, and spend a good amount on luxury goods. Socialites are also very branding conscious and would go only for the best known in the market. So consumer’s expectation is setup highly on quality cosmetics where less intension to try new product also. China: Cosmetics have been around China almost as long as Traditional Chinese Medicine, which dates back some 5000 years. However, during the past several centuries, beauty standards and socio-political norms have changed the small perception of what is beautiful. However still there is a backward trend in consumer behaviour in Chinese cosmetics tradition. In China, the Tang Dynasty, a variety of essential oils were used as perfumes and an abundance of collared lip balms and white facial powders were in fashion. And of course the Qing dynasty promoted feet binding. Not that the latter has any direct correlation with cosmetics, but it does illustrate an odd trend in the long history of beauty and fashion. In June of 2005, one of China’s major newspapers, China Daily, wrote an article titled, â€Å"Chinese Women Go Crazy for Local Cosmetics. † This means strong negative consumer behaviour for international brand. There is a strong interest for bio cosmetics and products in Chinese consumers: natural product made from fruits and vegetables that would use few chemicals that would be safer and give better results on skin. A lot of young Chinese start to pay attention to this concept; they are looking for natural products, without too many chemicals, because they are efficient. Chemicals in cosmetics is likely dishonoured by Chinese people where most of the foreign manufacturers doing it. India: In India, over the years, as a result of the increasing literacy in the country, exposure to the west, satellite television, foreign magazines and newspapers, there is a significant increase of consumer  awareness in cosmetics and toiletries. Apart from psychology and economics, the role of history and tradition in shaping the Indian  consumer  behaviour is quite unique. Perhaps, only in  India, one sees traditional products along side modern products. For example, hair oils and tooth powder existing with shampoos and toothpaste. The success of contestants from India at various well known international beauty pageants in the last few years have also contributed towards making the Indian women more conscious about looks, beauty, grooming and aware of western cosmetic products and brands. More Indian consumers started using cosmetics and a small segment is also seen willing to pay a little more to look good. Indian consumers have a high degree of family orientation. This orientation in fact, extends to the extended family and friends as well. Brands with identities that support family values tend to be popular and accepted easily in the Indian market. Indian consumers are also associated with values of nurturing, care and affection. These values are far more dominant that values of ambition and achievement. Product which communicate feelings and emotions gel with the Indian consumers. The Indian rural market has been growing at 3-4% per annum, adding more than 1 million new consumers every year and now accounts for close to 50% of the volume consumption of fast-moving  consumer  goods in  India. The market size of the fast moving  consumer  goods sector is projected to more than double to US$ 23. 25 billion by 2010 from the present US$ 11. 16 billion. As a result, it is becoming an important market place for fast moving  consumer  goods as well as  consumer  durables with a positive consumer trends. However, in the absence of well known brands in selected product range, consumers are likely to take cues from well established retail outlets hoping that these outlets carry quality products. Consumers believe foreign brands vie increasingly with domestic brands for the growing cosmetics producing real quality. Criticism: The environmental awareness in  India  has started affecting marketing of products based upon their eco-friendliness. In general, Indian consumers are likely to buy environmentally responsible products and packs rather then as a whole. Irritant and allergic reactions may occur. Irritant reactions reflect a damaging effect  of the cosmetic or toiletry on the skin – an example would be the  effect  of too much soap or shampoo on the skin leading to chapping, dryness and soreness. Delicate areas of the body where the skin is naturally thinner such as the skin folds, face, and particularly the eyelids are most vulnerable to irritant reactions. Other sorts of cosmetic which can cause irritation include liquid foundation, mascaras, face masks, toners and anti-ageing creams. Some people suffer from a particularly sensitive skin and experience itching, burning or stinging within minutes of using a product. This is usually a form of irritation rather than allergy and is commoner in people with skin complaints such as rosacea and dermatitis which can react not to buy. Conclusion: Top class, middle class and lower class are income related classifications of the population and each of this class has its own consumption pattern which will have an effect on their ability to source finance for their lifestyle needs. This will mean the emergence of a new consuming class in India. Indian consumers have also developed lifestyles which have emerged from changing attitudes, mind and welcoming western influences and a need for self-gratification. Beauty parlours in cities, eateries, designer wear, watches, hi-tech products are instances which reflect these changes. Indian men and women really need more choice in cosmetics and toiletries that means various consumer trends and behaviour which could be positive sign on product mix and verities by the foreign investors in India. Recommendations: One of the main drivers of growth in natural cosmetics has been the consumer trend towards healthier lifestyles. Rightly or wrongly, good health is often associated in consumers’ minds with all things natural, while chemicals are considered by some to be the root of all evil. Consequently Dabur India comply these perceptions have given rise to demand for natural additives and ingredients used in cosmetics. Dabur India has to bear in mind that consumers in  India  are taking lead in prompting manufacturers to adopt technologies to produce eco-friendly products which changing Trends in Indian  Consumer  Behaviour. The future key for marketing could be to select more ethical and ecological responsible products and packaging, which is also convenient for consumers, thus, balancing environmental concerns with commercial considerations need to be maintained. Adaptation process is more appropriate than standardization in India for foreign investors. Working environment health safety, employee rights, fair trade, food safety, environmental awareness, corporate social responsibilities, charity has to be considered carefully to build up relationship with consumers.