...SCHEDULE 1 The Articles PART I The Convention Rights and Freedoms Article 2 Right to life 1 Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2 Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: (a) in defence of any person from unlawful violence; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) in action lawfully taken for the purpose of quelling a riot or insurrection. Article 3 Prohibition of torture No one shall be subjected to torture or to inhuman or degrading treatment or punishment. Article 4 Prohibition of slavery and forced labour 1 No one shall be held in slavery or servitude. 2 No one shall be required to perform forced or compulsory labour. 3 For the purpose of this Article the term “forced or compulsory labour” shall not include: (a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention; (b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service; ...
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...Constitution of India confers upon India the status of Sovereign Socialist Secular Democratic Republic. It allows us to elect our representatives and to form a government to makes laws and enforce them. The Constitution of India guarantees to the people certain basic human rights and freedoms, such as, equal protection of laws, freedom of speech and expression, freedom of worship and religion, freedom of assembly and association, freedom to move freely and to reside and settle anywhere in India, freedom to follow any occupation, trade or business, freedom of person, freedom against double jeopardy and against ex post facto laws. These rights are knows as Fundamental Rights and are envisaged in Part III of the Constitution of India. A person can claim Fundamental Rights against the state subject to the state imposing some permissible restrictions in the interest of social control. The grounds for imposing these restrictions on Fundamental Rights are expressly mentioned in the Constitution itself and, therefore, these rights can be abridged only to the extent laid down. The Ramlila Incident was a very unfortunate event. The Supreme Court of India took suo moto cognizance of the case and gave a new dimension to the Fundamental Rights stating that the right to sleep peacefully was a part was Article 21 and thus a Fundamental Right. The brief facts concerning the incident are that Baba Ramdev wanted the government to bring all the...
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...of Law 8. American Realism 9. Scandinavian Realism 10. Historical and Anthropological Jurisprudence 11. Marxist Theories of Law and State 12. Feminist Jurisprudence 13. Postmodernist Jurisprudence 12 SUGGESTED READINGS 1. Lloyd's introduction to jurisprudence 2. Jurisprudence by Dias 3. Jurisprudence by Mahajan 4. Jurisprudence by Bodenheimer 5. Jurisprudence by Wayne Morrison 6. Concept of Law H.L.A. Hart 7. Social Dimension of law by Julius Stone 8. Law in the Changing Society by Friedman 9. Law in the making by C.IZ. Allen 10. 1300ks on Constitutional Law in India and Constitutional JUrispruden:] \/ --CONSTITUTIONAL LAW-l 1. Preamble - Importance- amenability 2. Fundamental Rights -concept -Nature -Necessity and justification -Fundamental rights under Indian Constitution. 3. Definition of State -Other authorities -Application of ejusdem gencrisInstrumentality of Govt. -Private...
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...from one place to another in return for a payment is known as a contract of carriage. The party who undertakes to carry the goods or people for payment is called the carrier. Classification of carrier Carrier are classified into two categories 1. Common carrier : A common carrier as a person including any association or body of person whether incorporated or not engaged in the business of transporting for hire property from place to place by land or inland navigation for all person indiscriminately. Features of common carrier May be an individual, a firm, an association of person or body corporate. Is one is engaged in the business of transporting goods for hire. The carriage must be by land or inland navigation. Is one who is bound to carry the goods of any person. Exception: A common carrier can lawfully refuse to carry the goods under the following circumstance. If there is no space in his vehicle. If the goods are not of the type he usually professes to carry. If the goods are of dangerous nature and subject him to some extra ordinary risk. Destination is not on his normal route. Reasonable charges are not paid. For improper packaging. 2. Private carrier: A private carrier is one who makes no general offer but carriage goods as a casual occupation and not as business and for particular...
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...THE TRADE UNIONS IN UK INTRODUCTION Historically, trade unions in the United Kingdom have been viewed as: (1) collective employee organisations established to protect employees from arbitrary actions by employers in matters of pay and working conditions, and (2) as promoters of the legitimate interests of people at work. In practice, they have also played an important role in the political life of the nation, and, to a lesser extent, in its social affairs. The ability of trade unions to exercise power and influence over users of their service depends on the relative demand for that service. Thus, when demands for skilled labour in the economy are high trade unions are in a relatively powerful position to negotiate a high price for the use of labour. They are also able in such circumstances to employ a wide range of sanctions against employers (and even governments). When demand for labour is slack and unemployment begins to rise, trade union power to influence events becomes more limited. In Britain the boom period for trade unions was during the 1970s when membership reached a peak of 13.2 million (1979). At that time the demand for labour was high, many skills where in short supply and there were few legal controls over collective action by unions. By 1990 the situation had changed dramatically with a deep recession, record levels of unemployment, changes In working practices brought about by new technology and last but not least, a substantial framework of labour legislation...
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...attention, rushing people into pro and con camps. The controversy around the issue is whether it is better to strengthen the laws for gun control or not. Major media around the world have made extensive covers and reports of the Denver shooting case; they also joined the discussion of gun control because it has significant effects for people’s lives and safety. There are three articles from different media responses to the hot topic. The article titled “Gun-control, gun-rights groups’ ready for renewed debate after Colorado shooting” by Michael Martinez was published on CNN.COM. CNN is one of the most influential global media and authoritative news sites, which can be seen or read by over 100 million U.S households and viewers in over 212 countries. This article notes that both sides were engaged in a renewed debate about the issue of gun control in the aftermath of the shooting tragedy that happened at a Colorado movie theater. In this debate, an appeal is being continually made for placing strict restrictions on gun control by Dan Gross, the President of the Brady Campaign to Prevent Gun Violence. He claimed that elected leaders ought to act immediately to protect American people from life-threatening problems. In the opposition camp, the director of Gun Owners of America,...
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...------------------------------------------------- AGREEMENT IN RESTRAINT OF TRADE CONTRACTS TABLE OF CONTENT * INTRODUCTION * TYPICAL RESTRICTIVE CLAUSE * KINDS OF RESTRAINT * RESTRAINT OF TRADE UNDER THE COMMON LAW * EMPLOYER MUST HAVE A VALID INTEREST * RESTRAINT MUST BE REASONABLE * EXCEPTION * CONTRACTS OF EXCLUSIVE DEALING * RESTRAINTS ON SONGWRITERS AND OTHER ENTERTAINERS * IS RESTRAINT GOOD OR BAD FOR HEALTHY BUSINESS? * CONCLUSION ABSTRACT Agreement in restraint of trade is defined as the one in which a party agrees with any other party to restrict his liberty in the present or the future to carry on a specified trade or profession with other persons not parties to the contract without the express permission of the latter party in such a manner as he chooses. In other words “one in which a party agrees with any other party to restrict his liberty in the future to carry on trade with other persons who are not parties to the contract in such a manner as he chooses”. INTRODUCTION This research work deals with an area of law which under classical contract theory brought two principles into direct conflict. On the one hand, classical theory endeavoured to promote ‘freedom of contract’ – it is the parties who determine their obligations...
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...objectives and policies; • appointing senior management; • accounting for the company’s activities to relevant parties, e.g. shareholders. The managing director/chief executive is responsible for the performance of the company, as dictated by the board’s overall strategy. He or she reports to the chairman or board of directors. APPOINTMENT The first directors of a company are appointed at the time of its registration. On registration, the persons named in form IN01 will be deemed to have been appointed as the first directors. Subsequent appointments (which are made on form AP01) are governed by the company’s articles of association but any Shareholders Agreement should also be checked. Typically the articles will provide for the board of directors to fill any casual vacancies or to appoint additional directors up to the maximum number specified by the articles. On appointment a new director will be asked to provide certain personal information (i.e. full name, address, date of birth and business occupation) to be included in the relevant form which he/she will be required to sign to signify consent to act as a director. It is possible for a director to file a service address at Companies House as well as his or her home address. It will be the service address (which can be the registered office of the company) that appears on the public record. The director will be reminded to acquire the share qualification (if any) specified in the articles. Additionally, the director will give a general...
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...human right “The UK condemns all instances where individuals are persecuted because of their faith or belief, wherever this happens and whatever the religion of the individual or group concerned.”1 SUMMARY Freedom of religion or belief is a human right whose enjoyment is important to achieving the UK’s strategic priorities, particularly as regards conflict prevention and resolution. It is a sensitive issue in many countries. These guidelines, elaborated with the help of specialist stakeholders, aim to provide a simple introduction to the issues for FCO posts and desks, an analytical matrix to identify problems, some general responses to frequently raised issues, and other resources for those who wish to go deeper into the subject. 1 FCO Human Rights Annual Report 2007, p. 106 1 CONTENTS What is freedom of religion or belief? Paras 2-9 Why is freedom of religion or belief important to the UK? Paras 10-11 What is needed to achieve freedom of religion? Para 12 Vulnerable groups and freedom of religion Para 13 Children and freedom of religion Para 14 Freedom of religion and freedom of expression Paras 15-19 Restrictions on freedom of religion Paras 20 – 25 What problems are Posts most likely to encounter? Paras 26 – 32 How can Posts help to promote freedom of religion? Paras 33 – 38 Regional mechanisms Para 39 Some basic issues and answers Pages 12-15 Annex One – Analysis of right to freedom...
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...dairy products, and wine. The company mission is to offer each customer a delightful and pleasing shopping outing. The staff is helpful and knowledgeable and will go to extensive lengths to ensure that Kudler Fine Foods is the purveyor of choice for customers aspiring to purchase the finest delights. Kudler Fine Foods shops around the world to offer fines foods with reasonable budgets for consumers. Kudler Fine Foods will continue to be successful by understanding the importance of market research, identifying areas where additional market research is needed, and analyzing the importance of competitive intelligence and analysis regarding the development of the company’s marketing strategy and tactics. Importance of Marketing Research The importance of marketing research is a process to define a marketing problem and opportunity to resolve the issue. Marketing research systematically collects and analyzes data, and recommends actions to the organization. The purpose for marketers is to help the organization to reduce the company’s risk, discovering consumers taste, set the price for products and make reasonable estimates about what consumers want and will buy. Kerin (2011), discusses a five-step marketing research approach consisting of defining the problem, developing the research plan, collecting relevant information, developing findings, and taking marketing actions. Five-Step...
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...Singh Chauhan, JJ. Counsels: For Appearing Parties: P.P. Malhotra, ASG, Rajeev Dhavan, Amicus Curiae, Ram Jethmalani, P.H. Parekh, Sr. Advs., Udita Singh, L.R. Singh, Shubhranshu Pedhi, Anil Katiyar, Lata Krishnamurti, Balajji Subramanian, Manu Sharma, Karan Kalia, Pranav Diesh, Sanjay Jain, Vikas Garg, B.K. Prasad, Siddhartha Dave, Shailender Sharma, S.N. Terdal, D.P. Mohanty, Subhasree Chatterjee, Anand Shankar Jha, Ekansh Misra, Advs. for Parekh and Co., Kamini Jaiswal, Shomila Bakshi, Abhimanyu Shrestha and Kumud L. Das, Advs. Subject: Constitution Subject: Criminal Acts/Rules/Orders: Constitution of India (44th Amendment) Act, 1979; Constitution of India (First Amendment) Act, 1951; Constitution of India (Sixteenth Amendment) Act, 1963; Right of Children to Free and Compulsory Education Act, 2010; Constitution of India (Forty-Second Amendment) Act, 1976; Bombay Police Act, 1951 - Section 33(1); Delhi Police Act, 1978 - Section 17(1), Delhi Police Act, 1978 - Section 28, Delhi Police Act, 1978 - Section 29, Delhi Police Act, 1978 - Section 31, Delhi Police Act, 1978 - Section 36, Delhi Police Act, 1978 - Section 47, Delhi Police Act, 1978 - Section 65; Motor Vehicles Act; Uttar Pradesh Urban Planning and Development Act, 1973 - Section 25, Uttar Pradesh Urban Planning and Development Act, 1973 - Section 42; Code of Criminal Procedure, 1973 (CrPC) - Section 91, Code of Criminal Procedure, 1973 (CrPC)...
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...officers serve an important function in society; they protect the property and lives of the people they serve. Police officers pursue and apprehend people who break the law and then cite or arrest those people. Police officers on all levels, local, state, or federal enforce laws ensure the safety of citizens. In the course of their jobs law enforcement personnel deal with a wide range of issues, laws, and restrictions. One of the most basic concepts that affect a police officer’s performance of his or her duties is probable cause (Vila & Morris, 1999). According to American Bar Association (2011), " Probable cause is defined as facts sufficient to support a reasonable belief that criminal activity is probably taking place or knowledge of circumstances indicating a fair probability that evidence of crime will be found. It requires more than a mere "hunch," but less than proof beyond a reasonable doubt.” (What is probable cause?, para. 1). Before a warrant, such as an arrest or search warrant, can be issued law enforcement officers must demonstrate probable cause in the form of a written document. This document must be submitted to a magistrate (low level judge) who is responsible for ensuring probable cause standards are met in order for a warrant to be issued. Once the magistrate is satisfied and the warrant is issued the officers can go ahead with the search or arrest. Police must be careful to ensue their observations and conclusions of the facts of a case are correct and...
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...international co-operation in this field should extend to all countries. 3. A precise definition of multinational enterprises is not required for the purposes of the Guidelines. These usually comprise companies or other entities established in more than one country and so linked that they may co-ordinate their operations in various ways. While one or more of these entities may be able to exercise a significant influence over the activities of others, their degree of autonomy within the enterprise may vary widely from one multinational enterprise to another. II. General Policies Enterprises should: 1. Contribute to economic, social and environmental progress with a view to achieving sustainable development. 2. Respect the human rights of those affected by their activities consistent with the host government’s international obligations and commitments. 3. Encourage local capacity building through close co-operation with the local community, including...
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...Regional Express Value Statement • Directors’ report • Corporate governance statement Commitment of REX REX on the principal market primarily consists of transport Airline Company with strong financial possessions, looking to make good use of their fleet and continuously track growth of their organization which seems to be a key component of their business strategy. They subsequently identify right aircraft on the main market and take them to right destination. Various years of this business strategy has given them key position on the aviation market. In other words, the economic potency of REX is increasing along this chain of organization growth. Having going ahead out as slightly diminutive operation, REX have continuously mature into their present place, currently, they account for more than a third of the general fleet of passenger airlines in the Australian market. As already mentioned, REX have played a key role in ensuring that the break for market entry which arise from mid market was captured rightly and this could be the right phase to make right decision in bringing in more change in the organization. 2nd Part Regional Express Value: Aviation is frequently treated as a open service in contrast to other methods of transportation such as every day trips to occupation, which leads to unpredictability and seasonality of insist. though airlines do make available mobility which is exclusive in longer drag marketplace and cover a great deal business get...
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...Advocare Law Office FINLAND Finland Patrick Lindgren Advocare Law Office Overview 1 What forms of business entities are relevant to the typical franchisor? The franchisor will probably choose business entities that allow it to limit its liability. These include a corporation that in Finland is simply a limited liability company (whether private or public); a partnership, subject to it being owned by a limited liability company; and a foundation. The typical franchisor is likely to choose the private limited liability company (the limited company) because of the simplicity of incorporation, low capital requirements, and wellregulated administration as well as the fact that shares are easily transferable. With this in mind, this work focuses on the limited company. 2 What laws and agencies govern the formation of business entities? keeping a register of all shareholders and shares issued and filing the annual report and auditor’s report with the Companies Register, which will thereby be subject to public scrutiny. In addition, for the purposes of VAT, the tax authorities shall expect the company to submit monthly tax return filings and make tax account payments as well as filing annual tax returns. Employers also have to pay payroll taxes. A business entity does not require the owner’s physical presence; the incorporation in itself constitutes a permanent establishment for the purpose of any tax treaty. However, if the employer wishes to employ staff, it is a requirement...
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