The Manager as a Critical Thinker Essay Example | Topics and Well Written Essays - 1750 words

The Manager as a Critical Thinker - Essay Example ’ ‘Which words or phrases are ambiguous?’ ‘What are the value and descriptive assumptions?’ ‘Are there any fallacies in the reasoning?’ ‘How good is the evidence?’ ‘Are there rival causes?’ ‘Are the statistic deceptive?’ ‘What significant is omitted?’ ‘What reasonable conclusions are possible?’ Some or all of these questions can be used by critical thinkers to analyse and evaluate reasons provided as explanations for conclusion drawn on a particular matter. Evaluation of the PDQ Case The issues and the conclusion in the PDQ case is that CEO’s pay is exorbitant when compared with the salary levels in similar companies. The reason given is that the CEO has received double digit increases – reportedly 40% while over the period growth has been only a mere single digit of 3%. In addition to that a story which appeared in the local newspaper indicated that Raymond Ja mes he is â€Å"The Highest Paid Valley Executives.† However, before we can agree with this conclusion we have to evaluate the reasons given and to determine if they provide adequate evidence on which such a conclusion can be based. Benchmarking Benchmarking is the process of using industry figures as a point of reference in evaluating a particular scenario. In this case the figures relating to compensation are being compared with that of similar companies in the industry. Benchmarking Raymond James basic pay with that of similar companies in the industry is a good way to determine whether his pay is exorbitant. Information from the Economic Research Institute indicates that the average salary for a CEO of a company with similar characteristic in the same industry as PDQ for the year 2007 – the latest year for which information is available is approximately $391,659. The figures from PDQ’ human resource department indicate that the CEO’s basic pay was $50 6,722. This is approximately $115,000 more than the average. The fact that $391,659 is the average indicates that some of the basic salaries are higher and some are lower than the average figure. However, we do not have any information on the highest and lowest figures used in the calculation. Therefore, the information from the Economic Research Institute does not provide sufficient information to agree with that conclusion. Additionally, the information from the Economic Research Institute is not current and therefore the statement that â€Å"it is now probably much more than that since he has received raises totalling 24% in the past two years is ambiguous. Furthermore, if the lowest figure is very low this would have a major impact on the average salaries. Best Practice Best practice is a term used to describe what is considered to be a good practice that can be recommended throughout the industry. This practice is one that others in the industry look up to as a solid way of ca rrying out operations or in dealing with a particular matter which in this case happens to be the matter of CEO compensation. Best practice is generally copied by similar companies in the industry. However, one has to be cautious in utilising such practice. In terms of best practice an independent research firm indicates that in medium sized companies that have characteristics which are similar to PDQ the levels of compensation for CEOs’ fell significantly since 2002 when median total compensation declined by 7.5%. This information refers to total compensation and not basic pay which is the issue being discussed

Protection from Self Incrimination Essay Example | Topics and Well Written Essays - 500 words

Protection from Self Incrimination - Essay Example In this case, the defendant, Mr. Salinas was accused of having played a role in a murder that had taken place close to the position of his car. Upon questioning, the defendant answered all the questions, went further, and even submitted his gun to show that he was innocent. However, the defendant went mute when asked about some shell casing found at the scene of the crime. Moreover, the casings matched his shotgun. The defendant at that point completely ignored the questions and did not answer. Because of this attitude, the prosecutor went further and told the jury that the reason for Salinas’ silence was the fact that he felt guilty for the actions he had taken and that the silence was a sign of admission to having carried out the crime. The prosecutor had a strong case when he stated that the defendant was guilty not only because he did not comment on the questions posed to him regarding the casings but also because of the obvious fact that his gun was involved. The judge did not argue against the strong case brought by the prosecutor and this was mostly because the evidence for the case was present (Hightower). However, the judgment delayed due to the lack of motive for the action. However, upon reviewing the available information, the judge found the defendant guilty and sentenced him to 22 years in prison. Upon critical review of the case and the evidence provided, I would have offered a ruling similar to that made by the judge, in this case. The reason for the judgment is the fact that the defendant went mute and did not communicate anything regarding the questions asked. The constitution states that upon an individual pleading the Fifth Amendment they ought to receive fair treatment until substantial proof is presented (Choo 89). However, this was not the case in this particular case. Rather than pleading this right, the individual went silent and did not answer anything. This was a sign of great

Analysis of Nutrient Composition in Fermented Fish Meal

Analysis of Nutrient Composition in Fermented Fish Meal INTRODUCTION Background of study Fish meal had been used as feed stuff since the 19th century starting in Northern Europe and North America where it undergoes drying and grinding before turned into fishmeal for animal feed (Ariyawansa, 2000). Major portion more than 60 percent of fish meal produced worldwide is used for aquaculture farming and due to increasing extension of aquaculture farming in Asia, the demand for fish meal increases dramatically although the supply are unable to grow correspondingly. Fish meal are made from undersized or low value fishes which is unfit for human consumption (Ponce Gernat, 2002) and are discarded at sea or left unutilized. These unutilized fish are then be used to turn it into a source of high protein feed for animal consumption. However, these days, fishmeal is mostly produced from smaller oily fish specifically caught for the production of fishmeal (Leeson Summers, 2005). Now days, the interest of pursuing good-quality, low cost protein sources has been increasing worldwide. These are due to the total cost of feed where nutrition is the most expensive component in the intensive aquaculture industry representing 50% of the operational cost of aquaculture production (Sulieman Ahmed, 2011). Shortage in world fishmeal production together with the increasing demand for fishmeal in the livestock and poultry industry had caused reduction in the dependence of fishmeal as one of the main protein source in aquaculture (El-Sayed, 1999). Fishmeal had been the major choice for many aquaculture producer also livestock producer due to the excellent amino acid balance (Rand et al., 1960; Ponce Gernat, 2002), rich in protein, calcium, phosphorus, iron, vitamin B12 choline, niacin, pantothenic acid and riboflavin (Ponce Gernat, 2002). Due to its high nutrient content, fishmeal had been used as a source of protein in diets of pig (Kim Ester, 2001), Poultry (Ponce Gernat, 2002) and aquatic animals (Steffens, 1994). Tilapias had been part of the major farmed species in Malaysia constituting over 46 % of total aquaculture production (Ng et al., 2013). In 2007, the production of fisheries sector in Malaysia contributed 1.42 million tonnes of seafood valued (US$1.66 billion) (DOF, 2007). Out of the 1.42 million tons, around 16 percent (268 500 tonnes) of it were contributed by the aquaculture industry valued around US$0.41 billion (DOF, 2007; Ng et al., 2013). Favors from the government policies (MOA, 1999) had impact an increase production of the aquaculture species (Ng, 2009) which were proven by the annual growth recorded of an increase in 10 percent from 1993 to 2007 (Ng et al., 2013). Tilapias constitutes many species of the Cichlidae family where these fishes are prevalent to Africa and the Middle East but long before, they were presented into most tropical and subtropical countries for aquatic weed control and aquaculture farming (Boyd, 2004). Red hybrid Tilapia, Oreochromis sp are gaining p opularity among aquaculture producer due to their resemblance to premium marine species such as sea bream (Chrysophrys major) and red snapper (Lutjanus campechanus) (Stickney, 1986) also due to its excellent growth and feed conversion rates in freshwater (Liao and Chen 1983; Watanabe et al., 1989). Red hybrid tilapia is originally genetic mutants that are selected from tilapia species of genus Oreochromis. They are crossed with two different types of species or even more and hence that is what constitutes the genes of red hybrid tilapia. Taxonomically, Oreochromis differs from other tilapias due to the difference of female incubating fertilized eggs in their mouth. 1.2  Problem statement Crude Protein (CP) content in an animal’s feed is very crucial for the development of growth of the animal. In Livestock, Aquaculture and Poultry production, each of them requires the usage of feed with high percentage of crude protein making it important in the animal production field. In this part, fish meal is one of the meals that contain the highest number of crude protein available in animal field. Fish meal was used in the production of aquaculture, poultry and also livestock making it to be the highest demand feed resource around the world. Due to its high demand, many companies started producing fish meal using fishes and it’s by product which is not suitable for human consumption. What happens nowadays is that, due to rapid production of fish meal, the number of resources to produce fish meal which is the fishes drops rapidly causing it hard to produce fish meal. What comes next is that; feed producers starts to find alternative resources to replace fish meal. Focus had been onto plant-based resource such as soybean, oilseed and etc. which can be found easily anywhere and is cheap. Targeting to gain the highest crude protein in the feed that they produce high protein plant-based types are used such as palm oil, soy bean and others. Fermentation is a method which had been used ages before to prolong shelf life of the abject. Knowing what microbes will be available in the Fermented Fish Meal sample makes it easier to study what causes the fermentation to happen smoothly and also what microbes that can trigger the success of the fermentation process. Research Hypothesis Fish meal that undergoes fermentation process will have an increase in crude protein and decrease in anti-nutritional factors and when it is given to the Red Hybrid Tilapia, the growth and survival rate would increase compared to unfermented fish meal. Ho : p≠¤ 0.05 Fermented Fish Meal significantly can increase the growth rate of Red Hybrid Tilapia, Oreochromis sp. Ha : p> 0.05 Fermented Fish Meal significantly can decrease the growth rate of Red Hybrid Tilapia, Oreochromis sp. 1.4  Research Objectives To investigate the nutrient composition in fermented fish meal and microbes available in the fermented fish meal that aids in the fermentation process. To study the effects of fermented fish meal on the feed consumption, growth and survival rate of Red Hybrid Tilapia, Oreochromis sp. 1.5  Scope of research The scopes of this research are as follow: Fish Nutrition Microbiology 1.6  Significance of Study According to the research title, this research study would be focusing on the content of crude protein in the fermented fishmeal whether it will be increasing or decreasing. This is important because by studying on this matter we can find other alternative to increase the protein content in the feed that we want to use. Feed prices are very pricey due to the content of crude protein as it is one of the main components needed for growth of any animal. Further, this study would also be reviewing on the microbial activity in the fermented fish meal and the type of microbes present during fermentation that causes the fermented feed to turn out well. In regards to that, it is best to know what causes the fermentation to work and whether the microbes affect any changes that happen to the feed. Other than that, this study is determined to prove whether by feeding fermented fishmeal to Red Hybrid Tilapia (Oreochromis sp), the growth of the fish would be faster and better. With these analyses , it is hoped that the improvement of feed through fermentation will help to shorten the period of growing out for the fish hence it will be beneficial to the producers.

Uses and Abuses of Censorship :: social issues

Uses and Abuses of Censorship The uses and abuses of censorship in developed and developing countries have been under discussion for quite a long time. Although societies claim for freedom of thought and expression, which are indispensable to live peacefully, censorship is sometimes necessary, due to the fact tha its abuse may badly influence the behaviour of a society and may also result in anarchism. There are different kinds of censorship. The most common ones are: governmental, press and television censorship. The first one is connected with the respect and consideration people should live with. If the citizens of a country do not have the chance of giving voice to their discontent, they feel furstrated and inhibited. Freedom of expression is extremely important inthis case. People must have the opportunity of saying what the think in order to improve the conditions of living, without governmental censorship. Unfortunately, this freedom is sometimes exercised in a wrong way obliging the Government to use its power to censor demonstrators, because they behave violently and irrationally. It is clear, then, that it is highly positive that people have freedom of expression, but on the other hand, that freedom must be used in logical and civilized terms, to improve life in society, otherwise its bad use may lead to a social chaos. Press censorship is quite common nowadays. The press plays an important part in modern societies. Although there are some exceptions, some journalists and reporters are nowadays mor reliable than most of the politicians. Independent press has the freedom of publishing true facts about everyday governmental activities and decisions. In some cases, if the press did not investigate political and government affairs, people would never know some decisions, which most of the times, are in favour of leaders and against grass roots. It is said that the press is the fourth estate by the influence it has on the society, consequently, it should never be censored by the Governmet. Unfortunately, sometimes this freedom is used by journalists with political tendencies, so Government should have the power to investigate secret arrangements between the opposite political parties and some corrupt journalists. Another common case of censorship is the one shown by the Government, which in past times used to censor some television programmes. There are a lot of examples of programmes which were prohibited by governmental organizations. This was the clearest exemplification of censorship in past times.

Loewen Case

This growth through acquisitions was funded primarily through debt which was evident as long term debt increased $922. Lion from 1994 to 1998; this was a 195. 88% increase. One benefit of debt financing was that it provided a tax benefit. From 1994 to 1998 Lone had paid $488. 6 million in interest. Lowness tax rate was 45% therefore; debt financing resulted in a tax savings of $219. 87 million. Another advantage of debt financing was that It did not afford the lender ownership. Therefore, the lender had no say In how one's business was conducted. In order for one to reap the benefits of debt financing though one must be able to comply with all aspects of the debt agreement.When unable to do so the consequences can be devastating too equines. Unfortunately, aggressive growth through debt financing did not bode well with the Lone Group. With the 30% average revenue growth one would expect to see their earnings grow too, but this was not the case. Lone lost $599 million for 1998 compare d to earning $43 million the previous year, an approximate 149% decline in one year. Within 5 years of the start of their â€Å"acquisition frenzy† of larger established funeral chains they were facing what one in the financial world would call â€Å"financial distress†.Financial distress is defined by Investigated as â€Å"A condition where a many cannot meet or has difficulty paying off its financial obligations to its creditors. The chance of financial distress increases when a firm has high fixed costs, illiquid assets, or revenues that are sensitive to economic downturns. † Lone Group unfortunately had a few of the above Issues and then some. Fixed costs for funeral homes were approximately 65%; this was due In part to the fact that a funeral home may only have one to two funerals a week but still had to be maintained.Their competitor, SIC, would â€Å"cluster† the funeral homes together which reduced fixed costs to an average of 54%. 4% is still hig h but better than 65%. Such a plan also afforded SIC the ability to sell off assets, eliminating redundant cost and reducing the total cost of the acquisition. Funeral home assets were not in great demand at this time as the death rate had declined; therefore funeral home assets were very illiquid. Though the above financial distress pre-cursors were in place, internal issues also played a large role in creating Lowness financial distress.Lowness aggressive acquisition strategy seemed only to focus on the acquisition with little to no thought to the next step of the process. Lowness competitor, SIC, acquired full ownership of all acquisitions whereas Lone took a majority ownership and made payments for the rest to help ease taxes. These calculations were funded largely with debt in which the terms of such debt were very complicated Succession with Blackstone Group. If Lone bought out Blackstone by exercising their option it would effectively pay an amount that would give Blackstone a 24% return on its investment.Lenses' ROAR (using actual assets as bag assets were not given) in 1996 was only 1. 83%. This was an extremely high return to negotiate. Blackstone also had a put in which they could sell their stock to Lone using a calculation based on EBITDA. This definitely did not favor Lone due to most acquisitions were purchased largely through debt. Lone did not market the acquisitions instead decided the funds would be better spent on courting independent funeral home and cemetery owners who were potential acquirers. Though they did not market their acquisitions their SO &A increased by 25. 3% to $125. 2 million from 1997 to 1998 whereas their competitor's SO remained constant at $66. 8 million. Marketing and integrating acquisitions into one's business are a ere important part of the success of an acquisition. A reversal of $3. 7 million in sales plus a $2. 1 million increase in allowance for loan losses were attributed to the decrease in gross margin. Such an increase in allowance for loan losses would lead one to believe that due diligence in evaluating the collegiality of the accounts receivable of the acquired companies had not been performed.The $5. 7 million adjustment resulted in a 9. 07% decrease in income for 1996. A lawsuit awarded in the amount of $500 million occurred from accusations of Lone reneging on the purchase of two homes, plus certain insurance services. Lone reported an expense of $165 million for the year to settle this and other lawsuits. Had Lone honored the agreement the properties were only worth a few million therefore, it would have saved them a considerable amount of money. Also, after the announcement of the award Lowness stock decreased in value by 15%.In 1996, an offer to purchase Lone stock was made by SIC in which they offered to purchase the stock at $43 per share which was $3. 00 per share higher than it was trading for at that time. SIC increased their offer to $45 per share yet Lowness Board of Dire ctors effused the offer stating the stock was undervalued due to the lawsuit. At the end of 1996, Lowness debt/equity ratio was 1. 4:1; company policy was in the range of 1 to 1. 5. Lowness plan was to reduce the debt/equity ratio with equity issues.Due to concerns over an antitrust lawsuit Lone had filed against SIC and Lowness current high debt to equity ratio SIC withdrew their offer to Lone. This leads us to the Board of Directors who are appointed to act on behalf of the shareholders to run the day to day affairs of the business along with ensuring the availability of adequate uncial resources, evaluating the CEO and approving the budget. One can see from the description of the responsibilities of the Board of Directors that Lowness Board of Directors had greatly failed their shareholders.Lone, now facing financial distress, as they had not yet missed a payment but had $875 million in debt due the next year, had to determine how best to recover from too much debt, too little de ath and too little governance. John Lackey, the newly appointed CEO, was to begin his daunting task of bringing Lone back from the brink of death. With $875 million in debt due in 1999 Mr.. Lackey had little time to develop a plan of action. Unfortunately, Lowness original plan of reducing debt by issuing equities was no longer an option as the stock price year; a decrease of 67. 2%. Lone should have given this option consideration earlier and they might not have found themselves in this position. Mr.. Lackeys options all had pros and cons but a decision had to be made and made fast. Option one would be to meet with creditors regarding the soon to be due debt obligations and discuss amending the terms, a workout. Most creditors cringe at the word bankruptcy so that may help to earn the ear of their creditors. Prior to approaching the bank or their creditors, Lone must first determine whether there is any way to turn the business around.Creditors are normally repaid by future cash fl ow, new financing, or equity infusion. Lone must first devise a restructuring plan that would demonstrate it can be sustainable on a going forward basis. Mr.. Lackey must review the historical financial of the business and prepare projections of cash flow, profit and loss, and balance sheet through the term of the proposed repayment plan. The projections should demonstrate that the business not only has sufficient ash flow to maintain current operations but also has enough additional cash flow in the foreseeable future that will enable creditors to receive a return on the delinquent debt.The amount of such additional positive cash flow will determine the amount of time necessary to repay creditors. The pros of this option would be that it would be less expensive than bankruptcy. Bankruptcy would require attorneys, court costs and other expenses. Costs that would have been spent on bankruptcy can be used in restructuring the business. It would also give Lone the opportunity to addres s the tuition privately between the creditors and themselves. This would hopefully help to minimize negative publicity. The cost of negative publicity knows no bounds.This option would also buy Lone some time in which to begin the process of possibly selling off less profitable operations and time to evaluate expenses and cut the fat. A workout is also effective in preventing creditors from taking legal action which again would buy Lone some time. The cons of this option would be the terms of Lowness's debt were very complicated in that the company's debt was almost all secured, or collateralized by various assets. There were also covenants that restricted the company's ability to sell assets.Creditors would have to all agree to the terms of the sale of assets. Lone had a covenant in their bonds that stated if the ownership of the company's stock changed significantly Lone had to repurchase the bonds for 101% of face value. The scofflaws may not be sufficient to show the company sus tainable enough going forward for the creditors. All of these covenants and restrictions would make it difficult to restructure the company's debt. Option 2 would be to recommend Lone meet with a professional in the equines of securing equity investors for troubled companies.Pros would be though it may be costly it would still be cheaper than bankruptcy and may be the only option for Lone to continue its operation should no agreement be reached with its current creditors. Cons of course would be the cost. With Lowness current situation equity investors would be hard to come by also. Option three would be to meet with their three main competitors to discuss each entity purchasing some of the acquired funeral homes and cemeteries. This option would allow Lone to sell their assets for cash. Avoid bankruptcy and the additional sots associated with bankruptcy.Big is not always better. Lone could then focus option would possible be the anti-trust laws. If the sale of assets to Lowness thr ee main competitors was seen as threatening fair competition then the sale could not take place. Another con is again the terms of Lowness debt would make this a difficult task. Option four would be the last resort, Chapter 11 bankruptcy. The con of this option is that it would give Lone the ability to develop a plan to restructure on their terms. Lone would no longer be required to pay interest on unsecured debt.They would also be able to borrow from new lenders through debtor-in-possession financing. A con of this plan would be the costs incurred to file bankruptcy. Another issue is the company conducted about 10% of its business in Canada where the bankruptcy law made it much simpler for creditors to remove management. Canadian law also only provided one chance to provide a reorganization plan. In conclusion our recommendation would be to develop a reorganization plan showing the company was a sustainable company going forward, positive cash flow would provide payment on delinque nt debt and then present it to its creditors for approval.

Family Law- Hindu Law

DARSHAN SINGH PATIALVI – ADVOCATE GENERAL | Restitution Of Conjugal Rights: Criticism Revisited| Introduction:- Section 1[1] of the Hindu Marriage Act, 1955 embodies the concept of  Restitution of Conjugal Rights  under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouse.This section is identical to section 22 of the Special Marriage Act, 1954. [2] The provision is in slightly different wordings in the Parsi Marriage and Divorce Act, 1936, but it has been interpreted in such a manner that it has been given the same meaning as under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. However, the provision is different under the section 32 Indian Divorce Act, 1869 but efforts are being made to give it such an interpretation so as to bring it in consonance with the other l aws.The provision under Muslim law is almost the same as under the modern Hindu law, though under Muslim law and under the Parsi Marriage and Divorce Act, 1936 a suit in a civil court has to be filed and not a petition as under other laws. [3]The constitutional validity of the provision has time and again been questioned and challenged. The earliest being in 1983 before the Andhra Pradesh High Court[4] where the Hon'ble High Court held that the impugned section was unconstitutional. The Delhi High Court in  Harvinder Kaur v Harminder Singh,[5] though had non-conforming views.Ultimately Supreme Court in  Saroj Rani v. Sudharshan,[6] gave a judgment which was in line with the Delhi High Court[7] views and upheld the constitutional validity of the section 9 and over-ruled the decision given in  T. Sareetha v. T. Venkatasubbaiah. [8]It is a sad commentary that despite various courts including the Apex Court of the Country upholding the validity of section 9. Many jurists still hav e doubts with respect to the soundness of this section and demand its abolishment.Abolitionist's View The abolitionists argue that it is a remedy that was unknown to Hindu law till the British introduced it in the name of social reforms. Even when the Hindu Marriage Act, 1955 was being passed in the Parliament, there were voices of scepticism regarding the efficacy of this remedy. [9] Sir J. Hannen in  Russell v. Russell[10] also vehemently opposed the remedy. Further, they are of the view any law that forces any person to live with another person is contrary to the value of the society.The remedy openly violates the fundamental right to life, privacy and equality hence is unconstitutional. Further more, there is frequently insincerity in the petitioner's intention. The remedy is blatantly misused to achieve ulterior purposes other than reconciliation, the root cause being S. 13 (1-A)(ii) of the Hindu Marriage Act, 1955 and has created an additional ground of divorce. Yet another major problem with restitution petitions is that it is used as a defence for maintenance suits. This remedy has been repeatedly misused, abused and exploited. 11]Adding more, the procedure prescribed to enforce this decree under Order 21 Rule 32 of Civil Procedure Code, 1908 is also criticized on the ground that in India, where most of the population and especially women (wife) do not have actual possession over any property. In such cases, if a restitution decree is not complied with, then the court is required to ascertain the share of the wife in the property of her husband, when it is not divided and arrive at her share in the property, but this involves cumbersome procedures.Difficulty also arises if the husband does not have a property in his name. Further, it is not correct to think that coercing a person that his property would be attached and sold away can change the attitude of the adamant spouse and make him obey the decree. Counter View However, in my opinion, section 9 of the Hindu Marriage Act is one of the most misunderstood sections of the Matrimonial law. Despite the controversy it has continuously been upheld by the Judiciary.Even the legislature through various committees and its reports has supported this section. All the reasons so stated by abolitionists can be easily encountered if this socially benefiting section is read in the right light and its essence is understood. It is imperative that a clear understanding of the section 9 is required because it is often invoked. First of all, it cannot be said that the concept of conjugal rights and that its embodiment in section 9 is foreign to the Indian culture and society.It may be borne in mind that conjugal rights. Such a right is inherent in the very institution of marriage itself. [12] The only thing is new is the embodiment of this concept which has been prevailing since antiquity. The prime objective of section 9 is to preserve the marriage. [13] According to the Hindu Marriage Act mar riage is a civil contract and a religious ceremony. [14] It is a contract of the greatest importance in civil institutions, and it is charged with a vast variety of rights and obligation,[15] cohabitation being one of them.It is the very soul of marriage and this section enforces the right of cohabitation. If there is no reasonable ground for living apart, the court orders for cohabitation and enforces the Contract there is nothing wrong as the parties had voluntarily stipulated this at the time of entering into the marriage bond. [16]Section 9, in actuality, is a means of saving the marriage, it is in a sense an extension of sub-sections (2) and (3) of section 23 of the Act which encourage reconciliation by the court.It is the policy of the Act that the parties should live together and assist in the maintenance of marriages. [17] By enforcing cohabitation, the court is serving this purpose of the Act. Further, it is criticized on the ground that it allows the withdrawing spouse to take an advantage of his own wrong, which is against the scheme of section 23 and allows him/her to apply for a decree in case of non consummation of the marriage within one year of passing of decree. However in  Dharmendra Kumar v.Usha Kumari,[18] the Hon'ble Court clearly stated that The expression â€Å"in order to be a  Ã¢â‚¬Ëœwrong†Ã‚  within the meaning of section 23(1) (a) the conduct alleged has to be something more than mere disinclination to agree to an offer of reunion, it must be misconduct serious enough to justify denial of the relief to which the husband or the wife is otherwise entitled to. [19]It is also often claimed to be gender discriminatory and violative of Article 14. T. Sareetha case[20] confirmed this view. It is obvious that the judge considered the entire question of restitution from the point of view of the woman.It seems that it has been overlooked that restitution of conjugal rights can also be claimed by the wife. It is relevant to state tha t the section is gender neutral as by the Amending Act 44 of 1964 either party to a marriage has been allowed to present a petition for divorce on the ground given in section 13(1-A). Even the party found guilty in restitution proceedings is entitled to petition for divorce under section 13 (1-A)(ii). There is complete equality of sexes here and equal protection of the laws. [21] Therefore this claim of abolitionist is incorrect.Section 9 is also criticized for being an instrument of forced sexual relation and hence being violative of right to privacy guaranteed under Article 21. But much contrary is its purpose. The remedy of restitution aims at cohabitation and consortium and not merely at sexual intercourse. [22] In  Halsbury's Laws of England[23]  it is observed: (cohabitation) aces not necessarily mean serial intercourse, which the court cannot enforce, so that refusal of sexual intercourse by itself does not constitute refusal to cohabit. [24] In support of this propositio n the high authority of Lord Stowell in  Forster v. Forster,[25]  Orme v. Orme, [26] and  Rowe v. Rowe[27] may be cited. One thing is clear from Lord Stowell's decision in  Forster v. Forster[28] and Halsbury's statement of law that the Court does not and cannot enforce sexual intercourse. In cases like T Sareetha, [29] the concept of marriage is pictured as if consists as if it consists of nothing else except sex. Chaudhary, J. ‘s over-emphasis on sex is the fundamental fallacy in his reasoning.He seems to suggest that restitution decree has only one purpose, that is, to compel the unwilling wife to â€Å"have sex with the husband†. This view was discarded long ago in as early as 1924 Sir Henry Duke President in  Jackson v. Jackson. [30]To say that restitution decree â€Å"subject a person by the long arm of the to a positive sex act† is to take the grossest view of the marriage institution. [31]Therefore, it is fallacy to hold that the restitution of conjugal rights constituted â€Å"the starkest form of governmental invasion† of â€Å"marital privacy†. 32] Further, applying the standard that law has to be just, fair and reasonable as enunciated inManeka Gandhi,[33] section 9 said tries to bring the parties together. Whether to grant restitution decree would be just, fair and reasonable in the facts and circumstances of a given case is left to the court to be decided in its judicial discretion. What better guarantee can the law afford for the â€Å"inviolability of the body and mind† of the wife and her â€Å"marital privacy†[34] And therefore it can be safely stated that section 9 is not violative of Article 21.It also stated by critique that restitution decree serve as a stepping stone to divorce and is condemned to be a passage or passport to divorce. The reason behind the scheme of putting non consummation of marriage after one year of passing the decree of restitution of conjugal rights under sec tion 13 of the Act is that the Indian Legislature believes that there should not be a sudden break of the marriage tie. It believes in reconciliation and that that cooling-off period is not only desirable but essential. If the marriage cannot be saved even after passing the decree of restitution it must be dissolved.A factual separation gives an easily justifiable indication of breakdown. [35] That is, under the Act it serves a double purpose. It first finds the fault and where it lies. Secondly it leads to the dissolution of the marriage, if there is no resumption of cohabitation. Further, recognizing non-consumption of marriage after 1 year of passing of Restitution Decree as a ground of divorce enables the aggrieved spouse to apply to the court for maintenance under section 25; and maintenance pendente lite may also be claimed by making out a case for the same as provided in section 24.This enables a wife, who does not desire disruption of the marriage or even judicial separation from the husband, to secure provision for her support by an order of the court under the matrimonial jurisdiction conferred on it, instead of filing a suit for maintenance under the law relating to maintenance now embodied in the Hindu Adoptions and Maintenance Act 1956. [36]People who are against the concept of restitution of conjugal rights argue that England which is the nation of origin of the concept has deleted this remedy from its legislation and India is still continuing it.The Law Commission, in their Fifty-ninth Report have- not recommended its abolition nor in their Seventy-First Report of 1978. The Commission was aware that it had been abolished in England under section 20 of the Matrimonial Proceedings Act 1970. However, it is germane to state that retaining this section all these years is not without reason. The truth is that the legislature has not accepted the breakdown theory in toto, as has been accepted in England. [37] Adding on, a recent writer[38] has suggeste d that â€Å"the opinion of Derrett is more realistic and that the Hindu society is not mature enough to do away with the remedy.Its abolition would be like throwing away the baby with the bath-water. â€Å"[39]It is also argued that the methodology adopted in execution of the decree as mentioned in the Code- of Civil Procedure (0-21 Rules 32 and 33) is erroneous as it provides for financial sanction in case of non fulfillment of this decree. It is to be remembered that marriage is also contractual in nature. Providing for a financial sanction in case of non fulfillment of contractual obligation is a common practice. Also that enforcement by attachment of property is provided by court where the disobedience to such a decree is willful i. e. s deliberate, in spite of the opportunities and there are no other impediments. 0 21, Rules 31 and 32 C. P. C. provide only a financial sanction to serve as an inducement by the court to effectuate restitution and serve a social purpose i. e. p revention of the break-up of the marriage. [40]Often the case of  Russel v. Russel[41] is quoted by abolitionist, however the bigger picture as to why Lord Herschell called this remedy as barbarous is not brought in light. What he said and meant was that reasonable excuse, an essential for the decree of Restitution of Conjugal Right, was not confined only to the grounds of divorce.It can as well be â€Å"something short of legal cruelty† which might constitute a reasonable excuse for refusing restitution. What was stated by him was that if the meaning of reasonable excuse was restricted to the grounds, then this remedy shall be barbarous. This is precisely what has been taken care of in India as the history of the Act would show. Section 9(2) as originally enacted provided that â€Å"Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which shall not be a ground for judicial separation or for nullity of marriage or for divorce. This created considerable difficulty. The Law Commission in its Fifty-Ninth Report recommended its deletion. It is now possible for the party to plead a reasonable excuse which may not necessarily be a ground either for judicial separation or nullity or divorce. So the Act was amended and by Act No. 68 of 1976 section 9 (2) was deleted. This brought the law in conformity with the opinion of Lord Herschell. It will, therefore, appear that Lord Herschell's expression â€Å"barbarous† was used in a different context. 42]Conclusion In summation, it may be stated that the grounds and arguments are baseless and they do not sufficiently prove that the Remedy of Restitution of Conjugal Rights is archaic, barbarous and violative of the basic Human Rights. It cannot be said that this remedy is unconstitutional. Section 9 has sufficient safeguards to prevent the marriage from being a tyranny. [43]In truth, it serves the social good purpose, by promoting reconciliation between the parties and mainten ance of matrimonial. It protects the society from denigrating. And all the years that it has been enforce it has efficiently played it's a role.References [1] Section 9 of the Hindu Marriage Act, 1955 reads as follows:- â€Å"When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly†. [2] After the Marriage Laws (Amendment) Act, 1976. [3] Paras Diwan, Law of Marriage ; Divorce, 4th Ed. p. 328. [4] T. Sareetha v. T. Venkatasubbaiah, A. I. R. 1983 A. P. 356. [5] A. I. R. 1984 Del. 66. [6] A. I. R. 1984 S. C. 1562. [7] Harvinder Kaur v Harminder Singh, A. I. R. 1984 Del. 66. [8] A. I. R. 1983 A. P. 356. [9] Jaspal S ingh, Law of Marriage and Divorce in India , (1983), p. 83. [10] (1897) AC 395. [11] A reference has been made to Mr. Prashanth S. J, Hindu Women And Restitution Of Conjugal Rights: Do We Need The Remedy [12] Kondal v. Ranganavaki, A. I. R. 1924 Mad. 49. [13] Harvinder Kaur v. Harmander Singh Choudhr, A. I. R. 1984 Del. 66. [14] Harvinder Kaur v. Harmander Singh Choudhr, A.I. R. 1984 Del. 66. [15] Linda v. Belisario (1795) 1 Hag. Con. 216(21) per Sir William Scott at pp. 30, 232. [16] Harvinder Kaur v. Harmander Singh Choudhr, A. I. R. 1984 Del. 66. [17] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [18] A. I. R. 1977 S. C. 2218. [19] Dharmendra Kumar v. Usha Kumari, A. I. R. 1977 S. C. 2218. [20] T. Sareetha v. T. Venkatasubbaiah, A. I. R. 1983 A. P. 356. [21] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [22] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [23] 12th Vol. , 3rd Ed. , p. 284. 24] A reference may be made to Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [25] (1790) I Hag. Con. 144. [26] (1924) 2 Addf 382-162 E. R. 335 [27] (1865) 34 L. J. P. M;A 111 [28] (1790) I Hag. Con. 144. [29] A. I. R. 1983 A. P. 356. [30] (1924) Probate 19 (2). [31] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [32] A reference may be made to Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [33] Mrs. Maneka Gandhi v. Union of India (UOI) and Anr, A. I. R. 1978 S. C. 597. [34] Harvinder Kaur v. Harmander Singh Choudhry, A. I.R. 1984 Del. 66. [35] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Delhi 66. [36] S. A. Desai, Mulla Hindu Law, Vol. 2, 19th Ed. , p. 60. [37] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [38] R. C. Nagpal, Modern Hindu Law, (1983), p. 110. [39] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [40] Saroj Rani v. Sudharshan Kumar Chadha, A. I. R. 1984 S. C. 1562. [41] (1897) A. C. 3 95 (16). [42] Harvinder Kaur v. Harmander Singh Choudhry, A. I. R. 1984 Del. 66. [43] Saroj Rani v. Sudharshan Kumar Chadha, A. I. R. 1984 S. C. 1562. | |

A to Z Animal Profiles List By Scientific Name

A to Z Animal Profiles List By Scientific Name We use common names for animals in everyday speech, but scientists have a different method of naming creatures, called binomial nomenclature or two-word naming. This scientific naming system avoids confusion when a scientist is speaking to a colleague who speaks another language- or when different animals are given the same name in various regions. For instance, if scientists who speak English, Russian, Spanish, French and Japanese all are talking about a Balaenoptera musculus, they all know they are speaking about the same animal: Its the sea mammal the English speaker knows as the blue whale. Latin words are used, with the first term identifying the genus to which the animal belongs. (This is the animals generic name or generic epithet.) The second term identifies the species. (This is the animals specific name or specific epithet.) A Actinopterygii - Ray-finned fishesAgalychnis callidryas - Red-eyed tree frogAiluropoda melanoleuca - Giant pandaAlces americanus - American mooseAmblyrhynchus cristatus - Marine iguanaAmphibia - AmphibiansAnimalia - AnimalsAnser indicus - Bar-headed gooseAnseriformes - WaterfowlAntilocapra americana - PronghornAnura - Frogs and toadsAplysia californica - California sea hareArchilochus colubris - Ruby-throated hummingbirdArthropoda - ArthropoodsArtiodactyla - Even-toed ungulatesAves - Birds B Baeolophus bicolor - Tufted titmouseBalaeniceps rex - ShoebillBalaenoptera musculus - Blue whaleBatoidea - Skates and raysBison bison - American bisonBranta canadensis - Canada gooseBranta sandvicensis - Nene gooseBufo bufo - European common toad C Campephilus principalis - Ivory-billed woodpeckerCanidae - CanidsCanis lupus arctos - Arctic wolfCaracal caracal - CaracalCarcharodon carcharias - Great white sharkCaretta caretta - Loggerhead turtleCarnivora - CarnivoresCastor canadensis - American beaverCepphus columba - Pigeon guillemotCeratotherium simum - White rhinocerosCetacea - CetaceansChelonia - Turtles and tortoisesChelonia mydas - Green sea turtleChiroptera - BatsChondrichthyes - Cartilaginous fishesChordata - ChordatesCichlidae - CichlidsCiconiiformes - Herons, storks, ibises and spoonbillsCnidaria - CnidariaConolophus subcristatus - Galapagos land iguanaCrocodilia - CrocodiliansCyclura cornuta - Rhinoceros iguana D Danaus plexippus - Monarch butterflyDasypus novemcinctus - Nine-banded armadilloDaubentonia madagascariensis - Aye-ayeDelphinus delphis - Common dolphinDendrobates auratus - Green poison dart frogDermochelys coriacea - Leatherback sea turtleDiceros bicornis - Black rhinocerosDiomedea exulans - Wandering albatrossDugong dugong - Dugong E Echinodermata - EchinodermsElasmobranchii - Sharks, skates and raysElephas maximus - Asiatic elephantEquus asinus somalicus - Somali wild assEquus burchellii - Burchells zebraEquus caballus przewalskii - Przewalskis wild horseEretmochelys imbricata - Hawksbill sea turtleErithacus rubecula - European robinEschrichtius robustus - Gray whaleEudocimus ruber - Scarlet ibis F Falconiformes - Birds of preyFelidae - CatsFratercula arctica - Atlantic puffinFregatidae - Frigatebirds G Gastropoda - Gastropods, slugs and snailsGavialis gangeticus - GavialGeochelone nigra - Galapagos tortoiseGiraffa camelopardalis - GiraffeGorilla gorilla - GorillaGymnophiona - Caecilians H Hippopotamus amphibus - HippopotamusHomo neanderthalensis - NeandertalHyaenidae - HyenasHyperoodon ampullatus - Northern bottlenose whale I Insecta - InsectsIsoptera - Termite L Lagenorhynchus acutus - Atlantic white-sided dolphinLagenorhynchus obscurus - Dusky dolphinLagomorpha - Hares, rabbits and pikasLoxodonta africana - African elephantLynx lynx - Eurasian lynxLynx rufus - Bobcat M Mammalia - MammalsMarsupialia - MarsupialsMeles meles - European badgerMephitidae - Skunks and stink badgersMetazoa - AnimalsMicrolophus albemarlensis - Lava lizardMollusca - MollusksMorus bassanus - Northern gannetMustela nigripes - Black-footed ferretMustelidae - MustelidsMyrmecophaga tridactyla - Giant anteater O Orcaella brevirostris - Irrawaddy dolphinOrcinus orca - OrcaOctopus vugaris - Octopus P Panthera leo - LionPanthera onca - PantherPanthera pardus - LeopardPanthera pardus orientalis - Amur leopardPanthera tigris - TigerPanthera tigris altaica - Siberian tigerPanthera uncia - Snow leopardPelicaniformes - Pelicans and relativesPerissodactyla - Odd-toed ungulatesPhascolarctos cinereus - KoalaPhoca vitulina - Common sealPhoenicopterus ruber - Greater flamingoPlatalea ajaja - Roseate spoonbillPongo pygmaeus - Bornean orangutanPorifera - SpongesPrimates - PrimatesProboscidea - ElephantsPropithecus tattersalli - Golden-crowned sifakaPterois volitans - Firefish or lionfishPteropus rodricensis - Rodriguez flying foxPuma concolor - Mountain LionPygoscelis adeliae - Adà ©lie penguin R Rangifer tarandus - CaribouReptilia - ReptilesRhincodon typus - Whale sharkRodentia - Rodents S Sarcopterygii - Lobe-finned fishesScyphozoa - JellyfishSphenisciformes - PenguinsSphenodontida - TuatarasSphyrnidae - Hammerhead sharksSquamata - Amphisbaenians, lizards and snakesStrigiformes - OwlsStruthio camelus - OstrichSuidae - PigsSula nebouxii - Blue-footed boobySuricata suricatta - Meerkat T Tamandua tetradactyla - Southern tamanduaTapiridae - TapirsTinamiformes - TinamousTragelaphus oryx - Eland antelopeTremarctos ornatus - Spectacled bearTrichechus - ManateesTrochilidae - HummingbirdsTursiops truncatus - Bottlenose dolphinTytonidae - Barn owls U Ursus Americanus - American black bearUrsus Arctos - Brown bearUrsus Maritimus - Polar bear V Varanus komodoensis - Komodo dragonVulpes vulpes - Red fox X Xenarthra - Xenarthrans