The Principal Psychological Perspectives Children And Young People Essay

The Principal Psychological Perspectives Children And Young People Essay Humanistic approach focuses on each individuals needs, potential, growth and self-actualization, as they believe that people are all different because everyone is seen as an individual. Humanistic starts from the assumption that every individual has their own unique way of understanding the world and that the things they do only make sense in this path. Furthermore humanistic also openly supports the idea that people have a free will and are capable of choosing their own actions towards growth and fulfilment of their own potentials as their roles are focused on how people can be helped to fulfil their potentials and lead more satisfied lives as the main strength of the humanistic approach is to emphasize the role of the individuals and the subjective meanings to them. Carl Rogers idea of behaviour was focused on the self, which is the persons consciousness of their own identity. Rogers believed that people could only fulfil their potentials for growth if they had a basic positive view of themselves such as having a positive self regard, self concept, self esteem and self confidence. These are important as it is made up of how we assess ourselves and how we see our personality and how we rate our skills and abilities as when we have self esteem our assessment is more positive. This also would occur if individuals have the absolute positive concept off of other people, for example if individuals are being valued and respected without hesitation by those around, people would then gain positive concepts towards themselves and if these needs are not met or fulfilled people would see themselves as worthless, useless, unloved or hopeless. From a young age people start to form a self concept as people around them such as parents or siblings, for example y oung children may want to dress up as their parents or try on their siblings clothings as they seek to gain acceptance and positive feedbacks. Mostly many childrens form self concept from the media as it is worldwide and the fashionable clothings they see on TV they may feel to copy off it to keep up with the fashion that out or to feel good about themselves and for others to compliment them as the media could put many ideas in childrens head. Carl Rogers also believed that if at a young age, childrens are bad, ugly, dumb or silly they will grow in to always thinking these negative self concepts about themselves as when young children gain a negative comment it would stick to them till their older and may also start to have doubt or limit their abilities or skills due to containing the negative aspects upon themselves. Carl Rogers noticed and acknowledged there is a barrier as most people do not gain positive concepts off of others as it is being unreserved. Rather, people think they will only be loved and valued if they meet certain conditions of worth, for example being well behaved and passing exams etc. these conditions of worth creates strength within the self between the real self such as how the person really is and the ideal self such as how others think they should be. Carl Rogers saw that people try to close the gaps between the real and the ideal self but most people do this in unhelpful ways such as chasing ach ievements that would not make themselves satisfied or to change their view of themselves of the world. Abraham Maslows view of human needs was more complex than Carl Rogers. As Carl Rogers believed that people needed unconditional positive regard, Abraham Maslow acknowledged that people have a variety of different needs that change and needs to be satisfied at different times. Abraham Maslow (1908-1970) was a psychologist who described a hierarchy of human needs as he believed that everyone should seek to be the best that they can be holistically. Unless our physical needs are met, people will not be able to survive as the most basic needs are towards the bottom and work its way up but before they move up their basic needs should be met before they approach the next level. Abraham Maslow believed that those who are fully satisfied all their needs might become self-actualisers which means those people who have fulfilled their potentials completely. File:Maslows Hierarchy of Needs.svg Basic Physical needs food and water, which is appropriate meets dietary and religious requirements and reflect individual likes; accommodation with heating which would allow people to move around and feel safe, clothing which is clean, comfortable and appropriate to the temperature of the weather and activities Safety and security needs living in accommodation which feels safe and secure, with chosen belongings around with sufficient money and privacy Social needs being able to maintain relationship which would make people feels cared for and loved as well as opportunities to make new friends and having interests and keeping in contact with family and friends though visits, telephone calls and email. This will allow the opportunity to join a group try different activities and spend time with family and friends. Self esteem feeling good about yourself and being treated with respect and dignity by other people, as being treated as a person with rights to make choices and express thoughts and feelings Self actualization opportunities to express yourself through words, music or art, the chance to learn and develop new skills and be mentally stimulated, perhaps through hobbies, interests and contact with other people. P2: Explain different psychological approaches to health practice P3: Explain different psychological approaches to social practise Applying the Humanistic Approach to Health and Social Care Person Centred Approach This approach is based on the theory and philosophy of Carl Rogers as he became famous and well known after he had implemented and developed a particular type of approach based on people working in a way that meet the needs of the individuals, and responds to a verity of different contexts. Person centred planning discovers and acts on what is important to a person as this would be done in a non-directive way by either councillors or therapists. They strongly believe in other peoples potential, ability and skill to make the right choices, regardless of other peoples own values, beliefs and ideas. They would have to give unconditional positive regards such as loving them regardless what and how the clients are. This counselling or therapy should make clients feel the idea that the therapists or councillors are supporting them within their experiences, feelings, beliefs and emotions. By having these needs met Carl Rogers believes that this would help the clients finally accept themselv es of who they really are or how they may look. This would also help them by how they view themselves and would start to think positively about themselves such as worthy, valuable, precious etc. This approach will also empower people in being control of their lives and be the best they can be, as the person centre approach ensures people are safeguarded and have a voice to be heard and have a better future. A person centred approach is not the same way in people normally work as they would be additional such as a way of doing things differently, to achieve better outcomes for children, young people, their families and carers. The role of the person centre approach is to set up activities which are based upon what is important to a person from their own perspectives and which contribute to their addition in society and then start to make progress. This approach is also vital for therapist or councillors to have empathy for example picturing them in the clients position such as what they may have been through or what they are feeling. For some that are dealing with difficulties in their actual self and their ideal self due to not matching, would need someone who could really listen to them and advice them in the best way possible.

Tulare Township Essay -- Artificial Irrigation, Northern California

C-Irrigation The familiar rural landscape of today’s Tulare Township is the artificial creation of irrigation. The modern eye—accustomed to the regularity of shaded orchards and the linear furrowed fields of row crops—finds it difficult to imagine the countryside before irrigation, much less the arid, barren grassland that existed until the 1860s. One has a tendency to see this landscape as eternal. But the current rural scene is not yet a century old. Although Tulare Township residents had long recognized the need for irrigation, irrigation on a mass scale came late to the district. The reasons for the delay—politics, geography, technology, and economics—tell, in microcosm, the San Joaquà ­n Valley irrigation story. It did not take long for California’s small farmers to realize that dry farming, which depended on winter and spring rains, was not trustworthy. The first two decades of California’s Wheat Bonanza era—the 1860s and 1870s—saw wide variation in crop yields as the state alternated between drought and â€Å"normal rainfall† years. While the large bonanza ranchers could survive the droughts of 1863–1865, 1870–1871, and 1873–1875, the small ranchers often failed. The Diablo Range’s â€Å"rain shadow† worsened the challenges for West Side grangers; even â€Å"below normal† rainfall elsewhere could seriously jeopardize the West Side harvest. By 1870, the need for extensive irrigation in the San Joaquà ­n Valley was clear, but how should Californians carry out the task? The earliest Northern California tries at large-scale irrigation were entrepreneurial ventures. Investors fashioned commercial irrigation companies that owned the canal system but not the irrigated lands. In the 1870s, land speculators regularly used this arrangement to st... ... to approve the bond sale. Although some accused Crittenden of defecting to the cattle interests, his reluctance may have reflected the general loss of enthusiasm by West Side farmers for irrigation in the late-1870s. The drought of the 1870s had ended, and the wet years brought good West Side harvests. It no longer felt urgent to spend money to avert crop failures. Besides, some farmers believed the district could not sell its bonds without state backing. The second Westside authorization act had not included such a provision after Bay Area interests had objected. As later experience would prove, the lack of state backing often placed a serious handicap on marketing irrigation securities. By 1880, the West Side Irrigation District, authorized but never implemented, had collapsed. Tulare Township would wait another thirty-five years for large-scale irrigation.

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.

How Global Changes Affect You Business Essay - Free Essay Example

Sample details Pages: 9 Words: 2641 Downloads: 9 Date added: 2017/06/26 Category Business Essay Type Analytical essay Did you like this example? When I study this subject, I understand the importance of business. I know that, business can be defined as a person, partnership, or cooperation that seeks to provide goods and services to others at a profit. Besides that, this course can have a major impact on your career direction and future success regardless of whether you major in business, the sciences, or the liberal arts. Don’t waste time! Our writers will create an original "How Global Changes Affect You Business Essay" essay for you Create order Whatever you major may be, you are likely to end up pursuing a career in a business setting. For example, if you major in science, you may work for a biotechnology firm and can benefit from an understanding of business concepts such as managing an organization, working with employees, and managing employees. If you select journalism as a major, you may work for a media or publishing firm and, therefore, can benefit from an understanding of business concepts such as providing a product desired by consumers. Business concepts such as creating ideas, leadership, teamwork, and quality control are relevant to almost everyone, no matter what career is chosen. An Introduction to Business course provides the foundation of business knowledge that can enable you to utilize your talents in the business world. It also provides you with an overview of many different business worlds. It also provides you with an overview of many different business topics, allowing you to determine the specific fie ld of business. Introduction of Business Environment Business environment is that which surrounds a business. It affects a business. It is dynamic in the sense it keeps changing. Since it is composed of many factors, it is important for a company to study and monitor its environment carefully. This is so that the business does not go wrong in its planning process for its current and future plans. The changes in the environment may be good or bad for a particular business. They can affect the business in a positive or a negative way. It becomes essential to monitor the environment, especially the external, uncontrollable part of the environment. Since there are innumerable components that make up the total environment, a careful understanding of each and the implications of the changes of each factor need to be done. This facilitates the strategic planning process. Just as a human being take decisions based on his or his surrounding environment, example: parent, siblings, peer group, teachers, role models, health, attitude, socio-econ omic status. 1.2 The Economic and Legal Environment People are willing to start new businesses if they believe that the risk of losing their money isnt too great. Part of that risk involves the economic system and how government works with or against businesses. Government can do a lot to lessen the risk of starting businesses and thus increase entrepreneurship and wealth. For example, a government can keep taxes and regulations to a minimum. Another way for government to actively promote entrepreneurship is to allow private ownership of businesses. In some countries, the government owns most businesses, and theres little incentive for people to work hard or create profit. All around the world today, however, governments are selling those businesses to private individual to create more wealth. One of the best things the governments of developing countries can do is to minimize interference with the free exchange of goods and services. 1.3 The Technological Environment Technological factors sometimes pose serious problems. A firm that unable to cope with technological changes may not be survived. Further, the differing technological environment of different markets or countries may be called for product modifications. Besides that, Technology also is the most important elements of the macro environment. Furthermore Technology is the human being innovation and it literally wonder Technology helps to human being go to the moon, travelling the spaceships, other side of the globe with few hours. Advances in the technologies have facilitated product improvements and introduction of new products and have considerably improved the marketability of the products. The fast changes in technologies also create problems for enterprises as that render. Plants and product obsolete. Today adopt changers in technology to achieve successful in business and industry. Internet and telecom system also is the important part of technological development in the world . These things today changed whole world. It changes people and business operation. It leads to many new business opportunities apart from the many existing systems. Technological environment characteristics are outlined: The find of technological change Opportunities are arising out of technological developments. Risk and uncertain is the major feature of the technological developments. Research and development role to country Technology and business activities are to be highly considerable, interrelated and interdependent. Technology output/fruits available to society through business activities in this way improve the quality of life in the society. Therefore, technology nurtured by business. 1.4 The Social Environment Demography is the statistical study of the human population with regard to its size, density, and other characteristics such as age, race, gender, and income. The particularly interested in the demographic trends that most affect business and career choices. Managing Diversity has come to mean much more than recruiting and keeping minorities and women. Many more groups are now included in diversity efforts. For example, the list of 26 diversity groups identified by Federated Department Stores includes seniors, the disable, homosexuals, atheists, extroverts, introverts, married people, singles, and the devout. 1.5 The Global Environment The global environment may affect all firms directly or indirectly. Some firm rely on foreign countries for some of their supplies or sell their products in various countries. They may even establish subsidiaries in foreign countries where they can products and sell to them. Even if a firm is not planning to sell its products in foreign countries, it must be aware of the global environment because it may face foreign competition when it sells its product locally. Furthermore, global economic conditions can affect local economic conditions. It economic condition weaken in foreign countries, the foreign demand for U.S. products will decrease. Consequently, sales by U.S. firms will decrease, and this may result in some layoffs. The general income level in the United state will decline, and U.S. consumers will have less money to spend. The demand for all products will decline, even those that are sold only in the United States. Thus, even firms that have no international business can b e affected by the global environment. 1.5.1 How Global Changes Affect You As businesses expand to serve global markets, new jobs will be created in both manufacturing and service industries. U.S. exports are expected to continue to increase under new trade agreements that will lead to expansion of the job market both in the United States and globally. Global trade also means global competition. The students who will prosper are those who are prepared for the markets of tomorrow. That means that you must prepare yourself now to compete in a rapidly changing worldwide environment. Conclusion During this chapter I learn that type of the environment, and also know that this four type of environment will effects our business environement Introduction of Ownerships When entrepreneurs establish a business, they must decide on the form of business ownership. There are three basic forms of business ownership: sole proprietorship, partnership, and corporation. The form that is chosen can affect the profitability, risk, and value of the firm. The business ownership decision determines how the earnings of a business are distributed among the owners of the business, the degree of liability of each owner, the degree of control that each owner has in running the business, the potential return of the business, and the risk of the business. These types of decisions are necessary for all business. Sole Proprietorship A business owned by a single owner is referred to as a sole proprietorship. The owner of a sole proprietorship is called a sole proprietor. A sole proprietor may obtain loans from creditors to help finance the firms operations, but these loans do not represent ownership. The sole proprietor is obligated to cover any payments resulting from the loans but does not need to share the business profits with creditors. Typical examples of sole proprietorships include a local restaurant, a local construction firm, a barber shop, a laundry service, and a local clothing store. About 70 percent of all firms in the United States are sole proprietorship. But because these firms are relatively small, they generate less than 10 percent of all business revenue. The earnings generated by a sole proprietorship are considered to be personal income received by the proprietor and are subject to personal income taxes collected by the Internal Revenue Service. Characteristics of Sole Proprietors Sole proprietors must be willing to accept full responsibility for the firms performance. The pressure of this responsibility can be must greater than any employees responsibility. Besides of this, Sole proprietors must also be willing to work flexible hours. They are on call at all times and may even have to substitute for a sick employee. Other than that, their responsibility for the success of the business encourages them to continually monitor business operations. They must exhibit strong leadership skills, be well organized, and communicate skill well with employees. Many successful sole proprietors had precious work experience in the market in which they are competing, perhaps as an employee in a competitors firm. For example, restaurant managers commonly establish their own restaurant. Experience is critical to understanding the competition and the behavior of customers in a particular market. Advantages of a Sole Proprietorship Easy Organization Establishing a sole proprietorship is relatively easy. The legal requirements are minimal. A sole proprietorship need not establish a separate legal entity. The owner must register the firm with the state, which can normally be done by mail. The owner may also need to apply for an occupational license to conduct a particular type of business. The specific license requirements vary with the state and even the city where the business is located. Complete control Having only one owner with complete control of the firm eliminates the chance of conflicts during the decision on the menu, the prices, and the salaries paid to employees. Lower Taxes Because the earnings in a proprietorship are considered to be personal income, they may be subject to lower taxes than those imposed on some other forms of business ownership. Total Decision-Making Authority Because the sole proprietor is in total control of the operations, he or she can respond quickly to changes, which is an asset in a rapidly shifting market. The freedom to set the companys course of action is a major motivational force. For those who thrive on the enjoyment of seeking new proprietors thrive on the feeling of control they have over their personal financial futures and the recognition they earn as the owners of their business. Disadvantages of a Sole Proprietorship The Sole Proprietor Incurs All Losses Just as sole proprietors do not have to share the profits, they are unable to share any losses that the firm incurs. For example, assume you invest $10,000 of your funds in a lawn service and borrow an additional $8,000 that you invest in the business. Unfortunately, the revenue is barely sufficient to pay salaries to your employees, and you terminate the firm. You have not only lost all of your $10,000 investment in the firm but also are liable for $8,000 that you borrowed. Since you are the sole proprietor, no other owners are available to help cover the losses. Unlimited Liability A sole proprietor is subject to unlimited liability, which means there is no limit on the debts for which the owner is liable. If a sole proprietors is sued, the sole proprietor is personally liable for an judgment against that firm. Limited Skills A sole proprietor has limited skills and may be unable to control all parts of the business. For example, a sole proprietor may have difficulty running a large medical practice because different types of expertise may be needed. Limited Funds A sole proprietor may have limited funds available to invest in the firm. Thus, sole proprietors have difficulty engaging in airplane manufacturing, shipbuilding, computer manufacturing, and other business that require substantial funds. Sole proprietors have limited funds to support the firms expansion or to absorb temporary losses. A poorly performing firm may improve if given sufficient time. But if this firm cannot obtain additional funds to make up for its losses, it may not be able to continue in business long enough to recover. Partnership A business that is co-owned by two people or more than two people is referred to as a partnership. The co-owners of the business are called partners. The co-owners must register the partnership with the state and may need to apply for an occupation license. About 10 percent of all firms are partnerships. Besides of this, in a general partnership, all partners have unlimited liability. That is, the partners are personally liable for all obligations of the firm. Conversely, in a limited partnership, the firm has some limited partners, or partners whose liability is limited to the cash or property they contributed to the partnerships. Limited partners are only investors in the partnership and do not participate in its management, but because they have invested in the business, they share its profits or losses. A limited partnership has one or more general partners, or partners who manage the business, receive a salary, share the profits or losses of the business, and have unlimited li ability. The earnings distributed to each partners represent personal income and are subject to personal income taxes collect by the IRS. Disadvantages of Partnerships Lack of Continuity If one partner dies, complications arise. Partnership interest is often nontransferable through inheritance because the remaining partner may not want to be in a partnership with the person who inherits the deceased partners interest. Partners can make provisions in the partnership agreement to avoid dissolution due to death if all parties agree to accept as partners those who inherit the deceaseds interest. Control is shared The decision making in a partnership must be shared. If the partners disagree about how the business should be run, business and personal relationships may be destroyed. Some owners of firms do not have the skills to manage a business. Unlimited Liability General partners in a partnership are subject to unlimited liability, just like sole proprietors. Profits Are Shared Any profits that the partnership generates must be shared among all partners. The more partners there are, the smaller the amount of a given level of profits that will be distributed to any individual partner. Conclusion Of my opinion I would like to choose Sole Proprietors, because it is better than Partnerships. Besides that, it is lower taxes because the earnings in a proprietorship are considered to be personal incomes, they may be subject to lower taxes than those imposed on some other forms of business ownership. Other than that, Sole Proprietors make us easy and quickly do decision and making authority. Because the sole proprietor is in total control of the operations, he or she can respond quickly to changes, which is an asset in a rapidly shifting market. The freedom to set the companys course of action is a major motivational force. For those who thrive on the enjoyment of seeking new proprietors thrive on the feeling of control they have over their personal financial futures and the recognition they earn as the owners of their business. Other than that, Sole proprietors is much more better than Partnerships because of Partnerships much more disadvantages then Sole Proprietors. If one par tner dies, complications arise. Partnership interest is often nontransferable through inheritance because the remaining partner may not want to be in a partnership with the person who inherits the deceased partners interest. Partners can make provisions in the partnership agreement to avoid dissolution due to death if all parties agree to accept as partners those who inherit the deceaseds interest.