Construction Problem Question - Free Essay Example

Sample details Pages: 5 Words: 1570 Downloads: 2 Date added: 2017/06/26 Category Building Essay Type Research paper Did you like this example? Introduction The land of Campa Cola compound buildings owned BMC and it gave to leased to company Pure Drinks ltd, company sold their development rights to the land to three builders to construct homes. But builders, during the period of construction which is 1984, constructed around 35 more floors, which was more than BMC approved for residential purpose. During construction, authorities issued notices for fine and à ¢Ã¢â€š ¬Ã‹Å"to stop construction workà ¢Ã¢â€š ¬Ã¢â€ž ¢. Don’t waste time! Our writers will create an original "Construction Problem Question" essay for you Create order Builders paid their fine and resumed work they were under the impression that violation will be regularised. But they did not get Occupation Certificate from BMC. Despite, builders were illegally sold constructed flats. The residents of the buildings claimed when they were buying the flats they thought they will get the occupation certificated in due course. But Supreme Court rejected their claims and held the time of purchasing residents knew the construction was illegally[1]. Issues Whether flat owner should be punished for builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s act? Whether Judiciary has a power to grant mercy for demolition? Whether illegal construction should have been regularizing? Judicial Interpretation In this paper researcher giving our own opinion with the help of judgment given by Chief Justice Truepenny in the case of The Speluncean Explorers[2]. In campa cola case court held that illegality of construction cannot be propagated, i.e. illegal construction must go. For example, when judicial system understands the concept of à ¢Ã¢â€š ¬Ã…“illegitimate childà ¢Ã¢â€š ¬Ã‚ , before that there was no term for those circumstances but after when they recognized the right term. The logic behind that is if two unmarried people voluntarily had sexual relationship and if a child born in that is called as à ¢Ã¢â€š ¬Ã…“illegitimate childà ¢Ã¢â€š ¬Ã‚ , reason that his parents doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have legitimate relationship with each other. But the point is innocent child should be punish for his parentà ¢Ã¢â€š ¬Ã¢â€ž ¢s act, but he had to suffer all through his life even where there was no involvement of child. The main lawbreakers are his parent s not him, why should he punished in the place of his parents act, i.e. judicial system recognized à ¢Ã¢â€š ¬Ã…“illegitimate childà ¢Ã¢â€š ¬Ã‚  so that he can use his rights as same as legitimate child. If same logic we apply in campa cola case à ¢Ã¢â€š ¬Ã…“victims (owner of flats)à ¢Ã¢â€š ¬Ã‚  are going to suffer, where there was not fully involvement of them, at the time of committing the offence. Builders are the main law breaker in this case yet people who are living there for more than 25 years have to suffer all the consequences. In big cities it is very common that builders constructs illegal building or flats and after selling those they went off and people who bought it has to suffer all penalties. According to Chief Justice Truepenny in explorer case[3], he said legal rules are definite or clear cut in statues, and only court can give you definition of the legal defence for that specific rule. Cases which supports the judgment of Campa Cola case In Frien ds colony vs. State of Orissa case[4], court observed, builders have failed to perform their duty to follow original sanction planned, unwary purchaser in search of roof of their head, bought flats from builders, subsequently when they got to know about illegality of construction, they face the consequences. The builder filled their pocket and walk away but the honest people have to face all penalties for builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s wrongful act. In these matter local authorities also failed to perform their duty, they have engineers and police inspectors to discontinue the illegal construction, but they also failed to perform duty. They should have inspected the area of campa cola where authority clearly gave order to stop construction. The municipal rules are made for welfare of the people to provide all basic needs from government, like water, electricity etc. it is governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty to think about for innocent and unwary buyers who are the victim of illegal act[5 ]. In case of Royal Paradise Hotel case[6], court said, if construction work had been made illegally even after notice has been issued, no authorities can regularize the construction. In further case of Dipak Kumar vs. Kolkata municipal corp., where court observed that illegal and unauthorised construction not only violates the municipal laws but also constitutional and fundamental rights of other persons. State must take an action against builders instead of innocent people; also state should take penalties or compensation for innocent people. Important facts of case In 1983, builder secured the permission from the chief minister of state raise the height of 60 feet. Revised plans submitted for construct more floors on every building are rejected by planned authority in 1984. Notwithstanding, builders resumed work, therefore Executive Engineer issued a notice regarding of à ¢Ã¢â€š ¬Ã‹Å"stop constructionà ¢Ã¢â€š ¬Ã¢â€ž ¢ under section 354A 1888 act, which says that if the needful is not done, construction will be forcibly removed[7]. Therefore, after issued notice builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s submitted a new construction plan in 1985, but authority refused to give permission on the basis of the construction is violating the sanctioned plan, thereupon again à ¢Ã¢â€š ¬Ã‹Å"stop workà ¢Ã¢â€š ¬Ã¢â€ž ¢ notice had been issued. In 1994 engineer, Shri Jayant Tipnis submitted another amended plans, but again Deputy Chief Engineer rejected the new plans[8]. Number of occasionà ¢Ã¢â€š ¬Ã¢â€ž ¢s builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s has been informed to stop construction, but every time they refused to follow it. During this course many purchaser were came for buying flats and agreement made between them for purchasing. Each agreement it was mentioned builders had submitted an amended plans for sanction and buyers has been inspected for every document. Although, the members of the societies were knows at the time of purchasing that new planed had not been sanctioned and permission for occupation certificate had not been issued by government authorities, subsequently housing societyà ¢Ã¢â€š ¬Ã¢â€ž ¢s member started litigation under the impression they will permitted the certificate by authority and court will regularize the building, but the High Court of Maharashtra, gave an order in favour of BMC, said that illegal construction must go, court rejected all the arguments of society and held BMC action is legally right. Researcherà ¢Ã¢â€š ¬Ã¢â€ž ¢s view In researcher view residents also have voluntarily participated in this wrongful act, as we discussed above builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s amended proposal was not sanctioned by competent authority, and original plan was raise only up to 60 feet height, which developers or builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s refused to follow and documents of building scrutinized by residents where it was mentioned the new plan of construction had been not sanctioned, even though people were buying the flats under the impression that building will be regularize by authority as had been going for years. They will receive the occupational certificate and BMC will regularize the building, but it didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t happened, therefore, BMC refused to give water supply and when members of society went to court in 2005 for water connection, court refused to give permission in favour of members, court gave an decision in favour of BMC, after 30 years demolition of building is morally wrong but legally right. Hypothetical Judgement and its effects on parties If we talk about for consequences after giving order for both sides, suppose the result will be in the favour of BMC, then BMC have to demolish the building, therefore people or residents become homeless, while they will suffer the wealth crisis where they have no place to stay, there is no roof on their heads. Their homes have been taken from authority where these homeless people stayed more than 25 years. In future every other person wi ll learn from this case and be careful at the time of purchasing flats or homes, thus in this way violation of such laws accordingly decreasing, further builders also be cautious for rules and regulation. Furthermore, on same logic suppose if court gives an order in favour of residents, then consequences will be positive and morally accurate in side of society. Residents just have to pay compensation for violating the law, their situations are quite well but in future again such type of case arrives then again judiciary have to think in a naturalistic way, which supports violation of such laws. Again, in big cities where such problems are very common, builders will construct the more illegal construction and sell to buyers. It would be reward for builders to fill their pockets. From researcherà ¢Ã¢â€š ¬Ã¢â€ž ¢s view, Judiciary doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have any rules to prevent residents for being a victim in this case; further judiciary only works on the written rules in stat ue, which is violated by builders or developers, thus people allowed taking any action builder but outside the case, but in current situation court cannot provide any compensation or mercy from judiciary, rule has been broken therefore people have to suffer the consequences. Government or Chief Executive Council is only opportunity they have to use against the decision; ità ¢Ã¢â€š ¬Ã¢â€ž ¢s been more than 25 years these people are living on the same building and suddenly because of the mistake of builder, they have to suffer the consequences which is morally very wrong, Government should do something for them or punish builders instead of them. Executive Council is only can grant mercy in this case. Judiciary can also provide help to these residents to give petition to Executive Council with the sign of all judges requesting to show mercy to defendants. [1] See, Anonymous, The Mumbai Campa Cola Society case, available at, https://ibnlive.in.com/news/the-mumbai-campa-cola-society-case-all-you-want-to-know/480489-3-237.html, last accessed on 12th august, 2014. [2]Supreme Court of Newgarth, 4300. [3] Ibid. [4] (2004) 8 SCC 833. [5] Ibid. [6] (2006) 7 SCC 597. [7] Section 354A of the, Mumbai Muncipal Corporation Act, 1888. [8] Campa cola case.

Dziga Vertov Film Analysis - 1546 Words

Dziga Vertov was a Soviet film theorist and director who coined the term kino-eye to refer to the style of filming everyday life. Similar to the Constructivists, he was hoping to create novyi byt, or a new everyday life in a socialist society that would not fetishize the object. And in doing so, Vertov wanted to include the proletariat in this new wave of film that was previously dominated by the bourgeoisie and their aesthetics. The proletarians did not understand bourgeois films, they were not drawn into the story because they could not look over the fact that the actors were just that: actors. And it was even less believable for them to see actors portraying proletarians themselves, because the films had a theatrical quality that†¦show more content†¦This is what kino-eye is fighting against; Vertov wants the viewer to once again become conscious and free from the poisonous art-dramas. And so kino-eye calls for filming of facts and of the everyday lives of not the bourgeo isie, but the proletarians in both rural and urban settings, and in doing so, the viewers consciousness will once again be restored. Vertov was not alone in filming with kino-eye, he had a group of fellow directors and filmers, called kinoks, who worked with him, and, above all, their main duty was to observe and film all aspects of life. And so the kinoks must closely observe their environments to see how aspects of life are interconnected. Kino-eye places the focus on filming things that either the human eye does not see because it cannot see it or that the human eye is so used to seeing it that it is overlooked because it no longer stands out. Because films created using kino-eye display different aspects of life, kinoks will go to various cities and then bring their films back together, so a kino-eye film is not just the work of one kinok, but a collaborative effort by many. In doing do, the kinoks hope to eradicate the culture of bourgeois films that use actors, theatrics, and constructed sets. It is also important that, while kino-eye filming is somewhat planned and organized, it is never scripted. Vertovâ⠂¬â„¢s filmShow MoreRelatedTechnical Obsession And Modernity Of Cinematic Reception5738 Words   |  23 PagesTechnical Obsession and Modernity of Cinematic Reception Case Study: The Man with the Movie Camera; The Artist This chapter conducts a comparative study of two films, The Man with the Movie Camera (Vertov, 1929) and The Artist (Hazanavicius, 2011), examining how they reflect cinematic technical developments of the 1920s-1930s. Director Dziga Vertov depicted one day in a Soviet city around ten years after the 1917 October Revolution, which had seen the Czar overthrown and the establishment of Lenin?s BolshevikRead MoreTheory of Montage in Pudovkin’s, Eisenstein’s and Vertov’s movie.1007 Words   |  5 Pagesmontage of the film. 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Separation of Mixtures free essay sample

Magnetism is only effective in insoluble substances. Examples of magnetic separation include the extraction of iron ore from surrounding silicate. Magnetic separation is also used to separate magnetic substances from waste water. Filtration is a technique that will separate a solid that has not yet dissolved in a liquid. Take a mixture of a solid and liquid and run it through a filter, the liquid will pass through the filter and you will be left with the sold. The filter has little holes in it that are small enough to only let liquid through. Filtration is not a technique to separate solids, separating solids like that is called sifting. Example of filtration includes your kidney. Kidneys use the same principals but with blood. Another example of filtration is when you make coffee. Making coffee includes the use of a coffee filter. Not that you can do different things with different filters. We will write a custom essay sample on Separation of Mixtures or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Extremely fine filters will separate grains of sand from water. Evaporation is the method of separating a substance with heat. Evaporation works when you take a substance, heat it up and let one of the components evaporate so you’re left with the residue which is the other component. In India, citizens would often boil saltwater to obtain salt. The problem with evaporation is that you can only get one component from the substance and it’s usually the one with the higher boiling point. Do not confuse evaporation with another separation method called distillation, distillation uses the same principals of evaporation, but it takes it to the next level and allows you to get multiple components. An everyday example of evaporation would include the process of clothes drying on a line; the water gets heated up and evaporates, leaving the dry cloth. Distillation, as I previously mention follows the same principals of evaporation but it allows you to extract both components. In evaporation, a substance is heated up and evaporates, leaving you with one component. In distillation, the component that is evaporated is captured and transferred in its gaseous state to another area; here it is condensed and converted into its liquid form. This procedure can be carried out with different temperatures and therefore you can extract different components. An example of distillation includes the extraction of different components of crude oil. For example kerosene, fuel oil, etc. Sifting follows the same principals of a filter, but it is used to separate solids from solids. A sifter is basically a filter but the holes are larger. The holes allow tiny solids like sand to pass and trap rock. Sifting is largely used in archeology. Sorting is self-explanatory, sorting is when you physically separate mechanical substances by hand, it is used most frequently in the modern world with solid mechanical substances, as filtering it, and distilling it and evaporating solids from each other don’t work. You could sift it but it’s inconsistent and isn’t the ideal way of separating the components. An example of sorting is at a recycling plant where non-recyclable items are extracted from recyclable ones. By: Gaurav Ranganath Feel Free To Ask and Give Me Feedback

Litter free essay sample

Have you ever thought about what happens to trash after you throw it away? Do you think It just vanishes or disappears? If you think it Just disappears then you are very wrong. Who knows, we might even be wading through piles of trash to get out of our houses In the near future. Trash Is something that you cant simply Ignore or be careless about. Everything that you throw away eventually comes right back at you.This litter problem is really concerning me, and I believe If I persuade you, you may gust agree with me and stop this problem. Littering Is a problem all across the earth and It Is only getting worse as people continue to buy and use products that dont easily decompose. Not all litter Is created equal, with some of It being unable to decompose. I feel that a greener New Zealand can start with one small step; pick up our rubbish, and start recycling. We will write a custom essay sample on Litter or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Litter Is also dangerous to the plants and animals.For example, young turtles swim into linked bottle wrapping while they are small, and hen suffocate when they grow larger because the wrapping gets too tight around their necks! Even a simple chip packet being thrown in to the sea may kill an innocent animal. Over a billion years ago, some say the earth was just a swirling space dust, others swear to their myth and legend, while the more scientific amongst us, others believe in a combination of science and religion. The earth was most peaceful, no technology, no machinery, sky scrapers, hazardous gases etc. Then man was made ND litter was invented. Do you want a healthy country for your community? I know I do! So if we work to stop this problem maybe it will soon resolve. Now that you know what It does and where it comes from, what about cleaning it up? If you make it, then you should do something about it. So you see, trash is the gift that just keeps giving. Unless you want plastic with your next serving of fish, you better think twice about tossing that plastic bag onto the ground. You are what you eat, after all. Yours sincerely,

English 104 Essays - Writing, Online Chat, Essay, Free Essays

English 104 Essays - Writing, Online Chat, Essay, Free Essays English 104 August 29, 2016 The Essay "The essay is a valuable, even powerful technology that has particular affordances in helping us promote communicative ability, dialogue and critical thinking." This quote from Dr. Adam Banks encapsulat es the essence of an essay in the context of academic writing. Essays are highly potent writing tools as the y allow ideas and thoughts to be widely disseminated with ease ; logically presenting facts and postulating ideologies that serve to educate and inform readers. The ability to compose a well writte n essay is even more invaluable now in a technological age where shorthand, instant messaging and one hundred and forty character posts are dominant and content and c oherence are secondary. As such , u sing essays as the yardstick against which students' communication is measured is even more effective and i mportant than it has ever been. However, the reach and applicability of an essay in the context of the present ma y not be what it once was. Primarily, this generation is one in which speed and quantity, not quality , a r e valued . This is evident give n the rise of instant messaging apps which allow the sharing of information in the shortest time possible. Social media sites such as Facebook and Twitter also pride themselves o n real time updates and constant information streaming. The output vi s ible in the resulting texts , tweets and posts by users is lacking in b oth comprehensibility and substance . The ideas expressed may be shallow and underdeveloped due to the limitations given for posting or messaging. Some may also feel the need to put out as much content as possible, reducing the time spent mulling over the topics being discussed , resulting in numerous insubstantial posts being put out . Additionally, communication attempts may be hindered by readers ' unfamiliar ity with the slang and shorthand used to combat the character limits which may exis t . Although currently, a majority of youth may understand this informal language, over time , after continued usage , this spills over into academic writi n g . Student lose the ability to express themselves in a universal language and begin to limit themselves to the colloquial expressions of their peers. As such, essay writing is of the utmost importance , as it forces students firs tly t o consider what they wish to express and how they would like to develop their ideas. From there , they are able to properly introduce the ir topic and expound / on what they are presenting in a structured manner which is palatable to and intelligible by all readers. In short, essays are the most way to ensure that students' output is sound and acces sible. By the same token, the applicability of essays at this moment in time should be considered . Information is rapidly consumed in short, ea sily digestible snippets. It ma y not be well expounded upon but it carries an easily r ecognizable main idea which reade rs may connect with and recognize immediately. This form of communication, while dissimilar, is extremely effective and has an extremely wide audience as the consumption is much more effortless. In conclusion, the essay is just as a relevant a standard in academia as it has always been . While social media allows communication on a global stage, essay writing train s writers to make logical and arguments as well as measures their ability to do the same . However, as the world continues to advance through technology , the appeal of extended writing such as essays has diminished . Therefore, academia should retain essays as its means of measurement while being mindful that essay writing may no longer be the zenith of communication .

Antitrust practices Essay Example

Antitrust practices Essay Example Antitrust practices Essay Antitrust practices Essay Antimonopoly patterns are patterns carried on by concerns that end up destructing perfect competition in the market. Antitrust Torahs are Torahs prepared to seek and advance healthy market competition by forestalling anti-competitive patterns by companies. Some of the illegal patterns that constitute to antimonopoly behaviour include corporate amalgamations. monopolies and monetary value repair confederacies ( Bailey. 2010 ) . The Clayton Act of 1914 was passed by the U. S Congress. It was an antimonopoly jurisprudence that was amended to halt and forestall patterns that led to unhealthy competition in the market. The Clayton Act was amended in order to complement an earlier version of the antimonopoly jurisprudence referred to as the Sherman antimonopoly Act of 1980. This was a federal jurisprudence that sought to forestall patterns that were harmful to consumers such as trusts. monopolies and other unjust concern patterns ( California Association of REALTORS. 2005 ) . Google Company One of the recent houses to be investigated for antimonopoly behaviour is Google Company that leads the online seeking industry. Harmonizing to Weiss ( 2014 ) . the house late was being investigated by Competition Commission of India ( CCI ) for claims that it abused its laterality in the on-line hunt engine industry by chiefly advancing its ain services over those of its challengers. This ground is considered to make unhealthy competition in the concern as the hunt engine company dominates its challengers in what is considered about a monopolistic market. Antimonopoly behaviour brings about both monetary and non-pecuniary costs. Since it amendss healthy competition in the market. monopolies can ensue and this has inauspicious effects to the monetary values of trade goods. The merchandises end up going dearly-won and expensive for the clients and. hence. impacting the society negatively ( Bailey. 2010 ) . On the other manus. antimonopoly behaviour leads to the end product of merchand ises falling below the market competitory degree and this is chiefly witnessed in monopolistic markets. Then once more. the antimonopoly patterns can be dearly-won for any company that has engaged in them since if probes prove that the company is guilty of the said Acts of the Apostless so heavy punishments can be imposed on them. Furthermore. this can destroy the repute of any company and. hence. stoping up losing its clients ( Bailey. 2010 ) . Monopolies and Oligopolies Monopolies and oligopolies are non ever good for the society. Their presence in any market merely means they have all the power to command the monetary values of their merchandises and services. This is non favourable to the clients since monetary values can ever travel up any clip particularly when the demand for certain trade goods is high. One good illustration of an oligopoly is the Coca Cola and Pepsi Companies. These are the world’s largest drink companies and demand for their merchandises is neer diminishing. However. these two companies represent a market with few providers while the consumers are many. They have all the power to order their products’ monetary values and the consumers have no power whatsoever ( Hovenkamp. 2011 ) . On the other manus. some authorities monopolies can be considered good to the members of the society. Many authoritiess in the current universe control the production and supply of electricity and other signifiers of energy. This is ut ile because the authoritiess aim at supplying such services to the citizens at low-cost monetary values and across the states. It is the duty of the authorities to heighten substructure development in the state and. hence. running such sectors of the economic system can be good to consumers. Decision In decision. it is of import to indicate out that antimonopoly patterns are unwanted behaviours since they destroy healthy competition among concerns. However. the jurisprudence is rigorous on companies that engage in these patterns and heavy punishments can be imposed on them. Antimonopoly patterns include monetary value repair. corporate amalgamations and creative activity of monopolies ( Reeves. 2010 ) .

Research Paper On Stem Cell Research Legislation And The Related Legal

On Stem Cell Legislation And The Related Legal Issues - Research Paper Example The issue of stem cell research legislation came to the scene in late 1998 when researchers realized the isolation of human embryonic stem cells. This discovery was done by Dr. James Thomson and it gave an immense promise for new means of disease treatment. Today scientists are finding news ways of using these stem cells in repairing worn out tissues. The history of stem cells research involves human stem cells as well as animal stem cells. The stem cells are usually found in the embryos like in adult creatures. In November, 1998, James Thomson who discovered the stem cells isolated cells from the internal cell mass of early embryos and went on to build up the initial stem cell lines. At the same time, germ cells were derived from cells in fetal gonadal tissue by John Hopkins. They were referred to as primordial germ cells. It is from both stem cells and the primordial germ cells that pluripotent cells were developed. In human cell research, a blastocyst which came from in vitro fert ilization was used. In 2000 funding of such research was allowed by President Clinton but only from cells of aborted human fetus. However later president Bush allowed it on existing human embryonic stem cell lines as noted by Furcht, Hoffman and Reeve (2011). How It Compare To Comparable Statutes in the Rest of the World The argument of using the embryo for stem cell research is becoming a worldwide concern, varying from country to country. However, some parts of the world seem to be on board in relation to stem cell research and its great role appears to be making a difference. The research is also getting backed up with government financing and grants. In China, there is the StemCells China which connects people all around the Globe with active stem cell treatment centers in country. The stem cell therapy and umbilical cord stem cells are relatively unestablished in the west and have experienced a long history. Doctors treating patients in these centers have come across hundreds o f cerebral palsy. Most of the genetic disorders react well to umbilical cord cells as well as cord blood cells. In Australia there is the Australia Stem centre and the embryonic stem cells are acquired from embryos from eggs fertilized through the in vitro fertilization procedures in the clinics. From this the spare embryos not needed during implantation are used and donated for purpose of research only with consent from donors. However in Australia it is illegal to conduct research from naturally conceived embryos thus these cells are not derived from fertilized eggs within the woman’s body. This is because of the fact that embryos are not particularly created for research functions. There has been a wide range of views on human embryonic stem cell research in world. The increasing case of those against embryonic stem cell research is based on the idea that it is destructive to human embryo according to Lanza (2004). For instance, for those who perceive a fertilized egg as a live consider the research pure misery. Other countries consider it as group of cells with the possibility of becoming a human but not an actual human and in this case stem cell research is encouraged. However there seems to be global agreement to the issue of stem cell research particularly its significant contribution to the society thus making many countries support it according to Kelly (2007). As a result there is