...UNIFORM CIVIL CODE AND ROLE OF INDIAN JUDICIARY CONCEPT AND MEANING OF UNIFORM CIVIL CODE The expression ‘Uniform Civil Code (UCC)’ consists of three terms- ‘Uniform’, ‘Civil’, ‘Code’. The word ‘Uniform’ means one and the same in all circumstances whatsoever; the term ‘Civil’ has been derived from the latin word ‘Civils’ meaning citizen when used as an adjective to the term ‘law’, it means pertaining to the private rights and remedies of a citizen, as distinguished criminal, political, etc. The word ‘Code’ is derived from the Latin word ‘Codex’ which means a book. Therefore, the term ‘Civil Code’ is read in conjunction with the adjective ‘Uniform’ it connotes a code which shall be uniformly applicable to all citizens irrespective of their religion, race, sex, caste and creed. Uniform Civil Code, therefore, generally refers to that part of law which deals with family affairs of an individual and denotes uniform law for all citizens, irrespective of his/her religion, caste or tribe. UNIFORM CIVIL CODE AND INDIAN CONSTITUTION Article 44 of the Constitution of India requires the state to secure for the citizens of India a Uniform Civil Code throughout the territory of India. India is a unique blend and merger of codified personal laws of Hindus, Christians, Parsis and to some extent of laws of Muslims. However, there exists no uniform family related law in a single statutory book for all Indians which are universally acceptable to all religious communities who co-exist...
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...Uniform Civil Code for India: Prospects and Constraint The need for a Uniform Civil code in India has been discussed and argued several times and it still remains one of the most controversial issues remarked in our Constitution. The uniform civil code would mean the codification of laws pertaining to all citizens, be they Hindus, Muslims or Christians. But now in India personal laws are the main cause of communal conflict among people. It is also intimately connected to the issue of gender justice. The present paper describes personal laws in India, the issues of uniform civil code and gender justice from a human rights point of view. KEYWORDS: India, Personal Laws, Uniform Civil Code, Gender Justice Introduction India is a secular state, world’s largest democracy and second most populous country (1,205,073,612 in 2012) emerged as a major power in the 1990s'. It is militarily strong, has major cultural influence and a fast-growing and powerful economy. With its many languages, cultures and religions, India is highly diverse. This is also reflected in its federal political system, whereby power is shared between the central government and 28 states. Religions not only have been serving as the foundation of the culture of India, but have had enormous effect on Indian politics and society. In India, religion is a way of life. It is an integral part of the entire Indian tradition. A vast majority of Indians, (over 93%) associate themselves with a religion. According to the...
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...A SPECIAL ISSUE ON INDIA The Uniform Civil Code Debate in Indian Law: New Developments and Changing Agenda By Werner Menski ∗ A. Introduction: What Happens if One Asks for the Moon? Postcolonial India’s modernist ambition to have a Uniform Civil Code, impressively written into Article 44 of the Indian Constitution of 1950 as a nonjusticiable Directive Principle of State Policy, concerns not just an Indian problem but a universal predicament for lawyers and legal systems. What is the relationship between personal status laws and general state-made laws? To what extent should the formal law allow for, or seek to restrain, the legal implications of religious and socio-cultural diversity? To what extent does a state, whether secular or not, actually have power and legitimacy to decree and enforce legal uniformity? There are many more agendas at play here than simply the central issue of legal authority, focused on the power of the law, or simply “religion” v. “law”, or “culture” v. “law”, as we are often still led to believe. I present here the recent developments in India’s law relating to the much-debated Uniform Civil Code agenda to illustrate that Indian law today increasingly turns its back on supposedly European or “Western” models, and has been developing its own country-specific and situation-sensitive methods of handling complex sociolegal issues. This may contain some important lessons for European lawyers, specifically in terms of managing cultural diversity through...
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...Legal Environment of Business LLAW-110 Dr. Tareq Tawil Assignment #1: Comparison: CISG vs. UCC Horeya El Bakry SSN: 1499 Introduction Article 2 of the Uniform Commercial Code (UCC) and the Contracts for the International Sale of Goods (CISG) both talk about the offers of products, and a few progressions they affected in that division. These two understandings not being laws, here and there they can have disagreements with national laws of a particular nation in regards to exchanging, and possibly not disagreement but rather simply a few distinctions. For instance when the UCC was initially dispatched in the United States of America in all its 50 expresses (1952), all the states acknowledged the progressions that would accompany UCC in regards to exchanging laws between these states aside from the condition of Louisiana, as the Civil law of the state was negating with the regular law. CISG was dispatched in 1980 amid a United Nations gathering in Vienna, and it was settled upon by specialists that if worldwide exchanging laws between nations would change to what the CISG brought to the table, this would spare awesome expenses and troubles that go about as hindrances in front of universal exchanging, and more than 80 nations today apply the terms settled upon in the CISG. Differences between UCC and CISG One of the differences in the middle of UCC and CISG is the territory of purview. UCC is an interstate law, applies to the greater part of the states in the USA...
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..._______________________ CHAPTER 3 _______________________ HOLDERS IN DUE COURSE I. ACQUIRING HOLDER IN DUE COURSE STATUS If you remember the rule that a holder in due course takes free of most of the defenses the parties to the original transaction have against one another, it is easy to see why it is important to determine if the person currently possessing the instrument qualifies as a holder in due course. The basic definition is found in §3-302(a), which you should read carefully. Official Comment 4 to §3-302 makes it clear that the payee can qualify as a holder in due course in some rare situations. Normally, the payee is so involved in the underlying transaction that he or she has notice of problems affecting payment obligations, and thus cannot be a holder in due course. But the examples given in Official Comment 4 describe fact patterns where the payee is innocent of such knowledge and can therefore qualify for the protection given to holders in due course. See also Eldon’s Super Fresh Stores, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 296 Minn. 130, 207 N.W.2d 282, 12 U.C.C. Rep. Serv. 490 (1973), for an example of the payee as a holder in due course. 35 36 3. Holders in Due Course Subsection (c) gives a list of extraordinary transactions — creditors seizing instruments by judicial process, the sale of an inventoried business (a ‘‘bulk transaction’’), or the appointment of the administrator of an estate containing negotiable instruments — in which...
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...Social Media James H. Allen Professor Sergio Gregorio Business Law 100 9 March, 2014 As the prevalence of social media continues to rise consumers are recognizing ways in which social media can direct them to better sources of purchasing. As a result, business are now jumping on the social media bandwagon at a higher than ever pace, embracing social networks to achieve their marketing and business goals. So what are the components of legally astute media marketing managers who use media outlets for consumer transactions? What are the alternative dispute resolutions available and which one would work best? Since consumer transactions can occur across state lines how can the federal government best control these transactions? Which branch of government can effectuate the most significant impact on regulating consumer transactions? Does agency relationship exist on social media sites between the social media provider and the business that utilizes the site for advertising? These are a few questions to be discussed about the social media giant Facebook. What are the four components of a legally astute social media marketing manager? According to (Bagley 2013) “They are a set of value-laden attitudes about the importance of law to the firms success, a proactive approach to the legal issues and regulations, the ability to exercise informed judgment when managing the legal aspects of business, lastly, context-specific knowledge of the law and the appropriate...
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...The Uniform Commercial Code (UCC) is a "code" or a "collection of statutes." This is the type of law that may be adopted by all U.S. legislatures, including the U.S. Congress, the Virginia General Assembly, other state legislatures, and even a county board of supervisors. Codes are intended by the legislature to create new law in the targeted subject areas. The other source of law is "case law" or "common law." For centuries, courts have been in the business of resolving disputes. The "Uniform Commercial Code" is a model. It is not law in any state unless and until a state legislature adopts it as the law of that state. Any state can decide not to adopt the UCC or can decide to make revisions to the code that satisfies that state’s particular heritage or commercial needs. Also, each state’s court system can reach different results when interpreting the code provisions. Accordingly, the UCC is not entirely uniform in all 50 states and despite this the UCC has facilitated much greater uniformity of commercial laws. The Uniform Commercial Code Article 2 on the Sale of Goods is basically a codification of existing commercial law. The UCC drafters tried to write down the generally understood business practices between merchants for the sale of goods. The UCC "fills in the gaps.” Types of contracts covered by the UCC The UCC concerns a wide variety of commercial issues, including: the sale of goods; the lease of goods; banking and security interests such as commercial paper negotiable...
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...day. * Global Reach: Groupon features a daily deal on the best stuff to do, see, eat, and buy in 48 countries, and soon beyond (read: Space). We have about 10,000 employees working across our Chicago headquarters, a growing office in Palo Alto, CA, local markets throughout North America and regional offices in Europe, Latin America, Asia and around the world. * Interactivity: Since the payment information is saved with the Groupon account you can just tap on a deal to purchase it. The app will give you a scannable barcode that the shop offering the deal can read using the Groupon NOW app. * Personalization and customization: Groupon personalizes “deals” for users who supply some information about themselves, such as their zip code, gender and age, and it will make sure you see the deals most relevant to you. * Information density: Groupon now share with the user many promotions according to the place, so the user can compare options and select the one he likes more. * Richness: If the user finds a deal he or she likes, that person “buys” the deal online via Groupon. The user can print the voucher or bring it up to display on a mobile device. 2. What value does this service provide subscribing merchants? What value does it provide customers? SUBSCRIBING MERCHANTS * A deal in Groupon becomes available only if a certain number of people sign up for a specific daily Groupon offer. If the predetermined minimum is not met, no one gets the deal that day...
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...Strategies for Managing Surplus funds * Keith v Smith says the financial manager can consider a series of seven strategies for handling the excess cash balance with the firm: * 1. Do nothing : the financial manager simply allows surplus liquidity to accumulate in the current account. * This strategy enhances liquidity at the expense of profits that could be earned from investing in surplus funds. * 2. Make an adhoc investment: the FM makes investments in some what adhoc manner . * Such a strategy makes some contribution, though not optimal contribution to profitability with out impairing the liquidity of the firm. * It is followed by the firms which cannot devote enough time and resources to management of securities. * 3. Ride on yield curve: this is a strategy to increase the yield from a portfolio of marketable securities by betting on the interest rate changes. * If the financial manager expects that interest rates will fall in the near future, he would buy longer term securities as they appreciate more, compared to shorter term securities. * On the other hand , if the FM believes that the interest rates will rise in the near future, he would sell longer term securities. This strategy hinges on the assumption that the FM has superior interest rate forecasting ability. * Empherical evidence, however suggests that it may be futile to try to do better than average. The expected higher return is almost invariably accompanied by higher...
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...Performance of the Sales Contract 1. No. The fact that the driver refused to let Sarah inspect the car before receiving a certified check for the balance due, and then unloaded the car and gave Sarah the title to the car after receiving the check, suggests that the parties agreed that Sarah was not entitled to inspect the car before payment against documents of title. 2. Assuming that Sarah was not entitled to the inspection of the car before payment and that she discovered the scratches and lack of basic features such as the CD player when receiving the car, she could have rejected the car without payment arguing that the non-conformity was obvious even without inspection. Now, if Sarah noticed the non-conformity when inspecting the car after the carrier left, she still could have demanded the dealer to provide a car meeting the contract terms arguing that the payment before inspection did not constitute acceptance of the car or deprived her from inspecting the car or pursuing remedies against the dealer. 3. The fact that Sarah discovered that the car had the tendency to stall and took it in numerous occasions to the dealer for repair, indicates that she decided to keep the car. Sarah still has the right to revoke her acceptance arguing that a car that stalls and have to be restarted in a traffic light has a serious problem and therefore represents a very low value. She also can argue that dealer has failed to fix the problem despite the numerous unsuccessful...
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...Accessions: means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost. Account: a right to payment of a monetary obligation, whether or not earned by performance, (A) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, (B) for services rendered or to be rendered, (C) for a policy of insurance issued or to be issued, (D) for a secondary obligation incurred or to be incurred, (E) for energy provided or to be provided, (F) for the use or hire of a vessel under a charter or other contract, (G) arising out of the use of a credit or charge card or information contained on or for use with the card, or (H) as winnings in a lottery or other game of chance operated or sponsored by a State, governmental unit of a State, or person licensed or authorized to operate the game by a State or governmental unit of a State or (ii) any credit device account. The term includes health-care-insurance receivables. The term does not include (i) rights to payment evidenced by chattel paper or an instrument, (ii) commercial tort claims, (iii) deposit accounts, (iv) investment property, (v) letter-of-credit rights or letters of credit, or (vi) rights to payment for money or funds advanced or sold, other than rights arising out of (A) the use of a credit or charge card or information contained on or for use with the card or (B) a credit device account. Account debtor: a person...
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...Week 3 Assignment 1 ------------------------------------------------- Top of Form Bottom of Form If you are using the Blackboard Mobile Learn App, please click "View in Browser". Click the link above to submit your assignment. Students, please view the "Submit a Clickable Rubric Assignment" in the Student Center. Instructors, training on how to grade is within the Instructor Center. Assignment 1 "Branches of Government" Create a flowchart of the three branches of government and associate two (2) Uniform Commercial Code (UCC) clauses for each branch of government. Designate the relationships among the governmental branches. In an accompanying document, exemplify the types of powers of each branch of government and include these items: * Taxing and spending powers * Limits on both federal and state governmental actions * Due process * Equal protection In a three to four (3-4) page flowchart, include the following: 1. Organize all three (3) branches of government in a flowchart format. 2. Designate two (2) UCC clauses that align with each branch. 3. Illustrate the interactivity among the branches of government in the flowchart. 4. In a separate document, exemplify the types of powers of each branch of government. Your assignment must follow these formatting requirements: * Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific...
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...ББК81.2 Англ-9 П15 ПРЕДИСЛОВИЕ Пособие «Business English» предназначено для широкого круга лиц, активно использующих английский язык в коммерческой деятельности, требующей знаний иностранного языка. Оно может быть использовано как составная часть стабильного учебного материала в учебных заведениях деловой ориентации, на курсах и в кружках по изучению делового английского языка, а также для целей дистанционного обучения. Применение пособия предполагает знание нормативной грамматики и наличие лексического запаса в объеме 1500-2000 лексических единиц. Цель пособия - представить образцы ведения переписки и переговоров по широкому кругу актуальной коммерческой тематики и обеспечить ее усвоение. Тематика включает следующее: 1. Контракт купли-продажи, его заключение, выполнение. 2. Выполнение проектной документации, контракт на ее подготовку и продажу. 3. Поставка товара и оборудования. 4. Командирование специалистов за рубеж по контракту. 5. Торговые операции через агентские фирмы, участие в торгах. 6. Продажа лицензий, франчайзинг. 7. Строительство крупных объектов, а также строительство на условиях «под ключ». 8. Формы сотрудничества типа консорциум. 9. Транспортные операции. 10. Претензии, арбитраж. Тематический принцип построения пособия дает возможность использовать его как цельное учебное пособие, так и для выборочного изучения нужной тематики. Структура. Пособие включает 11 тематических разделов, список письменных штампов, используемых в переписке, англо-русский и русско-английский...
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...LAW AS ANCILLARY SCIENCE TO HISTORY NAPOLEONIC CIVIL CODE The longest lasting effect of Napoleon Bonaparte's rule over France was his overseeing the implementation of a series of national laws collectively known as the Civil Code, or Code Napoleon. The principal tenet of the Civil Code was that every French person was equal before the law. In 1804, Napoléon I appointed a commission of four persons to undertake the task of compiling the Napoleonic Code. Their efforts, along withthose of J. J. Cambacérès, were instrumental in the preparation of the final draft. The Napoleonic Code assimilated the private law of France, which was the law governing transactions and relationships between individuals. The Code, which is regarded by some commentators as the first modern counterpart to roman law, is currently in effect in France in an amended form. The Napoleonic Code is a revised version of the Roman law or civillaw, which predominated in Europe, with numerous Frenchmodifications, some of which were based on the Germanic law that had been in effect in northern France. The code draws upon the Institutesof the Roman Corpus Juris Civilis for its categories of the civil law: property rights, such as licenses; the acquisition of property, such astrusts; and personal status, such as legitimacy of birth. One century later, after many new codes have been promulgated throughout the world, and while the movement of law reform is still accelerating...
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...credit accomplish their purpose by substituting the credit of the bank for that of the customer, for the purpose of facilitating trade. There are basically two types: commercial and standby. The commercial letter of credit is the primary payment mechanism for a transaction, whereas the standby letter of credit is a secondary payment mechanism. Commercial letters of credit have been used for centuries to facilitate payment in international trade. Their use will continue to increase as the global economy evolves. Letters of credit used in international transactions are governed by the International Chamber of Commerce Uniform Customs and Practice for Documentary Credits. The general provisions and definitions of the International Chamber of Commerce are binding on all parties. Domestic collections in the United States are governed by the Uniform Commercial Code. A commercial letter of credit is a contractual agreement between a bank, known as the issuing bank, on behalf of one of its customers, authorizing another bank, known as the advising or confirming bank, to make payment to the beneficiary. The issuing bank, on the request of its customer, opens the letter of credit. The issuing bank makes a commitment to honor drawings made under the credit. The beneficiary is normally the provider of goods and/or services. Essentially, the issuing bank replaces the bank's customer as the payor. The beneficiary is entitled to payment as long as he can provide the documentary evidence required...
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