To What Political Party Did Abraham Lincoln Belong?

Barack Obama is a Democrat. Most people know this. What many people may not know is that the man Mr. Obama looks to for the most political (and now presidential) inspiration and guidance was a…. Republican!

That’s right. Barack Obama’s hero, Abraham Lincoln, was a Republican. Lincoln wasn’t just any ole Republican either. He was among the founders of the Republican Party and was the first Republican to be elected President.

The Republican Party was founded in 1854 in Ripon, Wisconsin. Its principal goal was to stop the expansion of slavery into the western territories. Lincoln had been involved with the Whig Party, which was disintegrating due, in large part, to sectional rivalries. Since Lincoln was personally opposed to slavery, he found the Republican Party platform much to his liking.

The first Republican to run for President was John C. Fremont, and that was in 1856. But Fremont’s appeal was largely regional, and he was defeated by James Buchanan. By 1860, however, things would be different.

Before Lincoln ran for President in 1860, he campaigned in his home state of Illinois for the US Senate. Back then, senators were chosen by their state legislatures. Lincoln was the Republican nominee for Senate, but since the Republican Party was so new, he lost. Nevertheless, the series of debates Lincoln had with Democratic Party opponent Stephen Douglas aroused great interest in the country.

Lincoln followed by his Senate campaign with a series of pamphlets and speeches that captured the nation’s attention. He became one of the leading voices against the expansion of slavery, and, in 1860, emerged as the Republican nominee for President.

While the appeal of the Republican Party was still regional (at the time, the Northeast), the entire nation was split regionally at this point. There were, in fact, four candidates for President that year, including Lincoln’s former Senate campaign rival, Stephen Douglas. None of the candidates received a majority of the popular vote, but the population advantage in the Northeast gave Lincoln an Electoral College majority – making him the 16th President of the United States and the first President to be a Republican.

What is Due Process? Basic Rights and Fundamental Fairness

You may hear the phrase “due process” in the media whenever a prominent criminal case is in the news, but where does it come from and what does it really mean?

Where is Due Process Found

Due process is a constitutional principle that our government must follow before it may take a person’s freedom or property. The 5th Amendment states, “nor shall any person be subject for the same offense to be twice guarantees due process from the federal government, stating no person shall “be deprived of life, liberty, or property, without due process of law.” The states are required to provide due process because the 14th Amendment states, “Nor shall any state deprive any person of life, liberty, or property, without due process of law.”

What is Due Process

A simple definition means due process requires notice and an opportunity to be heard before adverse action is taken against you. In criminal cases examples of due process include the need for probable cause to arrest someone and that a criminal defendant is presumed innocent until proven guilty by an impartial judge or jury. Due process does not just exist in a criminal trial, any time a person’s property interest may be taken due process protections also apply.

The courts have ruled that possessions such as a government issued license and even civil service jobs are property, which may only be revoked after a hearing. A quasi governmental organization like a homeowner’s association is also subject to due process requirements. If a homeowner’s association wants to fine a resident for bylaw violations such as excessive noise or because their house paint is the wrong color a hearing must first be held where the resident is given the opportunity to be heard.

Fundamental Rights

In addition to the “procedural due process” rights described above, which governs how the government must act, the constitution also guarantees “substantive due process” rights. While substantive due process is sometimes a difficult concept, it basically means that there are certain rights we hold to be so fundamental in our society that laws attempting to restrict them may be deemed to be unconstitutional. These “substantive rights” are considered to be so fundamental that they enjoy protection even if they are not explicitly mentioned in the Constitution. Even if procedural due process is followed in enacting and enforcing the law a substantive right “vetoes” the law.

Right to Privacy

The federal Constitution does not contain a right to privacy, but the courts have ruled that it exists. Our substantive due process right to privacy is the reason that the Supreme Court has prohibited the federal and state governments from enacting laws that completely restrict an adult’s choice to have an abortion, buy contraceptives or engage in consensual sex. The substantive due process right to marry has formed the basis for striking down laws prohibiting interracial marriage nationwide and gay marriage in Massachusetts. In Goodridge v. Massachusetts Department of Public Health the state Supreme Court ruled that excluding gay couples from marrying “is incompatible with the constitutional principles of respect for individual autonomy and equality under law.”

There are many variations and applications of due process. At the core, however, is something to which we can all relate – due process embodies the notion that there are certain basic rights and fundamental freedoms we enjoy as individuals within our society, whether they are explicitly stated or not.

What Are the Different Features of Complaint Letter Sample?

Need for drafting a complaint: There are many scenarios in which you may be required to lodge a complaint against any individual or an organization. Such scenarios may arise when you receive a poor quality product or there is any deficiency in the services of the service provider. It is quite possible that you are harassed by a government employ on one pretext or the other. In such situations, you would need to send a complaint letter to a representative of the company or the concerned government department.

How to use a complaint letter sample: When you need to draft a complaint you can take the help of a complaint letter sample. It would be separated into relevant sections such as address and designation of the person to whom you are sending the letter, subject and salutation etc. You would find that it would be available in different formats which are suitable for different departments such as commercial organizations and government offices.

In such a complaint letter sample, you may even find some sample text with necessary space for entering the name of the company, product or service name, date and cash receipt number etc. You can change the relevant text easily and fill out the details which are related to you. Use of email is not advised as there are dedicated customer care executives or secretaries in every company who are given the responsibility to handle the emails. In this way, you way get entangled in the red tape and resolution of your complaint may take some time.

Where to find the samples: You can find such a sample at number of websites. It is quite possible that you find a sample which caters exactly to your requirements. All you would need to do is to make the necessary entries and your work would be done in a matter of minutes. Do take care to address the letter correctly so that it has maximum effectiveness.

Insurance In Tort Laws

INTRODUCTION

This project has been an eye opener for me. It is extremely relevant to the modern times and as the future of India we should understand that it is the common mass that runs the country. Consumer protection rights are an important issue in modern days. The law can be effectively used to stop any abuse of the common people especially illiterate masses who do not understand the rules and regulations which is to be followed while buying particular item. It is law, the controller of the entire society which can stop this abuse from taking place. It can place effective standards guiding a product’s genuinity and the proper verification of its price. No extra taxes should be issued according to the seller’s wish. I have proceeded by referring to the books written by Avtar Singh, Venkat Rao and others. It has been a wonderful and educational delight in going about this topic and making a project which is of greatest importance in the present day scenario.

DEFINITION OF CONSUMER

The words “consumer”, “consumed”, “consumption” is all cognate, and when one is defined, the contents of the definition go into all of them wherever they occur in the same act.

Section 2 of the act wherein ‘consumer’ is defined. According to him, the definition of the consumer will not take a client who engaged the advocate for professional services.

Consumer means any person who-

– Buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system or deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly promised or under any system of deferred payment when such use is made with the approval of the person, but does not include a person who obtains such goods for resale or for any commercial purpose

– Hires or avails of any services for a consideration which has been paid or promised or partly paid or partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for the consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial support

In Black’s Law Dictionary it is to mean:

One who consumes. Individuals who purchase, use, maintain or dispose of products and services. A member of that broad class of people who are influenced by pricing policies, financing practices, quality of goods and services, credit reporting debt collection and other trade practices for which the state and federal consumer laws are enacted.

OBJECTVES OF THE ACT

The act is dedicated, as its preamble shows, to provide for better protection of rights of consumers and for that purpose to make provisions for the establishment of consumer councils and other authorities for settlement of consumer disputes and for other connected matters. In the statement of objects, reasons it is said that and the act seeks to provide speedy and simple redressal to consumer disputes. Quasi judicial body machinery has been set up at the district, state and central levels. These quasi judicial bodies have to observe the principle of natural justice and have been empowered to give relief to a specific nature and to award, wherever appropriate, compensation to consumers. Penalties for non compliance of orders given by quasi judicial bodies have also been provided.

The object and purpose of rendering the act is to render simple, inexpensive and speedy remedy to consumers with complaints against defective goods and deficient services and for that quasi judicial machinery has been sought to be set up at the district, state and national levels. These quasi judicial bodies are required to apply the principle of natural justice and have been empowered to give relief of specific nature and appoint wherever necessary, compensation to consumers.

INSURANCE

An operational definition of insurance is that it is

– the benefit provided by a particular kind of indemnity contract, called an insurance policy;

– that is issued by one of several kinds of legal entities (stock company, mutual company, reciprocal, or Lloyd’s syndicate, for example), any of which may be called an insurer;

– in which the insurer promises to pay on behalf of or to indemnify another party, called a policyholder or insured;

– That protects the insured against loss caused by those perils subject to the indemnity in exchange for consideration known as an insurance premium.

The influence of insurance on the law of torts has been significant, both on theoretical level and on practice. Insurance has undermined one of the two main functions of awarding of damages, and it has in cast doubt on the value judgements made by the courts in determining which particular test of liability is appropriate in the given circumstances.

Regardless of whether in the particular circumstances the appropriate principle of liability is intention is malice, fault or strict liability, the purpose of common law damages remains the same. The primary purpose of an award of damages is to compensate the victim for his loss, with view to restoring him as near as possible to the position he would have been in but for the tort of the wrongdoer. But damages have another: by making the wrongdoer responsible for meeting an award of damages, the courts are trying to deter others from committing similar tortuous wrongs.

Insurance vitiates the secondary purpose of damages, at the same time incidentally ensuring that the primary purpose is more often achieved.

It can scarcely be realistically asserted that insured defendants are deterred by the prospect of losing no-claims bonus or by increasing of premium on renewal of their policies. Once it is conceded that insurance renders compensation for the sole purpose of damages but then the tort action itself becomes vulnerable to attack, for there are many ways-some perhaps fairer and administratively cheaper than tort- of compensating a victim for a loss he has suffered.

Prima facie, where a person suffers loss of recognized kind as the result of another’s act, then the latter should have to make good that loss. But for valid reasons, the courts have held that, in certain circumstances, the actor will have to compensate his victim only if he is at fault. The victim’s right to compensation is, therefore curtailed in an attempt to be fair to both the parties. The courts have made a policy decision that, in the circumstances, it is right to reward a defendant who has been careful by protecting him from liability for the consequences of his actions and that, as a corollary the plaintiff must forego his compensation. The policy decision is made on the supposition that the wrongdoer would himself have to pay for the damages but for this protection; it by no means follows that the same decision would be made if there were no risk of the wrongdoer having to provide the compensation.

It is difficult to judge the victim’s right to compensation should be curtailed when that curtailment is not justified by a corresponding benefit to the wrongdoer. The requirement of fault ceases to play its role as the leveler between the victim’s legitimate expectations and the wrongdoer’s legitimate expectations, and becomes simply a hurdle to the victim’s progress to compensation. If it is accepted that no one can insure against liability for harm caused by intentionally to another , then similar arguments can be made by the inappropriateness of the victim’s having, in certain circumstances to prove an intention to do him wrong or harm, when it is irrelevant to the wrongdoer whether he had such an intention or not.

Again the victim’s right to compensation is being curtailed without any corresponding benefit to the wrongdoer.

However, insurance has influenced the law of tort on a much more practical level as well. While the fact of insurance is not of itself a reason for imposing liability , there can be no doubt that it does add “a little extra tensile strength” to the chain which a wrongdoer to his responsibilities.

As well it has given new horizon to damages ; it is true that traditionally it was considered to inform the court that a defendant was insured , but “those days are long past” and now it is frequently openly recognized that the defendant would be insured.

The policy of insurance constitutes a contract of insurance between Life Insurance Corporation or a subsidiary of General Insurance Company of India, as the case may be, such services such has been undertaken to render under the contract of insurance. However as a rule, occasion to render services arise only when insured surrenders his policy, or the policy matures for payment or the insured dies or any other contingency which gives rise to render service occurs.

Breach of contract of insurance may give rise to a cause of action to file a civil suit, but such breach of contract may itself constitute deficiency in service, so as to give a cause of action to file a complaint under the consumer protection act for one such more relieves awardable hereunder.

Section 13(4) of the act vests in a redressal agency powers of the Civil Court, while trying a suit in respect of such matters as examination of witnesses on oath and production of documents. Declining to exercise jurisdiction in a case before it only because it involves examination and cross examination of facts, witnesses and production and consideration of documents would amount to abdication of its jurisdiction.

Such discretion can be exercised only when the gives rise to several issues and necessities taking of voluminous oral and documentary evidence, or otherwise involve complex questions of fact and law which cannot be decided in time bound proceedings under the consumer protection act.

MOTOR VEHICLE INSURANCE

Where the sale of a vehicle is complete, the title therein passes to the purchaser notwithstanding that his name has not been recorded in the R.C.Book. Such owner is entitled to get his vehicle insured and also to maintain a claim on the basis of such insurance. The earlier owner, who has lost insurable insurance on the sold vehicle, cannot advance a claim on the basis of policy of the said vehicle, earlier taken by him, on the ground that he is still the recorded owner of the said vehicle.

Section 157 of the motor vehicles act is only in respect of third party risks and provides that the certificate of insurance described therein shall be deemed to have been transferred in favour of the person to whom the motor vehicle is being transferred. It does not apply to other risks, if any, covered by the policy. If the transferee wants to avail the benefits of other risks covered by it, he has to enter into an agreement thereof with the investor.

FRAUD BY INSURER

If it is established that the discharge voucher was obtained by fraud, misrepresentation, undue influence or coercive bargaining or compelled by circumstances, the authority of the consumer forum may be justified in granting relief. Mere execution of the discharge voucher would not deprive the consumer of his claim in deficiency of service.

DELAY IN SETTLEMENT OF CLAIM

In Sarveshwar Rao v. National Insurance Company Ltd. , it was held that the delay of two or more years in settling the insurance claim would result in inadequacy in the quality, nature and manner of the service which the insurance company has undertaken to render, and amounts to deficiency in service.

In Delkon India Pvt. Ltd. V. The Oriental Insurance Company Ltd. . The National Commission has held that it was a deficiency of service to have delayed the claim by two years on the ground that the final police report was not coming.

INTERPRETATION OF TERMS

In Skandia Insurance Company v. Kokilaben Chandravadan , the honorable Supreme Court ruled that the exclusion terms of the insurance must be read with so as to serve the main purpose of the policy, which is to indemnify the damages caused to the vehicle.

CONDUCT OF THE INSURER

In Oriental Insurance Co. Ltd. V. Mayur Restaurant and bar , the conduct of the insurer was under question. The commission held that deficiency of the service was established on the part of the opposite party on two counts i)delay in settlement of claims and ii) unreasonable and un maintainable reasons for repudiating the claim of the complainant, and the compensation with the interest and cost was awarded.

SUICIDE BY THE ASSURED

In Life Insurance Corporation v Dharma Vir Anand, the national commission refused to hold the insurance commission liable as the insured committed suicide before the expiry of three years from the date of the policy.

BREACH OF TERMS

In B.V.Nagarjuna v Oriental Insurance Company Ltd., the terms of insurance contract permitted the insured vehicle to carry six passengers at a time but the driver allowed two more persons to get in. It was held that merely adding two more persons without the knowledge of the driver did not amount to indemnification by the insurance company.

NOMINEE’S RIGHTS

In Jagdish Prakash Dagar v. Life Insurance Corporation , it was held that a nominee under a policy of life insurance will be a consumer within the meaning of section 2(1) (d) of the Consumer Protection Act. The commission held that the nominee could legislatively maintain an action against deficiency raised in service by the arbitrary decision of the insurer.

REPUDIATION

Repudiation is defined as the renunciation of a contract (which holds a repudiator liable to be sued for breach of contract, and entitles the repudiatee on accepting the repudiation to treat the contract as at an end

This concept of repudiation is needed in the concept of insurance. The concept of repudiation will be dealt hereto a number of times and to provide beneficiary evidence, the definition has been given.

Unilateral repudiation of its liability, under the contact of by the life insurance corporation or an insurance company does not, by itself oust the jurisdiction of a redressal agency, to go into the sustainability of such repudiation, on facts and in law and to decide and to adjudicate if, in the facts of the case, it amounts to deficiency in service or unfair trade practice, and if so, to award to the aggrieved person, such relief or reliefs under Section 14(1) of the said Act as he or she is entitled to. The fact that before such repudiation it obtained a report from a surveyor or surveyors also does not oust the jurisdiction of a redressal agents to into the merits of such repudiation, for otherwise in each case the corporation or such company, and deprived the aggrieved person of the cheap and expeditious remedy under the consumer protection act.

Where, however the corporation or the company conducts thorough investigations into the facts which have given rise to claim and other associated facts, and repudiates the claims in good faith after exercise with due care and proper application of mind, the redressal agency should decline to go into the merits of such repudiation and leave the aggrieved person to resort to the regular remedy of a suit in a civil court.

The law does not require the life insurance corporation or an insurance company to accept every claim good or bad, true or false, but it does require the corporation or the company to make a thorough investigation into such claim and to take decisions on it, in good faith, after exercise of due care and proper application of mind and where it does so it renders the service required by it and cannot be charged with deficiencies in service, even if, in the ultimate analysis, such decisions is wrong on the facts and in law and the redressal agency would be disinclined to substitute its own judgement in the place of the judgement of the corporation or insurance company.

The question as to whether repudiation of its liability does or does not amount to deficiency in service would depend upon the facts of each case.

Where a cheque sent towards a premium is dishonoured by the drawee bank and consequently the policy is cancelled or it lapses or the injured dies before the proposal is accepted and contract of insurance results, no claim can be founded in such a policy, which was cancelled or has since lapsed, or a contract of insurance, which did not materialize at all. Repudiation of such claim can never amount to deficiency in service.

Insurance agent is not entitled to collect premium on behalf of the corporation. Where an insured issues a bearer cheque towards premium and hands it over the insurance agent who encashes it, but does not deposit the premium with the corporation event till the expiry of the grace period and consequently the policy lapses and meanwhile the insured also dies, his nominee has to blame himself or herself for the indiscretion of the insured and cannot blame or fault the corporation.

BASIC PRINCIPLES OF INSURANCE

There are some basic principles concerning the topic of Consumer Protection Law and Insurance.

– Settlement of insurance claim is service, default or negligence therein is deficiency of that service

In the case of Shri Umedilal Agarwal v. United India Assurance Co. Ltd, the National Commission observed as under:

“We find no merit in the contention put forward by the insurance company that a complaint relating to the failure on the part of the insurer to the settle the claim of the insured within a reasonable time and the prayer for the grant of compensation in respect of such delay will not within the jurisdiction of the redressal forums constituted under the consumer protection act.

The provision of facilities in connection with insurance has been specifically included within the scope of the expression “service” by the definition of the said word contained in section 2(i) (o) of the act. Our attention was invited by Mr. Malhotra, learned counsel for the insurance company to the decision of the Queen’s Bench in national transit co. ltd. V. customs and central excise commissioners . The observations contained in the said judgement relating to the scope of the expression insurance occurring in the schedule of the enactment referred to therein are of no assistance to all of us in this case because the context in which that expression is used in the English enactment considered in that case is completely different. Having regard to the philosophy of the consumer protection act and its avowed object of providing cheap and speedy redressal to customers affected by the failure on the part of persons providing service for a consideration, we do not find it possible to hold that the settlement of insurance claims will not be covered by the expression insurance occurring in section 2(1)(d).Whenever there is a fault of negligence that will constitute a deficiency in the service on the part of the insurance company and it will perfectly open to the concerned aggrieved customer to approach the Redressal Forums under the act seeking appropriate relief.”

– L.I.C. Agent has no authority in collecting the premium

The supreme court held that under regulation 8(4) of life insurance corporation of India (agents) regulation, 1972 which had acquired the status of life insurance corporation agents rules with effect from January 31, 1981, which were also published in the gazette, LIC agents were specifically prohibited from collecting premium on behalf of LIC and that in view thereof an inference of implied authority cannot also be raised.

– Rejection of claim as false after full investigation

The national commission held as follows:

” from the facts disclosed by the record and particularly averments contained in the consumer affidavit filed by the first respondent it is seen that the insurance company had fully investigated into the claims put forward by the complainant that his claim was rejected. Thus it is not a case where the insurance company did not take a prompt and immediate option for deciding the claims against the insurance company. Having regards to the facts and circumstances of this case and the nature of the controversy between the parties we consider that this is a matter that should be adjudicated before a civil court where the complainant as well as the respondent will have ample opportunities to examine witnesses at length, take out the commission for local inspections etc. and have an elaborate trial of the case.”

– Unilateral reduction in the insurance amount.

The national commission held that the insurance company is not entitled to make a unilateral reduction of Rs. 4, 29,771 from Rs. 30, 12,549 at which its own surveyor assessed the loss.

– Mere repudiation does not render the complaint not maintainable.

The national commission overruled the objection of the insurance company that merely because the insurer had totally repudiated its liability in respect of the claim, no proceedings could validly be initiated by the insured under the consumer protection act.

– Mere unilateral repudiation does not oust the jurisdiction.

The national commission held that merely because the insurer has repudiated the insurance claim under the policy unilaterally, it is difficult to hold that the various redressal forums constituted under the consumer protection act, 1986 will have no jurisdiction to deal with the matter that if such a contention of the insurance company can get a report from the surveyors, repudiate the claim and oust the jurisdiction of the redressal forums, that the redressal forums are, therefore, bound to see whether or not the repudiation was made in good faith on valid and justifiable grounds that if the surveyor or surveyors choose to submit the wrong report and the insurance company repudiates the claims without applying its mind then the repudiation cannot be said to be justified that the report of the surveyor will show that the investigations have been proper, fair and thorough and that it has to be remembered that the surveyors bread comes from the employer.

– Mere unilateral repudiation no ground to oust jurisdiction.

The national commission repelled the objection and observed as under:

“Ordinarily a remedy is available to a consumer in Civil Court but mere repudiation of claim arising out of policy of insurance under section 45 of the insurance act, 1938, cannot take away the jurisdiction of the redressal forum constituted under the act. The avowed object of the act is to provide cheap, speedy and efficacious remedy to the consumers and it is with this object that section 3 of the act lies down as follows:

3. Act not in derogation of the provisions of any other law: – the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.”

The national commission overruled the objection in the view of repudiation of contract of insurance by the corporation; the redressal agencies under the act cannot entertain the claim of the insured and reiterated the law laid down by it in the Divisional Manager, Life insurance Corporation of India, Andhra Pradesh v. Shri Bhavnam Srinivas Reddy.

– Removal of insured goods on attachment no theft.

It was ruled in the stated case that attachment of certain items of insured Machinery and goods by the bailiff of a civil court, though later found to be illegal and consequent removal did not amount to theft and or house breaking by force so as to entitle the insured to prefer a claim under the policy.

– When repudiation amounts to deficiency and when it does not?

The national has held:

In M/s Rajdeep Leasing and Finance and others v. New India Assurance Company Limited and others –

That rejection of the claim by the insurance company after examining and considering the two separate survey reports from qualified surveyors and three legal opinions from different oriental counsels could not be said to constitute a deficiency in service so as to give a rise in the cause of action for a complaint under the consumer protection act.

In Oriental Insurance Co. Ltd. V Modern Industries Ltd. , the national commission has held that where the cover note inter alia mentions that the risk is subject to the usual terms and conditions of the standard policy, it is equally the responsibility of the complainant to call for these terms and conditions even if they are not sent by the insurance company, as alleged, to understand the extent of risk covered under the policy and associated aspects.

In Life Insurance Corporation of India v. Dr. Sampooran Singh

The complainant had taken out an insurance policy of 40,000 rupees in 1982, for the purpose of payment of estate duty on his only residential house in chandigarh in the event of his death and paid 5 premia, but with the abolition of estate duty on one residential house owner in 1985, the policy became inoperative due to the act of the state and not due to any deficiency on the part of the corporation any dispute between the parties as to the amount payable there under cannot be construed as deficiency in service on part of the corporation.

In LIC of India v M/s Kanchan Murlidhar Akkalwar

The complainant applied to the opposite party for housing loan, and on the advice of the latter, she took two LIC policies, one for Rs. 90000 and the other for Rs. 20000 entered into an agreement for the purchase of the house with the house with the owner on the advice of the opposite party obtained a fire policy for Rs. 2 lakhs. The opposite party advised the complainant to obtain a release deed from the zilla parishad co operative society in respect of the she proposed to purchase with a certificate that the said plot is not mortgaged therein. The complainant got a certificate from the Maharashtra government that the vendor had re paid the housing loan and interest thereon due to Zilla Parishad Krishi Karmachari Sehakari Gribe Narman Sanstha and that there was nothing outstanding from him towards loan amount or interest. Still the opposite party did not release the loan. On these facts the national commission by its majority judgement observed that:

“We have carefully gone through the records and heard the counsel. Clause 1 (c) of the loan offer letter clearly states that the advance of the loan is subject to the property being free from encumbrances to the satisfaction of the insurance company and a good and marketable title. At the same time it appears that the respondent-complainant had to go through a number of steps, although necessary, having financial implications and causing mental and physical stress to her and at the end of all of which she was told that no dues certificate given by the maharashtra government in respect of the prospective seller of the property in question, was not “release of mortgage” certificate that was obtained. The respondent complainant perhaps also had in her mind the case of Mr. Vaishempayam who got the loan under similar circumstances. Thus the evasion petition is disposed of as above.”

CONCLUSION

This project topic is increasingly beneficial in the modern times with the consumer protection rights being redressed with due care. It is being advertised in the mass media in our country. The slogan which our consumer is using is: “JAGO GRAHAK JAGO”. The time has come to realize the ideal market situation in which the buyers are not persuaded or coerced falsely into buying items which are of no use to them at all. Besides the relationship between buyer and seller should not be damaged at any cost. The relationship between the buyer and seller is said to be a fiduciary relationship and the trust between them should remain intact. A time has come in which the customer should get his proper position in the market conditions. He has to have proper knowledge about what is going on in the market and the concerned prices and the supply and the different other practices referred to.

Insurance is a very sensitive issue in the modern times. People are being hoodwinked into signing up in companies which are turning out to be frauds in the true sense of the term. This project has been an eye opener to me and I have come to realize the importance of the consumer protection act and insurance.

Applying For a Government Job – How to Nail Your Cover Letter For Positions With Selection Criteria

Applying for a government job is a bit like doing a jigsaw puzzle. It’s sometimes difficult to work out how to fit the pieces together to create the right picture. Many organizations require you to complete a Cover Form or Application Form, so do you need to supply a cover letter as well?

YES, you do!

This is because a cover letter provides another opportunity to ‘sell’ yourself. It provides the chance to highlight your achievements and show the employer how your experience and skills can help them to achieve their goals.

Here’s an easy step-by-step guide for writing a cover letter for a role that includes selection criteria:

  1. Put the job title and vacancy reference number under the date in bold, e.g. Re position: Customer Service Officer (A03) VRN: 335/06.
  2. Find out the name of the person who will be reading your application and personally address your letter, checking that you have the correct spelling and title. (If you don’t know the person’s name, use ‘Good morning’ as the greeting rather than the deadly dull ‘Dear Sir or Madam’.)
  3. In the first paragraph state where and when you saw the advertisement, the reason for the letter and what you are including in your application. e.g. I wish to apply for the position of ‘Customer Service Officer’ as advertised on the Careerone website on 25 August 2009.
  4. In the second paragraph, state what you are including in your application. e.g. To support my application, I have included my responses to the selection criteria, a copy of my résumé and three referees who can vouch for my work performance.
  5. In the third paragraph, refer to your qualifications, skills and experience to explain how you match the requirements of the position. e.g. I hold a Diploma of Frontline Management and have five years’ experience in customer service roles.
  6. In this paragraph, include a few of your key achievements and use a quote from ‘secret sales documents like appraisals and written references to build credibility and ‘sell’ your claims. e.g. I am confident that I have the skills and experience to be an asset in this role. In my last appraisal, my manager states: ‘Mary has built strong relationships with our clients, resulting in a 43{512b763ef340c1c7e529c41476c7e03bc66d8daea696e1162822661d30dde056} increase in sales.’
  7. Finish with a strong close, as if you expect to be selected for an interview. e.g. I look forward to discussing this position with you in an interview.
  8. For hard copy applications, personally sign your letter and type your name below your signature. For online applications, you can use a different font to indicate you’ve signed your letter or use a digital signature.
  9. Add ‘enc.’ at the bottom of your letter. This means ‘enclosure’ and is used if you are adding other documentation such as a résumé and selection criteria statement.
  10. Proofread for errors in spelling, grammar, typos, phone numbers, email addresses, postal addresses, job titles, and so on. Your application must be 100{512b763ef340c1c7e529c41476c7e03bc66d8daea696e1162822661d30dde056} error- free.
  11. Keep the letter to one page in length.

How Has Mythology Shaped Society?

From the dawn of time, people from all countries have invented their own deities and myths. These legends were often handed down from one generation to the next, until the invention of the written word. Once the written word was invented, it was far easier for people to keep record of their deities and the many heroes that went on quests, and mythology involved into something far more interesting and personal for all societies. Gods gained their own personalities and agendas, heroes went off on epic quests, and from the mind of the authors, entire worlds were invented. Myth and legend had been tied in to life back in the days of yore, and to this day, it still plays a very important role in society.

The days of the week are in fact named after the Norse gods, each of whom had a day dedicated to them, even though there are not many people today who are aware of it. The creatures that modern society has come to love, such as dragons, werewolves, faeries and even vampires all originated from multiple legends and myths. Mythology has also played a role in politics and even some of the spoken phrases that we use. Many video games and movies owe their back stories to creatures or figures that have come straight out of ancient texts.

Religion even sprang forth from legends. People needed to believe that there was someone, some omnipotent beings, that created the world and everything within it. Therefore, the gods were born. Our modern religions all have very close similarities to the deities invented by ancient cultures. Though it has evolved in the same manner that all thoughts and dreams do, our religions all contain somewhat modern twists on ancient mythology.

We have even named our vehicles, some of our cities, planets, plants, animals and a few bodies of water after mythological creatures or deities. Pets are commonly named after mythological gods, and that trend has also began to affect how we name our children. Even some of our more commonly used words such as “satire” are simply re-spellings of words taken out of mythological texts. Some musicians include mythological references in their song lyrics or titles, and we still teach ancient religion in school. Though most people probably do not realize it, society is actually very heavily influenced by ancient society and the legends that were created and passed down for thousands of years.

The Importance of Cosmetic Surgery

Cosmetic surgery is one of the most beneficial and crucially medical procedures in the world. This is giving somebody a second chance to look normal or gain their normalcy and in many cases to be more beautiful. People have the choice to get rid of that their birth feature and get a new look. The society has changed and accepted the fact that one can undergo physical makeover.

Millions of people all over the world have discovered these new procedure, most of them have permanent damages to some parts of their bodies. With the realization of this procure; it gives them hope to know that they can get a life changing experience. Physical deformities can affect somebody psychological and even emotionally. Some traditional societies tend to separate those children or adults who have been born with certain abnormalities on their bodies; they become outcasts in a society. It is a similar case in modern societies, which strives for perfection, people with abnormality somehow feel out of place. For such people, the chance to get a new and better look is a life changing opportunity.

They feel confident, reborn and can enjoy life to the fullest. In short, the surgery can work wonders whether you want to get a tummy tuck or undergo a breast argumentation or having a facelift. The cosmetic surgery industry has contributed a lot economically by providing jobs for health practitioners to helping underprovided in poor countries through the provision of free medical treatments. Another importance of the surgery is that provides indirect employment for persons working in pharmaceutical companies around the world.

It is important to consult a surgeon before undertaking any cosmetic surgery. This is because one needs to get professional advice as well as a look at your past medical history to avoid any complications that might arise in the future. This will also make you feel comfortable when undergoing the surgery.

Cosmetic surgery is something that should be thought through carefully. If rushed, complications could occur. You can easily Google “facial surgery” or any type of surgery and find pictures of surgeries gone wrong. Make sure to always consult with your doctor for a lengthy amount of time before jumping in. The doctor should be able to give you brochures, pamphlets, and even references of people who were happy with their surgery. If he’s a great doctor, he’ll even give you names and numbers of those who weren’t so happy with the service, whether it be that they didn’t like the final outcome, or maybe it was just way too expensive for what they received.

New Government Accounting System In The Philippines (NGAS)

Introduction

Accounting is an effective tool of management in evaluating the performance of the different agencies of government. The performance of the public managers would depend at most, on financial reports generated by the use of accounting systems.

Cognizant of this need, a new accounting system needs to be developed that would help the different agencies to hit on financial targets, and at the same time be understood by all users of financial reports.

With this new development, the Commission on Audit (COA), under the new 1987 Constitution, promulgated the New Government Accounting System in the Philippines (NGAs) for use by all government agencies.

The shift to NGAs was made in response to the following need:

1. Adoption of an accounting system that is in conformity with the International Accounting Standards.

2. Computerization of the accounting systems to generate reports that will be easy to understand by the general public.

3. Preparation of regular and routinary financial reports.

4. The use of the generated financial reports as tools of management in decision making.

Government Accounting – Defined

Under Section 109, of the Presidential Decree (PD) no. 1445, defines Government Accounting as one that encompasses the process of analyzing, classifying, summarizing and communicating all transactions that are involved in the receipt and disbursement of all government funds and properties, and interpreting the results thereof. In pursuant to this definition, objectives were set to cover several areas in government operations.

Objectives of Government Accounting

1. To produce relevant financial information about past and present transactions of government.

2. To serve as basis for decision making for future operations

3. To serve as the control mechanism for the receipt, disposition and utilization of government funds and properties

4. To come up with financial reports pertaining to the results of operations of various government agencies that are for dissemination to the public.

Summation

The need for timely preparation of financial reports in government is necessary to evaluate the performance of the different agencies of government. The result of the reports would indicate the areas that may still need improvement, as well as come up with the budgetary requirements for these agencies if needed.

Public officers are managers of funds, that are entrusted to them by the national government. The financial reports would clearly show if the agencies are achieving what is mandated of them. These reports would also show the extent in the use of agency assets and resources, as well as the need for additional infusion of funds if required

The accounting data would show how the funds of government were used. This would also reveal the inflow and outflow of funds and the need for stiffer fund management and control, if necessary.

On Accounting Responsibility

This fiscal responsibility emanates from the Constitution and its governing laws, rules and promulgation. The mandate as prescribed under the said Constitution of the Philippines calls for the keeping of the general accounts, as well as the promulgation and submission of financial reports that would cover the operations of government.

The government officers that are mandated to discharge the above-stated Accounting responsibilities are the Commission on Audit (COA), the Department of Budget and Management (DBM) and the Bureau of Treasury (BTr) – to discharge the functions of government in consonance with its commitment to all Filipinos.

Nevada Drug Possession, Sale and Trafficking Laws

The impact for a drug conviction can be severe for misdemeanor and felony offenses in Nevada. With the widespread use of background checks, a conviction can shut many doors for future employment opportunities. Certain fields may be especially thorough with background checks and will disqualify individuals with drug convictions. This includes many healthcare fields, law enforcement agencies, and other government bodies. Given what is at stake, it is important to understand the Nevada drug laws, even if you are being represented by a defense attorney.

Currently, Nevada laws severely punish individuals arrested for possession, manufacturing, cultivation and trafficking of illegal drugs. Commonly used drugs in this list include cocaine, heroin, opium, LSD, ecstasy and a variety of other narcotics. Chapter 453 of the Nevada Controlled Substances Act defines the schedule of drugs, offenses and penalties in the state. Some of the defined offenses are:

  • NRS 453.316 – Maintaining a place for unlawful sale, gift or use of a controlled substance
  • NRS 453.321 – Offer, attempt, or commission of unauthorized acts relating to controlled substances
  • NRS 453.322 – Offer, attempt, or commission of manufacturing or compounding of controlled substances
  • NRS 453.331 – Distribution of controlled substances, use of unauthorized registration number and possession of signed blank prescription forms
  • NRS 453.333 – Second or subsequence offense for selling a controlled substance to a minor
  • NRS 453.336 – Unlawful possession not for purpose of sale
  • NRS 453.337 – Unlawful possession for sale of flunitrazepam (Rohypnol), gamma-hydroxybutyrate (GHB) and schedule I or II substances
  • NRS 453.338 – Unlawful possession for sale of schedule III, IV, or V substances
  • NRS 453.3385 – Trafficking in controlled substances Trafficking in controlled substances: Rohypnol, GHB, and schedule I substances (not including marijuana)
  • NRS 453.339 – Marijuana trafficking

Penalties for drug crimes in Nevada can vary, depending on the specific criminal offense, circumstances of the arrest, amount of illegal drugs involved, previous criminal history of the alleged offender, and strength of the defense or prosecution’s case. Under Nevada’s Controlled Substances act, the most common offenses may be punished as follows:

Drug Possession, Not For Sale

  • Class E Felony (1st or 2nd offense,schedule I, II, III, or IV) – 1 to 4 years in state prison or probation and/or up to $5,000 in fines
  • Class D Felony (3rd or subsequent offense, schedule I, II, III, or IV) – between 1 and 4 years in state prison and/or up to $5,000 in fines
  • Class E Felony (1st offense, schedule V) – between 1 and 4 years in prison or probation and/or fines up to $5,000
  • Class D Felony (2nd or subsequent offense, schedule V) – 1 to 4 years in Nevada state prison and/or up to $5,000 in fines

Unlawful Possession of Schedule I or II Drugs, Rohypnol, or GHB

  • 1st offense, category D felony – 1 to 4 years in state prison and/or up to $5,000 in fines
  • 2nd offense, category C felony – between 1 and 4 non-probational years in Nevada state prison and/or up to $10,000 of fines
  • 3rd or subsequent offense, category B felony – punishable by 3 to 15 non-probational years in state prison and/or a fine of up to $20,000 for each offense

Unlawful Possession for Sale of Schedule III, IV, or V Drugs

  • 1st and second offense, category D felony – punishable by 1 to 4 non-probational years in state prison and/or up to $10,000 in fines
  • 3rd or subsequent offense, category C felony – can be punished by 1 to 5 non-probational years in Nevada state prison and/or up to $10,000 in fines

Drug Trafficking (Schedule I)

  • Category B Felony (between 4 and 14 grams) – Punishable by 1 to 6 non-probational (mandatory prison) years in Nevada State Prison and/or up to $50,000 in fines
  • Category B Felony (between 14 and 28 grams) – Punishable by 2 to 15 non-probational (mandatory prison) years in Nevada State Prison and/or up to $100,000 in fines
  • Category A Felony (28 grams or more) – Punishable by 25 non-probational (mandatory prison) years to life and a fine of up to $500,000

However, Nevada has surprisingly moved to a certain level of acceptance regarding marijuana, along with many other states in the country. Nevada decriminalized the use of medical marijuana in 2001 when 65{512b763ef340c1c7e529c41476c7e03bc66d8daea696e1162822661d30dde056} of the state’s voters moved to amend the state’s constitution to recognize its legitimate use in a medical capacity. However, to remain in compliance with the state law, medical marijuana users must have documented permission from a physician.

Once registered with the Nevada Department of Health and Human Services: State Health Division, the individual can use, possess and grow marijuana to a certain extent (up to 1 ounce possession and up to 7 plants cultivated, only 3 of which can be mature). Note that Nevada has not decriminalized the use of marijuana for the general population like other states such as California, Connecticut and Mississippi have.

Currently there are several legal battles going on regarding the medical marijuana laws and how people can obtain medical marijuana. As the law stands today a person must produce their own medical marijuana to legally obtain medical marijuana. A person cannot get it from a centralized location like a dispensary. Additionally, even though the State of Nevada has approved the use of medical marijuana, the Federal government has not, and is starting to invoke Federal Law against those people using and growing medical marijuana. Be aware that even though you might be following State laws you can be arrested and convicted for violating Federal laws.

Possession of marijuana by non-approved medical users is still a serious criminal offense. Under Nevada’s Controlled Substances Act, possession of non-medical marijuana offense can result in the following punishments:

Possession of 1 Ounce or Less of Marijuana

  • 1st offense, misdemeanor – Fine up to $600 or drug abuse treatment examination
  • 2nd offense, misdemeanor – Fine up to $1000 or drug treatment/rehabilitation program
  • 3rd offense, gross misdemeanor – Up to 1 year in county jail and/or up to $2000 in fines
  • 4th or subsequent offense, category E felony – between 1 and 4 years in state prison or probation and/or a fine up to $5,000

It’s important to remember that an arrest for a drug-related crime does not necessarily mean a conviction will follow, regardless if the individual was charged with a misdemeanor or felony offense. If you have a defense attorney experienced in Nevada drug cases, he or she can use many of the details surrounding the case to your benefit. This can include improper search and investigation procedure, lack of probable cause to make a stop (in cases of vehicular arrests), constitutional right violations, competency of witnesses, and other miscellaneous facts.

Pleading guilty to a drug crime does not necessarily mean the defendant will receive a lighter sentence. Many individuals facing this situation also find it beneficial to retain an attorney from the moment of arrest, regardless of their state of innocence. Prosecution and law enforcement officials do not have the best interests of the accused in mind and details may be overlooked in their pursuit of justice. It is in your best interest to consult with a Nevada defense attorney about your legal options.