Wednesday, May 20, 2020

Biography of Humphry Davy, Prominent English Chemist

Sir Humphry Davy (December 17, 1778–May 29, 1829) was a British chemist and inventor who was best known for his contributions to the discoveries of chlorine, iodine, and many other chemical substances. He also invented the Davy lamp, a lighting device that greatly improved safety for coal miners, and the carbon arc, an early version of the electric light. Fast Facts: Sir Humphry Davy Known For: Scientific discoveries and inventionsBorn: December 17, 1778 in  Penzance,  Cornwall, EnglandParents: Robert Davy, Grace Millet DavyDied: May 29, 1829 in Geneva, SwitzerlandPublished Works: Researches, Chemical and Philosophical, Elements of Chemical PhilosophyAwards and Honors: Knight and baronetSpouse: Jane ApreeceNotable Quote: Nothing is so dangerous to the progress of the human mind than to assume that our views of science are ultimate, that there are no mysteries in nature, that our triumphs are complete and that there are no new worlds to conquer. Early Life Humphry Davy was born on December 17, 1778, in  Penzance,  Cornwall, England. He was the eldest of five children of parents who owned a small, less-than-prosperous farm. His father Robert Davy was also a woodcarver. Young Davy was educated locally and was described as an exuberant, affectionate, popular boy, intelligent and having a lively imagination. He was fond of writing poems, sketching, making fireworks, fishing, shooting, and collecting minerals; he was said to wander with one of his pockets filled with fishing tackle and the other overflowing with mineral specimens. His father died in 1794, leaving his wife, Grace Millet Davy, and the rest of the family heavily in debt because of his failed mining investments. The death of his father changed Davy’s life, making him determined to help his mother by quickly making something of himself.  Davy was apprenticed to a surgeon and apothecary a year later, and he hoped eventually to qualify for a medical career, but he also educated himself in other subjects, including theology, philosophy, languages, and the sciences, including chemistry. About this time he also met Gregory Watt, son of the famous Scottish inventor James Watt, and Davies Gilbert, who allowed Davy to use a library and chemical laboratory. Davy began his own experiments, mainly with gases. Early Career Davy began preparing (and inhaling) nitrous oxide, known as laughing gas, and carried out a series of experiments that almost killed him and may have damaged his long-term health. He recommended that the gas be used as anesthesia for surgical procedures, though it was half a century later before nitrous oxide would be used to save lives. An article Davy wrote on heat and light impressed Dr. Thomas Beddoes, an eminent English physician and scientific writer who had founded the Pneumatic Institution in Bristol, where he experimented with the use of gases in medical treatment. Davy joined Beddoes institution in 1798, and at age 19 he became its chemical superintendent. While there he explored oxides, nitrogen, and ammonia. He published his findings in the 1800 book Researches, Chemical and Philosophical, which attracted recognition in the field. In 1801, Davy was appointed to the Royal Institution in London, first as a lecturer and then as a professor of chemistry. His lectures became so popular that admirers would line up for blocks to attend them. He had earned a professorship five years after reading his first chemistry book. Later Career Davy’s attention turned to electrochemistry, which became possible in 1800 with Alessandro Voltas invention of the voltaic pile, the first electric battery. He concluded that the production of electricity in simple  electrolytic cells  resulted from chemical action between substances of opposite charges. He reasoned that  electrolysis, or the interaction of electric currents with chemical compounds, offered a way to decompose substances to their elements for further study. In addition to using electrical power to conduct experiments and isolate elements, Davy invented the carbon arc, an early version of the electric light that produced light in the arc between two carbon rods. It didnt become economically practical until the cost of producing the power supply became reasonable years later. His work led to discoveries regarding sodium and potassium and the discovery of boron. He also figured out why chlorine serves as a bleaching agent. Davy did research for the Society for Preventing Accidents in Coal Mines, leading to his 1815 invention of a lamp that was safe to use in mines. Named the Davy lamp in his honor, it consisted of a wick lamp whose flame was enclosed by a mesh screen. The screen allowed for the mining of deep coal seams despite the presence of methane and other flammable gases by dissipating the flames heat and inhibiting ignition of  the gases. Later Life and Death Davy was knighted in 1812 and was made a baronet in 1818 for contributions to his country and to mankind; especially the Davy lamp. In between, he married rich widow and socialite Jane Apreece. He became president of the Royal Society of London in 1820 and was a founding Fellow of the Zoological Society of London in 1826. Beginning in 1827, his health began to decline. Davy died at Geneva, Switzerland, on May 29, 1829, at age 50. Legacy In Davys honor, the Royal Society has awarded the Davy Medal annually since 1877 â€Å"for an outstandingly important recent discovery in any branch of chemistry.† Davys work served as a guide and inspiration encouraging many to study chemistry, physics and other fields of science, including Michael Faraday, his lab assistant. Faraday became famous in his own right for his contributions to the study of electromagnetism and electrochemistry. It has been said that Faraday was Davys greatest discovery. He also was known as one of the greatest exponents of the  scientific method, a mathematical and experimental technique employed in the  sciences, specifically in the construction and testing of a  scientific hypothesis. Sources Sir Humphrey Davy: British Chemist. Encyclopedia Britannica.Sir Humphry Davy Biography. Enotes.com.Humphry Davy Biography. Biography.com.Humphry Davy. Sciencehistory.org.Humphry Davy. Famousscientists.org.

Monday, May 18, 2020

Freedom of Speech and Internet - Free Essay Example

Sample details Pages: 8 Words: 2432 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Level High school Tags: Freedom Essay Did you like this example? Freedom of Speech and Internet Background and context The right to freedom of speech expression and to hold opinions without interference is one of the fundamental rights guaranteed by most of the constitutions of the world including India and America. Presence of free, uncensored and unhindered Internet and press are essential to ensure freedom of speech and expression. à ¢Ã¢â€š ¬Ã…“Unlike any other medium the Internet facilitated the ability of individuals to seek, receive and impart information and ideas of all kinds instantaneously and inexpensively across national borders. Don’t waste time! Our writers will create an original "Freedom of Speech and Internet" essay for you Create order By vastly expanding the capacity of individuals to enjoy their right to freedom of opinion and expression, which is an à ¢Ã¢â€š ¬Ã‹Å"enablerà ¢Ã¢â€š ¬Ã¢â€ž ¢ of other human rights, the Internet boosts economic, social and political development, and contributes to the progress of humankind as a whole . à ¢Ã¢â€š ¬Ã‚ [1] The right to access theInternet might appear to be less significant in comparison to other basic human rights, such as the right to life and equality before the law. The Universal Declaration of Human Rights also includes the right to education and the right to work, which largely depend on Internet access. Estonia, Greece, France and Finland have recognizedInternetaccess as a basic human right in accordance with the United Nations recommendation. It is in the above context and background; my paper aims to draw out the most important questions with regard to Internet regulation and its impact on the freedom of speech. Do governments have any right to control a nd regulate the availability and the content of internet ? What we can do to address the downside of the Internet? Present Global Status The Internet has become so much a part of our lives that it is very difficult to imagine a life without it. We use internet for communication, learning, trade and commerce, accessing news, entertainment, gaming, socializing and for many other information purposes. It is a cheap global platform for exchanging views , opinions and dissemination of information in real time . Internetà ¢Ã¢â€š ¬Ã‹Å"s main power comes from the fact that it can be used for all kind of media à ¢Ã¢â€š ¬Ã¢â‚¬Å" text, audio and video. Unrestricted internet is breaking the barriers among people and making people closer to each other. à ¢Ã¢â€š ¬Ã…“The Internet has changed the way we communicate, work and play, It has affected the way we live and earn , participate and protest .à ¢Ã¢â€š ¬Ã‚ [2] The Internetà ¢Ã¢â€š ¬Ã¢â€ž ¢s main services include: the world wide web , e-mail , discussion groups , newsgroups and mailing lists , social website like Facebook, Googleplus, Twitter, YouTube ,Skype and cheap or free direct on-line communication . Traditional media such as newspapers and radio stations have also gone à ¢Ã¢â€š ¬Ã‹Å"onlineà ¢Ã¢â€š ¬Ã¢â€ž ¢, and made Internet more influential. Each of these services can be used in different ways to distribute and access legal as well as illegal and harmful material giving rise to different legal and policing implications. The power of easy , cheap and global reach of internet has made it a good medium for carrying out illegal and undesirable activities .This illegal and harmful useof internet has made it controversial and given rise to many legal, technical and structural problems. Activities like gaining personal information by way of deception, spreading of defamatory or illegal material, providing unsuitable material to young children, violations of copyright laws, stealing confidential detai ls on computer, the interception of credit card details, fraudulentwebsitesand the spreading ofviruseshave become very common. Drug traffickers are also increasingly taking advantage of the Internet to sell their products through encrypted e-mail Hackers from Pakistan and China have penetrated our computer systems of CBI , PMO ,NSG, and even the computers of army officers. Internet as a medium of communication is certainly at a risk of losing its credibility. à ¢Ã¢â€š ¬Ã…“With the rise of the Internet the opportunities to express one has grown exponentially. But so have the challenges to freedom of expression.à ¢Ã¢â€š ¬Ã‚ [3] Many countries are censoring the Internet in order to prevent and eliminate illegal activities described above. Some governments also censor the Internet to make sure people cannot access anti-establishment views. Saudi Arabia, North Korea, China and Iran are among the biggest offenders in blocking their citizens access to the Internet. à ¢Ã¢â€š ¬Ã…“ Global Internet freedom has been in decline for the past three years.à ¢Ã¢â€š ¬Ã‚ [4] This isnt just the case in nations under authoritarian governments, either. Americas rating worsened by five points this year, to 17 on a scale of zero to 100, with zero being completely free.à ¢Ã¢â€š ¬Ã‚ [5] China has people dedicated to monitoring content. North Korea regulates Internet very heavily as the domestic Internet users are served by a sole provider with limited access to the global Internet. China claims that it censors only websites that encourage violence or terrorism. But human rights organizations have reported that the China actively engages in censorship and repressive activities. Although guaranteed by the First Amendment to the Constitution, attempts are being made in America also to restrict exercise the freedom of speech through Internet. Maximum numbers of requests to block content by Google are being received from America only. Congress has been debating many bills t o monitor and filter internet content for stopping piracy and preventing abuse of intellectual property rights. à ¢Ã¢â€š ¬Ã…“The main intention behind each of these bills may be good à ¢Ã¢â€š ¬Ã¢â‚¬  to protect against online piracy and cyber attacks à ¢Ã¢â€š ¬Ã¢â‚¬  but they all give government far too much control over what can and cannot be said online, opening the door to greater restrictions. Censorship is not the way to fight piracy or protect against threats to security or privacy.à ¢Ã¢â€š ¬Ã‚  [6] . On the other hand, most of the Americans want Internet to remain uncensored and free. President Obama has in favor of a free and open Internet. Upheld the principle of net neutrality by classifying the Internet as a public utility. This would prevent Internet service providers from blocking access to websites, slowing down content or providing paid fast lanes for Internet service.[7] Internet censorship in India India will have 302 million Internet users by Dece mber 2014 and will overtake the United States to become the second largest user country only behind China.[8] Presently, access to Internet is concentrated in urban areas but is gradually spreading to rural India .In India, the Information Technology (IT) Act, 2000 provides a legal framework to regulate Internet use. The amended Act criminalizes the publishing of obscene information online and grants police powers to search any premises without a warrant and arrest individuals if found violating the provisions of this Act. The Act requires search engines and social-networking sites to remove content within 36 hours if an individual complains that it is offensive. A lot of debate and discussion is taking place regarding the extent and limits of freedom of expression online. Removing content that is obscene or otherwise objectionable, or that endangers public order or national security has become very common.à ¢Ã¢â€š ¬Ã‚ India engages in selective Internet filtering in the pol itical, conflict/security, and social areas. However, Indias selective censorship of blogs and other content, often under the guise of security, have also been met with significant opposition. The government has also been criticized for a poor understanding of the technical feasibility of censorship and for haphazardly choosing which Web sites to block.à ¢Ã¢â€š ¬Ã‚ [9] à ¢Ã¢â€š ¬Ã…“Since the  Mumbai bombings of 2008, the Indian authorities have stepped up Internet surveillance and pressure on technical service providers, while publicly rejecting accusations of censorship. The national security policy of the worlds biggest democracy is undermining freedom of expression and the protection of Internet users personal data.à ¢Ã¢â€š ¬Ã‚ [10] Amendments made to the Information Technology Act (ITA) in 2008 expanded the governments censorship and monitoring capabilities. Many Internet users have faced prosecution for online postings. The companies hosting the web content are n ow obliged by law to hand over user information to the authorities. Section 66A of the Act, prohibits the sending of offensive messages à ¢Ã¢â€š ¬Ã‹Å"causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.à ¢Ã¢â€š ¬Ã¢â€ž ¢ During the last five-six years the government has been imposing more and more restrictions on the use and the provision of internet services. In 2009, the Supreme Court ruled that bloggers and moderators can face libel suits and even criminal prosecution for comments posted on their websites. Internet companies have also faced several civil lawsuits over content deemed religiously offensive or defamatory. These cases have increased fears among IT firms that they are vulnerable to frivolous legal action and could be held liable for not removing content posted by users. Indian Telegraph Act in has also been amended to allow interception of messages on grounds other than national security. Prior judicial approval for communications interception is not required. Governments have the power to issue directives on interception, monitoring, and decryption. All licensed ISPs are obliged by law to sign an agreement that allows Indian government authorities to access user data. In the light ofa series of arrestsmade under Section 66A of the Information Technology Act, 2000, a writ petition was filed seeking to strike down Section 66A as unconstitutional. It was contended that it violates the Freedom of Speech guaranteed under Article 19(1)(a) of the Constitution , does not meet the test of à ¢Ã¢â€š ¬Ã‹Å"reasonablenessà ¢Ã¢â€š ¬Ã¢â€ž ¢ laid down under Article 19(2) and is violative of Articles 14 (Right to Equality) and Art 21 of the Constitution . [11] The Supreme Court directed issuing and compliance of some procedural safeguards against arrest till the final outcome of the case. A Central Advisory was therefore issued by the government suggesting that arrests ought not be made in a case registered under S. 66-A of IT Act, 2000 unless such arrests are approved by a senior police officer . Many more petitions were filed challenging Sec 66A of IT Act by Mouthshut.com[12], Dilipkumar Tulsidas Shah [13], Common Cause [14], Rajeev Chandrashekhar [15], and Peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s Union for Civil Liberties [16] . Several substantial questions of law have been raised in these petitions having far-reaching implications on Indian technology law and the freedom of speech .The main arguments raised by the petitioners in these petitions is that the restrictions on free speech specified under the IT Act exceed those specified in Article 19(2) of the Indian Constitution and the Intermediaries Guidelines Rules contain ambiguous provisions. The Supreme Court has bunched together all these petitions and a decision is awaited. In present-day India, the future of Internet freedom appears bleak.[17] From the deliberate interruptions of mobile and Internet serv ices to limit unrest during rioting in the Northeast to picking up individualsà ¢Ã¢â€š ¬Ã¢â‚¬ a professor in West Bengal, a cartoonist in Mumbaià ¢Ã¢â€š ¬Ã¢â‚¬ the stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s iron fist is everywhere.[18] The government had also ordered Google and Facebook to block many specific items said to contain objectionable religious comments and pictures. Internet access was restricted in Jammu and Kashmir when Mohammed Afzal Guru was executed. A Central Monitoring System has been set up to monitor phone calls, text messages, emails, social media conversations and online searches in real time. On November 11 , 2014 the government has asked the internet service companies to block pornography sites and upgrade their systems to ensure this .[19] Both the authoritarian and democratic governments are curtailing freedom on the Net by à ¢Ã¢â€š ¬Ã…“newer laws, regulations and directives to restrict online speechà ¢Ã¢â€š ¬Ã‚ . [20] In India the web content filtering requests are coming from government authorities as well as fom private individuals through court cases . Even journalists like Burkha Dutt of NDTV are doing things which undermine the right of freedom of expression. A blogger was forced to remove the critical content accusing her of engaging in sensationalism and irresponsibly airing information about the movements of security forces when Dutt and NDTV threatened to seek punitive measures against the blogger through the courts. The Internet operates on an international basis but our laws operate on a territorial basis. Many of the legal issues surrounding the Internet are global in nature. Material on the Internet is held worldwide but can be accessed worldwide. Very little web material is held locally. Therefore India is actively raising the matters of Internet governance at UN level. Conclusion The Internet has undoubtedly posed new challenges for us. Privacy, the à ¢Ã¢â€š ¬Ã…“Internet of Things,à ¢Ã¢â€š ¬Ã‚  and net neutrali ty are challenging governments around the world and international organizations .The new possibilities for free speech provided by the Internet have been used for many objectionable and illegal activities. Before attacking Internet censorship, one must understand the limitations of freedom of speech.Freedom of speech cannot be made an absolute right. . Some amount of regulation cannot be considered as an infringement upon peoples rights as the internet does have undesirable content not fit for public viewing due to many reasons. The government isnt being unreasonable by censoring the internet as it is merely doing its duty by protecting its people from potential danger. Law makers have a duty to pass laws and develop systems to address the issue of cybercrimes. Similarly our courts have a duty to protect our right to freedom of speech and balance the conflicting public and private rights and interests. The restrictions imposed must be reasonable and in public interest in all case s and not for political or other gains .We must make it sure that in our efforts to make the Internet safer, we are not eroding the freedom of speech guaranteed by the constitution. [1] F La Rue,Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Report to the Human Rights Council, 17thsession, UN Doc A/HRC/17/27 (2011), p 19. [2] Prof. Wolfgang Benedek and Dr Matthias C. Kettemann , From the extracts available online of Freedom of expression and the Internet (2014), ISBN 978-92-871-7702-5 [3] Prof. Wolfgang Benedek and Dr Matthias C. Kettemann , From the extracts available online of Freedom of expression and the Internet (2014), ISBN 978-92-871-7702-5 [4] Report released by the independent watchdog Freedom House, Freedom on the Net 2013à ¢Ã¢â€š ¬Ã‚  [5] Keeping speech free on the Internet , Gary Shapiro- The Washington Times, Sunday, October 20, 2013 [6] Keeping speech free on the Internet , Gary Shapiro- The Washington Times, Sunday, October 20, 2013 [7] https://www.whitehouse.gov/net-neutrality [8] Hindustan Times , Nov 20 , 2014 [9] ONI Country Profile: India,Acce ss Contested, Ronald J. Deibert, John G. Palfrey, Rafal Rohozinski and Jonathan Zittrain (Eds), OpenNet Initiative, MIT Press, November 2011, pp. 299-308 [10] Internet Enemies, Reporters Without Borders (Paris), 12 March 2012 [11] Shreya Singhal v. Union of India [W.P.(Crl).No. 167 of 2012] [12] MouthShut.com (India) Pvt. Ltd. v. UoI [W.P.(C).No. 217 of 2013] [13] Dilipkumar Tulsidas Shah v. UoI [W.P.(C).No. 97 of 2013] [14] Common Cause vs. Union of India [W.P.(C) No. 21 of 2013] [15] Rajeev Chandrashekhar v. Union of India [W.P.(C) No. 23 of 2013] [16] PUCL v. Union of India [W.P.(Crl) No. 199 of 2013] [17] Geoffrey King/CPJ Internet Advocacy Coordinator , Committee to Protect Journalists , January 13, 2014 https://cpj.org/x/583a [18] Indiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s declining Internet freedom- Any blow to the Internetà ¢Ã¢â€š ¬Ã¢â€ž ¢s free functioning is a blow to individual freedom. LiveMint , OCT 22, 2013. [19] www.economictimes.com , Nov 11 , 2014 [ 20] Freedom House report on Internet , 2013

Wednesday, May 6, 2020

Janie and the Pear Tree in Their Eyes Were Watching God...

Janie and the Pear Tree in Their Eyes Were Watching God by Zora Neale Hurston In Zora Neale Hurstons Their Eyes Were Watching God, the image of a pear tree reverberates throughout the novel. The pear tree is not only a representation of Janies life - blossoming, death, metamorphosis, and rebirth - but also the spark of curiosity that sets Janie on her quest for self-discovery. Janie is essentially rootless at the beginning of her life, never having known her mother or father and having been raised by her grandmother, Nanny. Nanny even says to Janie, Us colored folks is branches without roots and that makes things come round in queer ways (Hurston, 16). Under a pear tree in Nannys backyard, however, Janie, as a naà ¯ve†¦show more content†¦[she longed] to be a pear tree - any tree in bloom! With kissing bees singing of the beginning of the world! She had glossy leaves and bursting buds and she... [was] waiting for the world to be made (11). Janie, feeling herself opening like the petals of a flower, yearns to delve into the unfamiliar - to find the sw eet marriage represented by the bees and blossoms. Yielding, however, to the wishes of her aged grandmother - that she seek protection and security in marriage - Janie marries Logan Killicks. The passion that Janie has dreamed of, however, is missing from this marriage, and Logans house is a lonesome place like a stump in the middle of the woods(21). As her marriage slowly deteriorates and she enters the dying cycle of the tree, Janie never forgets the blossoming pear tree. Ah wants things sweet wid mah marriage lak when you sit under a pear tree and think(24), she exclaims. The vision of Logan Killicks was desecrating the pear tree(14), so when the classy, charming Joe Starks offers her a marriage and a better life, Janie sets off down the road with him, in another cycle of springtime bloom. The pear tree is reborn and she believes that from now until death she was going to have flower dust and springtime sprinkled over everything. A bee for her bloom (32). Though she initially finds the passion she had longed for, Janie eventually becomes Joes possession. He exercises arbitrary power over her, forbidding her from wearing her hairShow MoreRelated Powerful Symbols in Their Eyes Were Watching God by Zora Neale Hurston1407 Words   |  6 PagesPowerful Symbols in Their Eyes Were Watching God by Zora Neale Hurston       In 1937, upon the first publication of Their Eyes Were Watching God, the most influential black writer of his time, Richard Wright, stated that the novel carries no theme, no message, [and] no thought.   Wrights powerful critique epitomized a nations attitude toward Zora Neale Hurstons second novel. 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For others, they sail forever on the horizon, never out of sight, never landing until the watcher turns his eyes away in resignation, his dreams mocked to death by Time (Hurston 1).† Hurston describes here how some dreams are achieved with time while others lurk out of reach until the dreamer gives up. Janie CrawfordRead More Essay on Imagery in Their Eyes Were Watching God1096 Words   |  5 PagesPositive Imagery i n Their Eyes Were Watching God In Zora Neale Hurstons novel, Their Eyes Were Watching God, the life of Janie is presented as a journey. Janie survives a grandmother, three husbands, and innumerable friends. Throughout this journey, she moves towards her ideals about love and how to live ones life. Hurston chooses to define Janie not by what is wrong in her life, but by what is good in it. Janie undergoes many changes throughout her journey, but the imagery in her life

Corporate Law for Darwin Developments - MyAssignmenthelp.com

Question: Discuss about theCorporate Lawfor Darwin Property Developments. Answer: The discussion of the case study is with respect to Darwin Property Developments Pty Limited Company. The individuals involved in this case are three directors namely Feng, Qiyuan and Linda. Feng and Qiyuan were brothers who had started the business. Linda was part of the accounting firm run by her and Qiyuan. The original company was company who developed property (Knepper et al., 2016). They also operated a successful waterfront restaurant that served seafood. The shares of the company were equally divided among the three share holders. The total number of shares that were issued in the company was 6000 ordinary shares. The three shareholders held 2000 shares each. The shares were fully paid. As per the Corporations Act 2001 (Cth), there are rules of the company which the directors of a company have to adhere to. The shareholders of the company are enshrined with the right to claim for the financial records of the company and information pertaining to individual shares the shareholder has in the company. As per the case study it can be inferred that Feng is both the shareholder as well as director of the case organisation. Thus prior to resigning from the position of director, he has the right to do whatever he wishes with respect to the shares that he holds in the company (Laster and Zeberkiewicz, 2015). In this case Linda and Qiyuan cannot deprive Feng from exercising his rights of a director and a shareholder. Hence there are certain combined rights of the directors as per the provisions of the Corporations Act 2001. As per section 249 U of the Corporations Act 2001, the directors have the right to elect an individual to be chairperson for holding meetings of the compa ny. As per section 1072F of the Corporations Act 2001, the directors are given the right to refuse registration of transfer of companys shares (Hiller, 2013). This can be possible if the shares of the company are not fully paid and in case the company holds lien over the shares. The directors also hold right to make decisions regarding the dividend paid to the shareholders of the company. They have the right to lower the rate of dividend if situation permits. The directors are also given the right to elect or appoint the managing director of the company. In the present case Feng has the right to take derivative actions against the other directors of the company. This is because he is both a shareholder as well as director of the company. In the capacity of a director of the company, Feng has the right to sue both the directors of the company for fraud and misrepresentation caused to him under the Misrepresentation Act, 1972. Feng had immediate need of financial help due to his wifes death. As a director he had the right to sell his part of the shares to recover the proceeds (Clark Jr and Babson, 2011). However the directors of the company had wrongly contravened the provisions of the Corporations Act 2001 by refusing to allow him to sell his shares. Moreover it is known from the scenario that a large amount of money was taken from the case organisation by the other two directors to finance their private accounting firm. This is a fraudulent activity and they are liable to be sued by Feng. There are certain rights which Feng holds wit hin the company in the capacity of a member and shareholder of the company (Lan and Heracleous, 2010). Thus as per the Corporations Act 2001, Feng is entitled to certain individual rights of a member. As per these rights, when there fraudulent and poor management occurring within a company, then the members have the right to stop or prevent the mismanagement and fraudulence by filing case against the directors of the company. This right is also applicable in the case of Feng. The section 232 (2) and (3) of the Corporations Act 2001 and the section 229 of the Companies Act 1981 is applicable for discussing the duties and liabilities of the directors of a company. These duties are fiduciary in nature or are based on elements of good faith, trust and confidence (Lacovara, 2011). Thus as per these duties, the directors are supposed to carry out their duties in an honest manner without any element of fraudulent and dishonest intention. From the aspects of the case scenario it is clear that Linda and Qiyuan have contravened the above provisions of corporation law. According to subsection 2 of section 232 of the Corporations Act 2001 the other directors of DBD can be penalised to the tune of $ 20,000 for causing fraud and deception to Feng and they can also face a term of imprisonment for five years. Linda and Qiyuan had failed to exercise their duty to take care and being diligent towards the members and shareholders of the company. Thus Feng is entitled to cer tain remedies so that he is able to derive finance to solve his financial problems. The derivative actions are legitimate for Feng to exercise since there has been no protection of company interests. The directors were acting in a fraudulent manner. They were mismanaging the company and were causing oppression to Feng by refusing to allow him to sell his shares (Becker and Strmberg, 2012). However this is illegal. As per section 1072F of the Corporations Act 2001, the shares of the company have been fully paid up. The other directors of the company, Linda and Qiyuan do not have the right to refuse Feng to transfer his shares (Aier et al., 2014). Moreover as per directors rights, they can reduce the rate of dividend when circumstances call for. However they have clearly refused to provide the dividends to the shareholders of the company by citing the requirement of the fund for the future development of the company. As per the fourth schedule of regulation of the Australian Securities and Investments Commission, the companys members are entitled to derive 5% or 1/20th of the shares in the company. Thus as per the provisions of the Corporations Act, Feng is a shareholder of DBD and he is entiltled to claim certain rights. He has the right to ask for records of his shares from the other directors of the company. In the present case, Feng has been deprived from exercising his right of directorship and shareholder of DBD. Thus he has every right to file a suit against the defaulting directors of the company (Fairfax, 2013). The directors have clearly contravened section 180(1) of the Corporations Act 2001. They have failed to exercise to a reasonable level the duties of care and diligence. The fourth schedule of the regulations of the ASIC under the Corporations Act 2001 can be invoked by Feng if he seeks to exercise his rights of a shareholder and director of the company. As per section 180(1) of the Act, he can claim that the directors had failed to exercise their duty to reasonably act in a careful and diligent manner. He can sue the other directors i.e. Linda and Qiyuan for misrepresenting facts and cheating him with respect to his right to shares (Callison, 2012). He can also file case against the directors for mismanaging and oppressing Feng. He has been grossly deprived from his rights. Thus he is entitled take certain actions which he can initiate as per the provisions of the company laws of Australia. He has clear chance of getting success as there are various grounds available to him to claim remedies (Richardson, 2011). He can claim that various requirements of ASIC have been flouted by the directors of the company which is in contravention to the provisions of the Corporations Act 2001. The directors of the company are having the statutory duty to look after the rights and interests of the shareholders and members of the company. Consequences of breach of directors duties can be seen within the provisions of Corporations Act 2001. There are certain statutory provisions to be adhered to for removing a director of a company as per the company law provisions of Australia. There should be a special resolution to remove directors of the company. The company in this case had clearly failed to adhere to this provision (Velasco, 2012). The company had clearly failed to follow the structural requirements of the company laws. It is important that the directors of the company pay off the dividends out of the profits to the shareholders. If they continue to retain the dividend money with themselves, the shareholders have the right to claim charges of fraud against the company. References Aier, J. K., Chen, L., Pevzner, M. (2014). Debtholders demand for conservatism: Evidence from changes in directors fiduciary duties.Journal of Accounting Research,52(5), 993-1027. Becker, B., Strmberg, P. (2012). Fiduciary duties and equity-debtholder conflicts.Review of Financial Studies,25(6), 1931-1969. Callison, J. W. (2012). Putting New Sheets on a Procrustean Bed: How Benefit Corporations Address Fiduciary Duties, the Dangers Created, and Suggestions for Change.Am. U. Bus. L. Rev.,2, 85. Clark Jr, W. H., Babson, E. K. (2011). How benefit corporations are redefining the purpose of business corporations.Wm. Mitchell L. Rev.,38, 817. Fairfax, L. M. (2013). Sue on Pay: Say on Pay's Impact on Directors' Fiduciary Duties.Ariz. L. Rev.,55, 1. Hiller, J. S. (2013). The benefit corporation and corporate social responsibility.Journal of Business Ethics,118(2), 287-301. Knepper, W. E., Bailey, D. A., Bowman, K. B., Eblin, R. L., Lane, R. S. (2016).Duty of Loyalty(Vol. 1). Liability of Corporate Officers and Directors. Lacovara, C. (2011). Strange creatures: A hybrid approach to fiduciary duty in benefit corporations.Colum. Bus. L. Rev., 815. Lan, L. L., Heracleous, L. (2010). Rethinking agency theory: The view from law.Academy of Management Review,35(2), 294-314. Laster, J. T., Zeberkiewicz, J. M. (2015). The rights and duties of blockholder directors.Bus. Law.,70, 33-54. Richardson, B. J. (2011). From fiduciary duties to fiduciary relationships for socially responsible investing: responding to the will of beneficiaries.Journal of Sustainable Finance and Investment,1(1), 5-19. Velasco, J. (2012). The Role of Aspiration in Corporate Fiduciary Duties.Wm. Mary L. Rev.,54, 519.

Ratio Analysis on Literature of Review free essay sample

I also declare that I have done my work sincerely and accurately even then if any mistake or error had kept in it, I request the readers to point out these errors and guide me to remove these errors in future. Presentation Incharge Signature of the Candidate Practical work experience is the integral part of individual learning. An individual who is learning managerial concepts has to undergo this practical experience for being a future executive. It is the result of various factors. Primarily because of rising cultivations of BT. cotton (Bacillus thuringnsis) and reduce the farmers input costs, while the yield as well as quality are substantially much larger compared to traditional varieties. In view of this development, the cotton cultivation acreage has been steadily going up in India. The farmers have become more knowledgeable to follow scientific methods to cultivate high yielding long staple cotton varieties. Besides individual mills are also simultaneously taking steps to improve the cotton production along with Technology Mission on cotton (TCM), the cotton development research Associations of organizations (CITI), South Indian Textiles Mills Association (SIMA) and Kerala State Textile Corporation (KSTC). The resultant factor is quality and quantity of raw material supply has substantially improved in the country. Due to globalization of our economy, the conscious of quality inputs and pricing have become competitive to the international standards and prices. Supply of quality raw material availability sources of raw material from major cotton exporting countries. Every organization is a deliberate and planned Endeavour of people whose common goal can be achieved through attainment of targets and goal by individual members in it. No organization can survive for long unless it takes care of prudent utilization of resources particularly human resources. In brief, good business is generally the result of good organization which can emerge only if it consists of good people who work together as a team. The textile industry occupies a unique place in our country. One of the earliest to come into existence in India, it accounts for 14 per cent of the total industrial production, contributes to nearly 30 per cent of the total exports and is the second largest employment generator after agriculture. The Indian textile industry is one of the largest in the world with a massive raw material and textile-manufacturing base. Indian economy is largely dependent on the textile manufacturing and trade in addition to other major industries about 27 per cent of the exchange earning are on account of export of textiles and clothing alone. In India organized textile mill sector has increased from 1787 in 2003-04 to 1789 in 2004-05. During the year 2003-04 the production of yarn was 3051. 07 million kg and it had increased to 3220. 59 million kg in 2004-05. The number of workers worked in textiles mills during the year 9, 18,000. India has the second-largest yarn-spinning capacity in the world (after China), accounting for roughly 20 percent of the world’s spindle capacity. India’s spinning segment is fairly modernized; approximately 35 to 40 percent of India’s spindles are less than 10 years old. During 1989-98, India was the leading buyer of spinning machinery, accounting 2003-04 was 9,28,000 and it have decreased during the year 2004-05 was for 28 per cent of world shipments. India’s production of spun yarn is accounted for almost entirely by the organized mill sector, which includes 285 large. Man-made fibers, wool and silk segment grew by modest 4. 5 per cent per annum during the 5-year period 2000-01 to 2005-06. During the first year of quota-free global trade, production increased leaps and bounds. Textiles production increased 10 per cent over 2004. The growth was fuelled by a 22 per cent rise in production of other textiles (including apparels). Cotton textile also posted an increase of nine percent. In the last six years, an estimated US$ 6. 7 billion has been invested in the textiles sector, aided by the Technology Up gradation Fund (TUF) scheme. The TUF scheme expires in March next year (2007) and the quotas on China will be lifted in 2008. Hence, companies will continue to add capacities over the next year. Also, according to CRISIL, the sector is likely to rise over US$ 3. 5 billion from the capital markets in the next few years. The cotton textile industry, one of the oldest and major consumer industries in India, has assumed national importance by virtue of size, investment, output and employment. The industry produces a wide range of fabrics to suit specific needs of consumers. Further, the cotton textile industry occupies a pre eminent place in the Indian economy by contributing a major share and to the countries industrial production and providing cloth to its millions. The industry also serves by providing direct employment to 60, 00,000 workers in several of its related activities. India is one of the largest textile producing countries in the world. The share of the industry in the export basket of India is around 20%. However, textile industry is vast developing sector and when the competitions are exorbitant especially in its design and quality we have to adopt modern technology management, machine so as to complete with other countries in the international market.