Friday, January 24, 2020

Their Eyes Were Watching God Essay -- essays research papers

Love and Marriage   Ã‚  Ã‚  Ã‚  Ã‚  Their Eyes Were Watching God by Zora Neale Hurston is a novel about a Southern black woman and her experiences through life. Janie, the main character, is forced at a young age by her grandmother, into an arranged marriage with a man named Logan. Janie is told to learn to love Logan, but the love never comes for Logan in Janie's heart so she leaves him. She meets a man named Joe. Soon after they are married. Joe was sweet at first, then his true feelings about women come out and Janie looses her love she thought she had for him. He soon dies after their separation. Janie then falls in love with a man named Tea Cake. He is the man with whom she has a wonderful, loving, happy marriage. Janie, through youth and lack of empowerment, is mislead to believe other people's definitions of love and marriage until she is strong enough to find a relationship on her own which satisfies her personal definitions of love and marriage.   Ã‚  Ã‚  Ã‚  Ã‚  Nanny, Janie's grandmother, leads her to believe that love comes after marriage though love is secondary to the security marriage provides. Nanny feels marriage was simply for security and to start a family. 'Taint Logan Killicks Ah wants you to have baby, it's protection.';(pg. 14). Nanny says this to Janie before her arranged marriage to Logan. Nanny wants Janie to be financially set with her life before she dies and leaves Janie to fend for herself. Nanny wants her to start a f...

Thursday, January 16, 2020

Contracts Cases Essay

FACTS: An Agency agreement was entered into between the Mills Company and the appellants appointing the appellants it’s Agents for a period of 30 years. The appellants throughout worked only as the Agents of the Mills Company and for the Fasli years 1351 and 1352 they received their remuneration under the terms of the Agency agreement. Notice was sent to the appellants to pay the amount of tax appertaining to these chargeable accounting periods. The appellants submitted their accounts and contended that the remuneration received by them from the Mills Company was not taxable on the ground that it is was not income, profits or gains from business and was outside the pale of the Excess Profits Tax Regulation. The Excess Profits Tax Officer made an order assessing the income of the appellants for the accounting periods 1351 and 1352 Fasli at Rs. 8,957 and Rs. 83,768 respectively and assessed the tax accordingly. ISSUES: 1. Whether under the terms of the agreement the petitioner is an employee of the Mills Company or is carrying on business? 2. Whether the remuneration received from the Mills is on account of service or is the remuneration for business? ANALYSIS OF THE FACTS: 1. The appellants were registered as a private limited company having their registered office in Bombay and the objects for which they were incorporated were the following : To act as agents for Governments or Authorities or for any bankers, manufactures merchants, shippers, Joint Stock Companies and others and carry on all kinds of agency business. 2. Under the Articles of Association of the Mills Company the appellants and their assigns were appointed the agents of the Company. The general management of the business of the Company subject to the control and supervision of the Directors, was to be in the hands of the Agents of the Company. They were to have power to appoint and employ in or for the purposes of the transaction and management of the affairs and business of the Company. The agents were authorized to sub-delegate all or any of the powers, authorities and discretions for the time being vested in them. 3. The Agency agreement which was executed provided that the appellants and their assign were to be the Agents of the Company for a period of 30 years from the date of registration of the Company and they were to continue to act as such agents until they of their own will resigned. 4. The remuneration of the appellants as such Agents was to be a commission of 2 1/2 per cent on the amount of sale proceeds of all yarn cloth and other produce of the Company. The appellants were to be paid in addition all expenses and charges actually incurred by them in connection with the business of the Company and supervision and management thereof. JUDGMENT: 1. â€Å"An agent is to be distinguished on the one hand from a servant, and on the other from an independent contractor. A servant acts under the direct control and supervision of his master, and is bound to conform to all reasonable orders given him in the course of his work; an independent contractor, on the other hand, is entirely independent of any control or interference and merely undertakes to produce a specified result, employing his own means to produce that result. An agent, though bound to exercise his authority in accordance with all lawful instructions which may be given to him from time to time by his principal, is not subject in its exercise to the direct control or supervision of the principal. An agent, as such is not a servant, but a servant is generally for some purposes his master’s implied agent, the extent of the agency depending upon the duties or position of the servant.† 2. The difference between the relations of master and servant and of principal and agent may be said to be this: a principal has the right to direct what work the agent has to do: but a master has the further right to direct how the work is to be done.† 3. In the present case, the powers did not spell a direct control and supervision of the Directors as of a master over his servant but constituted the appellants the agents of the Company who were to exercise their authority subject to the control and supervision of the Directors but were not subject in such exercise to the direct control or supervision of the principals. 4. The remuneration by way of commission of 2 1/2 per cent. of the amount of sale proceeds of the produce of the Company savoured more of the remuneration given by a principal to his agent in the carrying out of the general management of the business of the principals than of wages or salary which would not normally be on such a basis. 5. All these circumstances together with the power of sub-delegation go to establish that the appellants were the agents of the Company and not merely the servants of the Company remunerated by wages or salary. 6. The objects of the appellants in this case inter alia were to act as agents for Governments or Authorities or for any bankers, manufacturers, merchants, shippers, Joint Stock Companies and others and carry on all kinds of agency business. This object standing by itself would comprise within its ambit the activities of the appellants as the agents of the Company and constitute the work which they did by way of general management of the business of the company an agency business. Apart however from this there is the further fact that there was a continuity of operations which constituted the activities of the appellants in the general management of the Company a business. 7. All these factors taken into consideration along with the fixity of tenure, the nature of remuneration and the assignability of their rights, are sufficient to enable us to come to the conclusion that the activities of the appellants as the agents of the Company constituted a business and the remuneration which the appellants received from the Company under the terms of the Agency Agreement was income, profits or gain from business. 8. The appellants were therefore rightly assessed for excess profits tax and these appeals must stand dismissed with costs. 2. P. Krishna Bhatta And Ors. vs Mundila Ganapathi Bhatta 1955 MAD HC FACTS: The dispute in this case relates to three items of properties, viz., two parcels of land used for raising paddy and arecanut in Kedila village and a coffee estate in Coorg, ISSUES: whether in regard to these items of properties Ganapathi Bhatta was benamidar and apparent owner? (IRRELEVANT ISSUE FOR US) whether Section 66, C.P.C. applies to the transactions relating to the two items or Kedila properties, in regard to which two sale certificates have been issued in favour of Ganapathi Bhatta. The other alleged in the pleadings that Ganapathi Bhatta was an agent for the joint family of Bheernayya throughout these transactions and that therefore the prohibition under Section 66, C.P.C., would not apply to this case. Ganapathi Bhatta by no stretch of imagination can be described as the agent of Bheemayya for the purpose of buying this property in Court auction sale. PRINCIPLE: In legal phraseology, every person who acts for another is not an agent. A domestic servant renders to his master a personal service; a person may till another’s field or tend his Hocks or work in his shop or factory or mine or may be employed upon his roads or ways; one may act for another in aiding in the performance of his Legal or contractual obligations to third persons, as when he serves a public carrier, warehouse-man or innkeeper in performance of the latter’s duties to the public. In none of these capacities he is an â€Å"agent† within the above meaning as he is not acting for another in dealings with third persons. It is only when he acts as representative of the other in business negotiations, that is to say, in the creation, modification, or termination of contractual obligations between that other and the third persons, that he is an â€Å"agent.† Representation of another in business negotiations with third persons so as to bind such other by his own acts as if they were done by the former, is of the essence of the relation of agency and the distinguishing feature between art â€Å"agent† and other persons who act for another. Looked at from this point of view, an agency is a contract of employment for the purpose of bringing another-in legal relation with a third party or in other words, the contract between the principal and agent is primarily a contract of employment to bring him into legal relation with a third party Or to contract such business as may be going on between him and the third party. An agent is thus a person either actually or by law held to be authorised and employed by any person to bring hint into contractual or other legal relations with a third party. He is a representative vested with authority, real or ostensible, to create voluntary primary obligations for his principal by making promises or representations to third persons calculated induce them to change their legal relations. Representative character and derivative authority may briefly be said to be the distinguishing features of an agent. HOLDING: It is not stated in the pleadings in the present case as to when precisely Ganapathi Bhatta was constituted an agent, or on what terms he was so constituted or when the agency was got terminated or other details to spell out an agency. HE IS NOT AN AGENT. SIDE NOTE: The ‘karta’ is not the agent, or trustee of the joint family, but his position has been described as like that of a chairman of a committee 3. Loon Karan Sohan Lal vs Firm John And Co. And Ors. 1967 All HC Facts: The defendant had entered into an agreement with the defendant for the deliver of 15 bales of yarn. Since the plaintiff did not deliver on time, he went on to sue his principal, the govt. Of assam. Mr. Misra argued that the plaintiff was appointed by the Assam Government as their agent to perform the duties of procuring yarn and if in the performance of his duties as agent he suffered loss he is entitled under Sections 222 and 223 of the Contract Act to be reimbursed by the Assam Government as principal. The agreement between the plaintiff and govt. Of Assam stated: â€Å"This agreement made between the Governor of Assam represented by the Additional Secretary in th Department of Supply (Textile) hereinafter called the Govt. of the one part and M/s Loonkaran Sohanla hereinafter called the agent of the other part. The agent has been appointed for the purpose of procuring yarfor the month of August and September 1948 on the following terms and conditions.† JUDGEMET But in my opinion the description of the plaintiff in the agreement Ex. C-l and in the letter Ex. 47 as the agent of the Assam government is not conclusive. The court must examine the true nature of the agreement and the subsequent dealings between the parties, and then decide whether it established a relationship of agency under the law. It is common experience that the word ‘agent’ is frequently used to describe a relationship which is not an agency in law. an agent primarily means a person employed for the purpose of placing the principal in contractual or other relations with a third party and it is essential to an agency of this character that a third party should be in existence or contemplated. † The agreement Ex. C-l does not suggest, even by implication, that the plaintiff was to represent the Assam Government in any transaction or dealings with any other party or parties. No such parties were mentioned in the agreement or in contemplation of the signatori es to the agreement. The conduct of the plaintiff after the agreement shows that he never functioned as the agent of the Assam Government. He entered into the agreement of sale of yarn with John and Co. in his own name and on his own behalf; he paid the price from his own pocket and did not debit it to the Assam Government; he regarded himself as the owner of the goods and filed this suit in his own name. He might have been advised, when things went wrong, that the Assam Government had described him as their agent and were therefore liable to reimburse him for theloss suffered by him in the discharge of his obligations under the agreement. He is entitled to our sympathy, but he cannot in the circumstances ask this Court to make the Government liable for his losses. Mr. Misra contended that even if the plaintiff was not employed under the agreement to represent the Assam Government in dealings with third persons, he was appointed â€Å"for the purpose of procuring yarn† for the Assam Government and thus employed† to do any act for another† and this made him an agent under Section 182. I am unable to agree. There are several answers to this argument. First. it is based on a misapprehension of the words â€Å"a person employed to do an act for another† in Section 182 of the Contract Act. There is a distinction between a person employed In do an act for another and a person who does an act at the bidding if another. In the first place the act done is not that of the person employed but of him who employs him in the second, the act is that of the person himself Again, in the first case, the person employed is an agent of the employer, in the second, he merely acts at the request of another. Then again in the first case, under Section 222 the person is entitled to be indemnified against the consequences of all lawful acts done by him in the exercise of his authority as an agent, in the latter, he is entitled to be indemnified only if there is a contract of indemnity to this effect. If the plaintiff had been employed to purchase and sell cotton yarn on behalf of the Government of Assam, or asked by them to distribute yarn, belonging to the Government, he would have been their agent under Section 182 of the Contract Act and entitled to be indemnified for the consequences of all lawful acts done by him But the plaintiff, under the agreement, was to purchase yarn from others and sell it to consumers in Assam The utmost he can claim is that he entered into a transaction of sale with John & Co at the bidding of the Government of Assam. But there was no undertaking by that Government, either under the agreement exhibit C-1 or any other to indemnify the plaintiff against loss. 10. After a careful analysis of the agreement Exhibit C, I am of the opinion that it is really a license conferring upon the plaintiff the exclusive right to purchase yarn and sell it to consumers within the province of Assam. Though the plaintiff is called an agent, he was no more an agent in law than a licensee under a permit to sell intoxicating liquor subject to terms and conditions specified in the permit. Here a representative character would be required for him to be an agent which is absent. 4. Unit Trust Of India vs Ravinder Kumar Shukla The Appellant is a statutory corporation established under Section 3 of the UTI Act, 1963. As part of its activities the Appellants float various schemes. Under the various schemes from time to time, the Appellant issue cheques towards maturity amount of the units purchased and/or towards repurchase value. It appears that the Appellant normally draw Account Payee, Non-transferable and Not Negotiable cheques and send them to the payee by registered post.The Appellant started receiving a large number of complaints from unit holders alleging non-receipt of the cheques. In all 1600 unit holders had not received cheques of the value of app. Rs. 3 Crores 35 lakhs. All these cheques were intercepted, new accounts opened in Banks/Post Offices in the names of payees of the cheques and thereafter the moneis were withdrawn leaving a minimum balance in the accounts. In respect of this colossal fraud, F.I.Rs. have been lodged, investigations and prosecution are in progress. The question before this Court is whether the loss is to be borne by the unit holder payee and/or by the Appellant. The answer to this question would depend on whether the post office was acting as an agent of the unit holder and/or the Appellant. Thus the law is that in the absence of any contract or request from the payee, mere posting would not amount to payment. In cases where there is no contract or request, either express or implied, the post office would continue to act as the agent of the drawer. In that case the loss is of the drawer. (drawer here is the appellant) any proof of any contract that the amounts could be sent by post or any proof that any request had been made by any of the payees that the amount be sent by post. Mr. Bhat was also asked whether there was any proof of any practice from which it can be implied that the payee had requested/consented to have the cheques sent by post, since the prrof of such a contract could not be established. Appellant/ drawer held liable.

Wednesday, January 8, 2020

Financial Analysis of Sainsburys Performance - 2960 Words

Introduction J Sainsbury plc was founded in 1869 in Drury Lane by John James and Mary Ann Sainsbury, and is one of the oldest supermarkets in the United Kingdom. Its current company structure comprises of a chain of 547 supermarkets, 343 convenience stores and the recent addition of Sainsbury’s Pharmacy and Sainsbury’s Bank (which is a joint venture with the Lloyd’s bank group). Currently their customer profile consists of approximately 19 million customers’ each week and a surplus of an estimated 2,000 suppliers. Its employee structure consists of approximately 150,000 individuals and it is still expanding. The current Chief Executive Justin King believes the Sainsbury’s success and profitability can be accredited by â€Å"... our values†¦show more content†¦This is because all preferred shares converted into deferred shares and all transactions regarding to these shares have now been completed. However, as with ordinary shares, the authorized share c apital of preference shares has remained the same for the two periods. This illustrates that Sainsbury’s has the further capacity to raise revenue by issuing the preference shares at a value of 35pence, of which they currently are authorized to issue 2100 million. These have the value of  £735million. The financial reports are comparable to that of Tesco. The Annual Report shows that the authorized share capital in 2009 was 10858 million. This increased during the year to 13358 million. Between 2008 and 2009 there was a share issue of  £3milllion shares which resulted in a share premium of  £127million increase. Between 2009 and 2010,  £4million share were issued which resulted in a  £163millionincrease in share premium. These figures can be compared to that of Sainsbury’s. Between 2009 and 2010 there is a much larger increase in the amount of shares issued for Sainsbury’s than there was for Tesco. However, Tesco still resulted in a higher total share premium of 4801millionShow MoreRelatedIntroduction to J. Sainsbury Plc910 Words   |  4 Pages  Ã‚  Ã‚  Ã‚  Ã‚  Company analysis   Ã‚  Ã‚  Ã‚  Comparative analysis   Ã‚     Ã‚  Financial Ratio Analysis   Ã‚  Ã‚  Ã‚  Gearing/Financial Risk   Ã‚  Ã‚  Ã‚  Ã‚  Evaluation of Financial Analysis   Ã‚  Ã‚  Ã‚  Introduction The objective of financial reporting/statements is to provide information about the reporting entity’s financial performance and financial position that is useful to a wide range of users for assessing the stewardship of the entity’s management and for making economic decisions. This is a report on the operations of J. SainsburyRead MoreSwot Analysis of Sainsbury’s Plc.1151 Words   |  5 PagesAbstract Sainsbury’s is the third largest store chain inUKand 80th placed in FTSE 100 companies with market capitalisation of  £ 5,457.35 million. The essay employs SWOT analysis to assess the strengths, opportunities, weaknesses and threats in relation to its strategy and operations in the UK and international markets with reference to its retail business. The strengths and opportunities of the company should be used to neutralise the weaknesses and to develop a competitive strategy against theRead MoreEssay on Marketing and Consumer Ethics of the Sainsbury Company1237 Words   |  5 Pagesresearched many useful websites with regards to Sainsburys. The information studied can be found in the bibliography section found at the closing part the report. According to Jobber et al (1998) the marketing mix is ` the tactical `toolkit of product, place/distribution, promotion and price that an organisation can control in order to facilitate satisfying exchange. The following is Sainsburys current marketing mix strategy. Product Sainsburys is committed to the continuous improvementRead MoreStrategic And Financial Objectives Of Sainsbury1621 Words   |  7 PagesInvestment Ratios: Sainsbury’s 2013 report states that maintaining a strong / efficient capital base will be key to fulfilling their strategic and financial objectives. This is basically the shareholder’s initial equity / monies used to buy shares in the business plus any retained earnings. The capital base is a useful a benchmark for measuring returns relative to initial outlay investment (Investopedia, 2014). Sainsbury’s manages its capital structure by buying/selling capital, issuing additionalRead MoreThe Business Environment Of Virgin Group Ltd.1366 Words   |  6 Pagestechnological factors. Task 1.1 Virgin Group Ltd. is a British multinational branded venture capital conglomerate created by entrepreneur Richard Branson. Its core business areas are travel, performing and lifestyle, and it also achieves ventures in financial facilities, transport, health care, food and drink, media and telecommunications; together, Virgin s businesses contain of more than 400 businesses worldwide. Virgin Group s date of amalgamation is listed as 1989 by Companies House, who class itRead MoreTesco Plc Financial Statements Analysis Essays5555 Words   |  23 PagesAssignment Module Financial Statement Analysis 1. Introduction to the company and its role within the wider international market; including competitors and current market conditions that may impact on its financial performance. Tesco plc is a British multinational grocery and these days the third- largest retailer worldwide in terms of revenues, operating in 14 countries across Europe, Asia and Nord America.The retailer was founded in 1919 and operated exclusively within the UK until the earlyRead MoreThe Economic Impact Of Sainsbury s Entering Its Economy1207 Words   |  5 Pagesweaknesses and strength within the Australian economy, and how this may impact Sainsbury’s entering its economy. Type of Market Australia economy is theoretically a free market based, (Discover why, 2015 and Australian online, 2007). Thus it can be perceived as a mixed market in reality like the UK because of the government interventions found in any nation. (Refer to section 3.4 for further analysis on the impacts Sainsbury’s may attain from this). GDP of Australia Australia’s GDP rates stands at 1453Read MoreEssay on Tesco vs Sainsburys Comparative Financial Analysis2039 Words   |  9 PagesIntroduction The financial report that follows sets out to analyse and compare the current financial and Market position of Sainsbury’s against Tesco. The report covers five areas of financial and market review, namely; †¢ Situation Analysis †¢ Proposed Recovery Plan †¢ Investment Appraisal of recommended Investment Projects †¢ Risk Assessment †¢ Sources of Finance Recommendations made within this report are made with the intention of increasing Sainsbury’s market share over the next 5Read MoreThe Performance Of Sainsbury And Morrison s Check Their Performance As A Food Retailers2701 Words   |  11 Pages Introduction The purpose of this report is to compare and discuss the performance of Sainsbury and Morrison’s, check their performance as a food retailers and evaluate them on CORE framework analysis. The framework comprises four stages: context, overview, ratios and evaluation together with external and internal analysis which will help evaluate and compare two retail companies. EXTERNAL CONTEXT There are 92,796 grocery stores in the UK and the market value increase by 19.5% in the last 5 yearsRead MoreFinancial Appraisal of Morrisons Company1747 Words   |  7 PagesINTERNATIONAL ACCOUNTING GROUP ASSIGNMENT FINANCIAL APPRAISAL OF MORRISONS COMPANY London, 2010 Founded in Bradford over a century ago, Morrisons Supermarkets have grown from a small shop to being the fourth biggest food retailer with stores across the UK following the acquisition of Safeway in 2006. Having achieved a market share of approximately 12%, the company’s main UK-listed competitors include Sainsbury’s, ASDA and Tesco, the latter leading the industry by

Monday, December 30, 2019

Is Addiction A Brain Disease - 1680 Words

Cognitive Addiction Addiction is a Brain Associated Disorder that Allows the Body to Become Dependent on a Substance Oliver Sutton General Psychology 150-101 Professor Shawn Matthews 30 September 2014 Oliver Sutton Professor Shawn Matthews General Psychology 150-101 30 September 2014 Is addiction a brain disease? The definition of disease is a disorder in an organism that produces specific signs/symptoms that affects a specific location and isn’t a direct result of any kind of physical injury. Addiction is a compulsive need for any substance or service that can cause a person or organism to form a habit, and is a chronic disease of brain reward and causes dysfunctions in the circuits. Addiction is also characterized by the inability to consistently abstain impairment in behavioral control. The idea that addiction is a brain disease is just about universally accepted among scientist that focus on addiction (Corrigan,2008). However few believe that addiction is not a brain disease because they claim that neural dysfunction is not sufficient for disease. (NCBI, 2012). Some agree that addiction occurs in the brain but should not be considered a brain disease or a disease at all(Lawrence 2013). Substance abuse is the most common addiction that people base thei r decision upon. These drugs affect the brain and cause different reactions to the rest of the of the body. The types of drugs include: hallucinogens, opioids, sedatives, stimulants, etc. cause differentShow MoreRelatedAddiction Is A Brain Disease Essay1119 Words   |  5 PagesLeshner and Addiction A prevailing belief in the field of addiction is that drug addiction is a â€Å"brain disease† characterized by â€Å"uncontrollable, compulsive drug craving, seeking, and use, even in the face of negative health and social consequences† (Leshner 2). In his article â€Å"Addiction Is a Brain Disease,† Alan I. Leshner claims that repeated use of drugs alters brain structure and function (1) and that once addicted, few are able to revert back to occasional use (2). Because of their â€Å"uncontrollable†Read MoreIs Addiction to Pornography a Brain Disease?1027 Words   |  4 PagesIs Addiction, Brain Disease? Pornography addiction and sex addiction are very alike sicknesses, arguably a sex addiction is not a disease or sickness however, and I feel as if it is. Walking around a sex addict you would probably never know about their disorder unless told otherwise. Many debates are about whether or not sexual addiction is an actual brain disease but just like drug addiction and alcohol addiction I classify it as the same. In a study taken in 2013 The Discovery Channel foundRead MoreEssay on Is Addiction a Brain Disease2426 Words   |  10 PagesPosition Paper: Is Addiction a Brain Disease? Introduction Addiction, it is all around us, affecting people from all walks of life, it is not limited to certain social classes or lifestyles. It is found in every ethnic group, regardless of gender or age. It affects our neighbors, our friends, and our family either directly or indirectly. Although substances such as alcohol and illegal drugs are two of the most common addictions we hear about, there is a wide range of substances and evenRead MoreAddiction Is A Chronic Brain Disease1757 Words   |  8 Pages Addiction is a chronic brain disease that often results in some sort of relapse. Addiction is characterized by inability to control drug use which results in problems with one’s behaviors and interpersonal relationships. This disease causes compulsive behaviors such as the need to use drugs despite the many harmful consequences that affect the addicted individual and those around him or her. Although for most people, the initial decision to use drugs is a one time lapse in judgeme nt, the brain isRead MoreAddiction : Lack Of Will Power Or Brain Disease?1186 Words   |  5 Pages Addiction: Lack of Will Power or Brain Disease? Demonika M. Martin PS101 Introduction to Psychology Park University . I. Introduction Addiction is a disease that continues to fester and destroy individual’s lives. Once an individual is under the influence of drugs they no longer have control over their actions. Drug user’s brains are hijacked and taken on an explosive ride that begins with pleasure and ends in the damage of their brain. â€Å"Drug use is on the rise in this country andRead MoreDrug Addiction: A Brain Controlling Disease823 Words   |  3 Pagesdrug addiction has left a major impact on the brains of each user. Drug addiction is a relapsing brain disease that is characterized by brain malfunction that alters the way the users think and behave. Normal balancing Mechanisms go haywire, allowing the drug to control the brain. Drug addiction has been a major concern for scientist in recent years. With research drug addiction is categorized as a neuron-disease from its large impact on the brain. Drug addiction is a complex brain disease characterizedRead MoreThe Disease of Addiction Creates and Imbalance Between the Limbic and Frontal Lobes of the Brain1889 Words   |  8 PagesPatho-physiologists define addiction as a disease, thus affording to the chemical imbalance between the limbic and frontal lobes of the brain (Litowitz 2012). Psychologists have taken a broader approach, linking neuroscience with a binomial relationship to human behaviour in order to diagnose and challenge whether addiction is mind over matter, or indeed a neurological disorder (Burton, Westen, Kowalski, 2012). The following essay will firstly discuss three theories of psychology and how they eachRead MoreThe Problem Of Drug Addiction952 Words   |  4 Pagesthe eventual drug addiction is essentially involuntary. Drug addiction is a complex and chronic disease, a brain disease, which changes the way the brain functions. Drug addiction, much like chronic illnesses such as heart disease and diabetes , disrupts healthy, normal functioning organs. This has harmful consequences that are both preventable and treatable (Branch, 2011, pp.263-265). Drug addiction is considered a brain disease as drugs change the brain structure and how the brain operates. TheseRead MoreA Critical Look At Brain Disease1371 Words   |  6 PagesCritical Look at Brain Disease Addiction, such as drug or alcohol addiction, is explained by a Dr. Nora Volkow in a HBO series on addiction as a disease of the brain that translates into abnormal behavior. This disease is known as brain disease which refers to disruptions in the brain s motivational and reward circuitry that results from the cumulative effect of repeated use of certain substances. The documentary, Addiction, drove home the point that drug addiction is a brain disease that is aRead MoreAddiction as a Disease: Addiction is a term that has traditionally been used to refer to1400 Words   |  6 PagesAddiction as a Disease: Addiction is a term that has traditionally been used to refer to psychiatric syndrome that is caused by illicit drug use. Actually, addition is the only psychiatric condition whose symptoms are regarded as an illegal activity. In most cases, this term is described on the basis of drug use, which is the main focus of many research and treatment programs. Generally, drug addiction has significant negative effects on individuals using the drug and those around them such as

Sunday, December 22, 2019

Confucius Vs Vietnamese Culture - 1564 Words

Presently there are countless cultures in the world. In the midst of all these cultures, I decided to pick the Vietnamese culture for my assignment. Similar to other East Asian countries, Vietnamese culture is strongly influenced by Confucianism, a simpler way of life, and the connection within family member are often reflected by the values embedded in the ideology (Vu, Huy Q., Rook, Karen S. (2013)). There are quite a few differences in the Portuguese culture in comparison to Vietnamese culture, and few similarities. I believed that the boundaries in the Vietnamese culture was fascinating, and it aspired me to research more about this topic. Confucius A composite work is the key and consistent source of Confucius teachings, some of†¦show more content†¦ Rook, Karen S. (2013)). The division of labor between the parents impacts their parenting style and the socialization of their children (Vu, Huy Q. Rook, Karen S. (2013)). Discrepancies Between parents and children, differences in acculturation are a common occurrence in immigrant families including, the Vietnamese culture (Vu, Huy Q., Rook, Karen S. (2013)). When Vietnamese immigrated to Western societies, the ethics and manners were incorporated, and was much easier for the children to focus on then parents (Vu, Huy Q. Rook, Karen S. (2013)). Due to the children finding the ethics quicker and without difficulty Vietnamese children begin to wander from the traditional values causing struggles between the two generations (Vu, Huy Q. Rook, Karen S. (2013)). Intergenerational conflict may perhaps have more dominant with parents and daughters rather than sons (Vu, Huy Q. Rook, Karen S. (2013)). There is a solution with acculturation and intergeneration tensions unfortunately, it has â€Å"received little attention to date† (Vu, Huy Q. Rook, Karen S. (2013)). Social Spaces Immigrant youth are able to interact with their peers in school, which includes various mixed-gender settings (Stritikus, T., Nguyen, D. (2007)). Parents have a tendency to have stern rules about their child’s actions separate from school making school not only a place intended for learning, but a place for social interaction as well

Saturday, December 14, 2019

Female Foeticide Free Essays

Female Foeticide: A legal Analysis In 1988 there was an advertisement in the Diwali special number of a renowned Marathi magazine:[1] â€Å"Amniocentesis is a developed science To misuse it for abortion is a great sin. Better go in for sex-selection Read this book. Consult your family doctor for a sure way of begetting sons. We will write a custom essay sample on Female Foeticide or any similar topic only for you Order Now Female foeticide is perhaps one of the worst forms of violence against women where a woman is denied her most basic and fundamental right- the right to life enshrined in Article 21 of Indian Constitution. Elimination of the girl child by way of selectively eliminating the female embryos or foetuses is an age-old phenomenon. It negates the fundamental right to equality guaranteed under Articles 14 and 15 of our Constitution. The traditional mentality of the Indian culture of preferring the boy baby over the girl child combined with the ultra modern technology has only succeeded in boosting the status conscious Indian families to perpetuate their choice making process of the girl child elimination in the most sophisticated and easiest way. To top it all, the ethically conscious medical profession has been able to bring down the already imbalanced sex ratio on to 927 women per 1000 men. [2] It raises important issues on the interfacing of technology, health and society, of misuse of medical technology, of using techno-centric solutions for social problems, of violation of the principles of medical ethics, of social and demographic implications of such technologies, of the decision making processes involving technology, which can have far-reaching social effects, of regulating the medical profession (specially reproductive technology) both internally and externally, of limits to research and the techno-docs’ power ‘to play God’, of the role and limits of social legislation in tackling social problems; of ‘informed consent’, and patients’ rights and doctors accountability, of the possible fall-out of the advent of New Reproductive Technologies (NRTs) from Sex Pre-Selection Techniques (SPSTs) to non-coital reproduction through IVF- ET or GIFF, surrogate motherhood to genetic engineering; of decision-making process in family and socie ty and women’s role (or lack of it) in them. All these interrelated issues mean something to all our lives as it defines the way we see our past, present and future. Traditionally the patriarchal families got rid of the â€Å"unwanted child† either by way of poisoning the new-born baby or letting her coke on husk or simply by crushing her skull under a charpoy. Since modern medical tests have made it easier to determine the sex of the child even before the birth of the â€Å"unwanted child†, the number has only shot instead of decreasing. In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. [3] Hence, the government was forced to pass the Pre Natal Diagnostic (Prevention) Act, 1994 in response to the increasing number of abortions performed on women carrying female foetuses. 4] Thus, India’s officials banned couples from using â€Å"technical means† to determine the sex of a foetus. [5] Although India’s Parliament passed the legislation in 1994, it could not become law until all state legislatures approved it. [6] The law finally took effect on January 1, 1996. The 1 994 Act is both prohibitive and regulatory. Prohibitive: According to the Act the use of pre-natal techniques for the purposes of sex determination are prohibited. [7] The Act prohibits any person conducting prenatal diagnostic procedure from communicating to the pregnant women concerned or her relatives the sex of the foetus by words, signs or in any other manner. 8] The Act prohibits any Genetic Counselling centre, Genetic Laboratory and Genetic Clinic to conduct activities relating to pre-natal diagnostic technique unless it is registered under the Act or to employ anyone who does not possess the prescribed qualifications. The medical practitioners are prohibited to conduct such techniques at any place, which is not registered under the Act. Regulatory: The Act provides for the regulation of pre-natal diagnostic techniques. Prenatal diagnostic techniques may be used to detect genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-li nked disorders. Prenatal Diagnostic Techniques may be employed only under specified conditions by registered institutions:[9] O  Ã‚  Ã‚  Ã‚   The tests can only be carried out on women who are either over the age of thirty-five; or O  Ã‚  Ã‚  Ã‚   Have had two or more miscarriages; or O  Ã‚  Ã‚  Ã‚   Who have been exposed to radiation, infection, chemicals or drugs which are harmful to the foetus; or O  Ã‚  Ã‚  Ã‚   The pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease; or O  Ã‚  Ã‚  Ã‚   Any other condition as may be specified by the Central Supervisory Board. It is very important to note that the Act permits use of such techniques provided the medical practitioner has explained all the known side and after effects of such techniques to the pregnant woman and more importantly, has obtained her written consent in the language she understands. 10] Persons working in the clinics, as well as women and their families who use the clinics; or are liable for fines and imprisonment for violating the Act. [11] The Act provides for the construction of a Central Supervisory Board [herein after CSB], which shall be established to advise the government on policy matters relating to pre-natal diagnostic techniques; to review the implementation of the Act and its rules; and to recommend changes in the Act and its rules. [12] The CSB has been assigned a very important function of spreading public awareness against the practice of pre-natal determination of sex and foeticide. The CSB shall meet at least twice a year to review the functioning of the Act and make recommendations for its better implementation. [13] An Appropriate Authority shall be appointed in States and Union Territories and regions wherein the authorities are empowered:[14] O  Ã‚  Ã‚  Ã‚   To grant, suspend or cancel the registration of genetic counselling centres, laboratories and clinics; and O  Ã‚  Ã‚  Ã‚   Also to investigate complaints regarding breach of the provisions of the Act or the rules. The Act lays down prohibition on the issuance of advertisements[15] relating to pre-natal sex determination by any person, organisation or institutional and provides that any contravention/Violations of the same will entitle the offender a punishment of 3 years imprisonment and/ or Rs. 10,000/- fine for the first charge, this increasing to Rs. 50,000/- fine and 5 years imprisonment for a second charge. [16] But there are various loopholes in the Act, which has made it a failure to a great extent thus letting the demons of female foeticide/infanticide survive and flourish! Hence, the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 was passed to plug the loopholes. THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002: Objectives of the New Act: The practices relating to female foeticide and techniques connected with the same are considered discriminatory to the female sex and not conducive to the dignity of the women. The proliferation of the technologies mentioned above may, in future, precipitate a catastrophe, in the form of severe imbalance in male-female ratio. The State is also duty bound to intervene in such matters to uphold the welfare of the society, especially of the women and children. Therefore, the government felt the necessary to enact and implement in letter and spirit a legislation to ban the pre-conception sex selection techniques and the misuse of pre-natal diagnostic techniques for sex-selective abortions and to provide for the regulation of such abortions. Such a law is also needed to uphold medical ethics and initiate the process of regulation of medical technology in the larger interests of the society. Accordingly, it is proposed by the government to amend the aforesaid Act with a view to banning the use of both sex selection techniques prior to conception as well as the misuse of pre-natal diagnostic techniques for sex selective abortions and to regulate such techniques with a view to ensuring their scientific use for which they are intended. The Amendment Act, 2002 seeks to achieve the aforesaid objects. Highlights of the New Act: 1. The Act provides for the prohibition and regulation of SD techniques before or after conception. [17] 2. For the words and brackets â€Å"the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)†, the words and brackets â€Å"the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)† shall be substituted. [18] This lays a lot of emphasis on the issue of female foeticide in particular. 3. Definitions of â€Å"conceptus†, â€Å"embryo† and â€Å"foetus† have been laid down specifically, which helps in determining the cause and stage of use of PNDT. [19] 4. The Explanations added to Sec. (ii) in clause (d), (e) and (g) have enlarged the scope of the Act to include even the portable PNDT equipment/machinery. [20] 5. Qualifications of a genetic has been upgraded. [21] 6. Amendment of section 17 of the principal Act re ads as follows— â€Å"(e) to take appropriate legal action against the use of any sex selection technique by any person at any place, suo motu or brought to its notice and also to initiate independent investigations in such matter† This provision has given extra scope to the authorities for the utilisation of the powers to fulfil their duties. 7. Insertion of new section 17A. -After section 17 of the principal Act, the following section is proposed to be inserted, namely:— â€Å"17A. Powers of Appropriate Authorities. The Appropriate Authority shall have the powers in respect of the following matters, namely:— (a)  Ã‚  Ã‚  Ã‚   summoning of any person who is in possession of any information relating to violation of the provisions of this Act or the rules made thereunder; (b)  Ã‚  Ã‚   production of any document or material object relating to clause (a); (c)  Ã‚  Ã‚  Ã‚   issuing search warrant for any place suspected to be indulging in sex selectio n techniques or pre-natal sex determination; and (d)  Ã‚   any other matter which may be prescribed. †. This provision is very much in tune with the objective of Section 17 (e). 8. Provision with regard to the advertisements has been made more stringent. [22] 9. Definitely, the strongest provision of the Bill is the new section 24, which if brought to effect shall wipe all doubts with regard to the application of penal provisions to women undergoing the PNDT tests. The rovisions has rightly identified the problems of women in the cases of PNDT as in most cases, women are forced to go for these test or to forgo their marital lives their homes, even their lives. [23] Drawbacks of the new Act: I. Amendment of section 3. -In section 3 of the principal Act, for clause (2), the following clause shall be substituted, namely:— â€Å"(2) No Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ or cause to be employed or take services of any person, w hether on honorary basis or on payment who does not possess the qualifications as may be prescribed. † The Section is negatively worded which gives a scope for the people specifically excluded in the provisions to take advantage of the loophole. Instead, if the provision was positively worded in the sense that it lad down as to who is eligible to carry the PNDT under the circumstances specified under the Act, it would have restrained anyone who is otherwise not specifically authorised to conduct such tests. II. Section 3B: Prohibition on sale of ultrasound machine, etc. , to persons, laboratories, clinics, etc. , not registered under the Act. – No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act. † Though this is a strongly worded Section, which aims at curbing the clandestine sale of the PNDT equipments, it suffers from a major drawback. The Act or he Section does to talk about the manufacturing of these equipments because since manufacturing is the first step towards the black-marketing and other misuses. As such, there have to be specific guidelines as to the manufacturing. The manufacturing license should be issued only to the Governmental Institutions so that the monitoring becomes so much easier because of the control that he Government can exercise over these institutions. Also very closely linked to above point is the licensing function. If licenses for prenatal diagnosis were granted only to government institutions, the task of vigilance would be further simplified. The ban on misuse of techniques for SD imposed upon government institutions has not been violated for the past 15 years. Also there is no provision to the effect that the registration of the portable PNDT machinery/equipment’s are also registered. III. Amendment of section 4. -In section 4 of the principal Act, for clauses (3) and (4), the following clauses shall be substituted, namely:— â€Å"(3) No pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely:— The provisions of this section prima facie seem like a good provision but are a toothless one. The issue is that though citing a reason which satisfies the condition precedent laid down in the Act before the PNDT tests are conducted, the provisions misses out a crucial point. It does not mandate for the production of the documents to prove that the condition in fact, is satisfied and is very much in spirit wit the object of the Act. Also should be included in this provision the requirement t record al these documentary proof which shall be made available for verification by the CSB/SSB, etc. IV. Section 13 sub clause (vi) Any other condition as may be specified by the Board: This provision gives a lot of discretionary powers to the Boards, which have to be curtailed in the form of the guidelines. V. Amendment of section 5. In section 5 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:— â€Å"(2) No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs, or in any other manner. † This provision has practical difficulties in terms of implementation. It is suggested by the author that a kind of code system be adopted whereby the tests which have satisfied the conditions of the Act be given a code number and sent for testing in a place which is authorised to conduct he tests for a particular area or region. This is to ensure that there exists no direct links between the family concerned and the medical practitioner who can convey the sex of the foetus, which might lead to the death of the foetus in case it turns out to be a female. This is because though the provisions bar the practitioner from conveying in any manner whatsoever, the proof that the same has not been conveyed cannot be assured. VI. Automatic suspension/cancellation from the Registry of Medical Practitioners of the name of doctors found guilty by the court without referring the matter to the Medical Council. VII. Insertion of new section 16A. -After section 16 of the principal Act, the following section shall be inserted, namely:— â€Å"16A. Constitution of State Supervisory Board and Union territory Supervisory Board. (1) Each State and Union territory having Legislature shall constitute a Board to be known as the State Supervisory Board or the Union territory Supervisory Board, as the case may be, which shall ha ve the following functions:— (10) In respect of matters not specified in this section, the State Board shall follow procedures and conditions as are applicable to the Board. † There are no rules and regulations with regard to the powers of the Boards as to in what way the powers have to be synchronised to fulfil their duties and function as specified in the Act. Also, this Section suffers from a serious defect. That is the Section has adopted a very top-down approach, which has been time and again proved to be ineffective and fruitless. Therefore, the approach should have bee a grass-root eve approach. This is even more applicable n the cases of PNDT because of the Act that a good chunk of cases are from rural areas which are very difficult to monitor and control. A Panchayat level machinery working hand in hand with local rural institutions like the Anganwadis and the school would be an idea way to tackle and combat the problem of PNDT. VIII. Also the Act has certain vague and ambiguous terms and expressions like â€Å"eminent† which are very problematic as to how they should be interpreted and put to use. IX. Punishable with imprisonment for a term, which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. The hike in the fines though would be applicable to the urban areas, it’s a mere letter of black and white on the paper when it comes to the rural areas. The rural people who, more often than not are extremely poor, are in no position to pay those high fines, which makes the provisions a redundant provisions. Instead, thee ha to be a mechanism whereby these people can be sensitized to the problems associated with the girl child. It is the firm belief of the author that public awareness is a much better and powerful tool than mere fines, especially with regard to the rural poor. X. A major hurdle in the endeavor to prohibit sex determination and regulation of PNDT techniques is that there is no proper duty laid upon any of he authorities in the Act. There is no penalty attached for non performance of the duties- commission or omission- cast upon the authorities. Especially in the light of the fact that so far the CSB have never met regularly as per the provisions of the Act. XI. The Financial Memorandum affixed to the Bill with regard to the expenses falling under Section 16 A of the Act has no regulation with regard to transparency, a ccountability, and regulatory body. This is very problematic and might just prove to be plunder’s paradise. ——————————————– [ 2 ]. [1] See, http://www. evesindia. com/health/features/reprod_health. html, visited on 10/10/02. | | [ 3 ]. [2] Id.. | | [ 4 ]. [3]In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. See Shailaja Bajpai, India’s Lost Women, World Press Rev. , Apr. 1991, at 49. Also see, Vidya Deshpande, Where have all the girls gone? , http://www. indianexpress. com/fe/daily/19991202/faf28033. html, visited 24/12/02. | | [ 5 ]. [4]John F. Burns, India Fights Abortion of Female Foetuses, N. Y. Times, Aug. 27, 1994, at 5, available in LEXIS, News Library, Curnws File. | | [ 6 ]. [5]Demographers pointing to such numbers have finally forced governments to take notice. Thus, India’s officials banned couples from using â€Å"technical means† to determine the sex of a foetus. The Sexes; Disappearing Girls; In China, India and South Korea, A Gender Gap Causes Worries, Asiaweek, Mar. 3, 1995, at 32 | [ 7 ]. [6]See India Bans Abortions of Female Fetuses; Another Move to Help Protect Baby Girls, Chi. Trib. , Jan. 10, 1996, at 13, available in LEXIS, World Library, Allwld File. | | [ 8 ]. [7] Section 3. | | [ 9 ]. [8] Section 4(4)| | [ 10 ]. [9] Section 4| | [ 11 ]. [10] Section 5(1)(c)| | [ 12 ]. [11] See section 24. Common response to the Act has been â€Å"If I do get arrested, I’ll spend a couple of months in prison, but what’s that compared to a lifetime of misery trying to bring up a girl? â€Å"| | [ 13 ]. [12] Section 17| | [ 14 ]. [13] Section 18| | [ 15 ]. [14] Sections 20-21| | [ 16 ]. [15] Section 22| | [ 17 ]. [16] Section 23| | [ 18 ]. 17] The long title of the Bill that is proposed to substituted the present long title reads as follows:— â€Å"An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto. † | | [ 19 ]. [18] Amendment of section 1 of the Act. | | [ 20 ]. [19] 4. Amendment of section 2. In section 2 of the principal Act,— (i) after clause (b), the following clauses shall be inserted, namely:— ‘(ba) â€Å"conceptus† means any product of conception at any stage of development from fertilisation until birth including extra embryonic membranes as well as the embryo or foetus; (bb) â€Å"embryo† means a developing human organism after fertilisation till the end of eight weeks (fifty-six days); (bc) â€Å"foetus† means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth’ | | [ 21 ]. [20] â€Å"Explanation. — For the purposes of this clause, ‘Genetic Clinic’ includes a vehicle, where ultrasound machine or imaging machine or scanner or other equipment capable of determ ining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used. † | | [ 22 ]. 21] ‘(g) â€Å"medical geneticist† includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining— (i) any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956); or (ii) a post-graduate degree in biological sciences. ’ | | [ 23 ]. [22] Substitution of new section for section 22. -For section 22 of the principal Act, the following section shall be substituted, namely:— 22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention. (1) No person, organisation, Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including clinic, laboratory or centre having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus or sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement, in any form, including internet, regarding facilities of pre-natal determination of sex or sex selection before conception available at such centre, laboratory, clinic or at any other place. See also, Substitution of new section for section 16. –    | | [ 24 ]. [23] Substitution of new section for section 24. For section 24 of the principal Act, the following section shall be substituted, namely:— â€Å"24. Presumption in the case of conduct of pre-natal diagnostic techniques. -Notwithstanding anything contained in the Indian Evidence Act, 1872, the court shall presume unless the contrary is proved that the pregnant woman was compelled by her husband or any other relative, as the case may be, to undergo pre-natal diagnostic technique for the purposes other than those specified in sub-section (2) of section 4 and such person shall be liable for abatement of offence under sub-section (3) of section 23 and shall be punishable for the offence specified under that section. †| | How to cite Female Foeticide, Papers

Friday, December 6, 2019

Cloud computing System

Question: Discuss about the Cloud computing System. Answer: Introduction The present era is that of globalisation and large scale data. With that comes the concept of cloud computing which helps to integrate the various business processes which are spread across borders thus providing a competitive advantage to the organizations. Cloud computing in general connotes a whole new class of network based computing which is done with the help of internet. It has characteristics of wide distribution of information across the globe, easy accessibility irrespective of the location of the user, real time communication and ease in recovery in case of server crashes (Dhar, 2012). The term is a decade old and its novelty and the increased preference among companies have made it an important topic of research. The article is organized is a manner wherein the background and history about cloud computing is discussed, followed by the methodology for research and then the results of the said research is highlighted (Srivastava, 2014). The significance of cloud computing i s finally discussed and a conclusive summary is depicted herewith. Literature Review This section highlights about what cloud computing is and how it is different from the other related concepts such as grid computing. Cloud computing is a newly emerged topic in the year 2006 and has become an important part of a corporate. The definition given by National Institute of Standards and Technology (NIST) has recently received wide spread recognition. It defines the term as a model which is used for convenience, on demand accessibility of network to a large number of computers at the same time rapidly without much of effort from the management. Here the class of network based computing runs on a particular server instead of a local computer or a laptop (NIST, 2016). Thus it enables centralisation of the resources of any organization irrespective of the size of the data. Basis the relationship that exists between a provider and the consumer of cloud services, the cloud computing can be classified as the following: Public Cloud: As the name suggests it is owned and operated by general vendors and accessed by the public at large. Private Cloud: It is private to the organization and maintained within the house, limiting its accessibility to the users within the organization only (Goyal, 2014). Community Cloud: The cloud is shared by various organizations who belong to the same community who have common links and interests. The same may be managed by the organizations as well. Hybrid Cloud: As is understood it is the combination of two or more types of cloud (Jamuna, 2013). However, of the above mentioned types of cloud, cloud computing in general refers to public cloud while others are such variations. The following section highlights the three cloud computing services i.e. Infrastructure as a Service, Software as a Service and Platform as a Service. Infrastructure as a Service (IaaS): It provides infrastructure related services in a virtual manner such as storage and hardware resources with the help of the internet. Cloud infrastructure calls for renting of virtual machines in contrast to the traditional method of renting the physical machines. Example of IaaS are Amazon EC2 and S3 wherein the computing and the storage infrastructure are open to accessibility to all in exchange of a fee (Barber et.al. 2013). Platform as a Service (PaaS): It is a step ahead of IaaS which provides encoding and implementation atmosphere to the users. A PaaS user can create its own applications with help of various programming languages and the APIs supported by the providers post which it can directly position the application on the providers cloud infrastructure in a few clicks. It helps to reduce the pressure on the administration. Googles App Engine is an example of PaaS which gives the users an option to build applications on a similar scalable system that powers the Google applications (Kepes, 2011). Software as a Service (SaaS): It is the most widely used computing service of cloud which provides a complete turnkey of applications to the users serving to cater to the most complex systems as well such as ERP software. Software services are deployed on the cloud and once the users subscribe for the same, they can use the services with the help of browsers (Rao et.al. 2013). This helps to- eradicate the process of installing, running and maintenance of the application on a personal computer. SaaS offers a multi-tenant architecture wherein all the users share same single code base which is maintained by the SaaS provider. However the user data is separated with the help of authentication security policies (Mahesh Kumar, 2014). The said method helps to keep the cost and under control, the load of maintaining the software of the user gets lessened and also is economical since the cost depends upon on-demand pricing. The Salesforce.coms online CRM system is a live example of SaaS However it can be rightly said that these three cloud computing services are related to each other and the former leads to building up of the latter. Cloud computing offers various technological and sociological benefits. The core concept here is centralisation of data services wherein millions of servers are located offering economies of scale. From the point of view of an entity, cloud computing offers a host of benefits such as less cost of computers, less maintenance cost of software. It also ensured improved performance with ease in scalability and instantaneous update of software without much hassle. From the point of view of the environment, it has ensured reduced in the carbon footprint due to virtualisation of the said system which has reduced the cost of air conditioners (Kavitha, 2014). Research Methodology There are four methods of conducting a literature review, Narrative review, Descriptive review, vote counting and meta analysis, of which the descriptive review was found to be the most apt one for cloud computing. Since cloud computing is a recently developed topic, hence not much research has been conducted till date. Due to the same, for conducting a literature review on cloud computing, online databases were used instead of library collections. Four main online database was used i.e. General OneFile, IEEE Xplore, ProQuest and ScienceDirect. Of the same 735 articles which were found online, 205 were shortlisted and were gradually grouped into four main categories i.e. technological issue, business issue, domains and applications and conceptualising cloud computing. Technological Issue: As is understood the said category focuses upon the technology related issues of cloud computing. Researchers have developed various articles and journals who perceive cloud computing as a white box and are curious about the components and its mechanisms. The technological issues are categorized into six sub-categories i.e the performance of the cloud, management of the data, data centre management, software development, service management and security and various articles are researched upon to address these issues (Thomas, 2009). Business Issues: This category emphasis upon the impact of cloud computing on businesses. Here the articles taken, look at cloud computing as a black box technology which has the ability to generate benefits for the business. The said issue is categorized into seven sub-categories i.e. the cost benefit from the view point of a user of cloud, the pricing strategies adopted by the cloud providers, the legality of the cloud computing, application of ethics, how much trust does these business houses have over the providers of cloud, whether privacy of data is being well maintained and lastly how well the said mode of safeguarding the data is adopted by the various business houses (Vouk, 2008). Conceptualising cloud computing: This category talks about cloud computing in general instead of diverting the attention towards any one single aspect. They are further classified only into two sub-categories. Firstly, it regards the articles which talk about the foundational concepts and components of cloud computing. They concentrate upon making the reader well aware about what cloud computing is and what are the key components of the same. Whereas the second category talks about the future of cloud computing and what its impact is on the business world. Domains and Applications: This is one of the most crucial category which talks about the impact cloud computing has on certain domains and applications. This also has six sub-categories i.e. in the e science community who have been long wanting for a power which offers limitless computing power, how cloud computing can be used by the government, its impact on the various educational institutions, integration of cloud computing with mobile technology such as that of Apple, merging of cloud computing and open source so that internet can become network of networks and lastly all such other domains and applications which may not be sued everyday but is important for cloud computing (Yang, Tate, 2012). As discussed earlier, cloud computing takes into account the descriptive approach, thus an overview is provided of the recent developments in cloud computing and the results of the same is presented in the following section. Results and Analysis Of the 205 articles shortlisted, it is understood that prior to 2007, the concept of cloud computing was not much prevalent. However the articles were bifurcated as per the various categories mentioned above. The most widely published research article is that on technological issues in cloud computing followed by the conceptualising cloud computing and domains and applications and lastly business issues. The main lot of articles relate to the technical issues as they are the most crucial determinant for the success of the cloud computing. The concept of cloud computing is very new thus technological issues such as integrity of data, security of the data and performance predictability (Sun et,al, 2014). However, the journals which talk about the business issues clearly show the lack of business perceptions simply because its value is still not fully understood by the business houses. With regards the technological issues, performance improvement has been the main reason for people to switch over to cloud computing but at the same time concerns for data security deters them to adapt the same in totality. Similarly, data management is more popular as compared to the software development as m ost of the users are mainly concerned about storing data on cloud and very few are concerned about hosting a software application on cloud. Of all, service management is of least concern. Next comes the business issues where the various sub-categories are discussed in a more evened out manner. It is not a necessity that cloud computing will suit all types of organizations; hence evaluation of suitability of cloud computing for a particular organization has attracted the interest of many. Unfortunately the two main areas of risk which the business houses perceive while shifting to cloud is that of privacy of data and the legal issues attached to it. However, the biggest reason for any business house to consider cloud computing IT system is the cost saving that it offers. Due to the same many entities have shifted their attention towards investing in cost saving IT investments. Last concern for any organization with regards switching over to cloud computing is trust and same has recently gained importance as the usage and the number of users have increased recently. Conceptualising the cloud computing, caters to 48 articles out of 205 shortlisted. Out of the same, the major chunk is allocated to the introduction/foundational subcategory. Simple reason being that people look for articles which can give them a general overview of what cloud computing is since it is not discussed and prevalent in various universities and educational centres or even the IT companies. Lastly the remaining number of article are allocated to the domains and applications category wherein half of the total number of articles talks about education specifically higher education. This makes it clear that the maximum of users have been the educational institutions and future may see more universities converting their database to cloud (Sultan, 2010). However the most disheartening was to see the number of articles on e science which clearly shows that computing power in e-science community is not much interested. Discussion The main objective behind this literature review was to illustrate what is the significance of cloud computing and how the same has been adopted by various people and business houses across the globe. Dividing the research into four main categories have clearly stated out the various concerns as well as the benefits of switching over to cloud computing. Even though the literature review states that the technological review articles are more than the business issue related yet the same is not comprehensive. The requirement of cloud computing is basically for the complex business houses and hence more review with regards the benefits it can give to them should be highlighted. These articles on technology issues are very much stereotypes as they only focus on the technicalities of the cloud which can be understood by the technical experts only. Business professional look for articles which are written from a more practical view point rather than theoretical. Research articles should be encouraged to be written upon the cloud computing in relation to the business. Next is the adoption which is one of the main theme among the business relate articles. The other sub categories are not given much weightage as to adoption of the said technology by the business houses. Shifting to cloud computing is a major shift in the kind of delivery method adopted for data, thus various important questions related to the same should be asked before the shift is made. Queries such as how does cloud computing impact the current practices of IT management and governance? Whether cloud computing contribute in improving the IT business alignment and IT agility as well? What are the main crucial factors to be considered for successful business model with cloud computing? It is expected that the research in this segment of the IT will grow substantially in the coming years and as per the data it is understood that the same has seen a robust development post 2008. The global recession of 2008 has forced the companies to switch their IT infrastructure to a more cost friendly and resource efficiency. And both these are offered by cloud. Whether an organization should shift to cloud or not and when would depend highly upon their IS policies and organizational distribution of modernism. The organization will look into searching for various questions before implementing the cloud such as will cloud computing help to resolve the IS management issues, will it help to achieve agility or not. Conclusion Although the said article has various imitations such as the samples are basically related to only academic journals. Since cloud computing is industry specific, hence many quality articles which are professional based may also be of great help. The academic interest in exploring cloud computing is huge and wide. This is not an exhaustive review but it still has the capability to give an in depth knowledge about the current research on cloud computing. The study however have been bale to develop the significance of cloud computing by dividing into various categories and sub categories which makes the study more relevant and easily comprehendible also. 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