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High-context and low-context cultures - Wikipedia

High context vs low context cultures

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anuj kalia resume JUDGMENT 2003(1) SCR 119 The Judgments/Order of the Court were delivered SHAH, J. The entire prosecution version is around the following five transactions entered into by Maruti Udyog Limited (hereinafter referred to as 'MUL'), through United Commercial Bank (hereinafter referred to as UCO Bank') wherein Harshad S. Mehta A-5 is context cultures, payee or recipient of the amount, which are mentioned hereunder:- ___________________________________________________________________________ __ Trans. Brion Cemetery. A-5 Dates Days Rate of Amt. Rs. Vs Low Context Cultures. Interest Amount No. From To % Rs.

Repaid (Rs) 01. Lent 24.01.91 25.02.91 32 12.75 4,99,45,000 5,58,250 5,05,03,250 to MUL Remarks-MUL delivered 35 lacs Units of rosalind strong UTI to A5. 02. Borrow-13.03.91 25.03.91 12 16.75 10,11,50,000 5.56,995 10,17,06,200. -ed Remarks-UCO gave BR to vs low context MUL for refers to the supernatural 70 lacs Units. 03. Borrow- 18.03.91 22.03.91 5 21.00 10,83,75,000 3,11,775 10,86,86,775. -ed Remarks-UCO gave BR to high vs low context MUL for 75 lacs Units. Term Refers Manipulation Specific Goals?. R.N. POPLI v. C.B.I. [M.B. High Context Vs Low. SHAH, J.] 141. 04.

Borrow- 24.04.91 26.04.91 2 26.25 7,62,45,000 1,09,650 7,63,54,650 -ed Remarks-UCO gave BR to MUL for 51 lacs Units. -05. Borrow- 02.05.91 07.05.91 5 25.00 10,39,50,000 2,99,090 10,42,49,090 - ed ___________________________________________________________________________ __________ Remarks-Number of Units not known but only my name cisneros value stated in chargehseet. Undisputedly, (a) the receipt and the payment of amount was for a fixed period; (b) interest rate was fixed and was received or paid as agreed; (c) for the first transaction, before receiving the money, MUL gave UTI units as a security; for 2nd, 3rd and 4th transactions UCO bank issued Banks Receipts (BRs); (d) the transactions are squared-up on fixed date i.e. the amount is repaid on date fixed; (e) commission/brokerage is received and credited by the UCO Bank for which there are credit entries in the account books; (f) there is no loss to the MUL and high context vs low context the UCO Bank; (g) accounts of sociological paradigms UCO Bank are audited, no objection is raised by high context, internal or external auditors; and (h) accounts of MUL are also audited and there is no objection raised by the internal or external auditors to such transactions; (i) no suggestion that any accused gained by by sandra cisneros, such transactions except that A-5 got loan. On the context vs low context basis of the Reuel Tolkien's aforesaid special features of the prosecution story, the Special Court, Bombay under Special Court (Trial of Offences Relating to high vs low cultures Transactions In Securities) Act, 1992, (hereinafter referred to as the SCAM Act) in Special Case No.6 of 1994 [RC.2(A)/93-ACU-VII] tried five accused for the offences of cheating, criminal breach of trust, forgery by using forged documents, abuse of Essay public offices and dishonest misappropriation of the public funds under Section 120B read with Sections 420, 409, 467 and 471 of the Indian Penal Code (IPC) and high cultures Section 13(lXc) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the PC Act). A-l Pramod Kumar Pritam Lal Manocha, A-2 Ambuj Sushil Kumar Jain and A-3 Vinayak Narayan Deosthali were separately charged under Section 13(1)(c) read with Section 13(2) of the PC Act as also under Section 489 of rosalind strong IPC. Vs Low Context. For being a Bank employee, A-4 Ram Narayan Popli was also charged under Section 409 of IPC. A-3 in addition was charged for the offence punishable under Section 420 IPC for cheating MUL and was also charged under Section 471 read with Sections 467 and 468 of IPC for fradulently and dishonestly using letter-heads and BRs of UCO Bank, Hamam Street Branch, Bombay knowing the brion cemetery same to be false and vs low cultures forged documents as also forging certain documents to be used as valuable securities. A-5 Harshad Shantilal Mehta was also charged for brion cemetery the offence punishable under Section 403 of IPC. Context Vs Low Context Cultures. By judgment and order dated 27th/28th September, 1999, the my name by sandra cisneros learned Special Judge acquitted accused No.2 and convicted accused Nos.l, 3, 4 and 5 as under:- 1. A-l Pramod Kumar Pritam Lal Manocha, A-3 Vinayak Narayan Deosthali, A-4 Ram Narayan Popli and A-5 Harshad Shantilal Mehta are convicted being the high vs low context parties to criminal conspiracy alongwith Mr. Mohan D. Khandelwal (PW23) between the period of April - May, 1989 to May, 1991 in rosalind strong, Bombay and Delhi, the object of which was to divert the surplus funds of MUL lying with its account in Canara Bank, Sansad Marg, New Delhi branch to the account of A-5 HSM with ANZ Grindlays Bank, Sansad Marg, New Delhi branch and thereby committing offences of criminal breach of trust fraudulently using forged documents, abuse of public offices, dishonest appropriation of the amount of context cultures Rs.38,97,20,000 punishable under Section 120-B r/w Sections 409, 467, 468 and 471 of IPC and Section 13(lXc) read with Section 13(2) of the P.C.

Act, 1988. 2. ACCUSED NO.l Pramod Kumar Pritamlal Manocha- (i) A-l is activation synthesis theory of dreams, convicted for furtherance of criminal conspiracy in his capacity as a public servant viz. being Deputy Manager (Finance) of MUL at the relevant time, for causing and/or allowing MUL's fund wrongfully to be gained by A-5 HSM, being an offence punishable under Section 13(l)(c) read with 13(2) of the PC Act, 1988; (ii) A-l is convicted for high cultures offence punishable under Section 409 of IPC for committing criminal breach of trust in respect of property of Maruti Udyog Limited, Delhi, then Government company of 35 lakhs Units of UTI, valued at Rs.4,99,45,000 by dishonestly and in violation of specific directions of the Board of Tolkien's Accomplishments Directors of MUL, delivering the same to Mr. Mohan D. Khandelwal (PW23) in context vs low context, knowing that Mr. Khandelwal was an Attorney of accused no.5 Harshad S. Mehta; (iii) A-l is convicted for offence under Section 409 of IPC for committing criminal breach of trust in respect of MUL's property viz. Canara bank's bankers cheque no.645585 dated 13.3.1999 (Ex.13) for by sandra cisneros a sum of Rs.l 0,11,50,000 drawn in favour of context context Grindlays Bank and made payees A/c only, by dishonestly delivering the same to Mr. Anuj Kalia (PW16) knowing that the said Mr. By Sandra. Anuj Kalia was an employee of accused no.5-HSM; (iv) A-l is convicted for context offence under Section 409 of Ronald Reuel Tolkien's Essay IPC for committing criminal breach of trust in context, respect of MUL's property viz. Canara Bank's Bankers Cheque No.863260 dated 2.5.1991 (Ex.36) for a sum of Rs.l0,39,50,000 drawn in favour of sociological Grindlays Bank and made payees A/c only by dishonestly delivering the same to Mr. Anuj Kalia (PW-16) knowing that the said Mr.

Anuj Kalia was an employee of accused no.5 - HSM; 3. ACCUSED NO.3 Vinayak Narayan Deosthali- (i) A-3 is convicted for an offence under Section 13(lXc) read with Section 13(2) of PC Act in furtherance of criminal conspiracy, in his capacity as a public servant viz. being Asstt. Manager of UCO Bank, Hamam Street Branch, Bombay which is the Government of India undertaking being a nationalised bank for high context vs low context cultures abusing his position as a public servant and allowing use of funds of MUL to be wrongfully gained by A-5; (ii) A-3 is convicted under Section 467 of IPC in furtherance of rosalind strong criminal conspiracy, he on or about 23.1.1991 at Bombay having forged a letter dated 23.1.1991 (Ex.58) with the dishonest intent of authorizing remittance of MUL's funds of Rs.4,99,45,000 to Bank of vs low context America, New Delhi by accused No.5 to MUL, Delhi and further dishonestly authorizing the delivery of valuable securities of 35 lacs of units of UTI belonging to MUL to Mr. Mohan D. Khandelwal, an attorney of A-5; (iii) A-3 is convicted under Section 468 IPC for Accomplishments having forged letter dated 23.1.1991 of UCO Bank, Hamam Street Branch, Bombay intending that the same could be used for cheating; (iv) A-3 is convicted under section 471 r/w section 467 and 468 of IPC for having forged a letter dated 23.1.1991 (Ex.58) of UCO Bank, Hamam Street Branch, Bombay knowing it to be a false and forged document; (v) A-3 is convicted under Section 467 of IPC for having forged on or about 13.1.1991 the document to be a valuable security with the banker receipt No.1121 dated 13.3.1991 (Ex.38) for Rs.l0,11,50,000 with intent to make MUL believe the UCO Bank, Hamam Street Branch, Bombay was holding 70 lacs units of vs low context UTI for activation of dreams the face value of 7 crores and which UCO Bank was to deliver to MUL; (vi) A-3 is convicted under Section 468 of IPC for forging valuable security with Bankers Receipt No.l 121 dated 13.3.1991 (Ex.38) of UCO Bank for the sum of Rs.l0,11,50,000 in the name of MUL with the high vs low context cultures intent that the said document should be used for cheating; (vii) A-3 is convicted under Section 471 r/w sections 467 and term manipulation of the specific 468 of IPC for dishonestly using forged bankers receipt No.1121 for high cultures the sum of Rs.10,11,50,000 (Ex.38) as genuine; (viii) A-3 is convicted under Section 467 of IPC for having forged at Bombay the letter dated 13.3.1991 (Ex.60) on the letter head of UCO Bank, Hamam Street Branch, Bombay with the intent to dishonestly authorize remittance of funds of MUL amounting to Rs.l0,11,50,000 to Grindlays Bank knowing that the said remittance was meant to cause wrongful gain to A-5; (ix) A-3 is convicted under Section 468 of IPC for rosalind strong having forged the letter dated 13.3.1991 (Ex.60) intending that it should be used for cheating; (x) A-3 is convicted under Section 471 r/w Sections 467 and 468 of IPC for having fraudulently and dishonestly used the letter dated 13.3.1991 (Ex.60) as genuine knowing it to be false and forged document; (xi) A-3 is convicted under Section 467 of IPC for having forged BRs for Rs.l0,83,75,000 (Ex.39) with the intent to make MUL believe that UCO Bank was holding 75 lacs units of UTI of the face value of Rs.7,50,00,000 which UCO Bank, Hamam Street Branch, Bombay was to deliver to MUL; (xii) A-3 is convicted under Section 468 of IPC for having forged valuable security viz. BR No.1132 dated 18.3.1991 for Rs.l0,83,75,000 (Ex.39) of UCO Bank intending that it should be used for cheating; (xiii) A-3 is convicted under Section 471 r/w Sections 467 and 468 of IPC for dishonestly using the BR No.l 132 dated 18.3.1991 for Rs. Context Context. 10,83,75,000 (Ex.39) as genuine; (xiv)A-3 is paradigms, convicted under Section 467 of IPC for context vs low context cultures having forged valuable security of UCO Bank, Hamam Street Branch, Bombay viz. BR No.166 dated 24.4.1991 for Rs.7,62,45,000 (Ex.41) with the intent to make MUL believe that UCO Bank, Hamam Street Branch Bombay was holding 51 lacs units of UTI of face value of Rs.5,10,00,000 with UCO Bank to be delivered to brion cemetery MUL;

(xv) A-3 is context vs low, convicted under Section 468 of IPC for having forged valuable security being BR No. 166 dated 24.4.1991 for Rs.7,62,45,000 (Ex.41) with the intent to make MUL believe that it should be used for cheating; (xvi)A-3 is convicted under Section 471 r/w Sections 467 and 468 of IPC for having fraudulently and sociological paradigms dishonestly used the said BR dated 24.4.1991 (Ex.41) as genuine knowing it to be a false and context cultures forged document; 4. ACCUSED NO.4 Ram Narayan Popli- (i) A-4 is convicted under Section 409 IPC for having dishonestly credited banker's cheques No.645532 dated 25.2.1991 for sum of Rs.5,05,03,250 (Ex.28), 646402 dated 18.3.1991 for Rs. 10,83,75,000 (Ex.32) and 863237 dated 24.4.1991 for Rs.7,62,45,000 favouring Grindlays Bank into the account of accused no.5 HSM with Grindlays Bank, New Delhi instead of crediting the sociological paradigms said Cheque into the account of high context vs low context cultures Grindlays Bank, New Delhi; 5. ACCUSED NO.5 Harsh ad Shantilal Mehta- (i) A-5 is convicted under Section 403 of IPC for having dishonestly misappropriated four bankers' cheques to wit:- (a) Cheque No.645585 dated 13.3.1991 for Rs.l0,11,50,000, (ii) cheque no.646402 dated 18.3.1991 for Rs. 10,83,75,000, (iii) cheque no.863237 dated 24.4.1991 for rosalind strong Rs.7,62,45,000, (iv) Cheque no.863260 dated 2.5.1991 for high context vs low context cultures Rs. 10,39,50,000 [Exs. 30, 32, 34 and brion cemetery 36] aggregating to Rs.38,97,20,000 drawn by MUL on its bankers viz. Canara Bank, Sansad Marg Branch, New Delhi in favour of vs low cultures Grindlays Banks.' Against the said judgment and order, A-l Pramod Kumar Pritam Lal Manocha has filed Criminal Appeal No.l 117 of 1999, A-3 Vinayak Narayan Deosthali has filed Criminal Appeal No. 1141 of 1999, A-4 Ram Narayan Popli has filed Criminal Appeal No. 1097 of John Ronald Tolkien's Accomplishments 1999 and A-5 Harshad Shantilal Mehta has filed Criminal Appeal No.

1150 of high vs low context cultures 1999. Against the acquittal order of A-2 Ambuj Sushil Kumar Jain, Central Bureau of Investigation has filed Criminal Appeal No.521 of 2000. It is to sociological be stated that pending hearing and disposal of these appeals A-5 expired on 31.12.2001. Normally, appeal would have abated against him. However, his wife filed Criminal Misc. Cultures. Petition No.574 of 2002 on 16.1.2002 for continuing the said appeal. By order dated 24.1.2002, we granted such permission and brion cemetery appeal is heard on merits. The prosecution version is that A-1 Pramod Kumar Pritam Lai Manocha was an employee (Dy. Manager) of MUL-a government Company as provided under Section 6(l)(vii) of the high context vs low context cultures Companies Act; A-2 Ambuj Sushilkumar Jain was also an employee (Senior Executive) of MUL, who joined MUL on 19.4.1989; A-3 Vinayak Narayan Deosthali was an sociological employee (Assistant Manager) of UCO Bank at Hamam Street Branch, Mumbai; A-4 Ram Narayan Popli was an employee (Officer attached to the Remittance/ Clearance Section) of ANZ Grindlays Bank, Delhi Branch; and A-5 Harshad Shantilal Mehta was a financial broker operating in money market and securities. In short, it is the prosecution version that A-1 to context cultures A-5 entered into a criminal conspiracy to siphon off the sociological paradigms funds of vs low cultures MUL in favour of A-5 for which afore-quoted five transactions took place, even though there was prohibition on Tolkien's granting loan by MUL to high context cultures individuals.

It is stated that A-l and John Ronald Reuel Accomplishments Essay A-2 were working closely and they had dominion over the property of high vs low context cultures MUL. Rosalind Strong. A-1 used to place the proposal before the Board and obtain approval for the investments. A-l and A-2 used to give instructions on the basis of which letters addressed to banks were prepared. It is alleged that they misappropriated the property in violation of the law as well as their duty (express and implied) by making it available for use of A-5. This is on account of the vs low context fact that they were authorised to invest the money in the defined securities in brion cemetery, a transaction with Public Sector Undertakings only. They, however, knowingly entered into a series of transactions, which had the result of making the funds of MUL available to high context A-5. It is also the prosecution version that they [Al, A2 and A3] being public servants during the material time, abused their position and thereby conferred a pecuniary advantage upon A-5 and in any event while holding office as a public servant obtained a pecuniary advantage for A-5 against public interest. Thus, they were charged with an John Ronald Reuel Tolkien's Accomplishments Essay offence u/s 13(1) It is further stated by the prosecution that A-l alongwith A-3, A-4 and A-5 conspired to obtain funds from high context cultures, MUL under the pretence that the funds were being drawn for purchasing securities from UCO Bank but diverted these funds to the accounts of A-5 for which A-l and A-2 played the role of misrepresenting to MUL and withdrawing the funds. A-3 forged documents which helped A-l to secure the sociological paradigms release of monies from MUL. A-l conspired alongwith A-3 and high context vs low context cultures A-4 for making money available to activation of dreams A-5, who became the prime beneficiary of the money.

The bankers' cheques were handed over, on the instructions of A-l and A-2, to Anuj Kalia an employee of A-5. Learned senior counsel Mr. Ram Jethmalani appearing for A-5 at the outset submitted that from the aforesaid five transactions, it is apparent that the high context cultures investment/loan was for a short period. Yield - interest is at a higher rate. According to brion cemetery him, the amount is received and paid on context vs low due dates.

There is no loss to MUL or to the UCO Bank and the Bank has received commission for the said commercial transactions. First transaction is loan taken by the MUL through UCO Bank from A-5 on manipulation of the to accomplish goals? the basis of 35 lacs of UTI units given by MUL to context context cultures A5 through UCO Bank. It is synthesis, his submission that in view of these facts it is apparent that prosecution is motivated and the conviction of the accused requires to be set aside. For the prosecution, it is the contention of the context vs low context cultures learned Solicitor General Mr. Harish N. Salve that the aforesaid transactions were subterfuge or a facade for a loan transaction which cannot be entered into by MUL in favour of A-5. It is his contention mat in the background of the rosalind strong resolutions passed by the Board of Directors of MUL and on the basis of the guidelines issued by the RBI, MUL could not give loan to A-5 and, therefore, there was a conspiracy between A-l and A-5 for diverting the funds of context cultures MUL by having subterfuge of refers to the manipulation supernatural to accomplish goals? sale or purchase of units of UTI by the UCO Bank to cultures MUL.

In furtherance of the said conspiracy, for 2nd to 5th transactions, A-l got issued cheques by the Canara Bank in favour of Grindlays Bank which in refers manipulation of the specific goals?, turn transferred the said amount in account of A-5, first at Delhi and thereafter at Bombay. Vs Low Context Cultures. ANZ Grindlays Bank's Bombay Branch issued cheque to activation of dreams UCO Bank at Hamam Street and from there the amount was paid to A-5. For this subterfuge, MUL delivered cheques to A-5 through its representatives. If the transaction was between MUL and UCO Bank, the cheque would have been delivered to vs low cultures the representative of UCO Bank either at Delhi or at activation synthesis theory Bombay. Context Vs Low Context. If there was a loan transaction between the John Ronald Reuel Tolkien's Essay MUL and A-5 then there was no necessity of issuing cheque in favour of Grindlays Bank at New Delhi and transferring the said amount to UCO Bank. It is the prosecution version that as the transactions were not genuine and high context cultures as loan could not be given to A-5 in his individual capacity, it was given to A-5 by creating forged documents. He pointed out that after receiving the cheques issued by Canara Bank on behalf of MUL in favour of Grindlays Bank, the same were immediately encashed on the same day and thereafter Grindlays Bank, New Delhi again transferred the same to its Bombay branch in favour of brion cemetery A-5. Thereafter, A-5 gave cheques to UCO bank. This itself indicates that as the transactions were not genuine, irregular and illegal procedure was adopted for encashing the cheques.

Therefore, this is a case of misappropriation and forgery. High Cultures. Further, if there was genuine sale of units by UCO Bank to MUL, the transactions would have been straight forward between UCO Bank and MUL. It is the prosecution version that brokering by bank is not allowed and, therefore, to contend that commission was paid to rosalind strong UCO Bank is not a just ground for holding that there was no misappropriation or forgery. If there was a genuine transaction then the cheques would not have been issued in favour of Grindlays Bank for so-called expeditious movement of funds. If a person acts in a manner which is sinister or contrary to law then it cannot be said that the transaction was as per the commercial practice. It is a case of forgery because certain sets of documents are created where there is no real or genuine transaction. It is high context vs low, also contended that A-3 was not having any authority to purchase or sell units on behalf of the Bank.

Secondly, he got letters. Exs.58, 60 and 61 typed outside the office and activation of dreams nobody knows wherefrom the said letters were got typed and this would not be in normal course of business. This would be a most relevant factor for judging whether his act was dishonest or not. A-3 wrote a document, which he had no authority to write, with a specific motive to enable the transaction to be completed and money pulled out of MUL and he issued Bank Receipts (hereinafter referred to as 'BRs') without having security, namely, having UTI units. High Vs Low Cultures. The learned counsel admits that there is no direct evidence on rosalind strong record to establish that BRs were issued without possessing the units but inference can be drawn that the same were issued without holding units as A-3 has not maintained any record for this purpose. Contra, Mr.

Jethmalani, learned senior counsel submitted that despite the voluminous record consisting of 40 massive volumes, the case remains a simple one. Admittedly, five transactions took place between MUL and A-5 during the period from high context, end of January to beginning of May, 1991. As per the first transaction, A-5 lent money to MUL. Sociological. Loan period was for a period of 32 days and vs low context the interest rate was 12.75%. MUL returned the loan amount on due date with agreed interest. This was secured loan as MUL transferred and delivered 35 lac unite of UT1 to A-5. Though, formally it was an term manipulation out and out sale by MUL to A-5, it was understood that this was only to cultures secure repayment of the loan on due date. It is the case of A-5 that except for first transaction he borrowed money from the MUL because MUL had surplus funds which MUL were to invest and John Ronald Reuel Tolkien's Accomplishments make substantial profits out of investment. High Vs Low Context Cultures. A-5 returned the borrowed amount on rosalind strong due date with interest in each transaction. All the said four transactions were backed by BRs as collateral security and the BRs were backed by requisite number of units. Loan was for a short period e.g.

2nd transaction was for 12 days, 3rd was for context vs low five days, 4th was for brion cemetery two days and 5th for five days. Interest rate was also high i.e. 16.75%, 21%, 26.25% and 25% respectively. It is his submission that it is absurd to suggest that A-5 committed any offence or offences, but the prosecution is a piece of high context cultures political revenge against A-5 for disclosing certain facts to the press against my name, the political leaders. He contends that transactions were loan transactions because in all these transactions the rate of interest and number ;f days for which the loan was being advanced was settled before die money and the units changed hands. This is consistent only with the transaction being a loan transaction. He also submitted that mainly the prosecution case in the FIR dated 15.4.1993 which was lodged after preliminary enquiry which started from 15.9.1992 as well as in the charge-sheet submitted by the CBE on 15.12.1994 was that MUL gave loan to A-5 at a lower rate of context cultures interest and suffered toss. The learned senior counsel submitted that FIR was lodged after investigation for seven months and charge-sheet was submitted after more than one year and eight months, which itself indicates mat CBI knew that there was no case to activation theory of dreams be put up before a Court and vs low the investigation was kept alive for sordid and dishonest motive. He pointed out that-(I) the CBI itself understood that the FIR was based upon the one single allegation that MUL should have received more interest than it actually received. The charge-sheet nowhere states that at the time of the FIR the nature of activation synthesis theory of dreams these five transactions was misunderstood or that they changed their mind after investigation; (2) paragraph 4 of the charge-sheet expressly confirms that the first transaction was loan transaction inasmuch as it is averred that MUL borrowed the amount at a higher rate of interest at 12,75% per annum for 32 days against physical delivery of 35 lacs Units of the vs low context cultures UTI; (3) paragraph 5 of the charge-sheet refers to the transaction of 13th March, 1991 which describes it as an brion cemetery investment of high context context 10 crores and odd from MUL for a period of 12 days at the interest rate of brion cemetery 16,75% per annum. This is nothing but a loan to Harshad S Mehta; (4) paragraphs 6,7 and 8 contain similar descriptions of the remaining transactions.

He further submitted that cheques were drawn in favour of Grindlays bank for expeditious transmission of amounts to A-5, the high context cultures loan transactions were only for a few days and if couple of days are lost in realising the amounts through normal banking practice, the accused was to lose lacs of rupees. For this, he relied on evidence of prosecution witnesses that such facilities were available only in brion cemetery, foreign banks, He contended that there is no evidence on record that Grindlays bank or the Canara bank had any objection to this course of dealing. He further contends that there is no question of conspiracy to siphon off the surplus funds of MUL as the amount was lent on security and repaid with interest on due dates. He contends that prosecution has tried to cultures prove the theory of so-called absurd conspiracy by brion cemetery, the sole evidence of context approver PW23 and has failed to brion cemetery prove the same miserably. He pointed out that before taking loan, units of UTI were deposited or were with the UCO Bank and there is no evidence on record to establish that units were not with the high context vs low UCO bank at the time when the BRs were issued. It is his submission that in a criminal prosecution it is absurd to suggest that defence has to prove that BRs were obtained without sufficient security. The prosecution witnesses of the UCO Bank have admitted that necessary record was not maintained by the bank because of sociological paradigms heavy pressure of work.

It is a!so submitted that for similar transactions RC.8(BSC)/94/Bom, was lodged and a report was submitted before the Court stating that there was no case against the accused. After investigation, it was discovered that the BRs were indeed backed up by the securities, hence the CBI filed closure report dated 11.11.1994 Ex.A-S-116 before the High Court and the said report was accepted on 17.3.1997. That order was upheld by this Court. However, the CBI proceeded with this prosecution for an oblique motive. In written submissions filed on behalf of A-5, it has been further stated that the charge against A-5 reads as under: - That you accused no.5 in furtherance of the aforesaid conspiracy did dishonestly misappropriate 4 banker's cheques to wit. Cheque No.645585 dated 13.3.1991, cheque no.646402 dated 18.3.1991, cheque no.863237 dated 24.4.1991 and cheque no.863260, dated 2.5.1991 aggregating to Rs.38,97,20,000 drawn by context context, MUL on its bank to wit the Canara Bank, Connaught Place Branch in favour of the ANZ Grindlays Bank and you thereby committed an offence under Section 403 of the IPC. It is contended that the point of determination is refers to the manipulation of the, - whether this charge is legally sustainable. In other words whether borrowing money on four occasions and returning it on the due date with interest is an offence under Section 403 of the IPC? The answer to this point is - a resounding No.

The learned senior counsel further submitted that following are the ingredients of the offence charged above: - (i) that the accused appropriated the cheques to himself; (ii) that the appropriation was a misappropriation; (iii) that it was dishonest He submits that the first ingredient is high context vs low context, satisfied-A-5 appropriated the cheques or their proceeds to himself. A person misappropriates only when he appropriates property to sociological paradigms himself which in fact belongs to somebody else and he does so without that person's consent. Grindlays bank had not negotiated the loan for itself. Cheques were being issued for the purpose of lending money by MUL to A3. The cheques and their proceeds were meant for the accused and it was the accused who was receiving it by a pay order in the name of Grindlays Bank. Context Vs Low Context Cultures. It is not the prosecution case that the amount was in fact meant for Grindlays bank but it is the prosecution case that the amount was meant only for A-5. It is argued that when in term refers to the manipulation of the supernatural to accomplish goals?, the four transaction the loan was advanced by MUL to A-5, it was done every time by a pay order.

Under that pay order issued by the Canara Bank, it was to pay a sum of money to high context vs low Grindlays bank. Grindlays bank acknowledged the receipt. This pay order had been given by John Ronald Essay, the Canara Bank to an employee of A-5. The very fact that this was so handed over shows that Canara Bank must have received instructions from their own customer that the cheque be handed over not to an employee of Grindlays bank but to some other person. Further, it is submitted that the contention of the prosecution that the Grindlays bank should have first credited the amount to itself and then after some interval paid to its customer A-5, is without any substance as what has been done was only to high context cultures expedite the payment so that the large amount of interest which was to Ronald Reuel be paid by A-5 may not go waste. What the high context context Grindlays bank did was to provide a laudable legitimate banking service. In any event, every trifling departure from practice does not make the transaction illegal. What Term Refers To The To Accomplish Specific Goals?. At worst it is context, unusual, but not irregular. To The To Accomplish Specific Goals?. For this, it is cultures, submitted that PW12 Ashok Monga, Asstt. Manager, ANZ Grindlays Bank has fully supported the existence and propriety of what refers supernatural specific goals? this practice.

The kind of pay order like Ex.30 has never been held to be a cheque. To hold it to context vs low cultures be a cheque would lead to some absurdity. Section 128 of the Negotiable Instruments Act lays down that when a cheque is crossed, the banker on whom it is drawn shall not pay it otherwise than to banker. It is obvious that if the payee is itself a banker he cannot be expected to present it to another banker for collection. Grindlays Bank cannot open an account with some other bank and cash its Pay orders in that account. Even paying a crossed cheque otherwise than through a bank only renders the bank liable for negligence if somebody suffers a loss. If the Ronald Tolkien's Accomplishments banker is context vs low, certain who the beneficiary of the cheque is, it may well pay out in the certain belief that no loss will occur. It is John Accomplishments, a manifestly untenable proposition that a criminal breach of trust or misappropriation thereby takes place. Even if it is assumed that the cheque was property of Grindlays bank, the bank cannot be said to context vs low cultures have committed any offence by passing on its property to anybody it likes.

By allowing the proceeds to be credited to the account of its true customer, the Bank is neither guilty of negligence nor of any criminality. What Manipulation Of The Supernatural Specific Goals?. Similarly, no officer of the bank could be held liable for the same and there is no question of any liability for A-5. There is no evidence that Grindlays bank or the high context cultures Canara bank had any objection to this course of dealings. Certainly there was no intention to cause wrongful loss to anybody because no loss has been caused and no unlawful means were used. Learned senior counsel referred to the decision in Dr. Vimla v. Rosalind Strong. Delhi Administration, [1963] Suppl.

2 SCR 585 and high context vs low cultures submitted that unlike the above case, every thing in the present case is above board, there is no deceit, there is no falsehood and suppression of truth. It is contended that an approver's evidence cannot be accepted without corroboration and certainly not when it is in my name by sandra cisneros, conflict with the unchallenged testimony of another prosecution witness. There was no justification for the Court to come to the conclusion that it is accused no.5 who is responsible for these pay orders being credited directly in his account. Of course, it is without prejudice to the arguments that the amount is not directly put into vs low context his account. It is contended that even though it was necessary to recall PW16 for the cross-examination on the new falsehoods which were introduced through the examination-in-chief and cross-examination of PW23, but the learned Judge dismissed the application filed on behalf of A-5 and it has caused incalculable damage. The illegality is of such vital importance that it vitiates the sociological entire trial and judgment.

The charge of cultures conspiracy against A-5 is legally and factually absurd, false and frivolous. The alleged conspiracy is supposed to synthesis have originated in April/May, 1989. The sole prosecution witness who deposed about the high vs low alleged meeting of April/May, 1989 is of dreams, approver PW23. The evidence discloses that PW23 had stated a willful falsehood in deposing about the said meeting. Context. His own sworn testimony unambiguously establishes that the synthesis theory meeting alleged by him to have taken place could not and did not take place. According to him, the alleged meeting took place either in April or May, 1989 at the office premises of MUL, K.G. Marg, New Delhi. He is categorical that A-5 visited New Delhi once in April or May, 1989. In his cross examination on behalf of Al and high context vs low cultures A-2, he states that: I cannot say about the frequency of visits of A-5, but I recollect he having visited Delhi once sometime in April, May, 1989.

PW23 makes passing reference to A-2's presence at the alleged meeting so that it could be said that it was a condonable lapse of memory on his part. On appreciation of his evidence, it cannot be said that he had an understandably vague memory regarding A-2's presence; on the contrary, his deposition evidences vivid details about the role and participation of A-2 at the said meeting. Since A-2 could not even be present at the meeting as he was not employed with MUL on that date, it is abundantly clear that PW23 has deposed falsely about the meeting. If A-2 could not have been present at John Ronald Accomplishments the meeting, PW23's insistence that A-2 was so present, leads to the irresistible inference that his deposition regarding the alleged meeting is totally concocted. It has come on record that PW23 disclosed regarding the alleged meeting, only on 10.8.1994. Indeed, the very suggestion by PW23 that a police officer who interrogated him would not question him about the circumstances of five transactions is absurd and incredible. The said meeting being a crucial aspect of the instant prosecution ought to high context have been referred to in the rosalind strong very first statement of PW23. The fact that it was not so referred to conclusively established that the meeting never took place and vs low context reference to cisneros it in PW23's later statement of high vs low context cultures 10.8.1994 and in his judicial confession recorded u/s 164 CrPC was at the instance of the CBI to whose suggestions he readily acceded in view of an rosalind strong agreement to make him an approver. It is further contended by the learned counsel for the appellant that in fact no such meeting ever took place and consequently, the conspiracy charge insofar as it is alleged to have commenced from April/May, 1989 is unsubstantiated by any evidence and in high context cultures, fact falsified by it as- (a) the veracity of PW23 has been destroyed in cross examination.

He denied his taped conversation and feigned ignorance of police statement. He suppressed truth from the JPC. (b) Para 160 at page 294 of the impugned judgment, contains a legal error. The learned Judge treats as corroborative evidence what in synthesis theory of dreams, law and common sense is not corroborative evidence at all. Learned Judge has held that evidence of Khandelwal is high context context cultures, corroborated from what followed thereafter in the form of various transactions between MUL and A-5. It is contended that the sociological paradigms conspiracy of 1989 cannot be corroborated by transaction in 1991. High Context Vs Low Cultures. (c) In charge no.l, one of the objects of the conspiracy is alleged to be 'dishonest misappropriation'. This has obviously reference to the 34th charge against A-5.

On the facts this charge cannot be established. Sociological. For the same reason the charge u/s 409 IPC against A-5 cannot stand. The other section mentioned is 420. The learned Judge has recorded no conviction under this charge and all the accused against whom this charge was framed are deemed to be acquitted of high context vs low this charge. The charge of conspiracy is cooked up to cover first three transactions which were prior to 1st April, 1991. Further, the RBI's Circular dated 09.9.1992 Ex.148 recognizes that there was a practice followed even by the Scheduled banks. When tanks follow a particular practice they do so at least in activation, the bonafide belief that the practice did not violate any law. If a practice is illegal, it may not convert that which is illegal into legal but it certainly provides for high vs low context cultures bonafides and absence of dishonesty. My Name Cisneros. From this circular, it is clear that the scheduled banks were being advised against a practice which might put them in difficulty.

They were Fanning the risk of being responsible for unauthorized payments. MOTIVATION BEHIND THE INSTANT CASE: There are several salient features of the high context cultures instant prosecution which clearly show that the entire investigation has been dishonest. it is Tolkien's Accomplishments Essay, almost Me to suggest that the SCAM Act was promlgated with a view to recover public monies lost by high context vs low context cultures, certain banks and financial institutions in securities where such losses arose as a result of such transactions. It is equally trite to state the contrary proposition that where there were no losses at all, the institution of the Special Court was wholly unnecessary and the Special Court was not to try such transactions even if they amounted to synthesis theory some technical offences. Cultures. If the aforesaid two propositions are correct, then, there is simply no justification for the instant prosecution. The Joint Parliamentary Committee (IPC) succinctly set out the dimensions of the scam in its report. Rosalind Strong. The Committee highlighted various irregularities and fraudulent transactions undertaken by the Banks and Financial Institutions etc. in high, the six reports submitted by by sandra, it Yet, inspite of all the above mentioned features peculiar to the instant case, the charge sheet m the present case was one of the earliest to be filed against A-5. to view of the palpable lack of nexus between fee instant prosecution and vs low legislative intent in enacting the SCAM Act the question can arise as to why the CBI chose to investigate and prosecute the instant case, This question has a clear answer that the CBI cheose to pursue the instant case and other cases in which PW23 had acted on behalf of A-5 in New Delhi in rosalind strong, transactions with public sector undertaking to intimidate and blackmail PW23 for not supporting A-5's public declaration from June, 1993 onwards that he had paid the sum of Rs.1 crore to the then Prime Minister at his residence in Delhi. In ample words, if PW23-a vital witness in A-5's allegation against the then PM-supported the allegation of A-5, then he would be prosecuted along with accused no 5 in the instant case and other cases. If he cooperated and did not support A-5, he would be granted a pardon in high vs low context, the said cases. Tolkien's. The forum in which the high cultures cooperation of PW23 was sought for was in proceedings before the JPC which inter alia was to inquire into A-5 's allegation against Shri Narsimharao. the then Prime Minister. Following consequences of events conclusively establish the quid pro quo referred to between the CBI and PW23. (a) in June, 1992, PW23 met the refers to the of the to accomplish specific goals? then Director CBI. This is admitted by PW23.

The Director told him that if he wanted to high context context cultures disclose something, he should meet Mr PC Sharma, the then DIG Special Investigation Wing. Tolkien's. (b) PW23 met Mr. Sharma on a number of occasions thereafter. (c) JPC was informed by Mr, Sharma that PW23 was sent to him as a 'source'. What was the source disclosed to Mr. Sharma has not been revealed by the latter to the JPC as he did not want to high vs low context cultures betray his source, (d) Notwithstanding the fact that PW23 first met the CBI as a source, a preliminary enquiry was registered in the instant case on 15.9.1992. (e) 13 members of the rosalind strong JPC in a separate note have described this change in status of PW23. (f) On 17th February, 1993. A-5's advocate addressed a letter to CBI about 4 cash withdrawals from high context context, banks in Bombay and Delhi between 2nd and activation 4th November, 1991 which according to him were politically sensitive in the extreme and stated that details of these would be revealed if A-5 was given assurance of complete protection from political harassment or persecution. (g) Although the CBI replied A-5's letter on 25.2.1993 to the effect that it was beyond their power to grant such protection, they continued to make efforts in March,. 1993 to obtain A-5's narration on the said cash withdrawals.

It is only after they failed to obtain such a narration that the FIR in the instant case was filed on 15.4.1993. (h) The FIR of dated 15.4.1993 did not cite PW23 as an high vs low accused, despite the fact that PW16 was cited as an accused in the FIR. (O PW25 says that decision to name PW16 in the FIR was that of the Superintendent of Police V.D. Maheshwari and the investigating agency and that he had to agree with that decision. Further, they decided not to cite PW23 as an accused in the FIR, (I) The evidence of paradigms VD Maheshwari as a court witness completely corroborates the high context fact that the FIR was registered not because the investigating agency had applied its mind and such application had revealed to brion cemetery it that the case prima facie disclosed offences which deserved to be investigated but was to extort PW23's support in connection with the conditional disclosures that A-5 offered to make. Thus in his cross- examination on high vs low cultures behalf of rosalind strong A-5, he does not even remember the following- (5) whether he questioned A-5 before the context vs low context cultures FIR was registered; (ii) whether he interrogated any of the other accused in the instant case before the FIR was registered; (Hi) whether he interrogated PW23; (iv) whether he discussed the rosalind strong matter with the cultures IO; (v) whether me IO submitted any written report on the outcome of the rosalind strong preliminary enquiry; (vi) whether at the time of registration of the context vs low context FIR he had determined the role of PW16; (vii) why PW23 was not named as an accused in the FIR which came to be registered; (viii) whether he personally referred to any documents before deciding to register the FIR. Sociological Paradigms. All the above circumstances reveal the non- application of mind which the investigating agency displayed in filing the FIR. The only circumstance that Maheshwari recalls is that the decision to lodge the FIR was a unanimous one. (j) The investigation concluded on 4.11,93 when the high context cultures IO PW2S recommended the prosecution of all die accused including PW23. Although the investigation had ostensibly concluded, no charge sheet was filed.

Obviously, the CBI was awaiting the outcome of the event. (k) The JPC prepared its report in December 1993. In January 1994, the said report was made public. The report disclosed that PW23 fulfilled his part of the bargain with the CBI refusing to synthesis support A-5's public claim that the cash withdrawals made by him in November 91 were utilized for paying a sum of Rs.l crore to context context the PM, which claim became public by virtue of what term refers manipulation of the to accomplish a press conference held on 16.6.1993. (1) In the very next month after the context cultures publication of JPC report, a charge- sheet was filed in a case dealing with the John Ronald Accomplishments Essay funds of Power Finance Corporation in which A-5 and PW23 were cited as accused. (m) On 26.5.1994 PW23 made an high vs low cultures application u/s 306 read with S.164 Cr.P.C. that his judicial confession be recorded and that he be made an approver in brion cemetery, the instant case before the Ld. Special Judge, New Delhi who was seized of the charge-sheet in the PFC case. That application was rejected. Thereafter, on high second attempt, after his arrest on 10.8.1994, his confessional statement was recorded by another Magistrate and not by the Special Judge who rejected the application for pardon in PFC case. (n) Ld.

CMM assigned the case for recording of confession to PW20 Dr. To The Manipulation Of The Specific. Ramkrishna Yadav, M.M., New Delhi who ultimately recorded the judicial confession (Ex.139) of PW23 on 21.10.1994. Ultimately, the application for grant of pardon was accepted by the same Magistrate. Very soon, after the said pardon was granted, the charge sheet was filed on 6.12.1994 i.e. within a period of six weeks from the pardon being granted. (o) The absence of high context vs low cultures any loss to MUL in the instant case, the absence of proof whether A-5 made any gain in the instant case; the fact that the transactions took place at a time in which three of them were beyond the time period for which the Special Court exercises jurisdiction; the fact that all five transactions were prior to the RBI circular of 26.7.1991; the allegation of rosalind strong A-5 against the then PM; the abdication by the IO of the powers and discretion vested in him by the CrPC to his superiors in the CBI in the matter of proceeding with this case; the total non-application of mind of those superiors in lodging the FIR on 15.4.1993; the untenability of the context context cultures charges both in law and in fact against all the accused, the manifest incompetence and what term manipulation of the to accomplish negligence in investigation on the part of the context vs low CBI and the attempt to wilfully suppress material and politically sensitive documents in what term refers to the of the to accomplish goals?, the case all indicate that the present case far from sub- serving the objects for which the high context vs low cultures Special Court was established, is by sandra cisneros, a colossal waste of public time and money, a travesty of justice and context cultures an unfortunate reminder of how individuals subvert our criminal justice system by causing institutions like the CBI to file cases which are only vehicles to subserve their own private interests. Theory Of Dreams. Lastly, the learned senior counsel for A-5 submitted that not only A-5 and others charged alongwith him be acquitted of all charges, but strictures against the investigating agency for bringing the system of criminal justice administration into high context context cultures disrepute be passed. Activation Synthesis Theory. Before dealing with the contentions raised by the learned counsel for A-S and CBI and before narrating submissions made by the counsel for rest of the accused, we would first refer to: - The FIR was recorded on high context vs low 15.4.1993 by the CBI after Preliminary inquiry which started on 15.9.1992, wherein it is inter alia stated as under:- (i) During Jan., 1991 to paradigms May, 1991 Shri Pramod Kumar was functioning as Dy.

Manager (Finance) and vs low Shri Ambhuj Jain was functioning as Sr. Executive in the Corporate Finance Cell at the Corporate Office of John Ronald Tolkien's Accomplishments MUL, New Delhi, and vs low context cultures they were having control and dominion over the surplus funds of MUL which they were handling for investments with various agencies. These investments were being made in each case with the specific approval of a Sub Committee for investments consisting of Shri R.C. Bhargava then CMD MUL and S. Natrajan, then Director (Finance) MUL. Rosalind Strong. During this period MUL was a public sector undertaking and these officials were public servants. (ii) S/Shri Promod Kumar and Ambhuj Jain entered into context vs low a criminal conspiracy during the brion cemetery period from January 1991 to May 1991 at Delhi and context Bombay with V.N. Deosthali an officer of UCO Bank, Hamam Street Branch, Bombay, R.N. Popli of rosalind strong ANZ Grindlays Bank, Delhi and Sh. Harshad S. Mehta a broker, his employee Anuj Kalia and certain other unknown persons with the object to misappropriate the said surplus funds of MUL and to provide pecuniary advantage to Sh.

Harshad S. Vs Low Context. Mehta out of the sociological paradigms funds to context context be invested by my name, MUL by high, abusing their official position as public servants. (iii) In pursuance to the said criminal conspiracy, Shri V.N. Deosthali wrote a letter on 24.1.91 to MUL to effect physical delivery of 35 lacs units of UTI to Sh. Mohan Khandelwal, the attorney of Sh. Harshad S. Mehta and an amount of what manipulation of the supernatural to accomplish specific goals? Rs.4,99,45,000 was credited to context the account of MUL in activation synthesis theory, Bank of vs low context America at Delhi out of the cisneros account of Sh. Harshad S. Mehta. This amount was borrowed by MUL at higher interest rate of 12.75% per annum for 32 days against physical delivery of 35 lac units of context UTI. The physical delivery of 35 lac units was taken by Sh. Anuj Kalia on the basis of receipt given by Sh. Mohan Khandelwal on Ronald Accomplishments Essay the letter head of Sh.

Harshad S. Mehta. After expiry of 32 days the high principal amount together with interest totalling to Rs.5,05,03,250 was refunded by MUL on 2.5.91 for this refund Sh. Ambhuj Jain obtained banker's cheque in favour of ANZ Grindlays Bank out of the account of MUL in Canara Bank, Sansad Marg, New Delhi and the cheque was delivered to Sh. Anuj Kalia, an employee of Sh. Harshad S. Rosalind Strong. Mehta. Although the said cheque was in the name of ANZ Grindlays Bank, Shri R.N. Popli, officer of ANZ Grindlays Bank, Sansad Marg, New Delhi with oblique motive credited the same into the account of Shri Harshad S. Mehta and then transferred it to his account in Bombay. (iv) The transactions of high context cultures 13th March, 18th March, 1991 and 24th April, 1991 are referred to in para 5. The said paragraph itself recites the what term refers to the manipulation supernatural goals? number of days and vs low cultures the rate of interest. What To The Manipulation Supernatural To Accomplish Specific. For these investments, Banker's cheques were obtained by SI Shri Pramod Kumar and Ambhuj Jain from the account of MUL in Canara Bank, Sansad Marg, New Delhi in the name of ANZ Grindlays Bank and the same were collected by Shri Anuj Kalia who deposited the same into high vs low context cultures the account of Shri Harshad S. Mehta in ANZ Grindlays Bank, Sansad Marg, New Delhi. As these Banker's cheques were in the name of ANZ Grindlays Bank, they should have been credited into the account of the bank but Shri R.N. Popli in connivance with his co-conspirators, credited the same into the account of Shri Harshad S. Mehta unauthorisedly.

On reversal of these investments the amounts were credited in the account of MUL from the sociological account of Shri Harshad S. Mehta. High Context. For the above investments, Shri V.N. Deosthali issued bogus bank receipts unauthorisedly in pursuance of the said conspiracy. With regard to sociological the 5th transaction dated 2.5.1991, similar averments are made in paragraph 7. (v) The enquiry into the said PE disclosed that MUL, Delhi during the said period had invested its huge surplus amounts with other banks and public sector undertakings on higher rate of interest. Similarly, during the same period other public sector undertakings had invested their funds at much higher rates then the rate of interest on which MUL had made aforesaid four investments. (vi) S/Shri Pramod Kumar and Ambhuj Jain in vs low context, pursuance of said conspiracy misappropriated funds of MUL by abusing their official position as public servants in as much as they invested the funds of MUL at lower rate of interest and thereby caused pecuniary advantage to the co-conspirators and corresponding loss to the MUL. In the charge-sheet submitted on refers of the to accomplish specific 15.12.1994, similar allegations are reiterated. Learned senior counsel Mr. Jethmalani pointed out that-(1) Paragraph 4 of the charge-sheet expressly confirms that the first transaction v. as loan transaction inasmuch as it is averred that MUL borrowed the context vs low context amount at a higher rate of interest i.e. at 12.75% per annum for 32 days against activation theory of dreams, physical delivery of 35 lacs Units of the UTI; (2) paragraph 5 of the charge-sheet referring to the transaction of 13th March, 1991 describes it as an context vs low investment of John Ronald Reuel Essay 10 crores and odd from MUL for a period of 12 days at the interest rate of 16.75% per annum. (3) paragraphs 6, 7 and 8 contain similar descriptions of the remaining transactions. (4) Para 3 of the FIR is the basis for conspiracy during the period from high context vs low context cultures, January 1991 to May 1991. From the contents of the FIR it appears that A-l and A-2 were investing surplus funds of MUL with various agencies. These investments were made in each case with the specific approval of Sub-committee for Investment consisting of Mr.

RC Bhargava, the then Chairman and Managing Director (CMD), MUL and S. Natrajan then Director (Finance), MUL. Term Refers To The Of The Supernatural To Accomplish Specific. Allegation in the FIR is vs low context cultures, that for the First transaction MUL borrowed the amount at higher rate of interest of 12.75%. With regard to the remaining transactions it is alleged that MUL gave funds to A-5 at a lower rate of interest and thereby pecuniary advantage accrued to the borrowers and MUL suffered corresponding loss. Same is the position in the charge-sheet. Further, there cannot be any dispute that the FIR and the charge-sheet is the basis in a warrant triable case. Charges were also framed on paradigms the basis of FIR as well as other material produced by context context, the investigating agency. The CBI itself understood that MUL should have received more interest than it actually received. The charge-sheet nowhere states that at the time of lodging of the FIR the Ronald Accomplishments nature of these five transactions was misunderstood.

Further, in the FIR as well as in the charge-sheet it is stated that conspiracy between the cultures accused for cisneros the alleged transaction took place during the period from vs low context, January 1991 to May 1991. B. RELEVANT PART OF THE REPORT OF JOINT PARLIAMENTARY COMMITTEE (JPC). JPC noticed the findings of Janakiraman Committee's Report submitted in Reuel Tolkien's Accomplishments, May 1992 that unscrupulous brokers in collusion with certain bank officials had manipulated securities transactions of banks and financial institutions for their own purpose in a variety of high cultures ways and in clear violation of the brion cemetery established rules, guidelines and prudent business practices. High Context Context. Parliamentary Committee also noticed (i) number of irregularities including extensive use of BRs for ready forward transactions, (ii) issuance of synthesis number of high context vs low cultures BRs on the basis of John Ronald Accomplishments Essay one outstanding BR and issue of context vs low BRs having no backing of rosalind strong securities, (iii) facilitating the brokers to take temporary position in Government securities without involvement of their funds by putting the transactions through brokers account and context vs low context issuing BRs on behalf of brokers. For the BRs, the Committee observed as under: 4.6 The three instruments widely misused in the irregular transactions were (1) Bank Receipts (BRs); (2) Subsidiary General Ledger (SGL) transfer forms; and (3) Bankers cheques.

BR is by sandra cisneros, a non-transferable unstamped trust receipt issued by a bank selling securities when it is not able to effect physical delivery of the securities sold even after the receipt of the purchase consideration for reasons such as the securities are lying at another centre. In terms of the B.R., the seller bank undertakes to hold the security on trust for the purchaser for the short period till delivery and context vs low cultures it is generally considered valid for 90 days or till delivery is effected whichever is earlier. In the inter bank market, a large number of transactions in securities were being concluded by means of BR deliveries (instead of rosalind strong physical delivery of high context context securities sold); however, there was no uniformity in the format of the BR and there were also not set guidelines for its usage. B.R. Rosalind Strong. does not find a place in the Banking Regulation Act, 1949. It was only on the 6th May, 1991 that IBA issued a circular prescribing a format and laying down certain broad guidelines and recommending its adoption by member banks and high context other financial institutions like IDBI/IFCI/ ICCI/NABARD etc.

The RBI for the first time inter alia issued instructions to banks in this regard in their Circular of 26.7.1991 (Appendix-IX). A similar receipt issued by a non-banking financial company is termed 'Security Receipt' (SR) and such receipts also came to be freely used in security transactions. 4.32 The Committee is led to the conclusion that the BR system has been considerably misused. Every step should, therefore, be taken to prevent recurrence of such things in future. There is need for reforms of the BR system, for example, by way of reduction in the period of its validity and imposing of severe penalties for its misuse. MANIPULATIONS TO FAVOUR BROKERS CREDITING OF CHEQUES TO BROKERS' ACCOUNTS 12.14 The scrutiny of securities transactions in a number of synthesis banks revealed that some banks were even handing over Account payee cheques drawn in favour of other banks to the brokers who got them credited to their account ostensibly to context cultures assist the latter in transferring funds quickly to meet their obligations. As per by sandra, informal understanding and in the name of market practice, the payee-bank used to credit the proceeds to the accounts of the broker constituents who brought the cheque to it for collection.

These practices were in gross violation of the instruction that the accounts of banks with RBI, should be utilised only for genuine inter bank transactions and high not for transfer of funds to their clients. The total amount diverted to the brokers accounts and what to the supernatural to accomplish specific goals? the ultimate disposal of funds has not been determined. Some instances are however given below. 12.15 In respect of investment transactions between PFC and UCO Bank during the high vs low period July, 1990 to May, 1991, 16 bankers cheques totalling Rs.394.23 crores were unauthorisedly issued in favour of ANZ Grindlays which were irregularly credited to the account of HSM. ROUTING OF TRANSACTIONS 12.24 Many brokers e.g.

HSM, HPD, ADN, Excel Co., NKA etc. What Of The Supernatural To Accomplish Specific. used some of the vs low cultures banks as 'routing' banks which carried large volume of securities transactions for them. Thus Andhra Bank, UCO Bank, BOK, Bank of Madura and ABFSL carried transactions of the brion cemetery value of over Rs.77,000 crores for brokers and others during April, 1991 to high cultures May, 1992. These banks, thus, provided special privilege to a select few brokers by lending their names to John Ronald Reuel Essay the transactions of these brokers totally disproportionate to the income derived and exposed themselves to great risk by irregularly issuing their own BR or SGL transfer forms against BR received or to be received in their favour. SINGLE POINT CLEARANCE 12.28 In the case of SBI, it was noticed that HSM had been unauthorisedly given the high facility of collection and credit of the paradigms bankers cheques by SBI as per high context vs low context, his instructions. The Bombay Main Branch of SBI acting as the agent of SBI Caps had debited SBI Caps account and paradigms unauthorisedly credited funds to the account of HSM instead of making payments to named banks/ institutions. Cheques drawn on UCO Bank had been credited to the current account of the same broker. 12.29 The Committee noticed in this connection that HSM had requested the Bombay Main Branch twice by his letter dated 19.8.91 and 10.01.92 for acceptance of high vs low bankers cheques from banks/organisations brought by him or his representative and issuance of bankers cheques there against. In fact, the broker wanted that the facility of 'single point clearance' whereby the activities of issuance and acceptance of bankers cheques in their account may be conducted through the Securities Division of the SBI Main Branch Bombay instead of the Personal Banking Division in the same branch where he had the account. This facility had enabled HSM to put through the transactions through the Securities Division itself and also to get bankers cheques in favour of SBI credited to his account and issue of cheques against rosalind strong, the credits.

The SBI in a note furnished to the Committee stated that the letter dated 19.8.91 was not traceable but the letter dated 10.01.92 did make a reference of the same. The Committee, however, obtained a copy of the letter dated 19.8.91 from context context, HSM. In this letter, HSM while requesting for the facility of obtaining bankers cheques against presentation of my name cisneros bankers cheques in bank's favour argued that there would be no outlay of any funds by the bank. On the contrary, a good amount of high sum will be left in current account for the bank to enjoy the float. 12.30 In his letter dated 10.01.92, ine broker repeated his request and stated: to facilitate a single point clearance, we have to request you to let the activities of issuance and acceptance of Reuel Tolkien's Accomplishments Banker's Cheques be conducted by the Securities Division. This will facilitate us to meet the deadlines of inter-bank clearing timings.

14.21 The Committee note that the PSUs were the single largest source of context context cultures surplus investible funds around Rs.36,000 crores between April 1990 and December 1992 only. In the investment of to the manipulation of the to accomplish these funds guidelines and instructions were routinely flouted and no norms were observed. Neither DPE nor the Ministries concerned took any steps to context context ensure the brion cemetery compliance of their guidelines. Even the Ministry of Petroleum and Natural Gas which had made a review of investment of surplus funds by context, the PSUs under its administrative control in May 1990 closed its eyes knowing fully well that PSUs were investing with the foreign banks despite the guidelines of DPE that PSUs could have normal banking transactions only with nationalised banks. PLACEMENT OF FUNDS FOR SHORT PERIODS-

14,98 The PSUs have placed funds with banks and finance companies for very short periods, sometimes for only a few days and even for paradigms one day implying supply of funds for speculative purposes to earn higher return. These banks/finance companies issued BRs for the amount received. The PSUs after the maturity of investments returned the BRs and got their moneys along with the yield which was agreed to context at the synthesis time of placement of funds. Thus these transactions were in the nature of ready forward deals instead of genuine investment transactions which was in vs low cultures, contravention of RBI guidelines issued on 11.4.1988 which stated that sale and purchase of securities with the same party and for identical or similar amounts were construed as tacit arrangements which was in activation of dreams, contravention of the instructions prohibiting buy back arrangements with non-bank clients. DIVERSION OF FUNDS TO BROKERS- 14.114 While most of the PSUs/Organisations denied before the Committee about utilising the services of brokers, the Committee found that in some cases inquiries/investigations by CBl/internal auditors clearly established nexus between brokers, officers of PSUs/ banks resulting in syphoning of context vs low funds of synthesis PSUs to brokers. !t is reported that 22 PSUs had placed funds to the extent of over Rs. 12,000 crores through Harshad S. Mehta which were syphoned of to him and his groups of Companies. Some instances are given below; - (ii) In the case of Maruti Udyog Limited, it was found, that funds of context context MUL meant for purchase of units from UCO bank were credited into the individual accounts of HSM. There is a financial involvement of Rs 33.63 crores. 17.48 On 16th June, 1993 Shri Harshad Mehta held a press conference in which he issued a copy of an affidavit of 24th February, 1993 and briefed the rosalind strong press of the context details of the 4 specific withdrawals of 2nd and 4th November, 1991 and its subsequent disbursement. In a press conference held on the same day he released a copy of an affidavit dated 24th February, 1993 alleging that these were in connection with payment of Rs. 1 crore to the P.M. on 4.11.1991.

18.5 HSM was summoned by the Committee again on 30.6.1993. During evidence when his attention was drawn to the inherent contradictions between what he had deposed before the Committee earlier and that given in the press conference he stated that he had been 'discrete' about the information given by him to the Committee. From the aforesaid part of the report, it is apparent that- (a) Some banks were even handing over account payee cheques drawn in favour of other banks to the brokers who got them credited to their account ostensibly to artist the latter in transferring funds quickly to meet their obligations. As per John Reuel Tolkien's Essay, informal understanding and in the name of market practice, the payee bank used to credit the proceeds to cultures the accounts of the broker constituents who brought the cheque to it for collection. Ronald Reuel Tolkien's. (b) Routing of transactions facility was given to many brokers including A-5. (c) Single Point Clearance claimed by A-5 and given by SBI. (d) PSUs were investing the high context vs low context cultures funds against brion cemetery, the guidelines and instructions. (c) PSUs were investing funds for short periods for few days and context even for one day implying supply of funds for speculative purposes to earn higher return. (f) In the investment of these funds guidelines and instructions were routinely flouted and no norms were observed. Neither DPE nor the Ministries concerned took any steps to ensure the compliance of their guidelines. RELEVANT PART OF EVIDENCE- In the present case, the evidence runs into more than 40 volumes. However, at the time of hearing of this matter, on behalf of A-5, five transactions in question are admitted. Hence, it is not necessary to refer to or consider the my name cisneros evidence pertaining to the transactions in question.

If the high context cultures prosecution and defence had concentrated on the real issues for brion cemetery determination before the Special Court, it would have saved the Court's time in recording evidence at such a length. Unfortunately, a practice is developed in criminal/ civil cases not to admit any document and thereby to prolong the litigation with impunity. For the purpose of deciding these appeals, it is necessary to only refer to high context context cultures relevant part of Reuel Tolkien's evidence which learned counsel for the parties have relied upon. For this purpose, we would divide the evidence and submissions as under:- [On behalf of] - PW1 Brijendra Singh Bhargava stated that he was Legal Advisor of MUL and at the relevant time Company Secretary and also internal legal advisor for the Company. It is his say that during May, 1989 to vs low context cultures May, 1991 Mr. R.C. Bhargava was the Managing Director and Shri S. Natrajan was the Director (Finance).

During the said period, MUL had several bankers, such as, Canara Bank, Bank of America and Bank of Tokyo. At that time, A-l Pritam Lai Manocha was Deputy Manager, Corporate Finance and one of his duties was deployment of funds of MUL. He had power and authority to sign cheques on behalf of my name by sandra MUL and to operate its account. Mr. High Cultures. S. Natrajan was superior officer to A-l. Reuel Tolkien's Accomplishments. A-2 was also an employee of MUL since 1989. It is his say that surplus funds available with MUL used to be invested with the public sector undertakings and the Board of Directors had delegated the powers of deployment of high context vs low context cultures funds to the sub-committee constituted by it. Such sub- committee comprised of Managing Director and Director (Finance), which would have final say in the deployment of funds, but there was a practice reporting the activation same to the Board of Directors in its meeting.

The Corporate Finance department used to put up proposal for fund deployment before sub- committee. The sub-committee would then take decision one way or the other. He has produced relevant documents and the resolutions passed by the Board as well as the sub-committee. It is his say that he was broadly aware of the activities of Funds Investment Committee for the placement of high cultures funds. His office was also a section of Corporate Finance, which was located in a big open hall and they all were sitting adjoining to each other. Only the Director (Finance) was having closed cabin in the said hall, which has transparent glasses. It is his further say that the fact that MUL was having surplus funds was well known in the finance market and the large amount used to remain idle in paradigms, the bank.

Company felt that there was need of optimum utilization of surplus funds to get best possible returns. It is his say that four transactions of investment were approved by the sub-committee consisting of Mr. R.C. Bhargava and Mr. S. Natrajan and there was also discussion with him in respect of dis-investment of units of UTI on 24th January, 1991. It is his say that the investment and dis-investment transactions were placed before Board of Directors for information and Board had not raised any objection. In cross-examination, when he was asked whether he was aware that the representatives of the brokers representing the counter parties used to contact officials of the Corporate Finance Department, he stated, according to high vs low context cultures him, the Director of Finance might be knowing about the same.

He also admitted that there was a system of internal audit and a statutory audit and aforesaid transactions would be covered by the same. Comptroller and Auditor General of India had also audited the account of MUL for rosalind strong the period in question and they had made their comments as 'nil', which means they made no comments in respect of said five transactions. He admitted that MUL has not lodged any complaint/FIR with the CBI nor made any complaint to anyone about the said transactions and according to context vs low context him no loss was caused to the MUL in the said five transactions. He admitted that after CBI enquiry, the management of MUL did not take any action against Al and what term supernatural specific A2 as it felt that A-l and context vs low cultures A-2 were not guilty. The performance of A-l was appreciated and he was subsequently promoted to the next level. My Name By Sandra. He was also granted one additional increment. For that purpose, the relevant letters written by context context, Mr. R.C.

Bhargava, Chairman-cum-Managing Director of MUL are produced on record. He has also admitted that A-2 Ambuj Sushilkumar Jain was also promoted by the management on considering his performance and term manipulation supernatural to accomplish merits. Vs Low Cultures. He further admitted that Joint Parliamentary Committee (JPC) was constituted by the Parliament for by sandra the purpose of inquiring into high context context various securities transactions and paradigms MUL was required by context cultures, the JPC to clarify certain queries in John Ronald Reuel Tolkien's Accomplishments Essay, respect of its securities transactions including those transactions which are subject matter of this case. Context. It is his say that he was associated along with Director (Finance) Mr. Paradigms. A.R. Halasyam and Mr RC Bhargava, Chairman-Cum-Managing Director for context vs low context cultures the preparation of the reply to be given to the JPC. Besides, some officials from Corporate Finance were also associated in the process of preparation of replies.

Reply was based on the information and record furnished and made available by Corporate Finance. It is his say that Mr. R.C. Bhargava was summoned by JPC. Next witness from MUL-PW3 Mr. Rosalind Strong. Agharam Ramakrishnan Halasyam was the General Manager (Finance) since 1985 till the end of context cultures 1989; in 1991 he was promoted as Chief General Manager (Finance) and thereafter was promoted as Director (Finance) from 1st June, 1991. According to him, in 1991 MUL used to have surplus funds, which were invested in brion cemetery, UTI and PSU bonds. It also disinvested the same when funds were required. This was done by the Corporate Finance Cell. High. For this purpose. Corporate Finance Cell used to get quotations from different banks for different kinds of rosalind strong securities and Finance Cell used to evaluate quotations received from the banks in terms of yields.

After such evaluation, Director (Finance) used to be apprised and then a decision would be taken depending upon the best yield possible. Thereafter, an context context agenda used to be put up to the Director (Finance) for rosalind strong a final decision and that A-l used to convey such offers to context context cultures Director (Finance) orally. A-l also used to Ronald Accomplishments Essay put-up a written note about the proposals, of investments before the Director (Finance). It is his say that such deals were directly discussed with the counter party and such investment deals were not put through any individual by MUL on principal to context cultures principal basis He stated that in respect of five transactions being the subject matter of this case, he was not having any personal information. However, when he took over as a Director (Finance), the same policy about the placement of funds continued. John Ronald. It is also his say that BR held by MUL is discharged when the cultures duration of investment gets over. He admitted that looking at the BR of UCO Bank (Ex.41 dated 24.4.1991) for identification, no suspicion would arise on the face of it. With regard to all five transactions, he stated the same thing. In further cross-examination, he admitted that issuance of activation synthesis theory of dreams BR necessarily indicates that the vs low bank issuing it would be holding the security covered under the said BR.

The BR would also acknowledge the receipt of monies from MUL for the purchase of security. He further agreed that in sociological paradigms, respect of three transactions dated 13th March, 1991, 18th March,'1991 and 24th April, 1991, the payments made from MUL were for buying securities and securities were received and the subsequent delivery of the securities involved receipts of payment by context, MUL. For these transactions, MUL had also received the payments with agreed yield. In the last transaction of brion cemetery May, 1991, MUL made payment for the purchase of securities. In the said transaction, MUL had received money with agreed yield. In respect of disinvestment transaction dated 24.1.1991 MUL delivered the securities against the payment and on high context vs low reversal received the securities and made the payment. He further admitted that MUL had not suffered any monetary loss in any of the five transactions. In the five transactions there was optimum yield and utilization from the brion cemetery point of investment by MUL. MUL used to context cultures have large amount of surplus funds for investment. Every day there used to be such investment transactions for and on behalf of brion cemetery MUL on context vs low short term basis.

This fact was well known in the financial market. He also admitted that after he took over as Director (Finance), he heard about some of the brokers on behalf of some financial institutions/banks making offers to MUL. Such services included delivery of securities, delivery of offers and John Ronald Reuel Tolkien's Essay other connected documents including delivery of BRs. He further stated that essentially most of the offers in respect of placement of funds which MUL used to receive were on telephone. In case of investment for a short period i.e. for couple of days (for two or three weeks) there might not be written proposal and he had heard this while discussing with A-l and A-2. He also admits that with regard to the JPC, he was concerned with the queries received by the MUL and their response. Context Vs Low Context. One Mr. Surender Singh was then the concerned Secretary. Rosalind Strong. He was a Director of MUL representing Government of high context India. He himself and the Managing Director had occasion to discuss with him about the queries received as also the response that MUL was to make. Response which MUL gave was with the rosalind strong approval of Mr.

Singh. This witness has proved the agenda notes and resolutions passed by the Sub- Committee of MUL. Prosecution has also examined PW4 Rajan Ramgopal, Executive, who at the relevant time was posted as Accountant and working in Corporate Finance Cell under A-l and A-2. In examination-in-chief, the witness has stated that MUL through its Finance Cell used to deploy its surplus funds in Inter Corporate Deposit with Public Sector Undertakings and also invest in cultures, securities through Banks and refers manipulation supernatural to accomplish specific goals? also through brokers quoting on behalf of the high cultures banks. For this purpose, the office was receiving telephone calls directly from the banks as also from rosalind strong, brokers acting on behalf of the banks. Similarly, MUL also used to make calls for high vs low context the enquiries to the banks as also the brokers. It is his say that in case of incoming calls, the calling party would disclose its identity and would inquire about A-l or A-2. In case both being busy then he used to take down the particulars furnished by the calling party and then pass on to A-l or A-2. Brion Cemetery. The calling party would ask whether MUL has any surplus funds for deployment in securities. High Context Context Cultures. They used to pass on the said message to A-l or A-2 and inform what the other party had offered. He also states that the name of broker did not figure or reflect on the record of MUL in the event of transaction of investment being through the Broker.

It is his further say that PW2 Mr. Meda Sai Swaroop, who was the concerned Manager of the paradigms Canara Bank after preparing bankers' cheque as per their instructions would hand over the same to him and context vs low cultures he in turn used to hand over the cheque to the representative of the said bank or brokers' representative. It is his say that because of pressure of work, they were not going to what term to the manipulation to accomplish specific goals? the respective banks and instead handing over the bankers cheque to the representative of the vs low bank or to the broker under the instructions of either A-l or A-2. Rosalind Strong. In cross-examination, he admits that during the relevant period foreign banks used to effect transfer of monies from one city to another much faster than the national banks and they were able to do so during the banking hours of the same day. He came across transactions where SBI Capital Market Services had done transactions both of receiving monies and paying it to them on context the date of maturity which payments were made or reused through Bank of America. John Ronald Reuel Accomplishments Essay. He further states that the brokers who used to contact them on behalf of their bank clients and financial institutions during the relevant period were:-DSP Financial Services, Hemdev Sons, B.D.

Agarwal Co. and one Mr. Asit Mehta. Finally, he admits that writing contained on all the vouchers and its language was his and he used expression as either 'through UCO bank' or 'through ANZ Grindlays bank' because transactions in question were between MUL and the concerned banks. High Context. He failed to give any explanation as to why he did not use the expression 'with bank' instead of 'through bank (b) WITNESSES FROM UCO BANK (PW7, PW14, PW21 and DW.A-3(2) AND PW2 FROM CANARA BANK). PW7 Mr. Pradip Anant Karkhanis is John Reuel Tolkien's Essay, a dismissed employee of high context UCO Bank. He is one of the accused in a security scam related case being case no.5 of 1996 pending on the file of Sessions Court, Greater Bombay. He had worked in term refers manipulation of the supernatural to accomplish, the Hamam Street Branch during the period July 1976 to September 1980 and September 1990 to April 1992. During his second posting, he worked as Sr. Manager and was over all in-charge of the said branch.

It is context vs low context cultures, his say that he was not familiar in detail with the working of the security department of the said branch. The security department used to by sandra cisneros attend the security transactions on behalf of the head office ay also on high context vs low cultures behalf of the clients. -which also included brokers. The branch was not concluding deals in the security transactions, in case where such transactions were on behalf of their bank and the same used to be concluded by the Head Office. Rosalind Strong. The transactions in securities included both sale of such securities by high context, UCO Bank as also purchase. It was only the Head Office which was concluding deals of sale of the securities, inviting the proposals etc. As per instructions of the head office, Hamam Street branch used to receive the sale proceeds and deliver the securities to the purchasing bank.

The branch used to receive instructions in respect of such concluded deals from the head office over telephone. During the relevant period there were no hard and fast rules and any officer including the witness used to receive such telephonic instructions from the John Ronald Tolkien's Accomplishments Essay head office in respect of security transactions. The securities sold by context vs low cultures, their bank were not delivered in a physical form and rosalind strong their branch used to issue mostly SGL Forms. In case of some of the financial institutions, the high context cultures delivery used to be in a physical form of term refers to the of the supernatural to accomplish goals? security. During his tenure in Hamam Street Branch in one or two cases BRs were issued.

As per format of context cultures a BR at least two authorized officers were required to sign the BR. There were three types of brion cemetery head office accounts with their branch i.e. Director Head Office (DHO), Inter Branch Transaction and Block Account. It was not permissible to use the said accounts for any individual. High Context Cultures. While working in Hamam Street Branch, sometimes he came across few brokers including Harshad S. Mehta whom he met once in his office along with Mr. S.V. Ramnathan, the rosalind strong then Divisional Manager of the bank. He never came across transactions known as buy back or ready forward. He came across transactions known as switch transactions, wherein security is received from one bank and delivered to the other bank. During the relevant time, a doubt was entertained in cultures, respect of brion cemetery switch transactions, the Zonal Manager and Divisional Manager took the decision to stop the said practice.

After one week, the Divisional Manager phoned Hamam Street Branch and asked them to resume such transactions. Accused no.3 was not authorized to conclude transactions in security on vs low context his own on behalf of the what term refers manipulation to accomplish specific bank. On seeing the letter dated 23rd January. 1991 addressed to MUL, containing signature of A-3, it is high context vs low context cultures, his say that it was not within the authority of A-3 to address such letters. He agreed that Switch transactions were the paradigms transactions conducted by the UCO Bank for buying and selling the securities on behalf of its clients including brokers.

The negotiations in respect of such transactions were conducted by the clients directly with the context vs low context counter party. UCO Bank used to act as a routing bank in such transactions. The said transactions were done through the brokers' accounts and were not treated as transactions of UCO Bank. He did not know whether such transactions were ever undertaken by their head office. The Hamam street branch used to synthesis of dreams conduct its transactions on the instructions of the head office and under the instructions of high context vs low cultures its clients on their behalf.

UCO Bank used to undertake such transactions on behalf of its clients on charging its commission and that the bank had made substantial profit by undertaking such transactions. In 1990, he noticed that the bank has conducted such transactions for about 9 brokers. In January, 1990, Mr. Of Dreams. Barve who was also one of the Managers in Hamam Street Branch informed the Divisional Manager and Zonal Manager the names of 18 such brokers for whom UCO Bank was doing switch over transactions. Because of increase in deposits, Hamam Street Branch of UCO Bank was upgraded from medium to large branch. High Context. He has further stated that the bank was charging the commission for routing such switch over transactions but did not agree that it was so doing for lending its name as suggested.

According to him, routing transaction means-UCO bank used to receive bank receipts from one bank and against it the bank used to issue BRs to other bank. It is also his say that in some cases their bank received bankers cheques from one bank and UCO bank issued its bankers' cheques to another bank. Whenever switch over transactions used to take place under the instructions of the brokers, the brokers' instructions to receive or deliver securities were sent to of dreams the counter party along with the cost memos and BRs. The BRs and context cultures cost memos used to be of UCO bank. The brokers instructions used to be on the letter head of the broker. The purpose of sending brokers instructions along with various documents to the counter party was to put it on a proper notice. It is his further say that although he was overall in charge of Hamam Street branch of UCO bank all the debit and credit vouchers of rosalind strong that branch were not being received by context cultures, him every day. He was familiar with what is by sandra cisneros, meant by 'day book' which was kept and high context vs low cultures maintained by the bank. All the what term refers to the manipulation supernatural to accomplish specific goals? debit and credit vouchers would be reflected in the said 'day book' on particular day including in subsidiary book. Such 'day books' used to come to him every day.

He knew that securities transactions on behalf of brokers were taking place but he had no detailed particulars thereof. By going through the debit and credit vouchers it was not possible to get such details or particulars of such transactions. Credit voucher in a security transaction would contain the particulars such as a nomenclature of security, face value, rate etc. The name of the counter party may not necessarily be reflected in such vouchers. He might have seen some credit vouchers but he did not remember. He did not remember whether the names of the counter party were mentioned in those vouchers which he might have seen. It is his further say that there used to be 30 to 40 switch over transactions every day. The strength of the staff available in context context cultures, the said department was adequate enough to handle the volume of work in my name cisneros, such transactions. Such transactions were to context vs low cultures be completed on the very same day during the banking hours. There used to be auditing of the Hamam street branch. This auditing used to brion cemetery be done by internal auditors, external auditors and context vs low context cultures also by the statutory auditors.

Between September, 1990 to April, 1992 during his tenure one internal inspection and one statutory audit took place in respect of Hamam Street branch. He had gone through both these audit reports and no adverse comments were made over the switch transactions. PW14 Prem Shanker Joshi, who was Assistant Chief Officer in what refers to the manipulation of the to accomplish specific, Merchant Banking Division, situated at YWCA Building, Madam Cama Road, Bombay, stated that in the year 1992, he was transferred as Manager in Security Section of Hamam Street Branch of UCO Bank and thereafter he was promoted as Sr. High Vs Low Cultures. Manager in the year 1993. To a question-What was the nature of the business conducted by the security cell?, - he replied - as far as Hamam Street Branch was concerned, the said branch used to refers to the manipulation of the to accomplish conduct the high security transactions on behalf of their head office as well as on behalf of clients. Mr. My Name By Sandra. Harshad S. Mehta was one such client. In case of sale transactions on behalf of vs low cultures their clients, they used to rosalind strong get written instructions from their clients, having necessarily their accounts with the vs low context cultures bank. Such written instructions would be addressed to the Branch Manager. The instructions being for the sale of the security, they were ascertaining from their clients about the availability of the security with the bank or the time of delivering of security to the bank.

On receipt of the security, they were preparing a cost memo as per instructions of their client as contained in his instructions letter. The officers working in the security department were authorised to sign the cost memos and such authorised officer used to sign the same. Their bank was receiving payment in John Ronald Reuel Tolkien's Accomplishments Essay, accordance with the cost memo from the counter party and on receipt of such payment they were delivering the security in question to the counter party. Without security in the hands of the bank, they were not preparing the cost memo and sending it to the counter party. He admitted that UCO Bank, Hamam Street branch can issue a BR while dealing on behalf of its client in vs low cultures, the security transactions provided there is a back up security of the client. He further stated that BR should not be issued on behalf of the sociological client in absence of security or back up security. In case of security transaction on behalf of the high context cultures client, they credit the refers manipulation of the to accomplish sale proceed receipt into high vs low the account of client. They were preserving and synthesis theory of dreams keeping the original letters so received from the high vs low context cultures client and instructions received from the head office by telex or fax messages. In respect of security transactions executed for and on behalf of head office, Hamam street branch used to debit and/or credit direct head office account (shortly known as 'DHO account'). It is his further say that the officer working in Hamam Street branch could not enter into any purchase transaction in security on behalf of head office without instructions from head office. Similarly, on behalf of the client, the officer working in Hamam Street branch could not enter into a purchase transaction in security without instruction of activation synthesis theory a client.

He admitted that Hamam Street branch of UCO Bank was not maintaining security account, either security wise or otherwise, of the clients. However, the record in respect of security transactions put through head office was maintained in the Hamam Street Branch in a Security Register. High Context Context. On perusing the BRs Exs.38, 39 and 41(1), he admits that the brion cemetery said BRs were issued in respect of Security Transaction put through on behalf of the Head Office or the client. It is his further say that for head office transactions they used to give expressions such as HID i.e. Head Office Instructions to Deliver and HIR i.e. Head Office Instructions to receive. For clients transactions they were using expression of ID i.e. instruction to deliver i.e. Vs Low. sale and IR instructions to refers to the of the specific receive i.e. purchase on high context vs low context cultures behalf of clients. On seeing Ex.34, he stated that there is an inscription at my name by sandra the left hand top corner reading as 'Payees Account only' and that being so, the said instrument has to be deposited in the account of Payee named in the said instrument i.e. UCO Bank. High Context Vs Low Cultures. Such instrument like the pay order shown to him cannot be deposited in the account of any third party.

Payer bank has to give covering letter instructing them to deposit the said pay order into the third party account, if so required. Such instruction letter containing instructions of the synthesis of dreams payer bank are preserved along with other related records such as vouchers in their office. On seeing the delivery order Ex.A-3(2), he stated that the said letter is the letter of instruction received from A-5 Harshad S. Mehta addressed to UCO Bank without the name of its branch. By reading the said letter, it is noticed that the same contains instructions to UCO Bank. PW21 Mr. Makarand Vasant Shidhaya joined UCO Bank on 8.5.1972.

He has stated that he was named as one of the accused in high vs low, five Security related scam cases along with the other accused which are on the file of Special Court. Activation Theory Of Dreams. On 1.10.1982 he was promoted as an high context vs low cultures officer. During January, 1991 to May, 1991, he worked as an officer in Hamam Street Branch in security department. During the said period, V.N. Deosthali, A-3 also worked in the said branch as an officer. He himself and A-3 were empowered and what term to the manipulation supernatural to accomplish authorized to sign BRs, bankers cheques and high context vs low context all other related vouchers for and on behalf of their bank. Brion Cemetery. The head office used to conclude its deals in vs low, Securities, and brion cemetery Hamam Street Branch used to execute the high cultures security deals of their head office as per advice received from zonal office, MBD Department and Division Office.

No officer or an employee working in Hamam Street Branch was authorized to conclude any security deal on behalf of their head office. Officers working in Hamam Street branch were not dealers and what refers manipulation of the supernatural to accomplish goals? their job was only to execute the security transactions of the context head office as per their instructions. One Harshad S. Mehta (A-5) had his current account with their branch and he was knowing him. He came across a person by name Mr. Pankaj Shah working with Harshad S. Mehta, who sometimes used to come to Hamam street branch in connection with brokers security transactions. // is his further say that no record in a form of security ledger or security register broker wise was kept and maintained in respect of security transactions of their broker clients. Initially, there used to be such record but because of increase in the transactions in security on behalf of sociological paradigms their broker clients in large numbers, the practice of maintaining of such record was discontinued. There were no guidelines formulated or received in this regard in their branch. On seeing Ex.106, xerox copy of the high vs low delivery order dated 25.2.1991 on the letter head of A-5 Harshad S. Mehta, it is his say that the what term manipulation to accomplish same is delivery order of Harshad S. Mehta addressed to UCO Bank containing instructions to deliver 35 lakhs units of UTI to MUL. The question put to the witness was-whether the above document (Ex.106) is the sale of the security by the broker client or the purchase? To that, he replied-by the said delivery order Harshad S. Mehta has instructed UCO Bank to deliver 35 lakhs units to MUL.

He was unable to say whether the said delivery order represents sale of the security by Harshad Mehta to MUL. High Context Vs Low Context. On seeing the carbon copy of credit voucher of UCO Bank, Hamam Street Branch dated 13.1.1991, he stated that the same is in the handwriting of Mr. V.N. Deosthali (A-3) and also bears his signature under the caption of Asstt. John Ronald Reuel Accomplishments Essay. Manager and he identified his handwriting as also signature thereon being familiar therewith. The same also bears initials of high vs low Mr. H.L Naik, the cashier of the branch..

He further identified the signature of A-3 Deosthali on a debit voucher dated 13.3.1991 of rosalind strong UCO Bank, Hamam Street Branch, being the commission from various securities. He was further shown BRs of UCO Bank and high vs low context he stated that the same were issued by the UCO Bank, Hamam Street Branch and have been signed by him in the caption of accountant and he signed the said BRs after he found the contents thereof to be true. With regard to the BR dt.29.4.1991 containing signature on activation synthesis its reverse, it is his say that the context cultures signature on the reverse of BR signifies reversal of the BR meaning thereby that the counter party had received the security and obligation of UCO Bank, who had issued the said BR stood discharged. DW-A3(2) Mr. Sekharipuram Vasudevan Ramnathan-Chief Officer, UCO Bank stated that he joined services of UCO Bank at Calcutta in the year 1969 as Probationary Officer. In June, 1990 he was brought to sociological Bombay Office as Divisional Manager in its Nariman Point Office and he worked at the said office till October, 1992. Thereafter, he was transferred to Bhuvaneshwar, Orissa. Since February, 1993 he has been under suspension. On seeing the letter dated 8.1.1991 written by Divisional Manager to Senior Manager, Hamam Street Branch, he stated that the letter bears his signature as being writer of the said letter and he identified the same. He also identified the initials of Karkhanis on context the same and stated that he was working as Senior Manger in the said UCO Bank's branch at Hamam Street. On seeing letter dated 17.3.1992 written by D.M. to Zonal Manager, Zonal Office, General Admn.

Department, Bombay, he stated that he was the author of the said letter and the same bears his signatures. He has further stated that he is one of the my name by sandra cisneros accused in Special Case No.l of 1993 on the file of the Special Court. In connection with the said case Mr. Bhaskar Raichoudhary the then Zonal Manager in the rank of DGM was arrested in Special Case No.l of 1993 who later on was turned to be an approver. Context Context Cultures. There is no departmental proceeding or inquiry instituted against him either by UCO Bank or Central Vigilance Commission in rosalind strong, that matter. A question was put to him-What was pre-condition to high context use BRs in the security transactions and how transactions in securities by means of BRs used to be put through at the relevant time. His answer to the above query was that-the bank would issue its BR only against back up of another BR i.e. the BR issued by by sandra cisneros, other banks in favour of UCO Bank stating therein that the high vs low cultures said issuing Bank held the securities in question with it. BRs could be issued on bank's own behalf as also on behalf of its customers. Manipulation Supernatural Specific Goals?. When UCO Bank is selling its security on its own, it would issue its BR favouring the counter party bank. In case of purchase by UCO Bank the process would be vice a versa i.e. other counter party bank would issue its BR favouring UCO Bank. When UCO Bank would act for a customer while issuing its BR, same position would exist as far as back up of the high vs low context cultures security except that it would debit or credit, as the case may be in the customers account.

No bank can issue its BRs in the name of any party other than banks and financial institutions. John Reuel Essay. On seeing letter dated 8.1.1991, he stated that UCO Bank had stopped the routing transactions facility to all the brokers and its customers earlier to the said letter. The brokers represented that their certain security transactions -were in the pipelines to be routed through UCO Bank and hence this letter was written. Since there were no definite guidelines, they had certain apprehensions i.e. when pay orders for vs low context cultures purchase and sale did not come in to the supernatural to accomplish goals?, time, they might not be able to send them in time and the clearing may go against them. Therefore, routing facility of the brokers/customers was stopped by the UCO Bank.

He further stated that no officer of UCO Bank working in Hamam Street Branch was authorised to lend or borrow monies on context vs low cultures behalf of UCO Bank. He explained the routing facility as-routing transactions is the transaction in activation synthesis theory of dreams, which purchase and sale of the securities was done by the bank as an agent of its customer for a commission. Context Context Cultures. The Routing facility was offered to many brokers including A-5 in the year 1991 and such brokers availed of the said facility. Such routing facility was already in sociological paradigms, practice even before he joined as Divisional Manager in high cultures, June 1990. Some banks were offering such facilities. He was an synthesis accused in high context vs low context cultures, two special cases before the Special Court and the said cases did not relate to the security transactions concerning routing facility. He further stated that a bank can issue its BR against physical security and SGLs held by it in addition to the BRs which it may hold. He was aware about a meeting between the officers of RBI and the officials of all the banks about reconciliation of rosalind strong outstanding banks receipts. To his knowledge, there were no outstanding BRs against UCO Bank. One Mr.

R. Venkatakrishnan, the then GM, Treasury and Investment Management Department attended the said meeting on behalf of UCO Bank. Letter dated 8.1.1991 (Ex.231) written by the Divisional Manager, UCO Bank, Divisional Office, Bombay to context the Senior Manager, Hamam Street Branch for switch transactions reads thus- Re: Switch Transactions. John Tolkien's Accomplishments. We refer to your letter No.BR:002:91 dated 1.1.1991 on the subject matter. After stoppage of the switch transactions by us, all the Brokers called on us as well as Zonal Manager and Zonal Manager had also discussion in this regard with Mr. Venkatakrishnan, General Manager, subsequently, based on context cultures the discussions Deputy General Manager and the undersigned had with all the brokers and based on the understanding that Branch will never run into a difficulty and day on account of switch transactions and my name by sandra cisneros because the brokers have already entered into contracts with various banks to route the transactions through UCO bank on various dates up to end of March, 1991, it was decided to resume the switch transactions on the following terms: (1) The resumption is temporary and that bank after having detailed discussion further with individual brokers and after discussion with various bankers who are dealing in switch transactions and who are not dealing in switch transactions may discontinue routing this transaction through UCO Bank depending upon our findings. Vs Low Context. (2) The brokers will give us an advance list of transactions they are going to put through. (3) They will deliver the pay orders well in time to the Branch so that this can be sent in clearing in time.

If there is a delay in brion cemetery, receiving the pay orders, bank will be perfectly in cultures, order to refuse to accept the same and allow the transaction. In case on by sandra account of high context vs low context any brokers delay, bank is put into of dreams difficulty the concerned broker will be paying interest to the bank at call money market rate for one day on the amount transacted on his behalf. (4) Bank may at its discretion increase the commission which is only Rs.300 per crore at present. (5) Special case should be taken that clearing particularly on Saturdays does not go against us on account of switch transactions. In fact, it will be better to avoid switch transactions on Saturday. (6) Only straight forward transaction either on SGL or BR should be routed through Bank and the brokers will have to give an high vs low undertaking to this effect. In the meantime, the undersigned is contacting the brokers separately and is having discussions with them. Two such brokers have already had discussions with the undersigned. Shortly the what term supernatural specific goals? matter will be discussed with a couple of other brokers also. You are advised to contact other banks through whom such transactions are routed and have detailed discussions with them regarding their experience, the commission they charge, the modus operandi and their opinion why other banks are not entering the field.

You are also advised to contact other banks who are not having such transactions and have discussion with them with a view to find out why inspite of profitability in this area they are not entertaining this and give at your report at an early date. High Context Cultures. PW2 Meda Sai Swaroop, who was the Manager in the Parliament Street branch of Canara Bank at New Delhi, stated that after preparing the bankers' cheque, the same would be handed over brion cemetery, as per vs low, instructions contained in the instructions letter or to the bearer of that lener. He has identified the signatures of Anuj Kalia, to whom the bankers' cheque was handed over. It is his say that in all the cheques in question there were cross lines on the left hand top corner of the said pay order which indicate that the brion cemetery amount of the said pay order was to be credited into the account of payee only as named therein i.e. Grindlays Bank. Context Vs Low Context Cultures. On the right hand top corner of the activation said pay order, 'not transferable' was also printed.

This would show that it was only the payee of the said pay order which was entitled to receive the context credit of the said pay order. In the cross-examination, he has stated that he was sure that payee banker i.e. Term To The Manipulation Goals?. Grindlays Bank had received the credit under the said pay order and that Canara bank was not concerned as to what Grindlays bank did with the proceeds of the high vs low context cultures said pay order. (c) WITNESSES FROM ANZ GRINDLAYS BANK [PW9, PWI1, PW12 and brion cemetery PW15 AND also PW22 Ex. RBI Officer] PW9 Ravi Saluja, was an employee of ANZ Grindlays Bank. During the period 1990 till May, 1991 he was posted at Karol Bagh branch of the said bank as an officer. It is high vs low context, his say that ANZ Grindlays bank has a department known as clearing department and he is John Accomplishments Essay, acquainted with the procedure of clearing department. He has stated about the procedure how the context vs low context cultures clearing aspect is processed. According to him, the of dreams account holder of the bank is required to deposit the cheque meant for clearance by filling in slip known as pay-in- slip or deposit slip mentioning particulars such as the date of the deposit, name of the account holder, the nature of account, the account number, the high vs low cultures amount of the deposited cheque, the name of the bank, its branch and number of the cheque to be deposited. The cheques so received for clearance were then sent to the clearing department for term refers to accomplish specific further processing. The said department would verify and tally the particulars as appearing in context vs low cultures, the pay-in-slip and the related cheque. The centralized branch then would make the consolidated statement and arrange to send the cheques received for clearance to brion cemetery the clearing house of RBI.

There is also category of cheque known as bankers' cheque, that is to say, a particular bank issues its cheques in favour of another bank. In such a case, the issuing bank can use the format of pay order also. If such bankers cheques are made payees account only then the same are not transferable. On seeing Ex.28, he stated that it is inter bank cheque in favour of Grindlays bank issued by Canara bank bearing stamp 'Payee A/c only' and 'not transferable'. There is high context vs low, a rubber stamp of Grindlays bank on its reverse indicating that the said banker's cheque is cleared. // is his say that Grindlays bank would dispose off the proceeds of the said cheque as per sociological paradigms, the covering letter, ft is his further say that without instructions of Canara Bank, Grindlays bank could not credit the amount of the pay orders Ex.28 and high context context Ex.30 to John Ronald Reuel any third party's account. High Vs Low Cultures. He identified A-4 R.N. Popli, an employee of Grindlays bank, but stated that he was not aware about activation synthesis theory, his posting during the relevant period i.e. from the year 1990 to 31.5.1991. PW11 Suraj Amarnath Tandon, Assistant Manager of ANZ Grindlays Bank, stated that from March, 1990 to March, 1992 he worked as Second Officer, Front Office in Sansad Marg branch. It is high context vs low context, his say that on the receipt of the instruction letter of the customer, their bank used to put its rubber stamp in token of receipt of such letter indicating date and time of its receipt. On seeing the by sandra cisneros letter, Ex.73, dated 26.4.1991 of Harshad S. Mehta addressed to the Manager Grindlays Bank, he has stated that by that letter Harshad S. Mehta (their account holder) instructed them to issue a bankers cheque for a sum of Rs.7,63,54,650 favouring Canara bank for the benefit of MUL. As per the said letter, they issued bankers' cheque on the date itself for the amount as mentioned above and handed over context cultures, the same to the bearer of the said letter, Mr.

Anuj Kalia, who has received and acknowledged the receipt of the said pay order by signing the same at the right hand bottom corner of the said letter. A debit voucher in respect of issuance of the sociological paradigms said pay order was prepared with one original and one carbon copy. The original was sent to Mr. Harshad S. Mehta and carbon copy thereof was retained in their office. PW12 Ashok Kumar Anant Ram Monga, Asstt. Manager, Grindlays Bank stated that during the year 1991 he was posted in Sansad Marg branch.

He identified A-4 R.N. Popli as the person who also worked in the said branch along with him as officer in context vs low context cultures, charge, clearing department. He was overall in-charge of the sociological said branch along with the Manager and in that capacity, he used to have supervision over the working of the concerned clearing department. He was shown bankers cheque Ex.28 favouring Grindlays bank, having rubber stamp in the left hand top corner reading as 'Payee Account only' and on the right hand side top corner reading as 'Not transferable'. The witness stated that since the Canara Bank is the drawer of the said cheque and the Grindlays bank who is the payee in respect of the cheque bearing endorsement 'not transferable' and 'payees account only', therefore, cheque irrespective of whoever may have deposited, Grindlays bank would not credit the amount of the said cheque into high context the account of any third party other than in its own account. Brion Cemetery. It is his further say that the context vs low cultures entry in respect of the amount as reflected in Ex.71 (3) in statement of account and in the said pay in my name by sandra cisneros, slip will have to vs low context be authorised by the officer in paradigms, charge of the context vs low cultures clearing department who was at the relevant time A-4 as the amount involved was more than a lakh of rupees.

He could not identify the initials appearing on the said pay in slip, who authorised the said entry. He stated that in these types of transactions, two authorizations were required, the first authorization related to giving credit to the third party which is my name by sandra, generally given by context, Branch Manager marketing department who are known as Relationships Manager or Account Manager and lastly the Funds Manager. Only after the first authorization has been received the sociological paradigms officer in-charge would proceed to indicate his second authorization by authorising transactions for posting on computer system i.e. the pay in slip is authorised to be used as authorised voucher for high context vs low context posting on computer system. During the period when the transactions covered by Ex.28, took place there was a market practice followed by brion cemetery, various banks to present bankers cheques through a Special Clearance settlement which is known as inter bank settlement. The objective of drawing the bankers cheque was to provide speediest or fastest clearance of such instruments which was not possible through other clearing settlements available to the customers, namely, MICR. If the context context cultures instrument is cleared through MICR clearance, the customer gets funds only on third day.

The other settlement introduced by RBI in the year 1985 in response to the needs of the business community as a mode of faster settlement or cheques, also took minimum two days to activation provide clearance of cheques. He was shown entry Ex.71(4) dated 13.3.1991 into the accounts of Harshad S. Mehta. He stated that the then officer in charge of clearing department had authorized the context vs low context cultures said entry to be made in by sandra, the statement of vs low account. He could not recall the name of the what term to the to accomplish specific said officer who was in charge of clearing department. He agreed that in 1991-92 there was a practice of crediting the proceeds of the bankers' cheques into the account of third party other than its payee. However, it was extended to only certain high networth customers like British Airways, Classic Financial Nizhewan Travels and Harshad Mehta Group, which list is not exhaustive and high cultures he came across the instances in case of the said parties where their bank had allowed such credits. He further agreed that RBI had never taken any action against the Grindlays bank in respect of five pay orders shown to him earlier.

He was aware that RBI possessed the rosalind strong power to take action against any errant bank. High Context Vs Low. The Grindlays bank had not received any complaint from MUL for crediting the amounts of said five pay orders to the account of third party. When the instrument like pay order is drawn favouring Grindlays bank then the same has necessarily to be deposited in Grindlays bank account with RBI. He was asked about the category of customers regarded as High Networth customers. He replied-such classification is generally given by the concerned manager of the bank having regard to the deposits maintained by the customer or other business potentials. Brion Cemetery. Any officer working in the branch of their bank having any doubt was certainly approaching the Branch Manager for clarification and if he could not answer then it was being taken to the Area Manager. The services to cultures be extended to rosalind strong the customers like high networth customers would be decided by the branch manager.

Such decision could not be taken by the concerned officer who attended such customers. In the cross-examination, it is high context vs low cultures, his say that all the five pay orders, which were shown to him being Ex.28, 30, 32, 34 and 36 were sent for brion cemetery inter Bank Clearance by the Grindlays bank. The amount of these pay orders was debited into the account of the issuing bank and cultures credited into the account of Grindlays bank. The account of the issuing bank and payee are with the RBI He admitted that it is only after credit of the proceeds of the said five pay orders in to the Grindlays bank account that the proceeds thereof in paradigms, turn were credited into the account of A-5. PW15 Mr. High Context Vs Low Context Cultures. Kanwal Krishan Kuda, Bank Officer, ANZ Grindlays Bank stated that in the month of March, 1991 he was posted in Sansad Marg Branch, New Delhi as Officer In-charge Remittance Department. He identified A-4 R.N. Rosalind Strong. Popli as the context vs low cultures person working in the same branch in different department of the bank.

It is his further say that he is also one of the accused in a case which has been instituted by the CBI in the Court of Special Judge at Delhi being CBI Case No.RC-2A/92 ACU-(I) which is still pending. It is further stated that he is not conversant with handwritings, signatures or initials of A-4. Cisneros. The activities which they carried out in the Remittance Department were Remittance of vs low context cultures funds from one branch to another branch or another bank, cheque collection, cheque purchases, standing orders etc. During the course of his work, he came across Payees Account Cheque, Pay-in-Slip, debit vouchers and credit vouchers. Rosalind Strong. With regard to the credit voucher dt.26.4.1991 into the account of Harshad S. Mehta, it is his say that the same was approved by him and it bears his initials.

The entry appearing therein is correct and context vs low context cultures the same was prepared on the basis of credit advice received from the RBI. It is his further say that Grindlays Bank did not receive any instructions from RBI for crediting the amount of the two vouchers shown to him earlier into the account of Harshad S. Mehta. The cheques being the brion cemetery subject matter of the two credit vouchers shown to him were not deposited in the department where he was working. The same were deposited in the treasury department in the same branch. It was the treasury department to which they used to send the said cheques for clearance. He could not recollect who was or who were the concerned officers of the context treasury department who would be giving such instructions as there were many such officers. The instructions were conveyed to him orally and he considered the same to be in proper order. PW22 V. Rangarajan is an ex-employee of RBI. He joined R.B.I. in 1961 as a Junior Officer and retired in 1997. It is his say that in December, 1990 he was elevated to the position of Additional Chief Officer and was posted in Department of Banking Operations and Developments (DBOD).

It is his say that the commercial banks have their account with RBI. Individual persons are not eligible and entitled to open their account in any form with the R.B.I. The bankers cheque/pay order issued by activation theory, one bank favouring other bank are negotiated as under:- The payee bank would deposit the cheque for clearance in clearing house and RBI would settle the context cultures payment thereof by giving credit into paradigms the account of payee with RBI. The witness was further questioned-Is it permissible to deposit an account payee bankers' cheque favouring another bank in the account of unnamed persons as per the clearing house rules? The witness replied - Clearing House rules relate to the settlement of cheque issued by one bank in favour of another bank and therefore the accounts of both the banks are involved in this transaction. For highlighting the submission made by the learned counsel for the accused, we would refer to the relevant questions and context vs low cultures answers given by this witness- Q. The practice of crediting proceeds of the Bankers cheques to third parties is brion cemetery, not prohibited by any Banking law or any guideline, rule or circular of the RBI.

A. (Witness refers to portion of the circular Ex. 148 in para 2 reading as under in answer to the said question; 'If any bank credits the account of a constituent who is not the payee named in the cheque without proper mandate of the drawer, it does so at its own risk and will be responsible for the unauthorised payment'. Vs Low. Q. (Witness is referred to portion of his deposition in para 18 on page 495 in by sandra, question and answer form (witness is questioned). Whether the practice of crediting the high vs low context proceeds of Bankers cheques to unnamed beneficiaries was not violative of any specific banking law or any RBI circular or guideline on the subject? A. Synthesis. The same would not violate any Banking law as I understand. As I am not aware of high context vs low context cultures issuance of any prior circular on the subject I cannot say of my name cisneros its violation. Q. The circular Ex.148 was issued with the approval of the then Governor of RBI who was Mr. Venkataramana at the relevant time. (Witness is again referred to portion of Circular Ex.148 in cultures, the second para reading as: 'If an bank credi. for the unauthorised payment'.

Q. Does the use of the word 'Unauthorised' referred to the fact that: the issuing bank may not have authorised the payee bank to credit the amount into the account of third party? A. Yes. The said aspect has been further clarified in what term manipulation of the supernatural specific, the said circular (Witness refers to high context vs low the following portion of the said circular) reading as:- 'In the brion cemetery case of context context 'account payee' cheques wherein a bank is a payee, the payee bank should always ensure that there are clear instructions for disposal of proceeds thereof from the drawer of the instrument'. The Circular dated 09.9.1992 Ex.148 issued by the Reserve Bank of India reads thus:- 'September 9, 1992. Bhadra 18, 1914 (Saka) The Chairman/Chief Executives of Scheduled Commercial Banks (excluding RRBs) Dear Sir, Payment of what term refers to the manipulation of the supernatural to accomplish cheques/pay orders It has come to context context cultures our notice that banks have undertaken large value transactions with third parties on a significant scale by means of cheques drawn on their accounts maintained with Deposit Accounts Department of Reserve Bank of India (RBI) in the names of other banks maintaining accounts with the RBI. As banks are aware, the facility of maintaining accounts with RBI has been granted mainly to enable banks to fulfil their statutory obligations, settlement of transactions with RBI/Government, settlement of inter-bank transactions or adverse clearing balances. It is reiterated that the accounts maintained with RBI should be utilised only for these purposes and not for facilitating credit to accounts of third parties. 2. Rosalind Strong. It has also been revealed during investigations that banks have credited cheques drawn in their favour by other banks marked 'Account Payee' to the accounts of constituents even when they are not named in the cheques as the beneficiaries. High Context. In the case of cheques not having been drawn in the names of constituents nor containing 'any' direction to pay to the constituents the proceeds thereof, or having any other independent direction to that effect, the my name amount cannot be paid to the constituent. If any bank credits the account of a constituent who is not the payee, in the cheque without proper mandate of the high context vs low context cultures drawer, it does so at its own risk and will be responsible for the unauthorised payment.

Payment systems require that the legal requirements laid down in the various relevant laws are fully observed. In the case of 'Account Payee' cheques wherein a bank is a payee, the payee bank should always ensure that there are clear instructions for disposal of proceeds thereof from the drawer of the instrument. If there are no such instructions, the cheque should be returned to the sender. RBI reiterates the Ronald Reuel Tolkien's Essay position that crediting of proceeds of such cheques to parties otherwise than in pursuance of clearly delineated instructions of issuer of such cheques is unauthorised and should not be done under any circumstances. Banks cannot and also should not invoke market practice in justification of doing that, which is not supported by law or recognised banking practice. These instructions should be carefully noted. Banks which indulge in any deviation from these instructions would invite severe penal action.

Kindly acknowledge receipt of this letter. Yours faithfully, Sd/- (V. Rangarajan) Addl. Chief Officer' (d) OTHER RELEVANT WITNESSES INCLUDING EVIDENCE AGAINST A-5: [PW23, PW25, PW16, CW1 and DW5(8) Learned senior counsel appearing on behalf of context A-5 stated that the evidence led by the prosecution for establishing the five transactions is not required to be dealt with as he admits on behalf of synthesis A-5 that in four transactions the amount was taken by A-5 and in first transaction he gave loan to MUL but as loan was given, he has not committed any illegality in taking loan from MUL through UCO Bank. In this view of the matter, it is not necessary to discuss the evidence with regard to the receipt of the money by A-5 through UCO Bank. However, we would refer to the evidence of PW23, PW25, PW16, CW1 and DW5(8) pertaining to A-5 and high context cultures other accused. PW23 Mohan Das Khandelwal, a Share broker, who is approver in this case stated that after doing B.Sc., MBA, he worked with Delhi Cloth General Mills Co. Ltd. and what manipulation specific State Bank of India upto the year 1986. Thereafter, in 1990 he got membership of Delhi Stock Exchange. It is his say that through a common acquaintance, he came across one Ashwini Mehta in the year 1988 and then with Harshad S. Mehta (A-5).

Ashwin Mehta is the high context vs low context cultures younger brother of A-5. It is sociological, his further say that Ashwin Mehta was looking for a qualified person who could assist him in research activities in the share market and he called him to come to Bombay to meet Harshad Mehta and accordingly he went to Bombay somewhere in December, 1988 (when for the first time he met A-5). The purpose was to enable him to have a set up in Delhi. He met A-5 at his residence and context vs low office. In the meeting, they decided to associate with each other for the purpose of carrying out research in-share market and companies in Delhi. At that time, he was also aware that A-5 was active in money market but he did not know much about it. A-5 wanted to rosalind strong set up his business in Delhi and for that purpose wanted to find out suitable place for his office and also establish the office in Delhi. In July, 1989, they got the office premises in Arunachala Building, Bara Khamba Road, New Delhi.

The said premises was purchased by one of the holding companies of Harshad S. Mehta. During his visit to Bombay, he came to context vs low context cultures know the company as M/s Growmore Research Assets Mangement Ltd., which was an umbrella company to give the what term manipulation of the supernatural to accomplish specific corporate identity and context context the office to be set up in brion cemetery, Delhi. The said office premises were acquired with the full knowledge of A-5 who provided money for the same. It is his further say that he came across a person Anuj Kalia. He was recruited as Executive in the said company somewhere in June or July, 1990. Initially, when he met Mehtas in high context, the year 1989, the business activities which were thought over were research activities on Delhi based companies as well as little bit of operations of Delhi Stock Exchange. The business activities were undertaken in the individual name of by sandra cisneros Harshad Mehta. Share market operations were undertaken in the name of Harshad S. Mehta which was his proprietary concern, he being a member of high vs low context cultures Bombay Stock Exchange. After it was decided to set up office in Delhi as stated earlier, A-5 made another trip to Delhi somewhere in April or May, 1989. In this trip, A-5 spoke about the activities in money market.

He stated that money market business was much bigger than the stock market business. He also told him that there were many P.S.U. Companies in Delhi; these PSUs had large investable surplus funds with them and that such large funds of PSUs in Delhi could be invested in banks at Bombay. A-5 wanted him to keep liaison with certain PSUs. He also wanted him to convey on his behalf money market trends, quotations etc. to Ronald Reuel Tolkien's such PSUs. He was supposed to convey the same to the functionaries of the PSUs who were concerned in high context context cultures, the investment of the funds. It was A-5 who used to inform him about the money market trend, rates of interest etc. which he wanted him to convey to the functionaries of the PSUs. A-5 was mostly in Bombay and he used to convey him the same over what manipulation goals?, telephone. It is his say that a number of accounts with various banks were opened in Delhi in high vs low context cultures, the name of Harshad Mehta, in the name of his company and sociological other concerns including the account in high context cultures, the name of Ashwin S. Mehta.

He was one of the my name by sandra cisneros authorized signatories, being a Power of Attorney holder, to context vs low context operate the my name cisneros said accounts except one of the high context accounts which was opened in Citibank. He received the authority for the operation of some accounts which were in the name of Harshad S. Mehta. Usually Mr. Anuj Kalia used to attend to the bank's work. During his visit to brion cemetery Delhi in April/May, 1989, A-5 made reference to MUL and told that MUL had surplus investable funds as a PSU and they were very active in context vs low context cultures, money market. On his request, he fixed an cisneros appointment of A-5 with accused no.1, who was the concerned functionary in the investment of funds. Context Vs Low Context Cultures. He was not knowing the synthesis theory exact date and time but it was during A-5's visit to Delhi in April/May, 1989.

A-l and A-2 were present in the meeting which took place in the office of MUL. It is cultures, his further say that he saw and heard Harshad Mehta introducing himself in the said meeting as a Member of Bombay Stock Exchange who was very active in money market and that he wanted to deal with MUL. He also informed that he had lot of contacts with the banks in Bombay and he could offer to MUL excellent deals in activation, the money market. Question was put to the witness-Did he (Mehta) indicate the method by which he could work out the said offers between MUL and the banks in Bombay? Witness replied-A-l at that time stated that the vs low context cultures MUL could not deal or involve the rosalind strong brokers.

A-5 stated that the deals would be between MUL and high vs low context banks, structured and suggested by him and his name would not appear in the books of what supernatural to accomplish goals? accounts of MUL and that is high context vs low context, what he stated. It is his further say that A-5 stated that he would stand to gain by way of commission and/or brokerage from the banks and that MUL would benefit by getting better deals. A-l stated that he would look into any good proposals if A-5 did not come into picture. The said meeting lasted for half an activation synthesis of dreams hour. He agreed that in connection with the said meeting transactions took place between MUL and any banks at high cultures the behest of A-5. The first transaction was in by sandra cisneros, January 1991. At that time, Harshad Mehta was in Bombay and he was in Delhi. At that time, A-5 informed him that MUL was interested in borrowing the monies. He told him that the high context vs low context cultures securities which MUL would offer were units of UTI, the bank lending the money would be UCO Bank, Hamam Street Branch, Bombay and that offer in that respect would come from the said bank who would be showing it as an offeror. It is further say of the witness that he came across a person named V.N. Deosthali (A-3).

He was an officer working in UCO Bank in its Hamam Street Branch at Bombay. He learnt about the Ronald Reuel Accomplishments same from A-5. At subsequent stage, he had occasion to meet Deosthali (A-3). He heard the name of Deosthali in the year 1990, it may be even early in the year 1989 in connection with some other transactions with some other PSUs. High Context Vs Low. He never came across the name of Deosthali before joining Harshad Mehta's company. In the year 1989 or 1990, he heard the name of Deosthali from brion cemetery, Harshad Mehta. He identified A-3 sitting in high context, the Court. In January 1991 he received the letter Ex.58 of UCO Bank, Hamam Street Branch, Bombay, dated 23rd January, 1991.

As per the said letter, he was to collect 35 lacs units of UTI from brion cemetery, MUL. He contacted A-l for the purpose of complying with the instructions as contained in high context cultures, the said letter. Anuj Kalia was deputed by him to collect the said security. Instructions for transferring the proceeds of the paradigms pay orders of Canara Bank favouring Grindlays Bank into the account of Harshad S. Mehta in vs low, his account in Bombay were given by Reuel Tolkien's Accomplishments, him but he did so as per high context cultures, instructions which he received from Harshad Mehta. He gave instructions in his official capacity being in charge of Delhi office and also as per instructions of Harshad S. Mehta. He had no knowledge as to whether the Canara Bank, Parliament Street 'Branch issued any instructions to the ANZ Grindlays Bank to activation synthesis theory credit the proceeds of the said pay order Ex.36 and the said proceeds of which were credited into the account of high context context Harshad S. Mehta with Grindlays Bank. As per his knowledge, the amount involved in four transactions referred to rosalind strong by him earlier, which were credited into the account of Harshad S. Mehta were reversed at later stages. He further stated that he knew a person by name Ram Narayan Popli, A-4, and he identified him.

In the year 1991, A-4 was working with ANZ Grindlays Bank, Parliament Street Branch, New Delhi. He had occasions to meet him duting the year 1990-91 in the Parliament Street Branch of Grindlays Bank. The purpose of meeting was in connection with the operation of the accounts of Harshad S. Mehta with the banks. High Context. He was not aware what was his official designation at that time, but to his knowledge he was working in the Remittance Department of the Ronald Reuel Accomplishments Essay said bank in its Parliament Street Branch office. He had no specific knowledge whether during the said period he was an officer or a clerk. Whenever, he used to meet A-4, he used to have talk in connection with remittances which were to be received from Bombay or remittances which were to be made from context cultures, Delhi to Bombay branch and he requested him to activation synthesis expedite the process of the said work. A-4 appeared to be very cooperative. On seeing Ex.203, which is a letter written by the witness expressing his desire to make confessional statement, he stated that he was taken to the Court of Chief Metropolitan Magistrate, Delhi. Mr. Context Cultures. Bhatnagar was also present at that time.

The CMM, Delhi asked him whether he wanted to make voluntary statement and activation synthesis of dreams he answered in the affirmative. The CMM assigned the matter to other Metropolitan Magistrate Mr. Yadav. In further cross-examination, he stated that the visit which he stated earlier accompanied by A-5 in high context context cultures, MUL was in its office at Kasturba Gandhi Marg, New Delhi. The meeting took place in a hall type premises. In the said hall number of people which would include employees were sitting.

He further stated that their meeting was with A-l and A-2 who were sitting in the said hall. He was not known to the other employees of MUL who were sitting in the said hall. He and A-5 were sitting across the table and in front of them A-l and rosalind strong A-2 were also sitting there and the said meeting was among four of them. He was arrested by the CBI in this case. It was in the month of August 1994 but he does not recollect the exact date. High Context Context. As far as he remembered, it was on my name by sandra cisneros 10th of vs low August 1994. He presumes that CBI officer recorded his statement on 10th of Tolkien's Essay August, 1994, which was read over to him and he found the cultures same having been correctly recorded. Witness was referred to the portion of the said statement reading as - 'in the said meeting Mr. Harshad S. Mehta, accused no.l and accused no.2 were present'.-The witness stated that his statement before the John Essay Court is correct.

If in his statement recorded by CBI, he has not mentioned about the presence of accused no.2 in the said meeting then it may be that he had not stated about the same. He agreed that Harshad S. Mehta elaborated to A-1 and A-2 about context context, excellent deals in the money market. A-1 showed interest in the deployment of brion cemetery funds of MUL in the money market in the said excellent deals as stated by high vs low, A-5. My Name By Sandra Cisneros. At that time, A-1 stated that MUL could not pay any brokerage to the brokers. He further stated that A-5 did not specifically state that he wanted to act as a broker between MUL and the banks. It is correct that A-5 stated in the said meeting that he would get his brokerage from the high context vs low context cultures concerned banks.

A-1 stated that he did not want to mention the name of Ronald Accomplishments Essay Harshad Mehta as broker in the books of MUL. A-2 was absolutely quiet during the context context cultures said meeting. Al said that he would be open to any good suggestions and rosalind strong offers or proposals in the money market. Witness was shown Pay Order Ex.34 dated 24.4.1991 and was questioned-on what basis ANZ Grindlays Bank credited the proceeds of the high cultures said pay order in the account of Harshad S. Mehta with them? The witness replied-ANZ Grindlays bank usually used to credit the amount on the basis of covering letter of sociological Harshad Mehta issued by Delhi Office.

In some case, ANZ Grindlays bank has also credited the proceeds of pay orders on the basis of pay-in-slips by which pay orders were deposited. The covering letters which used to be normally given to ANZ Grindlays bank were given to Anuj Kalia which were pre-signed but he cannot say whether Anuj Kalia delivered such letters along with the said pay order to the said bank. He did not inform A-1 and A-2 or any other personnel of MUL that proceeds of the said pay order were credited into the account of Harshad S. Mehta in ANZ Grindlays Bank. A suggestion was put to the witness that because officials of MUL knew that the transactions were with Harshad Mehta and not with UCO Bank, the MUL's officials contacted him and not UCO Bank. The witness denied the suggestion and stated that since all letters, bank receipts and securities involved in the transactions were received from Bombay office of Harshad S. Mehta through the Delhi Office, the officials of MUL contacted him. He stated that he cannot say whether the officials of MUL contacted UCO Bank, Bombay.

He denied the suggestion that he deliberately chose to forget the context vs low transactions of term refers to the manipulation supernatural to accomplish goals? 1990 to connect the transactions of 1991 in this case with the alleged meeting of cultures 1989. He was further questioned about recording of brion cemetery his statement by high context cultures, CBI prior to 10.8.1994. He replied that CBI officials had called him earlier on brion cemetery number of occasions and high context cultures questioned him and sociological paradigms he gave them answers to such questions. He could not recollect whether CBI officials recorded his statement/s or not. He again stated that on 10.8.1994 he was arrested. He was summoned by high context vs low cultures, CBI on two occasions in June, 1993 for interrogation in this case.

He was first called on 1.6.1993 and then again on 15.6.1993. Mr. B.C. Bhatnagar called him on paradigms both the occasions. On 1.6.1993, he was called in the CBI office which was then located in Loknayak Bhavan, Delhi. He had received written summons at context cultures that time. Rosalind Strong. The summons mentioned about the MUL's case. He could not recollect the exact time when the process of recording of his interrogation commenced and ended but it was during the office hours between 10 am to 5 pm.

The process of vs low context cultures interrogation continued on when the officer Mr. Refers To The Manipulation Supernatural To Accomplish Specific. Bhatnagar questioned him and he gave answers to his questions. He could not recollect whether Mr. Bhatnagar at that time went on recording his statements. On being shown para 32 of his deposition recorded by Mr. Bhatnagar under Section 161 CrPC, he stated that by vs low context cultures, reading the statement, he can say that he had not mentioned specifically the said fact in his statement before the CBI. He was further referred to his statement recorded on 15.6.1993 wherein he stated that 'earlier on arrival to office on 4.11.1991 (FN) Shri Harshad S. Mehta had told him that he had to activation theory attend a meeting with PM on that day'. The witness denied having made such statement before the CBI. PW25 Mr. B.C. High Context Context. Bhatnagar, SP CBI stated that he was transferred to BSFC Branch of CBI at the end of February 1994 as Dy.

S.P. At that time, he was working in Delhi. Case No.RC.2(A)/93-ACU.VII was entrusted to him soon after the registration of FIR of this case in my name by sandra cisneros, 1993 itself. The FIR of this case was registered by Shri V.D. Maheshwari, who was the SP, CBI and Incharge of ACU (VII) Unit.

Mr. Maheshwari had entrusted this case to him for high context vs low cultures investigation. During the investigation conducted by him Shri Maheshwari being his superior remained in touch with this case as a supervisory authority of investigation till November, 1993. Inspector O.P. Arora, Inspector Dhaga and John Ronald Accomplishments Essay Inspector Routela assisted him in the investigation. Pursuant to high context vs low context cultures the orders from the headquarter of CBI, the papers were handed over by him to Dy. John Tolkien's Accomplishments. S.P. Mr.

Panwar. During the course of investigation, he affected the arrest of all the accused persons stationed at Mumbai i.e. High Context Vs Low Context Cultures. Harshad Mehta and V.N. Deosthali. He also enquired about the status of MUL. The requisite information was received by to the to accomplish specific, him from Mr. BS Bhargava, the Company Secretary of MUL vide document Ex.21 During the course of investigation, one Mohan Khandelwal was arrested by Dy.S.P.

Shri Panwar. High Context Context Cultures. In August, 1994, he was transferred to BSFC and was again associated with investigation of this case. Mr. Verma, the then SP, Mr. JN Prasad, working as SP and my name by sandra Mr. US Dutt, then DIG were his superiors and were supervising the investigation. On or about 31st August, 1994, Mr. High Context. Mohan Khandelwal gave him a letter Ex.203, which was discussed by him with his superiors. It was decided that in case Mr. Khandelwal discloses the full facts he may be taken as an approver and his statement may be got recorded. He further stated that he did not take possession of the activation synthesis visitors register of MUL during investigation.

He also did not ascertain that MUL at all maintained such a register or not. He had ascertained the date of high context cultures joining of A-2 with MUL as 19.4.1989 and that during the month of May, 1989 A-2 was on an orientation programme at the factory at sociological paradigms Gurgaon. Except the context cultures statement of brion cemetery Mohan Khandelwal, he was not aware when A-S visited Delhi during the high context context cultures month of April-May, 1989. He secured the statement of Mohan Khandelwal with regard to the presence of A-l and A-2 and about the fact of the meeting in April-May, 1989. On seeing the case diary he stated that he had recorded one statement of Mohan Khandelwal on 1.6.1993. Brion Cemetery. Prior to 15.6.1993, he had not recorded any statement of Anuj Kalia. Between 15.4.1993 to 15.6.1993 he had not interrogated Anuj Kalia.

In cross-examination, the witness stated mat he does not remember if during the course of investigation, he had checked up the various records of Grindlays Bank, Sansad Marg Branch where A-4 was working and particularly between February 1991 to high context May 1991. He also does not remember if he had made any application/request for production of documents to the said bank during the said period and that he had conducted any search and seizure from the said bank with regard to the documents like attendance register, duty roster or any other similar document showing the presence of brion cemetery particular officer at particular time. He agreed that he neither saw nor took into possession any such record dated 25.2.1991, 13.3.1991, 18.3.1991, 24.4.1991 and 2.5.1991 with regard to high context context the presence of of dreams A-4 in the concerned bank on these dates. He further stated that it is wrong to say that due to context cultures the five transactions in question no pecuniary loss has been caused to MUL. He stated that the loss was caused to the MUL due to lower rate of interest and that fact is mentioned in the charge-sheet. In further cross-examination, the witness stated that during the course of investigation MUL never complained of any pecuniary loss to it. MUL also did not disclose if it had filed any case of recovery against ANZ Grindlays Bank, Sansad Marg Branch, New Delhi, for any loss. During the course of investigation, he had not visited any other bank except the Grindlays bank to ascertain the procedure of inter banking clearance. He had examined the transactions of high value inter banking clearance prior to February 1991.

These transactions pertained to the high network customers of the bank. He had also checked the high value transactions of inter banking clearance pertaining to high network customers of the bank between February, 1991 to May, 1991. After May 1991 he had not examined such kind of transactions of the bank. Sociological. He could not remember as to how many transactions of the kind of nature referred to above were examined by him prior to high context cultures February, 1991. He agreed that he did not check up the record and the procedure of inter banking clearance of the cheques of sociological paradigms high value of the high networth customers of Bank of America, Hong Kong and high vs low cultures Shenghai Banking Corp., Standard Chartered Bank or any other foreign bank. He denied that he had deliberately not checked the said procedure with other banks as it would have shown that the Grindlays Bank was also adopting the same procedure as followed by other banks during the relevant period for inter banking clearances of high value cheques. He also denied the suggestion that he had deliberately not checked up with Grindlays bank with regard to the attendance and posting etc. of A-4 with the obvious purpose that such records would have falsified the case of the prosecution in relation to A-4. He also denied the suggestion that on 31.8.1994 Mohan Khandelwal was under tremendous pressure due to John Ronald Tolkien's Essay rejection of his application by high context vs low, the Special Judge and the fact was in his knowledge and that the my name cisneros accused had no other choice except to toe the line of CBI and to become an approvor -. He was not aware of context context cultures Mohan Khandelwal being involved in five or six other cases of scams at the relevant time. He also stated that it was one of the activation synthesis of dreams significant factor in the investigation that toss had been caused MUL During the course of preliminary enquiry he had collected information which indicted pecuniary loss to MUL Out of the five transactions in qaestion, the first one was borrowing by MUL whereas the remaining four were lending by MUL, the loss was caused to MUL because MUL paid higher of interest in high context, comparison to the rate of interest paid by othor PSUs on borrowing. He does not remember as to what rate of interest was paid by rosalind strong, MUL but it is mentioned in the charge- sheet He had seen the charge sheet, It does not carry any mention of other PSUs. Context Vs Low. There is also no list showing the rate of bonowing by other PSUs. admitted that the rate of rosalind strong interest in the market fluctuates from day to day and hour to hour, He investigated on the aspcct as to on what rate of interest other PSUs borrowed on 23.11.1991.

He had not reocorded the statements of any person from those PSUs. High Cultures. But he collected the data showing the borrowing rat of interested. He had collected such data from GAIL, Indian OIL and ONGC etc, but it has not been made part of the charge-sheet, the reason being oversight. He silted that it was Wrong to suggest that the said data was deliberately suppressed because it would not indicate any loss to my name by sandra cisneros MUL. At that time, he did not consider it necessary to record the statement of the concerned officials of the PSUs. He could not renumber if the had recorded the statement of any official of MUL on the point of vs low cultures loss.

He does not recollect if MUL had other borrowing on that day and if so at what rate.He agreed that MUL had not lodged any FIR with regard to any of the five transactions in question. He had recorded the statement of R.C. Bhargav and Natrajan during investigation to ascertain if any other higher authority of MUL was also involved in the case. On the brion cemetery basis his conclusion was that A-1 and A-2 were liable for their acts as mentioned in the charge-sheet So far as Mr Bhargav and Mr. Natrajan were concerned, they were found not involved directly, they ware involved not criminally but for context vs low approving the proposal put by A-1 and A-2, The proposal put by A-l and A-2 was a criminal act Mr, Bhargav and Mr. Natrajan were not aware that the investment in fact has been made with A-5 through UCO Bank. Rosalind Strong. Mr. Bhargav and high context vs low context cultures Mr. Natrajan had bonafidely accepted the proposal put up by A-l and A-2. A-l and A-2 were the person who were responsible for investing the amount with the banks for my name by sandra the benefits of MUL. The approval by Mr.

Bhargav and Mr. Natrajan was with the high cultures application of mind. My Name Cisneros. Following Question was put to context vs low context cultures the witness- (Q.) Do you now understand the distinction between 'advancing to' and 'advancing through'? (A) Yes, when the advance is brion cemetery, made to a person directly it is 'advance to' and high when there is a mediator then it is 'advance through'. Sociological. The witness further stated that similarly there is a distinction between 'placing funds with' and 'placing funds through'. On seeing Ex.23, wherein the placing of high vs low context cultures funds through UCO Bank is mentioned, he stated that so far as this document is concerned the funds were placed through UCO Bank and not to UCO Bank. Similarly, in Ex.24 the word used is 'through'. In these two documents even after the use of the word 'through', his conclusion was that the placement of paradigms funds by MUL was with UCO Bank and not with a third person. The witness further clarified that the placement of funds was with UCO Bank which offered the sale of units available with them and the contents of the resolutions in Ex.23 and Ex.24 should be read with the high vs low Agenda Note and the letter of cisneros offer by UCO Bank. According to him, after the placement of funds with UCO Bank, the Bank would not be acting illegally if it places those very funds with a third party. He admitted that in Ex.24 MUL had adopted a resolution on high context context the same day placing the funds with M/s Can Bank Financial Services for synthesis of dreams investment in bonds/units/government securities. He denied that he and the Investigating Agency have protected Mr.

Bhargav and Mr. Natrajan. He could not remember if he had recommended the prosecution of Mr. Bhargav and Mr. Natrajan or that the Investigating Agency rejected that recommendation for cultures extraneous reasons. The decision to name Anuj Kalia in the FIR was of Mr. Maheshwari and activation synthesis of dreams the Investigating Agency and he had agreed. The decision to drop him from the list of accused was his and that of investigating agency. After recording statement of M. High Vs Low. Khandelwal under Section 164 Cr.P.C. it was decided to drop him from the sociological list of accused.

Till that time, he was an accused. It was the decision of Mr. Maheshwari and the Investigating Agency not to cite M. Khandelwal as an accused at the time of FIR. He does not know as to who was the particular person in the hierarchy of CBI whose decision was not to cite M. Khandelwal as an accused in the FIR. As an IO, he was at the bottom of the hierarchy i.e. SP and then his DIG, Joint Director, Additional Director, Special Director and the Director.

He had in fact not made any conclusion as to whom should be made the accused. He had only high given his findings of the what term refers to the specific preliminary enquiry. Context Context Cultures. During the Ronald Reuel Tolkien's Accomplishments Essay course of preliminary enquiry, he had learnt that Anuj Kalia was the person who took the high cheques of brion cemetery these five transactions to and fro, the high vs low cultures bank and delivered them in Delhi. He had mentioned the role of Anuj Kalia in the report submitted to his SP. During the course of enquiry, he had also learnt the role of rosalind strong Mohan Khandelwal and that at all times Anuj Kalia was acting on his instructions. He had mentioned the vs low context cultures fact in his report that Anuj Kalia was working under Mohan Khandelwal. In further cross-examination, he stated that A-3 was implicated on account of the overt acts done by him as mentioned in John Ronald Tolkien's Essay, the charge-sheet. Context Vs Low. One of the overt acts of A-3 was issuing irregularly the bank receipts.

Although the issuance of bank receipts was an usual and common practice being followed by UCO Bank under instructions from Head Office and on behalf of their clients, A-3 issued Bank Receipts single handedly. He did not remember if A-3 was not in the branch of UCO Bank when the last two transactions took place or that between 15.4.1991 to 15.5.1991 he had been transferred to Hingna branch in Maharashtra. He agreed that he had not implicated the officer who played the role of A-3 during last two transactions. He did not remember if the said officer was Mr. Shidey who performed the role of A-3 after his transfer. On seeing the bank receipts Ex.A-5 (17) to Ex.A-5 (29), he stated that he had not seen the same during the rosalind strong course of investigation of this case.

Those documents were not seized in this case. He agreed to the suggestion that the high context cultures statement dated 15.6.1993 of Mohan Khandelwal was not a statement connected with mis case. He did not remember if the statement dated 15.6.1993 came to be recorded only because a day earlier i.e. on 14.6.1993 Harshad Mehta happened to convene a press conference in which he leveled me allegations of having paid Rs.One crore to Narsimha Rao, the then Prime Minister and in which Mohan Khandelwal was a vital witness. He did not know if the sociological paradigms said statement dated 15.6.1993 had been brought to the notice of Mr. Narasimha Rao and his advisors. PW16 Anuj Kalia stated that he was working as Management Trainee with M/s Growmore Research and Assets Management Ltd. at New Delhi. While working in the said company and in connection with the work of mat company, he came across a person by name Harshad S. Mehta. It is stated that the said company namely M/s Growmore Research and Assets Management Ltd. was a family concern of A-5. During 1990 and context 1991, A-5 used to visit the said office at Delhi once in a few months or so. During the said period, A-5 was stationed in Mumbai.

It is further say of this witness that he got himself appraised of the nature of the business of the said company which was to conduct the research in Stock Market and to make investments in stock market and similar services of broker. The witness further stated that during his visits to Grindlays bank in connection with the work of their company, he came across an officer by name R.N. Popli, (A-4) working with the said branch of Grindlays Bank. and that A-4 was attached to Remittances Department. Sometimes, he also worked in other department. The witness also stated that in connection with the office work, he had occasion to visit the office of MUL situated at Kasturba Gandhi Marg, New Delhi on few occasions. On seeing the paradigms letter Ex.58 issued by the UCO Bank on 23.1.1991 addressed to MUL, New Delhi, he stated that he had an occasion to context cultures handle the said letter.

The said letter was given to him by Mohan Khandelwal. At that time, he was also given one more letter by Mr. Khandelwal (witness was shown Ex.A-5(l) being receipt dated 24.1.1991 on the letter head of Harshad S. Mehta). Along with the said letter shown to him, Mr. Khandelwal gave him this document also. He was instructed by Mr. Khandelwal to go along with both these documents to sociological paradigms the office of context context cultures MUL and collect the envelope containing units of UTI from that office. The witness stated that he had an occasion to collect bank pay order from the office of MUL while working in the said company. He did so under the instructions of Mr.

Mohan Khandelwal. He was instructed by Mr. Khandelwal to go to the office of MUL and meet either A-l or 2 and collect the activation banker's cheque and then deposit the context same into the account of Harshad S. Mehta with Grindlays bank, Sansad Marg Branch. He was not appraised and he was also not aware in respect of what transaction the said payment was made for as he was simply told to collect the cheque. On seeing the pay-in-slip dated 25.2.1991 [X-18 (Ex.100)] of ANZ Grindlays bank, the witness stated that the activation theory of dreams same is context, pay in slip on activation synthesis theory of dreams the printed format of ANZ Grindlays Bank.

The same is written in his handwriting and he identified the same. The initials therein appear to be of A-4 but he was not sure about the same. He filled in cultures, the said pay-in-slip for depositing the bankers' cheque issued by Canara Bank, Parliament Street Branch as per instructions of Mr. Khandelwal. The said pay-in-slip is the detached part from its counter foil which remains in the book.

The rubber stamp of the Grindlays Bank dated 25.2.1991 appearing therein was put by the said bank when the theory cheque was deposited. Such rubber stamp was also put by the said bank on the counter foil of the said pay-in-slip. On seeing Ex.26-MUL's instruction letter dated 25.2.1991-the witness stated that it is the letter on the strength of which he collected the pay order Ex.28. The same bears his signature at two places marked as Ex.27(l) and cultures 27(2) in the said letter. Handwritten portion thereon reading as Mr.

Sai Swaroop Please deliver the cheque to Mr. Anuj Kalia is the handwriting of A-2 and he identified the same being familiar therewith. He identified the signature thereon marked as Ex.26 (2) as that of A-2 Ambuj Jain. Rosalind Strong. Further, on seeing Ex.101-covering letter dated 25.2.1991 on letter head of Harshad S. Context Vs Low Context Cultures. Mehta addressed to the Manager, Grindlays Bank, New Delhi-the witness stated that the hand written part of the said letter was written by him in term of the supernatural to accomplish, his own handwriting and he identified the same. The same has been signed by Mr. Mohan Khandelwal under the caption of authorized signatory and he identified the high context same being familiar therewith. He wrote the said letter under the instructions of Mr. Mohan Khandelwal.

The said letter was written for depositing the bankers' cheque of Canara Bank mentioned therein into the account of A-S as such letters used to be written for depositing bankers cheques into the said account. Refers Manipulation Supernatural To Accomplish Goals?. On seeing Ex.102-detached part of pay-in-slip of Grindlays bank dated 13.3.1991-the witness stated that the same was in his handwriting and he prepared the same for high context depositing bankers' cheque of Canara Bank, Parliament Street Branch, as per brion cemetery, its number and amount mentioned therein into the account of A-5. On seeing Ex.76, the witness stated that he wrote the context cultures said letter under instruction of Mohan Khandelwal. He handed over the letter Ex.76 along with pay-in-slip Ex. 102 and Ex.30 to A-4 in Grindlays Bank.

He handed over the instruction letter and pay order to A-4 because A-4 was handling the said work and he was also instructed by Mr. Khandelwal to do so. Brion Cemetery. On seeing Ex.32, 78 and 103 being Canara Bank's pay order dated 18.3.1991 favouring Grindlays Bank, Pay-in-slip dated 18.3.1991 and instruction letter dated 18.3.1991, the witness stated mat the said documents co-relate to each other and he handed over the same to A-4 as he was the concerned officer handling the high context said work and John Tolkien's Accomplishments Essay he was also instructed by Mr. Khandelwal to do so. It is his further say that X-18 pay-in-slip dated 24.4.1991 of ANZ Grindlays Bank was filled in by him and it relates to the deposit of bankers' cheque of Canara Bank, Sansad Marg Branch of the number and amount mentioned therein into the account of A-5. He deposited the said cheque by the said slip under the instruction of Mr. Khandelwal.

On seeing Ex.26, which is an instruction letter dated 25.2.1991 of MUL to Canara Bank, Parliament Street Branch, the witness stated that he read the name of high context context cultures Mr. Sai Swaroop in the said letter in refers manipulation of the supernatural to accomplish specific goals?, a portion which has been marked as Ex.26(3). Mr. Sai Swaroop was the Manager of Canara Bank attached to Parliament Street Branch at that time. He had occasions to meet the high context vs low context cultures said officer few times. He further stated that for collecting the letter Ex.26, he had visited MUL's office but, to the best of his knowledge, he did not deliver 35 lacs units of UTI to MUL when he collected the said letter. He could not recollect as to whether in fact he delivered 35 lacs units of UTI into the office of MUL on 25.2.1991. In the cross-examination, the witness stated that he was questioned by the CBI Officers in Scam related cases. Rosalind Strong. He does not recollect exactly but somewhere in july or August, 1992 he first time came to be questioned.

He had received a process at that time from the CBI Officer. He does not remember the name of the vs low cultures officer who questioned him. My Name By Sandra. He denied the suggestion that in the CBI Office he was told to implicate A-4 in this case and that he would not be implicated in this case. To the question that-during February and May, 1991 A-4 was not working in Remittance Department in Grindlays Bank in context cultures, its branch at Sansad Marg,-he replied that he was not knowing about his department but he knew where he used to sit in the said branch. CW1 Mr. Vishnu Deo Maheshwari, SP CBI stated that during the years 1991, 1992 and 1993 he was supervising investigation of brion cemetery cases relating to anti corruption offences. In the year 1992-93 Mr. Amod Kanth, the then DIG was his superior.

Mr. B.C. Bhatnagar, the then Dy. High Vs Low Cultures. S.P. was amongst the subordinate officers working under him during the said .period. He was asked to sociological explain about his precise role in the process of supervision/investigation of the MUL's case. He stated that he discussed the evidence collected by Mr.

Bhatnagar who was the I.O. of the case as also with senior officials; examination or interrogation of witnesses and to assess the documents collected as abo the statements of witnesses and to high cultures discuss with I.O. as well as senior officers. Besides supervision of the Reuel Tolkien's Essay investigation of the case, the then DIG Mr. Amod Kanth ordered to examine one Mr. Mohan Khandelwal with the assitance of I0 about the MUL's security transactions as well as cash withdrawals during 1991-92 from the accounts of A-5. Accordingly, he recorded the statement of Mr. Khandelwal on 15.6.1993 in presence of I0 at Delhi. He stated that FIR was registered on 15th April, 1993. It is his say that to ascertain whether any departmental irregularity was committed or any criminal offences were committed, the CBI instituted the preliminary enquiry. He admitted that mere is no statutory provision which permits or allows the high context cultures investigating agency like CBI to institute and conduct preliminary enquiry as has been done in this case prior to the registration of crime. He did not know why the said statement dated 15.6.1993 of paradigms Mr.

Khandelwal was not furnished and context or included along with the papers accompanying the charge sheet submitted before the Court. He did not instruct the investigating officer of this case not to activation of dreams include the said statement along with the charge sheet. So long as he handled the case, the said statement dated 15.6.1993 formed part of the record of mis case. He further stated that the context context source information did not disclose commission of any offence. Rosalind Strong. It was not clear -whether any criminal act was committed or any irregularity was committed. He did not remember any other role of Mr. Khandelwal that was discovered during the said period but the fact that he was the high context cultures constituted Attorney was discovered. He further did not remember as to why Mr. Khandelwal was not named as accused in the FIR. The attention of the witness was drawn to the parts of the statement of Mr. Khandelwal recorded on brion cemetery 15.6.1993 by him, which are as under:- (i) For withdrawal of 25 lacs the self cheque signed by him was given to Shri Anuj Kalia who brought the cash to the office and delivered to him when Shri Harshad S. Mehta was also present in the office.

(ii) The VIP suit case containing the said cash brought by Shri Anuj Kalia was handed over to context vs low context Shri Harshad S. John Ronald Reuel Tolkien's. Mehta who took it in the Honda Car of Shri Sunil Mittal and high context took away the what term refers manipulation supernatural specific money to some place not known to him. (iii) Visited at ANZ Grindlays Bank along with Shri Anuj Kalia. (iv) The cheque was encashed and cash was brought to the office but the suitcase containing cash remained in the office NE 118. (v) At about 3-4 p.m. Shri Harshad S. Mehta came to office in the car of Shri Sunil Mittal and the suitcase containing cash lying in NE 118 car was shifted to the car of Shri Sunil Mittal. (vi) He, Sunil Mittal and Harshad S. Mehta went to residence of Shri Sitaram Kesari, party Treasurer. High. (vii) There he remained along with them in the front room. (viii)Later Shri Harshad S. Mehta and Sunil Mittal went inside the connected room and the suitcase containing the cash was picked up by somebody from the Bungalow (Residence of rosalind strong Shri Sitaram Kesari) and taken inside that room. (ix) While returning from high context vs low context cultures, that room Shri Kesari asked Harshad S. Mehta to write amount towards donation to Congress Party funds; (x) Harshad S.Mehta initialed in the note book produced by Shri Kesari. Rosalind Strong. (xi) Then all three of high context vs low context cultures them returned to office from where he remained in rosalind strong, the office and Shri Harshad S. Mehta along with Sunil Mittal proceeded to Hotel; (xii) Similar heavy cash withdrawal was also done on 4.5.1992 when Rs.20 lacs were withdrawn from the same bank.' The witness was questioned-whether the said evidence of Mr. Vs Low Context Cultures. Khandelwal denying the recording of his said statement was true? The witness replied 'No'. He had recorded the said statements. He said that Mr. Khandelwal in his said statement recorded by him on 15.6.1993 had made the statement as above at SI. Nos.(i) to (xii). On the basis of the sociological aforesaid statement, question was asked to the witness that-whether he realised that the said statement disclosed the material requiring or warranting separate and high context independent enquiry in certain aspects which were not covered or directly related to the evidence of the case which he has registered as per the FIR?

To this question, he replied that he did realise so and thereafter DIG Mr. Amod Kanth conducted some enquiry with Mr. Sitaram Kesari who revealed that he did not recollect about the donation to the party. DW5(8) Atul Manubhai Parekh stated that he is dealing with Pharmaceuticals and sociological paradigms chemicals since about last two years. Prior thereto, he was in the employment of A-S from high context vs low context, June 1990 till June 1992.

He was Asstt. Vice President and looking after settlement of money market transactions of A-5. He used to sit at Nariman Point Office, Bombay of A-S. He then stated that deals in money market transaction in security transactions used to take place during the day for and on rosalind strong behalf of A-S. High Context Vs Low Context Cultures. His duty was to confirm about the delivery of the securities both delivery on rosalind strong behalf of A-S as also receipt on behalf of other parties.

Regarding the procedure of settlement of the deals and high vs low context about his role, the witness stated that after feeding the computer, the my name by sandra cisneros contract notes and delivery orders were generated from the computer and handed over to him. On receipt thereof, he used to depute the context context delivery boys to the concerned banks for refers to the manipulation supernatural to accomplish specific goals? the purpose of high cultures collecting or receiving the deliveries of the securities. After collecting the securities, the same used to be sent to UCO Bank, Hamam Street Branch, Bombay. The delivery boys would deliver the securities and men collect the bankers cheques from refers to the of the supernatural specific goals?, UCO Bank and deliver again the said bankers cheques to the banks from where they had earlier collected the securities in high cultures, question. UCO bank, Hamam Street Branch, Bombay was giving routing facility for brion cemetery money market transactions to various brokers which included his master A-5. He used to do daily reconciliation with UCO Bank, Hamam Street Branch, Bombay in respect of the security position in the account of vs low A-S on telephone. After confirming the position of the balance of the securities in a form of BRs held by UCO Bank in the account of A-5, he would pass on Accomplishments the same to the dealers of A-5. Without holding the securities by way of BRs, UCO Bank would not issue BRs for and on behalf of A-5. Apart from BRs the securities in the physical form of A-5 would also lie with UCO Bank, Hamam Street Branch, Bombay.

Whatever securities received either by BRs, SGLs or physical for and on cultures behalf of A-S, the my name by sandra same used to remain with UCO Bank, Hamam Street Branch, Bombay. There used to be generally surplus balance of securities in the account of A-S with UCO bank, Hamam Street Branch, Bombay. High Context Cultures. He agreed to the suggestion that UCO Bank, Hamam Street Branch, Bombay issued its BR in respect of 70 lacs units of UTI on 13.3.1991 in sociological paradigms, respect of the second transaction favouring MUL. He was in Bombay when A-5 was arrested. High Context. He was also arrested by CBI in RC Case No.8(A)/92. He was aware that A-5 was kept in the CBI custody for well over 90 days. Rosalind Strong. He was not knowing whether A-5 was under CBI custodial interrogation. ALLEGED CONSPIRACY In this case, conspiracy is the vs low context basis for convicting the accused. Special Court has mainly relied upon the evidence of PW23 for holding that prosecution has established conspiracy on the basis of so-called meeting between A-1, A-2, A-5 and PW23 Mohan Khandelwal in the month of April/ May, 1989.

For conspiracy, it is the prosecution version that A1 to A5 entered into a criminal conspiracy to what refers supernatural specific siphon-off the funds of MUL in context vs low, favour of A-5 and my name cisneros afore-quoted five transactions took place, even though there was a specific bar of granting loan by MUL to individuals. Mr. Mahesh Jethmalani who appeared as amicus curiae for high vs low context cultures A-3, submitted that the conspiracy charge is not tenable for the following reasons:- (a) It is absurd to suggest that the brion cemetery conspiracy took place in 1989 and high context cultures the first overt act in pursuance of that conspiracy took place in March, 1991. The link between the conspiracy of activation 1989 and the first overt act of March, 1991 is further broken by the fact that 13 other transactions took place in the year 1990 between A-5 and MUL. All these transactions have been brought out in cross-examination of PW23 and the relevant documents have been proved by the defence through their defence witnesses. (b) There can not be a conspiracy to vs low cultures siphon-off surplus funds when the my name by sandra cisneros overt acts show that nothing of that kind happened even once; monies were lent on security and repaid with interest on high the due date. (c) There was effort made to prove this absurd conspiracy based on the sole evidence of the approver PW23. Now in this very case it has been held by the previous Bench that the pardon granted to the approver by the Magistrate was invalid. Where the pardon granted is without jurisdiction the use of the John Ronald Reuel Essay evidence may not affect the validity of the entire proceedings by reason of the curative provisions of Cr.P.C. but certainly the evidence becomes inadmissible. It is vs low context cultures, significant that the Solicitor General during his long arguments never once relied upon the evidence of the approver. (d) The veracity of PW23 has been destroyed in cross-examination. He denied his taped conversation and feigned ignorance of rosalind strong one police statement.

He suppressed truth from the JPC. Even if the evidence of PW23 is taken at high cultures its face value, it does not disclose any conspiracy viz. an agreement to commit an illegal act. (e) It is well-settled that an brion cemetery approver is not worthy of credit and his evidence must be corroborated in all material particulars through independent evidence. The conviction cannot be based on sole evidence of an approver. It is submitted that in vs low cultures, the instant case there is no corroboration of the so-called conspiracy through any independent evidence; in fact the evidence of approver himself does not disclose any conspiracy as alleged in brion cemetery, the charge. Learned senior counsel Mr.

Jethmalani also referred to a note recorded by 13 Members of JPC, wherein it is stated as under - . Context Vs Low Context. The CBI's treatment of synthesis theory Shri Mohan Khandelwal, first as a 'source' and thereafter as an accused is mystifying, to say the least No satisfactory explanation about this was ever forthcoming'. It is submitted that from the aforesaid note inference is obvious - the registering of preliminary enquiry in this case and context context other cases was an attempt to threaten PW23 for not disclosing to the public what he had informed to Shri Sharma, DIG Special Investigation Wing privately. The registering of the cases had the desired effect-PW23 did not reveal his knowledge to anybody because me agency to whom he had revealed it from June, 1992 onwards, had chosen not to use the information but to investigate cases in rosalind strong, which he could be roped in. Obviously, the context cultures filing of paradigms cases against high vs low cultures, PW23 intimidated him sufficiently not to divulge the information he was aware of. He submitted that this is crystal clear from the evidence of CW1 Mr. V.D. Maheshwari wherein he has stated that Mr. Khandelwal in what term to the manipulation supernatural specific, his statement dated 15.6.1993 disclosed that after withdrawing large amount from the bank, A-5 along with Sunil Mittal went at the residence of Mr.

Sitaram Kesari, Congress Party Treasurer and handed over the said amount to him. High Context Vs Low Context Cultures. To suppress this, Mr. Khandelwal was made approver. The learned counsel for all the accused contended that prosecution story of conspiracy between Al to A5 is absurd, subsequently developed and cooked up. It is contended mat one of the purposes for developing the story of brion cemetery conspiracy hatched in the year 1989 might be for seeing that the context cultures offences are tried by the Special Court.

It is contended that under Section 3(2), the offence which took place between first day of April, 1991 and on or before 6th June, 1992 could only be tried by the Special Court. The transactions of my name by sandra giving loan by A-5 on 24.1.1991 to vs low context cultures MUL and borrowing by A-5 on 13.3.1991 which was repaid on 25.3.1991 and third transaction for which amount was received on 18.3.1991 and repaid on 22.3.1991, would not be covered by sub-section (2) of Section 3 of the SCAM Act. Hence, it is submitted that the Ronald Accomplishments Essay allegation of conspiracy between the accused since 1989, apart from being unreliable, is context vs low context, cooked up. For appreciating the contention, we would refer to the FIR which was lodged on 15.4.1993. In the cisneros FIR, (in para 3) it has been mentioned that- 'S/Shri Pramod Kumar and Ambhuj Jain entered into high vs low context a criminal conspiracy during the period from January, 1991 to May, 1991 at what Delhi and Bombay with V.N. Deovasthali an officer of UCO Bank, Hamam Street Branch, Bombay, R.N. Popli of ANZ Grindlays Bank, Delhi and Shri Harshad S. Mehta, a broker, his employee Anuj Kalia and context vs low certain other unknown persons with the object to misappropriate the said surplus funds of MUL and to provide pecuniary advantage to paradigms Shri Harshad S. Context Context. Mehta out synthesis theory of dreams, of the funds to be invested by MUL by abusing their official position as public servants.' Similar allegations were made in the charge-sheet, which was filed on 15.12.1994 which reads as under:-. High Vs Low Context. 'The investigation has further revealed that Pramod Kumar (A-l) and Ambhuj Jain (A-2) entered into activation synthesis theory a criminal conspiracy and context vs low were member of the same during the period from January, 91 to May, 91 at Delhi and Bombay with V.N.

Deosthali (A-3), then Asstt. John Ronald Reuel Essay. Manager UCO Bank, Hamam Street Branch, Bombay, R.N. Popli (A-4) of ANZ Grindlays Bank, New Delhi, Harshad S. Mehta (A-5) a broker and Mohan Khandelwal an attorney of Harshad S. Mehta, with the object to high cultures misappropriate the surplus funds of MUL and to John Ronald Accomplishments Essay provide pecuniary advantage to Harshad S. Mehta (A-5) by abusing their official position as public servants.' In respect of the aforesaid prosecution story that accused entered into criminal conspiracy during the period-January, 1991 to May, 1991 - the prosecution has not led any evidence and context cultures it appears that it has given up the term refers to the manipulation supernatural said version. On the contrary, prosecution led evidence to the effect that there was conspiracy either in April or May, 1989 between Al, A2 and A5 and for that purpose it relied upon the evidence of approver PW23 Mohan D. Khandelwal, who was associated with A-5 for the purpose of carrying out research in share market and companies in Delhi somewhere in the month of February or March, 1989. During his visit to Delhi in context vs low cultures, April/May, 1989, A-5 made reference to MUL and told that MUL had surplus investable funds as a PSU and they were very active in money market. It is the say of PW23 that A-5 desired that he should fix an appointment with A-l who was the concerned functionary in the investment of the funds by MUL. Therefore, a meeting was fixed in John Tolkien's Essay, the month of April/May, 1999 which took place in the office of MUL in Delhi. In the said meeting, A-5, A-l and A-2 were present. High Context. In the meeting, A-5 stated that he wanted to deal with MUL and by sandra cisneros that he was having lot of high context cultures contacts with the banks in Bombay and could offer to rosalind strong MUL excellent deals in the money market.

Relevant talk which transpired in the said meeting is high context context, as under. - 'Ans. 34. The accused no.l at that time stated that the MUL could not deal or involve the brokers. Mr. Brion Cemetery. Harshad S. Mehta stated that the deals would be between MUL and banks, structured and high context suggested by him i.e. Mr. Activation Synthesis. Harshad S. Mehta. Mr. Mehta would not appear in the books of accounts of MUL and mat is what he stated. Ans.

35. High Context Vs Low. Mr. Harshad S. Mehta stated that he would stand to gain by term refers to the manipulation of the supernatural to accomplish specific goals?, way of commission and/or brokerage from the banks. He also stated that MUL would benefit by getting better deals. Ans. 36. The accused no. 1 stated that he would look into any good proposals if Mr.

Harshad Mehta did not come into picture.' From the aforesaid evidence, it is absolutely clear that there was no conspiracy to high vs low cultures indulge in any illegal activity. As per rosalind strong, the evidence of high vs low context cultures this witness, A-l stated that he would look into rosalind strong any good proposals if A-5 did not come into picture. This statement would not mean that A-l agreed for committing any illegal act or offence. There is no evidence that A-5 suggested for commission of any illegal act. In further cross-examination, this witness has admitted that he was not sure when A-5 visited New Delhi, but he visited New Delhi once in April or May, 1989 and the meeting took place in the office of MUL at context vs low context cultures New Delhi.

The attention of the witness was also drawn to the hand written entry in the visitors' register of the ONGC, New Delhi for rosalind strong the period 25.2.1989 till 4.11.1989, which reveals that A-5 was present in Delhi on 10.4.1989 and even assuming that A-5 stayed there for one week, as stated by the witness, his stay would be up to 17.4.1989. On the basis of the aforesaid evidence, it has also been rightly contended that the story developed by the prosecution that A-2 was present during the high context context cultures said meeting is, on the face of brion cemetery it, absurd. For this purpose, it has been pointed out that by an office order dated 4.4.1989 Ex.Al and Ex.A2 (5), A-2 was appointed and thereafter he joined the MUL on 19.4.1989 as Junior Officer on probation. He was sent for refresher course from 1st May. In this set of circumstances, it would be difficult to believe that a raw junior officer who was on high probation would take part in alleged meeting and be a party to conspiracy of dealing in MUL funds illegally or irregularly.

Further, PW23 has developed a story after his arrest on my name by sandra cisneros 10.8.1994 that A-2 was present in the meeting. PW23 has admitted in cross-examination that he was first summoned by CBI in June, 1993 for interrogation on two occasions, i.e. on 1.6.1993 and 15.6.1993. In further cross-examination, he admitted that neither he could recollect the exact date and time of the meeting which took place in the premises of MUL nor remember the month of the meeting. The witness has also stated that if in the statement recorded by high context cultures, the CBI, he has not mentioned about the presence of A-2 in the said meeting, then it may be, he has not stated about the same. The public prosecutor admitted that it was an omission in brion cemetery, the statement recorded by the CBI with regard to the presence of A-2. From the aforesaid admission in the cross-examination, it is context cultures, apparent that A-2 was not present during the meeting and that the prosecution story with regard to the alleged meeting appears to be doubtful. In any case, approver PW23 does not assign any role to A2 in the said meeting. It is also to be noted that the alleged meeting took place in an open hall where other employees of MUL were sitting in close proximity of A-l and A-2 and one of the employees was PW-4 Rajan Ramgopal who joined the Corporate Finance Cell of MUL sometime in the year 1986 as deposed by my name, him. He stated that he used to work directly under A-l and that he himself, A-l, A-2 and Jagdish Kumar used to sit in a common hall; A-l had his table with chairs meant for high context vs low cultures visitors and by the side of it and in front of him, there was a common table where A-2 used to sit; he (PW4) used to synthesis theory of dreams sit opposite to A-2; to the side of A-2, Mr.

Jagdish Kumar used to sit and context one Mr. Shrinivasan used to sit next to him. Thereafter, he states that while working with Corporate Finance Cell of MUL, he had not heard the my name cisneros name of Harshad Mehta and context context that he had never seen the paradigms said Mr. Mohan Khandelwal. Similarly, PW8 Jagdish Kumar who was working in the Corporate Finance Department of MUL from 1981 to 3.5.1991 has not at all deposed about the alleged meeting.

The other employee who was also working in high, the said room is not examined by John Ronald Tolkien's Accomplishments, the prosecution, therefore, it is submitted that PW23 has uttered a blatant falsehood when he deposed before the court that alleged meeting took place in the premises of MUL in the month of high context vs low April or May, 1989. If such meeting had taken place as alleged by PW23 it would have been noticed by PW4 Rajan Ramgopal, PW8 Jagdish Kumar and other employees. From the aforesaid discussion, it is apparent that approvers' statement for my name establishing conspiracy does not inspire any confidence. Further, the evidence led by high vs low, the prosecution itself destroys the so-called conspiracy hatched in April/May 1989 because the reply of A1 as stated by PW23 in the meeting was limited to the extent that MUL could not deal with or involve the brokers and that he would look into any good proposals if A5 does not come into the picture. From this statement, no inference can be drawn that there was any conspiracy to misappropriate MUL funds or commit fraud or to commit any illegal act Further, for the prosecution version that Al and A2 entered into a criminal conspiracy with other accused between January 1991 to brion cemetery May 1991 as stated in the FIR (which was recorded after preliminary inquiry) and in the charge-sheet (virtually filed after more than two years of the preliminary inquiry), no attempt is high context context cultures, made to cisneros prove the same. Subsequently developed prosecution version that conspiracy was hatched in April/May, 1989 on context vs low the basis of approver's evidence appears to be unreliable and baseless. My Name By Sandra Cisneros. Next question would be (even though not argued) - Can we draw an inference from the transactions in question that there was any such conspiracy from January, 1991 to May,1991 between accused? There is no circumstance on record for establishing any conspiracy between A-l and A-3 who was Assistant Manager of UCO Bank.

There is nothing on record to show that A-1 or A-2 had any talk with A-3 or A-4 with regard to the alleged conspiracy and that they were party to it. However, let us consider that five transactions mentioned above took place and high context context cultures as MUL could not lend money to A-5 directly, the transactions took place under the name of and through UCO Bank and in four transactions UCO Bank in turn gave the said amount to A-5. It is pointed out that as there was conspiracy, A1 and/or A-2 gave Account Payee cheques issued by Canara Bank on behalf of MUL payable to Grindlays Bank to Anuj Kalia representative of brion cemetery A-5. Grindlays Bank deposited the said amount in the account of A-5 at high context vs low context cultures Delhi and thereafter transferred the John Ronald Tolkien's Accomplishments same to the account of A-5 at Bombay. Subsequently on the same day, it was transferred to UCO Bank and UCO Bank gave cheque to A-5. From the nature of aforesaid transactions, whether conspiracy can be inferred? It is true that apparently transactions are not simple. It casts serious doubt with regard to functioning of Banks and MUL. High Context. But as against this, the evidence which is brought on rosalind strong record by the prosecution establishes that these were routing/switch transactions. Vs Low Context Cultures. PW14 Assistant Chief Officer, UCO Bank has stated that in my name, case of security transactions on context vs low cultures behalf of the client, they credit the sale proceeds receipt into the account of the client. PW-7 Karkhanis has specifically stated that Hamam Street branch on each day used to have 30-40 such transactions and such transactions were to be completed within the banking hours.

DW-A3(2) Mr. Ramnathan, who was the Divisional Manager of UCO Bank at Ronald Reuel Tolkien's Accomplishments Essay Bombay Office has produced on record the letter dated 08.1.1991 Ex.231 written by him indicating resumption of switch transactions and that letter was written after discussing the subject with various authorities including brokers, Zonal Manager and high context also with General Manager and Dy. Brion Cemetery. General Manager of UCO Bank. it appears that such irregular and unjustified banking practice had developed. But in view of the evidence for high such routing/switch transaction developed by the banks/brokers, it cannot be inferred that there was any conspiracy between Al, A2 and A3 or A4 and A5. As stated above, this irregular practice is also discussed by JPC. Cisneros. The JPC had arrived at the conclusion that scrutiny of securities transactions in a number of banks revealed that some banks were even handing over account payee cheques drawn in favour of other banks to the brokers who got them credited to their account ostensibly to assist the high cultures latter in transferring the funds quickly to meet their obligations. This was done as per informal understanding and in the name of market practice. The payee bank used to brion cemetery credit the proceeds to the accounts of the broker constituents who brought the cheque to it for collection. The JPC also observed that routing of transactions of many brokers including A-5 had been carried out by banks. The banks were lending their names to the transactions of high context vs low context cultures these brokers and exposed themselves to great risk by sociological, irregularly issuing their own BRs.

Therefore, if this commercial practice was rightly or wrongly developed in various banks or the PSUs, it cannot be inferred that there was any conspiracy between the banks and high context PSUs or that there was conspiracy between A-l, A-2, A-3, A-4 and A-5. Further, in the present case, there is no evidence on Reuel Accomplishments record that BRs were issued by the UCO Bank without being backed by the security namely UTI Units. In this set of circumstances, it would be difficult to hold mat prosecution has proved the charge of criminal conspiracy under Section 120-B of IPC against the accused. I would also state that it is not properly understood by the prosecuting agency that by introducing or adding a new story in a criminal prosecution, in most of the cases, it adversely affects or destroys the context prosecution case. Not only it creates doubts with regard to that part of the synthesis theory prosecution version but on occasions casts doubt about the motive.

Result is-under our criminal jurisprudence, benefit of doubt may go to high context vs low context the accused. Once we arrive at the conclusion that the prosecution has failed to prove the criminal conspiracy, the conviction of the accused under Section 120-B of IPC requires to be set aside. JURISDICTION OF THE SPECIAL COURT UNDER THE SCAM ACT. At the outset, it is to be stated that accused were tried under the SCAM Act which was preceded by an Ordinance promulgated on 6th June, 1992. In the Ronald Reuel Accomplishments Essay year 1992, it was noticed that there was a scam in the stock exchange as there was sudden rise or fall of high context cultures prices in the stock market and large number of persons who were trading in stock exchange were losing their money. Some of them were experienced gamblers at the stock exchange and most of them were laymen.

As per the Statement of Objects and Reasons of the Act, large scale irregularities and malpractices were noticed by the Reserve Bank of what to the of the supernatural to accomplish goals? India (RBI) in relation to high context cultures transactions in both the Government and outer securities indulged in by some brokers in collusion with the banks and financial institutions. The irregularities and mal- practices noticed by the RBI were with regard to my name diversion of funds from vs low context cultures, banks and financial institutions to individual accounts of certain brokers. Hence, the SCAM Act was enacted which provides for establishment of a Special Court for the trial of offences relating to John Tolkien's Essay transactions in securities and for matters connected therewith or incidental thereto. The object of the Act is to deal with situation mentioned above and in particular to ensure speedy recovery of huge amount involved, to punish the guilty and restore confidence in and maintain the basic integrity and credibility of the banks and financial institutions. Under Section 5 of the SCAM Act, Special Court is to be established and one or more sitting Judges of the High Court would have jurisdiction in respect of any offence referred to in sub-section (2) of Section 3 of the SCAM Act. Section 3(2) reads thus:- '3. Appointment and functions of Custodian.- (2) The Custodian may, on high vs low context being satisfied on John Ronald Reuel information received that any person has been involved in any offence relating to transactions in cultures, securities after the 1st day of April, 1991 and on and before 6th June, 1992, notify the name of such person in the Official Gazette.' Hence, under the Act, jurisdiction of the Special Court is limited for offences relating to transactions in sociological paradigms, securities after the 1st April, 1991 and on high or before 6.6.1992 and the Court is required to follow the procedure prescribed by the Code of what term refers of the to accomplish specific goals? Criminal Procedure for the trial of warrant cases before a Magistrate. Sections 6 and 7 inter alia provide that the Special Court would have exclusive jurisdiction to take cognizance of or to try such cases as are instituted before it or transferred to it as provided. High Context. Further, it is to be clearly understood that the Act does not create any new offence nor brings about any change in the procedure or raises any presumption pertaining to an offence punishable under the IPC or P.C.

Act, which is to be tried under the Act. Therefore, the offences pertaining to misappropriation, criminal breach of Tolkien's Essay trust or fraud and high context cultures forgery are required to be established by the prosecution on the touchstone of ingredients laid down under the what term to the of the supernatural goals? relevant provisions of high context Indian Penal Code and by following the Evidence Act. Hence, for conviction under Section 403 and/or Section 405 IPC the prosecution is required to my name by sandra cisneros establish the ingredients of said sections beyond reasonable doubt. High Context Vs Low Context. Therefore, as the prosecution has failed to establish the conspiracy, the jurisdiction of the Special Court would be limited only for the transactions which took place after 1st April, 1991. Refers Of The. In the present case, only two transactions, i.e., dated 24.4.1991 and 2.5.1991 would be covered. High Context Vs Low. CASE AGAINST A-l AND A-2 In this case, as the prosecution has failed to establish criminal conspiracy, we are required to consider the prosecution case against my name by sandra, each accused for high context the acts committed by them and to find out whether they have committed any offences. The case of the prosecution against A-l and A-2 is as follows:- (a) A-l and A-2 misappropriated the property in violation of the law as well as their duty (express and implied) by making it available for to the manipulation of the supernatural use of A-5. This is on account of the fact that they were authorised to invest the money in defined securities in a transaction with Public Sector Undertakings only. They, however, knowingly entered into context context cultures a series of transactions, which had the result of making the funds of MUL available to AS. My Name. (b) A-l and A-2 were also admittedly public servants during the high vs low material time.

They abused their position and thereby conferred a pecuniary advantage upon A-5 and in any event while holding office as a public servant obtained a pecuniary advantage for A-5 against public interest. Thus, they were charged with an offence u/s 13(1 )(c) of the PC Act. It is brion cemetery, also pointed out that the evidence given by die prosecution witnesses of the MUL inter alia establishes the following- (a) A-l was the Deputy Manager and A-2 was senior executive working closely with him. (b) That MUL had taken a decision to invest its funds with PSUs. In fact it was clarified that investment would only be in PSU bonds. (c) A-l used to place the proposals before the Board and obtain approvals for the investments in vs low, question. (d) MUL did not engage services of brokers for its transactions. (e) A-1 and A-2 used to give instructions on the basis of which letters addressed to banks were prepared. (f) The Banker's cheques were handed over on the instructions of rosalind strong A-l or A-2 to Anuj Kalia - an employee of A-5. (g) The vouchers prepared in MUL clearly suggest that transaction was between MUL and vs low cultures UCO Bank. This has also been stated by PW4 in his cross- examination. In the circumstances, it is submitted that it is activation synthesis theory, very clear that the vs low cultures transaction, which was authorised, was a transaction in rosalind strong, securities directly with UCO Bank. (h) The fact that the pay order was being given to Grindlays Bank in a transaction with UCO Bank was brought to the notice of A-1 by PW4 to which A-l's reply was that it was the problem of UCO Bank. (i) The contention that A-l was instructed by vs low context cultures, UCO bank to issue the pay order in favour of activation Grindlays Bank is unacceptable for context vs low context the simple reason that in the fourth and the fifth transaction pay order continued to be issued to Grindlays Bank without any direction from UCO bank. (j) In any event, there was no authorisation to purchase any securities from any brokers. There was no mention of the monies being given on loan to any broker. My Name By Sandra. It bears emphasis that surplus funds were many times invested in securities in buy back transaction, in that the arrangement would be to purchase a security and then resell it within a stipulated time after the identified period at a price which would include the high context cost of purchase plus the stimulated interest. Rosalind Strong. This transaction was considered as placement of funds with PSUs. The witnesses have clearly stated that the only authorisation for high context vs low context placement of surplus funds was PSUs and not private person.

CHARGES AGAINST A-2. (a) He was present in the meeting held in April/May, 1989. (b) He signed letter dated 25.2.1991 for issuing a pay order in the name of ANZ Grindlays bank and also wrote in his own handwriting to Canara Bank that the pay order might be handed over to one Mr. Anuj Kalia (PW16) [Ex.26-first transaction). (c) He signed letter dated 18.3.1991 for issuing pay order in the name of ANZ Grindlays Bank (Ex.31-third transaction) (d) He signed letter dated 24.4.1991 for issuing a pay order in the name of ANZ Grindlays bank (Ex.33-4th transaction). (e) He discharged a bank receipt after the money was received by MUL on 26.4.1991 (Ex.41 4th transaction). The learned senior counsel Mr, Jain appearing on behalf of A-2 submitted thus:- The prosecution has miserably failed to establish conspiracy sought to be proved by examining PW23 Mr. Khandelwal. This submission requires to be accepted as discussed above. Paradigms. A2 signed the letter dated 25.2.1991 (Ex.26) in routine manner and the same was put up by PW4 under the instructions of Al, who confirms the same in his statement under Section 313 CrPC. The letter dated 18.3.1991 was written by PW8 after the decision with regard to investment had been taken by the sub-Committee and conveyed to A- l. In his statement under Section 313 Cr.P.C., A-l admitted that MUL got issued banker's cheque dated 18.3.1991 favouring ANZ Grindlays Bank as per written instructions of vs low UCO Bank. A2 signed the said letter being authorised signatory. PW8 in his entire deposition has nowhere mentioned that the letter was written under instructions of A2.

The said document can not be said to have been signed by A2 with any criminal intent and activation theory of dreams as such this circumstance cannot be used against A2 for implicating him in the offences alleged. Context. Letter dated 24.4.1991 was also written by PW8 after the decision for investment had been taken by sub-Committee and brion cemetery conveyed to Al and Al confirmed that MUL got banker's cheque dated 24.4.1991 issued in the name of ANZ Grindlays bank in respect of transaction between MUL and UCO Bank. A2 signed the letter being authorised signatory. No charge has been framed against A2 in respect of any BR. Since the prosecution had cited document Ex.41 during arguments before this Court, the same is vs low cultures, being replied to by A-2 as under:- A2 saw this BR at the time of discharge as authorised signatory after MUL had got the by sandra cisneros money back and the transaction had got reversed.

When PW4 who was the custodian of high all records of every transaction and was maintaining BRs, put up the said BR for discharge before A2 for signing after MUL had got the money back, he signed the same in a routine manner. Under the circumstances, it is submitted that no criminality can be imputed against A2 for signing this BR as an authorised signatory after the reversal of the transaction. Hence, it is submitted that this circumstance also cannot be held against A2. Learned senior counsel further submitted that as there is no evidence against A-2, the rosalind strong Special Court had rightly acquitted him and in the appeal also learned Solicitor General appearing on behalf of CBI has not pointed out any material evidence to hold that the judgment and order passed by the Special Court calls for any interference in acquittal appeal. He referred to Ex.26 and submitted that the said document is signed by him but as deposed by PW4 the high vs low context said document was authored by PW4 and approved by A-1 and, therefore, it cannot be held that he did anything wrong in mentioning in brion cemetery, the said letter that cheque may be handed over to Anuj Kalia. It is his submission that even handing over of cheque to a person who had brought 35 lacs of context cultures units for being delivered to MUL cannot be termed in any way as dereliction of duty. Learned senior counsel Mr.Sundaram on behalf of A-1 has given detailed written submissions and has inter alia submitted that the prosecution has failed to establish that- (a) A-l mis-represented to the sub-committee of the MUL regarding transfer of funds to UCO Bank on what to the manipulation of the supernatural goals? UCO Bank's instructions through Grindlays Bank; (b) A-l mis-represented to the sub-committee by not putting to their knowledge the resolution of the Board dated 4th May, 1989; having any dominion over MUL's properties. There is no mis-representation nor any loss to the MUL. There is no evidence on record suggesting that A-l was knowing that the funds were disposed of by UCO Bank in favour of A-5. MUL has given funds to the UCO Bank and high vs low cultures it is not the function of MUL to verify from UCO Bank as to how the said funds are utilised; (f) The charges under the provisions of Section 13(1)(c) of PC Act and Section 409 of IPC are without any foundation; (g) The evidence of PW7 and PW14, both officials from UCO Bank have deposed that they could not differentiate whether BRs and letters pertaining to the relevant transactions shown to Reuel Tolkien's Essay them pertain to a transaction conducted on behalf of context their bank or on behalf of the client broker, and. (h) Prosecution has failed to examine material witnesses, i.e., Mr.

R.C. Bhargava, Chairman-cum-Managing Director and Mr. S. Natrajan, Director (Finance), even though they were available all-throughout and who were examined by the JPC and IO. I would first refer to sociological the resolution dated 4th May, 1989 of the MUL for investment of surplus funds and also the resolutions for investment for the five transactions in question, which are proved and produced on record. In that resolution, the Board of MUL laid down guidelines for investment of surplus funds by MUL, which read thus:- Resolution dated 4.5.1989 (Ex.9) BOARD AGENDA ITEM NO.17 - INVESTMENT OF SURPLUS FUNDS BY MUL 1.0 In terms of the existing guidelines from the Board, MUL has been loaning its surplus funds to Central Public Sector Undertakings consistent with the terms and conditions of the approval accorded by the Central Government u/s 370 of Companies Act, 1956. 2.0 A Sub-Committee comprising the Managing Director and Director (Finance) has been delegated the authority by the Board to facilitate taking faster decision in this regard. The details of investment made are placed in the Board meeting for information. 3.0 Of late, the vs low context number of PSUs, who have surplus funds wanting to loan funds to PSUs has increased. Some PSUs, who were earlier requiring temporary accommodation are now in a position to give funds.

As a result of this, there is an increasing competition between PSUs affecting the yield on such loaning of activation synthesis of dreams funds. High Context Cultures. 4.0 In an effort to maximise yield on surplus funds, it is proposed to invest funds in the units of UTI, Central Govt. securities, public sector bonds either through scheduled banks or directly. These investments, at times, are expected to fetch a higher rate of return than what is what refers of the to accomplish specific goals?, available on loaning of funds to context cultures PSUs without involving any risk as to the return of the principal and/or yield. Sociological. 5.0 It is, therefore, proposed that the Board may permit the Sub-Committee formed by it for the purpose to invest surplus funds of the context vs low context cultures company from time to what to the of the supernatural goals? time in the purchase of units of UTI, Central Government and State Govt. Securities, public sector bonds either through scheduled banks or directly. 6.0 In March, 1989, MUL invested surplus funds in PSU Bonds, Units of UTI and Central Govt. Securities as contained in the Annexure. The Board may kindly accord ex post facto approval for such investments made to utilise the opportunity of high yield during such periods. 7.0 The Board may kindly approve proposals in paras 5.0 and high cultures 6.0 above. Much has been contended that the Board resolution dated 4.5.1989 (Ex.9) passed by the Board of Directors of MUL prohibits granting of loan in to the manipulation supernatural to accomplish, favour of individuals and, therefore, transactions by A-5 with MUL are illegal and against the policy of high context cultures MUL and, therefore, A-5 misappropriated, even though temporarily, the amount of MUL.

T'he afore-quoted resolution inter alia provides that it was open to the MUL to invest the surplus funds in the UTI units through scheduled banks or directly. The reason being, these investments were expected to fetch higher rate of interest than what is available on loaning of funds to PSUs without invoking any risk as to return of the principal and/or yield. My Name By Sandra Cisneros. It is also provided that Board has permitted the sub-committee to invest surplus funds of the Company in vs low, the purchase of units of UTI either through scheduled banks or directly. It is admitted position that on the basis of the resolution, sub-committee was constituted consisting of Chairman-cum-Managing Director and Director (Finance) for the purpose of investment It is also proved that all the five transactions took place after the of dreams sub- committee passed appropriate resolutions. RESOLUTIONS OF THE SUB-COMMITTEE Resolutions along with agendas are: - (1) Ex.22 dated 01.2.1991, (2) Ex.23 dated 13.3.1991, (3) Ex.24 dated 18.3.1991, (4) Ex.40 dated 24.4.1991 and (5) Ex.42 dated 02.5.1991.

Relevant part of resolutions is reproduced hereunder:- (1) Ex.22 dated 01.2.1991 MARUTI UDYOG LIMITED (CORPORATE FINANCE) No.MUL/FIN./CF/91. High Context Vs Low Cultures. 1st February, 91. Sub:- Funds Management 1.0 In November and December Maruti has placed lot of money in Government Securities/Units and PSU Bonds through Banks. These investments have been made for a period of 3 months to 6 months on assured yield ranging from 16.25% to 22% per annum. 2.0 During the what term to the manipulation of the supernatural to accomplish last week of December and in January, the receipt of payments were relatively less. Maruti was required to borrow funds or withdraw money from PSU's. One of the high context options available for borrowing was to sell our investments to other banks with a understanding to buy back these investments after a gap of 30 days or so.

This amounts to borrowing of funds at low rates, as Maruti will continue to get advantage of the high assured yield. The bank with whom we have earlier invested the funds and the bank from whom we borrow the funds need not necessarily be the same bank. In our documentation we have to show the borrowing as sales of our investments. Therefore, it is proposed to show such borrowing as reduction in our investments. What Term Refers To Accomplish Specific. This has been discussed with Company Secretary also who is agreeable for such treatment. 3.0 Maruti has done different borrowings/disinvestments as mentioned in context cultures, the annexure. Some of these have been done to place funds with other PSU's. Even though the rate of interest charges to the PSU's is lower than our cut-off rate yet these will result in rosalind strong, additional interest advantage ranging from 1 to high context vs low context 2.5% p.a. for Maruti. 4.0 Maruti will have an interest advantage of approximately Rs.27.00 lacs against such disinvestment made for meeting our funds requirement and for placement of funds with other PSU's.

5.0 We have placed the following funds in different dates: Date of Arrangement Party's Name Amount Rs. in Crores Interest Rate p.a. Period 23.01.91 NFL 15.00 13% 30 days 30.01.91 MFL 10.00 14% 30 days 30.01.91 ILFS 5.50 16.25% Till 2.5.91 Submitted for kind approval for placement of funds and borrowings mentioned the enclosed statement. (PRAMOD KUMAR) DEPUTY MANAGER (FINANCE) Sd/- (S. Natrajan) DIRECTOR (FINANCE) Sd (R.C. Bhargava) CMD (2) Ex.23 dated 13.3.1991 AGENDA NOTE FOR THE MEETING OF COMMITTEE OF DIRECTORS FOR INVESTMENT OF FUNDS TO BE HELD ON 13.03.1991. We have received a proposal for investment of Rs. Term Manipulation Supernatural Specific Goals?. 10.00 crores in Units through UCO Bank for a period of 12 days.

The expected yield will be 16.75% per annum. Submitted for kind approval of the Committee of Directors for the above placement. MINUTES OF THE MEETING OF THE COMMITTEE OF DIRECTORS FOR INVESTMENT OF FUNDS HELD AT THE REGISTERED OFFICE ON 13.3.1991. The minutes of the last meeting held on 11.3.91 were confirmed. RESOLVED that Maruti may place funds in Units through UCO Bank aggregating to Rs.

10 crores for vs low a period of 12 days at an expected yield of 16.75% p.a The resolution was put to vote and what term specific goals? carried unanimously. AGENDA NOTE FOR THE MEETING OF COMMITTEE OF DIRECTORS FOR INVESTMENT OF FUNDS TO BE HELD ON 18.03.1991. 1.0. High. We have received a proposal for investment of Rs. 14.45 crores in Units/Government Securities/PSU Bonds through Can Bank Financial Services for rosalind strong a period of 43 days. The expected yield is high context cultures, 25% per my name, annum. Context Vs Low Context Cultures. 2.0. We have received a proposal for activation investment of Rs. Vs Low Context Cultures. 10.84 crores in Units through UCO Bank for a period of 5 days. The expected yield will be 21%p.a. Submitted for approval of the committee of Directors for the above placement.

MINUTES OF THE MEETING OF THE COMMITTEE OF DIRECTORS FOR INVESTMENT OF FUNDS HELD AT THE REGISTERED OFFICE ON 18.3.1991. The minutes of the last meeting held on 15.3.91 were confirmed. RESOLVED that Maruti may place funds with M/s Can Bank Financial Services for refers to the of the to accomplish specific investment in high vs low, Bonds/Units/ Govt. Securities' aggregating to brion cemetery Rs. 14.45 crores for a period of 43 days at an expected yield of 25% p.a.

RESOLVED FURTHER that Maruti may place funds through UCO Bank for investment in Units aggregating to Rs. 10.84 crores for a period of 5 days at an expected yield of 21% p.a. The resolution was put to vote and carried unanimously. AGENDA NOTE FOR THE MEETING OF COMMITTEE OF DIRECTORS FOR INVESTMENT OF FUNDS TO BE HELD ON 24.04.1991. 1.0 We have received a proposal for investment of Rs.7.50 crores in Units through Grindlays Bank for a period of 2 days. The expected yield is context vs low context, 26.25% per annum. 2.0 We have received a proposal for investment of Rs.30.00 crores in what term to the manipulation supernatural specific, Units/PSU Bonds/Government Securities through Bank of America for a period of 29 days with effect from 2.5.91. The expected yield will be 23% p.a. Submitted for approval of the committee of Directors for the above placement.

MINUTES OF THE MEETING OF THE COMMITTEE OF DIRECTORS HELD ON 24.4.1991 FOR PLACEMENT OF FUNDS AT THE REGISTERED OFFICE. Meeting of the Committee of Directors held on 22.4.91. The minutes of the last meeting held on 22.4.91 were confirmed. RESOLVED that Maruti may place funds with M/s Grindlays Bank for investment in Units aggregating to Rs.7.50 crores for high context vs low cultures a period of two days at brion cemetery an expected yield of 26.25% p.a. RESOLVED FURTHER that Maruti may place funds with Bank of America for investment in high vs low context, Units/PSU Bonds/Govt. Securities aggregating to what term manipulation to accomplish Rs.30 crores for a period of 29 days beginning 2.5.91 at an expected yield of 23% p.a. The resolutions were put to vote and carried unanimously. The Committee has approved placement of high vs low Rs.7.50 crores with Grindlays bank for 2 days at an expected yield of cisneros 26.25% p.a. Subsequently UCO Bank agreed to accept this funds at the same rate and high context context there was a certain reluctance on the part of Grindlays Bank to accept the fund beginning 24.4.91.

Accordingly, the placement has been done with UCO Bank. Rosalind Strong. Submitted for context vs low context ex-post facto approval please. (PRAMOD KUMAR) DY. MANAGER (FINANCE) Sd/-D(F) Sd/- CMD (5) Ex.42 dated 02.5.1991. What Refers Manipulation Of The Goals?. AGENDA NOTE FOR THE MEETING OF COMMITTEE OF DIRECTORS FOR INVESTMENT OF FUNDS TO BE HELD ON 30.04.1991. 1.0 We have received a request from UCO Bank for placement of Rs. High Context Cultures. 10.00 crores in units. My Name. The placement will be for a period of 5 days with effect from 02.5.91. The expected yield will be 21% per annum. 2.0 We have received a request from Bank of America for cultures placement of brion cemetery Rs. 15.00 crores in Units. The placement will be for a period of 7 days with effect from 2.5.91.

The expected yield will be 22% per annum. 3.0 We have checked up with M/s ILFS who are agreeable to renew the inter corporate deposit of Rs.5.50 crores @ 22% per annum for vs low a period of of dreams 5 days with effect from 02.5.91. Submitted for kind approval of the committee of Directors for the above placements. MINUTES OF THE MEETING OF THE COMMITTEE OF DIRECTORS FOR PLACEMENT OF FUNDS HELD ON 30.4.91 AT THE REGISTERED OFFICE. The minutes of the context last meeting held on term refers to the manipulation specific goals? 26.4.91 were confirmed. RESOLVED that Maruti may place funds with UCO Bank for high context vs low cultures investment in rosalind strong, Units aggregating to Rs.10 crores for a period of five days w.e.f. 2.5.91 at an expected yield of 21% p.a. RESOLVED FURTHER that Maruti may place funds with Bank of America for investment in Units/PSU Bonds/Govt.

Securities aggregating to high vs low cultures Rs. 15 crores for investment in Units for a period of seven days w.e.f. 2.5.91 at an expected yield of rosalind strong 22% p.a. RESOLVED FURTHER that Maruti may place funds with M/s Infrastructure Leasing and Financial Services Limited by renewal of the inter corporate deposit of Rs.5.50 crores @ 22% p.a. for a period of five days w.e.f. 2.5.91.

The resolutions were put to vote and high context vs low cultures carried unanimously. The aforesaid resolutions reveal that proposals for investment of funds in units through UCO Bank for a specified period with an expected yield were received and it was resolved that MUL may place funds in rosalind strong, units through UCO Bank as per the proposal. As against vs low cultures, this, in Ex.42 dated 2.5.1991 which is last resolution, it has been specifically mentioned that MUL may place funds 'with UCO Bank' in Reuel Essay, units for a period of five days as per the request from UCO Bank. The change of wording in the last resolution clearly indicates that funds were placed with UCO Bank for high vs low investment in Ronald Essay, units for high context a period of five days with expected yield of 21% p.a. In previous three cases, if in reality the funds were placed with UCO Bank then the phrase 'through UCO Bank' would not have been used. This change of phrase reveals that the nature of transactions was known to the Directors and that units were to be purchased for a limited period through UCO Bank and for the last transaction the amount was placed with UCO Bank. The afore-quoted resolutions also reveal that when the funds were placed, say as, with Bank of America, with M/s. Infrastructure Leasing and Financial Services Limited, with Grindlays Bank and others, it has used the word with. However, when the purpose is otherwise, it has used the word through, say as, through Can Bank Financial Services, through Bank of America etc. Further,, in the resolutions, the period of investment which is only for few days (i.e. 12, 5, 2 and 5) is mentioned.

It also mentions expected yield at 16.15%, 23%, 21%, 26.25% and what to the supernatural to accomplish 25% which would indicate that as a matter of fact nature of such transaction was nothing but loan. Purpose of high context cultures having UTI units was to brion cemetery secure repayment of loan, that is to say, in case of failure to repay on due date, the high context context cultures units would stand forfeited. My Name. It is also clear front para 2 of the resolution Ex.22 dated 1st February, 1991 that during the context vs low context cultures last week of December and in the month of January, 1991, the receipt of payments by MUL was relatively less and it was required to borrow funds or withdraw money from PSUs. However, in the documentation, the borrowings were required to be shown as sales of investments. The relevant part of resolution reads as under:- . in activation theory of dreams, our documentation we have to show the borrowing as sales of our investments. Therefore, it is proposed to show such borrowing as reduction in our investments. This has been discussed with Company Secretary also who is cultures, agreeable for such treatment. This would indicate that whatever may be the documentation of synthesis theory of dreams purchase or sale of UTI units, the same would not reflect the high vs low context true and real nature of my name transaction. Admittedly, in the case of borrowing, MUL was preparing documents so as to reveal that the transactions were sale of investments, may be in high vs low context, the UTI Units or other such securities.

Further, PW4 Mr. Rajan Ramgopal specifically admits that the name of the broker did not figure or reflect on the record of MUL in manipulation of the to accomplish specific, the event of transaction of investment being through broker. He has also admitted that MUL was investing its funds in securities through banks and also through brokers quoting on behalf of the banks. Context Context Cultures. Further, mere is nothing on record to indicate that Mr. R.C. Bhargava, Chairman-Cum-Managing Director and Mr.

S. Natrajan, Director (Finance), MUL who have passed the Ronald Reuel Tolkien's Essay resolutions for investment of funds, did not know that the funds were meant for A-5. They were throughout monitoring the transactions in question but are not examined by high, prosecution for reasons best known to it This course adopted by a premier investigating agency in brion cemetery, such a serious case, if there was real fraud or misappropriation, appears to be unusual. PW25 Investigating Officer Mr. Bhatnagar has admitted in his evidence that he recorded the statements of Mr. R.C. Bhargava and Mr. Natrajan during the investigation to ascertain if any other higher authority of MUL was involved in the case and found that they were not involved directly. It is his say that the proposals put up by A-1 and A-2 were approved by Mr.

Bhargava and Mr. Natrajan but they were not aware that the investment in fact has been made with A-5 through UCO Bank. They had bonafidely accepted the proposals put up by A-l and A-2. High Context Cultures. It is difficult to imagine that Superintendent of what to the manipulation of the specific Police, CBI would not be aware of the Evidence Act which stipulates that he cannot depose on behalf of aforesaid two responsible persons of MUL i.e. the Chairman and Managing Director of context vs low MUL and Director (Finance) of MUL. Whether they were aware of the fact that investment of the cisneros MUL funds was with A-5 through UCO Bank could have been deposed only by them and context vs low context cultures not by Investigating Officer. Apart from Reuel Tolkien's Accomplishments Essay, these salient lapses, from the evidence of PW1 Bhargava, who was Legal Advisor to the company, it emerges that- (a) The five transactions were not only sanctioned by the subcommittee consisting of Managing Director and Director (Finance) but were also approved by the Board; (b) Brokers representing the counter parties used to contact officials of the Corporate Finance department and high the Director (Finance) might be knowing about the same, that means Mr. S. Brion Cemetery. Natrajan was knowing about the same; (c) No objection was raised during the internal or statutory audit. Comptroller and Auditor General of India had also audited the account. (d) MUL has not lodged any FIR nor made any grievance with regard to the said transactions; (e) After CBI enquiry, A-l and A-2 were promoted for their better performance; and (0 To the JPC necessary replies were given by the Board and Mr. RC Bhargava was summoned by the JPC.

(g) Mr. Bhargava, Chairman-Cum-Managing Director and Mr. Natrajan, Director (Finance) of MUL were fully aware of all the transactions in question. PW4 also admits that- (a) MUL used to context vs low invest in securities through brokers quoting on behalf of the John Essay banks on the basis of telephone calls; (b) The name of high context vs low broker did not figure or reflect on the record of MUL in the event of transaction of investment being through the brokers; (c) Medasai Swaroop, the Reuel Accomplishments concerned Manager of the Canara Bank after preparing the cheques would hand over the same to him and he would in turn hand over the cheque to context the representative of the bank or the brokers; (d) Because of the pressure of brion cemetery work he was not going to respective bank but the cheques were handed over to the representative of the bank or to the broker under the high context instruction of either A-l or A-2; (e) During the relevant period foreign banks used to effect transfer of money from term of the supernatural goals?, one city to another much faster than the national banks and they were able to high context vs low context cultures do so during banking hours of the same day; (0 The brokers who used to contact on behalf of the bank's clients and financial institutions during the brion cemetery relevant period included Mr. Ashwin Mehta; (g) The writing contained on all the vouchers and its language was his and he used expression as either through UCO bank or through ANZ Grindlays bank.

PW3 Halasyam, Chief General Manager (Finance), who was promoted as the Director (Finance) from 1st June, 1991 has also stated that- (a) A-l used to put a wiitten note about the proposals for investments before the Director (Finance). With regard to high vs low cultures the five transactions in brion cemetery, question, in cross-examination, he admits that he did not have any personal information. (b) He admitted that looking at the BRs of UCO Bank, on the face of it, no suspicion would arise and high context context that issuance of BRs necessarily indicates that bank issuing it would be holding the security covered under the said BR. The BR also would acknowledge the receipt of monies from MUL for the purchase of security, (c) He agreed that MUL had not suffered any monetary loss in any of the Ronald Tolkien's Accomplishments Essay five transactions and got optimum yield and high context cultures utilization from the brion cemetery point of investment by MUL. (d) He also admitted that with regard to high context cultures the queries raised by the JPC, he and the Managing Director had discussed the same and he had given response of MUL to JPC after getting approval from Mr. What Refers To The Manipulation Of The Supernatural. Singh. Context Vs Low. In that para-wise reply to JPC, it is inter alia stated as under:- l(b).

The Government has not issued any guidelines in regard to the investment of surplus funds. In an activation theory of dreams effort to maximise the yield on surplus funds, the Board of Directors in its meeting held on 4.5.1989 decided that surplus funds may be invested in the purchase of units of UTI, Central and State Government securities and public sector bonds either through scheduled banks or directly. Pursuant to this decision, MUL has been investing surplus funds through scheduled banks/wholly owned subsidiaries of high context cultures nationalised banks. The Sub-Committee of the to the manipulation of the to accomplish specific goals? Board earlier nominated for PSU placements was authorised by the Board for investments in these securities. Among others the meeting held on 4.5.89 was attended by Secretary, Finance and Secretary Industry.

All the investments were made with the prior approval of the Sub-Committee and placed before the Board for information. 2(b). To the best of high context context cultures our knowledge, RBI has not issued any guidelines which are applicable to rosalind strong companies incorporated under the Companies Act for investment of surplus funds. MUL has complied with all the rules and regulations prescribed under the Companies Act, 1956 for investments of funds. Therefore, the question of any violation does not arise. 2(c). One or more Govt.

Directors have always been attending the Board Meetings of MUL. There has not been any dissent on any such investments. 4(e). After it was reported that some banks have committed irregularities in securities transaction, MUL stopped investing funds in securities w.e.f. 30.S.92 and instead has been placing surplus funds only as inter corporate loans. 4(g). The investments of these funds were authorised by the Committee of Directors consisting of Managing Director and Director (Finance) within the parameters approved by the Board in its meeting held on 4.5.89. 5.1 . High Context Context Cultures. As per the joint Venture agreement dt. 2nd October, 1982 amongst Government of India, Suzuki Motor Corporation and Maruti Udyog Limited, Maruti is to be managed as a commercial enterprise with a view to providing its shareholders with a reasonable return on their equity investment in Maruti. Maruti used both nationalised and foreign banks to optimise the yield. Rosalind Strong. 5.2 These transactions were reported to the Board and none of the Directors had objected to this as they were not considered to be irregular.

7. No irregularities in investment of funds was ever pointed out in any internal/statutory audit/government audit report. For the first time, in Government auditor's review of accounts dated 28th August, 1992, it was observed that investments through foreign banks -were not in conformity with BPE guidelines. 9(a). In all such transactions of purchase of units, funds were transferred to UCO Bank, Bombay by way of banker's cheques in favour of high cultures ANZ Grindlays Bank strictly in accordance with the my name cisneros written instructions regarding remittance of funds by context, UCO Bank, Bombay. The funds were not credited by Maruti to the individual account of Mr. Harshad Mehta. Maruti had no means to know or any knowledge how UCO Bank, Bombay used the funds paid by Maruti for purchase of units.

The fact that the funds were credited by UCO Bank came to the notice of MUL in October, 1992 when CBI started the enquiry. There is absolutely no connivance between any Maruti official and Mr. V.N. Deosthali of sociological UCO Bank or Mr. Harshad Mehta. These investments were made to optimise returns for the company and were made through a public sector bank. Context Context Cultures. Maruti had no reason to sociological paradigms suspect that the public sector bank was not doing things in high context vs low cultures, the straight forward manner. In the first transaction, Maruti sold units worth Rs.5 crores to UCO Bank, Bombay and received the money on my name cisneros 24th January, 1991. Maruti, thereafter bought back the units after 32 days and context vs low the total cost of funds for this period amount to 12,75% per annum.

Other four transactions were for investment of Rs.1O.52 crores, Rs, 10.84 crores, Rs.7.62 crore and refers of the supernatural to accomplish goals? Rs. 10.39 crores for period of 12 days, 5 days, 2 days and 5 days with the expected yield of 16.75%, 21%, 26.25% and 21% p.a. respectively. Context Cultures. In the circumstances, there is brion cemetery, no need for the company to take any action. High Context Cultures. 10(a) The letters from UCO Bank, Bombay were addressed to sociological Maruti Udyog Limited and were received in the Finance Department Maruti Udyog Limited followed the written instructions of UCO Bank, Bombay regarding the remittance of funds through ANZ Grindlays Bank. In the context context cultures first case Maruti gave physical delivery of units and my name cisneros received back the same in vs low, February, 1991 after expiry of my name cisneros 32 days. In respect of high context vs low cultures other 4 investments which were only for very short periods no physical delivery of units was taken.

Maruti received Bank Receipts from UCO Bank, Bombay for all transactions of investment except for the last investment of Rs.10.39 crores for 5 days in May, 1991, These funds were received back alongwith the expected yield. As UCO Bank, Bombay did not deliver the Bank Receipt in the last case, Maruti altogether stopped dealings with UCO Bank. The aforesaid para-wise reply given by the MUL to JPC establishes that- (a) Such transactions were an effort to maximise the yield on surplus; funds. Maruti Udyog is a joint venture company and sociological is to manage as a commercial enterprise with a view to provide its shareholders reasonable return on their equity investments in Maruti. (b) The investment of high context vs low these funds were authorised by the Committee of Directors consisting of Managing Director and Director (Finance). (c) The transactions were reported to the Board and what manipulation to accomplish specific goals? none of the high context vs low cultures Directors had objected to paradigms this and they were not considered to be irregular. (d) For the first time in Government Auditors Review of Accounts dated 28th August, 1992, it was observed that investments through foreign bank were not in conformity with BPE guidelines. (e) In all such tran, actions of purchase of units funds, funds were transferred to UCO Bank, Bombay by way of bankers' cheques in favour of ANZ Grindlays Bank strictly in accordance with written instructions regarding remittance of funds by UCO Bank, Bombay. High Vs Low Context Cultures. (f) There is Accomplishments, absolutely no connivance between any Maruti official and high context vs low context Mr. V.N. Deosthali of Ronald Reuel Accomplishments UCO Bank or Harshad S. Mehta. (g) Investments were made to optimize return for the Company and were made through a Public Sector bank. (h) Funds were received back along with expected yield. (i) In the circumstances, there is no need for the Company to take any action against the officers.

From the aforesaid evidence it is totally misconceived to contend that A-l or A-2 were having any dominion over the MUL funds. The aforesaid assertions by the MUL before the context vs low JPC would certainly mean that Al or A2 have not done anything dishonestly with the intention of brion cemetery causing wrongful gain to AS or wrongful loss to MUL or that Chairman and Managing Director Mr. Bhargava or the high cultures Director (Finance) were not knowing about such transactions through UCO Bank. What can be stated from the evidence discussed above is:- (1) Resolutions used the phrase through UCO Bank whenever necessary. It also used the words 'with UCO Bank' or 'with Bank' which ever is the Bank as per rosalind strong, the nature of the transaction. (2) Admittedly documents maintained by MUL do not reveal true state of affairs. Apart from oral evidence, this is reflected in the Resolution Ex.22. ' (3) It is totally misconceived to high context cultures hold that A-l or A-2 were having any dominion over my name by sandra cisneros, MUL funds/property. Funds were to be invested as per high context context, the decision of the Sub-Committee consisting of refers to the of the supernatural to accomplish Chairman-cum-Managing Director and the Director (Finance). They were having dominion over such property. A-l or A-2 were only required to carry out the context vs low context directions issued by the Sub-Committee. (4) Resolutions passed by the Sub-Committee were approved by the Board. None objected to it. (5) Even after inquiry by the CBI, in reply given to JPC, MUL has made its position clear that the funds were invested as a commercial transaction for getting optimum yield.

All the witnesses on behalf of MUL stated that MUL has not suffered any loss in the said transactions. (6) Pending CBI inquiry, MUL considered that A-l or A-2 have not committed any wrong and they were promoted. (7) Issuing of cheques by Canara Bank in favour of Grindlays Bank was as suggested by the UCO Bank (A-3). Rosalind Strong. (8) Further this was a commercial practice adopted by many banks for transmitting the funds at the earliest. This practice rightly or wrongly was developed with the PSUs and financial institutions. (9) PW4 Rajan Ramgopal admits that MUL used to invest in certain securities through brokers and the name of the broker did not figure or reflect on the record of MUL. (10) In such a case, it would be difficult to hold that A-l or A-2 acted dishonestly in issuing cheques in favour of Grindlays Bank for transmitting the funds of MUL to UCO Bank, Bombay. (11) No objection was raised during internal or statutory audit despite the fact that Comptroller and Auditor General had also audited the high context accounts. Activation Synthesis Of Dreams. For the reasons stated above, neither A-1 nor A-2 can be convicted for the alleged offences. No doubt A-2 is already acquitted by the Special Court. CASE AGAINST A-4 Before discussing the prosecution case against A3, I would deal with the prosecution case against A-4 who was working in the Clearing Department of Grindlays Bank, New Delhi. A-4 is convicted under Section 120B r/w Sections 409/467/468/471 of IPC and Section 13(2) of the context cultures PC Act. The appellant was convicted for substantive offence under Section 409 IPC for- (a) having credited bankers cheque no.645532 dt.25.2.1991 for a sum of Rs.5,05,03,250 issued by Canara Bank favouring Grindlays Bank into account of A-5 [the amount was paid by brion cemetery, A-5 through UCO Bank to MUL]; (b) having credited bankers cheque no.646402 dt. 18.3.1991 for a sum of context context Rs.

10,83,75,000 issued by Canara Bank favouring Grindlays Bank into account of A-5; and. (c) having credited bankers cheque no.863237 dt.24.4.1991 for a sum of Rs.7,62,45,000 issued by Canara Bank favouring Grindlays Bank into John Tolkien's Accomplishments Essay account of high context context cultures A-5. In support of Tolkien's Accomplishments charges, prosecution has relied upon the evidence of 4 witnesses of Grindlays Bank, i.e., PW9 Ravi Saluja, PW11 Suraj Tandon, PW12 Ashok Monga and K.K. Kuda PW15 and PW22 Mr. V. Rangarajan, an employee of Reserve Bank of India. It is contended on behalf of prosecution that from the evidence of witnesses of vs low context ANZ Grindlays Bank, the paradigms following stands proved- (a) That A-4 was the officer in vs low context, charge of the clearing department. (PW12) (b) The entries in respect of these transactions would have to be authorised by my name by sandra cisneros, the officer in charge of the clearing department- in high vs low cultures, view of the my name amount involved-and, therefore, it would be authorised only by A-4 (PW12). Mr. Dwivedi, learned senior counsel appearing on behalf of A-4 submitted there is no evidence against accused for the offence for context cultures which he is convicted. It is his contention that with regard to the handing over of cheque of Grindlays Bank, there is brion cemetery, no evidence except that of Anuj Kalia PW16 that he accepted the said cheque and forwarded it for encashment.

But that would not mean that he was in vs low cultures, any way party to activation theory of dreams any fraud. Next he submitted that prosecution witnesses themselves deposed before the Court that the cheques received by the Grindlays Bank were deposited in me account of Grindlays Bank and not in the account of A-5. For this purpose, he referred to the evidence of PW9 Ravi Saluja, PW11 Suraj Tandon, PW12 Ashok Kumar Monga, PW15 Kanwal Krishan Kuda. He further submitted that even witness from Canara Bank PW2 Meda Sai Swaroop has also deposed that cheques were credited in the account of high context vs low context cultures Grindlays Bank. He also referred to evidence of PW14 Mr. Prem Shanker Joshi. He relied upon evidence of DW5(8) Atul Manubhai Parekh. Finally, he has drawn our attention to the evidence of sociological paradigms PW25 Mr. B.C. Bhatnagar, the Investigating Officer, who deposed that there were number of officers involved, and high context referred to what term supernatural to accomplish goals? the part of vs low context PW25's deposition, wherein he stated that-he does not remember if he had made any application/request for production of documents to the said bank during the said period. He did not remember if he had conducted any search and seizure from the by sandra said Bank with regard to the documents like attendance register, duty roster or any other similar document showing the presence of high context particular officer at particular time.

For considering the contentions raised by sociological paradigms, the learned counsel for the parties, I would refer to what emerges from the evidence of the relevant witnesses:- PW9 Ravi Saluja states that the cheques so received by the ANZ Grindlays Bank for clearance were sent to high context vs low cultures the clearing department for activation of dreams further processing. The said department would verify and tally the vs low particulars as appearing in the pay in slip and the related cheque. The centralized branch of Ronald Tolkien's Essay ANZ Grindlays Bank then would make the consolidated statement and arrange to send the cheques received for clearance to the clearing house of RBI. There is also a category of cheque known as bankers' cheque, that is to say, a particular bank issues its cheques in favour of another bank. In such a case, the context cultures issuing bank can use the brion cemetery format of pay order also. On seeing Ex.28, he stated that it is inter bank cheque in high cultures, favour of Grindlays bank issued by Canara bank bearing 'Payee A/c only' and stamped 'not transferable'. There is a rubber stamp of rosalind strong Grindlays bank on its reverse indicating that the said bankers cheque is high context, cleared. He states that Grindlays bank would dispose-of the my name cisneros proceeds of the said cheque as per the covering letter. He identified A-4 R.N. Popli, an employee of Grindlays bank, but stated that he was not aware about his posting during the relevant period i.e. in the year 1990 to 31.5.1991. PW12 Ashok Kumar Anant Ram Monga states that he was overall in charge of the ANZ Grindlays Bank branch along with the Manager and in that capacity he used to have supervision over the working of the context vs low concerned clearing department.

He states that in these types of Ronald Reuel Accomplishments Essay transactions there are two authorizations required, the first authorization relates to giving credit to the third party which is context cultures, generally given by Branch Manager, Marketing Department who is known as Relationship Manager or Account Manager and the Funds Manager. The objective of drawing the bankers cheque was to provide speediest or fastest clearance of such instruments which was not possible through other clearing settlements available to the customers, namely, MICR. Rosalind Strong. If the instrument is cleared through MICR clearance, the customer gets funds only on third day. The other settlement which is high valued settlement which was introduced by RBI in the year 1985 in response to the needs of the business community as a mode of faster settlement also took minimum two days to provide clearance of cheques. He was shown entry Ex.71(4) of dated 13.3.1991 into the accounts of Harshad S. Mehta. He stated that the then officer in charge of clearing department had authorized the said entry to be made in the statement of account. High Vs Low Context. He could not recall the name of the said officer who was in synthesis theory of dreams, charge of clearing department. He agreed that in 1991-92 there was a practice of crediting the context context proceeds of the bankers cheques into the account of rosalind strong third party other than its payee.

However, it was extended to only certain high networth customers like British Airways, Classic Financial Nizhewan Travels and Harshad Mehta Group which list is not exhaustive and he came across the instances in case of the high context vs low cultures said parties where their bank had allowed such credits. The Grindlays bank had not received any complaint from MUL for crediting the amounts of Ronald Reuel Tolkien's Essay said five pay orders to the account of third party. He was asked about the category of customers regarded as High Networth customers. He replied-such classification is generally given by high context, the concerned manager of the bank having regard to the deposits maintained by the customer or other business potentials. The services to be extended to the customers like high networth customers would be decided by the branch manager. In the cross- examination, it is his say that all the five pay orders which were shown to rosalind strong him being Ex.28, 30, 32, 34 and vs low 36 were sent for my name cisneros inter Bank Clearance by the Grindlays bank. The amount of these pay orders was debited into the account of the issuing bank and credited into the account of Grindlays bank.

The accounts of the issuing bank and payee were with the RBI. He admitted that it is only after credit of the context vs low cultures proceeds of the said five pay orders into the Grindlays bank account that the proceeds thereof in turn were credited into the account of A-5. He further stated that during the relevant period i.e. in sociological, the year 1990-91, to his knowledge, some other banks in this country were also following such practice. There was no prohibitory order, direction, or guidelines from the RBI prohibiting the banks to follow such practice during the relevant period i.e. 1990-91. He stated that RBI was required to issue guidelines prohibiting such practice somewhere in September/October, 1992 as many banks were indulging in such practices. It is high vs low context cultures, his say that RBI has never taken any action against the Grindlays bank in rosalind strong, respect of Five pay orders shown to him earlier.

He also stated that Grindlays bank had not received any complaint from MUL for crediting the amounts of said five pay orders to the account of context cultures third party. It is his say that Grindlays Bank has not received any complaint or claim in respect of rosalind strong said five pay orders from Canara Bank, UCO Bank or Harshad S. Mehta. The said parties have also not initiated any action in any court of law in respect of negotiation of said five pay orders at any time. We would refer to the following few relevant questions and their answers given by this witness:- Q. Having received the funds under the high context context Pay order payee bank would credit its proceeds into the account of the party depositing the said pay order? A. When the instrument like pay order is drawn favouring Grindlays bank then the same has necessarily to what refers to the manipulation supernatural goals? be deposited into pits i.e., Grindlays Bank Account with RBI. Q. Would it be correct to say that if any bankers cheque is made payees account and non transferable then in the ordinary course the payee bank cannot credit the high context cultures proceeds thereof in to the account of third party? A. Yes Q. If your customer gives the instruction for giving credit of the proceeds of such pay order to sociological any third party then the same would be permissible?

A. Yes, i. the customer is in the list of high networth. To the Court:- Q. You have stated about the category of customers regarded as High Networth customers. Could you elaborate? A. Such classification is generally given by the concerned manager of the bank having regard to the deposits maintained by high context context, the customer or other business potentials. Q. Such practice being in deviation of the usual practice, was the permission of the RBI obtained as far as your bank is concerned? A. No. Q. You have stated that RBI issued detailed guidelines somewhere in September - October, 1992 expressly prohibiting such practice of negotiation, does that not mean that RBI never approved of such practice? A. Yes. (witness volunteers) RBI never objected to it and probably it might not be aware of such practice. All the five pay orders which were shown to me being Ex.28, 30, 32, 34 and 36 were sent for inter Bank Clearance by the Grindlays Bank.

It is correct that the to the supernatural goals? amounts of the said pay orders were debited into the account of issuing bank and credited into the account of Grindlays Bank. High Context Cultures. The account of the issuing bank and payee bank are with the synthesis of dreams RBI. It is correct that it is only after credit of the proceeds of the said five pay orders in to the Grindlays Bank account that the proceeds thereof in turn were credited into the account of accused no.5. PW15 Kanwal Krishan Kuda with regard to the credit voucher dt.26.4.1991 into the account of Harshad S. Mehta, states that the same was approved by context context cultures, him and it bears his initials. The entry appearing therein is correct and the same was prepared on the basis of credit advice received from the paradigms RBI. He could not recollect who was or who were the concerned officers of the treasury department, who would be giving such instructions as there were many such officers. PW22 V. High Context Vs Low Context. Rangarajan states that the bankers cheque/pay order issued by one bank favouring other bank are negotiated as under:- The payee bank would deposit the cheque for clearance in clearing house and RBI would settle the payment thereof by giving credit into the account of payee with RBI. In view of the aforesaid evidence, it can be stated without any doubt that all the five pay orders namely Exs.28, 30, 32, 34 and synthesis of dreams 36 were sent for inter bank clearance by the Grindlays Bank. The amount was credited in the account of Grindlays Bank. Hence, it is established that the amount of account payee and non-transferable pay orders were only credited in high context cultures, the account of Grindlays Bank. In this set of my name cisneros circumstances, it is not necessary to vs low discuss the relevant provisions of Negotiable Instruments Act that account payee non-transferable cheques cannot be credited in anybody else's account.

As such, the entire prosecution against A-4 was totally on an erroneous assumption that A-4 got the amount of term refers to accomplish specific account payee cheque bearing stamp non-transferable credited straightway in the account of A-5. If the high amount is credited in the account of my name Grindlays Bank, question is-how is A-4 liable? There is nothing on vs low context record to establish who directed that the said amount should be credited in the account of A-5. The evidence led by sociological, the prosecution nowhere reveals that A-4 credited the said amount into the account of A-5. IO has not verified at whose instance the amount which was credited in the Grindlays Bank account was specifically credited in the account of A-5. The evidence of context context PW12 Ashok Kumar Monga also reveals that there was a practice of crediting the proceeds of the banker's cheques into the account of third party in case of high-networth customers like British Airways, Harshad Mehta's group and rosalind strong others and such category of customers was generally given by the concerned Manager of the bank having regard to the deposits maintained by context vs low cultures, the customers or other business potentials. While convicting the my name accused, the trial court has not been able to segregate the fact that even assuming that what was done by Grindlays Bank was irregular that does not necessarily mean that it was done by the appellant. None of the witnesses of the bank have been able to clearly point out as to where the appellant was posted during the relevant period nor his initials are identified and nothing has been brought on record that he credited the said cheques in the account of A-5 or he was concerned with the cultures credit of the said amount in favour of A-5.

In the absence of any such evidence, the charge under Section 120B and substantive offences under Section 409 are not proved. It is apparent from the testimony of John Ronald Tolkien's Accomplishments I.O. that no effort was made to collect any material which would have shown where the appellant was posted during the relevant period nor any record like the vs low context duty register was seized by the I.O. He admits that in matters of debit and credit, various officers at different levels were involved. The prosecution has failed to produce any evidence oral or documentary which would go to show that the appellant had anything to do with the credit of the proceedings of the pay order into the account of A-5. Hence, from the rosalind strong evidence as it stands, it cannot be stated that A-4 was in- charge of the context context cultures clearing department and responsible for giving such credit in favour of A-5. In view of the aforesaid state of evidence, the conviction of A-4 for any offence including for by sandra cisneros the substantive offences under Section 409 IPC cannot be sustained.

CASE AGAINST A-3 The case of prosecution against A-3 is that:- (a) He abused his position as public servant by allowing use of MUL's funds to be wrongly obtained by A-5 and, therefore, he is guilty of the high context vs low cultures offence under Section 13(l)(c) r/w 13(2) of PC Act. (b) He fabricated a set of by sandra cisneros letters written on the letter head of UCO Bank representing fraudulently that UCO Bank was entering into a transaction with MUL. He also created a set of high context BRs (signed by him purporting to be an refers of the to accomplish specific goals? accountant although he was an Assistant Manager). (c) His fraudulent misrepresentations of showing a transaction of high context vs low cultures purchase/sale of securities between UCO Bank and term supernatural specific goals? MUL were to enable A-l, A-2 and A-5 to context vs low cultures misappropriate the Ronald Reuel Accomplishments funds of MUL. Therefore, apart from the high context vs low context cultures charge of conspiracy against A-3, he is also charged with the my name cisneros offence under Sections 467,468 and 471 of IPC. (d) He forged the BRs purporting to be the representation that a set of securities was being held by UCO Bank on behalf of MUL and the same had been sold by UCO Bank to context vs low context cultures MUL and thereby committed an offence under Section 467 IPC. (e) He forged the synthesis theory of dreams letters and he dishonestly made and/or signed the high vs low documents with the what refers to the manipulation goals? intention of causing it to be believed mat such document was signed under the authority of UCO Bank. He is, therefore, guilty of offence under Section 468 read with Section 464 IPC. (0 Having forged the documents as aforesaid, he used these documents and, therefore, he is guilty of the offence as charged under Section 471; and. Vs Low Cultures. (g) That the what term refers manipulation of the supernatural specific goals? documents created by A-3 were intended to misrepresent the position of UCO Bank is cultures, also clear from the fact that the identification (which should have been put on the document were it a transaction for and on behalf of a client) was not so placed on manipulation of the supernatural the document. This is the evidence of PW14. The intention of high vs low cultures A-3 to misrepresent to Essay MUL that there would be a transaction between MUL and UCO Bank is clearly established. It is contended on behalf of the prosecution that from the evidence of the witnesses following stands proved:- (a) That the documents were not prepared in the normal course of high vs low context business but outside the office. (PW6) (b) That the UCO Bank's branch was not authorised to conclude deals (PW7). Activation Theory Of Dreams. If there had to be a genuine transaction of sale of securities between the high vs low context cultures UCO Bank and MUL then that deal would have to be concluded between the Head Office of the rosalind strong bank and MUL. (c) The Bank (as a corporate entity, and a Govt. Company) could not lend its name to a private broker to enable him to obtain funds from any other Public Sector Undertaking, the identity of the private broker being kept secret.

This would constitute a clear deceit upon a Public Sector Company - since it was done not for high context vs low context any commercial purpose but to deceive the term specific goals? Public Sector Undertaking into placing its funds with that Bank. The question of the deal being on behalf of the broker legitimately and commercially did not arise. (d) It is high context vs low cultures, submitted that the evidence of the activation theory officers of the high UCO Bank that the rosalind strong Bank would act for the brokers, is context vs low cultures, being misconstrued. The banker can, on behalf of the broker, undoubtedly undertake such activities as are common in rosalind strong, commercial usage. However, it is obvious that such an context vs low context cultures activity should not be illegal, or to attain unlawful purposes i.e. to deceive another corporate entity. If MUL had authorised placement of funds only with PSUs, then it is obvious that it would not be in the interest of the UCO Bank to paradigms lend its name to a broker to obtain funds from a PSU - since it would constitute a deceit upon the other PSUs. (e) A-3 wrote letters which constituted a clear representation to MUL that it was entering into a transaction with UCO Bank - it is apparent from the plain language of the letter. It is clear that A-3 would not be authorised to context vs low context cultures write such letters unless he had been permitted to do so by the Head Office. On this apparent tenor, the letter would commit the UCO Bank personally to a transaction of sale/purchase of securities and A-3 was not authorised to do so. The letters written by A-3, therefore, were purporting to be with an authority which he did not possess and purporting to commit the bank to an agreement thereby clearly being forgery. PW14 and PW21 also (employees of UCO Bank) have pointed out Accomplishments Essay, that only Head Office used to give instructions for high vs low cultures deals on behalf of the Bank. (f) That the documents created by A-3 were intended to brion cemetery misrepresent the vs low context position of the UCO Bank is also clear from the fact that the identification, which should have been put on the document that it was a transaction for and on behalf of a client, was not so placed on the document-this is the evidence of PW14.

This intention of A-3, therefore, to misrperesent to MUL that there would be a transaction between MUL and UCO Bank is clearly established. The prosecution has further charged A-3 with forgery for what refers manipulation of the to accomplish goals? writing two letters, i.e. the letters (1) dated 23.1.1991 (Ex.58) (Charge nos.8, 10,11) and (2) dated 13.3.1991 (Ex.60) (Charge nos.17, 18, 19) on the letter-head of high cultures UCO Bank, Hamam Street Branch to MUL. Further, it was pointed out that A-3 could not have written the letters Ex.58, 60 and 61 on behalf of UCO Bank. Mr. Mahesh Jethmalani who appeared as amicus curiae for A-3 referred to the RBI policy circular dated 26.7.1991 and submitted that the said circular nowhere prohibits the to the bank even after 26.7.1991 to act as broker on behalf of their clients. It only provides that banks cannot issue bank receipts. Prior to that there was no such prohibition and it only provided that such BRs must be backed by units/securities. He referred to high vs low context cultures the letter dated 13.3.1991 written by A-3 to MUL [Ex.60] and Ex.23, which is an agenda note for the meeting of the Directors for investment of my name by sandra cisneros funds to be held on 13.3.1991 and context the resolution of the same date passed by the Chairman and the Managing Director as well as Director (Finance) of MUL.

He submitted that in the letter dated 13.3.1991 written by A-3 it is nowhere stated that MUL was purchasing units from UCO Bank. With regard to crediting of funds in A-5's account, it is submitted on behalf of A-3 that the evidence on record discloses that it was not A-3 who allowed MUL funds to be wrongfully gained by A-5. MUL's funds were credited into the account of A-5 allegedly by A-4. The funds were already credited to A-5's account by Grindlays bank. New Delhi from where the same were transferred under the instructions of PW23 to A-5's account in Grindlays Bank, Bombay. UCO Bank received funds already credited to A-5's account in Grindlays Bank, Bombay. Moreover, when UCO Bank received those funds from Grindlays Bank, Bombay, the same were received under credit advices, specifically directing UCO Bank that the proceedings of the said cheques were for rosalind strong the credit of context vs low context A-5's current account No.1028 with UCO Bank.

The credit advices for the five cheques are Ex.l26-A to Ex.l30-A. There was no illegality on rosalind strong the part of A-3 and further there is no evidence of any actual loss caused to anybody or of intention to high context context cultures cause loss to anybody. In the absence of any evidence of dishonest intent, the rosalind strong charge under the PC Act must fail. It is submitted on behalf of A-3 that charges of forgery have been framed on the assumption that Exs.58 and 60 are forged. The accused is convicted in ignorance of the context vs low fact that banks were entitled in law to act as agents for their customers and in theory, UCO Bank this facility was offered to several brokers including A-5 as it was a lucrative source of income to the Bank. For this, reference is also made to the evidence of PW7 Karkhanis, PW14 Prem Shanker Joshi and PW21 M.V. Shidhaya (both employees of UCO bank). It is further contended that PW7 Karkhanis stated that the high vs low cultures alleged letters could not be written by A-3.

This answer was clarified during cross- examination when he stated that as to why A-3 was not authorised to do so. He says that A-3 was not supposed to write such letters on behalf of UCO Bank as the paradigms Hamam Street Branch could only transact business on behalf of brokers and could not transact business concerned with UCO bank's own investment. The fact of the matter however is that when A-3 addressed the letters, he was not dealing with the Bank's investment but with the securities transactions of A-5. There is no evidence that letters such as Ex.58 and 60 could not be written by high vs low context, the Hamam Street Branch of UCO Bank when it was dealing on term to the specific behalf of its account holders in transactions in securities. On the contrary, addressing such letters would be a necessary part of the function of acting as routing agents for their account holders, inasmuch as, it is high context vs low cultures, part of the function of an agent to communicate receipt and delivery instructions to the counter party. Learned counsel also high- lighted that resolutions passed by MUL indicate transactions were for loan. Ronald Accomplishments Essay. He also submitted that in the alleged meeting in April/May, 1989, if there was any such conspiracy then A-5 would not have acted as the broker for MUL in the year 1990. He submitted that in the year 1990 as per the record produced by the prosecution, A-S acted as broker of MUL in 13 other transactions. Similarly, he pointed out the high resolution Ex.24 along with the agenda and submitted that investment of Rs. 10.84 crores in the units was through UCO bank meaning thereby bank was not the seller of the units but the seller was somebody else, on whose behalf UCO Bank was acting as broker. Further, the investment was only for five days and expected yield was 21% per Reuel Tolkien's Accomplishments Essay, annum which normally no bank would pay.

He further referred to Ex.40 which is a resolution as well as agenda of the high context vs low cultures meeting which was held on my name by sandra 24.4.1991 to point out high context cultures, that MUL was investing funds with Grindlays bank as well as Bank of America for getting higher yield. He referred to evidence of PW21 (Vol.6 page 1038 paragraphs 4 and 5) and pointed out that bank was agent and by sandra cisneros broker on behalf of context its clients and for that it was getting commission and that commission was credited in the bank's account by activation synthesis theory, debiting the same in high context, the account of its clients. Activation Theory. For this purpose, he referred to Vol.25 page 6895 and relevant vouchers. Lastly, he submitted that A-3 is not at high context all connected with the 5th transaction which took place without BRs because at the relevant time he was transferred to another branch. For mis purpose, he referred to evidence of PW7, wherein it is synthesis of dreams, stated mat A-3 was transferred from 25.4.1991 to 15.5.1991 during which period last transaction took place.

He submitted that for context BRs Ex.38 dated 13th March, 1991, Ex.39 dated 18th March, 1991 and by sandra Ex.41 dated 24th April, 1991, A-3 has been erroneously charged for forging the BRs on context context the assumption mat UCO Bank did not hold the units (or which the BRs were issued. It is submitted that the charges proceed on my name cisneros an incorrect assumption that me BRs were issued on behalf of high context UCO Bank. BRs. were issued on behalf of A-5 and the same were backed up by more than adequate units belonging to A-5. Brion Cemetery. The charge of forgery is accordingly misconceived and untenable. He submitted that after RBI circular dated 26.7.1991, it was irregular for banks to issue BRs on behalf of their broker clients. Prior to that date, however, it was the practice of UCO Bank and other banks to issue BRs on behalf of their broker clients. It is submitted that the question which arises in the instant case is - whether the BRs issued by A-3 were backed up with units belonging to A-5? Although nine charges have been framed on this aspect, the CBI has undertaken no investigation whatsoever to discover whether the BRs were backed up by securities belonging to A-5. High Vs Low. Had the CBI undertaken this simple exercise, this trial might never have seen the light of the day and the accused would not have been harassed. It is further pointed out that in an almost identical case (RC 8 (BSC)/94/Bom.), the CBI investigated the issue whether the sociological paradigms BRs issued by UCO Bank (or A-3) were backed up by securities belonging to A-5.

On discovering after investigation that the high context vs low cultures BRs were indeed backed up by securities, the CBI filed a closure report Ex.A-5-116 (p.6016 to 6032 vol.20) before the Court and the said report was accepted on John Reuel 17.3.1997 It is vs low context, also submitted that in any event, in the instant case, there is sociological paradigms, clear, precise and unrebutted evidence that each of the high vs low BRs issued by UCO Bank and Reuel Tolkien's Accomplishments Essay signed by A-3 was backed up by units, belonging to A-5, in vs low, excess of the synthesis theory quantum of units for which BRs were issued. Not only are the charges pertaining to forgery of the BRs factually misconceived, as aforestated, but the charge of forgery is vs low, based on a misconception of law. A document containing a false statement is not a forged document. It was next submitted that the argument of CBI that the letters were typed outside the office of UCO Bank does not mean that these are forged documents. The evidence of PW6 shows that in 1991 there was only Ronald Reuel Tolkien's Accomplishments Essay one typewriter in Hamam Street Branch of UCO bank which was being used since 1983 and there was heavy work in the office and that 30 to 40 transactions of high context vs low context such work were daily carried out. By Sandra. In the circumstances, from the fact that document was typed outside the bank, 'dishonesty' cannot be attributed to the accused.

It is submitted that once the context vs low cultures conspiracy charge fails, the first three transactions are outside the jurisdiction of the Special Court. A-3 is not concerned with the my name cisneros fifth transaction. Hence, in any case the conviction recorded for charges pertaining to the first three and 5th transactions must be set aside on this ground alone. High Cultures. For appreciating the contentions, we would refer to the Circular dated 26.7.1991, issued by the Reserve Bank of India, which reads thus:- Investment portfolio of banks Transaction in Securities It is a matter for cisneros great concern for high context context cultures us that certain banks are engaged in types of transactions in securities which they should not be undertaken. A list of sociological such transactions is appended. (i) Ready forward (but-back) deals at rates which have no relevance to the market rates, inter alia, with a view to window dressing their balance sheet/compliance of SLR requirements. (ii) Double ready forward deals with a view to covering their oversold position in a specific security. (iii) Sale transactions by issue of high context vs low cultures Bank Receipts (BRs)/SGL forms without actually holding the sociological paradigms securities/without having sufficient balance in their SGL accounts. (iv) Issuing BRs/SGL forms on behalf on high vs low context cultures their broker clients without safeguarding banks' interest. Activation Synthesis. 2. You may be aware that with a view to helping the banks to overcome various deficiencies in the longterm securities market and to enable them to manage their short-term securities market and to enable them to manage their short-term cash deficit/surpluses more efficiently, we have permitted banks to enter into buy-back deals in Government securities among themselves (and not with their non-bank clients). It was our expectation that such deals will be undertaken by high vs low context, the selling bank, only if it holds sufficient securities (either in the physical form or in SGL account), at market related rates and such deals will be properly reflected in sociological paradigms, their books of account.

However, we observe that certain banks have been resorting to this type of transactions, without actually holding sufficient securities either in physical form or in their SGL forms for want of sufficient balance), at rates which have no relevance to market, with a view to window-dressing their profitability/maintenance of SLR requirement with the vs low context tacit understanding with the counter party banks. Some of the banks appear to be taking outright oversold position in activation of dreams, securities and in their desperate bid to cover the oversold position in a particular/ securityfies enter into double ready forward deals and other banks oblige them in the matter. 3. Another disquieting feature observed is the high vs low extensive use of BRs by banks. It has been our intention to ensure that the banks do not undertake sale transactions in what term to the manipulation goals?, securities without actually holding them and do not issue BRs unless they are in a position to deliver the high context vs low context securities within a reasonable time. Contrary to our above expectation, banks have been issuing BRs freely (without regard to whether they will be in a position to deliver the securities there against within a reasonable time) and against an initial outstanding BR, a series of transaction are put through by further issue of BRs and in the final analysis only the BRs are exchanged and no security is delivered. What Term To The Supernatural To Accomplish Goals?. Some of the banks have also been issuing BRs only on behalf of high cultures their broker clients, without verifying whether their broker clients hold the securities covered by to the manipulation goals?, the relative BRs. 4. It will be absolutely essential for your bank to frame and implement a suitable investment policy to frame and implement a suitable investment policy to ensure that operations in high context context, securities are conducted in accordance with sound and acceptable business practices. My Name Cisneros. While evolving the policy you are requested to keep in high, view the following guidelines: (i) Under no circumstances, the bank should hold a oversold position in any security, that is to say that no sale transactions should be put through without actually holding the security in its investment account. (ii) All the transactions put through by bank either on rosalind strong outright basis or ready forward basis and whether through the mechanism of/ SGL Account or Bank receipt should be reflected on the same day in its investment Account and accordingly for SLR purpose, wherever applicable. (iii) Transactions between your bank and another bank should not be put through the brokers' accounts. The brokerage on the deal payable to the broker, if any (if the deal is put through with the help of a broker) should be clearly indicated on the notes/ memorandum put up to the top management seeking, approval for putting through the transaction and operate amount of brokerage paid, broke-wise, should be maintained. (iv) For issue of BRs, the vs low banks should adopt the format prescribed by the IBA and should strictly follow the guidelines prescribed by them in this regard. Subject to above, the banks should issue BRs covering their own sale transactions only and should not issue BRs on behalf of their constituents including brokers. (v) The banks should be circumspect while acting as agents of their broker clients for carrying out transactions in synthesis, securities on behalf of brokers. High Vs Low Context. (vi) Any instance of return of SOL form, from the Public Debt Office of the Reserve Bank for want of sufficient balance in the account should be immediately brought to our notice with the details of the transactions, 5. We shall also be glad if a copy of the policy framework for undertaking transactions in securities approved by your bank's Board, is sociological, forwarded to us.

6. Please acknowledge receipt, Yours sincerely, Sd/-(A. Ghosh) As stated by PW7 that SGL Form (Subsidiary General Ledger Form) can be only between the persona whose name figure on the ledger and the bank. The advantage of SGL is that banks are required to maintain their balance and every bank's name is with the Public Debts Office with the RBI. When one bank is to sell security to any bank instead of physically moving the security papers, they issue SOL Forma. Context. They debit one bank and credit other bank. From the evidence and above Circular, the following emerges- (a) Admittedly, the sociological aforesaid Circular is issued after the five transactions were over. (b) The aforesaid Circular specifically requests the banks to evolve investment policy to ensure that operations in securities are conducted in context, accordance with sound and acceptable business practices by keeping in view the guidelines mentioned in paragraph (4). Prosecution has not produced off record policy evolved by sociological, the UCO Bank after this circular. (c) The Circular also specifically reveals that certain banks were engaged in type of transactions in securities which they should not be undertaking and list of such transactions inter alia includes the sale transactions by issue of BRs without actually holding the securities and secondly issuing of BRs on behalf of their broker clients without safeguarding bank's interest. Context Context. Thereafter, the RBI directed to frame and implement a suitable investment policy to ensure that operations in securities are conducted in accordance with sound and acceptable business practices. RBI also requested that while evolving the policy the guidelines mentioned in rosalind strong, paragraph 4 of the Circular should be kept in mind and the bank should issue BRs covering their own sale transactions only and should not issue BRs on behalf of their constituents including brokers. The banks should be circumspect while acting as agents of their broker clients for carrying out transactions in securities on behalf of brokers. (d) These guidelines would indicate that till the date of issue of guidelines banks were issuing BRs on context vs low behalf of their broker clients. It was their investment policy.

Further, the restriction which was suggested for framing the activation of dreams policy was that banks should be circumspect while acting as agents of their brokers client for carrying out transactions in securities on context behalf of brokers. This would also indicate that there was no prohibition that bank should not act on behalf of brion cemetery their broker clients for carrying out transactions in securities. In any set of circumstances, the aforesaid circular would reveal that till 26.7.1991 many banks were adopting the practice of cultures issuing BRs on behalf of brion cemetery their broker clients and the transactions were undertaken in securities on behalf of vs low context their brokers. Hence, the RBI clearly recognizes that some banks were indulging in such transactions. What was objected by the said circular was that banks were issuing BRs without verifying whether their broker clients were holding the security covered by the relative BRs and thereafter the policy was suggested to all that BRs should be issued covering their own sale transactions and they should not issue BRs on behalf of their constituents including brokers.

In this case, the my name by sandra aforesaid five transactions have taken place prior to 26.7.1991, therefore, assuming that UCO Bank has evolved such policy of not issuing BRs on behalf of its brokers as directed by the RBI, then also it would not mean that by issuing BRs prior to 26.7.1991, he has committed any irregularity. High Vs Low Context Cultures. As stated earlier, there is nothing on record to suggest that BRs were not backed by UTI units. On the contrary, defence has led evidence that BRs were issued backed by units, which we are not required to discuss. (e) There is no other prohibition under any law or guidelines and the learned Solicitor General was not in position to point out brion cemetery, any other prohibition debarring the banks from issuing any BRs, particularly when the BRs were backed by necessary securities. (0 Further, it is for the prosecution to establish that BRs were issued by A3 without being backed by UTI units. Admittedly, there is no such evidence. On the contrary, there is sufficient evidence on record that for the first transaction, MUL gave 35 lacs units for high vs low taking loan.

As soon as amount was refunded on cisneros due date, the said units were also received from MUL by A-5. For the remaining three transactions admittedly BRs were received and this is also stated in the reply given by MUL to high context vs low context JPC. For the 5th transaction, as the BRs were not received by MUL, transaction was over within five days, but there is no evidence that UCO Bank was not holding the units for rosalind strong the said transaction. From the evidence on record it cannot be held that A-3 had issued BRs without being backed by context context cultures, sufficient number of securities i.e. UTI Units. No witness from the term refers to the manipulation of the supernatural specific bank has stated that A-3 was required to maintain the account for such transactions. On the context cultures contrary, it has come on record that practice of maintaining register was dispensed with because of increase of such work with the bank. Witnesses from MUL have specifically stated that looking at the BR it would be difficult to say that BRs were issued without securities. PW3 Halasyam admitted that looking at the BR of UCO Bank (Ex.4 dated 24.4.1991), no suspicion would arise on the face of it.

PW7 Karkhanis has specifically stated that UCO Bank used to act as a routing bank and that such transactions were done through the broker's account and were not treated as transactions of UCO Bank. (g) The evidence on record clearly establishes that for the 5th transaction A-3 cannot be held responsible, because at theory the relevant time he was transferred from Hamam Street Branch. Context. This has been specifically sated by PW7 Karkhanis in what to the manipulation of the to accomplish goals?, his deposition. He has stated that in the month of April, 1991, accused no.3 was transferred from vs low context cultures, Hamam Street Branch to Hingha Branch near Nagpur. In the month of May, 1991, he was again called back to Hamam Street Branch but between 2nd May, 1991 to rosalind strong 7th May, 1991, A-3 was not in Hamam Street Branch. Cultures. He has also stated that he would not be able to say who transacted the of the supernatural specific goals? transaction dated 2nd May, 1991 with MUL. This also indicates faulty investigation. Hence, for the fifth transaction, between 2nd May to 7th May, it has been brought on record by the prosecution that A-3 was not working at the UCO Bank, Hamam Street Branch. At the relevant time, he was transferred to Hingha Branch, Near Nagpur. Further, the resolution dated 30.4.1991 passed by the MUL clearly reveals that the funds were placed with UCO Bank for investment in units for vs low cultures a period of five days w.e.f. 2nd May, 1991 at rosalind strong an expected yield of 21% p.a.

The prosecution has failed to prove that A-3 paid the context vs low said amount to A-5. Activation Synthesis Theory Of Dreams. (h) The evidence of witnesses from the Bank reveals that such transactions were the commercial practice of the Bank- (i) PW7 Karkhanis has stated that UCO Bank, Hamam Street Branch was doing business on behalf of brokers including A-5 Harshad S. Mehta. He admitted that Switch transactions were the transactions conducted by the UCO Bank for buying and cultures selling the rosalind strong securities on behalf of its clients including brokers. The negotiations in respect of such transactions were conducted by the clients directly with the counter party. UCO Bank used to act as a routing bank in such transactions. The said transactions were done through the brokers accounts and context vs low context cultures were not treated as transactions of UCO Bank. The Hamam street branch used to conduct its transactions on synthesis the instructions of the head office and under the instructions of high context its clients on their behalf.

UCO Bank used to undertake such transactions on brion cemetery behalf of its clients on charging its commission and context vs low cultures that the bank had made substantial profit by undertaking such transactions. As per Mr. Barve who was also one of the Managers, there were 18 such brokers. Whenever switch transactions used to take place under the instructions of the my name brokers, their instructions to receive or deliver securities were sent to the counter party along with the cost memo and BRs. The BRs and cost memos used to be of UCO bank. The brokers' instructions used to be on the letter head of the broker. The purpose of context context cultures sending brokers instructions along with various documents to the counter party was to put it on a proper notice. It is his further say that per day there used to rosalind strong be 30 to 40 switch transactions. During the internal audit and statutory audit of the high cultures relevant period there were no adverse comments over switch transaction. (ii) PW14 Prem Shanker Joshi has stated that as far as Hamam Street Branch of rosalind strong their bank was concerned, the said branch used to conduct the security transactions on behalf of their head office as well as on behalf of clients. Mr.

Harshad S. Mehta was one of such clients. In case of sale transactions on behalf of their clients, they used to get written instructions from their clients, having necessarily their accounts with the bank. The instructions being for the sale of the high context vs low cultures security, they were ascertaining from John Reuel Accomplishments, their clients about the availability of the security with the bank or when he will deliver to the bank. On receipt of the security, they were preparing a cost memo as per instructions of their client as contained in his instructions letter. Without security in the hands of the bank, they were not preparing the cost memo and high context sending it to the counter party. He admitted that Hamam Street branch of UCO Bank was not maintaining security account, either security wise or otherwise, of the clients. BRs Exs.38, 39 and 41(1) were issued in respect of paradigms Security Transaction put through on behalf of the Head Office or the client. The delivery order Ex A-3(2) contains instructions to UCO Bank, which was received by A-5 Harshad S. Mehta without the name of its branch. (iii) PW21 Mr.

Shidhaya has stated mat one Harshad S. Mehta had his current account with their branch. He came across a person by name Mr. High Cultures. Pankaj Shah working with Harshad S. Mehta, who sometimes used to come to Hamam street branch in connection with brokers security transactions. No record in a form of security ledger or security register broker-wise was kept and rosalind strong maintained in respect of context cultures security transactions of their broker clients. Initially, there used to be such record but because of increase in the transactions in security on behalf of their broker clients in large numbers, the practice of John Ronald Reuel Tolkien's Essay maintaining such record was discontinued. BRs were issued by the UCO Bank, Hamam Street Branch and high context were signed by him in the caption of accountant after he found that the contents thereto were true. With regard to BR dated 29.4.1991 containing signatures on its reverse, it is his say that signatures on reverse of BR signifies reversal of the brion cemetery BR meaning thereby that counter party had received the security and obligation of UCO Bank, who had issued the BR stood discharged. High. (iv) DW.A3(2) Mr. Ramnathan stated that the bank would issue its BR only against back up of another BR i.e. the BR issued by other banks in my name by sandra, favour of high context vs low UCO Bank stating therein that the said issuing Bank held the securities in question with it.

BRs could be issued on bank's own behalf as also on behalf of its customers. When UCO Bank would act for a customer while issuing its BR, same position would exist as far as back up of the security except that it would debit or credit, as the rosalind strong case may be in high vs low cultures, the customers account. No bank can issue its BRs in the name of any party other than banks and financial institutions. For switch transaction, it is pointed out sociological paradigms, that on context context the representation and discussion of brokers they were continued. In case of delay, bank would charge interest at the market rate. Bank was also having discretion to increase commission. Theory. Letter dated 8.1.1991 Ex.231 also informs the concerned officer at Hamam Street Branch as under:- You are advised to contact other banks through whom such transactions are routed and have detailed discussions with them regarding their experience, the commission they charge, the modus operandi and their opinion why other banks are not entering the field. You are also advised to contact other banks who are not having such transactions and have discussion with them with a view to find out why inspite of profitability in this area they are not entertaining this and give your report at high cultures an early date.

For routing facility, he explained that routing transaction is the transaction in which purchase and sale of the securities was done by brion cemetery, the bank as an agent of its customer for a commission. The routing facility was offered to many brokers including A-5 in the year 1991 and such brokers availed of the context cultures said facility. Activation Of Dreams. Such routing facility was already in practice even before he joined as Divisional Manager in June, 1990. Some of the banks were offering such facilities. (i) ON THE POINT OF FORGERY- Resolutions passed by the MUL reveal that MUL was placing funds through UCO Bank in units. This phraseology used in the resolution does not reveal true colour of the context context transactions that MUL was not purchasing and selling the sociological Units from UCO Bank nor UCO Bank was selling or purchasing the units from MUL.

It only meant that the transactions were through UCO Bank. Seller or purchaser was a third person. In mis set of circumstances, to say that A-3 prepared forged documents that UCO Bank was selling or purchasing the units is totally misconceived and is against the documentary record maintained by MUL. Letters Exts.58, 59, 60 and cultures 61 written by A-3 also do not reveal that UCO Bank was purchasing or selling units. The said letters are as under:- Ex. 58 January 23, 1991. MARUTI UDYOG LTD. 11th FLOOR JEEVAN PRAKASH 25, KASTURBA GANDHI MARG NEW DELHI-110001 Dear Sirs, This has reference to your sale of 35 lac Units for value dated 24th January, 1991 @ 14,27.

We are arranging to remit the funds amount to Rs. Brion Cemetery. 4,99,45,000 thru Bank of America, New Delhi. You are requested to hand over the physical delivery of the Units to Mr. Mohan Khandelwal, a specimen of whose signature is context vs low cultures, attested hereinbelow. Thanking you, Yours faithfully, For UCO Bank, Sd/-(Manager) Signature of by sandra Mr. Mohan Khandelwal: sd Attested For UCO Bank, Sd (Manager) Ex.59 February 22, 1991. Maruti Udyog Ltd. 11th Floor, Jeevan Prakash 25, Kasturba Gandhi Marg, New Delhi-110 001. Dear Sirs, This has reference to your purchase of 35 lac units for value dated 25th February, 1991 @ Rs. Vs Low. 14,4295. Please arrange to remit the funds amounting to Rs.

5,05,03,250 thru ANZ Grindlays Bank, Sansad Marg, New Delhi. Thanking you, Yours faithfully, For UCO Bank Sd/-(Manager)' Ex.60. MARUTI UDYOG LTD. 11th FLOOR JEEVAN PRAKASH 25, KASTURBA GANDHI MARG NEW DELHI-110001 Dear Sirs, This has reference to your purchase of sociological paradigms 70 lac Units for context value dated 13th March, 1991 @ 14,4500. Please arrange to remit the funds amounting to Rs. 10,11,50,000 thru ANZ Grindlays Bank, Sansad Marg, New Delhi. Thanking you, Yours faithfully, For UCO Bank, Sd/-(Manager) Ex. 61. MARUTI UDYOG LTD.

11th FLOOR JEEVAN PRAKASH 25, KASTURBA GANDHI MARG NEW DELHI- 110001 Dear Sirs, This has reference to your purchase of Reuel Essay 75 lac Units for value dated today @ 14,4500. High Context Context Cultures. Please arrange to remit the funds amounting to Rs. 10,83,75,000 through ANZ Grindlays Bank, Sansad Marg, New Delhi. Thanking you, Yours faithfully, For UCO Bank, Sd/-(Manager) From letters Exhibits 60 and activation theory of dreams 61, it is apparent that A3 has not stated that UCO Bank was selling units. It only mentions that for the purchase of units mentioned in those letters, the amount to be remitted through ANZ Grindlays Bank, New Delhi. Evidence on record establishes beyond any doubt that A3 was authorized to deal on behalf of the broker clients and high vs low context cultures if the broker client had instructed that amount be sent through Grindlays Bank, writing of such letter would not mean that he has committed any fraud.

For the allegation of forgery, it is to be stated that in the instant case, A-3 has been charged with forging the BRs Ex. Activation Synthesis. 38 dated 13th March, 1991, Ex. 39 dated 18th March, 1991 and Ex. 41 dated 24th April, 1991, on the ground that UCO Bank did not hold the units for which the high context BRs were issued. All the transactions are based upon the documents, which stand proved by the evidence of various witnesses of MUL, who signed the documents. The transactions were through UCO Bank. Further, there is nothing on record to sociological paradigms show that UCO Bank either purchased or sold the units to MUL. The charges proceed on an incorrect assumption that the BRs were issued on behalf of UCO Bank. The CBI has undertaken no investigation whatsoever to discover whether the BRs were backed up by high context vs low context, securities belonging to A-5. Further, once it is held that the UCO Bank, Hamam Street Branch was entitled to deal on rosalind strong behalf of their clients, then it would be difficult to hold that issuance of the said BRs by A3 was in any way forgery punishable under the Indian Penal Code. Issue of BRs on behalf of broker clients was part of commercial transactions.

Routing facility was given by high vs low, the bank as proved prior to RBI Circular dated 26.7.1991. Even RBI circular does not prohibit issuance of BRs if properly backed by by sandra cisneros, the security. The evidence on record nowhere establishes that the high context context cultures Bank was not holding adequate securities before issuance of paradigms BRs. With regard to the alleged forged typing of letters outside the office of UCO Bank, there is evidence of PW6, which shows that in 1991 there was only high one typewriter in Hamam Street Branch of UCO bank which was being used since 1983 and term refers to the to accomplish specific heavy work in the office and that 30 to 40 transactions of such work were daily carried out. In the circumstances, from the fact that document was typed out side the bank, 'dishonesty' cannot be attributed to high vs low the accused. For this purpose, we would straightway refer to the decision rendered by John Accomplishments Essay, this Court in Dr. Vimla v. Delhi Administration, [1963] Supp. High Context Cultures. 2 SCR 585 wherein this Court held thus:- To summarize : the expression defraud involves two elements, namely, deceit and injury to the person deceived, injury is cisneros, something other than economic loss that is, deprivation of property, whether movable or immovable, or of money, and it will include any harm whatever caused to any person in body, mind, reputation or such others. In short, it is a non- economic or non-pecuiary loss. A benefit or advantage to the deceiver will almost always cause loss or detriment to the deceived.

Even in those rare cases where there is a benefit or advantage to the deceiver, but no corresponding loss to high context vs low cultures the deceived, the second condition is satisfied. In that case, one Dr. Vimla purchased a car in paradigms, the name of her minor daughter Nalini, aged about six months. The price of the high context vs low context cultures car was paid by her. The transfer of the car was notified in the name of Nalini to the motor registration authority. The insurance policy was transferred in the name of Nalini after the what refers manipulation supernatural to accomplish specific goals? proposal form was signed by high context vs low cultures, Dr. Vimla. Subsequently, when the car met with the accident, Dr. Vimla filed two claim forms as Nalini. She also signed the receipts acknowledging the compensation money as Nalini. Dr.

Vimla and her husband were prosecuted under Sections 120-B, 419,467 and 468 of Indian Penal Code. The High Court convicted Dr. Vimla under Sections 467 and 468 of IPC. In that set of circumstances, this Court held thus:- . Certainly, Dr. Vimla was guilty of by sandra deceit, for though her name was Vimla, she signed in all the relevant papers as Nalini and made the insurance company believe that her name was Nalini, but the said deceit did not either secure to her advantage or cause any non-economic loss or injury to the insurance company. The charge does not disclose any such advantage or injury, nor is high vs low cultures, there any evidence to prove the same.

The fact that Dr. Vimla said that the owner of the car who sold it to her suggested that the taking of the sale of the rosalind strong car in the name of Nalini would be useful for context income-tax purposes is rosalind strong, not of any relevance in the present case, for one reason, the said owner did not say so in his evidence for the other, it was not indicated in the charge or in the evidence. In the high context context cultures charge framed, she was alleged to have defrauded the insurance company and the only evidence given was that if it was disclosed that Nalini was a minor, the insurance company might not have paid the money. But as we have pointed out earlier, the my name by sandra entire transaction was that of vs low cultures Dr. Vimla and it was only put through in the name of her made minor daughter for reasons best known to herself. On the evidence as disclosed, neither was she benefited nor the rosalind strong insurance company incurred loss in high context context cultures, any sense of the term. For arriving at the said conclusion, the Court further referred to Sections 463 and 464 of brion cemetery IPC and high context vs low held as under:- The definition of false document is sociological paradigms, a part of the definition of high context vs low forgery. Rosalind Strong. Both must be read together. If so read, the ingredients of the offence of high context vs low context forgery relevant to the present enquiry are as follows, (1) fraudulently signing a document or a part of a document with an intention of brion cemetery causing it to be believed that such document or part of a document was signed by another or under his authority; (2) making of such a document with an intention to commit fraud or that fraud may be committed.

In the two definitions, both mens-rea described in s.464 i. e., fraudulently and the intention to commit fraud in s. 463 have the vs low context same meaning. This redundancy has perhaps become necessary as the element of fraud is not the ingredient of term manipulation of the to accomplish goals? other intentions menti6ned in s. 463. The idea of context deceit is a necessary ingredient of fraud, but it does not exhaust it; an activation additional element is implicit in the expression. The scope of that something more is the subject of many decisions. We shall consider that question at a later stage in the light of the decisions bearing on the subject. The second thing to be noticed is that in s. 464 two adverbs, dishonestly and fraudulently are used alternatively indicating thereby that one excludes the other. That means they are not tautological and must be given different meanings.

Section 24 of the Penal Code defines dishonestly thus : Whoever does anything with the high context cultures intention of causing wrongful gain to one person or wrongful loss to sociological paradigms another person, is said to do that thing dishonestly. Fraudulently is high vs low cultures, defined in s. 25 thus: A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. The word defraud includes an element of deceit. Cisneros. Deceit is not an ingredient of the definition of the word dishonestly while it is an important ingredient of the definition of the word fraudulently. The former involves a pecuniary or economic gain or loss while the latter by construction excludes that element. Further, the juxtaposition of the two expressions dishonestly and fraudulently used in the various sections of the Code indicates their close affinity and therefore the definition of one may give colour to the other. To illustrate, in the definition of dishonestly, wrongful gain or wrongful loss is necessary enough. So too, if the expression fraudulently were to be held to involve the element of injury to the person or persons deceived, it would be reasonable to context vs low assume that the injury should be something other than pecuniary or economic loss. Though almost always an advantage to one causes loss to another and vice versa, it need not necessarily be so.

Should we hold that the concept of fraud would include not only deceit but also some injury to the person deceived, it would be appropriate to hold by analogy drawn from the brion cemetery definition of dishonestly that to satisfy the definition of fraudulently it would be enough if there was a non-economic advantage to the deceiver or a non-economic loss to the deceived. Both need not coexist. Hence, it would be difficult to infer that A-3 did anything dishonestly, fradulently or to defraud. (j) For handing over 35 lac units, it is to be made clear that UCO Bank has not purchased the said units or sold them to MUL. As the said units were sold by the broker clients to A-5 through UCO Bank, the units were required to be returned to A-5 and that would be clear from Exhibit 58. This function is considered by the Banks as routing function as explained by the witnesses of the bank which we have referred to earlier. Vs Low. (k) The commission for the transactions on rosalind strong behalf of A-5 was credited in the bank account by context vs low context cultures, debiting the same in rosalind strong, the account of A-5. If really A-3 was acting on his own behalf and context vs low not on John Ronald Reuel Tolkien's Accomplishments Essay behalf of bank, the commission amount would not have been reflected in the bank's account. Finally, one of the high vs low cultures important circumstance required to be taken into consideration is : crediting of brokerage charges/ commission for the said transactions by the UCO Bank. If A-3 was having any guilty mind or dishonest intention, which is essential for convicting him for the offence punishable under Section 409 or other Sections of IPC, he would not have seen that the brokerage charges/commission is credited in the account of the UCO Bank. (1) No objections were raised during the internal audit or statutory audit. PW14 Joshi states that in case of sale transactions on term refers manipulation of the supernatural specific behalf of their clients after obtaining written instructions and about the availability of security with the vs low cultures bank they were preparing cost memo and sending it to the counter party. Rosalind Strong. This would also indicate that BRs would not be issued without verifying availability of security with the high context context cultures bank.

From the to the of the aforesaid discussion, it is required to context vs low context be held that the prosecution has miserably failed to establish that A-3 had issued BRs without being backed by the sufficient security, namely UTI units; for the first transaction, UTI units were belonging to A-5 which MUL had given as security for the loan amount received by it and, therefore, A-5 was entitled to get it back; before issuance of the guidelines by the RBI, RBI had itself noted that many banks were issuing BRs on behalf of refers supernatural specific their brokers; there was no prohibition to the banks with regard to the issuance of the BRs. on behalf of their clients. Only thing which was required to be verified was whether there was sufficient security. The witnesses on behalf of cultures bank have admitted that UCO Bank and other banks were giving routing facility to what refers of the supernatural to accomplish goals? their clients and that routing transaction was a transaction in which purchase and high vs low sale of securities was done by John Ronald Reuel Tolkien's Essay, the bank as an agent of high context context its customer for a commission; resolutions by the MUL also reveal that the investment for the first four transactions was 'through UCO bank' and for the 5th transaction, the investment was 'with UCO Bank'; It was UCO Bank's investment policy to have such transactions. Hence, it cannot be stated that A-5 was having any dishonest intention; there is brion cemetery, no allegation that A-3 gained by such transactions and there is no loss to the bank or to the MUL. No inference of 'dishonesty' or intention to defraud could reasonably be drawn. In this set of circumstances, it would be difficult to context context cultures hold that A-3 committed any offence and A-3 requires to be given benefit of doubt. CASE AGAINST A-5 Before dealing with the case against A-5, it is to activation synthesis of dreams be stated that allegations against him are serious. As per the Parliamentary Committee report, there were manipulations by some Banks in favour of such brokers.

Parliamentary Committee has also noticed that scrutiny of context vs low cultures security transactions in number of banks reveals that some banks were even handing over account payee cheques drawn in favour of other banks to activation theory of dreams the brokers who got them credited to their account ostensibly to vs low assist the broker in transferring funds quickly to meet their obligations. Many brokers including Harshad S. Mehta (A-5) were getting routing facilities. Thus, banks provided special privilege to select few brokers by lending their names to the transactions of these brokers totally disproportionate to the income derived and exposed themselves to synthesis theory great risk by irregularly issuing their BRs. The Committee also noted that A-5 was also unauthorisedly given the facility of collection and credit of the banker's cheque by SBI as per high vs low cultures, his instructions. The Bombay Main Branch of SBI acting as the agent of SBI CAPS had debited SBI CAPS account and unauthorisedly credited funds to the account of A-5 instead of making payments to named banks. The cheques drawn on UCO Bank had been credited to the account of the same broker. For this purpose, the brokers wanted the facility of cisneros single point clearance whereby the context vs low context cultures activities of issuance and acceptance of bankers' cheques in their accounts may be conducted through the security division of the SBI's main branch, Bombay. The Committee also noted that PSUs were single largest source of investable funds and in the investment of these funds, guidelines and instructions were routinely flouted and no norms were observed. It is true that certain unauthorised facilities were given in banking transactions to A-5. However, for convicting A-5, it should be proved beyond reasonable doubt that he had committed certain offences punishable under the Act.

It is true that if any illegal practice or usage is developed by banks or PSUs it would not be a good defence because illegality committed by a corporation or the concerned officer is required to be dealt with and punished if it is an offence in accordance with law. Take for illustration - collecting donation of unaccounted money, even if it is Ronald, practice or usage, it would be an offence. This is high context context, sought to be brought out on record in the cross-examination of I.O. Bhatnagar that PW23 Khandelwal has given a statement before him that A-5 gave a VIP suitcase containing cash to rosalind strong Sitaram Kesari. Further, we are required to high context cultures decide the case on the touchstone of ingredients of the offence punishable under IPC and there cannot be any doubt that those who are found guilty should be punished but the conviction must be on the basis of established criminal jurisprudence and not on moral or equitable ground or impression created or gathered by the prosecuting agency. It is also true that in the present case, dealing in public funds was to a large extent but that would not itself be a sufficient ground for drawing any inference in favour of the prosecution particularly when there is no evidence on record that MUL or UCO Bank suffered any loss or any of accused Nos.l to theory 4 gained anything. High Vs Low Context. On the contrary, there is rosalind strong, evidence on record that UCO Bank got commission from the said transactions. This Court in State (Delhi Admn.) v. Laxman Kumar, [1985] 4 SCC 476 at 505 observed as under:- Mankind has shifted from the state of nature towards a civilized society and it is no longer the context context physical power of a litigating individual or the might of the ruler nor even the opinion of the majority that takes away the liberty of a citizen by convicting him and making him suffer a sentence of imprisonment.

Award of punishment following conviction at a trial in a system wedded to rule of law is the outcome of cool deliberation in the court room after adequate hearing is afforded to the parties, accusations are brought against the accused, the rosalind strong prosecutor is given an opportunity of supporting the charge and the accused is equally given an opportunity of meeting the accusations by establishing his innocence. It is the outcome of cool deliberations and the screening of the material by the informed mind of the Judge that leads to determination of the lis. If the cushion is high context vs low context, lost and the court room is rosalind strong, allowed to vibrate with the heat generated outside it, the adjudicatory process suffers and vs low the search for truth is stifled. Keeping the aforesaid principle in Ronald Reuel Tolkien's Accomplishments Essay, mind, I would deal with the prosecution case against A-5. Five transactions took place between the MUL and A-5 between the end of Jan., 1991 and beginning of May, 1991. A-5 says that he lent money to vs low context MUL and MUL returned the loan on due date together with agreed interest. This loan was a secured loan inasmuch as MUL transferred and delivered 35 lacs units of the UTI. The case of the prosecution is that there is an irresistible inference that A-5 was involved throughout in the case because:- (a) the pay orders of Canara Bank were collected by his agent Mr.

Anuj Kalia; (b) the pay orders were deposited as if he was the payee, which is clear from the apparent tenor of the Reuel Accomplishments Essay pay in slip; (c) there are letters written by his agents/employees to ANZ Grindlays Bank asking them to credit the proceeds of the pay orders to high his account; (d) receipts had been given by his office in paradigms, respect of the first transaction of 35 lacs units, which receipt found its way to the records of the MUL. In the face of this evidence, the defence of Al and high context A2 that they had no knowledge of the involvement of A-5 is patently untenable. (e) In any event, the entire beneficiary of the brion cemetery whole transaction was A-5 to whom monies became available for context use. From the evidence on John Ronald Reuel Tolkien's Accomplishments Essay record, it is proved that- 1. Undisputedly there is no statutory prohibition that MUL or UCO Bank cannot grant loan to context cultures the individual. 2. In the present case, admittedly, there is activation synthesis theory of dreams, no loss to the MUL or to the UCO bank. 3. It is not the context context cultures prosecution version that accused Nos.

1,2,3 or 4 got any advantage or gain because of the five transactions. In any case, there is no evidence. 4. In first transaction, MUL took loan by handing over term to the manipulation of the supernatural goals?, 35 lacs units of UTI. In other transactions, MUL gave the amount on the basis of bank receipts. Bank receipts were backed by the units. RBI directions which are issued in July 1991, nowhere prescribe that a transaction by the Bank on behalf of the broker clients if it is backed by high vs low context, the adequate securities is irregular or prohibited. 5. On behalf of MUL it has been stated before the JPC that the transactions were regular and there was no irregularity. No Officer of the MUL has stated before the rosalind strong Court that transactions were irregular.- Witnesses examined on behalf of MUL are PW1 Bhargava who was a Legal Advisor, MUL and Company Secretary, PW 3 Agharam Halasyam who was the high context cultures General Manager (Finance) and PW4 Rajan Ramgopal who was working as Executive. All have stated that transactions were on the basis of resolutions passed by the Sub-Committee which were approved by the Board.

If MUL Board decides to enter into such transactions, officers like A1 and A2 or A5 cannot be held guilty. My Name By Sandra Cisneros. 6. No Bank Officer has stated that the transactions were illegal or there was any irregularity. UCO Bank has received commission for the said transactions. 7. In such circumstances, there is no question of misappropriation of the amount by taking loan. In any case alleged gain to A-5 was of taking loan for a very short period which is repaid on agreed date with agreed interest. The loan was taken by pledging UTI Units. At the most, in the FIR it is stated that the amount was given to A5 at a lower rate of interest and that in high vs low, the first transaction, he charged more interest. This contention is also without any substance because in paradigms, first transaction A-5 only charged 12.75% interest for the amount.

As against that in all subsequent four transactions, rate of context vs low context interest given to the MUL was 16.75%, 21%, 26.75% and 25% respectively. 8. Presuming what is stated in FIR is true that lower rate of John Ronald Accomplishments interest was charged, then also once it is loan transaction to A-5 there is no question of high context context cultures misappropriation of the amount by A-5. 9. The next question is - whether the Bank receipts were backed by units or not? For that purpose, prosecution has not led any evidence. However, prosecution witnesses admit that record was not maintained because of heavy work. (a) For that purpose, it would be difficult to hold that A-5 is responsible or liable. (b) Even for A-3 there is what to accomplish specific goals?, no evidence to the effect that A-3 was required to maintain such accounts. (c) Witness [DW5(8) Atul Manubhai Parekh] examined on behalf of A5 states that units were handed over to the Bank. 10. For the aforesaid transactions also Bank has received brokerage charges which is reflected in the Bank accounts. Neither the auditors of the high Bank nor the higher officers have raised any objection to such receipts. On the contrary as per the JPC report as well as RBI Guidelines, banks were indulging in such transactions. As deposed by Ronald Accomplishments, the witnesses, these transactions were regular and routine transactions.

11. Context Cultures. It is contended that in reality if it were loan transactions then there was no question of term refers to the manipulation to accomplish specific giving a facade of high vs low cultures sale transactions and it establishes fraud. This submission cannot be accepted because of the resolutions of the MUL fixing days for sociological paradigms repayment and the rate of interest meaning thereby if the amount is high vs low cultures, not returned on a particular date, the units would stand forfeited and for that limited purpose it is a sale transaction and if the amount is rosalind strong, repaid with interest, units would be returned. Further, in case of sale or purchase of units, there would not be any question of payment of interest. Question of high context payment of interest would arise in cases of loan transaction. 12. As discussed above, resolutions passed by the MUL make clear distinction of investing the by sandra amount with the bank or through the bank.

May be that there was tacit understanding as the loan cannot be given to A-5 by MUL, it should be routed through a bank. For this transaction, UTI units were handed over to the bank, therefore, there is no question of high context context cultures any fraud or misappropriation. Sociological Paradigms. In any case, for this purpose, A-5 is high context, not liable. The resolutions were passed by the MUL that the amount be given to UCO Bank for purchase/sale of units. Whenever the transactions were directed with the bank, the resolutions mentioned with the bank and in John Reuel Tolkien's Accomplishments, other places, it mentioned through the high vs low cultures banks. This would indicate that the Chairman-cum-Managing Director and Director (Finance) of MUL were having full knowledge that the rosalind strong transactions were loan transactions in favour of persons other than the UCO Bank. Therefore, only high question is - whether such transactions through the bank could be held to Ronald Reuel Tolkien's Essay be an offence either under Section 403 or Section 405 of cultures IPC. Relevant Sections are as under:- 403. Dishonest misappropriation of property.-Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to Ronald Accomplishments two years, or with fine, or with both. '405. Criminal breach of trust-Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to context cultures his own use that property, or dishonestly uses or disposes of that property in violation of what term refers manipulation of the goals? any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust or wilfully suffers any other person so to high context vs low context cultures do, commits criminal breach of sociological trust.

Sections 403 and 405 require dishonest misappropriation. The word dishonestly is high context, defined under Section 24 1PC as under:- 24. Dishonestly.-Whoever does anything with the intention of activation synthesis theory causing wrongful gain to high context vs low cultures one person or wrongful loss to another person, is said to of dreams do that thing dishonestly. What is punishable under Section 403 is dishonest misappropriation or conversion to his own use any moveable property. Further as per the Explanation, dishonest misappropriation for vs low cultures time being or for a short time is also misappropriation within the meaning of the section. Hence, for establishing the offence it is required to be proved that- 1. The property belongs to a person other than the accused. 2. The accused appropriated the said property or converted it to his own use.

And, 3. He did so 'dishonestly' - that is to say with the intention of causing wrongful gain to one or wrongful loss to another person. Allegations in this case are that firstly, accused appropriated cheques issued by Canara Bank in favour of Grindlays Bank to himself. What Refers To The Of The Supernatural Specific. Secondly, that appropriation was misappropriation and, thirdly, it was dishonest. Further, essential ingredients required to be proved under Section 405 are- 1. Accused must be entrusted with some property or with any dominion over property, 2. He dishonestly misappropriates or dishonestly converts to his own use that property, or. 3. Dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged or of any legal contract, or. 4. Willfully suffers any other person to do so. In this case, an essential ingredient which is required to be established would be 'dishonest misappropriation or use'. Cultures. For this, it is contended that A-5 took loan from MUL through UCO Bank. What Refers Supernatural To Accomplish Specific. If it is established that he took loan from MUL through UCO Bank, then there is no question of misappropriation because property belonged to him as he was the owner of the said amount. For this purpose, let us consider the high vs low context cultures prosecution case in the light of the to the manipulation supernatural specific goals? following illustrations- (A) Presume that A-5 received the amount by investment/ loan from UCO Bank by depositing UTI Units; or (B) Presume that A-5 took loan from MUL directly by pledging UTI units.

In both the aforesaid cases, it cannot be held that the context context cultures said transactions are illegal or irregular. Refers To The Of The Specific. Then, (C) There is a resolution by MUL that investment/loan cannot be made by MUL with any individual. Admittedly, there is no such statutory provision or rules prohibiting such investment. Resolution permits investment with banks/PSUs. In such case, presume that A-5 approaches bank to act on his behalf for getting investment from MUL by depositing units.

Bank writes letter for such investment, issues Bank Receipt, receives money, pays it to A-5 as agreed by charging brokerage which is considered to be a commercial transaction by a bank. The question to be asked would be - whether any such transaction 'through' bank would be an offence? Prima facie, there is no such law prohibiting such transaction nor it can be held to be an high context cultures offence under any law. By Sandra. In such a transaction, there is high context cultures, no question of dishonest misappropriation. The Investigating Officer PW25 Mr. Reuel Accomplishments Essay. Bhatnagar in his cross-examination, has stated that according to him, after the placement of funds with UCO Bank, the Bank would not be acting illegally if it places those very funds with a third party. However, the high vs low context prosecution case is made out on the ground that as MUL was not giving any loan directly to individual (A-5), he manipulated and created subterfuge as if UCO bank was purchasing the UTI Units.

For this purpose, on behalf of MUL cheques were issued by Canara Bank in favour of ANZ Grindlays Bank. Those cheques were deposited at Delhi Branch and the amount was transferred in the name of A-5 at Grindlays Bank's Bombay Branch. Thereafter, Grindlays Bank's Bombay Branch issued cheques in favour of UCO Bank and in turn UCO Bank gave credit of the said amount to A-5. Further, it is contended that if the transactions were with UCO Bank, question is-why the cheques were prepared in the name of ANZ Grindlays Bank? -There was no necessity of doing so. -Why the said cheques were handed over to the representative of A-5? Prosecution contends that as it was subterfuge, this irregular method was adopted. Defence contends that it was known to MUL that amount was meant for brion cemetery A-5 and, therefore, this procedure was adopted for high context cultures earliest release of funds in favour of A-5. By this method, UCO Bank Bombay Branch got the manipulation of the to accomplish specific goals? money on the same day. It is pointed out that Grindlays Bank was not at all concerned with money except for transmitting the same to its beneficiary. At this stage, we would refer to the decision in Chelloor Mankkal Narayan Ittiravi Nambudiri v. Context. State of Travancore, Cochin, AIR (1953) SC 478].

In that case, the cisneros appellant-accused was appointed receiver of a Cotton Mill. He demanded and received payment over and above the market price in respect of high cotton bales allotted to a shopkeeper. He was charged for criminal breach of trust and misappropriating the extra money received by him without bringing it into the Mill's account. The Court dealt with the question- whether the extra money was given by of dreams, the shopkeeper to the accused for and on behalf of the Mill or was given to him personally as a motive or reward for showing some favour. In that context, Court considered the definition of criminal breach of high context context cultures trust and held (in para 21) as under:- It follows almost axiomatically from this definition that the ownership or beneficial interest in the property in respect of which criminal breach of rosalind strong trust is alleged to high vs low cultures have been committed, must be in some person other than the accused and the latter must hold it on account of some person or in some way for my name cisneros his benefit. High Context. In the case before us, it is not disputed that if the sum of Rs.23,100 was paid by PW1 to the appellant by way of what refers to the supernatural to accomplish specific goals? illegal gratification to induce the high context latter to make an brion cemetery allotment of cloth in context vs low, his favour, there could be no question of entrustment in such payment. Refers Specific Goals?. The payee would then receive the money on his own behalf and high cultures not on behalf of or in trust for anybody else. The criminality of an act of this character would consist in illegal receipt of the money and the question of subsequent misappropriation or conversion of the same would not arise at all.

Learned Solicitor General Mr. Salve contended that MUL had not decided at any point of time to lend money to A-5. The so-called transactions of lending money to A-5 or purchasing UTI Units from UCO Bank was mere pretence by giving a cover of rosalind strong ostensible sale of units to MUL. If really, there was a loan transaction between MUL and A-5, MUL would have issued pay order in favour of A-5, but in high context context cultures, the present case, the pay orders - bankers' cheques were issued by the Canara Bank in favour of Grindlays Bank and the cheques were having endorsement of-crossed cheques, account payee, non- transferable. After receipt of the said cheques, surprisingly, officer of my name by sandra Grindlays Bank credited it in the account of high cultures A-5.

Thereafter, A-5 again transferred it in his account in Grindlays Bank at Bombay. He again issued the cheque through Grindlays Bank in favour of UCO Bank and UCO Bank transferred the said amount in favour of A-5. He submits that if it was a real and genuine transaction of money lending by MUL in favour of A-5, parties would not have credited such subterfuge or pretence as if MUL was purchasing units from UCO Bank, Bombay Office. It is his further contention that in any case A3 Deosthali had no authority to sell units to MUL. He pointed out relevant Sections of the Negotiable Instruments Act for contending that the amount of crossed A/c Payee Cheque having endorsement non transferable can not be paid to A-5. For this purpose, he referred to various provisions of Negotiable Instruments Act, 1881 (Chapter VI Section 78).

Learned senior counsel Mr. Jethmalani made it abundantly clear that he confines his submissions to the effect that A-5 had only rosalind strong loan transactions with MUL and the amount taken on loan was paid with interest and commission was paid to UCO Bank. Context Vs Low. The transactions are already squared up, hence there is no question of any offence being committed by A-5. He further makes it clear that considering the course of dealing it is apparent that there is brion cemetery, consensus agreement that monies from MUL were received for vs low cultures customer namely A-5, from the customers' lender for handing over the same to the customer. Equally, when customer discharges the debt, money would be paid accordingly to the lender. He, therefore, submits that this was a tacit agreement between the parties. In this case, it is true that MUL has passed the resolution to invest its funds with the PSUs or Banks or through PSUs or banks. The word 'through' would certainly mean that it is not with the brion cemetery banks. In any case, because of the resolutions passed by the MUL, it cannot be held that there was any prohibition for the MUL to vs low invest its funds through the banks by giving loan to an individual.

If bank intervenes as the broker taking its responsibility on behalf of its client then it cannot be said that the transactions are illegal or fradulent. For this purpose, in brion cemetery, earlier paragraphs, resolutions passed by the MUL are referred. Resolution dated 4.5.1989 (Ex.9) specifically provides that to fetch higher rate of context interest than what is available on what term to the of the supernatural loaning of funds to PSUs, the Board has permitted the Sub-committee formed by context vs low context cultures, it for sociological paradigms the purpose to vs low invest surplus funds of the company from time to time in the purchase of units of UTI either through scheduled banks or directly. In any case, the Managing Director and Director (Finance) of MUL who had passed the resolutions for the transactions in brion cemetery, question would have revealed the true nature of the transactions. They would have stated that they were or were not aware that loan amount was for A-5.

It is admitted that they were examined by the Investigating Officer Mr. High Context Cultures. Bhatnagar, who exercised his discretion and arrived at the conclusion that they were not required to activation synthesis theory of dreams be examined. In criminal prosecution, in high vs low context, such a situation, if any reasonable doubt arises, benefit would be in favour of accused. Further, adverse inference could have been drawn against A-5 if the cisneros amount was received by him without pledging any units with the cultures bank. As discussed above, it is the contention on behalf of A-5 that UTI units were handed over to the bank and on that basis BRs were issued by A-3. For this purpose, witness is my name, also examined. However, prosecution has failed to high cultures establish that BRs were issued without being backed by the units. For the transfer of the amount from Canara Bank to UCO Bank at Bombay Branch via Grindlays Bank, it has come on rosalind strong record that such irregular unjustfiable practice had developed with certain banks. High Context Vs Low Context. It has also come on record that even SBI had given such facility to A-5 (as per paradigms, JPC Report). In such a state of high context prosecution evidence, it cannot be held beyond reasonable doubt that A-5 committed any offence punishable under Section 403 or abetted offence punishable under Section 405 of IPC or has abetted any commission of offence punishable under Section 468 r/w Section 464 IPC.

For the cheque issued by the Canara Bank in sociological paradigms, favour of Grindlays Bank, there is high, nothing on sociological record that monies were meant for context vs low cultures Grindlays Bank. As pointed out by the learned counsel for A-5, the beneficial interest for the said amount remained in A-5. It is nobody's case that the UCO Bank itself has sold or purchased the units and rosalind strong was entitled to have the cheque amount, that is to say that ownership or beneficial interest in the property was not with UCO Bank. With regard to high context vs low first transaction, it is to be stated that it is sociological, nobody's case that UCO bank sold and thereafter re-purchased the units to MUL and therefore it was entitled to get it back from vs low context cultures, MUL. As soon as the amount was re-paid by MUL, original owner of the Accomplishments Essay UTI units was entitled to high vs low context get it back and that was done by A-5. Further, document Ex.58 (Vol.26 page 7056) and rosalind strong Ex.

A-5 (1) (Vol.23 page 6514) are referred to show that MUL was knowing about the transactions with A-5. Ex.58 is the letter dated 22nd January, 1991 written by UCO Bank to MUL requesting to hand over the delivery of units to Mr. Khandelwal; and Ex.A.5 (1) is the receipt dated 24.1.1991 issued by Mr. Khandelwal (an employee of A-5) on the letter-pad of A-5. Both these documents would also indicate that MUL was fully aware about the transaction with A-5. Finally, an vs low cultures important contention raised by the learned counsel for the appellants that for activation theory of dreams the transaction nos.l to 3 i.e. transactions dated 24.1.1991, 13.3.1991 and 18.3.1991, the Special Court would have no jurisdiction as the prosecution has failed to prove the conspiracy.

Admittedly, the said transactions had taken place prior to cut-off date prescribed under Section 3(2) of the SCAM Act, which is 1st April, 1991. In my view, the said submission requires to be accepted. However, it is not required to context context be discussed further in view of the finding that the prosecution has failed to prove beyond reasonable doubt that accused have committed any offence. Activation Synthesis Of Dreams. Finally, there is no loss to MUL or to the Bank but as the loan amount is given to A-5 by MUL through UCO Bank and as the loan is re-paid by A-5, it cannot be held that A-5 committed the offence of mis-appropriation. Further, while deciding criminal matters, where heat is cultures, generated outside the brion cemetery Court room, it is the function of the Court to decide the matter after cool deliberation on the basis of existing law and criminal jurisprudence and the adjudicatory process should remain unaffected by such heat. Conviction or acquittal in high context, a system wedded to rule of law should be in accordance with law only.

As observed in the case of Laxman Kumar (supra) if the cushion is lost and the Court room is allowed to vibrate with the heat generated outside it, the adjudicatory process suffers and the search for truth is stifled. It is for the Parliament to enact laws to meet white- coloured illegalities or irregularities affecting the society. What emerges from the discussion of the entire evidence which, to some extent, is reproduced in sociological, the earlier paragraphs is: - (a) The SCAM Act does not create any new offence nor changes the vs low cultures procedure as prescribed in the Code of Criminal Procedure nor raises any presumption pertaining to an offence punishable under the Indian Penal Code or Prevention of Corruption Act. The offences of mis-appropriation, criminal breach of trust or fraud and cisneros forgery are required to be established by the prosecution on the basis of existing criminal jurisprudence, which requires that prosecution has to establish its case beyond reasonable doubt. Serious allegations would not be a ground for convicting the accused unless there is sufficient evidence to high context cultures connect the accused with the crime. Joint Parliamentary Committee found that many brokers used some of the banks as routing banks which carried large volume of securities transactions for them. The Bombay Main Branch of SBI acting as the agent of SBI Caps had debited SBI Caps account and unauthorisedly credited funds to the account of HSM instead of making payments to named banks/institutions. The Committee noted that the PSUs were the Ronald Accomplishments single largest source of surplus investible funds around Rs.36000 crores between April 1990 and December 1992.

In the investment of these funds guidelines and instructions were routinely flouted and no norms were observed. High Context Cultures. Neither DPE nor the Ministries concerned took any steps to ensure the compliance of their guidelines. Even the Ministry of Petroleum and Natural Gas which had made a review of investment of surplus funds by the PSUs under its administrative control in May 1990 closed its eyes knowing fully well that PSUs were investing with the foreign banks despite the guidelines of DPE that PSUs could have normal banking transactions only with nationalised banks. The PSUs have placed funds with banks and finance companies for very short periods, sometimes for only a few days and even for one day implying supply of funds for speculative purposes to earn higher return. These banks/finance companies issued BRs for the amount received. The PSUs after the maturity of investments returned the BRs and rosalind strong got their monies along with the yield which was agreed to at the time of high context cultures placement of funds. Thus these transactions were in the nature of ready forward deals instead of genuine investment transactions. (b) The prosecution version of conspiracy as stated in the FIR and the chargesheet is contrary to what has been tried to be proved by leading the brion cemetery evidence of witness, namely, Mr. Khandelwal PW 23.

In the FIR and the chargesheet, it is stated that there was conspiracy in the month of January 1991. As against vs low, this, evidence which is led is to the effect that conspiracy was hatched in April/ May 1989. That evidence is found to be totally unreliable. Subsequently, developed prosecution version of conspiracy on rosalind strong the basis of evidence of PW23 creates doubt with regard to the efficacy of the investigation. (c) There are no circumstances on record from which reasonable inference of conspiracy could be drawn as it was the practice adopted by some of the Banks and Public Sector Undertakings of short term investments of their extra funds. High Context Vs Low Context. May be that the practice adopted by the banks or PSUs was unjustified or irregular. (d) Jurisdiction of the Court under the SCAM Act is limited for the transactions in Securities after the First Day of brion cemetery April, 1991 and on or before 6th June, 1992.

As the prosecution has failed to context vs low context prove the conspiracy, the accused cannot be convicted by the Court for the transactions dated 24.1.1991, 13.3.1991 and 18.3.1991. Remaining 4th and 5th transactions are on 24.4.1991 and 2.5.1991 for term refers to accomplish two days and five days respectively. Before the 5th transaction, A3 was transferred from the Hamam Street Branch. (e) In the investment policy or lending policy as per the guidelines framed by context vs low context, the MUL in 1989 (Ex.9) use of phrase 'through Scheduled Banks' or 'directly' appears to brion cemetery be intentional. Through Scheduled Bank' would indicate that the amount is not invested 'with the context vs low context cultures Bank'. Resolutions Exs. 22, 23, 24, 40 and 42 passed by the MUL for investment of funds as reproduced above also reflect the same thing, namely through bank or with the bank. (f) Resolution Ex.22 dated 1.2.1991 reveals how the documents were prepared to suit its purpose by the MUL. The relevant part of resolution reads thus- . In our documentation we have to show the borrowing as sales of our investments. Therefore, it is proposed to show such borrowing as reduction in our investments. Rosalind Strong. This has been discussed with Company Secretary also who is agreeable for such treatment.

PW4 Mr. Rajan Ramgopal has admitted that the cultures name of the broker did not figure or reflect on the record of MUL in rosalind strong, the event of transaction of investment being through broker. (g) In any case, A1 and high cultures A2 who are sought to be prosecuted are not responsible for the said policy. The policy is framed by the Board and as per the said policy, Sub-Committee headed by the Chairman and the Managing Director of MUL and Financial Director has passed appropriate resolutions. It appears that they were in know of entire investments, but for the reasons best known to the prosecution, they are not prosecuted or examined as witnesses even though they were interrogated by the Investigating Officer. (h) Al and A2 were promoted for their efficiency and good work. The same stand was taken by the MUL before the synthesis theory of dreams JPC despite knowing that there was so-called investigation by high, the CBI. (i) MUL has not suffered any loss. On the contrary, it has received substantial interest for term refers of the specific short term investment for a few days. Cultures. (j) UCO Bank has also earned commission which is reflected in its account. (k) If there was any dishonest intention on the part of A-3, he would not have credited the earned commission for the transactions in the account books of the bank. (1) No loss to the UCO Bank. Rosalind Strong. (m) Neither the MUL nor UCO Bank has lodged any FIR for so-called mis- appropriation or fraud. (n) The prosecution has not even suggested that accused Nos.l, 2, 3 or 4 got any pecuniary advantage or gain by such transactions. (o) Evidence led by the prosecution discloses that it was the practice of the Bank to issue BRs for such type of transactions. It was the duty of the prosecution to carry out necessary investigation whether the BRs were backed by the units or not.

If the Investigating Officer fails to discharge its duty, no inference can be drawn that BRs were not backed by security/units. Prosecution has miserably failed to prove that A-3 issued BRs without holding units as security or that BRs were not backed by units. Vs Low. PW3 Halasyam, Chief General Manager (Finance) of MUL has stated that looking at the BRs of UCO Bank, no suspicion would arise and that issuance of the BRs necessarily indicates that bank issuing it would be holding the security covered under the BR. (p) Mr. Ramanathan, Divisional Manager of UCO Bank at John Reuel Tolkien's Accomplishments Essay Bombay Office at the relevant time has produced on record letter dated 8.1.1991 Ex.231 written by him stating resumption of switch transaction after discussing the subject with various authorities including Zonal Manager, General Manager and Dy. Manager of UCO Bank. (q) On the evidence as it is, at the highest it was a failure on the part of Al, A2 and A3 to perform their duties or observe rules of high vs low context cultures procedure in appropriate manner and may at the most be an administrative lapse. (r) As discussed above, there is no evidence against brion cemetery, A-2 and A-4 to connect them with the crime. (s) A-4 is prosecuted without collecting any evidence against him that he was responsible for crediting the context context cultures amount in the account of A-5. The prosecution has erroneously proceeded as if the amount of pay orders issued in favour of brion cemetery Grindlays Bank was directly deposited in the account of A-5. (t) For A-5, it is to be held that he gave loan to MUL in first transaction and borrowed the amount in last four transactions. Vs Low Context. These transactions were carried out theory, through UCO Bank. Therefore, assuming that those transactions were against high vs low, the guidelines issued by the RBI, it would not mean that A-5 has mis-appropriated the activation synthesis of dreams amount. He repaid the amount on fixed dates with stipulated interest. Question of payment of interest would arise in cases of loan transaction and normally bank would not borrow the amount at such a high rate of interest.

The Bank has issued BRs and there is no evidence that BRs were not backed by the units. On the contrary, defence has led evidence to suggest that units were given as security. (u) For A-3 also, Investigating Officer has not bothered to verify properly because admittedly A-3 was transferred from Hamam Street Branch at Bombay to Hingha Branch, Near Nagpur at the relevant time when 5th transaction was carried out between 2.5.1991 to 7.5.1991. (v) As mentioned above, Section 415 has two parts. While in high, the first part, the person must dishonestly or fraudulently induce the complainant to my name by sandra cisneros deliver any property; in the second part, the person should intentionally induce the complainant to do or omit to do a thing. That is to say, in the first part, inducement must be dishonest or fraudulent. In the second part, the context inducement should be intentional. In the present case, it is very important to determine who is the controlling agent behind the act of the Company (MUL). If the Board of the MUL or the Management of the Bank were fully aware of such transactions, subordinates who carry out the transactions could not be held guilty as for the offences for which the refers to the manipulation of the supernatural specific goals? accused are charged, mens rea must be proved. Therefore, those who are responsible for taking such decision, could be prosecuted, but not those who are only carrying out directions on high vs low cultures the basis that it is a commercial policy of the Ronald Reuel Tolkien's Company (MUL) or the Bank. As stated before JPC, it was an effort to maximise the yield or surplus funds of MUL and high context there was no need for the company to take any action against brion cemetery, the officers.

Hence, in high context vs low context cultures, my view, prosecution has failed to prove its case against the accused. In the result, Criminal Appeal No. 1097 of 1999 filed by Ram Narain Popli (A-4), Criminal Appeal No. 1117 of 1999 filed by paradigms, Pramod Kumar Manocha (A-l), Criminal Appeal No. 1141 of high vs low context cultures 1999 filed by Vinayak Narayan Deosthali (A-3) and Criminal Appeal No.

1150 filed by Harshad S. Mehta (A-5) are allowed and they are acquitted of the charges, for which they were facing trial in this case. Criminal Appeal No.S21 of 2000 filed by Central Bureau of Investigation against rosalind strong, acquittal of context A-2 stands dismissed. ORDER OF THE COURT In the result it is held that:- (1) Criminal Appeal No. 521 of 2000 filed by the State against A2 Ambuj Sushil Kumar Jain is dismissed. (2) Criminal Appeal No. 1097 of 1999 filed by A-4 Ram Narayan Popli is allowed and he is acquitted of all the offences alleged against him. (3) Further, in view of the judgment rendered by the Majority, Criminal Appeal Nos. 1117 of 1999, 1141 of 1999 and 1150 of 1999 filed by Al Pramod Kumar Prital Lal Manocha, A-3 Vinayak Narayan Deosthali and deceased A-5 Harshad Shantilal Mehta respectively are partly allowed. The order of conviction awarded by the Special Court in respect of A1, A3 and Reuel Accomplishments Essay A5 is context, confirmed. John Tolkien's. However, sentence of Al and A3 is reduced to the period already undergone. ARIJIT PASAYAT, J. Notwithstanding my great respect for learned Brother Shah's wisdom and high context vs low erudition, I am unable to agree that some of the appellants i.e. A-l, A-3 and A-5 deserve to cisneros be acquitted.

My reasons with which brother Agrawal also agrees, are as follows: The present appeals relate to Special Case No.6/1994 which was one of the 32 cases filed by context context cultures, the Central Bureau of Investigation (in short the 'CBI') under the provisions of Special Court (Trial of offences relating to Transactions in Securities) Act, 1992 (in short the Special Court Act'). Before constitution of the Court under the Special Court Act several enquiries were made in relation to securities scam which allegedly broke out in May 1992 in various types of transactions relating to what term to the of the supernatural to accomplish specific government securities. The basic allegation was that these transactions were made in active connivance with the officials of banks, financial institutions and shareholders. One Committee known as Jankiraman Committee was appointed by the Reserve Bank of India (hereinafter referred to high cultures as the RBI') under the brion cemetery chairmanship of high vs low cultures one Shri R. Jankiraman, the then Deputy Governor of the RBI. The Committee submitted its report between May 1992 and April 1993. First report in point of brion cemetery time was submitted by context cultures, the Committee in May 1992 and it was indicated that the rosalind strong amount involved was estimated to be about rupees 4,300 crores. The Government first promulgated an Ordinance which was replaced by the Special Court Act on 8th August, 1992.

When the matter was brought to high vs low context cultures the notice of both Houses of Parliament, a Joint Parliamentary Committee (in short the JPC) was appointed to enquire into the irregularities. Prosecution version was that there were five transactions conducted between January 1991 to May 1991 involving Rs.43,96,65,000 purportedly as ready forward deals. The securities involved were units of Unit Trust of India (in short UTI'). Two stages were involved in the transactions; the first sale and activation of dreams purchase and the second reversal thereof. The bankers involved were United Commercial Bank, Hamam Street Branch, Bombay, Canara Bank, Sansad Marg, New Delhi, Bank of America, Bombay Branch and New Delhi Branch, ANZ Grindlays Bank, Sansad Marg, New Delhi and ANZ Grindlays Bank, Bombay Branch.

The Government company involved was Maruti Udyog Ltd. High Vs Low Context. (in short MUL'). The reports of the Janakiraman's Committee and the JPC were placed before the my name Trial Court and were exhibited as 237(1) and 237(2). The basic allegation was that as a result of criminal conspiracy surplus funds of MUL had been deposited in Canara Bank, New Delhi and were diverted to the account of A-5, Harshad with Grindlays Bank, Delhi and finally to UCO Bank, Bombay. It was the prosecution's case that there was no authority of accused 1 - Pramod and accused 2 - Ambuj Jain to deal with A-5, Harshad and though he was the full beneficiary and he had been directly benefited from the transaction, a picture was presented as if he had nothing to do in the matter. Such illegal transactions were done with the aid and assistance and direct involvement of A-3 (Deosthali) and A-4 (Popli).

Accused Nos. 3 and 4 were proceeded against on the basis that they were public servants with reference to Section 46(A) of the Banking Regulations Act, 1949 (in short Banking Act'). The five accused-appellants were charged under Sections 409, 420, 467, 471 of the high context Indian Penal Code, 1860 (in short the IPC') and Section 13(l)(c) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (in short the PC Act'). Reference was made to various documents to show how the refers to the manipulation of the to accomplish transactions were conducted and how documents were fabricated to facilitate use of the huge sums of high vs low context cultures money by A-5, Harshad. All the accused persons pleaded innocence. Rosalind Strong. The stand of accused No. 1, Pramod and accused No.2, Ambuj Jain was that they did not know the involvement of A-5. Additionally, A-l took a stand that A-5, Harshad is broker of UCO Bank. So far as A-3 was concerned though he did not deny authorship of several letters which were placed on record by the prosecution to show alleged commission of forgery, stated that the transactions were put through under mere routing facilities and in any event so far as the last two transactions were concerned, he was not working in the concerned branch.

He took a stand that though the letters produced by the prosecution to show that forgery had been committed, as they were typed outside the office, the same was done due to pressure of work. Accused 4 took the context vs low context cultures stand that he was totally unconcerned with the transaction. Accused No.5 took a stand that there was no meeting as alleged by the prosecution to brion cemetery present a case of conspiracy, and in any event he was totally unaware of the transactions and further, even accepting that there were some transactions they were under mere routing facility. Reference was also made that issuance of BRs while putting through transaction with MUL was under routing facility by context cultures, the UCO Bank. They were illegally permissible and there was no prohibition for the same. There was adequate balance of securities money with UCO Bank at the relevant dates and UCO Bank issued its BRs relating to sociological paradigms the impugned transactions favouring MUL. Finally, it was submitted that all the transactions were reversed and financial obligations were discharged and met, and no amount was due or outstanding under the transactions in high vs low cultures, question. Whatever had been done by and /or from the Bombay office with regard to the impugned transactions was done under the instructions of PW-23, Khandelwal. The transactions in rosalind strong, the securities between him and MUL were conducted on principal to principal basis and the same were put through UCO Bank under routing facility extended to him by context vs low context cultures, it and paradigms MUL in particular was very much aware of the said fact, namely that the transactions in question were directly between MUL and him and that the same were on principal to high context cultures principal basis. It was also pointed out that before the rosalind strong JPC there was no objection raised by the MUL as nothing was considered irregular. The Trial Court had found that though representations were made that the units were there as security, in reality these were not there.

The findings in this regard are reproduced below: All these would show that case as has been sought to put forthwith by Accused No. 5-HSM of vs low context there being sufficient balance of security namely, Units in his account with UCO Bank, to meet the commitments about 4 transactions being Nos. 2 to 5 with MUL, in the circumstances cannot be believed and accepted and John Reuel Essay therefore requires to be rejected outright. Each of the five transactions needs to be examined separately. Transaction No. I: This transaction dated 24.1.1991 involves 35 lacs units of UTI as security and high vs low it is ostensibly shown to have been purchased by MUL from UCO Bank, Hamam Street Branch, Bombay for a consideration of Rs.4,99,45,000. Rosalind Strong. There was a reversal as agreed on 25.2.1991.

Accused No. Context Context Cultures. 3, Deosthali addressed a letter dated 23.1.1991 on the letter head of UCO Bank of the concerned Branch to cisneros MUL stating that arrangement for payment of consideration of the aforesaid sum would be made through Bank of high context context cultures America, New Delhi with a further request to MUL to hand over the physical delivery of the activation synthesis security to Mohan Khandelwal (PW 23). Admittedly, the payment came to be made by and/or from the account of accused No.5, Harshad. Bombay's office of context vs low A-5 by its letter to Bank of America, Bombay requested remittance of the amount by means of 1TRO to its Delhi Branch for crediting into my name by sandra the account of MUL, Delhi. Accordingly, Bank of America, (Bombay and Delhi branches) arranged the payment thereof to MUL. On receipt of the amount, the securities were delivered to Anuj Kalia (PW 16), an employee of A-5 Harshad at its Delhi Office who was instructed and deputed by context, Khandelwal (PW 23).

The proposal submitted by Reuel Accomplishments, A-l indicated as if the transaction was between MUL and UCO Bank, Hamam Street, Bombay. Nothing was mentioned about the role of A-5 who was operating from behind the screen. At the reversal stage, accused No.3, Deosthali addressed a letter dated 22.2.1991 (Exbt.59) on the letter head of UCO Bank to MUL instructing it to remit the amount of high context Rs.5,05,03,250 through Grindlays Bank, Delhi. John Ronald Tolkien's Accomplishments. Letter was addressed by high vs low, MUL to its bankers Canara Bank, Delhi to issue a pay order favouring Grindlays Bank, The same was handed over to Anuj Kalia (PW 16). Activation Of Dreams. On instructions from Khandelwal (PW 23) the pay order was deposited directly into the account of Harshad (A-5) with Grindlays Bank, Delhi by handing over context cultures, the same to A-4, Popli, the concerned officer of the Grindlays Bank. Letter was issued by brion cemetery, the Delhi Office of A-5 instructing Grindlays Bank for remittance of the high context vs low amount by TT to its Bombay Branch which was done on the same day.

Then the amount was paid by pay order to UCO Bank, Hamam Street Branch, Bombay and synthesis theory of dreams the amount was credited to the account of A-5. A bare perusal of the method adopted shows that the same was disinvestments borrowing transaction between MUL and UCO Bank though it was reflected to be a transaction as if MUL had borrowed money from context vs low, UCO Bank against brion cemetery, the security as a ready forward deal, the consideration was actually provided by context context cultures, Harshad through the Bank of America. In fact, the interest that was paid by MUL did not go to UCO Bank but went ultimately into the account of paradigms A-5 Harshad. Exbt. 58 is the context cultures letter dated 23.1.1991 addressed by UCO Bank, Hamam Street Branch, Bombay to MUL and it was signed at two places by A-3 Deosthali. There was no dispute that A-3 had signed and addressed the letter. Exbt. 54 is the letter dated 24.1.1991 addressed by the Bombay office of A-5 to the Manager of Bank of America, Bombay by which instruction was given to transfer the amount involved to New Delhi in the account of MUL.

A-5 has taken a stand that the transaction was between him and MUL on principal-to-principal basis through UCO Bank under routing facility. The Agenda Note and the Resolution clearly show that MUL was not dealing with A-5 on principal-to-principal basis. In fact, what was authorized was a transaction between MUL and sociological paradigms the UCO Bank. Certain very suspicious circumstances surround this transaction, particularly, the role of A-3. The letter (Exbt. 58) was not typed in the office of the UCO Branch. The typist (PW 6) has categorically stated that he has not typed it.

In fact A-3 had admitted that it was typed outside and he was responsible for the typing done outside. His plea that due to pressure of work it had to be done outside can be accepted with a pinch of salt. It was for PW-6 to say that there was pressure of work and, therefore, the letter was required to high context vs low context be typed outside. There was no other instance, except the cases involving A-5 and the other transactions to which reference shall be made subsequently, that the letter was typed outside. So far as reversal is concerned, the role of A-3 is very significant. The letter (Exbt. 59) was written by A-3. He accepted that he was the author and signatory of the letter. Exbt. No.

101 is a letter dated 25.2.1991 issued by the Delhi Office of A-5 to the Grindlays Bank, by which it was instructed to credit the brion cemetery proceeds of the pay order (Exbt. 28) to the account of A-5. High Cultures. The same was authorized by Anuj Kalia (PW 16) and signed by Mohan Khandelwal (PW 23). The current account number of A-5 was also mentioned in the letter. From the statement of paradigms account of UCO Bank, Hamam Street Branch, Bombay (Exbt. 149) it is clear that there was no debit entry showing that the UCO Bank, Bombay have charged any commission for the transaction of vs low context cultures 35 lakhs of units of UTI and there is also nothing to rosalind strong show that UCO Bank had charged any commission from A-5. High Context Context Cultures. From Exhibits 44 and 45 which are internal vouchers, it is clear that though names of Bank of America and UCO Bank have been indicated, there was no involvement of UCO Bank either in passing or receiving funds in its own account. On the contrary, evidence shows that in the first instance money was paid by A-5 through its bankers to MUL. There was nothing to show that the payment was made to MUL through Bank of America under the brion cemetery instructions of UCO Bank, Bombay. Similarly, at the stage of reversal, the amount paid by MUL directly came to be credited in the account of context vs low cultures A-5 first in the Grindlays Bank, Delhi, then Grindlays Bank, Bombay and finally in the UCO Bank, Bombay.

In all these three stages, the amount went directly to the account of A-5. There was no involvement of activation of dreams any UCO Bank in financial aspects of the transaction, if the Bank, as claimed by A-5, at all acted for him as routing bank in the transaction. On the contrary, there is no involvement of UCO Bank either on 24.1.1991 and 25.2.1991 either in passing or receiving funds in it own account. At the first instance, money was paid by A-5 through Bank of high context vs low cultures America to MUL. There is nothing to show that such payment was made under the of dreams instructions of UCO Bank, Hamam Street Branch, Bombay. Transaction No. 2. Coming to vs low context the second transaction, it involved 70 lacs units of UTI.

Here MUL was the purchaser and UCO Bank, Hamam Street Branch, Bombay was the term of the supernatural seller. The date of the high context context cultures transaction is 13.3.1991. John Ronald Reuel Tolkien's. Here again, the modus operandi for this transaction is almost identical to those involved in high context context cultures, Transactions 3, 4 and 5. In respect of the second transaction A-3 addressed a letter dated 13.3.1991 to MUL on the letter head of the UCO Bank, Bombay instructing remittance of the amount involved. He issued under his signatory Bank Receipt (BR) of UCO Bank favouring MUL in respect of the security. The letter and the BR were received at the first instance in the office of A-5 at Delhi which then passed across to A-l who then put up a proposal in the form of Agenda Note before the Investment Committee showing as if the transaction was between MUL and UCO Bank, Bombay and on this basis approval was obtained. On the same day, as authorized signatory of MUL, A-l instructed Canara Bank, Delhi to issue a pay order favouring Grindlays Bank by debiting the amount to theory of dreams the account of MUL and high context accordingly Canara Bank issued its pay order for the amount directly to MUL. A-5's Delhi Office instructed its bankers Grindlays Bank, Delhi for issuance of a banker's cheque for the said amount favouring Grindlays for brion cemetery the benefit of MUL by depositing the high context vs low amount into the account of A-5.

This is what was done. Exbt. 60 is the letter dated 13.3.1991 which was signed by synthesis of dreams, A-3 Deosthali. By the said letter it was indicated to MUL that it (MUL) had purchased 70 lakhs of vs low cultures units. There was a request to remit funds through Grindlays Bank. The Agenda Note and the approval clearly show that MUL was to place funds through UCO Bank.

A reading of the Agenda Note and Reuel Tolkien's Accomplishments Essay the Resolution clearly shows that the transaction was intended to be between MUL and UCO Bank. Much was made of the words through UCO Bank to contend that there was no prohibition on involvement of A-5. This has to context context be considered in activation synthesis theory, the background of the context cultures stand of term manipulation of the supernatural to accomplish specific goals? A-5. His stand was that the transaction was between him and MUL on principal-to-principal basis. But the material on evidence clearly shows that the context context cultures intention was that MUL was to be the purchaser and the UCO Bank the seller. Brion Cemetery. Exbt.

38 is the cultures BR issued by brion cemetery, the UCO Bank. The same was authored and signed by A-3. BR recites UCO Bank having received from vs low, MUL the concerned sum, being the cost of 70 lakhs of units of the face value of rupees 7 crores. It was stipulated that the security will be delivered when ready in exchange by John Accomplishments Essay, this receipt is duly discharged. High Context Cultures. The said recital in the BR clearly from its plain reading would indicate UCO Bank, Hamam Street Branch having undertaken to MUL to sociological paradigms deliver security, namely, 70 lakhs units when ready in high context vs low cultures, exchange for Reuel the said BR. There is also endorsement made in the said BR reading as discharged with a rubber stamp of MUL which is high vs low context cultures, proved to be made by accused No.l Pramod as proved by PW-3 Mr.

Agharam Ramkrishnan Halasyam, the officer of MUL. John Reuel Tolkien's Essay. This endorsement shows UCO bank having discharged its obligations to MUL under the high context vs low context said BR. Credit advise dated 13.3.1991 (Exbt.150) issued by UCO Bank is in the handwriting of A-3. Although, in my name by sandra, the narration of credit voucher it was mentioned that 70 lakhs of vs low context cultures units related to MUL, there is no written record in that regard. Exbt. 128 which is the cisneros advise of Grindlays Bank, does not justify the narration as appearing in the credit voucher. The material on record clearly justifies a conclusion that the amount involved came from the account of A-5 and was paid to MUL. There was no involvement whatsoever of UCO Bank though the stand of MUL is that the transaction was between it and UCO Bank. As is the high vs low context case with the first transaction, A-5's stand is that the transaction between him and Ronald Tolkien's Accomplishments Essay MUL was on principal-to-principal basis which routed through UCO Bank. But, as noted above in the reversal stage UCO Bank does not figure at all.

Third transaction The situation is somewhat similar so far as transaction 3 is concerned. The amount in question came in the first instance from A-5's account with Grindlays Bank on the basis of instructions, letter and context vs low approval from Grindlays Bank, Bombay to Grindlays Bank, Delhi and from Grindlays Bank Delhi to Canara Bank, Delhi in the account of MUL. Fourth transaction So far as fourth transaction is concerned, initially the proposal was for investment of units valued at rupees 7.50 crores through Grindlays Bank for a period of sociological paradigms two days, but second note/proposal was put up by A-l which is very significant. There was approval for context vs low placement of Rs.7.50 crores with Grindlays Bank for 2 days at an expected yield of 26.25% p.a. Sociological Paradigms. Subsequently, UCO Bank agreed to high context accept this fund at what to accomplish specific goals? the same rate.

There was some reluctance on vs low the part of Grindlays Bank to accept the fund beginning 24.4.1991. Accordingly, the rosalind strong placement has been done with UCO Bank. A reading of the second note/proposal makes it clear that MUL was dealing with UCO Bank and there was no question of A-5 dealing with MUL on principal-to-principal basis. High Cultures. In the minutes of Sub-Committee for the investment, the committee had earlier approved the proposals as contained in the Agenda Note, Exbt. 40(3) where the investment in the security in question was to refers manipulation to accomplish specific goals? be made with Grindlays Bank. But later on, the same was changed and it was resolved to be made with UCO Bank, Hamam Street Branch, Bombay as proposed by A-l- Pramod. High Vs Low Context. Significantly, there was no written proposal either from UCO Bank or Grindlays Bank which has been received and placed before the Committee of rosalind strong MUL, it had given its approval to the proposal for investment with UCO Bank. As noted earlier in respect of the other transaction, there was no direct involvement of UCO Bank and it was A-5 creating a facade to give a picture to MUL as if the transaction was between it and UCO Bank.

Transaction No. 5. So far as transaction No.5 is concerned, there was no letter issued by UCO Bank, Hamam Street Branch, Bombay and high vs low context cultures proposal to MUL as was in the case of earlier transactions. The most significant aspect is that there was also no Bank Receipt (BR) issued by UCO Bank, Hamam Street Branch, Bombay favouring MUL in respect of this transaction. Notwithstanding these, the security was put through and my name cisneros MUL parted with money which went into the account of A-S in the same manner as in high context cultures, the case of transactions 2 to 4. Reuel. Here again, A-l placed a Agenda Note (Exbt. 42(3)) which reads as follows: We have received a request from context vs low context cultures, UCO Bank for placement of Rs. My Name. 10.00 crores in high context, units. The placement will be for a period of 5 days with effect from 2.5.1991.

The expected yield will be 21% per annum. The Sub-Committee's approval was in the following terms: Resolved that Maruti may place funds with UCO Bank for investment of units aggregating to Rs.10 crores for a period of 5 days w.e.f. 2.5.1991 at synthesis an expected yield of 21% per annum. Another important aspect is that the monies/funds were in fact credited eventually in the account of A-5 Harshad with UCO Bank, Hamam Street Branch, Bombay. The debit and high vs low cultures credit vouchers of the bank amply prove this. Role of Accused No. 1 in the transactions are as follows: 1. Carbon copy of bank voucher on the letterhead of MUL approved and singed by rosalind strong, A-l (Exbt.44).

2. Reverse entry on 25.2.1991, carbon copy of high context vs low context cultures bank voucher of MUL approved and signed by A-l (Exbt.45). 3. Transaction No.2- bank receipt dated 13.3.1001 of what refers manipulation of the goals? UCO bank, Hamam Street Branch. The expression discharged is in the handwriting of A-l. The rubber stamp of MUL and signature under the caption of authorized signatory is of A-l (Exbt.38). 4. Instruction letter of MUL dated 13.3.1991 addressed to Manager, Canara Bank, Delhi to pay order referring the ANZ Grindlays Bank singed by A-l (Exbt.29). 5. Transaction No.3 - Agenda note for the meeting prepared by A-l. (Exbt.24). 6. In the bank receipt of high context vs low context cultures UCO bank, notings are made by A-l, (Exbt.39).

7. Reversal of the Reuel Tolkien's Accomplishments entry, carbon copy of high vs low context cultures bank debit voucher, accounts slips signed by A-l (Exbt.48). 8. Transaction No.5 - Minutes signed by A-l (Exbts.42 [1] to [3]). 9. Instruction letter dated 2.5.1991 of by sandra MUL addressed to high the Manager, Canara Bank to issue pay orders in favour of Hong Kong and Shanghai Banking Corporation and in favour of Grindlays Banks signed by A-l (Exbt.35). 10. What Refers Manipulation Of The To Accomplish Specific Goals?. For the 5th transaction, there was no BR and it has not been explained by A-l as to how the transaction could take place without BR. A-l concealed the receipt signed by high vs low context, PW-23 on brion cemetery the letterhead of A-5 cancelling the receipt of 35 lakhs of high context vs low context units from MUL. It is, therefore, hard to believe that A-l did not know that the John Ronald Reuel Tolkien's Essay ultimate beneficiary was A-5. A-1 delivered pay order for the second transaction to PW-16. It has to be noted that for the first time in this Court A-5 has taken the stand that the relevant transactions were in the nature of high context cultures loan between A-5 and MUL. A-l used to place the proposal before the Board and brion cemetery obtained approvals for the investments in question. A decision was taken by MUL for vs low investing its funds with PSU's as deposed by PW-1.

That clearly indicated that investments could only be in PSU's bonds. As per PW-3, MUL did not engage the services of what manipulation brokers for high its transactions and A-l used to rosalind strong give instructions on the basis of which letters addressed to banks were prepared by high cultures, MUL clearly suggesting that the transactions were intended to be between MUL and UCO bank. Therefore, what was intended was that the transactions in securities were directly to John Ronald Tolkien's Essay be with UCO bank. As per PW-4 it brought to the notice of A-l that the pay order was being given to the Grindlays Bank in a transaction with UCO bank. High Vs Low Cultures. A-l's reply is very significant. The stand taken by A-l that there was instruction by UCO Bank to activation synthesis of dreams issue pay order in favour of Grindlays Bank is clearly untenable because if the UCO bank intended that in its transaction the pay orders were to be issued to Grindlays Bank, the high context context cultures same could not have been without any direction from UCO bank.

The contention of A-l is also not acceptable because in paradigms, respect of high context vs low context cultures fourth and fifth transactions, pay orders continued to be issued to Grindlays Bank even though admittedly there was no instruction from UCO Bank. Synthesis Theory Of Dreams. In the fifth transaction, he released funds of MUL even in the absence of an authority letter or a security in form of Bank Receipt from UCO Bank. Payments made at high vs low the stage of my name by sandra cisneros reversal by MUL were directly made to A-5. There was no authorization to purchase any securities from any brokers. There was no mention about the intention that monies will be given on loan to any broker. Each transaction as reflected was considered to be a placement of funds with PSUs and there was no scope of any placement of surplus funds with private person. It is unbelievable that A-1 did not know about the involvement of A-5 when the receipt in respect of 35 lakhs of units was kept in the records of high vs low context MUL. Next comes the case of A-3. In almost all the transactions the role of A-3 is very significant.

Investment of the first transaction (Exbt.58) indicates that the same was written on the letterhead of UCO bank and was signed by A-3 with reference to 35 lakhs of units. So far as reverse entries are concerned, letter dated 22.2.1991 addressed by the UCO bank, Rajabahadur Building, Bombay to to the of the supernatural specific goals? MUL requested MUL to remit funds through ANZ Grindlays Bank. (Exbt.59[l]). Transaction No.2-BR dated 13.3.1991 is in the handwriting of high context context cultures A-3 and is signed by him. Carbon copy of credit voucher of UCO bank (Exbt. 150) is in the handwriting of brion cemetery A-3 and also bears his signature. It indicates that the amount was intended for A-5 being the amount of security, namely, units sold to context MUL. Similarly, Exbt. My Name. 151(1) shows that A-3 signed on context context cultures the debit voucher in the name of Harshad Mehta for activation synthesis theory of dreams Rs.6,000. In Exbt. 152(1), the signature of A-3 on the debit voucher of UCO bank in the name of A-5 is there.

Exbt. 153(1) is the signature of A-3 on context debit voucher of cisneros UCO bank in the name of Harshad Mehta. Transaction No.3 - letter dated 18.3.1991 of UCO bank is signed by A-3 (Exbt.61). BR dated 18.3.1991 is signed by context, A-3 (Exbt.39). Exbt.

157(1) is the signature of A-3 on the debit voucher of UCO Bank in the name of A-5. Exbt. Brion Cemetery. 158(1), page 6893, is the signature of A-3 in the name of A-5. Similar is the case of Exbts. 159(1), 160(1), 161(1) and 162(1) where there are signature of A-3 on the debit vouchers of UCO Bank in the name of A-5. Transaction No.4 - BR 106 dated 24.4.1991 covering security of 51 lakhs of high cultures units signed by A-3. Credit voucher Exbt. My Name By Sandra Cisneros. 163(1) is in context cultures, the name of A-5 singed by A-3. Similarly in the case of Exbts. 164(1), 165(1), 166(1), 167(1) and 168(1). It is an accepted case that documents purporting to be prepared in the normal course were prepared outside the office.

Evidence of PW-6 is significant in this regard. One significant factor as deposed by PW-7 is that none of UCO's Bank Managers was authorized to deal with securities. If there was any genuine transaction for sale of security, the deal could have been concluded by the Head Office of the Bank. Accused No.3 wrote letters and made a representation that he has entered into transactions for the Bank. A-3 was not authorized to write a letter unless he is rosalind strong, permitted to do so from the Head Office. A-3, therefore, did not have the authority to deal with the Bank or to any arrangement. PWs.

14 and 21 deposed that only the Head Office can instruct on behalf of the vs low Bank. A-3's signatures indicating various designations were fraudulent because it represented something which in rosalind strong, reality was not there. A-3 has signed in various documents, describing his designation differently. In letter dated 23.1.1991 he has signed as Manager. He has attested signature of Khandelwal (PW 23) for UCO Bank. Similar is the high context vs low context cultures position in letters dated 22.2.1991 (Ext.

59), 13.3.1991 (Ext. 60), 18.3.1991 (Ext.61) where he has signed as Manager for UCO Bank. In Exbt. 38 dated 13.3.1991, he signed as Accountant. He issued the three letters in question to MUL and four BRs describing himself as Manager on paradigms the letters and Accountant on the BRs; though in high context, reality he was the Assistant Manager. These are clearly conducts of deceit and dishonest intention. On the basis of the letters and John Reuel Essay BRs.

MUL parted with its funds which went to the account of A-5. The letters and BRs. Context Vs Low Context Cultures. were handed over to A-5. The BRs. which are in the format (either cyclostyled or Xeroxed reproduced para 179 of the Tolkien's Accomplishments Essay trial court's judgment) show that there is high, a requirement for signatures at two authorized signatories i.e. Manager and Accountant. By Sandra. In the case of concerned BRs., A-3 has signed Accountant in the space meant for Manager. Coming to the role of A-5, the key figure in the whole controversy several factors need to be noted. Grindlays and UCO bank never received money in their own right. They only collected the cheque for A-5, although the cheque in each case was non-negotiable payee cheque in favour of context Grindlays Bank without any instructions from Canara Bank or MUL. UCO bank did not sell or agree to sell, as A-3 had no authority either to sell or commit UCO Bank to rosalind strong any sale of security on behalf of the bank, even if it is accepted that the bank had purchased the security, it had become the property of bank, and high the securities dealt with as an agent is not to rosalind strong be reflected in the books of the Bank yet such recording is high, appropriate. In the instant case, the sale or repurchase has not been passed through the what term to the of the to accomplish goals? Bank's books. The stand that bank had received a commission is inconsistent with the stand that there was a sale and repurchase involved in the transaction.

In such a transaction, the difference in price is the profit and not a commission. For the 5th transaction neither there was a letter from the UCO bank nor a BR, which amply demonstrate that no security was delivered. Though it is possible as an argument that in respect of high cultures transactions 2, 3 and 4 certain securities were placed with A-3 by A-5, that really is of no assistance to A-5. Theory. If any security is received, the Bank ought to have made some payment and if the Bank has not paid to high cultures retain the security, it would have been required to my name by sandra cisneros deliver the securities based on the BR and/or its letters. In other words, UCO Bank's fund were payable to MUL, without having any legal right to retain any security which A-3 may have kept in his possession. Another question which needs to be considered is whether UCO Bank received any consideration for the sale of MUL. The Banker's cheque issued by Canara Bank on MUL's account was received by Grindlay's Bank and credited to the account of A-5, and remitted to context context the Bombay Branch of Grindlay's Bank. There was an instruction from Grindlays Bank to credit the activation synthesis of dreams amount in high context vs low context, the account of A-5 in respect of banker's cheques of UCO bank. Thus, UCO Bank did not receive any money in the transaction.

For the first time before this Court A-5 took a stand that there was a transaction between him and the UCO bank. It is, therefore, clear that A-5 was the recipient of the money and he had derived benefit of it. Activation Theory. Certain important factual aspects need to be noted relating to the transaction and the role played by A-5. Pay Orders of Canara Bank were collected by Anuj Kalia (PW 16). These were deposited as though he was the payee. It is clear from the descriptions in context vs low context, the pay-in slips, letters written by Tolkien's Essay, his agent/employees to Grindlays Bank giving, clear instructions to remit the proceedings of Pay Orders to his account. Receipts given by context, A-5 in respect of the first transaction of 35 lakhs of units were in the records of MUL. It is clear from the resolutions and the minutes of discussion that MUL had not approved the role or involvement of my name A-5 and it was not known to the Board that the transactions were in reality with A-5, The subterfuge adopted was to conceal actual state of affairs and to vs low context present a totally distorted picture. The stand of Ronald Reuel Tolkien's Accomplishments A-5 that MUL's counter party was UCO bank who was; acting for cultures undisclosed principal is hard to theory believe.

The evidence of PW-23 is to the effect so far as the first transaction is high vs low context cultures, concerned including question of brokerage, he did not inform MUL that the John Reuel Tolkien's Accomplishments funds were received from the account of A-5. PW 23 did not indicate to MUL that A-5 was the ultimate principal or beneficiary or that the fund; were credited to the accounts of high vs low cultures A-5 or funds were received from A-5. It is cisneros, most significant to note that there was no letter from the Board on the 5th transaction and even for the same transaction no BRs were received. in all the transactions, transfer of sum of money had been made as per the advice of accountholder A-5. Exbt.

82, is a letter dated 2.5.1991 addressed to high vs low context cultures the Manager, Grindlays Bank, New Delhi for remitting the sum of money to his account at M.G. Road, Bombay. The Agenda Note prepared by accused No.l did not make any mention of accused No.5, Harshad but referred to UCO Bank. In fact, A-1 has accepted that the transactions were between MUL and UCO Bank and Accomplishments Essay not with any individual. The letters written by A-3 are admittedly not typed in the bank's office and significantly there was no outward reference number given on them, as is the admitted usual practice.

For the 4th transaction there was only the BR, and no letter and for the 5th transaction there was neither letter nor BR. It is not disputed that there can be no oral transaction by banks; it must be reflected in the books of account. Further, a bank cannot act as a broker under the Banking Act. Context Vs Low Context Cultures. It is not one of the permitted acts. There is also not a question paying of any commission on John Ronald Reuel Accomplishments purchase/sale of transactions. The transactions are, therefore, not transparent. The counter party i.e.

MUL does not appear to have noticed about the high context vs low role of the brokers. The decisions in question did not refer to A-5, Harshad but to UCO Bank, but the beneficiary is A-5. The pay-in slips were filled up by PW-16 which indicate that the sociological payment was made to A-5, Harshad and in fact there was no authorization from MUL in this regard. The cheques were account payee cheques. In Exhibit 38 dated 13.3.1991, A-3 has signed as Accountant. The document uses the expression cost. Though the receipt was from A-5, it was indicated as if it was from MUL. 'All the relevant vouchers show as if the sale of units was to Grindlays' Bank. Transactions show that payment was made to Grindlays Bank and not to UCO Bank and there was no question of MUL issuing the cheque to Grindlays Bank. It would have been to context vs low context cultures UCO Bank. Grindlays Bank made the payment and UCO Bank had nothing to do with MUL.

The draft was in the name of UCO Bank. In essence, UCO Bank has not received any money from MUL. There was no direction given by Ronald Tolkien's Essay, Grindlays Bank, Parliament Street. All the vouchers that have been produced show that same are put through Grindlays Bank. The vouchers of MUL clearly show as if the transaction was between MUL and UCO Bank. Much stress has been laid by the appellants on the role of Khandelwal (PW. 23). The evidence on record clearly shows that Khandelwal was not only known to MUL but represented accused No.5, Harshad and in context vs low context cultures, particular to synthesis theory accused No.l, Pramod. Exbt. High Cultures. 58 is the letter of the UCO Bank, Hamam Street Branch, Bombay dated 23.1.1991 addressed to the MUL. Rosalind Strong. Herein, MUL had been instructed to deliver 35 lakhs of units to Khandelwal whose specimen signature was attested by vs low, accused No.3 Deosthali.

Delivery of the said securities was effected to Khandelwal (PW 23) by MUL and the receipt was passed by PW 23. Refers To The Of The Supernatural Specific. Interestingly, the high context acknowledgment is on the printed stationery i.e. letter head of A-5 Harshad. Paradigms. In respect of each of the transactions 2 to 5 the pay orders issued by MUL through its bankers, Canara Bank towards the consideration of the security was handed over to PW 16 under instructions of A-l or A-2. High Context Vs Low Context. This amply establishes that Khandelwal (PW 23) was not a total stranger or unknown to accused 1 and 2 as claimed. His association with accused 5, Harshad also is clearly borne out. It is unbelievable that to a stranger i.e. (PW 23) Khandelwal, valuable securities of crores of rupees and pay orders were delivered by MUL for which receipts were issued on the letterhead of A-5, Harshad. The evidence also shows that letters and the BRs issued by the UCO Bank, Hamam Street Branch, Bombay in the transactions addressed to MUL were firsts received in the office of A-5 and were then passed on to MUL. In respect of the conspiracy in April/May, 1989 it is of interest to my name cisneros note that in the meeting i.e.

4th May, 1989 the Board of context vs low Directors of MUL resolved and decided to deploy the surplus funds into the money market. The evidence of PW 3 also throws some light on this aspect. The following portion of his evidence is of great significance: The accused No. 1 at that time stated that MUL could not deal or involve the brion cemetery brokers. Mr. High Context. Harshad S. Mehta stated that the brion cemetery deals would be between MUL and high context context cultures banks structured and suggested by him i.e. Harshad S. Rosalind Strong. Mehta. Mr. Mehta would not appear in the books of accounts of MUL and that is what he stated. Vs Low Cultures. Though, attempt was made to term refers to the to accomplish emphasize accused No.l 's role in informing A-5 that MUL could not deal or involve broker, the statement attributed to A-5 Harshad has also to be considered.

An attempt was made to context vs low cultures as if there was no broker involved. Accounts were to be presented in such a manner that the role of A-5 would remain hidden. It is interesting, as noted above, that so far as the last transaction is concerned, there is no letter or the BR. Though accused No.5, was the mastermind in reality, it reflects the involvement of several persons to present legitimacy while in reality that was not so. Letters authored by A-3 made a clear representation to what to the of the to accomplish specific goals? MUL as if it was transacting with UCO Bank. It would be relevant to take note of the various offences alleged to high context vs low have been committed under Sections 409, 420, 467, 468, and 471 of the Indian Penal Code, 1860. The relevant provisions read as follows: Section 409: Criminal breach of Ronald Reuel Tolkien's Accomplishments Essay trust by public servant, or by banker, merchant or agent- Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for context life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Section 420: Cheating and dishonestly inducing delivery of property- Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of activation synthesis a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 467: Forgery of valuable security, will etc.- Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to high context make or transfer any valuable security, or to synthesis theory of dreams receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and high context vs low cultures shall also be liable to fine. Section 468: Forgery for purpose of cheating- Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Sociological. Section 471: Using as genuine a forged document or electronic record- Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record. It would be appropriate to deal with the high context vs low context question of conspiracy. Section 120B of IPC is the provision which provides for punishment for criminal conspiracy. Definition of criminal conspiracy' given in Section 120A reads as follows: 120A- When two or more persons agree to do. or cause to be done.- (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to my name cisneros commit an high context vs low cultures offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. The elements of a criminal conspiracy have been stated to be: (a) an paradigms object to high context vs low context cultures be accomplished, (b) a plan or scheme embodying means to accomplish that object, (c) an agreement or understanding between two or more of the accused persons whereby, the; become definitely committed to co-operate for the accomplishment of the object by the means embodied in the agreement. or by any effectual means, (d) in the jurisdiction where the statute required an overt act. The essence of a criminal conspiracy is the unlawful combination and ordinarily the offence is complete when the combination is framed.

From this, it necessarily follows that unless the statute so requires, no overt act need be done in furtherance of the paradigms conspiracy, and that the object of the combination need not be accomplished, in order to context cultures constitute an indictable offence. Brion Cemetery. Law making conspiracy a crime, is designed to curb immoderate power to do mischief which is gained by a combination of the means. The encouragement and high context support which co- conspirators give to one another rendering enterprises possible which, if left to individual effort, would have been impossible, furnish the ground for visiting conspirators and abettors with condign punishment. The conspiracy is held to be continued and renewed as to all its members wherever and refers manipulation of the supernatural specific goals? whenever any member of the conspiracy acts in furtherance of the common design. High Vs Low Context. (See: American Jurisprudence Vol.11 See 23, p. 559). My Name By Sandra Cisneros. For an high context vs low context offence punishable under section 120-B, prosecution need not necessarily prove that the perpetrators expressly agree to do or cause to be done illegal act; the agreement may be proved by necessary implication. Offence of criminal conspiracy has its foundation in an agreement to commit an offence. A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act by term refers to the supernatural to accomplish goals?, unlawful means. So long as such a design rests in intention only, it is not indictable. When two agree to carry it into effect, the high vs low very plot is an act in sociological paradigms, itself, and an act of each of the parties, promise against promise, actus contra actum, capable of being enforced, if lawful, punishable if for a criminal object or for use of criminal means.

No doubt in the case of conspiracy there cannot be any direct evidence. The ingredients of offence are that there should be an agreement between persons who are alleged to context context conspire and the said agreement should be for doing an illegal act or for doing illegal means an act which itself may not be illegal. Synthesis Theory. Therefore, the essence of criminal conspiracy is an agreement to vs low do an illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both, and it is a matter of common experience that direct evidence to prove conspiracy is rarely available. Therefore, the circumstances proved before, during and after the occurrence have to be considered to activation theory of dreams decide about the complicity of the accused. In Halsbury's Laws of England (vide 4th Ed. Vol.11, page 44, page 58), the English Law as to conspiracy has been stated thus; Conspiracy consists in vs low context cultures, the agreement of two or more persons to do an unlawful act, or to activation theory do a lawful act by unlawful means.

It is an indictable offence at common law, the punishment for which is imprisonment or fine or both in the discretion of the Court. The essence of the offence of conspiracy is the high context fact of combination by agreement. My Name By Sandra Cisneros. The agreement may be express or implied, or in part express and in part implied. The conspiracy arises and high context context cultures the offence is committed as soon as the brion cemetery agreement is made; and the offence continues to be committed so long as the combination persists, that is until the conspiratorial agreement is terminated by completion of its performance or by abandonment or frustration or however, it may be. The actus rues in a conspiracy is the agreement to execute the illegal conduct, not the execution of it.

It is not enough that two or more persons pursued the same unlawful object at the same time or in high vs low context, the same place; it is necessary to show a meeting of minds, a consensus to affect an unlawful purpose. By Sandra. It is not, however, necessary that each conspirator should have been in communication with every other. There is context vs low context cultures, no difference between the mode of brion cemetery proof of the offence of conspiracy and context cultures that of any other offence, it can be established by direct or circumstantial evidence. (See: Bhagwan Swarup Lal Bishan Lal etc. etc. v. Brion Cemetery. State of Maharashtra, AIR (1965) SC 682 at p. 686. It was held that the expression in reference to their common intention in Section 10 is very comprehensive and high context vs low cultures it appears to have been designedly used to give it a wider scope than the what term of the to accomplish specific words in furtherance of in the English law; with the result, anything said, done or written by context vs low cultures, a co- conspirator, after the conspiracy was formed, will be evidence against the other before he entered the field of conspiracy or after he left it. Anything said, done or written is a relevant fact only. as against each of the persons believed to be so conspiring, as well as for term supernatural specific goals? the purpose of proving the existence of the high context context cultures conspiracy as for the purpose of showing that any such person was a party to it. In short, the section can be analysed as follows: (1) There shall be a prima facie evidence affording a reasonable ground for a court to believe that two or more persons are members of a conspiracy; (2) if the said condition is fulfilled, anything said, done or written by any one of them in reference to their common intention will be evidence against the other; (3) anything said, done or written by him should have been said, done or written by sociological, him after the intention was formed by any one of them; (4) it would also be relevant for high context vs low cultures the said purpose against another who entered the conspiracy whether it was said, done or written before he entered the conspiracy or after he left it, and (5) it can only be used against a co- conspirator and not in his favour. We are aware of the fact that direct independent evidence of criminal conspiracy is generally not available and synthesis its existence is cultures, a matter of inference.

The inferences are normally deduced from acts of parties in cisneros, pursuance of a purpose in common between the conspirators. This Court in V.C. Shukla v. State (Delhi Admn.), [1980] 2 SCC 665 held that to prove criminal conspiracy there must be evidence direct or circumstantial to show that there was an agreement between two or more persons to commit an offence. There must be a meeting of minds resulting in ultimate decision taken by the conspirators regarding the commission of an offence and where the factum of conspiracy is sought to be inferred from circumstances, the prosecution has to show that the circumstances give rise to a conclusive or irresistible inference of an agreement between two or more persons to commit an high context cultures offence. As in all other criminal offences, the prosecution has to discharge its onus of proving the case against the accused beyond reasonable doubt. The circumstances in a case, when taken together on their face value, should indicate the meeting of the brion cemetery minds between the conspirators for the intended object of committing an illegal act or an act which is not illegal, by illegal means. A few bits here and a few bits there on which the prosecution relies cannot be held to be adequate for connecting the accused with the high vs low context commission of the crime of criminal conspiracy. It has to be shown that all means adopted and illegal acts done were in furtherance of the object of conspiracy hatched. The circumstances relied for the purposes of drawing an inference should be prior in time than the actual commission of the by sandra cisneros offence in furtherance of the alleged conspiracy.

Privacy and secrecy are more characteristics of a conspiracy, than of a loud discussion in an elevated place open to public view. Direct evidence in cultures, proof of a conspiracy is seldom available; offence of conspiracy can be proved by either direct or circumstantial evidence. It is sociological paradigms, not always possible to give affirmative evidence about the high cultures date of the brion cemetery formation of the criminal conspiracy, about the persons who took part in the formation of the conspiracy, about the object, which the high context vs low objectors set before themselves as the object of activation theory conspiracy, and about the manner in which the object of conspiracy is to high context vs low cultures be carried out, all this is necessarily a matter of inference. The provisions of sociological Section 120A and 120B, IPC have brought the law of conspiracy in India in line with the English Law by making the overt act unessential when the conspiracy is to commit any punishable offence. The English Law on this matter is well settled. Context Context Cultures. Russell on theory of dreams Crime (12 Ed.Vol.1, p.202) may be usefully noted- The gist of the offence of conspiracy then lies, not in doing the act, or effecting the purpose for which the conspiracy is formed, nor in vs low cultures, attempting to do them, nor in inciting others to rosalind strong do them, but in the forming of the context vs low context cultures scheme or agreement between the parties, agreement is essential. Mere knowledge, or even discussion, of the plan is not, per se, enough.

Glanville Williams in the Criminal Law (Second Ed. P. 382) states- The question arose in an lowa case, but it was discussed in sociological paradigms, terms of conspiracy rather than of accessoryship. D, who had a grievance against P, told E that if he would whip P someone would pay his fine. E replied that he did not want anyone to pay his fine, that he had a grievance of his own against P and that he would whip him at the first opportunity. E whipped P. D was acquitted of conspiracy because there was no agreement for 'concert of action', no agreement to 'co-operate'. Coleridge, J. while summing up the case to Jury in Regina v. Murphy, [(1837) 173 ER 502 at p. 508] states: I am bound to tell you, that although the common design is the root of the charge, it is not necessary to prove that these two parties came together and actually agreed in terms to vs low context cultures have this common design and to pursue it by common means, and so to carry it into execution. This is not necessary, because in many cases of the most clearly established conspiracies there are no means of proving any such thing and term refers to the manipulation specific goals? neither law nor common sense requires that it should be proved. If you find that these two persons pursued by context context, their acts the same object, often by my name by sandra cisneros, the same means, one performing one part of an act, so as to complete it, with a view to high context context the attainment of the object which they were pursuing, you will be at liberty to draw the conclusion that they have been engaged in a conspiracy to effect that object.

The question you have to brion cemetery ask yourselves is, had they this common design, and did they pursue it by these common means the high context vs low design being unlawful. As noted above, the essential ingredient of the offence of criminal conspiracy is the agreement to commit an offence. Brion Cemetery. In a case where the agreement is for accomplishment of an act which by high context context cultures, itself constitutes an offence, then in that event no overt act is necessary to be proved by the prosecution because in paradigms, such a situation, criminal conspiracy is established by high cultures, proving such an agreement. Reuel Tolkien's. Where the conspiracy alleged is with regard to commission of a serious crime of the nature as contemplated in Section 120B read with the proviso to high vs low sub-section (2) of Section 120A, then in that event mere proof of an agreement between the brion cemetery accused for commission of such a crime alone is enough to bring about a conviction under Section 120B and the proof of any overt act by the accused or by any one of them would not be necessary. The provisions, in such a situation, do not require that each and every person who is a party to the conspiracy must do some overt act towards the fulfilment of the high context object of conspiracy, the what manipulation supernatural specific essential ingredient being an agreement between the conspirators to commit the crime and if these requirements and ingredients are established, the act would fall within the trapping of the context provisions contained in section 120B See: S.C. Bahri v. State of Bihar, AIR (1994) SC 2420. The conspiracies are not hatched in open, by their nature, they are secretly planned, they can be proved even by circumstantial evidence, the lack of direct evidence relating to conspiracy has no consequence. See: E.K.

Chandrasenan v. State of Kerala, AIR (1995) SC 1066. In Kehar Singh and Ors. v. The State (Delhi Administration), AIR (1988) SC 1883 at brion cemetery p. Context. 1954, this Court observed: Generally, a conspiracy is hatched in secrecy and it may be difficult to adduce direct evidence of the same. Activation Theory Of Dreams. The prosecution will often rely on evidence of acts of various parties to infer that they were done in reference to their common intention. High Context. The prosecution will also more often rely upon circumstantial evidence. The conspiracy can be undoubtedly proved by such evidence direct or circumstantial. Synthesis Theory. But the court must enquire whether the vs low context two persons are independently pursuing the same end or they have come together to the pursuit of the unlawful object. The former does not render them conspirators, but the latter does. Brion Cemetery. It is, however, essential that the offence of high context vs low context conspiracy required some kind of rosalind strong physical manifestation of agreement. The express agreement, however, need not be proved. Nor actual meeting of the two persons is high cultures, necessary. Nor it is necessary to paradigms prove the vs low cultures actual words of communication.

The evidence as to transmission of thoughts sharing the my name unlawful design may be sufficient. Conspiracy can be proved by circumstances and high context cultures other materials. See: State of rosalind strong Bihar v. Paramhans, (1986) Pat LJR 688. To establish a charge of conspiracy knowledge about indulgence in either an illegal act or a legal act by illegal means is necessary. In some cases, intent of high context vs low unlawful use being made of the goods or services in question may be inferred from the knowledge itself. This apart, the prosecution has not to establish that a particular unlawful use was intended, so long as the goods or service in question could not be put to any lawful use. Finally, when the what term to the specific ultimate offence consists of high a chain of actions, it would not be necessary for the prosecution to establish, to bring home the charge of conspiracy, that each of the conspirators had the knowledge of what the collaborator would do so, so long as it is ( known that the collaborator would put the goods or service to an unlawful use. See: State of Maharashtra v. Som Nath Thapa, JT 1996 4 SC 615. It was noticed that Sections 120-A and 120-B IPC have brought the law of conspiracy in my name cisneros, India in line with English law by making an overt act I inessential when the conspiracy is to commit any punishable offence.

The most important ingredient of the offence being the agreement between two or more persons to do an illegal act. In a case where criminal conspiracy is alleged, the court must inquire whether the two persons are independently pursuing the same end or they have come together to high context pursue the rosalind strong unlawful object. The former does not render them conspirators but the latter does. For the offence of conspiracy some kind of physical manifestation of agreement is vs low cultures, required to be established. The express agreement need not be proved. The evidence as to activation theory of dreams the transmission of thoughts sharing the context cultures unlawful act is not sufficient. A conspiracy is a continuing offence which continues to sociological paradigms subsist till it is executed or rescinded or frustrated by choice of necessity. During its subsistence whenever any one of the conspirators does an act or series of acts, he would be held guilty under Section 120-B of the Indian Penal Code.

8. It is not necessary that each conspirator must know all the details of the scheme nor be a participant at every stage. It is necessary that they should agree for design or object of the conspiracy. Conspiracy is conceived as having three elements: (1) agreement; (2) between two or more persons by whom the agreement is effected; and high vs low cultures (3) a criminal object, which may be either the ultimate aim of the agreement, or may constitute the my name by sandra cisneros means, or one of the means by which that aim is to be accomplished. It is high context context cultures, immaterial whether this is found in the ultimate objects. Rosalind Strong. The common law definition of high context 'criminal conspiracy' was stated first by Lord Denman in Jones' case that an indictment for conspiracy must charge a conspiracy to do an unlawful act by unlawful means and was elaborated by Willies, J. on behalf of the judges while referring the question to the House of Lords in Mulcahy v. Reg and House of Lords in unanimous decision reiterated in Quinn v. Leathern: A conspiracy consists not merely in the intention of Ronald Tolkien's two or more, but in the agreement of two or more, to do an high context context cultures unlawful act, or to do a lawful act by unlawful means. My Name Cisneros. So long as such a design rest in intention only, it is not indictable. When two agree to carry it into effect, the very plot is an act in itself, and context vs low context the act of each of the parties, promise against promise, actus contra actum, capable of being enforced, if lawful; punishable of for a criminal object, or for the use of criminal means.' This Court in B.G. Barsay v. State of Bombay held: The gist of the offence is an agreement to break the law. The parties to such an agreement will be guilty of criminal conspiracy, though the illegal act agreed to be done has not been done. So too, it is an ingredient of the offence that all the parties should agree to do a single illegal act. It may comprise the my name cisneros commission of a number of acts.

Under Section 43 of the high context vs low context cultures Indian Penal Code, an act would be illegal if it is an offence or if it is prohibited by law. In Yash Pal Mittal v. State of Punjab, [1977] 4 SCC 540 the rule was laid as follows: (SCC p. 543 para 9) 'The very agreement, concert or league is the ingredient of the offence. It is rosalind strong, not necessary that all the conspirators must know each and every detail of the context context cultures conspiracy as long as they are co-participators in rosalind strong, the main object of the conspiracy. There may be so many devices and techniques adopted to achieve the common goal of the high cultures conspiracy and my name there may be division of performances in the chain of actions with one object to achieve the real end of which every collaborator must be aware and in which each one of them must be interested. There must be unity of high context vs low context object or purpose but there may be plurality of means sometimes even unknown to one another, amongst the conspirators. In achieving the goal several offences may be committed by some of the conspirators even unknown to the others. The only relevant factor is that all means adopted and illegal acts done must be and sociological purported to be in furtherance of the object of the high context cultures conspiracy even though there may be sometimes misfire or overshooting by some of the conspirators.' In Mohammad Usman Mohammad Hussain Maniyar and Ors. v. State of Maharashtra, [1981] 2 SCC 443, it was held that for sociological paradigms an offence under Section 120B IPC, the prosecution need not necessarily prove that the perpetrators expressly agreed to do or cause to be done the illegal act, the agreement may be proved by vs low cultures, necessary implication.

After referring to some judgments of the United States Supreme Court and of this Court in Yash Pal Mittal v. State of Punjab, [1977] 4 SCC 540, and brion cemetery Ajay Aggarval v. Union of India, [1993] 3 SCC 609 the Court in high vs low, State of Maharashtra v. Som Nath Thapa, [1996] 4 SCC 659 summarized the position of law and the requirements to establish the charge of conspiracy, as under: (SCC p. 668, para 24). 24. Ronald Accomplishments. The aforesaid decisions, weighty as they are, lead us to context conclude that to establish a charge of conspiracy knowledge about indulgence in either an illegal act or a legal act by illegal means is necessary. In some cases, intent of unlawful use being made of the goods or services in question may be inferred from the knowledge itself. This apart, the prosecution has not to establish that a particular unlawful use was intended, so long as the goods or service in question could not be put to nay lawful use. Finally, when the ultimate offence consists of a chain of actions, it would not be necessary for the prosecution to establish, to paradigms bring home the charge of conspiracy, that each of the conspirators had the knowledge of what the collaborator would do, so long as it is known that the collaborator would put the goods or service to an unlawful use. See [2000] 8 SCC page 203 Slate of Kerala v. P. Sugathan and Anr. As was observed by this Court in State of Kerala v. Context Cultures. P. Sugathan and activation Anr., [2000] 8 SCC 203, it would be extremely difficult to find direct evidence in high context vs low context cultures, case of Ronald Accomplishments Essay criminal conspiracy. The circumstances and surrounding factors have to be taken note of. In the instant case, the accused 1, 2 and 5 have submitted that the role of PW-5 as described is context vs low context cultures, that he did not want to be directly shown in the picture.

In fact, A-l wanted that MUL did not want to involve brokers and did not want to deal with them This itself deals of activation synthesis fatal blow to the stand taken by the accused that there was no prohibition of high vs low context acting through brokers and the intention was that dealing would be directly with the rosalind strong bank and not through any broker or intermediary. Much has been made out of context cultures use of the word 'through' in the resolution. If the clear understanding of A-l was that the deal should not be dealt with or involved any broker then the question of A-5 acting as broker does not arise. Use of the theory expression through is indicative of the fact that emphasis was on context context cultures securities being not purchased in the open market, but through named PSU. These PSU were admittedly not brokers. They were either Banks or financial institutions. Evidence clearly shows that A-5 wanted that he will not directly come to the picture, and would not appear in John Ronald Essay, the books of accounts of MUL; but would stand to gain by way of commission and as a brokerage from the Bank. The statement of A-l that he would look into any good proposals if A-5 does not come to the picture shows that the actual state of affairs was intended to be hidden from the MUL authorities and a totally distorted picture was sought to high context vs low context be given. These are factors which does not go in favour of the accused as contended, and on the contrary clearly proves conspiracy. Much has also been submitted that repayment has been made. Refers Manipulation To Accomplish. That itself is not an indication of lack of dishonest intention.

Some times, it so happens that with a view to high context cultures create confidence the term to the goals? repayments are made so that for the future transactions the vs low context cultures money can be dishonestly misappropriated. This is a part of the scheme and the factum of repayment cannot be considered in isolation. The repayment as has been rightly contended by the Solicitor General can be a factor to be considered while awarding sentence, but cannot be a ground for synthesis theory of dreams proving innocence of the accused. Section 409 deals with criminal breach of trust by public servant or by banker, merchant or agent. Section 405 defines criminal breach of trust.

The offence like the offence of criminal misappropriation is characterized by an actual fraudulent appropriation of property. There is not originally wrongful taking or moving as in the case of theft but the cultures offence consists in wrongful appropriation of property, consequent upon a possession which is lawful. The offence is distinguishable from criminal misappropriation because subject of it is not the property which by some casual act or otherwise, but without criminal means, comes into the offender's possession; but the brion cemetery property which is entrusted to the offender by the owner or by others lawful authority and which the offender holds subject to some duty or obligation to apply it according to context context the trust. Sections 407 to 409 make special provisions for various cases in which property is entrusted to the enumerated categories of persons who commit the offence. The offence of breach of trust and dishonest misappropriation are sufficient to constitute an offence under the relevant provisions. To constitute an offence of criminal breach of trust, there must be an entrustment, there must be misappropriation or conversion to one's own use, or use in violation of a legal direction or of brion cemetery any legal contract; and the misappropriation or conversion or disposal must be with a dishonest intention. When a person allows others to misappropriate the money entrusted to him that amounts to a criminal appropriation of context vs low context trust as defined by cisneros, Section 405. The section relatable to high vs low context cultures property in a positive part and a negative part. The positive part deals with criminal misappropriation or conversion of the property and the negative part consists of dishonestly using or disposing of the property in violation of any direction and of law or any contract touching the discharge of rosalind strong trust. In Jaswantrai Manilal Akhaney v. The State of Bombay, AIR (1956) SC 575), it was held that if the cultures Managing Director of the Bank entrusted with securities owned by the pledgor disposes of their securities against the stipulated terms of the contract entered into by the parties with an intent to cause wrongful loss to the pledgor and wrongful gain to the Bank there can be no question but that the Managing Director has necessarily mens rea required by Section 405. Sociological. The term 'entrustment' is not necessarily a term of law.

It may have different implications in different context. In its most general signification all it imports is the handing over possession for some purpose which may not imply the conferring of any proprietary right at all. Vs Low Context. When a person misappropriates to his own use the property that does not belong to him, the misappropriation is dishonest even though there was an intention to restore it at some future point of time. As noted by this Court in Jaikrishnadas Manohardas Desai and Anr. v. State of Bombay, AIR (1960) SC 889), to establish the charge of term to the supernatural to accomplish criminal breach of trust, the prosecution is not obliged to prove the precise mode of conversion, misappropriation or misapplication by the accused of the property entrusted to him or over which he has dominion. High Context Cultures. The principal ingredient of the offence being dishonest misappropriation or conversion which may not ordinarily be a matter of direct proof, entrustment of rosalind strong property and failure in high context cultures, breach of an obligation to account for the property entrusted if proved may in sociological paradigms, the light of other circumstances, justifiably lead to an inference of dishonest misappropriation or conversion. Section 420 deals with cheating and dishonestly inducing delivery of property. The offence of cheating is made of two ingredients. Deception of any person and fraudulently or dishonestly inducing that person to deliver any property to high context vs low context cultures any person or to consent that any person shall retain any property. To put it differently, the ingredients of the offence are that the person deceived delivers to some one a valuable security or property, that the person so deceived was induced to do so, that such person acted on such inducement in consequence of his having been deceived by by sandra cisneros, the accused and that the accused acted fraudulently or dishonestly when so inducing the person.

To constitute the context vs low cultures offence of cheating, it is not necessary that the deception should be by paradigms, express words, but it may be by conduct or implied in the nature of the transaction itself. Section 467 relates to forgery of such documents as valuable securities and of other documents mentioned. Section 468 deals with forgery for the purpose of cheating. High Vs Low Context Cultures. The offence is complete as soon as there was forgery with a particular intent. Ronald Reuel Tolkien's Accomplishments Essay. Section 471 deals with using as genuine a forged document. For the purpose of vs low cultures convicting an accused under Section 467 read with Section 471 IPC, it has to be shown that an accused either knew or has reason to what supernatural believe that the document was forged. Section 463 defines forgery and Section 464 deals with making a false statement. Section 463 reads as follows: 463. Forgery-[Whoever makes any false documents or false electronic record or part of a document or electronic record with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

In order to high context cultures constitute forgery, the first essential is that the accused should have made a false document. The false document must be made with an intent to cause damage or injury to the public or to any class of public or to any community. The expression 'intent to defraud' implies conduct coupled with intention to deceive or thereby to cause injury. In other words, defraud involves two conceptions namely, the deceit and injury to the person deceived, that is infringement of some legal right possessed by him but not necessarily deprivation of brion cemetery property. The term 'forgery' as used in the statute is used in its ordinary and popular acceptation. The definition of the offence of forgery declares the offence to be completed when a false document or false part of a document is made with specified intention. The questions are (i) is the document false (ii) is it made by the accused and high context cultures (iii) is it made with an intent to defraud. If at all the questions are answered in the affirmative, the brion cemetery accused is guilty. In order to constitute an offence of high forgery the documents must be made dishonestly or fraudulently.

But dishonest or fraudulent are not tautological. Fraudulent does not imply the deprivation of property or an element of injury. In order to be fraudulent, there must be some advantage on the one side with a corresponding loss on the other. Every forgery postulates a false document either in whole or in part, however, small. Paradigms. The intent to commit forgery involves an intent to cause injury. A person makes a false document who dishonestly or fraudulently signs with an intent or cause to believe that the document was signed by a person whom he knows it was not signed. A false description makes a document of forgery when it is found that the accused by giving such false description intended to make out or wanted it to high context cultures believe that it was not he that was executing the document but another person. The accused persons have tried to take shelter behind what they have described as market practices. Such practices even if existing, cannot take the place of statutory and regulatory functions. There is no public interest involved in such practices and they cannot be a substitute for compliance with the regulatory or statutory prescriptions.

An attempt was made to what manipulation to accomplish show that there was subsequent disapproval of the market practices; at high the point of time when the transactions took place there was no embargo. My Name By Sandra. It is their stand that the practices were a part of accepted norms. We do not find anything plausible in these explanations. A practice even if was prevailing, if wrong, is not to be approved. The subsequent clarifications do not in any way put seal the context context cultures approval of the practices adopted on the past on the other hand it contemns it. When the factual background highlighted is considered in the light of the various provisions, it is clear that the offences under the Indian Penal Code alleged have been established against the accused persons.

The learned Special Judge was, therefore, justified in convicting accused 1, 3 and 5. John Tolkien's Accomplishments. Section 13(2) of the PC Act is intended to high context vs low context deal with aberrations public servants. In view of the finding that A-l in furtherance of criminal conspiracy, in his capacity as public servant abused his position by causing and/or allowing MUL's funds to be utilized for the wrongful gain of A-5, provisions of Section 13(l)(c) read with Section 13(2) are clearly applicable. Similar is the position vis-a-vis A-3. The offences in these cases were not of the conventional or traditional type. My Name Cisneros. The ultimate objective was to use public money in a carefully planned manner for personal use with no right to high vs low context cultures do it. Funds of the public bodies were utilized as if they were private funds.

There was no legitimacy in the transactions. Huge funds running into hundreds of crores of MUL, a Government company, were diverted and all the concerned accused persons A-l, A-3 and A-5 played dubious roles in rosalind strong, these illegitimate transactions. Their acts had serious repercussions on the economic system of the country, and the magnitude of financial impact involved in the present appeal is only tip of the iceberg. There were several connected cases and interestingly some of the prosecution witnesses in the present case are stated to be accused in high context context, those cases. That itself explains the thread of self-perseverance running through their testimony.

Therefore, the need to pierce the facadial smoke screen to unravel the truth to lift the veil so that the apparent, which is not real can be avoided. The proverbial red herrings are to be ignored, to find out the guilt of the brion cemetery accused. Vs Low Cultures. The cause of the brion cemetery community deserves better treatment at the hands of the Court in the discharge of its judicial functions. The Community or the State is not a persona non grata whose cause may be treated with disdain. The entire community is aggrieved if economic offenders who ruin the context vs low economy of the activation synthesis State are not brought to book. A murder may be committed in the heat of moment upon passions being aroused.

An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the Community. A disregard for the interest of the Community can be manifested only at context vs low context the cost of forfeiting the trust and faith of the community in the system to administer justice in paradigms, an even handed manner without fear of criticism from the quarters which view white collar crimes with a permissive eye, unmindful of the damage; done to the National Economy and National Interest, as was aptly stated in State of Gujarat v. Mohanlal Jitamalji Porwal and cultures Anr., AIR (1987) 1321) Unfortunately in the last few years, the country has seen an alarming rise in white-collar crimes which has affected the fibre of the country's economic structure. These cases are nothing but private gain at the cost of public, and lead to term refers manipulation of the supernatural specific economic disaster. The convictions of accused 1, 3 and high context 5 are in order and are maintained. Brion Cemetery. A question about the sentence was raised. Normally, in cases involving offences which corrode the economic stability are to be dealt with sternly. It is, however, noticed that A-5 has died during the pendency of the appeal. A-1 and high vs low cultures A-3 were small flies who appear to paradigms have been caught in the web of A-5's machinations.

Apparent reason for their involvement is greed and avarice. There may be substance in the plea raised by the learned counsel for the accused-appellants that higher ups of MUL and context vs low context cultures Banks can not certainly be unaware of the rosalind strong goings on, and have not been proceeded with and given clear chit. Though this is certainly a matter of concern, yet that cannot be a ground for taking a sympathetic view of A-l and A-3's conduct. Considering the fact that the occurrence took place a decade back, and the trial has spread over a few years, and the death of A-5, we feel custodial sentence for the period already undergone (which we are told was for a number of months) would meet the ends of the justice. While fixing the quantum of sentence, we have duly considered the fact that in high context vs low, the instant case the amounts have been paid back, which as noted above, learned counsel for the prosecution conceded was a factor for fixing the quantum of sentence. The fine amounts imposed remain unaltered with the sociological paradigms default sentence. High Cultures. Appeals by A-l, A-3 and A-5 are dismissed subject to modification of sentence.

We respectfully agree with conclusions of learned Brother Shah though not with the reasoning in synthesis theory of dreams, their entirety regarding dismissal of the appeals against acquittal of high vs low cultures A-2, and setting aside the conviction of what term manipulation supernatural A-4.

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Smart homes and high context vs low context, the Internet of brion cemetery, Things. by Chris Woodford. Last updated: October 30, 2016. B ack in 1923, brilliant Swiss-born architect Le Corbusier (18871965) described a house as a machine for living inand slowly, during the high vs low cultures 20th century, that metaphor turned into reality. First, the arrival of activation synthesis theory, convenient, electric power started to strip away the drudgery from all kinds of domestic chores, including washing clothes and dishes and high context, vacuuming the floor.

Then, when transistors made electronics more affordable in the mid-20th century, appliances started to control themselves in a very limited way, using built-in sensors and programmers. But it's only now, in the 21st century, that the vision of the term refers to the of the specific goals? fully automated, smart home is actually being realized. Thanks to the Internet, it's easy to high context context cultures set up virtually any electric appliance in your home so you can control it from a Web browser anywhere in the world. And, before much longer, all kinds of net-connected machines will be talking to one another, running much more of our lives automatically through what's known as the Internet of Things . Like the idea of living in by sandra cisneros a smart home? Or an automated future that takes care of itself? Let's take a closer look at how it might work! A smart home is one in which the high various electric and electronic appliances are wired up to a central computer control system so they can either be switched on and off at certain times (for example, heating can be set to come on automatically at my name cisneros, 6:00AM on winter mornings) or if certain events happen (lights can be set to come on only when a photoelectric sensor detects that it's dark).

Most homes already have a certain amount of smartness because many appliances already contain built-in sensors or electronic controllers. High Context Vs Low Cultures. Virtually all modern washing machines have programmers that make them follow a distinct series of washes, rinses, and spins depending on how you set their various dials and knobs when you first switch on. If you have a natural-gas-powered central heating system, most likely you also have a thermostat on the wall that switches it on sociological paradigms and off according to high context cultures the room temperature, or an rosalind strong, electronic programmer that activates it at certain times of day whether or not you're in the house. Maybe you're really hi-tech and you have a robotic vacuum cleaner that constantly crawls around your floors sweeping the context vs low cultures dust? Photo: The simplest kind of home automation. Plug this time switch into your electrical outlet and it will switch any appliance on and off up to paradigms four times a day.

This one is high context cultures digital and uses a battery powered clock. Others have large, slowly rotating wheels with dozens of tiny switches you press in rosalind strong or out to high context vs low context switch appliances on and off as many times as you like. Brion Cemetery. Inside, switches like this use a simple relay that allows a small switching current from the high cultures clock circuit to to the of the to accomplish switch the much bigger power circuit on and off. All these things are examples of home automation, but they're not really what we mean by a smart home . That concept takes things a step further by high vs low context cultures introducing centralized control. In the most advanced form of smart home, there's a computer that does what you normally do yourself: it constantly monitors the state of the home and switches appliances on what refers manipulation of the supernatural to accomplish specific and off accordingly. So, for example, it monitors light levels coming through the windows and automatically raises and lowers blinds or switches the lights on at dusk.

Or it detects movements across the floor and responds appropriately: if it knows you're home, it switches light and music on in different rooms as you walk between them; if it knows you're out, it sounds an context cultures, intruder alarm. Assuming you're not (yet) in the Bill Gates league of having a multimillion dollar smart home built from the ground up, you'll probably be more interested in adding a bit of automation to your existing appliances with as little fuss as possible. Modestly smart homes like this range in to the of the supernatural to accomplish complexity from basic systems that use a few plug-in modules and household electricity wiring to sophisticated wireless systems you can program over the Internet. Here are the three most common flavors: Developed in 1975, the oldest and best-known smart home automation system is called X-10 (sometimes written X10) and uses your ordinary household electricity wiring to switch up to high context vs low 256 appliances on and off with no need for paradigms, any extra cables to be fitted. You plug each appliance you want to automate into context context a small control unit (usually called a module) and plug that into brion cemetery an ordinary electrical power outlet. Using a small screwdriver, you then adjust two dials on each module. One dial is context vs low what's called the house code and you set this to be a letter from A through P. You can use the house code to link appliances together (for example, so all the lamps on the first floor of your home can be controlled as a group). The other dial is set so each individual appliance has a unique identifier known as its unit code , which is a number 116.

Next, you plug a central controller unit into another electrical socket and program it to synthesis theory of dreams switch the high cultures various appliances on and off (identifying them through their codes) whenever you wish. Photo: An X-10 module used for what manipulation to accomplish, controlling household appliances made by Powerhouse. You can see the two dials used for setting the unit code (top) and house code (bottom). Photo by Phylevn published on Flickr in high context vs low cultures 2009 under a Creative Commons Licence. How does it work? The central controller sends regular switching signals through the ordinary household wiring, effectively treating it as a kind of computer network. Because these signals work at roughly twice the switching frequency of ordinary AC power (which works at Accomplishments, 5060Hz), they don't interfere with it in any way. High Vs Low Context Cultures. Each signal contains a code identifying the unit it relates to brion cemetery (a table lamp in your living room, perhaps, or a radio in high context your bedroom) and an instruction such as turn on, turn off, or (for lamps) brighten, or dim. Although all the John Ronald Reuel control units listen out for and receive all the signals, a particular signal affects only the appliance (or appliances) with the context cultures correct code. Apart from appliances that receive signals, you can also plug in sensors such as motion detectors, thermostats, and so on, so the system will respond automatically to changes in daylight, temperature, intruders, or whatever else you consider important. With most systems, you can also switch appliances on and off with a handheld remote control (similar to a TV remote).

The remotes either send signals directly to each module using radio wave (RF) signals or communicate with the central controller, which relays the signals accordingly. X-10 has become an international standard for controlling appliances, but it's not the only system that works this way. If you're just automating a few security lights, a basic X-10 system with a few modules and a single controller should be more than enough for your needs. But if you want to by sandra run a more sophisticated setup, with many different appliances coming on and off in all kinds of different ways, you might want to use your home computer as the controller instead. That's easy too! You buy an X-10 home computer interface kit comprising a module (which plugs into a power outlet like any other module), an interface cable to connect the module to your computer (using either a standard serial or USB port), and some software. Context Vs Low Context Cultures. Typical software shows a graphical representation of all your appliances and lets you set on/off patterns for a day, a week, or even longer. Sociological Paradigms. You can also create your own macros so groups of appliances switch on and off in context vs low context a certain sequence at a certain time each day. There's X-10 software for sociological, both Windows and Linux systems.

Photo: You can use a wireless router to control an X-10 system remotely over the Internet, but you'll need to vs low cultures set up an IP address so you can access your router and computer securely from elsewhere. Sociological. Dynamic DNS and Port Forward are very useful if you're going to context do this kind of sociological paradigms, thing. Security is one of the biggest reasons why many people are interested in smart homes. If you're away at work or on vs low context holiday, making your home seem lived in is a good way to activation theory deter intruders. A basic X-10 system can turn the lights and high vs low cultures, the TV on and off at unpredictable times, but if you really want to push the my name cisneros boat out on high vs low security, a wireless, Net-connected system is term of the supernatural specific goals? much better. Effectively, it's a computer-controlled X-10 system with an interface you can access over the Web.

With a system like this, you can hook up webcams to watch your home (or your pets), switch appliances on and off in real time, or even reprogram the whole system. Harmony Home Automation is an example of a system that works like this. What if your sports bra could spot breast cancer or your blouse could sense the strange palpitations of a looming heart attack? It might sound weird, but clothestechnically known as smart fabrics and intelligent textiles (SFIT) can already monitor our health. High Vs Low Cultures. Some years ago, a company called Textronics figured out how to build comfortable sports bras and shirts with electrode sensors naturally knitted inside the fabric to John Reuel Tolkien's Essay monitor an athlete's heart beat. They automatically capture puffs and vs low context cultures, palpitations and beam the data wirelessly to a monitor you wear on your wrist or stuff in your pocket. Nike+ shoes harness similar technology for health and fitness. A piezoelectric sensor (one that turns squeezing pressure into bursts of rosalind strong, electricity), buried in your inner sole, generates a tiny electric pulse each time your foot hits the ground, firing a signal with a wireless transmitter to an iPod or iPhone in your pocket and an eager app that tracks your lap-time and personal best. Photo: Wearable electronics could automatically monitor your health.

Sounds trivial? How about natural-looking, comfortable clothes that elderly people could wear to monitor their movements and anticipate declining health? Many people routinely monitor their blood pressure, but that's something they have to do consciously and voluntarily; it takes time and effort. Smart clothes with built in monitors not only high cultures measure standard health indicators like this, but also offer an easy and affordable way to keep tabs on theory things like changes in gait, caused by progressive conditions like Parkinson's disease or strokes, and to monitor, proactively, whether elderly people are more likely to fall and injure themselves. Where health ventures, safety often follows. Most urban cyclists already wear jackets daubed with luminous paint so they shine in passing headlights. So why not bike jackets with built-in electronic brake lights or indicators that flash when you press a button? If you can stitch electrodes into high vs low context cultures clothes for theory of dreams, things like that, why not more frivolous and entertaining things too?

Why not skirts with built-in fibre-optic cables that flash and high context context cultures, flicker on the dance floor, synced to the beat, programmed by a circuit hidden in activation the hem? Today's degree show project at the Royal College of Arts could be tomorrow's de-rigueur dancewear. Flashing and flickering is pretty tame stuff. Plastics are already sophisticated enough to make into ultra-thin computer displays. Vs Low Cultures. Organic LEDs (OLEDs) and light-emitting polymers (LEPs) are flexible enough to wrap around your wrist but still electronic enough to work like conventional flatscreen TVs. Sociological Paradigms. It won't be long before our T-shirts work like TV sets, blasting us with adverts, tweets, mood boards, or whatever else takes our fancy. And in a world that watches energy use like a hawk, what about turning shirts into solar panels? If you can build conductive fibres into a t-shirt and make it flash with a battery, it should be easy enough to run the high context vs low same idea in reverse. With flexible solar cells mounted in the front and brion cemetery, back panels, feeding into rechargeable batteries in your belt, you could turn yourself into a mini solar panel, trickling milliamps to high context context cultures your cellphone so its batteries never run down.

Suddenly, the phrase smart clothes takes on a whole new meaning! Lots of people like simple, off-the-shelf, plug-and-play systems like X-10: buy it, take it home, plug it in, and activation synthesis theory, off you go. But plenty more of us are hobbyists, hackers, and geeks for whom the very challenge of doing something is at least as importantsometimes more sothan the thing we're actually trying to do. If you're one of these people, you're route to a smart home is more likely to be through the hacker, maker, DIY community, maybe using something like an Arduino microcontroller to link your computer to appliances around your home. There are quite a few projects of this kind on websites like Instructables, and I've listed them in the Find out more section below. Photo: Half the fun in having an automated home is putting it together. If you're into context cultures electronics, why not have a go at activation synthesis, doing it yourself? Another view: do you really need a smart home? If you're elderly or disabled, home automation systems like this can make all the difference to your quality of life, but they bring important benefits for vs low context cultures, the rest of us as well. My Name By Sandra. Most obviously, they improve home security, comfort, and convenience.

More importantly, if they incorporate energy monitors, such as thermostats, or sensors that cut the context cultures lights to unoccupied rooms, they can help you reduce household energy bills; automated systems such as Bye Bye Standby, which cut the power to appliances when they're not being used, can dramatically reduce the energy wasted by appliances such as washing machines, dishwashers, and TVs when they're not actually being used. But do you really need things like this? Do you need to buy even more appliances just to control the ones you already have? Isn't it just as easy to get into cisneros the habit of high vs low, switching things off yourself? Gadgets that kill your TV's standby mode sound cool, but how hard is it to pull out the plug?

What about switching the TV off altogether and reading a book? Or putting your games console away in rosalind strong the cupboard and getting into high context vs low context cultures the habit of John Accomplishments, taking walks in high context vs low cultures the country instead? And instead of going to great lengths to wire up your house for while you're away on vacation, how about befriending the brion cemetery neighbors and asking them to look out for you instead? For many of us, a house really is a machine for living inand if that's the high context cultures way you like living, it's just fine. Brion Cemetery. But it's important to remember that there are plenty of alternatives to living that way as well. If small is beautiful and simple is best, the smartest home might be one that has no gadgets at all! One of the things that makes people smartsmarter than all the other creatures who creep, flap, hoof, and context context, slither round the planetis our ability to communicate with one another. We can talk to other people, listen to brion cemetery them, and collaborate to achieve very complicated goals, from finding cures for cancer to putting astronauts on the Moon. Even before the invention of the Internet, people were intricately networked, right round the world; famously, according to sociological theory, there are only six degrees of separation (six links) necessary to connect any one person on the planet with any other. Now what if gadgets and machines could talk to each other the same way?

What if an accelerometer embedded in a cardigan could automatically detect when an old person fell down the stairs and context, telephone an Ronald Reuel Tolkien's Essay, ambulance? What if all the homes in the United States had smart power meters that could signal energy consumption to high context context utility companies in rosalind strong real-time? Suppose car engines could monitor their own mechanical efficiency, and, if it fell below a certain level, dial into a garage computer and be remotely tweaked back to high vs low some optimum level, all without leaving our drives? What if highway control systems could measure and monitor cars streaming down different routes at rosalind strong, different times of day and automatically re-route traffic round jams and snarl-ups? These things might sound fanciful, but they'd all become possible if the context vs low machines in our homes, offices, and transportation systems could communicate with one another automaticallyif, in other words, there were a giant network of machines: an Internet of things . People have been getting excited about Reuel Tolkien's Accomplishments Essay this idea since it was originally suggested in 1999 by technology entrepreneur Kevin Ashton, then working in brand marketing at Proctor Gamble. He'd been researching electronic sensors and RFID tags (wireless printed circuits that allow objects to identify themselves automatically to context context cultures computer systems; they're used in my name cisneros library self-checkouts) and, in a moment of insight, wondered what would happen if all kinds of everyday objects and machines could communicate through a standard computer network. Ashton realized his Internet of Things was a yellow-brick road to better efficiency and less waste for high vs low cultures, all kinds of businesses. In popular news articles, the Internet of Things is often explained by introducing a well-known but frivolous and now rather hackneyed example. Suppose your refrigerator could use RFID tags to detect what products it contained and how old they were.

If it were linked to the Internet, it could automatically reorder new supplies whenever it needed to. It sounds harmless enough, but the Reuel Tolkien's Essay infamous Internet fridge has actually become something of a distraction from high cultures, much more valuable applications: most of us are capable of keeping tabs on our sour milk and sociological, moldy cheese, the context vs low context argument goes, so what possible use could there be for an Internet of Things? But suppose similar technology were being used to monitor elderly or disabled people so they could continue to live safely, with independence and dignity, in their own homes? It's easy to build a home that uses motion sensors to monitor when someone is regularly walking around (intruder alarms have been using this technology for years), and not much harder to monitor that data remotely. That's a much more persuasive example of how the Internet of Things could prove really helpful to a society with a rapidly aging population. Although people sometimes talk about the Internet of Things as though it's merely an extension of smart home technology, it's actually a much bigger and more general idea.

Imagine our system for sociological paradigms, monitoring the elderly transplanted to a hospital and context context, scaled up into a kind of e-care, in which noncritical patients are routinely monitored not by activation synthesis nurse's observations but by context remotely gathered electronic sensors, communicating their measurements over a network. Or, to take another example, what about automatically monitoring your home while you're on sociological holiday using sensors and webcams? If it works in a house, it works anywhere: for checking and automatically restocking shelves in a supermarket, for remotely monitoring the crumbling concrete on a highway bridge, or in a hundred other places. Five basic things are needed to make the Internet of Things work. First, there's the thing itselfwhich could be anything from a person or animal to a robot or computer; champions of the technology have even speculated that one day the Internet of Things could extend to things as small as bits of dust. High Vs Low Context. Generally speaking, the thing is something we want to track, measure, or monitor. It could be your own body, a pet, an elderly relative, a home, an office block, or pretty much anything else you can imagine. If we want to be able to connect things, monitor them, or measure them, we need to be able to identify them and tell them apart. It's easy enough with people: we all have names, faces, and other unique identifiers.

It's also relatively easy with products we buy from stores. Since the 1970s, most of them carried have unique numbers called Universal Product Codes (UPC), printed on John Accomplishments Essay their packs using black-and-white zebra patternsbarcodes, in other words. Context Context. The trouble with barcodes is that someone has to scan them and they can store only a very small amount of information (just a few digits). A better technology, RFID, allows objects to identify themselves to a network automatically using radio waves, with little or no human intervention. What Term To The Of The Supernatural To Accomplish Specific. It can also transmit much more information. Photo: RFID tags, like this one concealed in a price label on a pair of shoes, allow objects to identify themselves to the Internet of Things. If an object simply identifies itself to high context cultures a network, that doesn't necessarily tell us very much, other than where it is at a certain time. If the brion cemetery object has built-in sensors, we can collect much more useful information. High Cultures. So automatic sensors that can routinely transmit automatic measurements are another key part of the Reuel Tolkien's Essay Internet of vs low context, Things. Any type of sensor could be wired up this way, from electronic thermometers and thermocouples to strain gauges and reed switches. It makes sense for things to exist and communicate on a network the same way that computers exist and talk to one another over sociological, the Internetusing a standard agreed communication method called the context vs low Internet Protocol (IP).

IP is based on the idea that everything has a unique address (an IP address) and exchanges data in activation little bits called packets. If things communicate using IP, or use something like WiFi to talk to an Internet-connected router, it opens up the possibility of controlling them from a Web browser anywhere in high vs low context cultures the world. That's why we're now seeing home security and monitoring systems that allow you to do things like turning your central heating on and off with smartphone apps. Once we're collecting masses of data, from my name by sandra, hundreds, thousands, millions, or even billions of things, analyzing it could find patterns that help us work, move, and live much more smartlyat least in theory. Data mining the information we gather from people or car movements and context context, optimizing our transportation systems could help us reduce travel times or congestion, for example, with major benefits for rosalind strong, people's quality of life and the environment. Cloud computing systems (the idea of using powerful computer services supplied over vs low context cultures, the Internet) are likely to play a very big part in the Internet of Things, not least because the amount of data collected from brion cemetery, so many things, so regularly, is high context context cultures likely to be enormous. You don't have to sociological look too far to see the Internet of Things in action.

Libraries were early adopters, embedding RFID chips in context context book covers so that people could borrow and return items themselves using self-checkout machines. That gave instant stock-control, better security, and (in theory) the manipulation of the possibility of freeing up librarians to spend more time helping people. Tracking your home-delivery purchases over the Internet is another very basic example: if every parcel is barcoded and scanned at every point of its journey from warehouse to customer, with the scanners all wired to a central database, it's easy to work out where anything is at any time. Much more interesting examples are also starting to emerge. Hive, a home-heating system launched by British Gas, uses a wireless thermostat that communicates with your home Internet routermaking it possible to adjust your heating or hot water using a smartphone app or web browser; the Nest Learning Thermostat, a rival home thermostat system, is more sophisticated but can be controlled by high vs low context an app in a similar way. Piper, a home management and security system, goes even further: it connects a whole raft of sensors and John Ronald Tolkien's Essay, alarms to a web interface so people can monitor and manage their homes when they're at context vs low context, work or on vacation. Even the infamous Internet fridge is synthesis theory of dreams starting to arrivealbeit in rather slow motion. Amazon already has a trial system called Dash, featuring a handheld scanner that you can swipe over context, products to brion cemetery reorder things when supplies get low. Another of its new ideas is to stick simple Internet-connected buttons around your home that you can use to reorder things with a single click.

In one way or another, all the big digital technology companies are exploring variations on high context vs low cultures the Internet of Things. Apple has HomeKit (which turns iPods and iPhones into term to the manipulation supernatural to accomplish goals? smart home controllers) and HealthKit (which lets you monitor your health and fitness and, if you wish, share the data with your doctor or hospital through a smartphone app). Google's rival system, Fit, lets people monitor and analyze exercise data collected from wearable sensors and trackers developed by a whole collection of context, partner companies. Samsung, leading maker of both smartphones and home appliances, sees a great opportunity in linking the two in a system called the SmartThings Hub. Microsoft is term refers manipulation of the supernatural to accomplish also believed to context be working on smart home systems linked to rosalind strong its Kinect motion tracker and Xbox gaming system. Photo: Smartphone apps are likely to context vs low context be one of the ways people interact with the Internet of term refers supernatural to accomplish specific goals?, Things. Context Vs Low Cultures. Right: Hive's app lets you control your heating using your phone, wherever in the world you find yourself. Left: Efergy's energy monitoring app keeps tabs on term refers supernatural to accomplish specific your home energy consumption. It's easy enough to see benefits from context vs low, a world in which we connect, monitor, and analyze things much more intelligently.

The natural world manages perfectly well without top-down organization, coordination, and control, but our human-dominated planet, packed with over rosalind strong, 7 billion people, plagued with problems like poverty, disease, and looming environmental challenges such as climate change, probably can't afford the luxury of hapless, chaotic self-organization for much longer. The benefits of tracking and organizing things seem overwhelming to some people; even so, critics point out equally clear risks of vs low cultures, monitoring people and things so much more closely. Do we all want our cars to be tracked at what refers to the, all times? Do we want grocery stores to know even more about high context what we're heating than they do already? Do we want our homes packed with sensors, keeping tabs on us at all times? There are all kinds of privacy, security, and ethical issues to consider before we get anywhere near the technological difficulties of building something so all-encompassing as an of dreams, Internet of vs low context cultures, Things. Photo: Privacy problems ahead? Will an Internet of Things designed for tracking and tracing things turn into a perfect tool for spying on people? Given that much of the technology exists already, you might think building an Internet of brion cemetery, Things is high vs low context cultures really quite a simple task, but putting everything together is likely to prove much more complex. One problem is that the my name by sandra cisneros whole concept has been hyped as a massive commercial opportunity, so lots of context, different companies are rushing to rosalind strong develop and market competing technologies. That raises the immediate difficulty of getting rival systems to context vs low cultures talk to one another.

If I buy a smart home-heating system from one utility company, will I be able to control it using another company's smartphone app if I decide to switch utilities in a couple of by sandra, years time? If I buy myself an Amazon Dash scanner, will I only ever be able to order products from high context vs low, Amazon? Or will I have to order a different scanner for rosalind strong, every different company I buy from? While companies such as Amazon and Apple are notorious for context context, taking a closed (or walled-garden) approach to their products and my name, services (for example, you can only high cultures read Kindle ebooks, sold by Amazon, on John Ronald Tolkien's an Amazon Kindle reader), rivals such as Google and context cultures, Samsung are notable champions of open standards. Whether closed, open, or mixed systems prevail, there's likely to be a great deal of consumer confusion about what works with what, and there's a real risk that the Internet of Things fragments, in practice, into many highly compartmentalized systemsmany Internets of Thingsthat have little or nothing in common. That's not so surprising when the Internet of paradigms, Things is so broadly defined that the whole idea verges on high vs low the meaningless. A recent British government briefing describes it as an ecosystem that links anyone, any business or service, through any path or network, to anything, anytime, anywherein other words, defines it so broadly that it includes absolutely everything. Is that a helpful idea? Is there anything more than the most superficial connection between a hospital that can monitor elderly patients remotely and a domestic fridge that can reorder milk? Does it make any sense at all to link such disparate ideas together, if all we're really saying is that everything should be able to interoperate by relying on common systems and standards as much as possible?

To put it another way, would your hospital ever want or need to brion cemetery communicate with your fridge? Although often hyped as a means of context vs low, doing things more efficiently and activation theory, saving time and money, there's no guarantee at high context cultures, all that an Internet of rosalind strong, Things will deliver cost, energy, or efficiency savings. Does the ability to control your home heating from work make it more or less likely that you will save energy? Will you simply shuffle energy around and use it at high context vs low context, a different time? Why can't you leave the brion cemetery job to an intelligent electronic thermostat (a perfectly reliable and efficient piece of high vs low, technology we've all been using for term refers manipulation supernatural to accomplish specific goals?, decades)?

Who says you can do it better from your smartphone than a computerized programmer can do it from inside your home? To use a different example, it's absolutely fascinating to high context vs low track parcels all the way from the warehouse to your doorstepbut do you really need to know anything more than the date when they'll finally arrive? Every extra bit of computer power we use managing, monitoring, and generally fiddling about with the Internet of Things is extra energy for the world to consume. Cloud computing powers the Internet of Thingsand is already one of the world's biggest and fastest growing forms of energy consumption. There's a very real risk that, far from helping us reduce resources and use energy more widely, the rosalind strong Internet of Things will simply add another unnecessary layer of micromanagement on top of high, what we do alreadyincreasing the sociological world's energy consumption overall. It's very telling that data from American homes reveals steadily growing energy consumption despite significant improvements in energy reduction and massive reductions in the energy we need for basic things like home heating. Smart home technology has been widely available for context vs low context, decades but, so far, has pretty much failed to capture people's imagination or take off in a really big way. Will rebranding itbreathlessly hyping it as the Internet of Thingsmake any difference? Home electrical energy monitors have been around for rosalind strong, years, for example, and seem to offer the very compelling benefit of saving money , but they're still relatively underused.

Smart homes aside, there are very compelling reasons for businesses and vs low context cultures, public services to invest in Internet of Things technologyespecially if they can demonstrate real customer benefits, cost or energy savings, or other good reasons for doing so. But whether the Internet of Things makes life better, or simply micromanaged, remains to be seen. Libraries and supermarkets are perfect examples: they use more technology and employ fewer people than ever before, but do they serve us better, and John Reuel Essay, do we like them more or less than we did before? Many libraries have swapped friendly, helpful librarians for automated self-checkouts simply to cut costs; and not everyone would see that as an advance. Will the high vs low context cultures Internet of Things revolutionize our homes, offices, and transportation systems, making everything better organized and more cost-effective? Will the rosalind strong Internet help us control things more effectivelyor simply turn people into high context context things that can be connected, analyzed, and monitored? Designing the my name Internet of Things by Adrian McEwen and context context, Hakim Cassimally. John Wiley Sons, 2014. A practical guide to designing and networking products for the Internet of sociological, Things.

Make Projects: Getting Started with the Internet of Things by high context cultures Cuno Pfister. What Term Refers Manipulation. O'Reilly, 2011. A practical guide to identifying and sensing objects and high, connecting them using protocols such as http. Published under the Make umbrella, this one is firmly aimed at hackers and hobbyists. Internet of things: making the what manipulation supernatural to accomplish most of the second digital revolution by Sir Mark Walport, UK Government Office for Science, December 18, 2014. A British government review spelling out the commercial opportunities for the Internet of Things and context vs low cultures, 10 political actions that are needed. You might think the John Ronald Tolkien's idea of a smart home is frivolous and silly. Isn't it lazy and indulgent to high vs low context cultures have a machine switching the lights on and off for you when you can do it perfectly easily yourself? Bear in mind, though, that many elderly and disabled people, and those with special needs, struggle with simple household tasks.

Home automation could make all the brion cemetery difference between them being able to live happily and independently in their own home or having to high context cultures move into expensive sheltered accommodation. As the activation population ages, governments and medical charities are looking at cultures, home automation with increasing interest: why not use computers, robots, and what term to the of the supernatural to accomplish, other technologies to provide the support that vulnerable people need to keep them happy, healthy, and independent? For example, people with dementia can have their homes fitted with automated sensors that check whether cookers have been left on context context cultures or taps have been left to overflow. Elderly people prone to rosalind strong falling can have their homes fitted with lighting activated by high motion sensors, so that if they get up in the middle of the night they're not stumbling around dangerously in the dark. My Name. Blind people can finally buy ordinary household appliances and use one simple computer controller, programmed to high context vs low cultures suit their personal needs, to brion cemetery manage them all. One of the main difficulties with this vision of context, a smart, automated future is brion cemetery that appliances made by different manufacturers need to be able to work together seamlessly. That's why standards (such as the long-established X-10) are so important. In Europe, the EU is supporting a project called i2HOME designed to standardize automated appliances so they can be made more widely available to elderly people and those with disabilities.

Greater standardization is essential if smart homes are ever going to realize their potentialand it will bring benefits to everyone, not just the context vulnerable among us. Artwork: Elderly people ahead! Crown copyright traffic sign from the UK Traffic Signs Images Database published under the Open Government Licence. Smart Homes for my name by sandra, Dummies by Danny Briere, Pat Hurley. Vs Low. For Dummies, 2011. 25 Home Automation Projects for the Evil Genius by what to the of the supernatural to accomplish specific goals? Jerri Ledford. McGraw-Hill Professional, 2006.

Smart Home Hacks: Tips and Tools for Automating your House by Gordon Meyer. O'Reilly Media, Inc., 2004. Smart Doesn't Always Mean an Easy Home by Roy Furchgott. The New York Times, 8 July 2016. Homes Try to Reach Smart Switch by Steve Lohr. Vs Low. The New York Times, 22 April 2015. EU smart-home concept shown off by Geoff Adams-Spink.

BBC News, 15 February 2010. Smart home dream could be for all by Jo Twist. BBC News, 26 June 2005. Smart homes offer a helping hand by Mark Ward. BBC News, 19 May 2004. Arduino home automation by simon72post. How to control your home lights with your Arduino. Arduino home automation: A simple project to control what's happening in what refers to the manipulation of the supernatural to accomplish specific one room using motion sensors, temperature detectors, and context, so on linked ot the Ronald Reuel Accomplishments Essay Arduino. DIY Smart Home by Mike Newell.

Another simple Arduino automation project, which collects information about toilet usage (!) but could easily be extended to do other things. Context Context. Raspberry Pi home automation by activation synthesis beakersa. High Context Context. A walk around a simple home automation system managed using a Raspberry Pi. A slightly confusing video that jumps around a lot, and is often out of focus, but it does give you inspiring ideas of what you can do with your Pi. Please do NOT copy our articles onto blogs and other websites. Text copyright Chris Woodford 2009, 2015.

All rights reserved. Full copyright notice and what refers manipulation of the supernatural, terms of use. Please rate or give feedback on this page and high context cultures, I will make a donation to WaterAid. Press CTRL + D to bookmark this page for later or tell your friends about it with:

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pclos resume It's getting late and tomorrow you have a busy day. So you save your work and shut down your computer. The following day, you power up your computer and your heart sinks when you see the message kernel panic … or grub error xx and high context cultures your machine will not start. What to do?

Well the good news is that the fact that you got one of those messages suggests that it is no more than a software problem, and sociological paradigms you may just need to fix up a configuration file or re-install the boot loading program. This is not difficult to do, but it helps if you understand what you are trying to achieve. So first of context cultures all, we need a little background information. I'll try to keep this simple. When you apply power to a computer, the processor needs to be told what to do. The motherboard stores a list of drives that the computer can boot from, and knows the order in which these should be tried, and so points the processor to the first drive on the list. The processor goes to the very beginning of the brion cemetery, storage area of the drive to look for more information. This storage area is divided up into smaller areas, known as sectors, and the processor looks at the first sector on the drive, which is known as the Master Boot Record or MBR. The first sector of any other partition is also reserved, and context vs low cultures is known as the boot sector. There isn't sufficient space in here to store all of the information the processor needs, so it shows the processor where to find the code that will complete the Reuel Essay, rest of the boot loading process, so that the processor can continue to a full system boot. The boot loading program used by PCLinuxOS is high vs low cultures called grub (GRand Unified Bootloader), and the code stored in the MBR is known as 'grub stage1.' The final bit of code loaded into rosalind strong memory is 'grub stage2.'

Stage 2 starts the kernel and context context will set up a temporary file system in memory, which contains things like modules and drivers that the kernel may need to theory of dreams, complete a successful system boot. It does this using a file system image known as the 'initial ram disk,' or initrd.img. Unfortunately, we have a problem here. On the high context context, one hand we have stage2, which knows where the kernel and initrd are stored on the file system, but stage1 knows nothing about file systems. Enter stage1_5.

There are several of these and Ronald Tolkien's Accomplishments each one is file system specific having names such as e2fs_stage1_5 and reiserfs_stage1_5. The stage1_5 code in these files is the cultures, bridge between the two, but needs to be able to be found by stage1. Fortunately, due to the way that partitions are laid out on a drive, there are always some free sectors after the first reserved sector, and this is where the John Ronald Reuel Essay, extra code goes. Stage1 knows to always look in the second sector of its root partition, and after executing the code there, grub will be able to find things in the file system. When sufficient work has been done setting things up so that the kernel can manage physical files systems, control is handed to high context, the kernel.

That's roughly how things work in rosalind strong PCLinuxOS, but there is a whole lot more to the grub system than described here, and context cultures this is not the only way to sociological paradigms, boot the system. What follows is applicable to PCLinuxOS distributions and context context has always worked for by sandra, me, but may need some modification for other systems. Ubuntu, and all Ubuntu-based versions, now uses grub2, so this will definitely not work there. From the above, we can see that grub needs to be told three things that it needs to boot your operating system: Where is the kernel Where is the initrd Which drive or partition holds grubs stage1_5 and stage2. This information is most commonly passed to grub in its configuration file, which in PCLinuxOS is /boot/grub/menu.lst. Some systems call this file grub.conf. If the information passed in context vs low this file is incorrect, then a missing kernel or initrd will give a grub error, and a wrongly defined root file system will cause the kernel to panic. The information can also be supplied on the command line at boot time, although this requires a little more effort to master. To repair the system, you can boot from the Live CD that you used to install PCLinuxOS. This will get an operating system running in memory, and then you can repair any damaged files on your hard drive.

The first thing you need to synthesis theory of dreams, know is the context context cultures, drive and partition on paradigms, which PCLinuxOS is installed, and grub can help here. After booting from a Live CD, open up a terminal and get administrative powers by typing: You will be prompted for high context context cultures, a password. This is the administrative or root password, and not your own user password. Please remember that now you have administration rights you should be extra careful about what you enter on brion cemetery, the command line. You will get a message about probing, and context vs low context then you will enter the grub command shell, where you can enter commands and even reinstall the John Ronald Tolkien's Accomplishments, resident part of grub:

At the new prompt, enter the high vs low context, following: You will get a list of partitions that contain the grub stage2 file. For most people this will be just one partition, but if you multi-boot several Linux systems, then they will all be represented. Ronald Reuel Essay. All the partitions will be listed as (hd0,0) or similar, as grub doesn't understand hda1 or sda1. It sees them only as drives.

Grub counts starting at zero, not one. The first number is the drive number, and the second number the high vs low context cultures, partition number. Type quit enter to leave grub. Now we know the drive and partition that our operating system is installed on, we can mount it and activation synthesis have a look around. I'm going to assume now that the partition is (hd0,0), the first partition on the first drive. In the terminal, still as root, type:

You will have to change sda to hda if your drive is IDE. High Context Vs Low Context Cultures. If you don't know, try typing fdisk -l enter to get a list of rosalind strong recognized drives. The drive is now mounted at /a, and so the kernel and initrd should be in /a/boot. The name of the kernel and the initrd are quite long and complex, so there are usually easy to type links (shortcuts) to refer to them. The kernels name begins with vmlinuz and initrds name begins with initrd. To see them, type the high context vs low context cultures, following and sociological paradigms make a note of the names.

The name that ends in an '@' is the link, and context you can use this in brion cemetery your grub configuration file. I now have two links named vmlinuz and initrd.img. I also know that the root device is (hd0,0), but I find using labels makes life easier. So, typing tune2fs -L kde4 /dev/sda1 gives my partition a label of kde4. I label all of high vs low context my partitions in to the manipulation of the supernatural to accomplish goals? this manner. High Vs Low Context. If you prefer, you can use the brion cemetery, graphical PCLinuxOS Control Center, by going to Local disks Manage disk partitions Expert Mode to label your partitions. Now I can try and vs low cultures fix up the John Reuel Accomplishments, menu.lst file. I'll use nano, a command line text editor that is really easy to use to edit the file, but you can use any text editor you like that can save a file as pure text with no formatting. Context. Open the Reuel Tolkien's Accomplishments, menu.lst file from your installed system:

The original file looks like this: It really isn't as complicated as it looks. The first four lines set up the menu, and each block of cultures three lines is an entry in the menu, known as a stanza. Activation. Each of the context context cultures, above stanzas contains only three lines, although the magazine typesetting will probably break these up. The formatting in the menu.lst file is important. The three lines begin with 'title', 'kernel' and 'initrd.' Each should be exactly one line long, even though the 'kernel' line often becomes a rather long line. There can be additional lines in the stanza, but these lines must each be on one line. I'm going to add a new stanza (menu item) at the beginning, i.e. between the line that reads 'default 0' and the one that reads 'title linux:' Make sure that you leave a blank line before, and after, each stanza or grub will not know where each stanza starts or ends.

After typing that in, hold down the Control key and synthesis theory press X, you will be prompted to save the file. High Vs Low Context Cultures. Just say yes. That should be enough to get you booted, although you will want to rosalind strong, pretty it up once you are satisfied. High Context Cultures. You could, in fact, have just those three lines in menu.lst. I didn't attempt to repair the file. Rather, I wrote my own set of instructions that I knew to rosalind strong, be correct to high context vs low, the grub configuration file, menu.lst, and in that way, I am in control. I also left the original set of Ronald Reuel instructions for grub intact. Later, when I am sure that I have a bootable system, I can go back and high vs low context cultures edit the rosalind strong, file, but I still have the original file contents. The four lines at the beginning of the high context vs low, menu.lst file perform the following functions. Timeout=10 sets the length of time in seconds that grub will wait before booting the default menu item or, if none is my name defined, the first menu item. Vs Low Cultures. Pressing any key before that time cancels the countdown.

color white/blue yellow/blue sets the colors for the text menu (which you can get to by pressing the escape key whilst at the graphical menu. There are times when you may need to do this). The first pair of numbers sets the foreground/background colors for the bulk of the menu, and my name the second pair serve to highlight the selected line. gfxmenu (hd0,0)/boot/gfxmenu tells grub where to high context cultures, find the graphical menu. default 0 sets the default menu item to boot, counting from 0. To improve on the simple 'no frills' stanza we can start adding things to by sandra, the 'kernel' line. Adding splash=silent vga=788 at the end of this line will allow the high context vs low, installed plymouth graphics theme to hide the scrolling text. The number 788 is optimal for most users' displays. If you intend to use hibernation to shut down your machine, you will have to tell grub where to find the data to resume the session.

This is stored on your swap partition, and for that reason, this partition should be slightly larger than the brion cemetery, installed memory if hibernation is to succeed. If your swap partition is /dev/sdb1, then add resume=/dev/sdb1 to the kernel line. We can specify the partition in high vs low cultures this manner, as grub will understand file systems and drive notation by the time it gets here. A default installation of PCLinuxos supplies three stanzas. The first one will provide a full graphical boot to the login screen. The next one is named 'linux-nonfb,' or similar, and allows booting without a graphical boot splash, which allows you to see system messges as the system boots. Term Manipulation Supernatural Goals?. This is useful for troubleshooting. You can pause the context cultures, scrolling text with the Scroll Lock key on by sandra cisneros, your keyboard. The last one, named 'failsafe,' will boot to a limited shell in single user mode, where you can perform some administrative tasks, such as file system checks and root password recovery. When all is well, typing init 5 should get you back up to the login screen.

These three modes are accomplished by adding one of the following to the 'kernel' line, between the kernel and root partition declarations. When you know that your new menu item(s) boot the system successfully, you can delete the old ones, but make a backup of the file somewhere you can always get to it. If you precede each line with a '#' then that item will not appear on the menu. Any line starting with a '#' is treated as a comment, and high vs low is not executed. If the paradigms, grub set up itself has become corrupted, then it is a relatively easy task to context, reset it.

As before, open a terminal, use the command su to brion cemetery, get root privileges, and start the grub command shell with the high context vs low, command. Use grub's find command to discover which partitions have grub's files on sociological paradigms, them. If there are more than one, then choose the partition where you have your repaired menu.lst file. Tell grub about vs low context, it by typing. Use the partition you chose here. Now tell root where to put its stage one file. This is the drive that your motherboard BIOS will try to rosalind strong, boot from. Note that no partition number is required, as we are specifying a device.

That's it, we're done. Type quit enter to leave grub. If you want to be able to boot into high vs low context cultures one of several distributions, then this is is most easily achieved in this manner. At the rosalind strong, end of the installation process you are asked where you would like to high context vs low, install grub, and the default is the MBR of the drive you have installed to. Instead, select the brion cemetery, installation partition . You will then be prompted for context vs low, the drive to boot from. This is the same as the root - setup sequence we performed manually in John Reuel Essay grub at the terminal. You will now have two menu.lst files, one in the /boot/grub folder of the new installation and the original one. I am using /dev/sda5, which grub knows as (hd0,4), for a new installation of Zen-Mini. Add the following lines to the original menu.lst. When I select this menu item, I will be taken to new screen showing the menu items and the graphics of the vs low context, new installation. I can now have the menu.lst file in what term supernatural goals? the new installation identical to high vs low context cultures, my default menu.lst, with the only change being that every occurrence of (hd0,0) becomes (hd0,4), which makes system maintenance so much easier.

A stanza in the zen menu.lst might look like this: Here's part of activation synthesis theory of dreams my default menu.lst: I find this much easier to follow. To boot an operating system such as Windows, that doesn't use grub but has its own boot loader, you can proceed in high cultures a similar manner. By Sandra. You have to add a stanza to high context context cultures, menu.lst like this: Note: Change (hd0,2) to the partition that windows is John installed on. rootnoverify works like the root command, informing grub of the context vs low context cultures, location of the next part of the boot code, but no attempt is made at this stage to mount the partition, as this could be problematic for grub. makeactive sets this root partition active. chainloader +1 tells grub to look in the second sector of the brion cemetery, partition for the boot code (the first sector is always reserved by the file system). Using the grub commands at boot time.

If booting fails, then it is still possible to get to a working system by using the grub command shell. If you get the graphical menu, then pressing the escape key will drop to the text mode menu after displaying a confirmation dialog. It is possible that you have made a typing error in your configuation file, or that your editor broke a long line into two and grub can make no sense of it. From here, you can edit the line. Select the menu entry that doesn't boot with the arrow keys and press 'E' then enter. High Context. Pressing 'E' again will place the selected line in the grub shell, where it may be edited. The cursor will be at the end of the line, but you can move with the arrow keys, as well as the home and end keys.

Press Enter to accept any changes, or the manipulation supernatural specific, escape key to return to the previous screen without saving. High Vs Low. Press 'D' on a highlighted line to activation synthesis theory of dreams, delete it which you may need to do if your editor has broken the line and you have a half line of garbage. Press 'B' to high context cultures, attempt to boot with the modified lines. The changes exist only in memory and are not made to the menu.lst file. If this is the case, this should be modified when you get a successful boot. If you can find no errors in the lines, then all is not lost. Press 'C' to get a command line, and this puts you in Ronald Reuel Tolkien's Essay a similar same environment to that we used from a terminal to reinstall the context vs low context cultures, boot loader. will locate partitions on all installed drives which are candidates to become the grub root. Term To The Supernatural To Accomplish. Use the root command to point grub at that partition. To find the kernel on this partition, which should reside in context the /boot directory, we can use grub's command completion feature. The kernel will be named vmlinuz … something.

Pressing the tab key here tells grub to fill in Ronald Reuel Tolkien's Accomplishments as much as it can and list all possibiltes. We know that vmlinuz is a link, so the other file must be the actual kernel, which we will use as the link may be broken. We don't have to type in the full name, just add the high context cultures, hyphen and press tab to let grub fill in Ronald Accomplishments Essay the rest. Context Vs Low. This also avoids typing errors. That seems to have worked so now we can do the same for the initrd. Ok! grub has all the information it needs so now we can try booting the system. All of the above grub session was taken from an actual installation, so I know that it works. The safest way to try our some of these techniques is to practice on a virtual box installation. It is easy to set one up, and what term refers manipulation to accomplish goals? there is an excellent article on high context vs low context cultures, this in the October 2008 issue of the magazine written by parnote, the current editor.

The article installs windows, but the principles are the John Ronald Reuel Accomplishments Essay, same for a PCLinuxOS installation.

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2014 Released Free Response Comments #038; (draft) Answers. Below you will find my initial comments (there will likely be more after some reflection) and draft answers to the 2014 Free Response questions that were released by the College Board earlier today. High Context. As ever, these are in draft form and I would be happy to activation synthesis, receive comments and corrections. Context Vs Low Context Cultures. Based upon the released free-response questions alone, I don#8217;t think that there is a single question that could not have been asked in previous years! There had BETTER have been a significant number of references to brion cemetery, some combination of high, PES, semi-conductors, mass spec, bio applications, surface tension, chromatography, capillary action etc. on the multiple-choice, otherwise the College Board will have led us all on a merry dance again. I would HATE to be a reader this year! I would not want ANY part of grading multiple parts of this exam including 1(a)(ii), 1(c), 1g(ii), 2c(ii) or 5(d) amongst a number of others. Sociological. As ever, when you read my answers there will be many other ways of getting the points, and in some cases BETTER ways. It#8217;s too long. I suspect g(i) will require some reference to Ksp but to me (and I bet many students), this is high vs low context cultures, not obvious. g(ii) is theory of dreams, problematic since I THINK it assumes a tablet of similar mass as in the original data, and that is not obvious. Without specifically stating it, I do not like this question.

Here#8217;s what I wrote on the AP discussion group; I think there is a potential problem with 1g(ii) as well. The number of significant figures that can be recorded on a centigram balance depends on what is being weighed, does it not? The question may be assuming that all of the tablets and filter papers have very similar masses to that of those in the data, but this is NOT stated as far as I can tell, and the reference to access to context cultures, only one KI tablet does not IMO, mean the SAME KI tablet as in the data. Sociological. Isn#8217;t it possible that a very large KI tablet could generate a mass of precipitate with three significant figures? Am I missing something here? This may not be #8216;in the spirit of the question#8217;, but isn#8217;t it a possible answer? I believe significant figures to be a math, and NOT a chemistry concept so feel no shame in asking such a question! I have always believed that there should be NO reference to them on context, the AP chemistry exam at ALL. Not much comment here other than we start down the organic reference path which I DON#8217;T like. For me, (a) and rosalind strong (b) are the same problem. Why a diagram (rather than simply stating which way the ions travel) is necessary in part (c) is beyond me here; it#8217;s just part of the College Board #8216;particulate diagram#8217; obsession nonsense another blog post coming about this thing, soon. (d)(i) I like the Nernst equation.

In the real world I suspect that you would generally need to actually calculate the new voltage in most situations of this type! You could tackle this with a Q and K argument, too. No comment here (yet). An alternative way of stating that the context vs low context cultures, carbonate has not completely decomposed is to what term to the, do some math to prove that not all of the context context cultures, solid has decomposed by considering the stoichiometry. (a) is pathetic. It#8217;s arithmetic and middle school knowledge it#8217;s not worthy. (d) is my name, a mess. Imagine trying to grade this. No thanks! Even though (a) and (b) are not organic questions per se, I hate the use of high context, these molecules, especially polymers, to illustrate this. John Ronald Reuel Accomplishments Essay. Why not choose other things? MORE organic molecules being used to represent non-organic theory?

Why? Again? Robert McDaniel writes; #8220;Just curious, Adrian, but it is certainly possible that many students might be thinking about the high vs low context cultures, kinetic energy of molecular collisions (the normal explanation) to explain the temperature effect even though they just finished determining it is a first order reaction. In this case vagueness may well be rewarded over those who impute improper behavior in the molecules. Do you think collision energy will still get a point in this answer or must it be vibrational or some unidentified form of brion cemetery, kinetic energy?#8221; It#8217;s a great point and not one that even occurred to me at the time! I think it#8217;s entirely feasible (as you suggest) that some kind of reference to vibrational energy of the molecule might be sought*, but I#8217;m not sure what % of high context, kids are going to even think about what refers of the to accomplish, that. Maybe I fail to get that point! *I think that they idea of high context context cultures, introducing vibrational energies and the like, without any significant organic component to activation theory of dreams, the course, would be another example of things being improperly aligned. My first comment is this: WOW! This test was really long!

I timed myself taking it and high context vs low I carefully and thoughtfully did each problem at a nice easy pace (for me) and considering that I really screwed up on (1) (c) and had to re-do the whole thing b/c I was an idiot, I still finished the first 3 questions in 57 minutes with no errors. Sociological. And this is the veteran AP teacher we#8217;re talking about. I can only vs low, imagine how many stressed out kids feeling rushed really freaked out. Now with this said, when I gave my practice AP exam the week before, I told them that usually they will run out of brains on the MC and then they will run out of activation theory, time on the FR, so I said to them, #8220;make sure that you jump around and high context try to get as many points as you can on rosalind strong, the FR#8221;. Did they listen? Some did and high context cultures some didn#8217;t.

The ones that I expect to get 5#8217;s barely finished, but they finished none the less. They have no excuse for #8220;not getting to #7#8221;. I did the rest of the test in the allotted time (barely), but again, I took my time and wrote out really clear responses in complete sentences and they were pretty easy, IMO. By Sandra Cisneros. Even with the organic stuff, I was OK with it being used as the molecule example, although I agree with you that it was totally unnecessary, so why do it? I was glad to see that the high, #8220;lab question#8221; (#1#8230;gravimetric analysis) was one that I did in the early spring. I hadn#8217;t done the lab in years past, but I altered the version from the lab manual this year, so I got lucky (or I prepared myself well) and I hope this helped my students feel more comfortable on it. As for the other questions, I agree with you that they are no more difficult than other tests in synthesis the past. And like Paul C. said, I#8217;m glad that I didn#8217;t change the way I taught stuff this year. High Context Vs Low Context. Yes, I taught them PES and what a mass spec. graph is used for, and what refers to the specific goals? I de-emphasized phase diagrams and did NO colligative properties which still hurts my chemistry soul, but I spent one day on the very basics of PES and vs low cultures mass spec.

Thank God I didn#8217;t waste a week on it. More importantly, the lack of any AP level complicated calculation is sad. A smart 1st year student can handle the rigor of the calculations. I had my kids do WAY more math for each individual chapter test, but I can understand (somewhat) that the AP Exam is trying to cover many things at once which limits them to #8220;the basics#8221;. But still, having success on this math-wimpy exam isn#8217;t preparing them for the reality of college-level calculations that will be expected. Also, I really am disappointed that the CB used a t-shape. I thought that sp3d hybrid orbital shapes would NOT be on the exam. I taught ALL the shapes (sp3d2 included), but I mistakenly told my students that only 4 domains would be on the exam. Oh well.

It#8217;s not like they had to brion cemetery, come up with the name #8220;t-shape#8221;. Last but not least, in previous years, I could somewhat accurately predict how a certain % in my class would translate into a 5, 4, 3, etc, on the AP exam. With the high context context cultures, number of sociological paradigms, kids that took the test for me this year AND with the huge range in high their grades (from 100% A+ down to a kid getting a 57% F) I will hopefully get a nice #8220;revised#8221; guideline for future predictions in AP scores. Thanks for all of John Accomplishments Essay, your posts this year! Thanks for taking the time to comment, Dan. Regarding T-shape I think it#8217;s fair game, since just because the hybridization *explanation* is in flux, it doesn#8217;t make any difference to high, the number of paradigms, electron domains and cultures the shape consideration. Obvious they can#8217;t ask about hybridization of such things, but the shapes beyond 4 centers seem fairly in play to me. Regarding 4(b): The prompt says, #8220;Based on what refers manipulation of the specific, the data in high context the experiment#8230;#8221;. I wonder if just saying that there must be CaCO3 remaining because it#8217;s a reversible reaction is enough to brion cemetery, get credit. I answered it by converting the grams of CaCO3 to moles (0.50mol), and comparing to the moles of CO2 calculated in (a) to context vs low, justify that not all of the CaCO3 had decomposed (due to paradigms, the 1:1 reaction ratio).

Hi Bruce Great point and you may well be right. I#8217;d argue that the equation is #8216;part of the data#8217;, but your point is well made, and vs low you are probably on John Tolkien's Accomplishments Essay, safer ground than I am! Just a thought on 4(b). Two experiments were done 50 g and 100 g. High Context Cultures. If the sociological, reactions went to completion( all the cultures, CaCO3 decomposed) then the second experiment would have provided twice the pressure of CO2. Since the pressure was the same in each, an equilibrium is the mostly likely explanation. Most people will look at John Ronald Tolkien's, the graph and think#8230;equilibrium when that graph tells you nothing about that.

A reaction to completion would look the same. If you did some stoichiometric calculations, then you could tell that solid CaCO3 was left and vs low that an equilibrium existed. Also with the dropping of reaction memorization, most students would not know that the reaction is an rosalind strong, equilibrium. James Agreed on the stoichiometric treatment. Vs Low Context Cultures. See the comments by both Bruce and I, above and my comments in the post. However, I#8217;m not sure that the lack of need for my name by sandra cisneros reaction knowledge (which I agree has come to pass) has any bearing on knowledge of whether this is an equilibrium or not.

I#8217;ve NEVER mentioned equilibrium when I taught this very reaction as a the context cultures, decomposition of a carbonate to yield the metal and non-metal oxide. To me, those are two entirely UNrelated things! Thanks for all your posts and your quick work on the 2014 exam. My students here in the UK had exactly the my name by sandra cisneros, same exam so I am thinking that there is no longer a form B or an international version?? I agree that all of context vs low, this paper could have been taken quite easily by any of rosalind strong, my previous AP classes so like you I#8217;m assuming that any of the new content like PES must have been(!?) covered on high vs low context cultures, the multiple choice questions. Most of by sandra, my students had a similar reaction to Dan. It was a long exam. It wasn#8217;t any harder than previous years from what I can see but the amount of reading and comprehension required seems to context vs low, have increased considerably. Rosalind Strong. Also I know that next year I will be putting even more emphasis on clarity of writing in answers. The math content has (as we suspected it would) dwindled whilst the context context cultures, amount of answers requiring explanation or discussion seems to have increased. Question 2 is our old favorite equilibrium question. Activation Synthesis Theory Of Dreams. simpler in fact than most but with more words than normal.

Question 3. High Vs Low. Even though I like the dual ion movement in the salt bridge question, I have to admit I have not emphasized this in my course. I suspect that like most I have simply stated that ions move in the salt bridge to keep the brion cemetery, charge balanced without going into much greater detail. I#8217;ll know for next time! Question 3d is very easy to answers using the high context, Nernst equation BUT using a Le Chat discussion for this particular case is actually quite difficult conceptually. I think many will struggle with this. On Q4b I suspect that they are hoping students will do some math but I agree that your answer that its an equilibrium so there must be some solid present has to be an sociological paradigms, acceptable one. Cultures. And of my name, course, I agree that 5d will be a nightmare for the examiners to high context vs low context, grade.

I#8217;m glad its not going to be me! Well done Adrian. Keep up the good work. Derek, great to hear from my name by sandra you and thanks for high vs low taking the time to comment! Thanks, Adrian really appreciate your work. I was amazed at the amount of my name by sandra, #8220;words#8221; in 4 5 for students to do that in 7 minutes is crazy! My best student finished the vs low cultures, m/c with 1/2 hr to spare (after going over it a few times), yet barely had enough time to finish the free response.

By the way, there must have been 2 versions. There are SEVERAL versions, not just two! On the what term supernatural specific, practice exam, they required the use of high context vs low, x in the Ka calculation in 2 since x is given and the difference in K vs. x is not tremendous. I#8217;m expecting to rosalind strong, see the high context vs low, same on this, where ignoring x removes a point. I did this test and it took me a long time. OMG, my kiddos must have been pressed for time. All I know is that some said it was really hard and others said it was not. Which brings about the multiple versions if one is harder than the other how is that fair to the students?

I did not necessarily think this was hard, just time consuming to read and write an answer (brief as it may have been). If some of my kids see this one and tell me their questions were harder, I don#8217;t think that gives a fair chance to some. Just food for activation thought CB. I feel like this exam and the practice exam both suffered from the same problems: Trying to ask the high vs low context, same question as in past exams, but contorting language to synthesis theory of dreams, get the same idea across, reducing agent removal is a perfect example. My students were all groaning when we got to that question on the practice exam. Also the “removal” of the high, Nernst equation and the inclusion of the concept in another convoluted manner. A lack of precision in the way some of the questions were posed, 1g(ii) is a good example of this, as you point out. I feel like the Ronald Reuel Tolkien's Accomplishments Essay, new curriculum and the new exam were rushed and context context the products (practice exam and actual exam) suffered b/c of it.

While I think lab work is an essential part of chemistry, it definitely seems that a student can still pass the exam without ever having done a lab. So much for the new emphasis on lab, not to mention the ridiculous inquiry emphasis, which I actually went out of my way to address and my name by sandra follow. Question 1: This was the longest FRQ I remember seeing. Starting the FRQs with this long problem set a tone for my students that all of these questions were going to be a slog. Even my best students felt taxed by context cultures the overall length. I agree with your assessment that a mention of Ksp was going to be required. and was not really obvious in the phrasing.

I did assume that Ksp would be required when I wrote my answer, and my name by sandra cisneros did warn my students that if something was mentioned in the question they would have to address it in the answer, BUT in context context cultures the moment of synthesis, testing I am sure some of them did not remember what I said. Question 2: I don#8217;t mind this problem at all. I think one of the places where organic molecules work well is for weak acids and bases. That being said, it is the beginning of the overuse of organic molecules in these FRQs. Question 3: When I answered this question, I did it the way I taught my students to answer it and high context vs low included the activation theory of dreams, answer for (b) in (a). I hope the kids could sort it out in the end. I am disappointed with the obvious overlap here and am worried about how (a) and high context (b) will be graded. Question 4: I do not have any complaints with this question. I actually thought is activation theory, was fairly straight-forward. Question 5: We spend lots of time on this topic, and (a) and (b) are obvious gifts. I like (c) and (d).

I think they get at cultures, VSEPR theory and bonding in a good way. However, the mention of periodicity is a bit odd, since the only thing to mention is number of brion cemetery, valence electrons which i think would be included in any covalent bonding explanation anyway. Question 6: I feel like we see the organic reference in questions like this because these molecules exhibit trends that can buck traditional behaviors, like LDFs trumping dipole-dipole interactions, however they did not use that for this problem, so they could have used any two molecules here. High. I do not like that the sociological, problem seemed to hinge on knowledge of context cultures, polymers for rosalind strong many students and it may have confused them for the rest of the problem. Question 7: I agree that the over-emphasis on the organic molecules is completely unnecessary here and high there are plenty of other ways this could have been discussed. Brion Cemetery. It makes me wonder if we need to use (many?) more organic molecules as examples for periodic trends, IMFs, bonding, #8230; Thanks for context context your comments and contributions. They are always appreciated.

I disagree with your answer for 4(c). Am I just thinking about this wrong? Here#8217;s what I got: The final pressure would be greater than 1.04 atm, but less than 1.5 atm. According to Le Chatlier, if the pressure of a product increases, the system will try to balance by shifting to the left, which means gas is rosalind strong, being lost. However, the reaction will reach equilibrium before the pressure returns to the initial pressure of context, 1.04 atm. My take is this. If the temperature has not changed then Kp will be the same. Give Kp ONLY depends on the partial pressure of CO2 (as it does), then the only way that Kp can still equal the same number is my name cisneros, if the partial pressure of CO2 is still the same.

Of course, this does rely upon there being sufficient CaO present to high vs low, allow the CO2 to rosalind strong, react and for context vs low the reaction to go bakcwards. Question #2 part c, i. This should be true because the theory of dreams, reaction between the strong base and weak acid goes to vs low cultures, completion with the strong base being able to take off all H+ from the John Reuel Accomplishments, propanoic acid. As it does this the acid needs to maintain equilibrium and high context vs low will dissociate further until a ph of 7.00 is reached. Please correct my thinking if this is incorrect. Rosalind Strong. You are correct that the high context context cultures, reaction goes to completion, BUT the pH will be greater than 7 because the salt that is produced (by the cisneros, complete reaction) will hydrolyze in high context cultures water and create free hydroxide ions. Did you see my answers at brion cemetery, the bottom of this post?

Oh, yes, missed that partyou are so rightthanks! Thanks for taking the time to high context, post your answers! How many points do you think that you have to get out of 120 to John Tolkien's Accomplishments, make a 5, 4, and 3? Rich It depends upon a couple of things. Firstly what the national statistics look like, and secondly if they decide to rearrange the grade distribution as they did in AP Biology last year that was DEVASTATING! Having said that, my GUESSES are these; A 5 could get cut-off anywhere between approx.

81 (very best case) and 93 (very worse case). I CANNOT envisage ANY situation where a score of high context cultures, 93 or more does NOT score a 5. Then I would go with points ranges of approx. 12, for rosalind strong each AP grade down from there. However, these are really #8216;shot in the dark#8217;, guesses! In the 5 Steps to context vs low context, A 5 AP Chemistry 2014-2015 book, it said a. Total Raw Score. 68–120 (would be a 5) 52–67 (would be a 4) How accurate do you think this is? I think that is WAY, WAY, WAY too low, UNLESS it turns out that huge numbers of rosalind strong, kids failed to get to context vs low cultures, the final problems because of rosalind strong, time pressure. If so, the raw scores will come down and with them so will the boundaries but even so, 68 seems a HORRIBLY low threshold, and apart from the time issue this was a fairly straightforward exam. We#8217;ll see but I#8217;ll be amazed if it were that low. if they scale the fr, do you think they will weight the first three more than the last four? Well, the first three are worth more points as a whole but as for weighting within that, no idea.

I thought the total raw score would be 106 max so I am unclear how these numbers apply to high context vs low, this years exam. Well, I am basing the calculation on; + knowing that the MCQ and FRQ are 50% each. + knowing that there were 60 MCQ#8217;s. Ronald Accomplishments. + assuming that the high context context cultures, FRQ will be scaled to rosalind strong, be out of 60 (regardless of the original raw points) to make the raw score out of 120. Vs Low Cultures. Having said that, these are ALL #8216;ballpark#8217; guesses. Thank you for all your work (on these solutions and for so much else you do and share). GREAT solutions! I just wondered, on 4a shouldn#8217;t the my name, 1100K limit the sig figs to 2, or 0.011mol? My intuition matched yours, but as for context context the values placed on activation theory of dreams, the exam, 1100K has two sig figs.

J. Hnato and context I had many conversations about brion cemetery, #8220;100#8221; deg C having 1 vs. 3 sig figs. If the context, CB is of the to accomplish goals?, going to be nit-picky about things, do you understand why the high context cultures, flub so much on this one? (He kept saying it was 3, i.e. the exception that proves the rule#8230;). Thanks for your thoughts#8230; Todd Who knows?? Sig. fig#8217;s are largely a mystery to me, I don#8217;t consider them to brion cemetery, be appropriate for the AP (or any) chemistry course, and high context the fact that the College Board doesn#8217;t have an official policy on what refers goals?, this doesn#8217;t help. Of course, it may not matter since this may not be the question that they pick on for examining sig figs. (assuming that unwritten policy is still in place on the new exam)! Hello, I#8217;m actually a student who took AP Chemistry 2014 exam on May 5th#8230; As a student, I thought this exam was quite more stressing than the ones I practiced before, mainly because of too long FR questions that perplexed my brain a bit. I felt the time was way too tight (actually I always write more than needed#8230;like I always answer in complete sentences with full explanation#8230;because I don#8217;t want to miss any single possible point!)#8230;Actually I couldn#8217;t get to context vs low context, #7 at all. But my other answer#8217;s accuracy is quite fine thankfully :) About difficulty, maybe just because I was too nervous on rosalind strong, M.C. (it was my first ever AP exam), right after the exam, I felt M.C. questions were a little bit hard but most of high vs low context cultures, my classmates said they felt it was actually easier than the practice.

Also thinking it after some time, I could see that they may have been just a little bit more tricky and longer but actually quite simple :)#8230;.(If I didn#8217;t make any mistake in reading and synthesis of dreams understanding the wordings#8230;!) I used to get quite high scores in every practice(solid 5 level) and my teacher always said I would easily get 5 in high actual exam,too, but right now, I#8217;m not that certain how my score will be#8230;. I heard that in the College Board practice exam released, if I scored higher than 85/120 (when both M.C. and John Accomplishments FR are based on 60), I have high potential to high context, get 5 and John Ronald Accomplishments Essay if higher than 90/120, it will almost surely 5#8230; Do you still think that guideline will work. Can you please tell me if there will be somewhat large difference in context your opinion?? Soomin Take a look at my comments earlier in activation this thread about my best guesses for context vs low grade boundaries. I was wondering if other schools had students who had 2 different forms, as our school did, and rosalind strong if they released the high context context cultures, other free response questions. Our kids report having forms O and C, form C being much easier (more like the old exams) and O being more difficult, according to their reports. Do you have any feedback on this, and if this was done to compare the new testing version to the old?

It seems unfair to me that kids were given multiple forms that varied in theory of dreams question type. High Vs Low Context Cultures. I suspect that the what to the of the goals?, form that was released was the C form. We had two forms. They will NOT release the high vs low, other questions. Tolkien's Essay. Obviously (I think!), the different forms have to have grade boundaries set at different points, to allow for the relative difficulty of each form. I cannot imagine any other feasible circumstances. Wouldn#8217;t the fact that PVC is polar, due to the C-Cl bond, allow it to sink to the bottom? Since water is polar, the PVC would be miscible unlike the other non polar compound that sits on top of the water with the -CH3 group. Given the wording of the question, I really think this is a density, not a polarity issue. Concerning question 1g(ii): I read this question very simply and feel like perhaps you are reading too much into it.

When I teach sig figs I teach the old adage that your results can not be more precise than the instrument you use to collect your data. I really feel like that is all they are looking for in this question, if I am right that would mean they are testing basic sig fig concepts and this question was way too easy for an AP exam! Let me know your thoughts, maybe I am the one missing something here. Melanie I agree that my comments are almost certainly NOT what the question is getting at but I offer them to highlight what I *think* is a flaw in the question. My main point is that in determining significant figures in this case, I think that one has to consider both the high, instrument AND the stuff that is being massed. As for what is (and is not) appropriate for an AP Chemistry exam, I vote for the COMPLETE removal of sig. figs!

Ahh, I see, so I was the one missing something! I agree with you on sig figs. They cause so much uncertainty on John Ronald Reuel Tolkien's Accomplishments Essay, the test. High Context Vs Low. I never know what to sociological, tell my students. There seem to be a few #8220;unwritten#8221; rules concerning them on the tests. High Vs Low. I have heard they can be given credit if over rosalind strong, or under by high vs low one, I have heard they only score a random problem they pick on sig figs.

So it is frustrating. I grade all their problems in synthesis theory of dreams chem I and AP chem based on work, ans, units, and yes#8230;one point for high cultures sig figs. I usually give them the off by one lie-way. If I knew they didn#8217;t need the on the test I would just tell them to my name, round to two, would make grading so much easier! I would say if they are going to vs low, keep them, then they need to announce some formal guideline on it. There used to be an my name by sandra cisneros, #8216;unwritten rule#8217;, that appeared to be largely consistently applied, that +/- 1 sig fig was acceptable. So, an high vs low context cultures, answer that should have 5 was graded correct with 4, 5 or 6. THEN, completely out of blue, several years ago, they suddenly decided to pick on a particular question where the the sig. figs had to my name, be exactly correct. Either way, neither of these things were ever #8216;official#8217;, but talking to vs low, readers and interrogating the rosalind strong, scoring standards made them what I would call, #8216;effectively official#8217;. In short, I am of the opinion that none of this is chemistry, and it should not attract any credit or debit. [#8230;] the publication of this post after this years AP exam, I wanted to follow-up, now that a little more information is in the [#8230;] You know cerium, element #58, well it was named after Ceres . NASA’s Dawn Spacecraft Maps the Surface of Ceres https://t.co/SOUFSf5JQZOctober 2, 2017 12:44 am Noble gases are the context cultures, same as noble hops, right? Right? October 1, 2017 12:19 pm Football casual.

Chemistry world, you don't know me. https://t.co/23rrhIngU0September 24, 2017 9:22 pm @MrGHWHS@APchemisme Your eyes will burn forever. September 23, 2017 8:35 pm @APchemisme Maybe I'll get a pair. LOL. Term Refers To The Manipulation Supernatural To Accomplish Specific. September 22, 2017 11:24 pm @Chemjobber It's all true (one 18 yr old College freshman, one almost 16 year old sophomore). September 22, 2017 12:10 am @LindaJoySinglet@SCBWINorthCal Agreed. September 21, 2017 11:54 pm Yep. High Context Context Cultures. https://t.co/EkxOjIDiuUSeptember 19, 2017 7:24 pm @lowlevelpanic Errrr. 'up-skilling'? Edubabble much? #wordsrealteachersneveruseSeptember 14, 2017 4:59 pm @PeaseRoland@philipcball@SellaTheChemist Nice. September 13, 2017 1:04 am adchempages. Introduction to Organic Chemistry. Veteran chemistry educator and my name chemistry author Adrian Dingle is, amongst many other things, the creator of Adrian Dingle#8217;s Chemistry Pages . Context Vs Low Context Cultures. Adrian has over a quarter of a century of high school and early college chemistry teaching experience in both the synthesis, UK and the USA.

He is committed to traditional approaches to knowledge understanding, taught via, and in, digital environments. High Context. He is interested in real achievement as opposed to the perception of achievement, and specializes in maximizing test scores and improving grades in rosalind strong general. Want to vs low, contact Adrian? It#8217;s quickest to use the contact form, alternatively; The Westminster Schools. John Ronald Reuel. 1424 West Paces Ferry Road. The Royal Society of Chemistry. The American Chemical Society.

The National Science Teachers Association. Context Context Cultures. The National Association of Science Writers. The Society of Children’s Book Writers and Illustrators.

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Context of Cultures: High and Low

conflict fear essay Literary Terms and Definitions: C. This page is high context cultures, under perpetual construction! It was last upda ted January 5, 2017. CACOPHONY (Greek, bad sound): The term in poetry refers to the use of words that combine sharp, harsh, hissing, or unmelodious sounds.

It is the opposite cisneros, of euphony . CADEL (Dutch cadel and/or French cadeau , meaning a gift; a little something extra): A small addition or extra item added to an initial letter. Common cadels include pen-drawn faces or grotesques. Examples include the faces appearing in the initial letters of the Lansdowne 851 manuscript of Chaucer's Canterbury Tales . CADENCE : The melodic pattern just before the end of a sentence or phrase--for instance an interrogation or an high context vs low cultures exhortation. More generally, the brion cemetery, natural rhythm of language depending on the position of stressed and context context cultures, unstressed syllables. Cadence is a major component of Reuel Tolkien's individual writers' styles. A cadence group is a coherent group of words spoken as a single rhythmical unit, such as a prepositional phrase, of parting day or a noun phrase, our inalienable rights. CADENCE GROUP : See discussion under cadence . CAESURA (plural: caesurae ): A pause separating phrases within lines of poetry--an important part of poetic rhythm . High Context Cultures. The term caesura comes from the John Ronald Essay, Latin a cutting or a slicing. High Vs Low. Some editors will indicate a caesura by John Ronald Accomplishments Essay inserting a slash (/) in the middle of a poetic line. Context Context Cultures. Others insert extra space in this location. Others do not indicate the my name by sandra, caesura typographically at all.

CALQUE : An expression formed by individually translating parts of a longer foreign expression and then combining them in a way that may or may not make literal sense in the new language. Algeo provides the example of the high context, English phrase trial balloon , which is by sandra cisneros, a calque for cultures the French ballon d'essai (Algeo 323). CALLIGRAPHIC WORK : In medieval manuscripts, this is (as Kathleen Scott states), Decorative work, usually developing from or used to make up an important or introductory initial, or developing from ascenders at the top of the page and descenders at the bottom of the what refers supernatural, justified text; a series of strokes made by holding a quill constant at one angle to produce broader and narrower lines, which in context vs low context cultures combination appear to overlap one another to term refers to the manipulation of the supernatural goals? form strap-work (Scott 370). CANCEL : A bibliographical term referring to a leaf which is substituted for one removed by the printers because of an error. For instance, the first quarto of Shakespeare's Troilus and Cressida has a title page existing in both cancelled and uncancelled states, leaving modern readers in some doubt as to high vs low context whether the play should be considered a comedy, history, or tragedy. CANON (from Grk kanon , meaning reed or measuring rod): Canon has three general meanings. (1) An approved or traditional collection of works. Originally, the activation, term canon applied to the list of books to be included as authentic biblical doctrine in the Hebrew and Christian Bible, as opposed to apocryphal works (works of dubious, mysterious or uncertain origin). Click here for more information. High Vs Low Context. (2) Today, literature students typically use the word canon to rosalind strong refer to those works in anthologies that have come to high context cultures be considered standard or traditionally included in the classroom and published textbooks. In this sense, the canon denotes the entire body of literature traditionally thought to sociological be suitable for admiration and study. (3) In addition, the word canon refers to the writings of an author that scholars generally accepted as genuine products of said author, such as the Chaucer canon or the Shakespeare canon.

Chaucer's canon includes The Canterbury Tales , for context vs low cultures instance, but it does not include the apocryphal work, The Plowman's Tale, which has been mistakenly attributed to him in the past. Brion Cemetery. Likewise, the Shakespearean canon has only high vs low context, two apocryphal plays ( Pericles and the Two Noble Kinsmen ) that have gained wide acceptance as authentic Shakespearean works beyond the thirty-six plays contained in the First Folio. Sociological Paradigms. NB : Do not confuse the spelling of cannon (the big gun) with canon (the official collection of literary works). The issue of canonical literature is a thorny one. Traditionally, those works considered canonical are typically restricted to dead white European male authors. Many modern critics and teachers argue that women, minorities, and non-Western writers are left out high context vs low context of the literary canon unfairly. Additionally, the canon has always been determined in part by philosophical biases and political considerations. In response, some critics suggest we do away with a canon altogether, while others advocate enlarging or expanding the synthesis theory, existing canon to context vs low context achieve a more representative sampling. CANTICLE : A hymn or religious song using words from brion cemetery, any part of the Bible except the Psalms. CANTO : A sub-division of an epic or narrative poem comparable to a chapter in a novel. Examples include the high context, divisions in Dante's Divine Comedy , Lord Byron's Childe Harold , or Spenser's Faerie Queene . Paradigms. Cf. fit . CANZONE : In general, the term has three meanings. (1) It refers generally to the words of a Provençal or Italian song. (2) More specifically, an vs low context Italian or Provençal song relating to love or the praise of beauty is a canzone. My Name By Sandra Cisneros. (3) Poems in English that bear some similarity to Provençal lyrics are called canzones --such as Auden's unrhymed poem titled Canzone, which uses the end words of the vs low cultures, first twelve-line stanza in each of the following stanzas.

CAPTIVITY NARRATIVE : A narrative, usually autobiographical in origin, concerning colonials or settlers who are captured by Amerindian or aboriginal tribes and live among them for some time before gaining freedom. An example would be Mary Rowlandson's A Narrative of the Captivity and Restauration of brion cemetery Mrs. Mary Rowlandson , which details her Indian captivity among the Wampanoag tribe in the late seventeenth century. Contrast with escape literature and slave narrative . CARDINAL VIRTUES (also called the Four Pagan Virtues ): In contrast to the three spiritual or Christian virtues of fides (faith), spes (hope), and caritas (love) espoused in the New Testament, the context, four cardinal virtues consisted of prudence, temperance, fortitude, and justice. Theologians like Saint Augustine argued Christians alone monopolized faith in a true God, hope of sociological a real afterlife, and context cultures, the ability to love human beings not for their own sake, but as a manifestation of God's creation. However, these early theologians argued that pagans could still be virtuous in the cardinal virtues, the old values of the Roman Empire before the coming of Christianity. In Latin terminology, pagan Rome espoused the four cardinal virtues as follows: The Latin four-fold classification--later adopted by Saint Augustine and Saint Thomas Aquinas--originates in much older Greek philosophy. In The Republic , Plato uses similar virtues as a way to dissect the roles different citizens would play in an ideal state. Cf. My Name Cisneros. pietas . Cf. Seven Deadly Sins . CARET (Lat., it lacks): Also called a wedge , an up-arrow , or a hat , this editorial mark looks much the Greek letter lambda or an arrowhead pointing upwards.

Here is an example: ^ . An editor will write a caret underneath a line of context context text to indicate that a word, letter, or punctuation mark needs insertion at brion cemetery, the spot where the two lines converge. CARMEN : (Lat. song or poem): The generic Latin term for a song or poem--especially a love-song or love-poem. After Ovid was banished to Tomis by context vs low the Emperor in the year 8 AD, he wrote that his crime was carmen et error (a song and a mistake). This has led some scholars to wonder if his scandalous poem The Ars Amatoria (The Art of Love) may have invoked the wrath of Emperor Augustus whose Julian Marian laws sought to curb adultery and illicit sexuality. CARPE DIEM : Literally, the phrase is Latin for seize the day, from carpere (to pluck, harvest, or grab) and the accusative form of die (day). What Term To The Supernatural. The term refers to a common moral or theme in high context context cultures classical literature that the reader should make the what to the manipulation of the goals?, most out of life and vs low, should enjoy it before it ends. Poetry or literature that illustrates this moral is often called poetry or literature of the carpe diem tradition.

Examples include Marvell's To His Coy Mistress, and Herrick's To the Virgins, to Make Much of Time. Cf. Anacreontics , Roman Stoicism , Epicureanism , transitus mundi , and the ubi sunt motif. CASE : The inflectional form of a noun, pronoun, or (in some languages) adjective that shows how the word relates to the verb or to other nouns of the same clause. For instance, them is the objective case of they , and their is the possessive case of they . Common cases include the nominative, the accusative, the genitive, the dative, the brion cemetery, ablative, the vocative, and the instrumental forms. Patterns of particular endings added to words to indicate their case are called declensions . Context Vs Low Context. Click here for expanded information. CASTE DIALECT : A dialect spoken by specific hereditary classes in a society. Often the use of caste dialect marks the speaker as part of that particular class.

For instance, a dalit or untouchable is the lowest caste in my name by sandra cisneros the Indian Hindu caste system while a brahmin is the highest caste. Although the high context context cultures, two groups may frequently share a common language, they each also have specialized vocabulary and sociological, speech mannerisms that to context context a native speaker may quickly advertise their social background. CATACHRESIS (Grk. misuse): A completely impossible figure of speech or an implied metaphor that results from activation of dreams, combining other extreme figures of speech such as anthimeria , hyperbole , synaesthesia , and metonymy . The results in each case are so unique that it is hard to state a general figure of speech that embodies all of the possible results. It is far easier to give examples. For instance, Hamlet says of Gertrude, I will speak daggers to her. A man can speak words, but no one can literally speak daggers. In spite of that impossibility, readers know Shakespeare means Hamlet will address Gertrude in context a painful, contemptuous way. In pop music from the 1980s, the my name, performer Meatloaf tells a disappointed lover, There ain't no Coup de Ville hiding the bottom of a crackerjack box. The image of a luxury car hidden as a prize in the bottom of a tiny cardboard candybox emphasizes how unlikely or impossible it is his hopeful lover will find such a fantastic treasure in someone as cheap, common, and unworthy as the speaker in context vs low these lyrics.

Sometimes the catachresis results from stacking one impossibility on brion cemetery, top of another. Consider these examples: There existed a void inside that void within his mind. Joe will have kittens when he hears this! I will sing victories for you. A man that studies revenge keeps his own wounds green.--Bacon I do not ask much: / I beg cold comfort. --Shakespeare, ( King John 5.7.41) His complexion is perfect gallows--Shakespeare, ( Tempest 1.1.33) And that White Sustenance--Despair--Dickinson The Oriel Common Room stank of logic --Cardinal Newman O, I could lose all Father now--Ben Jonson, on the death of his seven-year old son. High Cultures. The voice of your eyes is sociological paradigms, deeper than all roses --e.e. cummings. For a more recent example, consider the context vs low context, disturbingly cheerful pop song by Foster the People, Pumped Up Kicks, which deals with a school shooting. Here, the shooter/narrator thinks, I've waited for a long time.

Yeah, the sleight of brion cemetery my hand is now a quick-pull trigger. / I reason with my cigarette. Cultures. One can reason with induction or deduction, but how does one reason with a cigarette? Here, the paradigms, catachresis might evoke the idea of the high context context cultures, cool kid using personal style instead of a persuasive argument, or it might evoke the imagery of torture--burning victims with a cigarette-butt to make one's point. This sort of sociological paradigms evocative, almost nonsensical language is the high context, heart of by sandra good catachresis. Other examples, in The Lord of the Rings, Tolkien uses catachresis to describe Legolas's disgusted outburst at encountering an Orc by asserting, 'Yrch!' siad Legolas, falling into his own tongue.' One call fall into a pool of water or fall into high, a bed, but how does one fall into a language? As Milton so elegantly phrased it, catachresis is all about blind mouths. Such catachresis often results from hyperbole and synaesthesia . A special subtype of catachresis is abusio , a mixed metaphor that results when two metaphors collide. To The Manipulation Of The Goals?. For instance, one U. S. senator learned of an high unlikely political alliance. He is said to rosalind strong have exclaimed, Now that is a horse of a different feather. This abusio is the high context cultures, result of two metaphors. The first is the cliché metaphor comparing anything unusual to a horse of a different color.

The second is the proverbial metaphor about how birds of brion cemetery a feather flock together. However, by taking the two dead metaphors and combining them, the resulting image of cultures a horse of a different feather truly emphasizes how bizarre and unlikely the resulting political alliance was. Brion Cemetery. Intentionally or not, the high context, senator created an ungainly, unnatural animal that reflects the ungainly, unnatural coalition he condemned. Purists of languages often scrowl at abusio with good reason. Too commonly abusio is the result of sloppy writing, such as the sociological, history student who wrote the dreadful hand of totalitarianism watches all that goes on around it and growls at its enemies. (It would have been better to stick with a single metaphor and high vs low context, state the eye of rosalind strong totalitarianism watches all that goes on around it and glares at vs low, its enemies. We should leave out the mixed imagery of watchful hands growling at rosalind strong, people; it's just stupid and inconsistent.) However, when used intentionally for vs low a subtle effect, abusio and catachresis can be powerful tools for originality.

CATALECTIC : In poetry, a catalectic line is a truncated line in which one or more unstressed syllables have been dropped, especially in the final metrical foot. For instance, acephalous or headless lines are catalectic, containing one fewer syllable than would be normal for the line. Sociological. For instance, Babette Deutsche notes the second line in this couplet from high vs low cultures, A. E. Housman is catalectic: And if my ways are not as theirs, Let them mind their own affairs. On the other hand, in trochaic verse, the final syllable tends to be the truncated one, as Deutsche notes about the first two lines of Shelley's stanza: Music, when soft voices die, Vibrates in the memory-- Odours, when sweet violets sicken, Live within the senses they quicken. The term catalectic contrasts with an acatalectic line, which refers to a normal line of poetry containing the expected number of paradigms syllables in each line, or a hypercatalectic line, which has one or more extra syllables than would normally be expected.

CATALEXIS : Truncation of a poetic line--i.e., in poetry, a catalectic line is high, shortened or truncated so that unstressed syllables drop from a line. My Name. The act of such truncation is called catalexis. If catalexis occurs at high context context cultures, the start of a line, that line is said to be acephalous or headless. See catalectic . CATALOGING : Creating long lists for poetic or rhetorical effect. The technique is common in epic literature, where conventionally the poet would devise long lists of my name famous princes, aristocrats, warriors, and mythic heroes to be lined up in battle and slaughtered. The technique is also common in the practice of giving illustrious genealogies (and so-and-so begat so-and-so, or x, son of y, son of z etc.) for famous individuals. Vs Low. An example in American literature is Whitman's multi-page catalog of American types in Tolkien's Essay section 15 of Song of Myself.

An excerpt appears below: The pure contralto sings in the organ loft, The carpenter dresses his plank, the tongue of his foreplane whistles its wild ascending lisp, The married and unmarried children ride home to their Thanksgiving dinner, The pilot seizes the king-pin, he heaves down with a strong arm, The mate stands braced in context vs low the whale-boat, lance and harpoon are ready, The duck-shooter walks by silent and cautious stretches, The deacons are ordained with crossed hands at the altar, The spinning-girl retreats and advances to the hum of the big wheel,

The farmer stops by the bars as he walks on of dreams, a First-day loaf and looks at the oats and rye, The lunatic is cultures, carried at last to rosalind strong the asylum a confirmed case. High Vs Low Context. [etc.] One of the more humorous examples of cataloging appears in the Welsh Mabinogion . By Sandra. In one tale, Culhwch and high context vs low context, Olwen, the protagonist invokes in an oath all the names of King Arthur's companion-warriors, giving lists of their unusual attributes or abilities running to six pages. CATASTROPHE : The turning downward of the plot in a classical tragedy. By tradition, the catastrophe occurs in brion cemetery the fourth act of the play after the climax. (See tragedy .) Freytag's pyramid illustrates visually the high context vs low context, normal charting of the catastrophe in a plotline. CATCH : A lyric poem or song meant to be sung as a round, with the words arranged in each line so that the audience will hear a hidden (often humorous or ribald) message as the groups of singers sing their separate lyrics and rosalind strong, space out the high cultures, wording of the poem. For example, one might write a song in which the first line contained the words up, the my name by sandra, word look appears in the middle of the third line, the word dress appears in the second line, and the word her appears in the middle of the fourth line. When the song or poem is sung as a round by four groups of singers, the word order and timing is context cultures, arranged so that the singers create the hidden phrase look up her dress as they sing, to the amusement of the audience as they listen to an otherwise innocent set of my name lyrics.

Robert Herrick's To the Virgins, to Make Much of Time is an example of a catch, and when William Lawes adapted the poem to music for Milton's masque Comus , it became one of the most popular drinking songs of the 1600s (Damrosche 844-45). CATCHWORD : This phrase comes from printing; it refers to a trick printers would use to keep pages in their proper order. The printer would print a specific word below the text at vs low, the bottom of a page. Sociological Paradigms. This word would match the first word on the next page. A printer could thus check the order by flipping quickly from one page to context context cultures the next and making sure the catchword matched appropriately. This trick has been valuable to modern codicologists because it allows us to note missing pages that have been lost, misplaced, or censored. CATHARSIS : An emotional discharge that brings about my name by sandra cisneros, a moral or spiritual renewal or welcome relief from high context vs low, tension and anxiety. According to Aristotle, catharsis is the marking feature and ultimate end of sociological any tragic artistic work.

He writes in his Poetics (c. 350 BCE): Tragedy is an imitation of an action that is serious, complete, and of a certain magnitude; . . High Vs Low Cultures. . through pity [ eleos ] and by sandra cisneros, fear [ phobos ] effecting the proper purgation [ catharsis ] of these emotions (Book 6.2). (See tragedy .) Click here to download a pdf handout concerning this material. CAVALIER : A follower of Charles I of England (ruled c. 1625-49) in his struggles with the Puritan-dominated parliament. High Context. The term is used in by sandra cisneros contrast with Roundheads , his Puritan opponents. Cavaliers were primarily wealthy aristocrats and courtiers. They were famous for their long hair, fancy clothing, licentious or hedonistic behavior, and their support of the arts. See Cavalier drama and Cavalier poets , below. Ultimately, Cromwell led the Roundheads in a coup d'état and context cultures, established a Puritan dictatorship in England, leading to the end of the English Renaissance and its artistic, scientific, and cultural achievements. To see where Charles' reign fits in English history, you can download this PDF handout listing the reigns of English monarchs chronologically. CAVALIER DRAMA : A form of English drama comprising court plays that the Queen gave patronage to in the 1630s. Most critics have been underimpressed with these plays, given that they are mostly unoriginal and written in a ponderous style.

The Puritan coup d'état and by sandra, the later execution of King Charles mercifully terminated the dramatic period, but unfortunately also ended their poetry, which was quite good in high context comparison. CAVALIER POETS : A group of Cavalier English lyric poets who supported King Charles I and to the manipulation of the goals?, wrote during his reign and context context cultures, who opposed the Puritans, his political enemies. The major Cavalier poets included Carew, Waller, Lovelace, Sir John Suckling, and Herrick. My Name By Sandra. They largely abandoned the sonnet form favored for a century earlier, but they still focused on the themes of love and sensuality and their work illustrates technical virtuosity as J. A. Cuddon put it (125). They show strong signs of high vs low context Ben Jonson's influence. CAVE, THE : Not to refers to the manipulation to accomplish goals? be confused with Plato's allegorical cave , this term is a nickname for a gathering of high vs low cultures Tolkien and fellow Oxford English scholars in the 1930s before the Inklings formed. As Drout's J.R.R. Tolkien Encyclopedia summarizes the details, the name comes from I Samuel 22:1-2, where the Cave of Adullam became the place for David's conpiracies against King Saul, possibly implying that the members of the Cave at Oxford saw themselves as righteously subversive of the brion cemetery, academic establishment. Members of the Cave included C.S. Vs Low. Lewis, J.R.R.

Tolkien, Neville Coghill, Hugh Dyson, and Cleanth Brooks. They were distinguished scholars of various fields. Rosalind Strong. Eventually, in 1933, C.S. Lewis's brother Warnie retired to Oxford after a bout with alcoholism and could not regularly make meetings at the Cave. C.S. High Context Vs Low Cultures. Lewis took it upon himself to raid the John Ronald Reuel, Cave for similarly-minded scholars to become a part of the new Inklings group (Lobdell cited in context cultures Drout 88). Cf.

Inklings and Cave, Plato's below. CAVE, PLATO'S : In Plato's Republic , Socrates, Plato, and several of their fellows debate the nature of ideal government. In the section on education in this ideal Republic, they argue about the purpose of education. As part of Socrates' argument, the sociological, discussion veers into high context context cultures, an allegory in which human existence is my name by sandra, being trapped in a cave of ignorance, chained in place and high context, unable to view anything except shadows cast on of dreams, the wall. Some of those shadows are vague outlines of actual unseen truths beyond the perception of the senses; others are false images deliberately designed to mislead the cave-dwellers, keeping them content and unquestioning. The purpose of education becomes freeing the imprisoned human and forcing him to leave the cave, to look at the actual objects that make the shadows. Cf. Platonic Forms . While reading Plato's cave as an allegory of education is a common interpretation, some philosophers (especially medieval readers) often took a more mystical approach to the Greek text, interpreting the cave as the material or physical world, while the context, shadows were mere outline of a greater spiritual truths--hidden and eternal beyond the physical world. C. S. Lewis coopts this idea in The Last Battle , in which the characters discover after death that Narnia has merely been a crude approximation of heaven, and the further they travel in the onion ring, the term manipulation of the supernatural to accomplish goals?, larger and more beautiful and cultures, more true the inner rings become.

CELLERAGE : The hollow area beneath a Renaissance stage--known in Renaissance slang as hell and entered through a trapdoor called a hellmouth . John Accomplishments Essay. The voice of the vs low cultures, ghost comes from this area in rosalind strong Hamlet , which has led to scholarly discussion concerning whether or not the ghost is really Hamlet's father or a demon in disguise. CELTIC : A branch of the Indo-European family of languages. Celtic includes Welsh and Breton. Celtic languages are geographically linked to western Europe, and they come in two general flavors, goidelic (or Q-celtic) and brythonic (or P-celtic). CELTIC REVIVAL : A literary movement involving increased interest in Welsh, Scottish, and Irish culture, myths, legends, and high vs low context, literature. It began in the late 1700s and continues to brion cemetery this day.

Thomas Gray's Pindaric ode The Bard (1757) and Ieuan Brydydd's publication of Some Specimens of the context cultures, Poetry of the Ancient Welsh Bards (1764) mark its emergence, and Charlotte Guest's translation of The Mabinogion in 1839 marks its continued rise. Matthew Arnold's lectures on Celtic literature at my name by sandra, Oxford helped promote the foundation of a Chair of Celtic at that school in 1877. The Celtic Revival influenced Thomas Love Peacock, Alfred Lord Tennyson, Gerard Manley Hopkins, and W. B. Yeats, and probably led to the creation of the Abbey Theatre . A continuing part of the Celtic Revival is the Irish Literary Renaissance , a surge of extraordinary Irish talent in the late nineteenth and twentieth century including Bram Stoker, James Joyce, William Butler Yeats, Samuel Beckett, George Bernard Shaw, and Seamus Heaney. CENOTAPH : A carving on a tombstone or monument, often in the form of a verse poem, biblical passage, or literary allusion appearing after the high, deceased individual's name and date of birth/death. Often used synonymously with epitaph . CENSORSHIP : The act of hiding, removing, altering or destroying copies of art or writing so that general public access to it is partially or completely limited. Contrast with bowdlerization. Click here to download a PDF handout discussing censorship in great detail. The term originates in an occupational position in the Roman government. Sociological Paradigms. After the fifth century BCE, Rome commissioned censors. High Context Context. These censors at first were limited to conducting the census for tax estimations, but in latter times, their job was to John Tolkien's Essay impose moral standards for context vs low citizenship, including the removal of unsavory literature. See also the Censorship Ordinance of 1559 and the Profanity Act of 1606 . CENSORSHIP ORDINANCE OF 1559 : This law under Queen Elizabeth required the brion cemetery, political censorship of public plays and all printed materials in matters of religion and the government.

The Master of high vs low context Revels was appointed to term manipulation of the supernatural specific goals? monitor and control such material. Context Context. All of Shakespeare's early works were written under this act. We can see signs of alteration in brion cemetery his early works to conform to the requirements of the censors. High Context. Contrast with the Profanity Act of 1606 . CENTAUR MYTH : In mythology and literary use, a common motif is the centaur (a hybrid of horse-body with a human torso where the horse's head would be). Sociological Paradigms. This mythic creature has gone through a number of allegorical transformations in different literary periods. In classical Greek artwork and literature, centaurs were associated with sex and violence. Their lineage traces them to Centaurus, the twin brother of King Lapithes. High Context. Both Centaurus and Lapithes were the offspring of Apollo and a river nymph named Stilbe. Stilbe gave birth to twins, with the elder Lapithes being strong, brave and handsome, but the younger twin Centaurus was ugly, brutish, and deformed. Ronald Essay. Unable to find a woman willing to marry him, Centaurus engaged in bestiality with mares, who in turn gave birth to half-human, half-horse hybrids that terrorized the land, becoming the high vs low context, first centaurs. Many Greek temples such as the Parthenon included a prominent carved scene called a centauromachia , which depicted the battle between Pirithous, a later king of the Lapith tribe, as he battled with centaurs who party-crashed his wedding and attempted to abduct the bride and bridesmaids.

The scene was also popular in Greek pottery and John Ronald Reuel Accomplishments, wall-painting, and vs low cultures, it helped cement the Greek idea that centaurs were generally loutish creatures symbolizing bestial natures--especially the lower passions of gluttony, rapine, and sexuality. Only a few exceptions (such as Chiron) were exceptions to this rule, and Greek heroes like Hercules spent a great deal of time beating up centaurs who sought to kidnap their wives and lovers. Later, medieval bestiaries revisited and Christianized the centaur myth. One medieval bestiary/commentary used centaurs as symbols of hypocrisy. After pews gradually become common in by sandra cisneros late medieval churches near the turn of the Renaissance, such bestiaries depicted the centaur as standing in a pew so that only the human-looking upper half of the body was visible while the lower animal half was unseen. The commentators stated that even thus wicked people in vs low churches would look virtuous in their public appearance, but their truly monstrous nature would remain concealed. By the Enlightenment, pastoral artwork and paintings tended to depict centaurs more as frolicking, playful creatures--erasing earlier overtones of sociological rape and evil, and by the late 19th-century, fantasy writers at the time of high context vs low context cultures George MacDonald rehabilitated them, making them deuteragonists and tritagonists that heroes would encounter on their quests. Among the Inklings of the 1940s, C.S. Lewis in particular become fascinated with idealizing centaurs as noble creatures and developed them into a private symbol for spiritual and bodily perfection. Lewis saw the upward human half of a centaur as being an emblem of reason and nobility, and the lower half being an emblem of natural biological or animal passions.

Thus, the centaur became his emblem for the healthy union of the material body and the intellectual/spiritual domains--an organism as God intended humans to be before the John Ronald, fall, or the perfect amalgamation of the chariot-driver, chariot, and horses in the allegory of the charioteer that Plato retells in Phaedrus . CENTUM LANGUAGE : One of the two main branches of Indo-European languages. These centum languages are generally associated with western Indo-European languages and they often have a hard palatal /k/ sound rather than the sibilant sound found in equivalent satem words. High Vs Low Cultures. See discussion under Indo-European . CHAIN OF BEING : An elaborate cosmological model of the universe common in the Middle Ages and the Renaissance. John Ronald Reuel Tolkien's Accomplishments. The Great Chain of Being was a permanently fixed hierarchy with the Judeo-Christian God at the top of the chain and inanimate objects like stones and mud at the bottom. Intermediate beings and objects, such as angels, humans, animals, and plants, were arrayed in high vs low context descending order of intelligence, authority, and capability between these two extremes. The Chain of Being was seen as designed by God. The idea of the sociological paradigms, Chain of Being resonates in art, politics, literature, cosmology, theology, and philosophy throughout the Middle Ages and Renaissance. It takes on particular complexity because different parts of the Chain were thought to correspond to each other. High Context. (See correspondences .) Click here for more information. CHANSON (French song): A love-song or French love-poem, especially one the Provençal troubadour poets created or performed. Conventionally, the chanson has five or six stanzas, all of identical structure, and an envoi or a tornada at activation theory, the end. They were usually dedicated or devoted to a lady or a mistress in the courtly love tradition.

CHANSON DE GESTE (French, song of deeds): These chansons are lengthy Old French poems written between the eleventh and vs low cultures, fourteenth centuries glorifying Carolingian noblemen and their feudal lords. The chansons de geste combine history and legend . They focus on activation, religious aspects of context cultures chivalry rather than courtly love or the brion cemetery, knightly quests so common in the chivalric romance . Typical subject-matter involves (1) internal wars and intrigue among noble factions (2) external conflict with Saracens, and (3) rebellious vassals who rise up against their lords in acts of betrayal. High Context. Typical poetic structure involves ten-syllable lines marked by sociological paradigms assonance and stanzas of varying length. The chansons de geste are in high context many ways comparable to activation synthesis theory epics . High Context Vs Low Context. Over eighty texts survive, but The Song of brion cemetery Roland is by far the high context, most popular today. CHANSON À PERSONNAGES (French, song to people): Old French songs or poems in dialogue form. Common subjects include quarrels between husbands and wives, meetings between a lone knight and a comely shepherdess, or romantic exchanges between lovers leaving each other in the morning. See aubade . CHARACTER : Any representation of an individual being presented in by sandra cisneros a dramatic or narrative work through extended dramatic or verbal representation. The reader can interpret characters as endowed with moral and dispositional qualities expressed in vs low what they say ( dialogue ) and what they do ( action ). E. What Term To Accomplish. M. Forster describes characters as flat (i.e., built around a single idea or quality and unchanging over the course of the narrative) or round (complex in temperament and motivation; drawn with subtlety; capable of growth and high vs low context, change during the course of the narrative). The main character of a work of a fiction is typically called the protagonist ; the brion cemetery, character against whom the protagonist struggles or contends (if there is one), is the antagonist . If a single secondary character aids the protagonist throughout the narrative, that character is the deuteragonist (the hero's side-kick). High Cultures. A character of tertiary importance is a tritagonist . These terms originate in theory classical Greek drama, in which a tenor would be assigned the role of protagonist, a baritone the role of deuteragonist, and high vs low context cultures, a bass would play the tritagonist. Compare flat characters with stock characters . CHARACTERIZATION : An author or poet's use of description, dialogue, dialect, and action to create in the reader an emotional or intellectual reaction to a character or to make the character more vivid and realistic.

Careful readers note each character's attitude and John Ronald Reuel Tolkien's Accomplishments Essay, thoughts, actions and reaction, as well as any language that reveals geographic, social, or cultural background. CHARACTONYM : An evocative or symbolic name given to a character that conveys his or her inner psychology or allegorical nature. For instance, Shakespeare has a prostitute named Doll Tearsheet and a moody young man named Mercutio . Steinbeck has the sweet-natured Candy in Of Mice and Men . Spenser has a lawless knight named Sansloy (French, without law) and an arrogant giant named Orgoglio (Italian, pride). On a more physical level, Rabelais might name a giant Gargantua or C.S. Lewis might call his talking lion Aslan (Turkish for lion). These names are all simple charactonyms. Cf. eponym . CHASTUSHKA (plur. chastushki ): In 19th-century Russian literature, a short song, usually of four lines--usually epigrammatic and vs low context, humorous and nature, commonly focusing on rosalind strong, topics such as love and commonly associated with young artists. Context. Chastushki on political topics became more common in the 20th century. Most modern examples rhyme and use regular trochaic meter, though in term refers to the manipulation of the supernatural to accomplish goals? the oldest examples, these features are less regular, with cadences that are feminine or dactylic (Harkins 121). CHAUCERISM : In the Renaissance, experimental revivals and cultures, new word formations that were consciously designed to imitate the rosalind strong, sounds, the feel, and verbal patterns from an older century--a verbal or grammatical anachronism . Spenser uses many Chaucerisms in high The Fairie Queene . CHEKE SYSTEM : As summarized by what refers manipulation supernatural specific Baugh, a proposed method for indicating long vowels and standardizing spelling first suggested by Sir John Cheke in Renaissance orthography.

Cheke would double vowels to indicate a long sound. For instance, mate would be spelled maat , lake would be spelled laak , and so on. Silent e 's would be removed, and the letter y would be abolished and an i used in its place (Baugh 209). It did not catch on. CHIASMUS (from Greek, cross or x): A literary scheme in which the author introduces words or concepts in context context cultures a particular order, then later repeats those terms or similar ones in reversed or backwards order. My Name Cisneros. It involves taking parallelism and deliberately turning it inside out, creating a crisscross pattern. For example, consider the chiasmus that follows: By day the frolic, and the dance by night . If we draw the words as a chart, the words form an x (hence the word's Greek etymology, from chi meaning x):

The sequence is typically a b b a or a b c c b a . Context Cultures. I lead the life I love ; I love the life I lead . Naked I rose from the earth ; to sociological the grave I fall clothed . Biblical examples in the Greek can be found in Philippians 1:15-17 and Colossians 3:11, though the artistry is often lost in English translation. Chiasmus often overlaps with antimetabole . CHICANO / CHICANA LITERATURE : Twentieth- and twenty-first-century writings and poetry by Mexican-American immigrants or their children--usually in English with short sections or phrases in Spanish. An example would be Sandra Cisneros' writings, such as The House on Mango Street or My Wicked Wicked Ways . Following the context vs low cultures, grammatical conventions for sociological paradigms gender in Spanish, the adjective Chicano takes an high -o suffix in reference to male authors and rosalind strong, an -a suffix in reference to vs low female authors. Cf. Latino Writing . CHIVALRY : An idealized code of John Ronald Reuel Accomplishments military and social behavior for context context the aristocracy in the late medieval period. The word chivalry comes from Old French cheval (horse), and chivalry literally means horsemanship. What Refers Manipulation Of The Specific. Normally, only rich nobility could afford the expensive armor, weaponry, and warhorses necessary for mounted combat, so the act of becoming a knight was symbolically indicated by giving the knight silver spurs.

The right to context context cultures knighthood in the late medieval period was inherited through the activation synthesis theory, father, but it could also be granted by the king or a lord as a reward for services. The tenets of chivalry attempted to civilize the brutal activity of warfare. The chivalric ideals involve sparing non-combatants such as women, children, and helpless prisoners; the protection of the church; honesty in word and high vs low, bravery in deeds; loyalty to one's liege; dignified behavior; and single-combat between noble opponents who had a quarrel. Other matters associated with chivalry include gentlemanly contests in arms supervised by Tolkien's Accomplishments witnesses and heralds, behaving according to the manners of polite society, courtly love , brotherhood in arm s , and feudalism . See knight for additional information. This code became of great popular interest to British readers in context cultures the 1800s, leading to a surge of cisneros historical novels, poems, and paintings dealing with medieval matters. Examples of high vs low cultures this nineteenth-century fascination include the Pre-Raphaelite Movement , William Morris's revival of medieval handcrafts, Scott's novels such as Ivanhoe , and the earnestly sympathetic (though unrealistic) depiction of knighthood in Tennyson's Idylls of the King . Brion Cemetery. In Tennyson's poem Guinevere , King Arthur describes the ideals of high context cultures knighthood thus: I made them lay their hands in term to the manipulation of the to accomplish goals? mine and vs low context cultures, swear. To reverence the King, as if he were. Their conscience, and their conscience as their King. To break the heathen and uphold the Christ,

To ride abroad redressing human wrongs, To speak no slander, no, nor listen to it, To honor his own word as if his God's, To lead sweet lives in purest chastity, To love one maiden only, cleave to her,

And worship her by years of noble deeds, Until they won her. For the brion cemetery, best modern scholarly discussion of chivalry as a historic reality in the Middle Ages, read Maurice H. Keen's Chivalry (Yale University Press, 1984). CHORAGOS (often Latinized as choragus ): A sponsor or patron of a play in classical Greece. Often this sponsor was honored by serving as the leader of the chorus (see below). CHORIC FIGURE : Any character in any type of narrative literature that serves the same purpose as a chorus in drama by remaining detached from the high context vs low context cultures, main action and commenting upon or explaining this action to the audience. See chorus , below. CHORUS : (1) A group of singers who stand alongside or off stage from the principal performers in a dramatic or musical performance. (2) The song or refrain that this group of singers sings. In ancient Greece, the chorus was originally a group of male singers and dancers ( choreuti ) who participated in religious festivals and activation synthesis theory of dreams, dramatic performances by context vs low context cultures singing commenting on the deeds of the characters and interpreting the significance of the events within the play. This group contrasts with the actors (Greek hypocrites ). Shakespeare alters the traditional chorus by replacing the singers with a single figure--often allegorical in nature.

For instance, Time comes on term refers to the to accomplish, stage in The Winter's Tale to explain the passing years. Likewise, Rumor appears in Henry IV, Part Two to high context vs low summarize the theory, gossip about Prince Hal. See also choragos and choric figure , above. CHRISTIAN NOVEL : A novel that focuses on Christianity, evangelism, or conversion stories. Sometimes the plots are overtly focused on context, this theme, but others are primarily allegorical or symbolic. Traditionally, most literary critics have rated these works as being of rosalind strong lower literary quality than the canon of great novels in Western civilization. Examples include Bodie Thoen's In My Father's House , Catherine Marshall's Christy , Par Lagerkvist's Barabbas , Henryk Sienkiewicz's Quo Vadis , and Lloyd C. Douglas's The Robe . CHRISTOLOGICAL FIGURE : In theology, Christology is the study of Jesus' nature, i.e., whether Christ had both a human and divine nature, whether he had one sentient will alone or one human will and one divine will, whether he was theoretically capable of sin like humanity or perfectly righteous like the other persons in the trinity, whether he shared in context context the Father's omniscience or suffered from theory, human afflictions like doubt or ignorance, whether he existed or not before his biological birth, whether he was equal in high vs low authority and power to rosalind strong the other persons in the trinity, and whether he actually had a physical body (the orthodox view) or was composed entirely of spirit (the Arian view). In literary studies, the term christological has been commandeered to refer to (1) an context object, person, or figure that represents Christ allegorically or symbolically, or (2) any similar object, person, or figure with qualities generally reminiscent of Christ.

Examples of christological figures include the Old Man in Hemingway's The Old Man and the Sea , who after his struggle with the fish ends up bleeding from his palms and lying on brion cemetery, the floor in a cruciform pattern; the lion Aslan in C. S. Lewis's The Chronicles of Narnia , who allows himself like the lion of the vs low, tribe of Judah to be slain in order to redeem a traitorous child; and the unicorn in medieval bestiaries, which would lie down and place its phallic , ivory-horned meekly in my name by sandra cisneros a maiden's lap so that hunters might kill it--which medieval monks interpreted as an allegory of Christ allowing himself to enter the womb of the virgin Mary so that he might later be sacrificed. Zora Neale Hurston creates a christ-figure in Delia Jones, who in the short story Sweat suffers to context vs low cultures support her ungrateful husband and by sandra, crawled over the earth in Gethsemane and vs low, up the rocks of Calvary many, many times . . . John Reuel Tolkien's Accomplishments Essay. and high context context, so on. CHRONICLE : A history or a record of term to the manipulation events. It refers to any systematic account or narration of events that makes minimal attempt to interpret, question, or analyze that history. Because of this, chronicles often contain large amounts of folklore or other word-of-mouth legends the writer has heard. In biblical literature, the book of Chronicles is one example of a chronicle. Context. Medieval chronicles include Joinville's account of the Crusades and Geoffrey of Monmouth's History of the paradigms, Kings of high context Britain , a source for much Arthurian legend.

In the Renaissance , Raphael Holinshed, Edward Hall, and rosalind strong, other chroniclers influenced Shakespeare. Chronicles were popular in England after the British defeated the Spanish Armada in context cultures 1588. The accompanying patriotic fervor increased the public's demand for paradigms plays about English history. If Chronicles are written in the form of annual entries, they are also called annals . See also lepotis . CHRONOLOGICAL SNOBBERY : C. S. Lewis's term for what he describes as the uncritical acceptance of . . . the assumption that whatever has gone out of date is on that account discredited, i.e., the high vs low, unthinking belief that past ideas or literature are obsolete and that current or present ideas are superior to rosalind strong them, the high vs low context cultures, myth that all change is beneficial progress. Lewis initially felt torn between his love of John Reuel Accomplishments Essay medieval literature and vs low context cultures, the sense that it made him a dinosaur out of touch with the 20th century, and sociological, he felt depressed to think the fictions of the past as beautiful lies. In a fierce philosophical debate ( The Great War ) with Owen Barfield, Barfield convinced him that such a view was wrong, and Lewis states Barfield made short work of my chronological snobbery (qtd. in vs low cultures Duriez 45).

CHRONOLOGY (Greek: logic of time): The order in which events happen, especially when emphasizing a cause-effect relationship in history or in a narrative. CHTHONIC : Related to the dead, the grave, the underworld, or the fertility of the earth. In Greek mythology, the Greeks venerated three categories of spirits: (1) the Olympian gods, who were worshipped in public ceremonies--often outdoors on the east side of large columned temples in the agora , (2) ancestral heroes like Theseus and Hercules, who were often worshipped only in local shrines or at specific burial mounds, (3) chthonic spirits, which included (a) earth-gods and what to the manipulation of the goals?, death-gods like Hades, Hecate, and Persephone; (b) lesser-known (and often nameless) spirits of the departed; (c) dark and bloody spirits of vengeance like the Furies and Nemesis, and (d) (especially in Minoan tradition) serpents, which were revered as intermediaries between the vs low context, surface world of the living and the subterranean realm of the dead. This is why snakes were so prominent in the healing cults of Aesclepius. Ronald Tolkien's. It became common in Greek to speak of the Olympian in contrast to the cthonioi (those belonging to the earth). See Burkert 199-203 for context cultures detailed discussion. CHURCH SUMMONER : Medieval law courts were divided into civil courts that tried public offenses and ecclesiastical courts that tried offenses against the church. Summoners were minor church officials whose duties included summoning offenders to what term to the to accomplish specific goals? appear before the church and receive sentence. By the vs low, fourteenth century, the job became synonymous with extortion and term refers manipulation of the supernatural goals?, corruption because many summoners would take bribes from the individuals summoned to court.

Chaucer satirized a summoner in The Canterbury Tales . CINQUAIN : A five-line stanza with varied meter and rhyme scheme, possibly of medieval origin but definitely influenced after 1909 by Japanese poetic forms such as the tanka . High Cultures. Most modern cinquains are now based on the form standardized by an American poet, Adelaide Crapsey (1878-1918), in which each unrhymed line has a fixed number of syllables--respectively two, four, six, eight, and two syllables in each line--for a rigid total of 22 syllables. Here is probably the most famous example of a cinquain from Crapsey's The Complete Poems ; Three silent things: The falling snow. the hour. Before the what term of the supernatural specific, dawn. the mouth of one. Perhaps under the influence of diamante poems, many modern elementary school teachers have begun adding an additional set of conventions to the cinquain in which each line has a specific structural requirement: Line 1 - Consists of the two-syllable title or subject for context vs low context the poem. Line 2 - Consists of two adjectives totaling four syllables describing the subject or title. Line 3 - Consists of three verbs totaling six syllables describing the subject's actions. Line 4 - Consists of four words totaling eight syllables giving the writer's opinion of the subject.

Line 5 - Consists of one two-syllable word, often a synonym for the subject. These secondary conventions, however, are usually limited to children's poetic exercises, and professional poets do not generally follow these conventions. CIRCULAR STRUCTURE : A type of artistic structure in what term refers to the of the to accomplish which a sense of completeness or closure does not originate in high context cultures coming to a conclusion that breaks with the earlier story; instead, the sense of closure originates in the way the Tolkien's Essay, end of a piece returns to subject-matter, wording, or phrasing found at the beginning of the narrative, play, or poem. An example of circular structure might be The Secret Life of Walter Mitty, which ends with an ellipsis identical to the opening sequence, indicating that the middle-aged protagonist is engaging in yet another escapist fantasy. Leigh Hunt's poem Jenny Kissed Me is an example of a circularly-structured poem, since it ends with the same words that open the speaker's ecstatic, gossipy report. Langdon Smith's poem Evolution is circular in high context cultures its concluding repetition of the opening phrase, When you were a tadpole, and I was a fish, but it is John Reuel Tolkien's Accomplishments, also thematically circular, in that it implies the cycle of reincarnated love will continue again and again in spite of death. High Vs Low Context. In many ways, the smaller tales within a larger frame narrative act as part of a circular structure, because each small tale begins by what refers to the to accomplish goals? breaking the reader away from the context vs low context, larger, encompassing narrative and concludes by returning the reader to that larger frame-narrative. CITY DIONYSIA : See discussion under dionysia . CIVIC CRITICS : A school of 19th-century Russian literary scholars who judged the value of writing primarily by its political context and progressive ideas. They commonly wrote in oposition to Ronald Reuel Tolkien's Essay the aesthetic theories of the vs low, Parnassian Poets (Harkins 55). Example critics include Belinski (active in brion cemetery the 1840s), Dobrolyubov, and Chernyshevski.

CLANG ASSOCIATION : A semantic change caused because one word sounds similar to another. For instance, the high context context cultures, word fruition in Middle English meant enjoyment. In Modern English, its meaning has changed to completion because it sounds like the word fruit --hence the idea of ripeness, of growing to John Ronald Reuel Essay full size, as Algeo notes (314). CLASSICAL : The term in high vs low cultures Western culture is usually used in reference to brion cemetery the art, architecture, drama, philosophy, literature, and history surrounding the context vs low, Greeks and Romans between 1000 BCE and 410 BCE. Works created during the Greco-Roman period are often called classics . The Golden Age of Classical Greek culture is commonly held to by sandra cisneros be the fifth century BCE (especially 450-410 BCE). The term can be applied more generally to context vs low context cultures any ancient and cisneros, revered writing or artwork from high context vs low, a specific culture; thus we refer to cisneros Classical Chinese, Classical Hebrew, and Classical Arabic works. High. For extended discussion, click here.

To download a PDF handout placing the rosalind strong, periods of literary history in order, click here. CLASSICAL HAIKU : Another term for the hokku , the predecessor of the modern haiku . See hokku and haiku . CLAUSE : In grammatical terminology, a clause is any word-construction containing a nominative and a predicate, i.e., a subject doing a verb. Vs Low Context. The term clause contrasts with the term phrase . A phrase might contain nouns as appositives or objects, and rosalind strong, it might contain verb-like words in the form of participles or gerunds, but it crucially lacks a subject doing a verb. High Context. For example, consider this sentence: Joe left the building after seeing his romantic rival. Clause : Joe left the building. Phrase : after seeing his romantic rival. If the clause could stand by itself as a complete sentence, it is term refers to the manipulation of the supernatural to accomplish, known as an independent clause . If the clause cannot stand by context vs low itself as a complete sentence (typically because it begins with a subordinating conjunction), it is said to be a dependent clause . For expanded discussion and examples, click here. For a discusion of clauses according to functional type, click here ( TBA). CLERIHEW : In light verse, a funny poem of closed-form with four lines rhyming ABAB in irregular meter, usually about a famous person from history or literature. Typically the activation of dreams, historical person's name forms one of the rhymes. The name comes from vs low, Edmund Clerihew Bentley (1875-1956), the purported inventor.

He supposedly had a habit of scribbling down such rhymes during dull lectures at school, including this one from his chemistry class: Sir Humphrey Davy. He lived in the odium. Of having discovered sodium. CLICHÉ : A hackneyed or trite phrase that has become overused. Clichés are considered bad writing and brion cemetery, bad literature. Vs Low Context Cultures. Click here to by sandra download a PDF handout for high context context cultures more information. Cliché rhymes are rhymes that are considered trite or predictable. Cliché rhymes in poetry include love and dove , moon and June , trees and activation synthesis theory, breeze . Sometimes, to context cultures avoid cliché rhymes, poets will go to hyperbolic lengths, such as the trisyllabic rhymes in what term refers supernatural to accomplish specific Lord Byron's Don Juan . CLICHÉ RHYME : Cliché rhymes are rhymes that are considered trite or predictable. High Context Context. They include love and dove , moon and June , trees and breeze . Sometimes, to avoid cliché rhymes, poets will go to Ronald hyperbolic lengths, such as the trisyllabic rhymes in Lord Byron's Don Juan . CLICK : A sound common in some non-Indo-European languages in Polynesia made by clucking the tongue or drawing in air with the high context cultures, tongue rather than expelling it from the lungs--such as the sound represented by the letter combination tsk-tsk . Some linguists indicate this sound in transcribing Polynesian languages by inserting an exclamation mark to indicate the palatal click. For instance, the sociological paradigms, !chung tribe has a palatal click as part of its name.

CLIFFHANGER : A melodramatic narrative (especially in films, magazines, or serially published novels) in which each section ends at context vs low context, a suspenseful or dramatic moment, ensuring that the audience will watch the next film or read the next installment to find out Ronald Reuel Tolkien's Accomplishments what happens. High Context. The term comes from the common 1930's film-endings in which the sociological, main characters are literally left hanging on the edge of a cliff until the high context vs low context cultures, story resumes. The term cliffhanger has more loosely been applied to any situation, event, or contest in sociological paradigms which the outcome remains uncertain until the last moment possible. CLIMAX, LITERARY (From Greek word for ladder): The moment in high context vs low context a play, novel, short story, or narrative poem at which the brion cemetery, crisis reaches its point of greatest intensity and is thereafter resolved. It is also the peak of emotional response from a reader or spectator and usually the turning point in the action. The climax usually follows or overlaps with the crisis of a story, though some critics use the two terms synonymously. (Contrast with anticlimax , crisis , and denouement ; do not confuse with rhetorical climax , below.) CLIMAX, RHETORICAL : Also known as auxesis and crescendo , this refers to an artistic arrangement of a list of items so that they appear in a sequence of increasing importance. See rhetorical schemes for high context cultures more information. The opposite of climax is bathos . CLIP : To form a word by abbreviating a longer expression, or a word formed by the same process. For instance, the John Ronald Reuel Accomplishments Essay, word auto (as in auto shop) is a clipped form of automobile . CLOSE READING : Reading a piece of context vs low literature carefully, bit by bit, in order to analyze the significance of every individual word, image, and artistic ornament. Click here for rosalind strong more information.

The term is sometimes used synonymously with critical reading , though I arbitrarily prefer to reserve close reading as a reference for analyzing literature and critical reading as a reference for breaking down an essay's argument logically. Cf. critical reading . CLOSED POETIC FORM : Poetry written in a a specific or traditional pattern according to the required rhyme, meter, line length, line groupings, and number of lines within a genre of poetry. Examples of a closed-form poetry include haiku , limericks , and high context, sonnets , which have set numbers of syllables, lines, and traditional subject-matter. Contrast with open poetic form . CLOSURE (Latin clausura , a closing): Closure has two common meanings. First, it means a sense of completion or finality at the conclusion of play or narrative work--especially a feeling in the audience that all the problems have been resolved satisfactorily. Frequently, this sort of closure may involve stock phrases (and they lived happily ever after or finis ) or certain conventional ceremonial actions (dropping a curtain or having the actors in a play take a bow). The narrative may reveal the solution of the primary problem(s) driving the plot, the death of a major character (especially the antagonist, the protagonist's romantic interest or even the protagonist herself), or careful denouement . An example of extended denouement as closure occurs in George Eliot's Middlemarch , in which the author carefully explains what happened in later years to each character in what refers of the the novel. Closure can also come about by a radical alteration or change in high context cultures the imaginary world created by an author.

For instance, in J. R. R. Tolkien's The Lord of the Rings , much of the closure to the saga comes from the departure of the elves and wizards, who sail across the sea, leaving the my name by sandra, world of human men and women forever, an act which apparently causes magic to context cultures fade. Shakespearean comedies often achieve closure by what term refers to the supernatural specific having major characters find love-interests and declare their marital intentions. High Context. Other more experimental forms of literature and poetry may achieve closure by John Tolkien's Accomplishments circular structure , in vs low context which the poem or story ends by coming back to the narrative's original starting spot, or by returning a similar situation to what was found at the beginning of the tale. See discussion under denouement . Theory. Do note that some narratives intentionally seek to frustrate the audience's sense of closure. Examples of literature that reject conventions of closure include cliffhanger serials (see above), which reject normal closure in an attempt to gain returning audiences. Many postmodern narratives influenced by context vs low context cultures existential philosophy, on the other hand, reject closure as too simplistic and artificial in comparison with the complexities of human living. Secondly, some critics use the term closure as a derogatory term to imply the reduction of a work's meanings to a single and complete sense that excludes the claims of other interpretations.

For extended discussion of closure, see Frank Kermode's The Sense of An Ending: Studies in by sandra cisneros the Theory of Fiction , as reprinted in context context 2001. CLOWN : (1) A fool or rural bumpkin in Shakespearean vocabulary. Examples of this type of clown include Lance, Bottom, Dogberry, and other Shakespearean characters. (2) A professional jester who performs pranks, sleight-of-hand and juggling routines, and who sings songs or tells riddles and paradigms, jokes at court. Context Cultures. By convention, such jesters were given considerable leeway to activation theory speak on nearly any topic (even criticizing court policy) as long as the criticism was veiled in riddles and wordplay. Examples of this type in Shakespeare's work include Touchstone, Feste, and Lear's Fool. Cf. fool . COCKNEY : Originally, in Middle English times, the term cockney was a derogatory term for a dumb city-dweller. It comes from cock's egg, the idea that an vs low context cultures uneducated urbanite would be so ignorant he or she would not realize that a male rooster (a cock) would be the wrong gender to lay an egg. By Renaissance times, the word was applied to those living in the Bow Bells area of brion cemetery London in Cheapside, a working class district. Today, the high, term implies most strongly the spoken dialect of brion cemetery that area. Cockney dialect tends to be non-rhotic, with final -er pronounced as a schwa, and it often shows signs of high context vs low context t -glottalization. It frequently substitutes /r/ with /w/, and merges lexical sets like north/force and thought/start . The imprecise term Estuary English refers to brion cemetery spoken English in the southeast of Britain that merges linguistic traits of RP and Cockney, and recent dialect shift that appears to be spreading across the island.

See also Cockney Rhyming Slang , below. COCKNEY RHYMING SLANG : A form of high vs low slang in which the speaker substitutes one word in what term supernatural to accomplish goals? a sentence with another word or phrase that rhymes with the implied word--but which leaves out the actual, final rhyming part. This wordplay is associated with the high context vs low context cultures, dialect appearing in the Cheapside district of London's East End. The resulting sentence is by sandra, baffling for outsiders unfamiliar with the context cultures, tradition but provides a pleasing word puzzle to Cockney speakers. For examples, instead of Tolkien's Accomplishments Essay stating that The woman had exquisite legs, a Cockney speaker might say, The woman had exquisite bacons. Here, the phrase bacon- and-eggs rhymes with legs , so the speaker substitutes it for legs in the sentence, but deletes the final rhyming part of the phrase. CODE-SWITCHING : In bilingual or multilingual speech, rapidly changing from the vocabulary, grammar, and patterns of one language to another--often in mid-sentence. An example sentence to illustrate this process using Latin, Spanish, German, and French might read as follows: Imprimus, el commander qui runs his troops y sus attendants to context context cultures death in a blitzkrieg isn't tres sapiens, n'est-pas? [In the first place, the commander who runs his troops and his attendants to death in term to accomplish specific a sudden attack isn't very wise, right?] Although the term code-switching is one used in linguistics, code-switching as a phenomenon does appear in literature. The character of Salvatori the monk in Umberto Eco's The Name of the Rose engages continuously in code-switching among Latin, Spanish, French, Italian, and German tongues, for instance.

Code-switching is a common feature in Hispanic American English and in the fiction writings of Chicano authors. Cf. dog-latin and high context, macaronic texts . CODICOLOGY (from Latin codex , book): The study of books as physical artifacts. COGNATE : Cognates are words that (1) match each other to some degree in sound and meaning, (2) come from a common root in an older language, but (3) did not actually serve as a root for each other. For instance, in European Romance languages, many words trace their roots back to Latin. The Latin word unus (one) later became the root for a number of words meaning one such as une (French) and uno (Spanish). Une and uno are cognates --cousins or siblings on the family tree of languages--but unus is the root or ancestor for these relatives. The Hebrew shalom , Arabic salaam , and the Aramaic shelam are similar cognates all meaning peace. Cognates play an John Tolkien's important part in reconstructing dead languages such as proto-Indo-European , and they can be enormously helpful in learning new languages.

The amateur philologist should be cautious of false cognates, folk etymology , and faux amis , however. False cognates are words that happen to have a similar sound and meaning, but which are actually unrelated semantically and historically. Context. Folk etymologies are erroneous accounts of how a word came into existence. Typically, the originator of the error hears or reads an unfamiliar word. Theory Of Dreams. The orginator then fabricates a spurious source by linking the strange word to high context a more familiar expression or then fashions a pun based upon sound similarities. Faux amis are technically cognates in terms of what of the supernatural specific goals? their morphology, but in terms of their meaning, the words have drifted apart from each other across time, such as the English verb embarass (to humiliate) and the Spanish embarazar (to impregnate). COLLECTIVE NOUN, COLLECTIVE PRONOUN : A noun such as team or pair that technically refers to a collective group of individuals or individual items.

What makes them tricky in grammar? They can be singular or plural (e.g., one team , two teams , or one pair, two pairs .) Many students forget that and high vs low cultures, mistakenly treat the grammatically singular word as if it were always plural. Likewise, collective pronouns like some use the modifier rather than the headword for singular versus plural structure. Brion Cemetery. For instance, Some of the the workers are gone uses a plural verb, but Some of the work is done uses a singular verb. COLLECTIVE UNCONSCIOUS : In twentieth-century Jungian Psychology , this term refers to a shared group of archetypes (atavistic and universal images, cultural symbols, and recurring situations dealing with the fundamental facts of human life) passed along to each generation to the next in folklore and stories or generated anew by context cultures the way must face similar problems to those our ancestors faced. By Sandra Cisneros. Within a culture, the high context vs low, collective unconscious forms a treasury of powerful shared images and symbols found in our dreams, art stories, myths, and religious icons. See more detailed discussion under archetypal criticism . COLLOCATION : The frequency or tendency some words have to combine with each other. For instance, Algeo notes that the phrases tall person and high mountain seem to fit together readily without sounding strange. Activation Synthesis Of Dreams. A non-native speaker might talk about a high person or tall mountain, and this construction might sound slightly odd to a native English speaker. The difference is in collocation. COLLOQUIALISM : A word or phrase used everyday in plain and relaxed speech, but rarely found in formal writing. (Compare with cliché , jargon and slang .)

COLONIAL PERIOD : American and British historians use this term somewhat differently. Cultures. American scholars usually use the term colonial period to brion cemetery refer to the years in the American colonies before the American Revolution against the British Monarchy--usually dating it from 1607 (when Jamestown was founded) to context context cultures 1787 (when Congress ratified the Federal Constitution). Brion Cemetery. This period coincides roughly with the Reformation in England and continues up through the end of the Enlightenment or Neoclassical Period. American writers from the colonial period include Ben Franklin, Thomas Paine, and Anne Bradstreet. See also Neoclassic . Click here to download a PDF handout placing this period in historical context with other literary movments. When British historians use the term, they sometimes tend to high context apply the word colonial in more general reference to the British expansions into of dreams, the Americas, the Indies, India, Africa, and the Middle-East over the course of several centuries, even up to the nineteenth century and context, early twentieth century. See colonialism , below. COLONIALISM : The term refers broadly and generally to the habit of powerful civilizations to colonize less powerful ones. What Term To Accomplish Specific. On the obvious level, this process can take the form of a literal geographic occupation, outright enslavement, religious conversion at gun-point, or forced assimilation of native peoples. On a more subtle level, this process can take the form of context vs low cultures bureucratic policy that incidentally or indirectly leads to the extinction of a minority's language or culture, economic exploitation of cheap labor, and globalistic erasure of cultural differences. The term is often applied in academic discussion of literature from the colonial period.

We can see the concerns of colonialism and imperial ambition in the works of George Orwell's Shooting an theory Elephant, in context vs low cultures Rudyard Kipling's fictional tales about India, and in Josef Conrad's novella, Heart of Darkness . See Colonial Period , above. COMEDY (from Greek: komos , songs of merrimakers): In the original meaning of the word, comedy referred to a genre of term to the of the goals? drama during the Dionysia festivals of ancient Athens. The first comedies were loud and boisterous drunken affairs, as the word's etymology suggests. High Context Vs Low Context. Later, in medieval and Renaissance use, the word comedy came to mean any play or narrative poem in which the main characters manage to avert an impending disaster and have a happy ending. Brion Cemetery. The comedy did not necessarily have to be funny, and indeed, many comedies are serious in tone. It is only in the nineteenth and twentieth centuries that comedy's exclusive connotations of high vs low context humor arose. See also Low Comedy, High Comedy, Comedy of the Absurd , Comedy of Humors , and Comedy of Manners . COMEDY OF THE ABSURD : A modern form of comedy dramatizing the theory of dreams, meaninglessness, uncertainty, and pointless absurdity of human existence. A famous example is Samuel Beckett's Waiting for Godot . Cf. existentialism . COMEDY OF HUMORS : A Renaissance drama in which numerous characters appear as the embodiment of stereotypical types of people, each character having the physiological and behavioral traits associated with a specific humor in the human body. The majority of the cast consists of such stock characters. (See humors, bodily for more information.) Some of Shakespeare's characters, including Pistol, Bardulph, and others, show signs of having been adapted from the stereotypical humor characters.

In literature, a humor character was a type of cultures flat character in whom a single passion predominated; this interpretation was especially popular in Elizabethan and other Renaissance literature. See also stock character . COMEDY OF INNOCENCE : We have two definitions here. (1) In anthropological terms, a comedy of innocence is a ritualized symbolic behavior (or set of such behaviors) designed to alleviate individual or communal guilt about an execution or sacrifice or to hide the blame for such an action. In ancient Greece, the ax or dagger used in what term to the of the supernatural specific goals? a sacrifice might be put on trial (instead of the priest wielding it). The sacrificial animal might be required to volunteer by shaking its head or by walking up to the altar to eat the grain sitting on it. The sacrificial victim might be condemned to execution after being released where it could set foot in high context vs low a forbidden holy grove or taboo sacred mountain (cf. Brion Cemetery. Exodus 19:12-13 and Judges 11:30-40). In America, we see remnants of the comedy of vs low cultures innocence in customs such as the 19th-century's hangman's black mask (to erase the executioner's identity) or the custom of granting the condemned prisoner's last request or final meal (to alleviate any sense of cruelty on the jailer's part). (2) A specific myth told by later generations to erase or hide ancient evidence of what looks like the sociological paradigms, practice of human sacrifice in earlier times. For instance, a number of local Greek myths describe characters like Leucothea, Palaemon, and Glaucus; they fall or are thrown into the sea where they are magically transformed into sea-gods. Given the relative insignificance of these gods in the Greek pantheon , it is likely this sort of tale either (a) developed out of local hero cults or (b) the tale alludes to an ancient or prehistoric belief that drowned sacrificial victims would live on as animistic spirits.

Another common version of the comedy of innocence is the motif of high context context cultures a human sacrificial victim (usually a child) who is miraculously saved ( deus ex machina ) and an animal substituted in his or her place. For example, in some Greek myths, Iphigenia is replaced by a white hind before her father can sacrifice her to gain good winds for the Trojan voyage. Phrixus gets whisked to safety by a Golden Ram, which is then sacrificed in the young boy's place. Theory. In the high context cultures, Hebrew Bible, Yahweh stops Abraham from my name cisneros, killing Isaac, and he directs Abraham's attention to context vs low context cultures a ram with its horns caught in a thicket (Genesis 22:9-13). Scholars of mythology often see the dozens of rosalind strong such tales appearing cross-culturally and interpret them as having their origins in the comedy of innocence. COMEDY OF MANNERS : A comic drama consisting of five or three acts in which the attitudes and vs low cultures, customs of John Ronald Tolkien's Essay a society are critiqued and satirized according to high standards of intellect and morality. The dialogue is usually clever and sophisticated, but often risqué . Characters are valued according to their linguistic and intellectual prowess.

It is the opposite of the context context cultures, slapstick humor found in rosalind strong a farce or in a fabliau . COMIC OPERA : An outgrowth of the eighteenth-century ballad operas, in which new or original music is high context context, composed specially for the lyrics. (This contrasts with the my name cisneros, ballad opera , in which the lyrics were set to pre-existing popular music.) COMIC RELIEF : A humorous scene , incident, character , or bit of dialogue occurring after some serious, tragic, or frightening moment. High Context Vs Low. Comic relief is deliberately designed to relieve emotional intensity and simultaneously heighten and highlight the seriousness or tragedy of the action. Macbeth contains Shakespeare's most famous example of rosalind strong comic relief in the form of a drunken porter. Another is just after the climactic scene in Dante's Inferno , in which Dante encounters Satan himself frozen in context vs low context cultures ice. Paradigms. The demon initially terrified Dante, but the narrator's fear falls way to the reader's laughter in a comic reversal in which Dante and Virgil climb down Satan's body and move through the center of the earth's gravity, at which point Dante is confused by the way gravity reverses, looks upward, and finds himself directly staring at Satan's nether regions, writing, . . . I beheld him upward hold his legs. High Context Vs Low Context Cultures. // And if I then become disguieted, / Let stolid people think who do not see / What the point is theory of dreams, beyond which I had passed (34.90-93). COMING-OF-AGE STORY : A novel in which an adolescent protagonist comes to adulthood by a process of high context vs low experience and disillusionment. This character loses his or her innocence, discovers that previous preconceptions are false, or has the Ronald Tolkien's Accomplishments, security of childhood torn away, but usually matures and context context cultures, strengthens by this process. Examples include Wieland's Agathon , Herman Raucher's Summer of to the manipulation of the supernatural to accomplish goals? '42 , Ray Bradbury's Dandelion Wine , Joyce's A Portrait of the Artist as a Young Man , and Jane Austen's Northanger Abbey . High Context. The most famous examples are in by sandra cisneros German. In German, a tale in the genre is called a Bildungsroman or a Erziehungsroman . Examples include Goethe's Die Leiden des jungen Werthers and Thomas Mann's Königliche Hoheit . COMITATUS : (Latin: companionship or band): The term describes the tribal structure of the Anglo-Saxons and high vs low cultures, other Germanic tribes in which groups of brion cemetery men would swear fealty to a hlaford (lord) in exchange for food, mead, and heriot , the loan of fine armor and weaponry.

The men who swore such an oath were called thegns (roughly akin to modern Scottish thane), and they vowed to fight for their lord in battle. It was considered a shameful disaster to outlive one's own lord. The comitatus was the functional military and government unit of context cultures early Anglo-Saxon society. The term was first coined by the classical historian Tacitus when he described the Germanic tribes north of Rome. COMMEDIA DELL'ARTE : A genre of Italian farce from the sociological, sixteenth-century characterized by stock characters , stock situations, and spontaneous dialogue. Typically, the plot is an context intrigue plot and John Ronald Accomplishments Essay, it involves a soubrette who aids two young lovers in vs low cultures foiling the rigid constraints of what refers manipulation of the supernatural their parents. Vs Low. In many such plays, a character named Sganarelle is a primary figure in the work. Rosalind Strong. Often there is a zani , or foolish-servant, who provides physical comedy in contrast to the anguish of the young lovers.

In the end, the couple achieves a happy marriage. High Vs Low. Commedia dell'arte may have influenced Shakespeare's comedies, such as The Merry Wives of Windsor , and Moliere's plays, such as L'amour Medecin , commonly translated into English as Love is the Doctor . COMMON MEASURE : Also called common meter , common measure consists of closed poetic quatrains rhyming ABAB or ABCB , in sociological which the high vs low, lines of iambic tetrameter (eight syllables) alternate with lines of iambic trimeter (six syllables). This pattern is most often associated with ballads (see above), and paradigms, it is occasionally referred to as ballad measure. Many of Emily Dickinson's poems are in context context cultures loose common measure using slant rhyme , for instance: Much Madness is divinest Sense--

To a discerning Eye-- Much Sense--the starkest Madness-- 'Tis the Majority. A fun and simple test to recognize common measure in poetry is to take a stanza and try singing it aloud to a well-known tune written in common meter, such as Gilligan's Isle, Amazing Grace, or House of the Rising Sun. My Name By Sandra. If the syllabification fits these familiar ditties, you are looking at a case of common measure. COMMONIZATION : The linguistic term for an eponym--a common word that is derived from the proper name of vs low context cultures a person or place. For instance, the sandwich gained its name from its inventor, the by sandra, fourth Earl of high vs low cultures Sandwich.

The word lynch comes from Captain William Lynch, who led bands of vigilantes to hang hoboes and bums residing near Pittsylvania County. The verb shanghai , meaning to term manipulation supernatural to accomplish specific kidnap or press into forced labor, comes from the practices of conscription common in the oriental city of Shanghai. The word stentorian comes from the loud-mouthed Stentor in Greek legend, and high context context cultures, herculean comes from the muscle-bound Hercules, and so on. COMPERT (plural: comperta ): Specifically, birth-tales in Old Irish literature that detail the conception and birth of a hero. Examples include the Compert Con Culainn ( Birth of Cú Chulainn ). Usually supernatural or extraordinary events involve themselves in brion cemetery the conception, such as the high context cultures, Druid Cathbad's seduction of by sandra Nessa after prophesying what the hour would be lucky for (begetting a king upon a queen!) or the high context vs low context, visitation of brion cemetery a god like Lug to high context a woman who then becomes pregnant after the synthesis of dreams, divine visitation. Context Cultures. The birth-tale in general is not limited to Old Irish Literature, but is found worldwide (Duffy 102-03). Examples outside of brion cemetery Irish literature include the context, birth of Jesus, or the Buddha, or Leda and Hercules in Greek myth, Pryderi's conception in the First Branch of The Mabinogion , or King Arthur's conception in Arthurian legends. COMPLETENESS : The second aspect of activation Aristotle's requirements for a tragedy.

By completeness, Aristotle emphasizes the logic, wholeness, and closure necessary to high context context satisfy the paradigms, audience. COMPOSITE MONSTER (in architecture, often called a chimera after the Greek monster): The term is one mythologists use to describe the fantastical creatures in Assyrian, Babylonian, Greek, and medieval European legends in which the high vs low cultures, beast is rosalind strong, composed of the body-parts of various animals. For instance, in Greek mythology, the chimera has the body of a lion, tale of high a serpent, wings of a bat, and a goat-head, a lion-head, and a serpent's head. Likewise, the sphinx has a lion's body and brion cemetery, a woman's head and breasts; the centaur has a horse's body and vs low cultures, human torso and a human head where the horse-head should be; the paradigms, minotaur has a bull's head and a man's body; and the harpy has an avian body and a woman's head, breasts, and arms. High. Earlier examples in Mesopotamian mythology include the ekimmu (a bloodsucking albino ghost with a bull's head) and the lamassu (a winged horse with a human head).

In the medieval period, composite monsters include the formecolion, with an ant's body and what refers of the supernatural to accomplish goals?, a lion's head; the mermaid, with a human top and a fish bottom; and the cockatrice, which mingles parts of a rooster and a serpent. Contrast with additive monster , above. Composite monsters were common in the legends of high context cultures classical and ancient cultures, but diminished in synthesis theory favor after the Renaissance. Many theories propose to explain the common tendency to create composite monsters. Theories include mistranslation in high vs low traveler's tales, in which an animal is describing as having a head like such-and-such a creature, but the simile is rosalind strong, lost in high context vs low translation; the encounter of fossil remnants of John Ronald Essay extinct animals, or bones found jumbled together and high vs low context, misassembled; and of dreams, the heraldic practice of context vs low dimidiation , in which a nobleman's son might take two animals found on his father's and mother's coats of arms combine them into a composite creature to illustrate his genealogy. An example in my name 20th century films includes The Fly . In this 1950s horror classic, a fly and a human trade bodies and heads. Cf. therianthropic and theriomorphic . COMPOSITOR : A typesetter in a Renaissance print shop. To speed the printing process, most of Shakespeare's plays appear to context cultures have been set by multiple compositors. As Greenblatt notes, Compositors frequently followed their own standards in spelling and punctuation. They inevitably introduced some errors into the text, often by selecting the wrong piece from the type case or by setting the correct letter upside-down (1141).

COMPOUNDING : A term from linguistics used to what manipulation of the supernatural specific describe the creation of context cultures a new word ( neologism ) that comes about by taking two existing words and sticking them together to create a brand new concept (Horobin 192). Term Refers Of The To Accomplish Specific. All languages do this to some extent. For instance, the word hydrogen comes from two Greek words meaning water and stuff. However, Germanic languages and Germanic poetry (including derivatives like English) are particularly prone to creating new words this way. Thousands of English words result from two older words being compounded together, such as bathtub (bath + tub), eyesore (eye + sore); window (from two Old Norse words meaning wind and eye), and so on. However, poets regular invent neologisms by compounding to create artificial words of their own.

Even Chaucer engaged in this trick, coining the word newfangled from the English new and the Middle French fanglere , meaning to make or to fashion. See neologism , blending , and kenning . COMPURGATION : In addition to high context vs low trial by synthesis theory of dreams ordeal , compurgation was the medieval law practice among Christianized Anglo-Saxon tribes to determine innocence. A man accused of a crime would publicly swear to high context cultures his innocence. The judge then gave the theory of dreams, defendant thirty days to to collect a number of oath-helpers who would also swear to his innocence (or at least his good character). If he was unable to find the required number, he was either found guilty or he could appeal to trial by context vs low cultures ordeal. If the brion cemetery, defendant had been caught in the act, or was considered untrustworthy, the procedure could be reversed, and the plaintiff would bring forth oath-helpers to prove his charge through similar compurgation. CONCEIT (also called a metaphysical conceit) : An elaborate or unusual comparison--especially one using unlikely metaphors, simile, hyperbole, and high context, contradiction. Before the what to the manipulation of the supernatural to accomplish goals?, beginning of the seventeenth century, the term conceit was a synonym for thought and roughly equivalent to idea or concept. It gradually came to denote a fanciful idea or a particularly clever remark.

In literary terms, the word denotes a fairly elaborate figure of speech, especially an extended comparison involving unlikely metaphors , similes , imagery , hyperbole , and oxymora . Vs Low Context. One of the most famous conceits is John Donne's A Valediction: Forbidding Mourning, a poem in which Donne compares two souls in love to the points on a geometer's compass. Shakespeare also uses conceits regularly in his poetry. In Richard II , Shakespeare compares two kings competing for power to two buckets in a well, for instance. A conceit is usually classified as a subtype of metaphor . Contrast with epic simile and dyfalu . CONCRETE DICTION / CONCRETE IMAGERY : Language that describes qualities that can be perceived with the five senses as opposed to using abstract or generalized language. For instance, calling a fruit pleasant or good is abstract , while calling a fruit cool or sweet is of dreams, concrete . The preference for context context abstract or concrete imagery varies from century to century. Philip Sidney praised concrete imagery in poetry in brion cemetery his 1595 treatise, Apologie for Poetrie . High Context Cultures. A century later, Neoclassical thought tended to value the generality of abstract thought. In the early 1800s, the Romantic poets like Wordsworth, Coleridge, and Shelley once again preferred concreteness. In the rosalind strong, 20th century, the distinction between concrete and abstract has been a subject of some debate.

Ezra Pound and T. E. Hulme attempted to create a theory of concrete poetry. T. S. Eliot added to context this school of thought with his theory of the objective correlative. Cisneros. Contrast with abstract diction / abstract imagery . CONCRETE POETRY : Poetry that draws much of its power from the way the text appears situated on the page. The actual shape of the lines of text may create a swan's neck, an altar, a geometric pattern, or a set of wings, which in some direct way connects to the meaning of the words. Also called shaped poetry and visual poetry, concrete poetry should not be confused with concrete diction or concrete imagery (see above). The object here is to context vs low context cultures present each poem as a different shape. It may appear on rosalind strong, the page, on glass, stone, wood, or other materials. The technique seems simple, but can allow great subtlety.

Famous concrete poets include Apollinaire, Max Bill, Eugen Gomringer and the Brazilian Noigandres Group, which exhibited a collection of concrete art at vs low context cultures, Sào Paulo in 1956. In Germany, this school of poetry is called konkretisten by critics. It includes Ernst Jandl, Achleitner, Heissenbüttel, Mon, and Rühm. Since World War II, further experimentation in concrete poetry has taken place by British poets, including Simon Cutts, Stuart Mills, and Ian Hamilton Finlay. Brion Cemetery. See also diamante . CONFLATION : In its more restricted literary sense, a conflation is a version of a play or narrative that later editors create by combining the text from more than one substantive edition. For example, Greenblatt notes that most versions of King Lear published since the 1700s are conflations of the high vs low context cultures, Quarto and First Folio editions of the original Renaissance texts. CONFLICT : The opposition between two characters (such as a protagonist and an antagonist), between two large groups of people, or between the brion cemetery, protagonist and a larger problem such as forces of nature, ideas, public mores, and so on. Conflict may also be completely internal, such as the protagonist struggling with his psychological tendencies (drug addiction, self-destructive behavior, and high context vs low cultures, so on); William Faulkner famously claimed that the most important literature deals with the subject of the by sandra cisneros, human heart in conflict with itself. Conflict is the engine that drives a plot.

Examples of narratives driven mainly by conflicts between the protagonist and context vs low, nature include Jack London's To Build a Fire (in which the Californian struggles to save himself from freezing to death in Alaska) and Stephen Crane's The Open Boat (in which shipwrecked men in activation a lifeboat struggle to stay alive and high context cultures, get to shore). Examples of narratives driven by conflicts between a protagonist and an antagonist include Mallory's Le Morte D'arthur , in which King Arthur faces off against his evil son Mordred, each representing civilization and barbarism respectively. Examples of by sandra narratives driven by internal struggles include Daniel Scott Keyes' Flowers for Algernon, in context which the hero struggles with the loss of his own intelligence to congenital mental retardation, and brion cemetery, Edgar Allan Poe's The Tell-Tale Heart, in which the protagonist ends up struggling with his own guilt after committing a murder. In complex works of high context context cultures literature, multiple conflicts may occur at once. For instance, in Shakespeare's Othello , one level of conflict is the unseen struggle between Othello and the machinations of Iago, who seeks to destroy him. Rosalind Strong. Another level of conflict is Othello's struggle with his own jealous insecurities and his suspicions that Desdemona is high context vs low, cheating on him. CONFUCIAN CLASSICS : Five ancient Chinese writings commonly attributed to Confucius, though it is likely they are actually compilations of traditional material predating him. The five classics include the I Ching ( The Book of my name cisneros Changes ), the Shu Ching ( The Book of History ), the Shih Ching , ( The Book of Odes ), the Record of Rites ( Li Chi ), and high context vs low, the Spring and sociological, Autumn Annals . To see where this material fits in an outline of Chinese history, click here. CONJUGATION : The inflection of high context a verb to activation theory of dreams show its person, number, mood, or tense. Here is a sample conjugation of the high context vs low context, present tense indicative forms of to sing in activation of dreams English and cantar in Spanish: CONNOTATION : The extra tinge or taint of meaning each word carries beyond the minimal, strict definition found in a dictionary.

For instance, the terms civil war , revolution and rebellion have the same denotation; they all refer to an attempt at social or political change. However, civil war carries historical connotations for Americans beyond that of revolution or rebellion . Context Context. Likewise, revolution is often applied more generally to scientific or theoretical changes, and it does not necessarily connote violence. Rebellion , for many English speakers connotes an improper uprising against a legitimate authority (thus we speak about rebellious teenagers rather than revolutionary teenagers). In the same way, the paradigms, words house and high context vs low context, home both refer to a domicile, but home connotes certain singular emotional qualities and personal possession in a way that house doesn't. I might own four houses I rent to others, but I might call none of term refers manipulation of the to accomplish goals? these my home , for example. Much of poetry involves the poet using connotative diction that suggests meanings beyond what the words simply say. Contrast with denotation . CONSONANCE : A special type of alliteration in which the high context vs low context, repeated pattern of rosalind strong consonants is marked by changes in the intervening vowels--i.e., the final consonants of the stressed syllables match each other but the vowels differ. Context Cultures. As M. H. Abrams illustrates in The Norton Anthology of English Literature , examples include linger , longer , and languor or rider , reader , raider , and rosalind strong, ruder . Do not confuse consonance with a consonant (see below).

See also assonance and sound symbolism . CONSONANT : A speech sound that is not a vowel. To download a PDF file listing consonants and their symbols in vs low the International Phonetic Alphabet, click here. CONSUETUDINAL BE : Uninflected use of the verb be to indicate habitual or frequent action. This grammatical structure is characteristic of Black Vernacular . What Of The To Accomplish. An example would be as follows: What you be doing on Thursdays? I be working every afternoon. Users of standard edited English typically frown on this grammatical formation. CONTEMPORARY LITERATURE : Literature written at the present moment. Although the writers in every century would consider themselves contemporary or modern, when speakers use this term, they almost always mean either modernist or postmodernist literature. COTERIE WRITING : Writing intended originally for the amusement or edification of a small circle of friends or family rather than for publication or public perusal. Often, however, such writings later become adopted or modified for publication. Sometimes, the author does this; in other cases, later editors do this posthumously.

Famous examples include Mary Shelley originally created Frankenstein as part of cultures a ghost-story contest amongst her friends and literary comrades. Aphra Behn originally wrote many of synthesis theory her poems as part of coterie writing, though most of her plays, her philosophical treatises, and Oronooko appear to vs low context cultures have penned with a deliberate eye toward publication or financial gain. CONTEXTUAL SYMBOL : A unique or original symbol an author creates within the context of an individual work or an author's collected works. Examples include the Snopes family in Faulkner's collected works, who together function as a symbol of the South's moral decay, or the town of Castle Rock, Maine, which in Stephen King's works functions as a microcosmic symbol of human society. Contrast with cultural symbol , below. CONTRACTION : The squeezing together of sounds or words--especially when one word blurs into another--during fast or informal speech. Contractions such as I'm (I am), he's (he is), and they're (they are) are common in verbal communication, but they are often considered too loose for more formal writing. CONTRAPASSIO (counter-suffering): A thematic principle involving situational irony in which a punishment's nature corresponds exactly to the nature of a crime.

Much of brion cemetery Dante's Inferno revolves around elaborate contrapassio . CONTROL TEXT : A specific text upon which a modern edition is based. Context Cultures. For instance, there are at least three dominant manuscript traditions of Langland's Piers Plowman poem: the A-text, the paradigms, B-text, and the C-text (and possibly a Z-text, as recent scholarship has tentatively suggested). These versions contain different dialogue, different wording, and different spelling; they do not all contain the same passages and do not include identical storylines. A modern editor must either choose one to use as the basis of high context vs low context cultures a modern edition, or she must create a conflation . Several Shakespeare plays vary wildly between the quarto and sociological, folio versions--including Hamlet and King Lear . In other cases, such as Le Morte D'Arthur , a modern editor must choose between using a manuscript source for his control text (such as the Winchester Manuscript) or a printed source (such as Caxton's printed Renaissance edition). CONVENTION : A common feature that has become traditional or expected within a specific genre (category) of literature or film.

In Harlequin romances, it is conventional to focus on a male and high vs low context cultures, female character who struggle through misunderstandings and difficulties until they fall in love. My Name. In western films of the early twentieth-century, for instance, it has been conventional for high context context cultures protagonists to wear white hats and activation theory, antagonists to wear black hats. Context Context. The wandering knight-errant who travels from place to place, seeking adventure while suffering from the Reuel Accomplishments, effects of hunger and the elements, is a convention in medieval romances. It is a convention for an English sonnet to have fourteen lines with a specific rhyme scheme, abab , cdcd , efef , gg , and so on. The use of a chorus and the unities are dramatic conventions of Greek tragedy, while, the aside , and the soliloquy are conventions in Elizabethan tragedy. Conventions are often referred to high context vs low context as poetic, literary, or dramatic, depending upon Reuel Accomplishments Essay whether the convention appears in high cultures a poem, short story or novel, or a play. CONVENTIONAL : A conventional linguistic trait is an arbitrary one learned from others, not one determined by John some natural law or genetic inheritance.

Today, most linguists think most vocabulary and grammar are conventional, but some linguists in previous centuries believed ethnicity affected language development and acquisition. CORPUS CHRISTI PLAY : A religious play performed outdoors in the medieval period that enacts an event from the Bible, such as the story of Adam and Eve, Noah's flood, the crucifixion, and so on. High Context Context Cultures. The word is sociological, derived from the religious festival of Corpus Christi (Latin: The Body of Christ). See also cycle and mystery play . CORRESPONDENCES : An integral part of the medieval and Renaissance model of the context vs low context, universe known as the paradigms, Chain of Being. The idea was that different links on the Chain of Being were interconnected and had a sort of sympathetic correspondence to each other.

Each type of high being or object (men, beasts, celestial objects, fish, plants, and rocks) had a place within a hierarchy designed by God. Each type of object had a primate , which was by nature the my name by sandra cisneros, most noble, rare, valuable, and superb example of high context context cultures its type. For instance, the king was primate among men, the lion among beasts, the sun among celestial objects, the whale among fish, the oak among trees, and the diamond among rocks. Often, there was a symbolic link between primates of different orders--such as the my name by sandra, lion being a symbol of royalty, or the king sleeping in high a bed of oak. This symbolic link was a correspondence. However, correspondences were thought to exist in sociological the material world as well as in the world of ideas. Disturbances in nature would correspond to disturbances in the political realm (the body politic ), in high vs low the human body (the microcosm ), and in the natural world as a whole (the macrocosm ). For instance, if the king were to become ill, Elizabethans might expect lions and beasts to fall sick, rebellions to sociological paradigms break out in the kingdom, individuals to develop headaches or fevers, and stars to fall from the sky. All of high context context cultures these events could correspond to each other on the chain of being, and each would coincide with the others.

For more information about correspondences and sociological, the Chain of Being, click here. COSMIC IRONY : Another term for situational irony--especially situational irony connected to a fatalistic or pessimistic view of life. See discussion under irony , below. COTHURNI : The Greek word for the elevator-shoes worn by important actors on stage. See discussion under buskins . COTTON LIBRARY, THE : One of the most important collections of Old and Middle English texts. Click here for details. COTTON NERO A.X : The Middle English manuscript that includes Pearl , Cleanness , Patience , Sir Gawain and the Green Knight , and the Legend of high context Saint Erkenwald . My Name By Sandra. Click here for details. COTTON VITELLIUS A.XV : The Old English manuscript that includes The Passion of Saint Christopher , The Wonders of the East , and The Letter of high context vs low Alexander to Aristotle , Beowulf , and the Old English translation of Judith . Click here for details. COUNTING : A technique of determining stylistic qualities of rosalind strong a piece of writing by counting the numbers of words in context paragraphs or sentences, and determining the average number of modifiers, average word lengths, and so on. COUPLET : Two lines--the second line immediately following the first--of the John Ronald Tolkien's Essay, same metrical length that end in a rhyme to form a complete unit. High Context Vs Low. Geoffrey Chaucer and other writers helped popularize the form in English poetry in the fourteenth century.

An especially popular form in later years was the heroic couplet , which was rhymed iambic pentameter. It was popular from the sociological, 1600s through the late 1700s. Much Romantic poetry in the early 1800s used the couplet as well. A couplet that occurs after the volta in an English sonnet is called a gemel (see sonnet, volta, gemel ). COURT OF LOV E : In medieval convention, a court of love is an high context assemblage of women presided over by a queen or noblewoman.

At this mock-court, various young knights or courtiers are summoned to court and put on trial by the ladies for sociological their crimes against context context love. These crimes might be neglecting their sweethearts, failing to wear their ladies' tokens at jousts, and so on. Chaucer himself may have been summoned to a court of love for his libelous depiction of Criseyde in Reuel Tolkien's Troilus and Criseyde , and Queen Anne may have required him to write The Legend of Good Women as a penance for his literary crimes. In The Wife of Bath's Tale, we find an inversion of the normal play-acting in which King Arthur gives Gwenevere and her ladies the right to try a rapist-knight for his crimes. High Vs Low Context. Here, the women literally have power of life or death over Ronald Tolkien's the subject. Andreas Capellanus discusses the courts of love in his medieval writings, and more recent scholars such as C. S. Lewis ( The Allegory of cultures Love ) and term refers to the manipulation of the supernatural, Amy Kelly ( Eleanor of Aquitaine ) discuss the convention at length. High Vs Low Context. Cf. demand d'amour . COURTLY LOVE (Medieval French: fin amour or amour courtois ): Possibly a cultural trope in the late twelfth-century, or possibly a literary convention that captured popular imagination, courtly love refers to a code of behavior that gave rise to modern ideas of chivalrous romance. The term itself was popularized by C. S. Lewis' and Gaston Paris' scholarly studies, but its historical existence remains contested in critical circles. The conventions of courtly love are that a knight of noble blood would adore and brion cemetery, worship a young noble-woman from afar, seeking to high vs low context cultures protect her honor and by sandra cisneros, win her favor by valorous deeds. He typically falls ill with love-sickness, while the woman chastely or scornfully rejects or refuses his advances in high context public but privately encourages him.

Courtly love was associated with (A) nobility, since no peasants can engage in fine love; (B) secrecy; (C) adultery, since often the one or both participants were married to another noble who was unloved; and (D) paradoxically with chastity, since the passion should never be consummated due to social circumstances, thus it was a higher love unsullied by selfish carnal desires or political concerns of arranged marriages. In spite of this ideal of chastity, the knightly characters in literature usually end up giving in to their passions with tragic results--such as Lancelot and Guenevere's fate, or that of Tristan and Iseult. We associate courtly love with French literature primarily, but the concept permeated German and John Ronald Reuel Tolkien's, Italian literature as well. The German equivalent of fin amour is Minne (hence Minnesänger ), and the Italian poets of the dolce stil nuovo cultivated similar subject matter. The convention of courtly love eventually becomes a source of parody. Andreas Capellanus' Rules of Courtly Love provides a satirical guide to the endeavor, and Chretien de Troyes satirizes the conventions in his courtly literature as well. Similar conventions influence Petrarch's poetry and Shakespeare's sonnets. These sonnets often emphasize in particular the idea of high vs low love from afar and unrequited love, and paradigms, make use of imagery and wording common to the earlier French tradition. In terms of whether or not practices of high context vs low context cultures courtly love were a historical reality, scholars are loosely divided into by sandra, schools of thought, as William Kibler notes. High Vs Low Context. The first group, the so-called realists, argue that such institutions truly did exist in the Middle Ages and the literature of the time reproduces this realistically.

The opposing school, the so-called idealists, argue that (at best) courtly love was a court game taken ironically as a joke, or (at worst) post-Romantic/Victorian readers have superimposed their own ideals and wishes on medieval culture by exaggerating these components. CRADLE TRICK : A sub-category of the my name by sandra, bed-trick , this is a folk motif in which the position of context vs low a cradle in a dark room leads one character to climb into bed with the wrong sexual partner. It appears prominently in Chaucer's The Reeve's Tale. In the Aarne-Thompson folk-index, this motif is usually numbered as motif no. 1363. CREEPYPASTA : A short story posted online designed to shock, frighten, or disconcert the reader. For more discussion, see ghost story . CREOLE : A native language combining the rosalind strong, traits of multiple languages, i.e., an vs low advanced and fully developed pidgin. In the American South, black slaves were often brought in brion cemetery from a variety of African tribes sharing no common language. High Context Vs Low Cultures. On the plantation, they developed first a pidgin (limited and simplified) version of English with heavy Portuguese and African influences. This pidgin allowed slaves some rudimentary communication with each other and with their slave masters.

In time, they lost their original African languages and the mixed speech became the native tongue of their children--a creole. Contrast with pidgin . CRESCENDO : Another term for what term manipulation of the to accomplish goals? rhetorical climax . See climax, rhetorical , above. CRISIS (plural: crises ): The turning point of uncertainty and tension resulting from earlier conflict in a plot. Vs Low Cultures. At the moment of rosalind strong crisis in a story, it is unclear if the high context context, protagonist will succeed or fail in cisneros his struggle. The crisis usually leads to or overlaps with the climax of high vs low cultures a story, though some critics use the two terms synonymously. See climax, literary , above. CRITICAL READING : Careful analysis of an rosalind strong essay's structure and logic in order to determine the context context cultures, validity of an argument.

Often this term is used synonymously with close reading (see above), but I prefer to reserve close reading for the artistic analysis of literature. Click here for more information about synthesis theory, critical reading. Cf. close reading . CRITICUS APPARATUS : The scholarly notations in a critical edition (especially a variorum edition) in which the editor indicates all the context context, known variations of a particular text. The apparatus often appears running along the bottom of rosalind strong each page or sometimes in the back of the high vs low context cultures, book, and often incorporates editorial footnotes and synthesis theory, glosses. The apparatus can appear quite cryptic to students unfamiliar with the context vs low cultures, formulaic abbreviations in scholarly use. For instance, below is an illustrative notation from A. V. C. John. Schmidt's criticus apparatus for Passus I, line 1, of the Everyman edition of William Langland's Piers Plowman , page 14:

Collation WHmCrGYOC2CLMHRF. RUBRIC Passus primus de visione Wr (pr] Secundus F; de v.] de petri le ploughman BR; om O); om GC2. This notation indicates subsequent lines are collated together in thirteen of the surviving manuscripts, each manuscript being indicated by a special abbreviation. Furthermore, the opening line in manuscripts W and r has a Latin title written in context cultures red ink (rubricated) as indicated, but another manuscript F has labeled it as secundus rather than primus, while the B and R manuscripts label it in a combination of French and Latin, and so on. A good criticus apparatus helps document all this diversity by gathering it together, line-by-line, for refers to the manipulation of the specific convenient comparison at context vs low context, a glance, but the editor presumes the reader knows the dense, standardized abbreviations involved in this notation. For a clearer, hypothetical example, let us imagine Edgar Allan Poe has a poem surviving in three slightly different forms. Accomplishments. The most widespread version Poe had published by context vs low cultures Smith Publishing early in his career.

Ten years later, Poe revised the poem for John Tolkien's Accomplishments a new publisher, Baker Books, and they printed this revision a few years after Poe's death. Last of all, a third unpolished version survives in context context Poe's own handwritten notes. Scholars discover this last manuscript version squirreled away in the Morgan Library in 2012. Modern editors would compile these three sources and select what they consider the best text. However, they must not ignore the alternative versions by my name by sandra leaving them unnoted and unannotated; that would effectively erase them from history. High Vs Low. Accordingly, the editors might add a criticus apparatus . Here, they would note the relevant line number and Ronald Reuel Tolkien's Accomplishments, indicate alternatives. The first version by Smith Books (abbreviated S) has the phrase Conqueror Worme appear in line six.

The version by Baker Books (abbreviated B) has a slightly different archaic spelling Conqueror Wyrm in the same spot. Finally, Poe's own original handwritten rough draft of the poem survives among his papers in the Morgan Library (abbreviated Ml). This manuscript uses the abbreviation Conqu. Wm. scrawled in that line. Now, a modern scholar wants to publish an authoritative version of Poe's poem a century later. This modern editor chooses to emend the line to a standardized spelling of Conqueror Worm. The criticus apparatus at the bottom of the context context cultures, page might consist of a footnote such as this: 6 Conqeror Worm ] S: Conqueror Worme ; B: Conqueror Wyrm , Ml: Conqu. Wm . The 6 indicates line six as the activation synthesis of dreams, section with variant readings. The words before the vs low, bracket ] show readers that the editor considers the preceding version the best text for a modern reader--or at least the version the editor has chosen for John Ronald Reuel his edition.

The material after the high vs low context cultures, bracket lists each variant source and indicates how the differing material appeared in that source as exactly as possible. A criticus apparatus documents the known variations that might plausibly be accurate and reminds modern readers of the Ronald Reuel, multiple possible versions an earlier audience might have experienced. This process is especially pertinent in classical and high vs low context, medieval studies, since in the pre-print era, handwritten texts often exhibited striking and even contradictory variant readings. For instance, in the case of The Aeneid , about 3,000 texts survive with each manuscript containing significant variations. In the case of Chaucer, about 82 versions of the Canterbury Tales survive, all with variant readings.

In the paradigms, case of Shakespeare, striking differences appear in context cultures the F (folio) and Q1, Q2, Q3 (first, second, and third quarto) versions of paradigms his plays, and so on. CROSSED RHYME : In long couplets, especially hexameter lines, sufficient room in the line allows a poet to high vs low context cultures use rhymes in the middle of the line as well as at the end of each line. Swinburne's Hymn to Proserpine illustrates its use: Thou hast conquered, O pale Galilean ; the world has grown grey from Thy breath ; We have drunken of things Lethean , and fed on sociological paradigms, the fullness of death . Laurel is high vs low cultures, green for a season , and love is sociological, sweet for context vs low a day ; But love grows bitter with treason , and activation theory of dreams, laurel outlives not May . In the excerpt above, the words in red are part of crossed rhyme, and the words in green are regular rhyme. Context Cultures. Crossed rhyme is also called interlaced rhyme . Contrast with internal rhyme and leonine rhyme . CROWN OF SONNETS : According to Shipley (142), an interlinked poem or cycle of seven sonnets in which the last line of each of the first six serves as the last line of the next, and the last line of the seventh sonnet serves as the first line of the first sonnet.

All other rhymes are used once only in the collection of the entire seven sonnets. An English example would be Donne's La Corona, though the structure is much more common in Italian poetry. A more complicated alternative structure is the so-called heroic crown of sonnets (alias the sonnet redoublé ), which is brion cemetery, similar in high vs low context structure but consists of 15 rather than 7 sonnets in total, but which follows the same rules for brion cemetery rhyme repetitions (Shipley 530). CTHULHU MYTHOS (also spelled Cthulu and Kutulu , pronounced various ways): Strongly influential in pulp science fiction and early twentieth-century horror stories , the Cthulhu mythos revolves around a pantheon of malign alien beings worshipped as gods by half-breed cultists. High Context Vs Low. These aliens were invented and popularized by pulp fiction horror writer H. John Reuel Tolkien's Essay. P. Vs Low Cultures. Lovecraft. The name Cthulhu comes from Lovecraft's 1928 short story, The Call of Cthulhu, which introduces the creature Cthulhu as a gigantic, bat-winged, tentacled, green monstrosity who once ruled planet earth in prehistoric times. Rosalind Strong. Currently in a death-like state of hibernation, it now awaits an opportunity to rise from the underwater city of R'lyeh and plunge the earth once more into darkness and terror.

August Derleth later coined the term Cthulhu mythos to describe collectively the high context cultures, settings, themes, and alien beings first imagined by brion cemetery Lovecraft but later adapted by pulp fiction authors like Clark Ashton Smith, Robert E. Howard, Robert Bloch, Henry Kuttner, and Brian Lumley. Some common elements, motifs, and characters of the mythos include the following: CULTURAL SYMBOL: A symbol widely or generally accepted as meaning something specific within an entire culture or social group, as opposed to a contextual symbol created by a single author that has meaning only within a single work or group of works. Examples of cultural symbols in high context Western culture include the cross as a symbol of Christianity, the American flag as a symbol of America's colonial history of thirteen colonies growing into fifty states, the gold ring as a symbol of marital commitment, the Caduceus as a symbol of medicine, and the color black as a symbol of mourning. Ronald Reuel Accomplishments. Examples of vs low context cultural symbols in activation synthesis theory other cultures include white as a symbol of mourning in Japan, the Yin-Yang sphere as an oriental symbol of context cultures oppositional forces in brion cemetery balance, the white crane as a symbol of longevity in high context vs low context cultures Mandarin China, and sociological, so forth. Any writer in a specific culture could use one of high vs low these symbols and be relatively confident that the reader would understand what each symbol represented. My Name Cisneros. Thus, if a writer depicted a pedophilic priest as trampling a crucifix into the mud, it is likely the reader would understand this action represents the way the priest tramples Christian ideals, and so forth.

Contrast with contextual symbol and archetype . CYBERPUNK MOVEMENT : (1) A loose school of high context cultures science fiction authors including William Gibson, Bruce Stirling, Rudy Rucker, and Neal Stephenson who rose in popularity in the 1980s and 1990s. Brion Cemetery. (2) A science fiction subgenre that shares the concerns and features of those works produced by the cyberpunk school. Features of high context their novels and short stories in this period include the following motifs: Common themes include the dehumanization, commodification, and mechanization of the individual; the negative effects of commercialization upon society; and implicit philosophical questions regarding consciousness and sensory reality. These cyberpunk authors have been profoundly influential in activation synthesis of dreams late twentieth-century science fiction films (such as Strange Days , Robocop , etc.) and Japanese anime , where cyberpunk elements have become so common as to be almost cliché . High Vs Low. The metaverse or the Net imagined by these early authors in brion cemetery the 1980s have been seen as prophetic of the later real-world rise of the context context cultures, internet after 1993. Examples of novels, anthologies, short stories, and other literary works from the cyberpunk movement include Neuromancer , Mona Lisa Overdrive , Islands in the Net , and Johnny Mnemonic. (The last of term refers of the to accomplish specific goals? these has been adapted into an awful film that bears little similarity to the original short story.) More recently, Neal Stephenson's Snow Crash has put a more satirical spin on the genre . CYCLE : In general use, a literary cycle is any group of closely related works. We speak of the Scandinavian, Arthurian , and Charlemagne cycles, for instance. These refer collectively to many poems and stories written by various artists over several centuries. These cycles all deal with Scandinavian heros, King Arthur and his knights, or the high cultures, legends of rosalind strong King Charlemagne respectively. More specifically, a mystery cycle refers to the complete set of mystery plays performed during the Corpus Christi festival in medieval religious drama (typically 45 or so plays, each of which depicted a specific event in context vs low biblical history from the creation of the world to the last judgment). The major English cycles of mystery plays include the York, Coventry, Wakefield or Towneley, and brion cemetery, Chester cycles.

See Corpus Christi play , above. See also sonnet cycle . CYHYDEDD HIR : A syllabic verse form in high context cultures ancient Welsh poetry. The octave stanza consists two quatrains of four lines with five, five, five, and four syllables respectively. The rhyme scheme is AAAx AAAx , with X's indicating unrhymed lines. See octave and rhyme . CYHYDEDD NAW BAN : A syllabic verse form in ancient Welsh poetry in which some lines are composed of nine syllables. The rhyming couplets, when they appear, must rhyme with another line of sociological identical length.

CYNGHANEDD (pronounced kun HAN neth , lit. Cultures. Welsh for symphony or harmony): A Welsh term that loosely denotes sound similarities peculiar to Welsh poetry, especially alliteration and internal rhyme . Typically, the consonants in rosalind strong one word or line repeat in context context cultures the same pattern at the beginning and end of the what term to the of the specific, next word or line--but the high vs low, vowel sounds between the consonants change slightly. Rosalind Strong. In the English tradition of high context vs low poetry, Gerard Manley Hopkins charmingly refers to my name cisneros such devices as chimes , and he makes much use of them in context cultures his works such as Spring and Fall. See also awdl and englyn . For an example of cynghanedd in English, click here. CYNING : A king, another term for an Anglo-Saxon hlaford . My Name By Sandra. Not to context context cultures be confused with kenning , an Anglo-Saxon poetic device. CYRCH A CHWTA : A Welsh verse form consisting of an brion cemetery octave stanza of six rhyming or alliterating seven-syllable lines plus a couplet. The second line of the couplet rhymes with the first six lines. Context Vs Low. The first line of the couplet cross-rhymes in the third, fourth, or fifth syllable of the eighth line. CYRILLIC : Also called, azbuka , the alphabet used to write Russian, Serbian, and Bulgarian.

The name comes from the 9th-century Greek missionary Saint Cyril, who traveled from Byzantium to convert Slavic races of Moravia to cisneros Christianity. Folklore credits Cyril at the inventor of this script, though it is more likely he invented the Glaglotic , what Harkins refers to as an abtruse alphabet of obscure origin, which soon lost favor (5). Cyrillic, modeled largely on the Greek alphabet, rose to replace Glaglotic, though Cyril retained credit. The alphabet came to Russia later after its Christianization in 988 or 989. Modern Russian, Ukrainian, Belorussian, Bulgarian, and Serbian alphabets were later offshoots of Cyrillic. Peter the high context vs low, Great simplified the alphabet in 1708, so the lettering required less ornate design, and my name by sandra, later modifiers removed four characters as redundant in 1918.

The present alphabet consists of thirty letters, mostly phonetic, though it does not show the stress of syllables (5). CYWYDD (plural, cywyddau) : A fourteenth-century metrical form of Welsh lyric poetry consisting of rhyming couplets with each line having seven syllables. Traditionally, in each couplet, the lines end with alternately stressed and unstressed meter. In terms of content, cywyddau traditionally include examples of high vs low cultures dyfalu --strings of unusual comparisons similar to metaphysical conceits. The genre is my name by sandra, associated with the poet Dafydd ap Gwilym. CYWDD DEUAIR HIRION : In Welsh prosody, the term refers to high context a form of rosalind strong light verse consisting of a single couplet with seventeen syllables. The first line has a masculine ending and the last line a feminine ending. CYWYDD LLOSGYRNOG : A type of vs low context Welsh verse consisting of a sestet stanza in which the syllable count is eight, eight, seven, eight, eight, and seven respectively.

The first two lines rhyme and cross-rhyme with the middle syllable of the sixth line and the third and sixth lines rhyme with each other. Rime coueé or tail-rhyme has a similar scheme.

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Please read the Fair Use Policy. Ultius is the trusted provider of cultures, content solutions for consumers around the world. Connect with great American writers and get 24/7 support. Ultius is accredited with the Better Business Bureau and has an A+ rating. © 2017 Ultius, Inc.

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