National Law Institute University Bhopal

. . . . National Law Institute University Bhopal Trimester I Project Written Report Subject: Law of Tort I Case: Ram Prasad Ghosh v. State of West Bengal (2012) Decision given by: High Court of Calcutta Submitted by: Regalla Manisha Roll number: 2012BALLB90 Submitted to: Professor Ghayur Alam . . . . . . Table of Contents . . . . . . . . . . . . . . . . . Table of Analysis . . . . . . . . . . . . Concrete Facts . 1.On 15th August 1996 Sarmila was given in marriage to the appellant Prasenjit according to Hindu rites. A female child was born out of the said wedlock. It is alleged that shortly after the marriage the husband and rest of the in-laws started torture upon the victim because the party of the complainant had failed to provide the son-in-law a motor cycle which allegedly was agreed to be given at the time of marriage. It is also alleged that a few days prior to the incident during Manasha Puja the victim had visited her parents house when she disclosed that it was no longer possible for her to reside at the matrimonial home unless the agreed motor cycle was given within 2/4 days. The de facto complainant, father of the deceased, alleged that he personally had accompanied the daughter to the matrimonial home and requested all the inmates to treat his daughter well and that he would arrange the requisite money to buy a motor cycle within a month. But on 25th August 1999 at about 2.30 P.M. he came to learn telephonically that the victim had been hospitalised at Gobindanagar Hospital. Hearing the news the de facto complainant along with his family members rushed to the hospital and found the daughter dead. 2.23 witnesses were examined. PW 1 is the father of the victim. PW 2 is the uncle. PW 3 is the mother and PW 4 is the grandfather. PW 12 is the uncle. PW 17 is the sister. PW 21 is a neighbour. PW 5 is also a neighbour but he turned hostile. PW 13, it is alleged, had brokered the marriage but he turned hostile. PW 6 was merely tendered. PW 7 Dr. Murmu had admitted the patient in the emergency ward of Gobindanagar Hospital also known as Bankura Sammilini Medical College and Hospital....

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Moral Hazard Arises Because An Individual Or Institution Does Not Take The Full Consequences And Responsibilities Of Its Actions

Ans 1: a) –Moral hazard arises because an individual or institution does not take the full consequences and responsibilities of its actions, and therefore has a tendency to act less carefully than it otherwise would, leaving another party to hold some responsibility for the consequences of those actions. Executive stock options that creates a moral hazard by forcing a fundamental conflict of interest between the management and the shareholders of a company, however, eliminating stock options and replacing them with restricted stock in employee compensation packages is a mistake with far-reaching and long-term consequences. The main thrust of this change involves basing the payout of the option on the long-term average of the stock price over the life of the option. The implementation of this change would address the moral hazard issue, preserve the value of options to corporations and employees, and, at the same time, result in a true alignment of management and long-term shareholder interests. . –Adverse Selection, selecting whom to give more your money is a very important part of controlling risk. Give it to a crook, and you lose your money. Give it to someone who is not good at handling money, and you could also lose it. In fact, without information about those seeking funds, theory goes that you would have to charge an average price for your money or sale item. But an average price would cause those who are better risks or have better products to shun your offer, while those with higher risks will seek your offer, resulting in adverse selection. For a firm that repeatedly needs funds, the incentives to grant overvalued equity to employees are reduced because employees can rationally deprive the firm of fairly-priced financing after a poor stock price performance. . . b)Adverse selection and moral hazard in credit markets became severe. Firms with productive uses of funds were unable to get financing. The prolonged economic contraction leads to an unemployment rate around 25%.Asymmetric Information: Adverse Selection and Moral Hazard: we defined asymmetric information along with two categories of asymmetric information—adverse selection and moral hazard The Lemons Problem: How Adverse Selection Influences Financial Structure: we discussed how adverse selection effects the flow of capital and tools to reduce this problem Ans 1.B.:   The compensation should be attributable to the agency cost to a limited extent. As if the majority of compensation is part of stock options and et...

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Question 19 (21)Monetary Policy: Using Interest Rates to Stabilize the Domestic Economy

Chapter 18. Monetary Policy: Using Interest Rates to Stabilize the Domestic Economy . Now that we’ve studied the money supply process, we take a closer look at how the Fed impacts the domestic economy. The Fed has three tools at it’s disposal to impact the money supply: (1) open market operations (the federal funds rate target), (2) discount lending, (3) the reserve requirement. In this chapter we see how each tool impacts the federal funds market and evaluate its usefulness. The Market for Reserves and the Federal Funds Rate Recall that the federal funds rate is the short term interest rate for the interbank lending market where banks lend reserves to each other. The Fed conducts monetary policy primarily through affecting this market, which in turn impacts other debt markets and the economy. The figure below shows the market for reserves, which determines the equilibrium federal funds rate: Note that the demand for reserves is downward sloping with respect to the federal funds rate. This is because the federal funds rate is the opportunity cost for a bank holding excess reserves, since the bank could lend out those reserves at the federal funds rate. So the higher the federal funds rate, the higher the opportunity cost of holding excess reserves, so the quantity of excess reserves (and reserves) will be lower. The supply curve is upward sloping because as the federal funds rates rises, banks will provide more reserves for other banks to borrow. How do the three tools of monetary policy impact this market? • We have seen in chapter 17 how an open market purchases increases reserves in the banking system. So an open market purchase increases the supply of reserves, causing the federal funds rate to fall. An open market sale causes the federal funds rate to rise. • We have seen in chapter 17 how increases in discount loans will increase reserves. So a lower discount rate will encourage bank borrowing, increasing the supply of reserves and decreasing the federal funds rate. • With an increase in the required reserve ratio, banks must hold more reserves. A higher reserve requirement increases the demand for reserves and causes the federal funds rate to rise. Open Market Operations Open market operations are the most important tool of monetary policy. An open market purchase increases the monetary base and the money supply, lowering short-term interest rates. In theory the Fed could conduct open market...

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Vehicle Alcohol Detection Based On Mcu And Design

In – vehicle Alcohol Detection Based on MCU and Design and Implementation of Safety Control System Chong Fang Fu, Liu Chan Wan, Xin Gang Xu, Yin Liang Zhou, Gang Gang Li Information Engineering, Nanchang Hangkong University, Jiangxi, NanChang, China fcfnc2006@126.com, 1172662844@qq.com, 772914916@qq.com, 272238861@qq.com, 1272371204@qq.com Keywords: Alcohol detector; Pressure sensor; Voice alarm; Expiration judgment; Vehicle; Abstract.This article describes an alcohol detection based on MCU low-power controller, the controller uses alcohol sensors, pressure sensors, voice alerts, such as vehicle alcohol detection and safety control system, the system can be divided into two parts, one part detection may be handheld, another for controlled part, installed in the car, so as to realize intelligent vehicle alcohol detection and safety control. Because the system has high sensitivity and low power features, it has a high practical value. 1. Primed words In recent years, the frequent traffic accidents caused by drunk driving, causing huge losses to the ourselves and others, so, the monitoring and management of drunk driving became an essential part, but by common monitoring methods, mainly the consciousness of drivers and traffic police’s sampling. On one hand, spent a great deal of effort is very inefficient ; on the other hand, the traffic accident caused by drunk driving are still high. While national in May last year of implementation of the new drink – driving penalties, but alcohol driving accidents have also occurred frequently. To this end, we have studied the circuit with alcohol detection and intelligent voice alarm system, effective for simple circuit. Simply put, that is, when the alcohol concentration in drivers exhaled gas up alcohol, voice prompting and forcing power car bus, so that Make it unable to start the car. This integrated design based on the design of social phenomena and the predecessor, after a discussion with the students and instructor carefully, on the basis of the original design into our design ideas,fusion we design method, realizing that we are satisfied with the hardware circuit, which maximum limit and reduce drunk driving, minimize the amount of traffic police, while improving the efficiency of the police. 2. The system structure and the overall scheme design The system mainly consists of MCU as the core, combined with detection circuit, control circuit, display circuit ,voice circuit,and introduces a mandatory driver’s breath method to determine if the driver is alcohol. Specific workflow to : first of all, pressure sensors for pressure testing, if the...

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This Is A Petition For Review On Certiorari Of The Decision

ABRA VALLEY COLLEGE, INC., represented by PEDRO V. BORGONIA, petitioner, 
vs.
HON. JUAN P. AQUINO, Judge, Court of First Instance, Abra; ARMIN M. CARIAGA, Provincial Treasurer, Abra; GASPAR V. BOSQUE, Municipal Treasurer, Bangued, Abra; HEIRS OF PATERNO MILLARE, respondents.   PARAS, J.: This is a petition for review on certiorari of the decision * of the defunct Court of First Instance of Abra, Branch I, dated June 14, 1974, rendered in Civil Case No. 656, entitled “Abra Valley Junior College, Inc., represented by Pedro V. Borgonia, plaintiff vs. Armin M. Cariaga as Provincial Treasurer of Abra, Gaspar V. Bosque as Municipal Treasurer of Bangued, Abra and Paterno Millare, defendants,” the decretal portion of which reads: IN VIEW OF ALL THE FOREGOING, the Court hereby declares: That the distraint seizure and sale by the Municipal Treasurer of Bangued, Abra, the Provincial Treasurer of said province against the lot and building of the Abra Valley Junior College, Inc., represented by Director Pedro Borgonia located at Bangued, Abra, is valid; That since the school is not exempt from paying taxes, it should therefore pay all back taxes in the amount of P5,140.31 and back taxes and penalties from the promulgation of this decision; That the amount deposited by the plaintaff him the sum of P60,000.00 before the trial, be confiscated to apply for the payment of the back taxes and for the redemption of the property in question, if the amount is less than P6,000.00, the remainder must be returned to the Director of Pedro Borgonia, who represents the plaintiff herein; That the deposit of the Municipal Treasurer in the amount of P6,000.00 also before the trial must be returned to said Municipal Treasurer of Bangued, Abra; And finally the case is hereby ordered dismissed with costs against the plaintiff. SO ORDERED. (Rollo, pp. 22-23) Petitioner, an educational corporation and institution of higher learning duly incorporated with the Securities and Exchange Commission in 1948, filed a complaint (Annex “1” of Answer by the respondents Heirs of Paterno Millare; Rollo, pp. 95-97) on July 10, 1972 in the court a quo to annul and declare void the “Notice of Seizure’ and the “Notice of Sale” of its lot and building located at Bangued, Abra, for non-payment of real estate taxes and penalties amounting to P5,140.31. Said “Notice of Seizure” of the college lot and building covered by Original Certificate of Title No. Q-83 duly registered...

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