From the daily archives: Saturday, February 20, 2010
I am of the opinion that contractions are fine in dialogue or if the writer intends to be more whimsical in tone.
However, at least one writer claims that contractions can be used in any fiction writing and that using whole words instead of contractions is formal and archaic.
So, what do you think? When are contractions ok and how does it affect the tone?
I’m more concerned about whether the writer should use contractions outside of dialogue, for instance when describing a scene.
Thousands of articles are being churned out everyday but how many of these are ever read. If your articles are not going to be read then you are not going to reap the benefits of writing your articles.
Webmasters and others visit article directories, article banks and article announcement sites mainly for two reasons. Firstly to read articles written by experts to learn from them about business strategies, article writing tips and other useful Tips and Ideas so that can adopt and implement them. Secondly to obtain useful topic related good content for their websites.
Why should the reader choose to read your article in preference to several others?
It is here that these three article writing tips if properly implemented, will have a tremendous impact on the reader and compel him to read your article.
Title:
Visitors to article directories have numerous articles to choose from. They will scroll down, stop and click on the title that grabs their attention. Grabbing the visitors’ attention should be your main goal. If you miss out on this then you have missed your opportunity. It must now be obvious that the Key to open the door to your article is your Title.
Much time and thought should be spent in constructing a Striking, Powerful and Compelling Title that will grab the reader’s attention, stop his scrolling and compel him to click on the link and see how good and useful the article is.
If you succeed in this then you have set the ball rolling. It is very important that the title should never be misleading. The principle to follow should be “Be smart but don’t mislead.” A few misleading titles from you and soon you will be dumped by the readers.
Introduction:
The reader will next want to have a quick glimpse at your introductory passage.
Many authors do not place sufficient emphasis on this aspect. Their perception is that if the article is of quality and educative, people are bound to read them. This is true in the case of articles written by outstanding authors and experts and if their name are displayed alongside. Again how will a newbie ever recognize the names? Hence an impressive paragraph is important. The reader should with the help of these few sentences get a quick glimpse and visualize the quality and what this whole article is about. Here too the author should give a true picture of what is in store for the reader. The introduction should never mislead the reader.
Resource Box:
Having read the article and if the reader is captivated by the content and your expertise, his natural tendency will be to know more about you, your products and possibly read more articles written by you.
To begin with he will go to the Resource Box and gather more information about you. The resource box should display your name, a brief glimpse of your profession or expertise that can attract him and the URL of your website. How well you display your resource box will impress the reader further to click on your URL to visit your website. The main objective of writing articles and attracting maximum readership is to lead the reader to visit your website and promote your business.
Conclusion:
Writing articles with proper keyword placement, optimizing for the search engines and submitting them to article directories is one thing but getting the audience to read the articles is a different kettle of fish altogether. You have got to grab him and get him to read your article. The rest will follow. Successful implementation of these three article writing tips will result in an explosion in your article readership statistics, visitors to your website and increased sales.
Copyright ? 2007 Kanaga Siva. Kanaga Siva is an experienced Author and Marketer. Welcome to visit his Website and Affiliate Marketing Blog for an Affiliate Marketing experience that can help you make money from home. http://www.business-fromhome.com http://business-fromhome.blogspot.com
NON VERBAL COMMUNICATION
Communication in general is a process of sending and receiving messages that enables humans to share knowledge, attitudes and skills. Although we usually identify communication with speech, communication is composed of two dimensions -verbal and non-verbal.
Non –verbal communication is behavior other than spoken or written communication that creates or represents meaning. In other words, it includes facial expression, body movements, and gestures. Non verbal communication is talking without speaking a word. It is very effective, may be even more so than speech. Remember the saying “Actions speak louder than words”. Everything communicates including material objects, physical space and time systems. Even silence speaks. Commonly, non verbal communication is learned shortly after birth and practiced and refined throughout a person’s lifetime. Children first learn nonverbal expressions by watching and imitating much as they learn verbal skills. It is surprised to know that not only human beings respond to this kind of communication. The pets, especially a dog, it may follow directions and respond to hand and body movements more than words. Dogs will even get confused by the word, “Sit” but it is comfortable with the hand direction for “stay”. Research says that the birds and animals share their emotions with the use of facial expressions, body language, and tone. Birds, especially nightingale expresses its joy and sadness by their tone. When they sing in a high pitch it indicates that it is sad. The young ones when they feel hungry, it gives a certain kind of sound, and the mother understood that it needs food.
Humans use non-verbal communication because: Words have limitations; numerous areas where non verbal communication is more effective than verbal (which explain the shape, directions, personalities are expressed non- verbally).
Non verbal signals are powerful: non verbal cues primarily express inner feelings. (Verbal messages deal basically with outside world). Non verbal message are likely to be more genuine because non verbal behavior cannot be controlled as early as spoken words. Non verbal signals can express feelings inappropriate to state: social etiquette limits what can be said, but nonverbal cues can communicate thoughts.
A simple separate communication channel is necessary to help and send complex messages. A speaker can add enormously to the complexity of the verbal message through simple nonverbal signals.
Researches in communication suggest that many more feelings and intentions are sent and received nonverbally than verbally. Mehrabian and Wienerfollowing suggested that only 7% of message is sent through words, with remaining 93% sent through nonverbal expressions.
Non verbal communication in the classroom:
Non verbal communication is also a critical aspect of interpersonal communication in the class room. Balzer reported that approximately 75% of classroom behavior was nonverbal. Many of the cues students use to make judgments about teachers competence or characters are obtained by observing the teachers non verbal behavior.
Non verbal communication in the class room occurs with distance, physical environment, facial expression, vocal cues, body movements and gestures, touch, time, physical attractiveness and dress. Next, we will focus on different kinds of non-verbal communication and uses of nonverbal communication. There is also one kind of nonverbal communication that is called the “Universal Gesture”.
There are two main types of nonverbal communication.
Body language. Gestures.
Body language is the body movements that depend on a person’s attitude or feelings. It is an integral part of oral communication. Body language includes the way people walk, how they stand, and their facial features. In other words any kind of meaning that is shown by a person’s body attitude or movements. According to the social anthropologist, Edward T.Hall, in a normal conversation between two persons, less than 35% of the social meanings are actually transmitted by words. At least 65% of it is conveyed through the body (non- verbal channel).
Like any spoken language, body language has words, sentences and punctuation. Each gesture is like a single word and one word may have several different meanings. For example when we are not able to find an exact word for something we want to say, we may use some kind of facial or physical gestures. Body language shows the feelings and emotions of the person. For example, when a boy is sad he may drop his head and walk slowly or a girl is happy, she might run and jump or stand up straight and put her hands in the air. People need not to say anything to show how they feel about things. The color of people’s skin may even show how they feel. For example, if people with light colored skin get embarrassed, their skin may turn red, or if they are worried, they might get pale. Body language can be voluntary (on Purpose) or involuntary. An interesting fact is that blind children will smile when happy even though they have never seen a smile. It is estimated that there are 200.000 physical signs capable of stimulating meaning in another person. For example there are 23 distinct eyebrow movements, each stimulating different meaning. People communicate by the way they talk, stand and sit. We tend to be more relaxed with friends or when addressing those of lower status. The variety of ways in which the teacher and the students walk, stand or sit can affect interpersonal perception.
Body postures and movements are frequently indicators of self-confidence, energy, fatigue or status. In the class room, students keen to receive body message of enthusiasm or boredom about the subject matter.
We should take care of non-verbal cues that we pass on to our listeners or receive from our speaker during any formal situation because a wrong gesture or facial expression can lead to miscommunication and confusion. Different non-verbal cues may suggest different meanings. We may annoy or displeasure a colleague, irritate a teacher or supervisor or even lose a business deal.
Body language includes facial expressions, gestures and body movements, eye contact distance, space, time and mannerism.
Eye contact:
The most dominant and reliable features of the face, the eyes provides a constant channel of communication. They can be shifty and evasive, convey hate, fear and guilt; or express confidence, love and support. Our eyes are usually a mirror of our truest and innermost feelings. That is why we normally distrust people who do not maintain eye contact while saying something where as we believe those who look directly at us. Since the eyes are the most accurate predictor of our feelings and attitudes, we should know how to use good or positive eye contact. Good or positive eye contact improves the effectiveness of a verbal message during oral interaction. The frequency and duration of eye contact varies from culture to culture. Eye contact is important because insufficient or excessive eye contact can create communication barriers. In relationships, it serves to show intimacy, attention and influence. Little eye contact may also be viewed negatively, because it may convey a lack of interest, inattention, or even mistrust.
Researchers show that a speaker who looks at an audience is perceived as
Much more
Favorable Confident Credible Qualified Honest
And less
Formal Nervous
Eye behavior in the class room:
Eye behavior seems to be particular importance and is generally used to indicate whether one is open to communication. When a teacher asks the class a question, students who think they know the answer will generally look at the teacher, while students do not will generally look at the teacher, while students who do not will usually try to avoid eye contact.
Exline (1971) reports that, in responses to questionnaire, college students said they thought that they would be more comfortable with another two, when speaking, listening, and sharing mutual silence, looked at them 50% of time as opposed to 100% of the time or not at all. Only very self confident, knowledgeable and attentive students will prefer 100% of eye contact.
Eye contact is often used to control an interpersonal interaction. When people do not wish to be interrupted; they will often glance away and continue talking. When they wish the other person to speak, they will pause, making direct eye contact. Teachers often use eye contact in the class room to decide who is prepared to answer a question, or who was completed a homework assignment.
Facial expression:
Facial expressions refer to the use of eyes, eye brows, forehead and mouth for expression. It is another dimension of body language. Some facial expressions are readily visible, while others are fleeting. Both types can positively or negatively reinforce the spoken word and convey cues concerning emotions and attitude. Facial expressions may be unintentional or intentional. The facial expression for fear is an example of an involuntary gesture-people generally does not think of how to move facial muscles when truly frightened. Facial expressions can be voluntary, as when an individual wants deliberately to hide feelings for different reasons. Often people try to hide feelings and emotions behind masks. The frown, jutting chin, raise eye brow, open mouth, and sneer are facial expressions that can betray and ultimately broadcast deception. All humans are capable of faking a happy or sad face or frown. Facial expressions carry meaning that is determined by situations and relationships. It shows how we feel; normally our face easily reveals our emotions. A good smile gives very positive signals and helps to make the atmosphere friendly. For instance, in American culture the smile is typically an expression of pleasure. A woman’s smile at a police officer does not carry the same meaning as the smile she gives to a young child. A smile may show affection, convey politeness, or disguise true feelings.
Facial expression in the class room:
All people and especially teachers and students use facial expressions to form impressions of another. A smile can be a useful tool in reinforcing desired student behavior. A teacher can also use student’s facial expressions as valuable source of feedback. For example, while delivering a lecture, a teacher should use student’s expressions to determine whether to continue or speed up or to modify his presentation.
Gestures:
A gesture is a visible bodily action that may implicit meaning. Cognitively, gestures operate to clarify, contradict or replace verbal messages. Gestures also serve an important function with regard to regulating the flow of conversation. For example, if a student is talking in class, single nods of the head from the teacher will likely cause that student to continue and perhaps elaborate. They are communication like facial expressions, hand signals, eye gazing and body postures. Examples include smiles, handshakes, waving and raising certain fingers to say something. Hand motions alone convey many meanings. “Come here”, “go away”, “its o.k.” and “that’s experience” are few gestures. For instance one might smile and wave hands when he saw his friend at a noisy carnival. Another great example is in cricket when the batsman hits six, the umpire signals his hands up. There are three main uses of non-verbal communication. People often use all of them every day. The first use is for “Greetings. Greetings include waves, handshakes hugs and salutes. The salute is used in the armed forces when you see a person higher rank than you. The next use is for specific communication. For example, workers may use signals at their jobs. One important use is in construction when aa worker signals to a crane operator to keep everyone safe. These signals are very specific and tell the operator to move left, right, or raise and lower the hook. Another important use is sign language. This form of communication is used for people who have hearing problems. They use hand signals and lip reading to communicate very specific meanings. The third use is involuntary non verbal communication. These are movements and attitudes that show how people feel. Most times, people don’t even know they are communicating when they make these actions, because these actions are automatic. For example, a slumped posture may mean that the person is sad. A stern look may shoe that the person is in a serious mood. When people rub their eyes, it can shoe they are tired. All of these examples show how people feel.
Expressions and gestures are not the same around the world. Some gestures like the “thumbs up” which is a positive gesture in the United States may mean something very different in other cultures. In Nigeria, the thumbs up gesture are a rude insult. In Australia it is an obscene insult. Another funny example is spinning your finger around your ear. This is known as the “you are crazy” sign in America and in some other nation. But in Argentina, it means “you have a phone call”. Another gesture that can be taken completely differently depending upon where you live is nodding the head. In most parts of the world, it is a positive or “Yes” gesture. In Bulgaria, and parts of Greece and Middle East, it means “No”. It is important that government leaders know about these things. Other examples of involuntary communication are rubbing hands together to show anticipation, tapping or drumming fingers when impatient, biting nails if nervous, and putting a hand or finger to one’s cheek if thinking deeply.
Body language and gesture meanings do not always stay the same. Sometimes meanings change over time, or meanings change when cultures mix together. Not all gestures and body language are positive communication. One example of this is gang symbols. These are non verbal communications that may tell something about whether or not someone is in a gang or lives in a certain area where some gangs are. For example, the way a person wears their shirt or how a cap is worn may tell others that the person is in a certain gang. The color of their clothes may mean something as well. Another communication that is used by gangs is special hand signs. These signs are used by one person to show another person that they are in a certain gang. These signs can be a threat sign to someone in a different or enemy gang. Hopefully you can see how important non verbal communication is. Some sources say that it may be 78% of communication between people. In other words, non verbal communication may be the most important part of communicating with other people.
NON VERBAL FORM
NON-VERBAL CUE
WHAT DOES IT SUGGEST?
Eye contact
Sustained eye contact Brief eye contact Avoiding eye contact
Trust, Admiration, confidence.
Stress , Nervousness
Fear, Shyness, Lack of sincerity, (Mark of respect in some cultures.)
Facial expression
Raising eye brows Lowering eye brows Furrowed forehead Wide open eyes Open mouth Swallowing
Surprise, question, curiosity
Acceptance, submission
Anger, frustration, displeasure.
Surprise, astonishment
Shock
Nervousness
Gestures
Frowning
Anger, displeasure
Posture and body movements
Leaning towards a speaker / listener Pulling away/ leaning back
Interest
Fear, disgust, anger, distrust.
For my freshman honors English class, we will be beginning a project this Tuesday which involves researching a non-fiction topic. I’m having trouble on what I should do, though.
My interests include Atheism, Buddhism, Ghana, or any societal problems of the sort (such as censorship, communism, corruption, etc.) Psychology and some historical events would be lovely also.
Thank you all for your answers.
When applying for a job, you have to remember that you’re not the only available candidate. Your future employer or the head of the HR department probably has a good number of resumes waiting on his or her desk.
In order to catch their attention, you have to make sure that your resume stands out among the rest. In fact, resume writing tips are the secret weapon of many successful job applicants!
You might think that a resume is only a piece of paper and that what matters most is the interview itself. However, know that applying resume writing tips on your own profile automatically gives you an edge over the others! Scroll down a bit more and learn how to gain a good advantage over your competition!
Do Your Research
What is the company all about? What kind of person are they looking for? If you take the time to research on your target workplace, you’ll be able to find out just what qualities you can highlight on your resume.
Keep in mind that companies aren’t necessarily looking for the highest scorer or the best speaker. They’re looking for that one person who will match and blend with the job and their company perfectly.
Use Action Words
I’m not just talking about verbs here. When describing the task you have accomplished, stick to specific descriptions and use the active voice.
After all, it’s much more pleasant and interesting to learn that you “edited and published a collection of short stories” than “served as an editor.” It shows that you’re someone who works hard.
Avoid Stereotypes
Stereotypes will kill your resume. Many articles on resume writing tips will warn you of being too ordinary. Remember that the goal here is to stand out. Start with your objective.
We all know how the typical objective goes. Try to keep yours interesting by fusing your personal point of view and the company’s direction. That will definitely help you come up with a fresher objective.
Now that you have learned a few of the standard resume writing tips, go over your resume and see which areas you can improve on. Is your objective too boring? Can you make your tasks more specific and action-oriented? Do you think your resume shows that you’re the right person the company is looking for?
After reviewing and submitting your resume, it won’t take long before the phone rings and someone asks you to schedule a job interview!
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ARREST UNDER THE CUSTOMS ACT â?? BAILABLE OR NON-BAILABLE OFFENCE
Dinesh Kumar Agrawal, Ex-IRS
Khaitan & Co., Mumbai
(article was published in Excise Law Times)
Section 104 of the Customs Act, 1962 (the â??Customs Actâ?) empowers the Commissioner of Customs to order arrest of a person for an offence punishable under Section 132, 133, 135, 135A and 136 of the Customs Act. In terms of sub-section (2) thereof, every person arrested under sub-section (1) is required to be taken to a magistrate without any delay. Sub-section (3) thereof confers same powers to customs officer for the purpose of releasing arrested person on bail as enjoyed by the police under the Code of Criminal Procedure, 1898 (â??Codeâ?). In terms of sub-section (4) of the Section 104, offences under the Customs Act are non-cognizable. However, it has not been declared in the Customs Act as to whether said offences are bailable or non-bailable.
Punishable offences and quantum of punishment
Different kinds of offences under the Customs Act are punishable with varying amount of imprisonment or with fine or both. A summary of punishable offences and consequent punishments are given below:Â
Section
Nature of offence
Punishment
132
Making false declaration, false documents, false statement etc.
Imprisonment for a term which may extend to two years or with fine, or with both
133
Obstructing the customs officer
Imprisonment for a term which may extend to two years or with fine, or with both
134
Refusal for screening of X-ray or medical procedure for detection and bringing out goods secreted inside body
Imprisonment for a term which may extend to six months, or with fine, or with both
135(1)
Â
(a) Â Â Â Misdeclaration of value or fraudulent evasion or attempt at evasion of any duty or of any prohibition on import or export of goods; or
(b)Â Possession, carrying, removing, depositing, harbouring, keeping, concealing, selling or purchasing or dealing with prohibited goods
(c) Â Â Â Attempts to export prohibited goods; or
(d) Â Fraudulent availment or attempts to avail drawback or any exemption from duty on export:
See below
(i)Â Â Â If the offence relates to,â??
(A) any goods the market price of which exceeds Rupees One crore; or
(B) the evasion or attempted evasion of duty exceeding Rupees Thirty lakh; or
(C) notified prohibited goods; or
(D) amount of drawback or exemption from duty exceeds Rupees Thirty lakh
Imprisonment for a term which may extend to seven years and with fine
(ii) Â Â If the offence relates to any other case
Imprisonment for a term which may extend to three years, or with fine, or with both
135(2)
Second conviction under Section 135 or 136 of the Customs Act
Imprisonment for a term which may extend to seven years and with fine
135A
Preparation to export any goods in contravention of the provisions of the Customs Act
Imprisonment for a term which may extend to three years, or with fine, or with both
136
Offence committed by customs officers
Imprisonment for a term which may extend to three years, or with fine, or with both
Provisions of Section 135 of the Customs Act have been amended by the Finance Act, 2003 (w.e.f. 14 May 2003) and recently by the Finance Act, 2007 (w.e.f. 11 May 2007). Prior to the amendment by the Finance Act, 2003, offences viz. fraudulent evasion or attempt at evasion of any duty or of any prohibition on goods or dealing with imported goods which were prohibited, and notified under Section 123 of the Customs Act and the market price of which exceeded Rupees One lakh were punishable with imprisonment for a term which may extend to seven years and with fine. Other offences were punishable with imprisonment for a term which may extend to three years, or with fine, or with both. There was a view that provisions of Section 135 were not applicable to cases involving duty free export goods or fraudulent availment of duty drawback or other export incentives. Therefore, provisions of Section 135 were amended to include offences pertaining to the export goods.
The Finance Act, 2007 substituted old provisions of Section 135(1) to make punishment more stringent in some case whereas in some other case quantum of punishment was reduced. Earlier, a maximum imprisonment of seven years was prescribed only for the following offences:
(A) Â Â Â Â Â Offending goods were notified goods under Section 123; and
(B)Â Â Â Â Â Â Market value of the offending goods exceeded Rupees One lakh.
In all other cases, maximum imprisonment prescribed was three years only. Since the majority of offences pertained to non-notified goods and therefore maximum prescribed imprisonment was three years only.
Now, pursuant to amendment by the Finance Act, 2007 offencesor evasion of customs duty or circumventing the prohibitions on import or export pertaining to the following goods are punishable with maximum imprisonment of seven years:
(A) Â Â Â Â Â Market value of offending goods exceeds Rupees One crore; or
(B) Â Â Â Â Â Evasion or attempted evasion of duty exceeds Rupees Thirty lakh; or
(C) Â Â Â Â Â Offending goods are prohibited goods as notified by the Central Government; or
(D) Â Â Â Â Â Cases of fraudulent drawback or other export incentives exceeding Rupees Thirty lakh.
In other words, offences for evasion of customs duty or circumventing the prohibitions on import or export pertaining to following goods are punishable with maximum imprisonment of three years:
(A) Â Â Â Â Â Market value of goods is lower than Rupees One crore; and
(B) Â Â Â Â Â Evasion or attempted evasion of duty is lower than Rupees Thirty lakh; and
(C) Â Â Â Â Â Goods are not notified by the Central Government; and
(D) Â Â Â Â Â Fraudulent claim of drawback or other export incentives is lower than Rupees Thirty lakh.
A comparison between the old and new provisions reveals that on one hand market value of the offending goods has been raised from Rupees One lakh to Rupees One Crore, whereas on the other hand goods other than goods notified under Section 123 have also been brought within the ambit of maximum imprisonment of seven years i.e. now, for a maximum imprisonment of seven years, it is not necessary that offending goods should be goods notified under Section 123 of the Customs Act. The new provisions are well in tune with the present economic scenario and to curb white collar crimes detected in recent years where there has been manifold raise in the cases of fraudulent claim of export incentives. However, it is surprising and intriguing to note that there was no mention either in the explanatory notes or memorandum to the budgetâ??2007 about these significant changes.
Bailable and Non-bailable offence
In terms of Section 2(a) of the Code, â??bailable offenceâ? means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and â??non-bailable offenceâ? means any other offence.
Although the Customs Act declares that offences under the Customs Act are non-cognizable, there is no declaration as to whether such offences are bailable or non-bailable. Offences against other laws are classified under Part II of the First Schedule to the Code. Relevant entries under Part II of the First Schedule to the Code are reproduced below:
Classification of offences against other laws:
Offence
Bailable or
Non-bailable
By what court triable
If punishment with death, imprisonment for life, or imprisonment for more than seven years
Non-bailable
Court of Session
If punishable with imprisonment for three years and upwards but not more than seven years
Ditto
First class Magistrate
If punishable with imprisonment for less than three years or with fine only
Bailable
Any Magistrate
Punishments with imprisonment for three years and upwards are classified as non-bailable offence and can be tried at the Magistrate of the first class. On the other hand, punishments with imprisonment for less than three years are classified as bailable offence and can be tried at any Magistrate.
Also, Section 138 of the Customs Act provides for summary trial by a Magistrate of the offences other than punishable under Section 135(1)(i) or 135(2) of the Customs Act.
Nature of offence under Section 135(1)(ii) of the Customs Act â?? A Dichotomy
The maximum imprisonment prescribed for offences under Section 132, 133, and 134 is for two years, therefore there is no qualm that these offences are bailable offences. In the case of offences under Section 135(1)(i) of the Customs Act, maximum punishment is seven years, therefore there is no qualm that these offences are non-bailable offences. In the past, there had been cases involving smuggling of gold or other notified goods where the prescribed maximum imprisonment was seven years and most of the courts have held that such offences were non-bailable.
The maximum imprisonment prescribed for offences under Section 135(1)(ii), 135A and 136 is for three years. The question whether offences under these sections are bailable or non-bailable is a contentious issue. The expression used â??which may extend to three yearsâ?? in Section 135(1)(ii) of the Customs Act vis-Ã -vis relevant entries under Part II of the First Schedule to the Code has always been a bone of contention before various judicial forums. Each of them has interpreted this expression vividly at different occasions considering the law, facts and circumstances. Although there are plethora of judgments which discusses the nature of offence committed under Section 135(1)(ii), but every time the approach taken by judiciary is so diverged that it was almost impossible to ascertain the settled position under the law.
In the case of Mohan Lal Thapar v. Y.P.Dabara [2002 (143) ELT 44 (Del.)] the offence under Section 135(1)(ii) of the Customs Act was held as non-bailable offence. The Delhi High Court held that â??Controversy at hand mainly revolves around the interpretation and construction of the word â??forâ?? as used in the entries against the column of â??offenceâ?? in the Table. Word â??forâ?? used before the term of sentence of imprisonment in Table I if read with corresponding sections providing punishment, would clearly indicate that it refers to the term of sentence of imprisonment which may extend up to the period of punishment provided for the offence(s). Thus, the word â??forâ?? occurring before the words â??three years and upwards but not less than seven yearsâ?? in said second entry in Table II would include the offences under other laws wherein punishment may extend up to three years. The offences for which punishment provided may not go up to three years, only will be governed by third entry in Table II.â?
In the case of Subhash Chaudhary Vs Deepak Jyala and Ors. [2005 (179) ELT 0532 (Bombay)], offence under Section 135(1)(ii) of the Customs Act was held as bailable. The Bombay High Court held that â??â?¦. firstly, the said offence has been made a non-cognizable offence by virtue of the non obstante clause in Section 104(4) of the Customs Act. Secondly, it is triable â??summarilyâ? by a Magistrate by virtue of Section 138 of the Act. Moreover, Section 135(1)(ii) provides for punishment as imprisonment for a term which may extend to three years, or with fine, or with both. Indeed, it is provided that imprisonment may extend to three years; but the same provision also provides for alternative punishment of fine (only) or imprisonment and fine both. The question is, merely because the punishment of imprisonment provided for is for a term which may extend to three years i.e. three years, does it mean that it will fall in Entry 2 of Part II of First Schedule of the Code and not in Entry 3 thereof.â? On examination of the Code, the court found non-cognizable offences punishable with imprisonment which may extend to three years, have been treated on par with offences where imprisonment is for â??less than three yearsâ?, so as to make them bailable. Subsequently, same position was reiterated by the Bombay High Court in the case of Sangit Krishna Kumar Agrawal Vs UOI [2007 (219) ELT 0143 (Bom.)], and Kuresh Taherbhai Rajkotwala Vs UOI [2007 (209) ELT 0347 (Bom.)].
Even the Punjab and Haryana High Court in the case of Kulbhushan Goyal Vs Joint Commissioner of Customs [Crl. Misc. No. 71789-M/05] held that offence under Section 135(l) (ii) is a bailable offence.
On the other hand, Kerala High Court in the case of C.K. Boban Vs UOI [2005 CriLJ 2801], while interpreting the Section 135(1)(ii) held that â??the position would be clear from the second item in Part II of First Schedule to the Code which provides that if the offence is punishable with imprisonment for three years and upwards, the offence is non-bailable. The expression used is “three years and upwards” which would definitely include an offence punishable for a term upto three years. Part II of First Schedule is clear that if the offence is punishable for a term of three years and upwards, that offence is non-bailable. What is bailable is an offence punishable with imprisonment for a term of less than three years. The question can be answered in another way as well. Can you punish an accused with imprisonment for a term of three years under Section 135(1)(ii) of the Customs Act? If the answer is ‘yes’, then the second item in Part II of the First Schedule to the Code would apply. Obviously, the offence would be non-bailable in such a case. Therefore, the contention that the offence under Section 135(1)(ii) of the Customs Act is bailable does not deserve acceptance. That was the law as existed before the amendment carried out by the Finance Act, 2007.â?
Again, the Delhi High Court in the case of Inderjeet Nagpal Vs DRI [2006 (193) ELT 0408 (Del.)] and Lalit Goel Vs CCE [2008 (224) E.L.T. 216 (Del.)] has differed with views expressed by the Bombay High Court in Subhash Chaudhary (supra) and followed itâ??s earlier decision in Mohan Lal Thapar (supra).
It can be seen from the above discussion that apparently, there was no unanimity of views between various High Courts on the issue. However, there are some other enactments wherein identical provision for imprisonment for a term which may extend to three years or with fine or with both has been provided and discussed.
Comparison with other existing laws
Electricity Act, 2003 (the â??Electricity Actâ?)
In the case of Ranjit Kumar Bag Vs State of West Bengal, [2006 (1) CHN 445] the Calcutta High Court without examining the issue in detail accepted the finding of the lower court that punishment term which may extend to three years is a non-bailable offence and the term â??extending upto three yearsâ?? should fall in Part II to the Code.
Cinematograph Act, 1952 (the â??Cinematograph Actâ?)
In the case of Tapan Biswas Vs State of Assam [2001 (3) GLT 13], the Court held that in respect of offence under Section 7(1)(a) of the Cinematograph Act, which is punishable with imprisonment for a term which may extend to three years or with fine, is a bailable offence. For the purpose of interpreting this clause the Court had relied on the Supreme Court decision in Rajeev Chaudhary case (infra).
Copyright Act, 1957 (the â??Copyright Actâ?)
In the case of Hridyananda Sharma Vs State of Assam [2003 (27) PTC 219 (Gau)], the question came up before the Gauhati High Court was whether the offence punishable under Section 68A of the Copyright Act, provides for imprisonment which may extend to three years with fine is a bailable offence? The High Court dissented from the Tapan Biswas case (supra) and Rajeev Chaudhary case (supra) and stated that reliance on them was erroneous. The High Court stated that for an offence under Section 68A the punishment may be three years. Since the punishment can be for three years, it has to be held as non-bailable in the light of the contents of Part II of the First Schedule of the Code.
In the case of Amarnath Vyas Vs State of Andhra Pradesh [2007 CriLJ 2025], the question came up for consideration before the Andhra Pradesh High Court was whether the offence punishable under Section 63 of the Copyright Act providing for imprisonment for a term which shall not be less six months but which may extend to three years with prescribed fine is bailable offence? The Court analyzed the contentious provision of the Copyright Act with that of the Code in juxtaposition. The Court found that the expression â??punishment for a term which may extend to three yearsâ? under Copyright Act is certainly not similar to the expression â??punishment for three years and upwardsâ? of the Code and relied on the findings of Rajeev Chaudhury case (infra) and held that â??â?¦there may be certain other class of offences which may fall in between classification II and classification III of Part-II of First Schedule. Merely because they are not coming squarely within the domain of classification-III, they cannot automatically be treated as included in the classification-II. By default, they cannot be considered as coming within the purview of the classification-II.â?
Differing from the above position, the Kerala High Court in Sureshkumar Vs The Sub Inspector of Police [2007 (3) KLT 363], held that offence under Section 63 of the Copyright Act undoubtfully falls under Part II of the First Schedule making them non-bailable offence.
In view of the above, it is clear that even in other enactments also, there was a raging controversy.
Supreme Court of India
Supreme Court of India also in some occasions dealt with similar issues. In Rajeev Chaudhury Vs State (NCT), Delhi, [2001 (5) SCC 34] the moot question came up before the Supreme Court was regarding the interpretation and construction of the expression offence punishable with imprisonment â??for a term not less than ten yearsâ?? occurring in the proviso (a) to Section 167(2) of the Code in the context of the expression imprisonment â??which may extend to ten yearsâ?? occurring in Section 386 of Indian Penal Code, 1860 (â??IPCâ?), for an extortion case. The Court while interpreting both the clauses on terms of the punishment held that:
â??Hence in cases where offence is punishable with imprisonment for ten years or more, the accused could be detained up to a period of 90 days. In this context, the expression “not less than” would mean imprisonment should be ten years or more and would cover only those offences for which punishment could be imprisonment for a clear period of ten years or more. Under Section 386 punishment provided is imprisonment of either description for a term which may extend to ten years and also fine. That means, imprisonment can be for a clear period of ten years or less. Hence, it could not be said that minimum sentence would be ten years or more. Further, in context also if we consider Clause (i) of proviso (a) to Section 167(2), it would be applicable in case where investigation relates to an offence punishable (1) with death; (2) imprisonment for life; and (3) imprisonment for a term of not less than ten years. It would not cover the offence for which punishment could be imprisonment for less than ten years. Under Section 386 IPC, imprisonment can vary from minimum to maximum of ten years and it cannot be said that imprisonment prescribed is not less than ten yearsâ??.
The decision of Supreme Court clearly states that the expression â??imprisonment for a term not less than ten yearsâ? could not be equated with â??imprisonment for ten years or lessâ? and that the expression would cover only those offences which are punishable with imprisonment for a clear period of ten years or more. It is worthwhile to mention here that applicability of the instant case as precedent has been questioned in various cases as mentioned above, whereas, on the other hand other courts have taken it as the â??stepping stoneâ? for delivering judgment on the nature of offence under Section 135(1)(ii) of the Customs Act. The finding of instant case can be interpreted simply by saying that the duration in the form of upper and lower limit should be taken into consideration at the time of determining the nature of offence. For instance, if the statue provides for period of punishment â??which may extent to three yearsâ?, then the same will not fall into the category of punishment which includes a term of â??three years or moreâ?. The reason being that the former category has the maximum term prescribed as three years and the latter begins with it.
In the case of Alpesh Arvind Lal Gandhi Vs UOI [2006 (075) RLT 5 (SC)] a matter pertaining to anticipatory bail under the Customs Act, the Supreme Court had got the opportunity to examine the issue in details but without doing so the apex court granted temporary relief to the applicant. Further, the orders of Bombay High court in Subhash Chaudhary case and Sangit Krishna Kumar Agrawal case have been appealed by the Union of India vide appeal SR 5369-5370/2004 and SR 7194/2007 which has been duly admitted by the Apex Court, therefore the issue was kept in limbo. Â
Avinash Bhosale, a builder from Pune was arrested by the Directorate of Revenue Intelligence (â??DRIâ?) at Mumbai Sahar Airport on 27 May 2007 for alleged smuggling of four diamond studded wrist watches worth more than Rupees Thirty lakh and branded spectacle frames, perfumes and other expensive consumer items worth more than Rupees Eleven lakh. The alleged duty evasion worked out to Rupees Seventeen lakh. Based on the facts available on arrest memo, it appears that the case falls under Section 135(1)(ii) of the Customs Act as firstly the cumulative value of offending goods were lower than Rupees One crore and secondly the duty allegedly evaded was lower than Rupees Thirty lakh. It is also pertinent to mention that Government of India is yet to issue a notification for goods falling under Section 135(1)(i)(C) as notification issued under Section 123 is not applicable for Section 135(1)(i)(C). However, prior to 11 May 2007, same offence would have fallen under Section 135(1)(i) for the simple reason that firstly watches are notified goods under Section 123 and secondly the value of offending watches were more than Rupees Two lakh.
Subsequently, Avinash Bhosale was released on bail by the Magistrate on the basis that offence was bailable in nature. On appeal, the Bombay High Court set aside the Magistrate order for the reason that arrest memo did not contained the relevant provision i.e. Section 135(1)(i) or 135(1)(ii) of the Customs Act. DRI contested the bail on the ground that his offence falls under Section 135(1)(i) and not under Section 135(1)(ii) of the Customs Act. There was no plea by the customs that offences under Section 135(1)(ii) are not bailable. The Apex Court in Criminal Appeal No.1138/07 held that â??On the basis of material placed on record, and the amended Section 135(1)(ii) of the Customs Act, it appears to us that apparently the offence which is alleged to have been committed is a bailable offence and thus the Magistrate has rightly granted bail to the appellantâ?. Against this order, the Government has filed Review petition (Criminal) No.130/08, which has also been dismissed by the Supreme Court on 7 May 2008.
The Delhi High Court even in the case of Lalit Goel decided on 2 November 2007 and Arun Kumar Gupta Vs DRI decided on 18 February 2008, held that the order of Supreme Court in Avinash Bhosaleâ??s case was per incuriam as the same was stayed by the Supreme Court and therefore is not a binding judgment. The Delhi Court following the precedents held that the offence under Section 135(1)(ii) is non bailable.
Since, the review petition against the apex court order in the case of Avinash Bhosale  has been dismissed by the Supreme Court, the issue is res-judicata and the contrary views of Delhi High Court are no longer valid.
In view of the above, it can be concluded that the offence falling under Section 135(1)(ii) of the Customs Act is a bailable offence. With the dismissal of review petition, the Supreme Court has finally closed the door of interpretations on the issue and accordingly offences punishable with imprisonment which may extend to three years are bailable offence not only under the Customs Act but also various other enactments.
The author is a member of the Institute of Chartered Accountants of India and also a member of Institute of Cost & Works Accountants of India. He has gained vast experience in the Customs, Central Excise and Service Tax while working in the Indian Customs and central Excise Department under the Ministry of Finance, Government of India. For more information, please visit http://dineshagrawal.info
If you are a website owner then you will no doubt have read about the importance of writing articles to get the word out about your site and to use as content on your site. One of the reasons for this is that articles are a great way to build credibility and trust. To do that, you will need to put considerable effort into creating your articles, especially in the beginning if writing doesn’t come naturally to you. Follow these article writing tips and you’ll be off to a great start:
1. Develop a plan and imagine objectives & potential outcomes.
There is nothing worse than not knowing what you want to get out of writing your article. Do you want to be considered an expert in your field? Do you want to be thought of as innovative? Do you want to be controversial? Before you actually say or write anything, work out your pitch.
2. You need a framework for your article
A standard way to layout an article is with an opening paragraph which sets out what the article is going to be about. Then comes the main bulk of the article – usually several paragraphs that cover the topic in depth, followed by a closing paragraph which needs to pull the different points together into a natural conclusion.
3. Length is Important
Don’t feel that you have to tell your reader everything you know about a subject in one article. The ideal article length is around 400 words. It is better to focus on one aspect of a particular topic and cover it well than try to cram too much information in.
4. Be Professional
Keep the content of your article professional and don’t make personal comments about others or use an article solely to pitch your products or website. You need to offer information of value to the reader to make them want to read your article.
5. Use specific details where possible.
For your article and views to be considered valid you need to explain exactly what you mean. For example, if you are writing a product review then say exactly what you liked and disliked about a product and wether those particular aspects are important or not. If you are providing tips then use examples to illustrate your points.
6. Keep the personal stories short. It’s not about you!
Keep your own stories to a minimum and use them only where they illustrate a point that you are trying to make, but not as the focus of the article.
7. Practice Practice Practice
If writing articles isn’t something that comes easily to you then you’ll want to take your time to develop a voice for writing, a style that feels comfortable to you but that also gets across to the reader what it is you want to say. It is a good idea when article writing to do a first draft and then put it aside for a day or two and then go back to it and re-read it to see how it flows.
Regardless of whether you are writing articles to promote your site or web writing for content if you want your reader to take action then you need to provide information that is useful, informative and engaging. Don’t worry if this seems difficult in the beginning. With a bit of practice you’ll soon be churning out articles in less time than you thought possible.
From her years of experience online Jill Brennan has put together a free ebook on article writing called “Kickstart Your Article Writing: 9 Ways to Breakout of An Article Writing Stalemate”. Its full of practical article writing tips and free tools. Go here: http://www.howtosubmitarticles.com/article_writing/ to get your copy today.
The evolution of science fiction movies over the last 50 years can be attributed to much more than the advances in special effects and movie-making technology (although those changes have had an effect); the biggest influence on scifi during this time period are the events that occurred in the real world. These past five decades leading up to today have been subject to an ever-accelerating onslaught of technological achievements and world-changing events.
While every movie is subject to the trends of each time period, science fiction has an intimate connection to both technology and the real world. The very definition of science fiction references the impact that current and past events have on the genre. As defined by scifi author Robert A. Heinlein, science fiction is a realistic speculation about possible future events based on the past and present knowledge of the real world. For these reasons, the cause of the evolution of science fiction movies is the real world, stated in another way: science fiction comes from reality.
During the 1960s, radical revolutions in technology and related technological achievements, such as the moon landing, had a significant impact on science fiction movies. In addition, the Cold War, JFK’s assassination, Martin Luther King, the Vietnam War, and Woodstock all influenced science fiction movies during the decade. Some of the most notable science fiction movies of the time included 2001: A Space Odyssey, Fahrenheit 451, and The Time Machine, each impacted in some way by the events that occurred during the 1960s. More specifically, the look and feel of the spacecrafts featured in 2001: A Space Odyssey were very similar to the spaceships being used during the 1960s.
Improvements in film making and the success of science fiction in the 1960s rapidly advanced the development of science fiction movies during the 1970s. Achievements in technology during the 1970s included many that changed the everyday life of many people, including the pocket calculator, car airbags, barcodes, Sony Walkman, and the home computer. Other influential technologies included the Space Shuttle, Neutron Bomb and the supersonic Concorde. A population explosion to 4.4 Billion people as of 1978 also had an impact on the genre. The hedonistic atmosphere of the decade was featured in the 1976 scifi movie Logan’s Run, while concerns about overpopulation were featured in the 1973 movie Soylent Green.
With the proliferation of computer technology in film-making, new, more advanced movies began to be produced in the 1980s. These new technology were used to produce some of the most mind-blowing special effects ever featured in science fiction movies, as seen in Predator, The Terminator, and Flight of the Navigator. Blade Runner was one of the first scifi films that featured a dystopia, rather than the all-out apocalypse seen in The Road Warrior or The Terminator future. One topic that seemed to be featured repeatedly was the concept of the evil, all-powerful corporations that rule the world and beyond. This concept can be found in Robocop, Aliens, Blade Runner, and the Terminator.
Huge technological strides and discoveries were made during the 1990s, all with the potential to significantly impact science fiction movies. Just some of the achievements included gene therapy, the World Wide Web, text messaging, global positioning, genetic modification, computer generated films, deep space photography, cloning, and the International Space Station. The disappearance of the threat of World War III with Russia had been replaced by an increasing amount of smaller conflicts. The first significant ground war since the Vietnam war, the first Gulf War, occurred, featuring some of the newest military technology ever used in battle. Computers began playing a more important role in special effects and movie production, featured in revolutionary movies like Jurassic Park and Men in Black. Natural catastrophes were a recurring theme, with disaster movies like Armageddon, Deep Impact, and Waterworld, as the now-prominent topic of global warming and saving the world started to have an influence. The Matrix was released in 1999, heralding a new age of science fiction movie making using complex plots, cinematography, and special effects.
The 2000s have been a busy decade for technological achievements related to space travel and astronomy. New solar systems and Earth-like planets have been found, countries like China have launched people into space, several robots have landed on and explored Mars, new moons have been found in our solar system, we’ve collected and retrieved comet dust, and dozens of unmanned probes have been launched throughout space by organizations around the globe. We’re seeing the advent of space tourism and the commercialization of space travel. In addition, the political climate has rapidly shifted following the events of 9/11 and we’ve had one of the most momentous presidential elections in history. With no shortage of technological achievements and world-changing events to influence science fiction movie-makers, a variety of new scifi films have been released.
Worldwide natural catastrophes were themes in Artificial Intelligence: AI, The Core, and Sunshine; genetic engineering and cloning in The 6th Day; Mars in Mission to Mars and Red Planet. There have also been numerous movies created from comic book characters, super heroes, and video games, including X-Men, Resident Evil (1, 2, and 3), Iron Man, The Hulk, and many more. New movie making technologies were used in Sky Captain and the World of Tomorrow. Donnie Darko is a modern-day cult classic featuring a mysterious antihero and Children of Men is said to be a modern-day Blade Runner.
So what does the future hold for scifi movies? What will the 2010s be all about? If the past is any indication, I believe we’ll see influential events of the next three years impact the 2010s greatly. Terrorism will be a recurring theme along with futures rife with economic hardships. A fear of people will grow as the current global recession influences crime rates, murders, war, and every other type of violent event. People’s concern for the planet, which has been prevalent during the recently slayed high-oil-price age, will be replaced by a concern for personal safety. As the jobless rate climbs and companies go out of business (events that further complicate the housing debacle), the political climate will be strained even further than it currently is. Formerly growing power-houses like China, along with every Arab nation that benefited from high oil prices, will fall back to Earth as reality sets in, disappointing every one of their citizens that caught a glimpse of the good life. In short, I think we’re on the brink of World War III, which will be created as the worst economic-stimulus package ever devised.
So, buckle-up, I’m guessing that we’ll be seeing some of the most original and mind-blowing science fiction movies ever produced!
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