Due Diligence

It is the process by which confidential legal, financial and other material information is exchanged, received and appraised by a parties to a business transaction, which is done prior to the transaction

Due diligence is an analysis and risk assessment of an impending business transactions. It is careful and methodological investigation of a business or persons or the performance of an art with certain standard of care to ensure that the information is accurate and to uncover the information that may affect the outcome of the transaction

It is basically a background check to make sure that the parties to the transactions have the required information they used to proceed with the transactions. It is used to investigate and evaluate a business opportunities. It is a tool that often provides insights into the hidden facts.

Objective of Due Diligence

The objective of due diligence is to verify the strategic identification or attractiveness of the target company, valuation risk associated etc. the major objectives of the due diligence are :

  1. Collect material information from the target company
  2. Conduct swot analysis
  3. Improve bargaining position depending on the result
  4. To take a informed decisions about the investments
  5. Identification of areas where representation and warranties are required
  6. To provide a desired comfort level in the transactions
  7. To ensure complete and accurate disclosure
  8. To bridge the gap between the existing and expected
  9. To take smooth/accurate action/decision
  10. To enhance the confidence of the stakeholder

Process of Due Diligence

A legal due diligence investigation takes place in three stages.

  • Preparation
  • Investigation
  • Results

The most time-consuming part of the process is the investigation or the gathering of facts.

Preparation

This stage of the legal due diligence is to set goals and priorities. Often there is one central goal or multiple smaller important goals that stand out from the rest. Legal due diligence investigation are often limited by time and budget pressures. It’s important to prioritize what information is most important.

Investigation

During the investigation a lawyer or team of lawyers collect facts and documents. The findings will allow them to formulate a legal opinion as to whether the sale or purchase is worthwhile. There are many parts to the investigation.

Establish the Big Picture. This comes back to the goal of the investigation. It’s important to formulate the investigation around the central question or goal. This is also a good time to help the investigating lawyer understand the broad overview of your company.

Provide Documents and Interviews. The list of documents and interviews necessary for a legal due diligence investigation will likely surprise you with its length. The list of documents requested will likely be more documents than are actually necessary. The lawyer’s job is to create a full picture, which means being thorough in gathering information. Consider making one of your c-level officers available to answer questions. Interviews are an efficient way to gather information.

Results

The results of a legal due diligence investigation are reviled at the end of the investigation. In the results, the lawyer will present the data in as concise way as possible. The lawyer will also present a results summary which will point out the most important discoveries.

The results may also provide analysis or opinion. The lawyer may offer an opinion as to the validity of the sale or purchase.

The results may be provided in written format or verbal conversation. This depends upon the size of the investigation and the preference of the lawyer and the client.

Presentation of Legal Due Diligence Investigation Findings

The findings of a legal due diligence investigation are really only important to a buyer and the buyer’s counsel.

The buyer will typically want the due diligence finding to be presented in a compact and user-friendly way. The presentation can take many forms:

Verbal conversation: This is a great method for small deals or a buyer who is concerned about cost.

Memorandum: This memorandum can greatly range in length and depth. For larger deals, the written document will be longer.

Whichever form it takes, the presentation of the legal due diligence investigation findings should describe all of the reviewed documents, analysis of key issues discovered, and make recommendations as to a solution to presented issues.

If you are having a due diligence investigation performed, be clear with your expectations. Be specific on how you would like information and issues presented to you at the end of the legal due diligence investigation.

Incredible Festivals Around the World

Festivals happen all over the world and exploring them can be an extraordinary experience for anyone who enjoys culture and art. The following list includes some of the most colourful, amazing festivals which are celebrated in different places around the world.

Yi Peng Lantern Festival in Thailand

The Yi Peng lantern festival is a very unique kind of festival celebrated in Northern Thailand during a full moon light. It was traditionally celebrated as a festival to mark the end of the monsoon season. It is a spectacular sight to see thousands of sky lanterns floating in the sky and beautiful flowers floating on the Ping river.

Holi in india

Photo by Marcin Dampc on Pexels.com

Holi, also known as the festival of colours, is mostly celebrated by Indians during Spring. During the festival people play with colours and engage in dance, music and festivities. It also represents the arrival of ‘Basanta’ or Spring. The traditional festival includes fun filled games and water gun fights.

Winter lights festival in japan

This is one of the illumination festivals which one must attend. The incredible Winter Light festival takes place in a park in Kuwana City of Japan during November to March. Attracting thousands of tourists, the festival is one of Japan’s finest illuminations. The park also has a variety of restuarents.

Golden Retriever Festival In Scotland

Known as one of the happiest places on Earth, the Golden Retriever Festival is organized by the Golden Retriever Club of Scotland. It is a mass gathering of Golden Retrievers along with dog lovers in the ancestral home of the breed in a Scottish Village. In 2018, the celebration of the 150th anniversary of the breed was done with the gathering of about 360 Retrievers.

Albuquerque Balloon Fiesta in USA

The biggest hot air balloon festival in the world, Albuquerque balloon fiesta is  a nine day long event held in New Mexico during early October. Guests have the rare opportunity of seeing the inflation and take off of around 600 colourful hot air balloons. It is the most photographed event in the world.

la tomatina festival in spain

The La Tomatina Festival is held on the last wednesday of August on the streets of Bunol town in Spain. It is a fun event where participants from all around the world throw squashed tomatoes at each other. The week long festival is also famous for its parades, fireworks, music and dance. The tomatoes are provided to the participants before the start of the event. In order to maintain safety participants are encouraged to wear goggles and water trucks are placed across streets.

Florida Keys Underwater Music Festival in USA

The festival is usually celebrated to draw attention to the conservation of the coral reef. It is a wonderful festival for divers and music lovers. The festival takes place in a sand area near the coral reef. Hundreds of divers and underwater musicians play songs on the theme of Ocean. It is being celebrated every year for the last 25 years.

ice & snow sculpture festival in china

The Harbin ice and snow festival takes place during the month of January in Harbin of Heilongjiang province of China. Attracting thousands of tourists it features an international competition of ice sculptures and illuminated snow block buildings. Multicoloured lights illuminate the ice and snow formations creating a spectacular sight at night. Artists who construct the ice sculptures use ice from the frozen Songhua river.

Oktoberfest in Germany

The largest funfair in the world, Oktoberfest takes place from the end of September to beginning of October in Munich City of Germany. The festival attracting around 6 million people around the world includes amusement rides and traditional food. 6 breweries around Munich serve around 7 million litres of beer every year.

Music Therapy

Did you ever feel that therapy involves talk by a psychologist and nothing else could come under the domain of therapy?If your answer is yes,Then you are wrong!!Well times have changed my reader~

Therapies have come a long way to incorporate other clinically approved methods such as animal assisted therapy,food therapy,aroma therapy etc.Music Therapy is one clinically developed program by psychologists to assist speedy healing of their clients.In this blog,the readers would be introduced to the world of Music therapy.So lets get started!

WHAT IS MUSIC THERAPY?

Music Therapy is the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an approved music therapy program.It is is an established health profession in which music is used within a therapeutic relationship to address physical, emotional, cognitive, and social needs of individuals. After assessing the strengths and needs of each client, the qualified music therapist provides the indicated treatment including creating, singing, moving to, and/or listening to music.

Through musical involvement in the therapeutic context, clients’ abilities are strengthened and transferred to other areas of their lives.This therapy also provides avenues for communication that can be helpful to those who find it difficult to express themselves in words. Research in music therapy supports its effectiveness in many areas especially emotional rehabilitation.

history

You all will be shocked to know that both world wars were the trigger that initiated the development of this therapy.During and after both World Wars, doctors and clinicians began to realize the powerful effects that music has on the healing process and requested that professional musicians be hired by the hospitals.This therapy first got officially recognized in the Michigan state university of the United States of America.Ultimately,The American Music Therapy Association (AMTA) was formed which focuses on creating more awareness about this wonderful therapy.

BENEFITS

Music therapy can benefit many individuals. The diverse nature of music means it can be applied in the treatment of concerns both physical and psychological.Since music can evoke positive emotions and improve brain health,Music therapy is said to manage and alleviate symptoms of mental health concern such as Depression, Mood issues,Anxiety,Schizophrenia,Substance abuse,Autism,Personality issues,Insomnia,Dementia etc.

In addition,Music therapy can improve the social,cognitive,emotional and motor functioning.This therapy was also effective in controlling patient’s situation in Alzheimer’s,Cancer and Hypertension.

Music therapy is frequently administered to reduce stress levels and pain perception of females in labor.This novel therapy has also been linked with improvements in self-esteem, self-concept, verbal communication, prosocial behavior, socialization skills, group cohesion, and coping skills.

Limitations

Even the most beautiful things have flaws,and so has music therapy.One of the major drawback is that this therapy cannot be used as a stand-alone therapy.The music therapy is also known as music assisted therapy implying it’s sole purpose is to assist the main therapy applied by the clinician on the client to produce fast results and relief.

Also,the music therapy like all other therapies is individualized.This is not a major drawback but should be kept in mind before going in for this option.All individuals are unique and so is their taste in music.Thus the therapist has to do additional tests to see which type of music and musical instrument works better for the client.

ALWAYS REMEMBER,WHERE WORDS FAIL,MUSIC SPEAKS…..

Thus in short we need to know that music therapy is a wonderful form of therapy which strengthens an individual and increases his/her quality of life.Choose Music for a better Life!

Do give a like,if you all found this article to be Interesting!

Thankyou!

Stay Knowledgeable!

Environment Scan

The world is a greener place today than it was 20 years ago. NASA used Moderate Resolution Imaging Spectroradiometer(MODIS) to get a detailed picture of Earth’s global vegetation through time. The technique provided up to 500 meter resolution for the past two decades.

According to NASA, in contrast to the perception that China and India are over exploiting land, water and resources for economic gain, the countries are responsible for the largest greening of the planet in the past two decades. China and India implemented besides infusion of technology around agriculture. India broke world records in tree planting, with 800000 Indians planting 50 million trees in just 24 hours.

The NASA’s high resolution imagery published in the journal Nature Sustainability, allowed comparison of satellite data :mid-1990s-2019.Initially,the researchers wondered about the significant greening around the planet. Was it due to a warming planet, increased CO2 or a wetter climate that could have caused more plants to grow. Further investigation of the satellite imagery, helped find the disproportionate greening in China and India. If the greening was primarily a response from climate change and a warming planet, the increase vegetation wouldn’t be limited to country borders. Besides, higher latitude regions should also become greener faster than lower latitudes as permafrost melts and areas like Northern Russia become more habitable.

The United States stands 7th in the total change in vegetation percent by decade. It is encouraging to see swift and rapid change in governance and land use.

Electronic waste comprises waste electronics/electrical goods that are not fit for their originally intended use or have reached their end of life. This may include items such as mobile phones, computers, monitors, calculators, CDs, printers, scanners, copiers, battery cells, Radio, TVs, medical apara and electronic components besides white goods such as refrigerators and air conditioners which contain hazardous constituents, although e-waste itself is not harmful. E – waste also contains recoverable value materials like copper, silver, gold and platinum. The harmful materials contained in electronic products are heavy metals such as lead, barium and cadmium which are harmful to health if they enter the water bodies. These materials can cause damage to the human nervous and respiratory systems.

India is among the world’s largest consumers of mobile phones and produces more than 1.5 million tonnes of e-waste each year. Most consumers are still unaware of how to dispose of their e-waste. E-waste Rules, 2016,was enacted on 1 oct 2017,further strengthening the existing rules.

Police encounters

Police encounters, are they to be celebrated, are they an act of bravery or just oppression of weak? It is a question that needs an answer. We all know that encounters are an act of bravery, but we forget that the one encountered also had their rights, as humans. People have now forgotten that “An eye for an eye leaves the world blind.” Many are times are there arguments that those are criminals who have done heinous crimes, but if those have done crimes, then it is the duty of the judiciary to adjudicate. Encounters just bypass the system, legal procedures to provide them with instant justice. As responsible citizens, we should demand a fair inquiry about the encounter but the public nowadays endorse encounters without differentiation, it doesn’t matter to people if the encounter was fake or real. A major role is played by the film industry in making such a mindset of people, many movies picture vigilantes instead of police. Vigilantes surely could be heroes for some, but in the dress of police, they won’t be less than monsters. Because police are there to ensure law not to break them, at least publicly. They are role models, if they act as vigilantes, the day won’t be far when we would be living in a society of vigilantes that won’t do any good. Encounters violate the Indian constitution’s Article 21, which deliberately states that,  “No person will be deprived of his life or personal liberty except in accordance with the procedure established by law “. If the guards of the constitution violate it, how can society be trusted to uphold it? Often arguments are provided by police is that these were dreaded criminals against whom no one would dare to provide evidence, but this philosophy is too flawed to be accepted as true. As we all know, India is one of the countries that are awarded the honor of most corrupt countries. So to get rid of a rival, such philosophies are present corruption scenarios could be used. Even the Supreme court of India acknowledged the cold-blooded murders enshrouded behind the encounters. In Prakash Kadam vs Ramprasad Vishwanath Gupta paragraph 26 of the judgment, says, “ Trigger happy policemen who think they can kill people in the name of ‘encounter’ and get away with it should know that the gallows await them”. Whether it is the encounter of ferocious Vikas Dubey, Kanpur, or the Hyderabad encounter where the police were garlanded, the scripting of the encounters couldn’t hide, because of the fact that the script was not at all as they know, no one would raise questions except for a small group which could be silenced through the “Anti-National” ammunition. These are people who have been charged for heinous crimes but, they didn’t get a fair chance to counsel, to prove their point, to raise the shroud from the officials who helped them reach such heights. Vikas Duby had 60 criminal cases against him, no ordinary person could even dare to have even 1 case against him. He murdered 8 police personnel, no commoner could even dare to get in a verbal feud with an official. This could have been possible only if he also had a godfather to look after his deeds. But due to the encounter, the nexus behind couldn’t come in limelight and is still functioning. This encounter did more harm than good to the society and similarly, several other encounters, undermine the foundation of the society without even the societal members noticing it, instead garlanding them, endorsing them. The celebration of such extra-judicial killings, endorsement by the pop culture and politicians should be questioned by the society, else it won’t be far when a near and dear to you could be having the same fate.

Image by rawpixel.com

EATING DISORDERS

We will in a world where being thin is considered to be the beauty standard and anything other than thin is fat. People openly comment and advise on how to lose weight. So people in the process of being thin some develop eating disorders. Eating disorders are a type of mental disorder which abnormal eating behaviour negatively affects ones physical and mental health. People tend to assume that eating disorders are a lifestyle choice or that people choose to have an eating disorder. The eating disorders are of different types. Some range from extreme overeating and extreme restrictive eating. There are different types of eating disorders. But there are two main types, Anorexia Nervosa and Bulimia Nervosa.
Anorexia Nervosa is a type of eating disorder where people perceive that they are overweight, they also have bad self-esteem where they constantly feel fat and have to lose weight. People suffering from anorexia nervosa restrict their diet or vomit or use a laxative to force out the food in their system. Because they don’t want to gain weight, they force out food. Anorexia Nervosa has the highest mortality rate of any mental health disorders. Their diets are always restrictive with less calorie intake. Because they don’t eat a nutrition meal, they are very thin and have a deep fear of gaining weight. They consider themselves as overweight and continue to start themselves despite life-threatening starvation. The symptoms of the disorder are seen over a while. Mild anemia, brittle hair and nail and growth of fine hairs are one of the first symptoms seen. The growth of the fine is to keep the body warm when there is no fat to keep the body warm. Severe constipation, low blood pressure and multiple organ failure, the person will feel cold all the time and infertility are major symptoms the patients will face.
Bulimia Nervosa is an eating disorder where people tend to overeat large amounts of food with control over their eating habit. People suffering from Bulimia Nervosa eat large amounts of food and overcompensate by self-induced vomiting, over the use of laxatives to force the food out, fasting for long times. They overeat and then use extreme methods to get rid of it. They consider themselves as overweight and have self-perceived flaws. They always fear of gaining weight. They have a chronic swollen throat because of self-induced vomiting. They also have swollen salivary glands of self-induced vomiting. Acid induced reflex and intestinal distress and irritation from the use of laxatives. Long term effects are electrolyte imbalance which can lead to a stroke from there a heart attack; tooth enamel can become overly sensitive because of stomach acid because of self-induced vomiting
Eating disorders can affect people of all genders, ages and racial backgrounds. They usually start in the teenage year of a patient. There are many treatments for eating disorders.
People suffering from eating disorders have a higher risk of depression and suicidal tendencies. The treatments are usually psychotherapies and medications. To reduce the tendencies of self-induced vomiting and binge eating, Cognitive behavioural therapy is a frequently used therapy tool to help the patients acknowledge their unhealthy patterns of eating behaviour. Some medications are prescribed by the psychiatrist.

One Plus Nord : An Affordable Premium

Nowadays, we all are obsessed with Smartphones. We cannot imagine a life without it, that is for sure. Due to the Pandemic situation for Corona Virus, i.e., Covid 19, we all are stuck at our homes. As for most of us, we are participating in Group meetings, Virtual Classes, Work from Home or just for making a video call to our loved ones, or to drop a mail to the office. We all are engrossed in smartphones for Studies, Official Work or for Entertainment, for all the other aspects with the help of Smartphones. A Smartphones along with proper Internet Connectivity is a must nowadays. All we do is typing on our smartphones, also for Online Shopping this comes handy. Smartphones are a savior for us, right at this moment. We all cannot afford the Luxury I phones or something close to that, as because we are youngsters and do not earn so much, but we all dream to own a premium quality Handset. This is a sort of Fascination or a Trend revolving around today’s world and we cannot deny that. What if we want a Beautiful camera or better resolution in a much more affordable form? The easiest option is to buy A One Plus Node, much cheaper in rate than a Premium Smartphone. One Plus Nord is an android based Smartphone, which will be launched as on 21st July, 2020s. It will be available in India, off course, also in Europe, Malaysia and in some parts of Hong Kong. Slogan for the One Plus Nord Smartphone is, ‘Pretty much anything you could have asked for’. According to Gadgets Now, that is India’s No 1 Tech news site, One Plus Nord is described as it:

1) Camera: One Plus Nord comes with a quad-camera setup that includes a 48MP Sony IMX586, primary camera, and 8 MP ultra-wide-angle lens. On the front, the phone will feature a deal punch hole camera that will include a 32 MP main sensor and an 8MP ultra-wide.

2) Design and Specifications: OnePlus Nord will have a curvy glass back with a vertically aligned quad-cam set up that will be on its top right corner. While the alert sider is shifted to right edge, just above power button. Weight – around 185 grams.

The new entrant is expected to run Android 10 with Oxygen OS on top. It will have a 6.4inch Full-HD+ AMOLED Touch screen display with Corning Gorilla Glass protection. One Plus Nord is one of the first few phones to launch in India having an Octa-core Qualcomm Snapdragon 765G SoC processor, coupled with up to 12GB of RAM.

3) Battery and Color Options: OnePlus Nord is expected to support 4115mAh battery, can back up to 30W Warp Fast Charging. This is available in three color options like Gray Ash, Blue Marble and Gray onyx.

4) Storage Options: OnePlus Nord is available in three different storage variations – 6GB RAM + 128GB internal storage and 12GB RAM + 256GB internal storage, available at several costs.

OnePlus Nord smartphone price in India is around Rs 24,999. A Survey would be done in which these smart phones will be given for usage to 50 chosen people for a review in US and Canada, the best part is reviewers can keep these phone, depending on the situation. This is a form of Marketing Strategy. One Plus Nord is founded by Pete Lau Carl Pei, and area served is worldwide. There’s a slight difference to OnePlus Nord models sold in India, versus other countries in respect to5G. This is an opportunity to experience something brand new and OnePlus Nord is the Flag Bearer of an affordable premium. Games like Pubg can be played in big screen and HDR video is streamed using YouTube and Netflix. This whole thing is pretty much hyped up and a lot of people are extremely excited to try this model out. It is free from any competitors as such, no companies haven’t made a 5g ready phone yet in such an affordable range under 50,000. This states that One Plus Nord is indeed in a much better position.

Mindfulness – The art of being the master of the Mind.

Mindfulness is a concept that most people familiar with meditation would be aware of. It’s a way of living; the best way perhaps.

 Meditation being one of the best grounds for attaining mindfulness, helps us to be the master of our minds and helps us to lead a life without much distractions and judgements.

 Mindfulness should not be mistaken as a life devoid of stresses or sadnesses; it helps us gain control over the steering wheel of our life. Letting us approach any unpleasantly circumstance without any prior judgment or distraction.

With the shackles of worries from the past and the uncertainties of the future often fretting us from fully dealing with the task at hand.

Not endeavouring or engaging fully and wholly with the task at hand is the biggest reason for not excelling at the pursuits of life, in both the short and long term. Leading to more troubles and worries.

No worries and following our dreams being the very reason of human existence is often put aside like cutlery in our almirahs, that we may never use.

All people desire for success. However, success is different for different people. But it’s amusing that the path to it is almost the same.

But if we closely look at the success mantras of the most successful people, there’s something that synonymously strikes out. The factor being focus.

The one which we all feel we’ve, but lack immensely.

Being able to completely focus on the the task at hand drives these wise people around the world to their successes.

Something that might seem so trivial but is ardently true. The paths two people tread upon are never the same. But if a factor is equally responsible for the growth, it makes the authenticity of the factor obvious.

A necessity. But not often talked about. In this era of rapid advancements, with whole of mankind scrambling behind success, we as a being collectively lack the factor that most contributes to success. Focus.

We the people, are mostly the slaves of our minds. The inability to control the very thoughts of a being is his biggest peril.

The mind can be an excellent servant, if we put in our time and efforts for being its master.

Mindfulness and focus are two terms that go hand in hand. Just like any other muscle, the mind needs constant exercise and use of it wisely, paves the path to a more serene lifestyle, the one we all yearn for.

Meditation and other related practices have made such an astonishing practice so easy to master. Dedicated efforts towards it can result in a complete resurrection of our own-selves. It’d be wise to tread down such a path.

Awareness and acceptance are the two biggest aspects of mindfulness. It makes us fully accept and be aware of all that surrounds us and lets us take action without baggage. 

Research has shown that mindfulness has facilitated a complete rewiring and reshaping of our brain. Changing it for the better, within a tiny span of just a couple of months of dedication and the returns being a plenty.

This amazing concept has been around for thousands of years now and will continue to be, throughout the years to follow. 

Army begins process to grant Permanent Commission to women; candidates to submit applications by 31 Aug

New Delhi: The Indian Army has kickstarted the process to grant Permanent Commission to eligible women officers, nearly two weeks after the defence ministry approved the proposal.

Officials said the Army headquarters has invited applications by 31 August for grant of Permanent Commission (PC) to women officers recruited under Women Special Entry Scheme (WSES) and Short Service Commission (SSC).

“Consequent to the receipt of formal Government Sanction Letter for grant of PC to women officers in Indian Army, the Army headquarters is in the process of convening a special number selection board for screening women officers for grant of PC,” said an Army statement.

The officials said women officers who have joined the Army through the WSES and SSC are being considered for grant of the PC.

Last month, the Ministry of Defence issued an order for grant of PC to women officers in the Army.

In a landmark judgement, the apex court in February directed that all serving women officers recruited under the short service schemes will have to be considered for PC.

Officials said 10 streams where PC of women officers are being made available include army air defence, signals, engineers, army aviation, electronics and mechanical engineers, army service corps and intelligence corps.

At present, the Army offers permanent commission to women officers in two branches — judge advocate general (JAG) and education.

Under SSC, women officers are initially taken for a period of five years, which is extendable up to 14 years. Permanent commissioning will allow them to serve till the age of retirement.

The Army recruits women officers under SSC for streams like air defence, engineering, signals and services and they can serve up to a maximum of 14 years.

The three services have allowed permanent recruitment of women in select streams including medical, education, legal, signals, logistics and engineering.

The women officers recruited through the SSC in the IAF have the option of seeking permanent commission in all streams except the flying branch.

The Navy has allowed permanent commission of women in a host of departments such as logistics, naval designing, air traffic control, engineering and legal.

Happy Raksha Bandhan

Raksha Bandhan is celebrated as on the full moon Hindu month of Shravana ( Shravana Purnima ) or around July or August every year. This day is celebrated to mark the bond between brothers and sisters. The Expression “Raksha Bandhan” in Sanskrit literally means the bond of ‘Protection, Obligation or Care”. The Sister ties a sacred thread on wrists of the brothers, named as “Rakhi”. Also, the sister prays to God that may his brother stays in high spirits and healthy forever. This is a custom which is being followed for so many years, till date. This is a day for celebration or happiness for all the brothers and sisters across the world. Whether he is a cousin, or a sibling, or someone known, the sister will wait for his day to tie the thread. We also form bondings with someone whom we meet by travelling, or seniors in our office or schools, they also uplifts us so much with heir brotherly instinct. Actually, this is a ritual which depicts the protection of brothers from all the evils and odds, simultaneously brothers also plays the role of Savior after the demise of her father or her husband. Sisters have an immense respect for their brothers, so this “Raksha Bandhan” celebrates the connection of Brotherhood and Sisterhood. Gift plays a very important part in this ceremony. It isn’t about the gift actually but just the soulful connection between them, as sisters tend to demand a lot and throw all the childish tantrums to their brothers only. A sister blesses the younger brother for her well being and prays for his successful life. No Raksha Bandhan is ever complete without a gift In return of the Rakhi, the brother especially pays a sum of money or gives presents to the sisters as a token of appreciation. This attachment stays on for Lifelong. “Raksha Bandhan” signifies togetherness between brothers and sisters. The term ‘Raksha’ signifies Protection and ‘Bandhan’ signifies the Bond. Rakhi is tied on the wrists of Brothers to show care and affection for him. Lets find out the History behind his celebration and how it actually started.

According to the ancient mythology, it has been stated that In Mahabharata, Lord Krishna shared a brotherly relationship with Queen Draupadi, she considered Lord Krishna as her brother. For the protection of Dharma on the Earth, he killed Sishupal, while doing so he accidentally has hurt his finger and it was bleeding very badly, Draupadi could not tolerate this and she had torn a strip from her saree and tiedit on the Finger of Lord Krishna. Amused by her behavior, Lord Krishna promised to protect her from all odds and be by her side forever, which he did so as well later on. Another popular evidence regarding Rakhi is between Rani Karnawati and Emperor Humayun, In medieval era, Rajputs were busy protecting their territories from Muslim attacks. raksha Bandhan that time meant that the priority of the brothers is to foresee the security of their sisters. Rani Karnawati was the widowed wife of a King of Chittor, she got to understand that she cannot protect her Kingdom from Sultan Bahadur Shah’s invasion, hence she sent a Rakhi thread to Emperor Humayun, he was deeply moved by the gesture and started off to Chittor for saving her. The Great Poet Shri. RabindranathTahore used the concept of brotherhood, togetherness and thread o “Rakhi” as a medium to protect against British Partition Policy to prevail harmony between two communities. A Brother from very childhood keeps guiding the sister, by supporting her in studies by sharing important views for her carrier, also the sisters are the source of inspiration for their Brothers. We eventually learn a lot from our brothers, as he shoulders a lot of responsibilities after the demise of Father, he becomes the decision maker of the family. In “Raksha Bandhan” Ceremony, the Brother promises to bless her no matter what and also to protect her. Hence all the sisters are immensely grateful to their brothers for all the help and support. Nowadays, the Sisters also tie Rakhi on another sister’s hand to show affection. This day, make a video call to your brother or write a letter, expressing your appreciation to him if you cannot meet him personally, just to let the brother know that you love him and still stand by him.

Source – Wikipedia

      A Look into the 2019/20 Champions League Matches to be Played

                                                                                                  -SHUBHANKAR

With the domestic seasons of Europe’s top 5 leagues over, the focus now shifts on the later stages of one of the most elite competitions in football, the UEFA Champions League. With the tournament in its later stages and with top teams in action, these will be one of the best matches to cover for the broadcasters as well as for the spectators. With the 1st leg of the Round of 16 already played, the 2nd leg will be a feast to watch on, with the quarterfinals at stake. So, here’s a brief look at what can be expected in the upcoming days in the premier tournament known as the UEFA Champions League.

The first day will say 3 heavyweights of the game in action in the 2nd leg of the Round of 16. The Italian champions Juventus will take on Lyon, with surprisingly Lyon going with the lead into the 2nd leg as they defeated Juventus 1-0 earlier in the 1st leg between the two teams. Talking about the other fixture that day, it will be a spicy contest as two of the favourites to lift the trophy would lock horns, meaning one of the title contenders will surely be eliminated in the Round of 16. It is the game between Spanish Champions Real Madrid and English giants Manchester City. City go into the match with a 2-1 lead in the 1st leg. This will surely be the match to look out in the Round of 16 remaining matches. The next day will see 4 top teams from different leagues around Europe clash among themselves for a place in the quarterfinals. The match will be played between German champions Bayern Munich and former English champions Chelsea. The other match will be played between Spanish giants Barcelona and the Italian underdogs Napoli.

Now let us discuss who have the best chance of being crowned the UEFA Champions League winner. The race is very tight and the top contenders for me looking at the recent form and the team composition, I feel Real Madrid and PSG are the top contenders for the Champions League crown this season, given their form and the team composition. Looking at Real Madrid, they will face a sergeant Manchester City in the Round of 16, with them trailing the former English champions 1-2, they would I feel overcome this match. After the lockdown, the Spanish champions haven’t lost any of the games, and with no major injury concerns and with their whole team in top form, including striker Karim Benzema, Real Madrid are certain to be in the final for sure, that’s how I see it. Talking about the other contender, that is the French champions PSG. PSG will come into the tournament on the back of winning a domestic treble already. The only little concern for PSG could be the injury to Kylian Mbaape, their main man and this could be a major blow to their hopes of lifting the Champions League this season.

In the end, I want to say that the 2019/20 season is still not over and the fireworks haven’t started yet. Once the Champions League starts, its all to play for.    

Domestic Arbitration:

The Arbitration and Conciliation (Amendment) Act, 2015 grants the liberty to the parties to appoint an arbitrator mutually.

The Act provides that the parties are free to determine the number of arbitrators, provided that such number shall not be an even number. However, if the parties fail to do so, the arbitral tribunal shall consist of a sole arbitrator.1

The procedure in relation to appointment of arbitrator(s) is provided under Section 11 of the Act. A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. The aforesaid section also deals with the contingency wherein the parties fail to appoint an arbitrator mutually. In such a situation, the appointment shall be made, upon request of a party, by the Supreme Court or any person or institution designated by such Court, in the case of an International Commercial arbitration or by High Court or any person or institution designated by such Court, in case of a domestic arbitration.

Before the appointment of arbitrator is made, the concerned Court or the person or institution designated by such Court is required to seek a disclosure in writing from the prospective arbitrator in terms of Section 12(1) of the Act and also give due regard to any qualifications required for the arbitrator by the agreement of the parties and the contents of the disclosure and other considerations as are likely to secure the appointment of an independent and impartial arbitrator.

It may be noted that under Section 12(1) of the Act, an obligation has been cast upon the prospective arbitrator to make an express disclosure on (a) circumstances which are likely to give rise to justifiable doubts regarding his independence or impartiality; or (b) grounds which may affect his ability to complete the arbitration within 12 (twelve) months.

The purpose of this provision is to secure the appointment of an unbiased and impartial arbitrator.

Fifth Schedule to the Act (Annexure-A) contains a list of grounds giving rise to justifiable doubts as to the independence or impartiality of an arbitrator. The Seventh Schedule (Annexure-B) lays the grounds which make a person ineligible to be appointed as an arbitrator.

The Act provides that in an International Commercial Arbitration, an arbitrator of a nationality other than the nationalities of the parties may be appointed where the parties belong to different nationalities.

Expeditious disposal of application for appointment of an arbitrator(s) is emphasized by the Act and an endeavour shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party.

Foreign Arbitration:

Choice of arbitrators:

Unlike court proceedings, in which generally parties have no input into the choice of judge for their case, the parties to an arbitration usually appoint, nominate, or at least have some input into the selection of the arbitrator(s). Most developed arbitration laws require that all of the arbitrators be impartial. However, a party can use its choice or input into the selection process to help ensure that, as far as possible, the tribunal will understand the commercial context, the relevant issues, and the party’s procedural preferences. The parties may agree upon certain criteria for the arbitrators, or for the presiding arbitrator, although they should take care not to narrow the field so far that there are difficulties in identifying potential candidates. In arbitrations with more than one party on either side, or where other parties might be joined in to the proceedings, maintaining the parties’ right to choose the arbitrators (rather than simply delegating the choice to an institution) can be particularly challenging. For example, if one party has the right to select an arbitrator but two parties on the other side cannot agree upon a joint selection, the latter could claim that they were not being treated equally. Careful consideration as to the means of appointing the arbitrators is therefore required in such multi-party scenarios.

Section 11 Appointment of Arbitrators:

(9) In the case of appointment of sole or third arbitrator in an international commercial arbitration, 2[the Supreme Court or the person or institution designated by that Court] may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities.

What are the requirements in your jurisdiction as to disclosure of conflicts? Do courts play a role in challenges and what is the procedure?

Timetable V to the Act records the sort of relations between a mediator and a gathering/advocate/topic of the question, which may offer ascent to reasonable questions in regards to a referee’s freedom. Timetable VII to the Act records the sorts of relations between an authority and a gathering/advocate/topic of the contest, which would, despite any earlier understanding between the gatherings, disentitle an individual from going about as a judge, except if post emerging of questions, parties explicitly postpone such clash. Calendar V and VII (embedded vide the 2015 Amendment) can be supposed to be along the lines of the IBA Guidelines on Conflicts of Interest. A mediator can be tested just if conditions exist that offer ascent to legitimate questions with regards to his autonomy or fairness or in the event that he doesn’t have the capabilities consented to by the gatherings. Subject to any understanding, any test will be made inside 15 days of a gathering getting mindful of the constitution of the council or getting mindful of the conditions prompting the test. The arbitral court will settle on the test. The court has no job at that stage and if a test is dismissed, the arbitral council will proceed with the procedures and render its honor. It is available to the gathering provoking the mediator to take any unfair dismissal of challenge as a ground for putting aside the honor.

How are arbitrators selected? Do courts play a role?

 So far, the courts were involved if parties were unable to agree upon a sole arbitrator or if the parties appointed arbitrators failed to agree on a third arbitrator (and there was no party agreed mechanism in place to make the appointment). After the 2019 amendment to the Act, the courts are left with no role in the aforesaid situations. Instead, the Supreme Court is to designate an arbitral institution to make appointments in relation to international arbitrations and likewise, the High Courts are to designate arbitral institutions to make appointments in relation to domestic arbitrations. The appointments thus are to be made by the designated institutions (and not by the courts). The Act clarifies that there is no delegation of judicial power by the Supreme Court or High Courts to the arbitral institutions and hence (any challenge to an appointment would remain subject to any final order by the courts).

Vinubhai Haribhai Malaviya and Ors. Vs. Respondent: The State of Gujarat and Ors. Case Note

 Criminal – Further investigation – Filing of charge sheet – Sections 156(3) and 173(8) of Code of Criminal Procedure, 1973 – First Information Report was registered against Appellants – Pursuant to filing of FIR, investigation was conducted, which resulted in filing of charge-sheet – Magistrate took cognizance and issued summons to Accused regarding offences under Sections 420, 465, 467, 468, 471, 384 and 511 of Code – Application was filed by Accused No. 1 for further investigation under Section 173(8) of Code and for discharge, which stand rejected – Meanwhile, Application was moved by accused persons to register FIR, or for Magistrate to order investigation under Section 156(3) of Code – Revision applications were filed before Sessions Court, whereby Sessions Judge found that case had been made out for further investigation – Revisional application filed before High Court against said order, High Court held that Magistrate did not possess any power to order further investigation after charge-sheet was filed and cognizance was taken – Hence, present appeal – Whether, after charge-sheet was filed by police, Magistrate had power to order further investigation, and if so, up to what stage of criminal proceeding. Facts: An First Information Report was registered against the Appellants. Pursuant to the filing of the FIR, investigation was conducted by the police, which resulted in a charge-sheet being submitted to the Judicial Magistrate (First Class). The said Magistrate took cognizance and issued summons to the Accused regarding offences under Sections 420, 465, 467, 468, 471, 384 and 511 of the Indian Penal Code, 1860. An application was filed by Accused No. 1 for further investigation under Section 173(8) of the Code and another application for discharge. The Magistrate dismissed the applications that were filed for further investigation and discharge. Revision applications were filed before the Sessions Court, whereby Additional Sessions Judge went into details of facts that were alleged in the application Under Section 173(8) of Code and found that a case had been made out for further investigation. The Criminal Revision Application was filed before the High Court against said order. The High Court held that Magistrate did not possess any power to order further investigation after a charge-sheet was filed and cognizance was taken. The High Court further found that the two interim investigation reports virtually acquitted the Accused persons, and therefore, the High Court set aside the judgment of the Second Additional Sessions Judge. Held, while disposing off the appeal: (i) It was clear that the Magistrate’s power under Section 156(3) of the Code of Criminal Procedure was very wide, for it was this judicial authority that must be satisfied that a proper investigation by the police takes place. To ensure that a proper investigation takes place in the sense of a fair and just investigation by the police-which such Magistrate is to supervise-Article 21 of the Constitution of India mandates that all powers necessary, which may also be incidental or implied, were available to the Magistrate to ensure a proper investigation which, without doubt, would include the ordering of further investigation after a report was received by him under Section 173(2) of Act and which power would continue to enure in such Magistrate at all stages of the criminal proceedings until the trial itself commences. Indeed, even textually, the investigation referred to in Section 156(1) of the Code of Criminal Procedure would, as per the definition of investigation under Section 2(h) of Act, include all proceedings for collection of evidence conducted by a police officer which would undoubtedly include proceedings by way of further investigation under Section 173(8) of the Code of Criminal Procedure. [23] (ii) There was no good reason given by the Court in various decisions as to why a Magistrate’s powers to order further investigation would suddenly cease upon process being issued, and an Accused appearing before the Magistrate, while concomitantly, the power of the police to further investigate the offence continues right till the stage the trial commences. Such a view would not accord with the earlier judgments of this Court, in particular, Sakiri, Samaj Parivartan Samudaya, Vinay Tyagi, and Hardeep Singh, Hardeep Singh having clearly held that a criminal trial does not begin after cognizance is taken, but only after charges are framed. What was not given any importance at all in the recent judgments of this Court was Article 21 of the Constitution and the fact that the Article demands no less than a fair and just investigation. To say that a fair and just investigation would lead to the conclusion that the police retain the power, subject, of course, to the Magistrate’s nod under Section 173(8) of Act to further investigate an offence till charges were framed, but that the supervisory jurisdiction of the Magistrate suddenly ceases midway through the pre-trial proceedings, would amount to a travesty of justice, as certain cases may cry out for further investigation so that an innocent person was not wrongly arraigned as an Accused or that a prima facie guilty person is not so left out. There was no warrant for such a narrow and restrictive view of the powers of the Magistrate, particularly when such powers were traceable to Section 156(3) read with Section 156(1), Section 2(h), and Section 173(8) of the Code of Criminal Procedure, and would be available at all stages of the progress of a criminal case before the trial actually commences. It would also be in the interest of justice that this power be exercised suo motu by the Magistrate himself, depending on the facts of each case. Whether further investigation should or should not be ordered was within the discretion of the Magistrate who would exercise such discretion on the facts of each case and in accordance with law. [38] (iii) Given the allegations in the communication made by the Commissioner of Revenue, to the Collector, it was found that this was not a case which calls for any further investigation into the facts alleged in the FIR lodged. Yet, having regard to what was stated by the Commissioner in the said letter, the police be directed to register an FIR qua these facts, which needs to be investigated by a senior police officer nominated by the concerned Commissioner of Police. [42] (iv) Therefore, set aside the impugned High Court judgment insofar as it states that post-cognizance the Magistrate was denuded of power to order further investigation. However, given that the facts stated in the application for further investigation had no direct bearing on the investigation conducted pursuant to the FIR, upheld the impugned High Court judgment insofar as it had set aside the judgment of the Second Additional Sessions Judge which had ordered further investigation, and also the consequential order setting aside the two additional interim reports. [43]

5 August 2020 most awaiting day for Hindus



5 August 2020 is most awaiting  day for Hindus because the historic groundbreaking of the ceremony of Ram Mandir  is scheduled at Ayodhya.


A silver brick marking the Bhoomi Puja of the Ram Temple at Ayodhya has to be placed between 8 am and 12 noon on August. The date set by N R Vijayendra Sharma of Belagavi, Karnataka is also apt for Vaastu Muhurta and ideal for Bhumi Puja.


Prime Minister Narendra Modi is scheduled to attend the land worship ceremony .

After lot of controversy  since 1528 finally the  judgement for the construction  of ram mandir at ayodhya was done by supreme court.

The temple construction will be undertaken by Shri Ram Janmabhoomi Teerth Kshetra. The temple has been designed by the Sompura family of Gujarat.


Reason behind controversy:~

On 6 December 1992, Hindu nationalists demolished the mosque, resulting in communal riots leading to over 2,000 deaths. In 2003, the Archaeological Survey of India (ASI) conducted excavations of the site on court orders. The ASI report indicated the presence of a 10th-century north Indian style temple under the mosque.