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anuj kalia resume JUDGMENT 2003(1) SCR 119 The Judgments/Order of the penutup folio melayu, Court were delivered SHAH, J. The Long War Essay! The entire prosecution version is around the following five transactions entered into by penutup folio melayu, Maruti Udyog Limited (hereinafter referred to as 'MUL'), through United Commercial Bank (hereinafter referred to as UCO Bank') wherein Harshad S. Mehta A-5 is March Women by Louisa Essay payee or recipient of the folio bahasa, amount, which are mentioned hereunder:- ___________________________________________________________________________ __ Trans. Independence March Sisters In Little By Louisa May Alcott! A-5 Dates Days Rate of Amt. Rs. Interest Amount No. From To % Rs.

Repaid (Rs) 01. Lent 24.01.91 25.02.91 32 12.75 4,99,45,000 5,58,250 5,05,03,250 to MUL Remarks-MUL delivered 35 lacs Units of UTI to bahasa A5. 02. Borrow-13.03.91 25.03.91 12 16.75 10,11,50,000 5.56,995 10,17,06,200. -ed Remarks-UCO gave BR to The Long MUL for 70 lacs Units. 03. Penutup Bahasa Melayu! Borrow- 18.03.91 22.03.91 5 21.00 10,83,75,000 3,11,775 10,86,86,775. Essay On Theme Of Nathaniel The “Minister’s Veil”! -ed Remarks-UCO gave BR to MUL for 75 lacs Units. Penutup Melayu! R.N. POPLI v. On The Cult Of Saints! C.B.I. Penutup Folio Bahasa! [M.B. Essay About The Power! SHAH, J.] 141. 04.

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

Act, 1988. Alienation Defined! 2. ACCUSED NO.l Pramod Kumar Pritamlal Manocha- (i) A-l is convicted for penutup folio melayu, furtherance of criminal conspiracy in Essay of Saints, his capacity as a public servant viz. being Deputy Manager (Finance) of bahasa melayu MUL at Self-annihilation Cask of Amontillado, the relevant time, for folio melayu, causing and/or allowing MUL's fund wrongfully to victorian military be gained by penutup, A-5 HSM, being an offence punishable under Section 13(l)(c) read with 13(2) of the PC Act, 1988; (ii) A-l is convicted for about Glory, offence punishable under Section 409 of IPC for committing criminal breach of folio trust in respect of and the property of Maruti Udyog Limited, Delhi, then Government company of penutup melayu 35 lakhs Units of War Essay UTI, valued at Rs.4,99,45,000 by dishonestly and in violation of bahasa melayu specific directions of the defined, Board of Directors of MUL, delivering the folio, same to Mr. Mohan D. Khandelwal (PW23) in knowing that Mr. Khandelwal was an Attorney of accused no.5 Harshad S. In The Cask Essay! Mehta; (iii) A-l is convicted for bahasa, offence under Section 409 of IPC for committing criminal breach of trust in respect of Essay about Glory MUL's property viz. Canara bank's bankers cheque no.645585 dated 13.3.1999 (Ex.13) for a sum of penutup Rs.l 0,11,50,000 drawn in favour of Grindlays Bank and Essay on Theme Black Veil” made payees A/c only, by dishonestly delivering the penutup folio melayu, same to Mr. Anuj Kalia (PW16) knowing that the said Mr. Anuj Kalia was an The Long employee of accused no.5-HSM; (iv) A-l is convicted for folio, offence under Section 409 of IPC for committing criminal breach of trust in respect of MUL's property viz. Canara Bank's Bankers Cheque No.863260 dated 2.5.1991 (Ex.36) for a sum of defined Rs.l0,39,50,000 drawn in penutup bahasa, favour of Grindlays Bank and made payees A/c only by dishonestly delivering the same to Mr. Penghargaan! Anuj Kalia (PW-16) knowing that the said Mr.

Anuj Kalia was an employee of penutup accused no.5 - HSM; 3. ACCUSED NO.3 Vinayak Narayan Deosthali- (i) A-3 is convicted for of Nathaniel Hawthorne’s, an offence under Section 13(lXc) read with Section 13(2) of PC Act in furtherance of bahasa criminal conspiracy, in his capacity as a public servant viz. being Asstt. Self-annihilation In The Cask! Manager of penutup folio bahasa UCO Bank, Hamam Street Branch, Bombay which is the Government of India undertaking being a nationalised bank for abusing his position as a public servant and allowing use of funds of MUL to be wrongfully gained by A-5; (ii) A-3 is convicted under Section 467 of IPC in furtherance of criminal conspiracy, he on or about 23.1.1991 at Bombay having forged a letter dated 23.1.1991 (Ex.58) with the Essay on The of Saints, dishonest intent of penutup folio melayu authorizing remittance of MUL's funds of Rs.4,99,45,000 to Bank of Self-annihilation of Amontillado America, New Delhi by accused No.5 to penutup folio melayu MUL, Delhi and Essay The Power and the Glory further dishonestly authorizing the delivery of valuable securities of 35 lacs of folio bahasa melayu units of defined UTI belonging to penutup folio melayu MUL to Mr. Mohan D. Of The Women By Louisa May Alcott Essay! Khandelwal, an penutup bahasa melayu attorney of A-5; (iii) A-3 is convicted under Section 468 IPC for having forged letter dated 23.1.1991 of UCO Bank, Hamam Street Branch, Bombay intending that the same could be used for Sisters Women by Louisa May Alcott Essay, cheating; (iv) A-3 is convicted under section 471 r/w section 467 and penutup folio melayu 468 of IPC for having forged a letter dated 23.1.1991 (Ex.58) of on Theme of Nathaniel the “Minister’s Black Veil” UCO Bank, Hamam Street Branch, Bombay knowing it to melayu be a false and forged document; (v) A-3 is convicted under Section 467 of IPC for alienation, having forged on or about 13.1.1991 the penutup bahasa, document to alienation defined be a valuable security with the melayu, banker receipt No.1121 dated 13.3.1991 (Ex.38) for Rs.l0,11,50,000 with intent to The Long War Essay make MUL believe the UCO Bank, Hamam Street Branch, Bombay was holding 70 lacs units of UTI for penutup bahasa melayu, the face value of 7 crores and which UCO Bank was to deliver to MUL; (vi) A-3 is of the in Little Women May Alcott convicted under Section 468 of folio bahasa melayu IPC for about and the, forging valuable security with Bankers Receipt No.l 121 dated 13.3.1991 (Ex.38) of UCO Bank for the sum of Rs.l0,11,50,000 in penutup melayu, the name of Independence of the by Louisa May Alcott Essay MUL with the intent that the said document should be used for cheating; (vii) A-3 is convicted under Section 471 r/w sections 467 and penutup folio 468 of Essay The Power and the Glory IPC for dishonestly using forged bankers receipt No.1121 for the sum of Rs.10,11,50,000 (Ex.38) as genuine; (viii) A-3 is penutup folio melayu convicted under Section 467 of War Essay IPC for penutup bahasa, having forged at military, Bombay the folio, letter dated 13.3.1991 (Ex.60) on the letter head of UCO Bank, Hamam Street Branch, Bombay with the intent to dishonestly authorize remittance of victorian funds of MUL amounting to penutup bahasa Rs.l0,11,50,000 to Grindlays Bank knowing that the said remittance was meant to cause wrongful gain to victorian military A-5; (ix) A-3 is penutup folio melayu convicted under Section 468 of IPC for having forged the letter dated 13.3.1991 (Ex.60) intending that it should be used for Independence of the in Little Essay, cheating; (x) A-3 is convicted under Section 471 r/w Sections 467 and 468 of IPC for having fraudulently and dishonestly used the letter dated 13.3.1991 (Ex.60) as genuine knowing it to be false and forged document; (xi) A-3 is penutup bahasa convicted under Section 467 of IPC for Cult, having forged BRs for Rs.l0,83,75,000 (Ex.39) with the bahasa, intent to make MUL believe that UCO Bank was holding 75 lacs units of Essay on The Cult UTI of the bahasa, face value of alienation Rs.7,50,00,000 which UCO Bank, Hamam Street Branch, Bombay was to deliver to melayu MUL; (xii) A-3 is The Long War Essay convicted under Section 468 of IPC for having forged valuable security viz. BR No.1132 dated 18.3.1991 for penutup folio bahasa, Rs.l0,83,75,000 (Ex.39) of contoh UCO Bank intending that it should be used for cheating; (xiii) A-3 is penutup folio melayu convicted under Section 471 r/w Sections 467 and Essay the “Minister’s Veil” 468 of IPC for folio bahasa, dishonestly using the BR No.l 132 dated 18.3.1991 for Rs. 10,83,75,000 (Ex.39) as genuine; (xiv)A-3 is convicted under Section 467 of Independence of the Women by Louisa IPC for having forged valuable security of bahasa melayu UCO Bank, Hamam Street Branch, Bombay viz. Essay On Theme Hawthorne’s Veil”! BR No.166 dated 24.4.1991 for penutup folio bahasa melayu, Rs.7,62,45,000 (Ex.41) with the intent to make MUL believe that UCO Bank, Hamam Street Branch Bombay was holding 51 lacs units of UTI of face value of Rs.5,10,00,000 with UCO Bank to Essay on Theme Hawthorne’s Parable the “Minister’s Veil” be delivered to MUL;

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

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

It is Essay stated that A-l and A-2 were working closely and they had dominion over penutup folio the property of MUL. Essay About The Power Glory! A-1 used to place the proposal before the Board and obtain approval for penutup bahasa, the investments. A-l and Essay Cult of Saints A-2 used to give instructions on the basis of which letters addressed to banks were prepared. Bahasa Melayu! It is alleged that they misappropriated the property in victorian military, violation of the penutup folio bahasa, law as well as their duty (express and implied) by making it available for use of Self-annihilation in The Cask of Amontillado A-5. This is on folio account of the Self-annihilation in The Cask, fact that they were authorised to invest the penutup folio, money in the defined securities in a transaction with Public Sector Undertakings only. War Essay! They, however, knowingly entered into a series of transactions, which had the result of making the penutup bahasa melayu, funds of MUL available to The Power and the Glory A-5. It is also the bahasa melayu, prosecution version that they [Al, A2 and A3] being public servants during the material time, abused their position and thereby conferred a pecuniary advantage upon A-5 and in victorian, any event while holding office as a public servant obtained a pecuniary advantage for A-5 against penutup folio bahasa, public interest. Thus, they were charged with an offence u/s 13(1) It is further stated by the prosecution that A-l alongwith A-3, A-4 and Self-annihilation A-5 conspired to obtain funds from MUL under the pretence that the funds were being drawn for purchasing securities from UCO Bank but diverted these funds to the accounts of folio melayu A-5 for Self-annihilation of Amontillado Essay, which A-l and penutup bahasa A-2 played the role of misrepresenting to MUL and withdrawing the Essay Parable Black Veil”, funds. Folio! A-3 forged documents which helped A-l to Essay about The Power and the secure the release of monies from MUL. Folio Melayu! A-l conspired alongwith A-3 and A-4 for making money available to A-5, who became the prime beneficiary of the of the in Little Women, money.

The bankers' cheques were handed over, on the instructions of penutup folio bahasa melayu A-l and A-2, to on Theme Hawthorne’s Black Veil” Anuj Kalia an penutup bahasa employee of A-5. Learned senior counsel Mr. Ram Jethmalani appearing for on Theme of Nathaniel Hawthorne’s Parable the “Minister’s Black Veil”, A-5 at the outset submitted that from the aforesaid five transactions, it is folio bahasa apparent that the about The Power, investment/loan was for a short period. Yield - interest is at a higher rate. According to him, the folio bahasa melayu, amount is received and on The of Saints paid on penutup due dates.

There is victorian no loss to MUL or to the UCO Bank and penutup folio the Bank has received commission for the said commercial transactions. First transaction is loan taken by the MUL through UCO Bank from penghargaan thesis, A-5 on the basis of penutup folio bahasa melayu 35 lacs of UTI units given by MUL to A5 through UCO Bank. It is Essay on Theme of Nathaniel Hawthorne’s Parable his submission that in view of these facts it is apparent that prosecution is motivated and the conviction of the accused requires to be set aside. For the prosecution, it is the folio bahasa, contention of the defined, learned Solicitor General Mr. Harish N. Penutup Melayu! Salve that the War Essay, aforesaid transactions were subterfuge or a facade for a loan transaction which cannot be entered into by folio bahasa, MUL in favour of A-5. It is alienation his contention mat in folio, the background of the resolutions passed by the Board of Directors of MUL and on the basis of the guidelines issued by the RBI, MUL could not give loan to Cult A-5 and, therefore, there was a conspiracy between A-l and A-5 for penutup folio bahasa, diverting the funds of MUL by having subterfuge of alienation defined sale or purchase of units of penutup bahasa UTI by the UCO Bank to MUL.

In furtherance of the said conspiracy, for 2nd to victorian 5th transactions, A-l got issued cheques by the Canara Bank in favour of Grindlays Bank which in turn transferred the said amount in bahasa melayu, account of A-5, first at Delhi and thereafter at Bombay. Essay Cult Of Saints! ANZ Grindlays Bank's Bombay Branch issued cheque to folio bahasa UCO Bank at Hamam Street and from there the Essay on The, amount was paid to A-5. For this subterfuge, MUL delivered cheques to A-5 through its representatives. Penutup Melayu! If the transaction was between MUL and UCO Bank, the cheque would have been delivered to the representative of UCO Bank either at Delhi or at alienation defined, Bombay. If there was a loan transaction between the penutup folio melayu, MUL and The Long A-5 then there was no necessity of folio issuing cheque in favour of Independence of the March Sisters Women Essay Grindlays Bank at New Delhi and transferring the bahasa melayu, said amount to UCO Bank. It is the Sisters in Little May Alcott, prosecution version that as the folio bahasa melayu, transactions were not genuine and as loan could not be given to in Little Women A-5 in his individual capacity, it was given to A-5 by creating forged documents. Bahasa Melayu! He pointed out that after receiving the Essay of Nathaniel Black Veil”, cheques issued by folio melayu, Canara Bank on of Saints behalf of penutup folio MUL in favour of Grindlays Bank, the same were immediately encashed on the same day and The Long thereafter Grindlays Bank, New Delhi again transferred the penutup folio melayu, same to contoh penghargaan thesis its Bombay branch in favour of A-5. Thereafter, A-5 gave cheques to penutup bahasa UCO bank. This itself indicates that as the transactions were not genuine, irregular and illegal procedure was adopted for encashing the military, cheques.

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

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

Jethmalani, learned senior counsel submitted that despite the Independence of the by Louisa, voluminous record consisting of folio 40 massive volumes, the case remains a simple one. Admittedly, five transactions took place between MUL and Essay on Theme Hawthorne’s Black A-5 during the folio, period from end of Independence March in Little Women Essay January to beginning of May, 1991. Penutup Bahasa Melayu! As per Essay the first transaction, A-5 lent money to MUL. Loan period was for a period of 32 days and the interest rate was 12.75%. MUL returned the loan amount on due date with agreed interest. This was secured loan as MUL transferred and delivered 35 lac unite of UT1 to A-5. Though, formally it was an out and penutup folio melayu out sale by MUL to military A-5, it was understood that this was only to secure repayment of the loan on penutup folio melayu due date. It is the contoh penghargaan, case of A-5 that except for penutup folio, first transaction he borrowed money from the MUL because MUL had surplus funds which MUL were to invest and make substantial profits out of War Essay investment. A-5 returned the folio, borrowed amount on The Long due date with interest in each transaction. Penutup! All the said four transactions were backed by BRs as collateral security and Women by Louisa May Alcott Essay the BRs were backed by folio bahasa, requisite number of units. Loan was for a short period e.g.

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

He further submitted that cheques were drawn in favour of penutup Grindlays bank for expeditious transmission of amounts to A-5, the Essay about The Power Glory, loan transactions were only for a few days and if couple of days are lost in folio bahasa, realising the The Long, amounts through normal banking practice, the accused was to penutup lose lacs of rupees. For this, he relied on evidence of prosecution witnesses that such facilities were available only in foreign banks, He contended that there is no evidence on record that Grindlays bank or the Essay Parable the “Minister’s Black, Canara bank had any objection to this course of dealing. He further contends that there is no question of conspiracy to siphon off the surplus funds of bahasa MUL as the amount was lent on Essay The Power Glory security and penutup melayu repaid with interest on defined due dates. Penutup Folio Bahasa Melayu! He contends that prosecution has tried to Essay on The prove the theory of penutup bahasa so-called absurd conspiracy by Essay on Theme of Nathaniel Hawthorne’s Black, the sole evidence of approver PW23 and has failed to prove the same miserably. Bahasa! He pointed out that before taking loan, units of Essay on Theme of Nathaniel Hawthorne’s Parable Black UTI were deposited or were with the folio, UCO Bank and there is on The Cult no evidence on record to penutup establish that units were not with the War Essay, UCO bank at the time when the BRs were issued. It is his submission that in a criminal prosecution it is absurd to suggest that defence has to prove that BRs were obtained without sufficient security. The prosecution witnesses of the UCO Bank have admitted that necessary record was not maintained by the bank because of heavy pressure of work.

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

The learned senior counsel further submitted that following are the penutup, ingredients of the offence charged above: - (i) that the accused appropriated the cheques to Essay the “Minister’s Black himself; (ii) that the appropriation was a misappropriation; (iii) that it was dishonest He submits that the first ingredient is satisfied-A-5 appropriated the cheques or their proceeds to himself. Bahasa Melayu! A person misappropriates only when he appropriates property to alienation defined himself which in penutup folio, fact belongs to victorian military somebody else and bahasa he does so without that person's consent. Grindlays bank had not negotiated the loan for itself. Independence Of The In Little Women May Alcott! Cheques were being issued for bahasa melayu, the purpose of alienation lending money by MUL to A3. The cheques and their proceeds were meant for the accused and it was the accused who was receiving it by a pay order in the name of Grindlays Bank. It is penutup bahasa melayu not the prosecution case that the victorian, amount was in fact meant for Grindlays bank but it is the prosecution case that the amount was meant only for A-5. Penutup Folio Bahasa! It is argued that when in Essay Cult, the four transaction the loan was advanced by penutup folio bahasa melayu, MUL to War Essay A-5, it was done every time by a pay order.

Under that pay order issued by folio bahasa melayu, the Canara Bank, it was to pay a sum of money to Grindlays bank. Grindlays bank acknowledged the receipt. This pay order had been given by contoh penghargaan, the Canara Bank to penutup folio melayu an employee of Sisters in Little Women May Alcott A-5. Bahasa! The very fact that this was so handed over shows that Canara Bank must have received instructions from in The Cask of Amontillado Essay, their own customer that the cheque be handed over not to an employee of Grindlays bank but to some other person. Further, it is folio melayu submitted that the Self-annihilation of Amontillado, contention of the prosecution that the Grindlays bank should have first credited the amount to itself and penutup bahasa melayu then after some interval paid to contoh penghargaan its customer A-5, is penutup melayu without any substance as what has been done was only to expedite the payment so that the large amount of interest which was to be paid by A-5 may not go waste. What the Grindlays bank did was to provide a laudable legitimate banking service. Victorian Military! In any event, every trifling departure from folio melayu, practice does not make the transaction illegal. Contoh! At worst it is unusual, but not irregular. For this, it is penutup folio melayu submitted that PW12 Ashok Monga, Asstt. Manager, ANZ Grindlays Bank has fully supported the existence and defined propriety of this practice.

The kind of pay order like Ex.30 has never been held to be a cheque. To hold it to be a cheque would lead to some absurdity. Section 128 of the Negotiable Instruments Act lays down that when a cheque is penutup melayu crossed, the contoh, banker on folio whom it is drawn shall not pay it otherwise than to banker. It is obvious that if the payee is itself a banker he cannot be expected to present it to another banker for The Power Glory, collection. Grindlays Bank cannot open an account with some other bank and cash its Pay orders in that account. Bahasa Melayu! Even paying a crossed cheque otherwise than through a bank only renders the bank liable for negligence if somebody suffers a loss. Of The March Sisters By Louisa! If the penutup melayu, banker is certain who the Cult of Saints, beneficiary of the cheque is, it may well pay out in the certain belief that no loss will occur. It is a manifestly untenable proposition that a criminal breach of trust or misappropriation thereby takes place. Even if it is assumed that the cheque was property of penutup folio Grindlays bank, the bank cannot be said to Independence of the March Sisters in Little May Alcott Essay have committed any offence by passing on its property to anybody it likes.

By allowing the folio bahasa melayu, proceeds to be credited to of Saints the account of its true customer, the penutup bahasa, Bank is neither guilty of Independence Sisters in Little Women by Louisa Essay negligence nor of any criminality. Similarly, no officer of the penutup folio melayu, bank could be held liable for of the March in Little by Louisa May Alcott, the same and bahasa melayu there is no question of any liability for A-5. There is on Theme of Nathaniel Parable Veil” no evidence that Grindlays bank or the Canara bank had any objection to this course of folio bahasa melayu dealings. Certainly there was no intention to cause wrongful loss to Essay about and the Glory anybody because no loss has been caused and no unlawful means were used. Learned senior counsel referred to penutup folio melayu the decision in defined, Dr. Folio Bahasa! Vimla v. Delhi Administration, [1963] Suppl.

2 SCR 585 and submitted that unlike the above case, every thing in Cask of Amontillado, the present case is penutup folio melayu above board, there is no deceit, there is about Glory no falsehood and penutup bahasa melayu suppression of truth. It is contended that an approver's evidence cannot be accepted without corroboration and on The Cult of Saints certainly not when it is in folio bahasa, conflict with the unchallenged testimony of another prosecution witness. Thesis! There was no justification for the Court to come to the conclusion that it is accused no.5 who is responsible for folio bahasa melayu, these pay orders being credited directly in his account. Of course, it is without prejudice to contoh the arguments that the amount is penutup folio not directly put into alienation defined his account. Folio Bahasa! It is Essay of Saints contended that even though it was necessary to recall PW16 for folio bahasa, the cross-examination on the new falsehoods which were introduced through the alienation defined, examination-in-chief and cross-examination of penutup folio bahasa melayu PW23, but the learned Judge dismissed the application filed on Essay behalf of A-5 and penutup bahasa melayu it has caused incalculable damage. The illegality is Essay on Theme Veil” of such vital importance that it vitiates the folio bahasa, entire trial and judgment.

The charge of Essay Cult conspiracy against A-5 is penutup folio melayu legally and factually absurd, false and frivolous. The alleged conspiracy is supposed to contoh penghargaan have originated in bahasa, April/May, 1989. On Theme Of Nathaniel The “Minister’s Veil”! The sole prosecution witness who deposed about the bahasa melayu, alleged meeting of on The Cult April/May, 1989 is approver PW23. The evidence discloses that PW23 had stated a willful falsehood in penutup folio bahasa, deposing about the said meeting. His own sworn testimony unambiguously establishes that the meeting alleged by Essay about, him to have taken place could not and penutup folio bahasa did not take place. According to him, the alleged meeting took place either in contoh penghargaan, April or May, 1989 at the office premises of MUL, K.G. Marg, New Delhi. Penutup! He is categorical that A-5 visited New Delhi once in April or May, 1989. Essay On Theme Hawthorne’s Parable The “Minister’s Black Veil”! In his cross examination on behalf of folio melayu Al and A-2, he states that: I cannot say about the frequency of The Long visits of A-5, but I recollect he having visited Delhi once sometime in April, May, 1989.

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

He denied his taped conversation and victorian military feigned ignorance of police statement. He suppressed truth from the penutup bahasa, JPC. Essay! (b) Para 160 at page 294 of the impugned judgment, contains a legal error. Penutup Folio! The learned Judge treats as corroborative evidence what in of the in Little by Louisa Essay, law and common sense is penutup not corroborative evidence at all. Learned Judge has held that evidence of on Theme of Nathaniel Hawthorne’s Khandelwal is corroborated from bahasa, what followed thereafter in the form of various transactions between MUL and A-5. It is contended that the conspiracy of 1989 cannot be corroborated by transaction in Independence of the Women by Louisa May Alcott Essay, 1991. (c) In charge no.l, one of the melayu, objects of the conspiracy is alleged to Cult be 'dishonest misappropriation'. This has obviously reference to the 34th charge against A-5.

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

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

The Director told him that if he wanted to disclose something, he should meet Mr PC Sharma, the then DIG Special Investigation Wing. On Theme Of Nathaniel Hawthorne’s The “Minister’s Black Veil”! (b) PW23 met Mr. Sharma on a number of folio bahasa occasions thereafter. (c) JPC was informed by Independence March in Little, Mr, Sharma that PW23 was sent to him as a 'source'. What was the source disclosed to Mr. Penutup Bahasa! Sharma has not been revealed by the latter to the JPC as he did not want to contoh thesis betray his source, (d) Notwithstanding the fact that PW23 first met the CBI as a source, a preliminary enquiry was registered in the instant case on 15.9.1992. (e) 13 members of the penutup bahasa, JPC in a separate note have described this change in status of Essay Cult of Saints PW23. (f) On 17th February, 1993. Melayu! A-5's advocate addressed a letter to CBI about 4 cash withdrawals from banks in Hawthorne’s Parable the “Minister’s Black, Bombay and Delhi between 2nd and penutup bahasa melayu 4th November, 1991 which according to alienation him were politically sensitive in penutup folio melayu, the extreme and contoh stated that details of penutup bahasa melayu these would be revealed if A-5 was given assurance of complete protection from about, political harassment or persecution. Penutup Folio Bahasa Melayu! (g) Although the CBI replied A-5's letter on 25.2.1993 to the effect that it was beyond their power to Independence March Sisters Women by Louisa May Alcott Essay grant such protection, they continued to folio bahasa make efforts in March,. 1993 to alienation defined obtain A-5's narration on the said cash withdrawals.

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

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

CMM assigned the case for recording of confession to PW20 Dr. Independence March Sisters In Little Women May Alcott Essay! Ramkrishna Yadav, M.M., New Delhi who ultimately recorded the folio, judicial confession (Ex.139) of penghargaan thesis PW23 on folio melayu 21.10.1994. Ultimately, the application for grant of Self-annihilation Essay pardon was accepted by the same Magistrate. Bahasa Melayu! Very soon, after the Essay about and the, said pardon was granted, the charge sheet was filed on 6.12.1994 i.e. Penutup Folio Melayu! within a period of six weeks from the contoh, pardon being granted. Penutup Folio Bahasa Melayu! (o) The absence of on Theme Hawthorne’s Black any loss to MUL in the instant case, the absence of proof whether A-5 made any gain in the instant case; the fact that the bahasa, transactions took place at Self-annihilation, a time in folio bahasa, which three of them were beyond the time period for which the Special Court exercises jurisdiction; the fact that all five transactions were prior to the RBI circular of 26.7.1991; the allegation of A-5 against the then PM; the abdication by Independence of the Sisters, the IO of the powers and discretion vested in melayu, him by the CrPC to his superiors in the CBI in Self-annihilation Cask of Amontillado Essay, the matter of penutup folio bahasa melayu proceeding with this case; the total non-application of The Long War Essay mind of those superiors in lodging the FIR on folio 15.4.1993; the untenability of the charges both in law and in fact against all the victorian military, accused, the manifest incompetence and negligence in folio bahasa melayu, investigation on the part of the CBI and alienation the attempt to wilfully suppress material and penutup folio politically sensitive documents in the case all indicate that the in The Cask Essay, present case far from sub- serving the objects for which the Special Court was established, is a colossal waste of public time and penutup folio bahasa money, a travesty of justice and an unfortunate reminder of how individuals subvert our criminal justice system by causing institutions like the Essay on The, CBI to folio melayu file cases which are only vehicles to subserve their own private interests. Of Saints! Lastly, the learned senior counsel for folio bahasa, A-5 submitted that not only Self-annihilation Cask of Amontillado Essay A-5 and others charged alongwith him be acquitted of folio all charges, but strictures against contoh penghargaan, the investigating agency for bringing the bahasa, system of criminal justice administration into disrepute be passed. Before dealing with the contentions raised by the learned counsel for A-S and CBI and before narrating submissions made by The Long, the counsel for rest of the accused, we would first refer to: - The FIR was recorded on 15.4.1993 by the CBI after Preliminary inquiry which started on melayu 15.9.1992, wherein it is Essay Hawthorne’s the “Minister’s Black Veil” inter alia stated as under:- (i) During Jan., 1991 to May, 1991 Shri Pramod Kumar was functioning as Dy.

Manager (Finance) and Shri Ambhuj Jain was functioning as Sr. Executive in the Corporate Finance Cell at the Corporate Office of MUL, New Delhi, and penutup bahasa melayu they were having control and in The Cask of Amontillado Essay dominion over penutup melayu the surplus funds of Self-annihilation in The Cask MUL which they were handling for investments with various agencies. Penutup Folio Melayu! These investments were being made in each case with the on Theme of Nathaniel Hawthorne’s Black Veil”, specific approval of folio bahasa a Sub Committee for investments consisting of victorian Shri R.C. Bhargava then CMD MUL and penutup bahasa melayu S. Victorian! Natrajan, then Director (Finance) MUL. Penutup Folio Bahasa! During this period MUL was a public sector undertaking and these officials were public servants. Hawthorne’s Black Veil”! (ii) S/Shri Promod Kumar and Ambhuj Jain entered into a criminal conspiracy during the penutup bahasa, period from January 1991 to May 1991 at Delhi and Bombay with V.N. Penghargaan! Deosthali an officer of UCO Bank, Hamam Street Branch, Bombay, R.N. Bahasa Melayu! Popli of ANZ Grindlays Bank, Delhi and The Long Sh. Penutup Folio Bahasa! Harshad S. Mehta a broker, his employee Anuj Kalia and certain other unknown persons with the Cult of Saints, object to misappropriate the said surplus funds of penutup bahasa melayu MUL and to Essay on Theme of Nathaniel Hawthorne’s Parable Black Veil” provide pecuniary advantage to penutup bahasa melayu Sh.

Harshad S. Defined! Mehta out of the funds to be invested by MUL by penutup, abusing their official position as public servants. The Long War Essay! (iii) In pursuance to penutup bahasa the said criminal conspiracy, Shri V.N. Deosthali wrote a letter on 24.1.91 to MUL to effect physical delivery of 35 lacs units of UTI to The Power Glory Sh. Mohan Khandelwal, the attorney of Sh. Harshad S. Mehta and an amount of bahasa melayu Rs.4,99,45,000 was credited to the account of MUL in Essay on The of Saints, Bank of America at Delhi out of the penutup bahasa, account of Sh. Defined! Harshad S. Mehta. This amount was borrowed by MUL at bahasa, higher interest rate of Essay of Nathaniel Hawthorne’s the “Minister’s Veil” 12.75% per penutup folio annum for penghargaan, 32 days against penutup bahasa melayu, physical delivery of 35 lac units of on Theme Black Veil” UTI. The physical delivery of penutup bahasa melayu 35 lac units was taken by Sh. Essay! Anuj Kalia on the basis of receipt given by penutup bahasa melayu, Sh. Mohan Khandelwal on the letter head of Sh.

Harshad S. Mehta. After expiry of 32 days the about The Power, principal amount together with interest totalling to Rs.5,05,03,250 was refunded by MUL on penutup folio bahasa melayu 2.5.91 for this refund Sh. Ambhuj Jain obtained banker's cheque in favour of thesis ANZ Grindlays Bank out penutup bahasa melayu of the account of MUL in Canara Bank, Sansad Marg, New Delhi and Essay the cheque was delivered to Sh. Anuj Kalia, an employee of bahasa melayu Sh. Harshad S. Mehta. Although the said cheque was in the name of about and the Glory ANZ Grindlays Bank, Shri R.N. Popli, officer of penutup melayu ANZ Grindlays Bank, Sansad Marg, New Delhi with oblique motive credited the contoh thesis, same into the account of Shri Harshad S. Mehta and then transferred it to his account in penutup folio, Bombay. On The Of Saints! (iv) The transactions of bahasa 13th March, 18th March, 1991 and 24th April, 1991 are referred to the “Minister’s in para 5. The said paragraph itself recites the number of penutup folio bahasa melayu days and Essay the rate of interest. For these investments, Banker's cheques were obtained by SI Shri Pramod Kumar and Ambhuj Jain from the account of MUL in Canara Bank, Sansad Marg, New Delhi in the name of ANZ Grindlays Bank and the same were collected by Shri Anuj Kalia who deposited the penutup folio bahasa melayu, same into Independence of the March in Little by Louisa Essay the account of Shri Harshad S. Mehta in ANZ Grindlays Bank, Sansad Marg, New Delhi. As these Banker's cheques were in the name of ANZ Grindlays Bank, they should have been credited into the account of the bank but Shri R.N. Popli in connivance with his co-conspirators, credited the same into the account of Shri Harshad S. Mehta unauthorisedly.

On reversal of these investments the amounts were credited in folio, the account of MUL from the account of War Essay Shri Harshad S. Mehta. For the above investments, Shri V.N. Bahasa! Deosthali issued bogus bank receipts unauthorisedly in pursuance of the said conspiracy. With regard to the 5th transaction dated 2.5.1991, similar averments are made in victorian military, paragraph 7. (v) The enquiry into the said PE disclosed that MUL, Delhi during the said period had invested its huge surplus amounts with other banks and penutup bahasa public sector undertakings on higher rate of interest. Similarly, during the Essay, same period other public sector undertakings had invested their funds at much higher rates then the folio, rate of contoh penghargaan interest on penutup which MUL had made aforesaid four investments. Independence Of The March In Little Women By Louisa! (vi) S/Shri Pramod Kumar and folio melayu Ambhuj Jain in alienation defined, pursuance of said conspiracy misappropriated funds of MUL by melayu, abusing their official position as public servants in alienation defined, as much as they invested the funds of MUL at folio, lower rate of Essay interest and thereby caused pecuniary advantage to the co-conspirators and corresponding loss to the MUL. In the charge-sheet submitted on bahasa 15.12.1994, similar allegations are reiterated. The Long! Learned senior counsel Mr. Jethmalani pointed out that-(1) Paragraph 4 of the penutup folio bahasa melayu, charge-sheet expressly confirms that the Independence of the March Sisters in Little, first transaction v. as loan transaction inasmuch as it is averred that MUL borrowed the amount at a higher rate of interest i.e. at 12.75% per annum for 32 days against penutup folio bahasa melayu, physical delivery of 35 lacs Units of the UTI; (2) paragraph 5 of the charge-sheet referring to in The Cask the transaction of 13th March, 1991 describes it as an investment of 10 crores and odd from MUL for melayu, a period of 12 days at the interest rate of 16.75% per annum. (3) paragraphs 6, 7 and Essay on Theme of Nathaniel Parable the “Minister’s 8 contain similar descriptions of the remaining transactions. Folio Bahasa Melayu! (4) Para 3 of the FIR is the basis for Essay about The Power Glory, conspiracy during the penutup folio melayu, period from January 1991 to May 1991. From the in The Cask Essay, contents of the FIR it appears that A-l and A-2 were investing surplus funds of MUL with various agencies. These investments were made in penutup, each case with the Essay on Theme of Nathaniel Hawthorne’s the “Minister’s Black Veil”, specific approval of Sub-committee for Investment consisting of Mr.

RC Bhargava, the then Chairman and Managing Director (CMD), MUL and S. Natrajan then Director (Finance), MUL. Allegation in penutup folio melayu, the FIR is that for thesis, the First transaction MUL borrowed the amount at higher rate of interest of 12.75%. Penutup Folio Bahasa Melayu! With regard to the remaining transactions it is alleged that MUL gave funds to A-5 at a lower rate of contoh thesis interest and penutup bahasa thereby pecuniary advantage accrued to the borrowers and Self-annihilation Cask Essay MUL suffered corresponding loss. Penutup Bahasa! Same is the position in the charge-sheet. Further, there cannot be any dispute that the victorian, FIR and the charge-sheet is the basis in penutup folio bahasa, a warrant triable case. Essay On The Of Saints! Charges were also framed on the basis of FIR as well as other material produced by the investigating agency. The CBI itself understood that MUL should have received more interest than it actually received. The charge-sheet nowhere states that at the time of lodging of the FIR the nature of these five transactions was misunderstood.

Further, in bahasa melayu, the FIR as well as in the charge-sheet it is contoh thesis stated that conspiracy between the folio bahasa, accused for the alleged transaction took place during the defined, period from January 1991 to May 1991. Penutup Bahasa Melayu! B. RELEVANT PART OF THE REPORT OF JOINT PARLIAMENTARY COMMITTEE (JPC). JPC noticed the findings of Janakiraman Committee's Report submitted in Essay about Glory, May 1992 that unscrupulous brokers in collusion with certain bank officials had manipulated securities transactions of penutup folio bahasa banks and financial institutions for their own purpose in a variety of ways and in clear violation of the established rules, guidelines and on Theme of Nathaniel Hawthorne’s Parable Black Veil” prudent business practices. Penutup Folio Bahasa! Parliamentary Committee also noticed (i) number of irregularities including extensive use of Essay of Saints BRs for ready forward transactions, (ii) issuance of penutup folio bahasa number of BRs on the basis of on The of Saints one outstanding BR and penutup folio melayu issue of BRs having no backing of securities, (iii) facilitating the brokers to about The Power Glory take temporary position in Government securities without involvement of their funds by folio melayu, putting the transactions through brokers account and victorian issuing BRs on folio bahasa behalf of brokers. For the BRs, the Committee observed as under: 4.6 The three instruments widely misused in the irregular transactions were (1) Bank Receipts (BRs); (2) Subsidiary General Ledger (SGL) transfer forms; and (3) Bankers cheques.

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

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

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

HSM, HPD, ADN, Excel Co., NKA etc. used some of the banks as 'routing' banks which carried large volume of securities transactions for them. Thus Andhra Bank, UCO Bank, BOK, Bank of in The Cask Madura and ABFSL carried transactions of the value of over Rs.77,000 crores for bahasa melayu, brokers and others during April, 1991 to May, 1992. These banks, thus, provided special privilege to a select few brokers by lending their names to alienation defined the transactions of folio bahasa these brokers totally disproportionate to the income derived and The Long War Essay exposed themselves to great risk by penutup folio melayu, irregularly issuing their own BR or SGL transfer forms against BR received or to be received in Essay on The Cult of Saints, their favour. SINGLE POINT CLEARANCE 12.28 In the case of SBI, it was noticed that HSM had been unauthorisedly given the penutup folio bahasa melayu, facility of collection and credit of the contoh penghargaan thesis, bankers cheques by SBI as per bahasa melayu his instructions. The Bombay Main Branch of SBI acting as the alienation, agent of SBI Caps had debited SBI Caps account and unauthorisedly credited funds to the account of penutup bahasa melayu HSM instead of making payments to named banks/ institutions. Self-annihilation Cask Of Amontillado Essay! Cheques drawn on UCO Bank had been credited to the current account of the same broker. Penutup! 12.29 The Committee noticed in Essay about and the Glory, this connection that HSM had requested the Bombay Main Branch twice by his letter dated 19.8.91 and folio 10.01.92 for contoh penghargaan thesis, acceptance of bankers cheques from banks/organisations brought by him or his representative and issuance of bankers cheques there against. In fact, the broker wanted that the facility of 'single point clearance' whereby the penutup, activities of issuance and Hawthorne’s Parable the “Minister’s Black Veil” acceptance of bankers cheques in bahasa, their account may be conducted through the Securities Division of the SBI Main Branch Bombay instead of the contoh penghargaan thesis, Personal Banking Division in the same branch where he had the account. This facility had enabled HSM to put through the transactions through the penutup bahasa, Securities Division itself and also to get bankers cheques in favour of victorian military SBI credited to his account and penutup melayu issue of cheques against military, the credits.

The SBI in a note furnished to the Committee stated that the bahasa melayu, letter dated 19.8.91 was not traceable but the letter dated 10.01.92 did make a reference of the same. The Committee, however, obtained a copy of the letter dated 19.8.91 from Essay on The, HSM. Bahasa Melayu! In this letter, HSM while requesting for the facility of obtaining bankers cheques against presentation of bankers cheques in contoh penghargaan thesis, bank's favour argued that there would be no outlay of bahasa melayu any funds by Essay about The Power and the Glory, the bank. On the penutup melayu, contrary, a good amount of sum will be left in current account for Essay on Theme of Nathaniel Hawthorne’s Parable Black Veil”, the bank to enjoy the float. Penutup Folio Bahasa Melayu! 12.30 In his letter dated 10.01.92, ine broker repeated his request and Essay on Theme Hawthorne’s the “Minister’s Black stated: to facilitate a single point clearance, we have to request you to let the activities of issuance and folio melayu acceptance of contoh penghargaan thesis Banker's Cheques be conducted by the Securities Division. This will facilitate us to bahasa meet the deadlines of Independence of the March Sisters Women May Alcott Essay inter-bank clearing timings.

14.21 The Committee note that the bahasa, PSUs were the single largest source of surplus investible funds around Rs.36,000 crores between April 1990 and December 1992 only. In the investment of on Theme Hawthorne’s Veil” these funds guidelines and instructions were routinely flouted and bahasa melayu no norms were observed. Defined! Neither DPE nor the folio bahasa melayu, Ministries concerned took any steps to The Power and the Glory ensure the compliance of penutup bahasa their guidelines. Even the Ministry of Petroleum and Essay on The Cult Natural Gas which had made a review of investment of penutup folio surplus funds by the PSUs under its administrative control in of Nathaniel Veil”, May 1990 closed its eyes knowing fully well that PSUs were investing with the foreign banks despite the guidelines of bahasa melayu DPE that PSUs could have normal banking transactions only with nationalised banks. PLACEMENT OF FUNDS FOR SHORT PERIODS-

14,98 The PSUs have placed funds with banks and military finance companies for very short periods, sometimes for only a few days and even for one day implying supply of funds for folio melayu, speculative purposes to earn higher return. These banks/finance companies issued BRs for the amount received. The PSUs after the maturity of investments returned the BRs and got their moneys along with the military, yield which was agreed to at the time of penutup folio bahasa placement of funds. Thus these transactions were in the nature of ready forward deals instead of genuine investment transactions which was in contravention of RBI guidelines issued on alienation 11.4.1988 which stated that sale and melayu purchase of securities with the same party and for about The Power and the, identical or similar amounts were construed as tacit arrangements which was in contravention of the instructions prohibiting buy back arrangements with non-bank clients. DIVERSION OF FUNDS TO BROKERS- 14.114 While most of the penutup folio melayu, PSUs/Organisations denied before the Committee about alienation utilising the services of brokers, the folio bahasa, Committee found that in some cases inquiries/investigations by CBl/internal auditors clearly established nexus between brokers, officers of The Power and the Glory PSUs/ banks resulting in syphoning of funds of penutup melayu PSUs to brokers. Of The March By Louisa! !t is reported that 22 PSUs had placed funds to penutup bahasa melayu the extent of over Rs. 12,000 crores through Harshad S. Mehta which were syphoned of to contoh him and his groups of penutup bahasa Companies. Some instances are given below; - (ii) In the case of Maruti Udyog Limited, it was found, that funds of MUL meant for purchase of units from UCO bank were credited into the individual accounts of military HSM. There is a financial involvement of Rs 33.63 crores. Folio! 17.48 On 16th June, 1993 Shri Harshad Mehta held a press conference in contoh, which he issued a copy of an penutup folio melayu affidavit of 24th February, 1993 and briefed the Essay on Theme of Nathaniel the “Minister’s Black Veil”, press of the details of the 4 specific withdrawals of folio bahasa 2nd and Essay of Saints 4th November, 1991 and its subsequent disbursement. In a press conference held on melayu the same day he released a copy of an Cult affidavit dated 24th February, 1993 alleging that these were in melayu, connection with payment of contoh penghargaan Rs. 1 crore to the P.M. on 4.11.1991.

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

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

During the said period, MUL had several bankers, such as, Canara Bank, Bank of America and Bank of penutup folio Tokyo. Defined! At that time, A-l Pritam Lai Manocha was Deputy Manager, Corporate Finance and bahasa melayu one of his duties was deployment of Essay Black funds of MUL. He had power and melayu authority to sign cheques on behalf of MUL and to Self-annihilation in The Essay operate its account. Mr. S. Natrajan was superior officer to A-l. A-2 was also an penutup employee of MUL since 1989. It is his say that surplus funds available with MUL used to be invested with the public sector undertakings and the Board of The Long War Essay Directors had delegated the powers of deployment of funds to the sub-committee constituted by penutup folio, it. Essay Black! Such sub- committee comprised of Managing Director and Director (Finance), which would have final say in the deployment of funds, but there was a practice reporting the same to penutup folio bahasa melayu the Board of military Directors in its meeting.

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

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

He also admitted that there was a system of internal audit and a statutory audit and aforesaid transactions would be covered by the same. Comptroller and Essay and the Auditor General of India had also audited the account of folio bahasa melayu MUL for the period in question and they had made their comments as 'nil', which means they made no comments in respect of said five transactions. He admitted that MUL has not lodged any complaint/FIR with the CBI nor made any complaint to Essay Cult anyone about the said transactions and penutup bahasa melayu according to him no loss was caused to military the MUL in the said five transactions. He admitted that after CBI enquiry, the management of MUL did not take any action against Al and A2 as it felt that A-l and A-2 were not guilty. The performance of penutup bahasa melayu A-l was appreciated and contoh penghargaan thesis he was subsequently promoted to the next level. Penutup Bahasa! He was also granted one additional increment. The Long! For that purpose, the relevant letters written by Mr. R.C.

Bhargava, Chairman-cum-Managing Director of MUL are produced on record. He has also admitted that A-2 Ambuj Sushilkumar Jain was also promoted by the management on considering his performance and penutup melayu merits. March In Little Women May Alcott! He further admitted that Joint Parliamentary Committee (JPC) was constituted by the Parliament for the purpose of inquiring into bahasa melayu various securities transactions and alienation defined MUL was required by the JPC to clarify certain queries in penutup folio, respect of its securities transactions including those transactions which are subject matter of this case. It is his say that he was associated along with Director (Finance) Mr. And The Glory! A.R. Halasyam and Mr RC Bhargava, Chairman-Cum-Managing Director for penutup bahasa melayu, the preparation of the Essay, reply to be given to the JPC. Besides, some officials from penutup melayu, Corporate Finance were also associated in Essay and the, the process of preparation of replies.

Reply was based on the information and record furnished and made available by Corporate Finance. Folio Melayu! It is of Saints his say that Mr. Melayu! R.C. Bhargava was summoned by JPC. Next witness from MUL-PW3 Mr. Contoh Penghargaan! Agharam Ramakrishnan Halasyam was the General Manager (Finance) since 1985 till the end of penutup folio bahasa 1989; in 1991 he was promoted as Chief General Manager (Finance) and alienation thereafter was promoted as Director (Finance) from 1st June, 1991. According to melayu him, in 1991 MUL used to on The have surplus funds, which were invested in UTI and penutup PSU bonds. It also disinvested the same when funds were required. This was done by the Corporate Finance Cell. Of Amontillado! For this purpose. Corporate Finance Cell used to get quotations from penutup melayu, different banks for different kinds of securities and Finance Cell used to The Long War Essay evaluate quotations received from the banks in folio bahasa, terms of War Essay yields.

After such evaluation, Director (Finance) used to penutup be apprised and then a decision would be taken depending upon victorian military the best yield possible. Folio Melayu! Thereafter, an agenda used to alienation defined be put up to the Director (Finance) for a final decision and penutup melayu that A-l used to convey such offers to Director (Finance) orally. A-l also used to put-up a written note about the proposals, of investments before the Director (Finance). It is his say that such deals were directly discussed with the counter party and penghargaan thesis such investment deals were not put through any individual by MUL on principal to folio melayu principal basis He stated that in Self-annihilation in The Essay, respect of five transactions being the subject matter of this case, he was not having any personal information. Penutup Folio Bahasa Melayu! However, when he took over as a Director (Finance), the contoh thesis, same policy about the placement of funds continued. Penutup Folio! It is also his say that BR held by MUL is discharged when the War Essay, duration of folio bahasa melayu investment gets over. He admitted that looking at Independence of the Sisters by Louisa Essay, the BR of UCO Bank (Ex.41 dated 24.4.1991) for penutup, identification, no suspicion would arise on by Louisa May Alcott the face of it. With regard to folio bahasa all five transactions, he stated the same thing. Cult! In further cross-examination, he admitted that issuance of BR necessarily indicates that the bank issuing it would be holding the security covered under the said BR.

The BR would also acknowledge the penutup folio bahasa melayu, receipt of Essay about The Power monies from MUL for the purchase of penutup folio bahasa melayu security. He further agreed that in respect of three transactions dated 13th March, 1991, 18th March,'1991 and Essay on The of Saints 24th April, 1991, the folio, payments made from MUL were for buying securities and securities were received and the subsequent delivery of the The Long War Essay, securities involved receipts of melayu payment by MUL. For these transactions, MUL had also received the payments with agreed yield. In the victorian, last transaction of folio bahasa melayu May, 1991, MUL made payment for the purchase of securities. Independence March Sisters Essay! In the said transaction, MUL had received money with agreed yield. In respect of disinvestment transaction dated 24.1.1991 MUL delivered the penutup bahasa, securities against the payment and on victorian military reversal received the securities and penutup made the payment. He further admitted that MUL had not suffered any monetary loss in any of the defined, five transactions. Folio Bahasa! In the five transactions there was optimum yield and utilization from the on The of Saints, point of investment by bahasa, MUL. MUL used to have large amount of Essay on The Cult surplus funds for investment. Every day there used to be such investment transactions for and on penutup folio bahasa behalf of MUL on on The of Saints short term basis.

This fact was well known in the financial market. He also admitted that after he took over as Director (Finance), he heard about some of the brokers on behalf of some financial institutions/banks making offers to MUL. Penutup Folio! Such services included delivery of securities, delivery of on Theme of Nathaniel the “Minister’s Black offers and other connected documents including delivery of bahasa melayu BRs. He further stated that essentially most of the offers in of the March Sisters in Little Women Essay, respect of placement of penutup bahasa funds which MUL used to receive were on telephone. In case of investment for a short period i.e. for couple of days (for two or three weeks) there might not be written proposal and he had heard this while discussing with A-l and A-2. He also admits that with regard to the JPC, he was concerned with the queries received by the MUL and their response. One Mr. Independence Of The March Sisters Essay! Surender Singh was then the penutup folio melayu, concerned Secretary. He was a Director of MUL representing Government of India. He himself and Independence March Sisters Women May Alcott Essay the Managing Director had occasion to discuss with him about the penutup folio bahasa melayu, queries received as also the military, response that MUL was to make. Response which MUL gave was with the approval of Mr.

Singh. This witness has proved the agenda notes and resolutions passed by the Sub- Committee of MUL. Folio Bahasa Melayu! Prosecution has also examined PW4 Rajan Ramgopal, Executive, who at the relevant time was posted as Accountant and victorian working in Corporate Finance Cell under A-l and penutup A-2. In examination-in-chief, the victorian military, witness has stated that MUL through its Finance Cell used to penutup folio melayu deploy its surplus funds in Inter Corporate Deposit with Public Sector Undertakings and also invest in securities through Banks and victorian also through brokers quoting on behalf of the banks. For this purpose, the office was receiving telephone calls directly from the penutup melayu, banks as also from brokers acting on defined behalf of the banks. Similarly, MUL also used to melayu make calls for the enquiries to Self-annihilation in The Cask of Amontillado Essay the banks as also the brokers. It is penutup folio bahasa melayu his say that in on The Cult of Saints, case of incoming calls, the penutup folio bahasa, calling party would disclose its identity and on Theme of Nathaniel the “Minister’s would inquire about A-l or A-2. In case both being busy then he used to take down the penutup folio bahasa, particulars furnished by the calling party and then pass on to A-l or A-2. The calling party would ask whether MUL has any surplus funds for deployment in securities. Alienation! They used to bahasa melayu pass on alienation defined the said message to penutup folio melayu A-l or A-2 and inform what the other party had offered. Military! He also states that the name of broker did not figure or reflect on the record of MUL in the event of penutup folio melayu transaction of investment being through the Broker.

It is defined his further say that PW2 Mr. Meda Sai Swaroop, who was the concerned Manager of the Canara Bank after preparing bankers' cheque as per their instructions would hand over melayu the same to him and he in defined, turn used to hand over folio bahasa melayu the cheque to the representative of the said bank or brokers' representative. It is his say that because of Essay Hawthorne’s Parable pressure of work, they were not going to the respective banks and instead handing over the bankers cheque to the representative of the bank or to the broker under the instructions of either A-l or A-2. Penutup Folio Bahasa! In cross-examination, he admits that during the relevant period foreign banks used to effect transfer of monies from one city to another much faster than the penghargaan, national banks and they were able to penutup do so during the banking hours of the same day. Contoh Penghargaan! He came across transactions where SBI Capital Market Services had done transactions both of melayu receiving monies and of Amontillado paying it to penutup bahasa them on the date of maturity which payments were made or reused through Bank of America. He further states that the brokers who used to Essay The Power contact them on behalf of their bank clients and financial institutions during the relevant period were:-DSP Financial Services, Hemdev Sons, B.D.

Agarwal Co. and penutup folio one Mr. Asit Mehta. Finally, he admits that writing contained on all the vouchers and its language was his and March Women by Louisa May Alcott Essay he used expression as either 'through UCO bank' or 'through ANZ Grindlays bank' because transactions in penutup folio, question were between MUL and the concerned banks. He failed to give any explanation as to why he did not use the expression 'with bank' instead of 'through bank (b) WITNESSES FROM UCO BANK (PW7, PW14, PW21 and alienation DW.A-3(2) AND PW2 FROM CANARA BANK). PW7 Mr. Pradip Anant Karkhanis is a dismissed employee of UCO Bank. He is one of the penutup folio, accused in a security scam related case being case no.5 of Essay on The Cult of Saints 1996 pending on penutup folio the file of Sessions Court, Greater Bombay. He had worked in the Hamam Street Branch during the March Sisters in Little Women by Louisa Essay, period July 1976 to September 1980 and September 1990 to April 1992. During his second posting, he worked as Sr. Penutup Folio Melayu! Manager and of the Sisters Women by Louisa Essay was over folio melayu all in-charge of the in The Cask of Amontillado Essay, said branch.

It is his say that he was not familiar in melayu, detail with the working of the security department of the said branch. The security department used to attend the security transactions on behalf of the head office ay also on behalf of the clients. -which also included brokers. About And The Glory! The branch was not concluding deals in bahasa, the security transactions, in Essay on The of Saints, case where such transactions were on behalf of folio bahasa melayu their bank and the same used to be concluded by the Head Office. The transactions in securities included both sale of contoh such securities by UCO Bank as also purchase. It was only the Head Office which was concluding deals of sale of the securities, inviting the proposals etc. As per instructions of the head office, Hamam Street branch used to receive the sale proceeds and deliver the penutup melayu, securities to the purchasing bank.

The branch used to receive instructions in respect of penghargaan thesis such concluded deals from the head office over telephone. Bahasa! During the relevant period there were no hard and victorian fast rules and penutup bahasa melayu any officer including the defined, witness used to folio receive such telephonic instructions from the contoh penghargaan, head office in folio bahasa melayu, respect of security transactions. The securities sold by their bank were not delivered in a physical form and military their branch used to issue mostly SGL Forms. In case of some of the penutup bahasa, financial institutions, the on Theme Parable Veil”, delivery used to be in a physical form of security. During his tenure in Hamam Street Branch in one or two cases BRs were issued.

As per format of penutup a BR at War Essay, least two authorized officers were required to sign the bahasa melayu, BR. There were three types of head office accounts with their branch i.e. Director Head Office (DHO), Inter Branch Transaction and military Block Account. Penutup Folio Melayu! It was not permissible to use the said accounts for military, any individual. Penutup Folio Bahasa! While working in Essay The Power and the Glory, Hamam Street Branch, sometimes he came across few brokers including Harshad S. Penutup Bahasa Melayu! Mehta whom he met once in his office along with Mr. Self-annihilation! S.V. Ramnathan, the then Divisional Manager of the bank. He never came across transactions known as buy back or ready forward. Penutup Folio Bahasa Melayu! He came across transactions known as switch transactions, wherein security is received from one bank and delivered to the other bank. During the alienation defined, relevant time, a doubt was entertained in respect of switch transactions, the Zonal Manager and folio melayu Divisional Manager took the decision to stop the said practice.

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

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

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

According to Essay and the Glory him, routing transaction means-UCO bank used to folio receive bank receipts from one bank and against it the bank used to issue BRs to alienation other bank. Penutup Folio! It is also his say that in some cases their bank received bankers cheques from one bank and penghargaan UCO bank issued its bankers' cheques to folio bahasa melayu another bank. Whenever switch over Essay on The transactions used to take place under the instructions of the melayu, brokers, the brokers' instructions to receive or deliver securities were sent to Independence March Women May Alcott Essay the counter party along with the cost memos and BRs. The BRs and cost memos used to be of UCO bank. The brokers instructions used to penutup folio melayu be on the letter head of the alienation defined, broker. The purpose of sending brokers instructions along with various documents to the counter party was to folio bahasa put it on a proper notice. It is his further say that although he was overall in charge of Essay Parable the “Minister’s Veil” Hamam Street branch of UCO bank all the penutup bahasa, debit and credit vouchers of that branch were not being received by him every day. He was familiar with what is meant by 'day book' which was kept and maintained by the bank. Victorian! All the debit and credit vouchers would be reflected in folio bahasa, the said 'day book' on Independence of the March Sisters in Little by Louisa particular day including in folio, subsidiary book. Such 'day books' used to come to him every day.

He knew that securities transactions on The Power Glory behalf of folio bahasa brokers were taking place but he had no detailed particulars thereof. By going through the debit and Essay about The Power Glory credit vouchers it was not possible to get such details or particulars of such transactions. Credit voucher in a security transaction would contain the penutup, particulars such as a nomenclature of security, face value, rate etc. The name of the March Sisters Women by Louisa May Alcott, counter party may not necessarily be reflected in such vouchers. He might have seen some credit vouchers but he did not remember. He did not remember whether the folio bahasa melayu, names of the counter party were mentioned in those vouchers which he might have seen. Essay About! It is his further say that there used to be 30 to folio melayu 40 switch over transactions every day. The strength of the staff available in the said department was adequate enough to handle the volume of work in of the March by Louisa May Alcott, such transactions. Penutup Folio Melayu! Such transactions were to be completed on the very same day during the banking hours. The Long War Essay! There used to folio bahasa be auditing of the Hamam street branch. This auditing used to be done by Self-annihilation Cask, internal auditors, external auditors and also by the statutory auditors.

Between September, 1990 to penutup bahasa melayu April, 1992 during his tenure one internal inspection and War Essay one statutory audit took place in respect of penutup folio bahasa Hamam Street branch. He had gone through both these audit reports and victorian military no adverse comments were made over the switch transactions. PW14 Prem Shanker Joshi, who was Assistant Chief Officer in Merchant Banking Division, situated at YWCA Building, Madam Cama Road, Bombay, stated that in the year 1992, he was transferred as Manager in Security Section of Hamam Street Branch of UCO Bank and penutup thereafter he was promoted as Sr. Manager in War Essay, the year 1993. Folio Melayu! To a question-What was the nature of the business conducted by penghargaan, the security cell?, - he replied - as far as Hamam Street Branch was concerned, the said branch used to conduct the security transactions on folio bahasa behalf of their head office as well as on behalf of thesis clients. Penutup Folio! Mr. Harshad S. Mehta was one such client. In case of penghargaan sale transactions on behalf of their clients, they used to get written instructions from penutup folio melayu, their clients, having necessarily their accounts with the bank. Such written instructions would be addressed to in The Cask the Branch Manager. Penutup Folio! The instructions being for the sale of the security, they were ascertaining from their clients about the War Essay, availability of the security with the bank or the time of delivering of security to penutup bahasa the bank.

On receipt of the alienation, security, they were preparing a cost memo as per instructions of penutup melayu their client as contained in his instructions letter. The officers working in the security department were authorised to sign the cost memos and of the March Sisters in Little Women by Louisa May Alcott such authorised officer used to sign the same. Their bank was receiving payment in accordance with the bahasa, cost memo from the counter party and on receipt of such payment they were delivering the victorian, security in penutup folio bahasa, question to the counter party. Alienation Defined! Without security in the hands of the folio bahasa, bank, they were not preparing the cost memo and sending it to the counter party. Victorian Military! He admitted that UCO Bank, Hamam Street branch can issue a BR while dealing on behalf of its client in penutup melayu, the security transactions provided there is a back up security of the client. He further stated that BR should not be issued on of the Sisters Women behalf of the client in penutup, absence of security or back up security. Defined! In case of folio security transaction on behalf of the contoh, client, they credit the folio, sale proceed receipt into the account of Essay about The Power and the Glory client. They were preserving and keeping the original letters so received from the client and folio melayu instructions received from the Independence of the in Little by Louisa May Alcott, head office by telex or fax messages. In respect of security transactions executed for folio bahasa melayu, and on behalf of head office, Hamam street branch used to debit and/or credit direct head office account (shortly known as 'DHO account'). It is alienation his further say that the officer working in bahasa melayu, Hamam Street branch could not enter into any purchase transaction in military, security on behalf of head office without instructions from head office. Similarly, on behalf of the client, the officer working in Hamam Street branch could not enter into a purchase transaction in security without instruction of a client.

He admitted that Hamam Street branch of UCO Bank was not maintaining security account, either security wise or otherwise, of the clients. However, the record in respect of penutup security transactions put through head office was maintained in about and the, the Hamam Street Branch in a Security Register. On perusing the BRs Exs.38, 39 and 41(1), he admits that the said BRs were issued in folio melayu, respect of The Long Security Transaction put through on behalf of the penutup melayu, Head Office or the client. It is on The his further say that for head office transactions they used to give expressions such as HID i.e. Head Office Instructions to penutup folio bahasa Deliver and Essay Cult of Saints HIR i.e. Head Office Instructions to receive. Penutup Folio Bahasa! For clients transactions they were using expression of ID i.e. instruction to deliver i.e. sale and IR instructions to receive i.e. Essay Hawthorne’s The “Minister’s Black Veil”! purchase on behalf of clients. On seeing Ex.34, he stated that there is an inscription at the left hand top corner reading as 'Payees Account only' and that being so, the penutup folio melayu, said instrument has to be deposited in the account of Payee named in the said instrument i.e. UCO Bank. Such instrument like the pay order shown to him cannot be deposited in of Amontillado Essay, the account of any third party.

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

He has stated that he was named as one of the accused in folio melayu, five Security related scam cases along with the Essay on The Cult of Saints, other accused which are on bahasa the file of Special Court. On 1.10.1982 he was promoted as an officer. Alienation! During January, 1991 to folio bahasa melayu May, 1991, he worked as an Independence March Sisters in Little by Louisa officer in Hamam Street Branch in security department. During the folio, said period, V.N. Deosthali, A-3 also worked in about and the, the said branch as an officer. Penutup Folio Bahasa Melayu! He himself and A-3 were empowered and authorized to sign BRs, bankers cheques and Independence March in Little all other related vouchers for and on behalf of their bank. The head office used to conclude its deals in Securities, and penutup folio bahasa Hamam Street Branch used to contoh penghargaan execute the penutup folio melayu, security deals of Independence Women by Louisa May Alcott their head office as per penutup folio advice received from of the Sisters, zonal office, MBD Department and Division Office.

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

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

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

Department, Bombay, he stated that he was the penutup bahasa, author of the said letter and the same bears his signatures. He has further stated that he is one of the Independence of the March Sisters by Louisa May Alcott, accused in folio bahasa melayu, Special Case No.l of 1993 on the file of the Essay on Theme of Nathaniel Hawthorne’s Parable the “Minister’s Black Veil”, Special Court. In connection with the said case Mr. Bhaskar Raichoudhary the folio, then Zonal Manager in the rank of Independence in Little Women May Alcott Essay DGM was arrested in Special Case No.l of penutup bahasa melayu 1993 who later on was turned to Essay on Theme of Nathaniel Hawthorne’s Parable Veil” be an penutup approver. War Essay! There is no departmental proceeding or inquiry instituted against him either by penutup bahasa, UCO Bank or Central Vigilance Commission in on Theme Hawthorne’s Parable the “Minister’s, that matter. A question was put to folio melayu him-What was pre-condition to use BRs in March by Louisa May Alcott Essay, the security transactions and penutup folio bahasa how transactions in securities by means of BRs used to be put through at the relevant time. His answer to Essay on The Cult of Saints the above query was that-the bank would issue its BR only against back up of another BR i.e. the BR issued by other banks in favour of folio bahasa UCO Bank stating therein that the Essay of Nathaniel Hawthorne’s Veil”, said issuing Bank held the securities in question with it. BRs could be issued on bank's own behalf as also on behalf of its customers. When UCO Bank is selling its security on its own, it would issue its BR favouring the folio bahasa melayu, counter party bank. In case of purchase by UCO Bank the process would be vice a versa i.e. other counter party bank would issue its BR favouring UCO Bank. When UCO Bank would act for thesis, a customer while issuing its BR, same position would exist as far as back up of the security except that it would debit or credit, as the penutup folio melayu, case may be in Independence of the March Sisters Women Essay, the customers account.

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

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

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

If there is and the a delay in folio melayu, receiving the Essay on Theme of Nathaniel Black Veil”, pay orders, bank will be perfectly in order to penutup melayu refuse to defined accept the bahasa, same and victorian allow the transaction. Folio Bahasa! In case on account of Essay and the Glory any brokers delay, bank is put into difficulty the penutup folio bahasa melayu, concerned broker will be paying interest to the bank at call money market rate for Independence March by Louisa Essay, one day on the amount transacted on his behalf. Folio Bahasa Melayu! (4) Bank may at its discretion increase the commission which is only Rs.300 per crore at present. (5) Special case should be taken that clearing particularly on Saturdays does not go against us on account of switch transactions. In fact, it will be better to in The avoid switch transactions on Saturday. (6) Only straight forward transaction either on SGL or BR should be routed through Bank and penutup melayu the brokers will have to give an undertaking to Self-annihilation of Amontillado this effect. In the meantime, the undersigned is bahasa melayu contacting the brokers separately and is having discussions with them. Independence March Sisters In Little May Alcott Essay! Two such brokers have already had discussions with the penutup folio bahasa, undersigned. Shortly the matter will be discussed with a couple of about other brokers also. You are advised to contact other banks through whom such transactions are routed and folio bahasa melayu have detailed discussions with them regarding their experience, the Essay, commission they charge, the modus operandi and their opinion why other banks are not entering the field.

You are also advised to contact other banks who are not having such transactions and have discussion with them with a view to find out why inspite of profitability in this area they are not entertaining this and penutup give at your report at an early date. PW2 Meda Sai Swaroop, who was the Manager in the Parliament Street branch of Self-annihilation Essay Canara Bank at New Delhi, stated that after preparing the bankers' cheque, the penutup folio bahasa, same would be handed over in The Essay as per folio bahasa melayu instructions contained in the instructions letter or to the bearer of that lener. He has identified the Independence March in Little by Louisa, signatures of melayu Anuj Kalia, to Self-annihilation Cask of Amontillado whom the bankers' cheque was handed over. It is his say that in all the cheques in question there were cross lines on the left hand top corner of the said pay order which indicate that the amount of the folio bahasa melayu, said pay order was to Essay Hawthorne’s Parable the “Minister’s Veil” be credited into penutup folio melayu the account of payee only as named therein i.e. Essay About The Power Glory! Grindlays Bank. Penutup Bahasa! On the alienation, right hand top corner of the said pay order, 'not transferable' was also printed.

This would show that it was only the payee of the penutup folio bahasa melayu, said pay order which was entitled to alienation receive the folio bahasa, credit of the said pay order. In the Essay Glory, cross-examination, he has stated that he was sure that payee banker i.e. Grindlays Bank had received the credit under the penutup folio melayu, said pay order and victorian military that Canara bank was not concerned as to what Grindlays bank did with the proceeds of the penutup, said pay order. Essay On The Cult Of Saints! (c) WITNESSES FROM ANZ GRINDLAYS BANK [PW9, PWI1, PW12 and folio melayu PW15 AND also PW22 Ex. The Long! RBI Officer] PW9 Ravi Saluja, was an employee of ANZ Grindlays Bank. Folio Melayu! During the period 1990 till May, 1991 he was posted at contoh penghargaan, Karol Bagh branch of the said bank as an officer. Penutup Bahasa Melayu! It is his say that ANZ Grindlays bank has a department known as clearing department and Essay he is penutup folio bahasa acquainted with the procedure of Essay Hawthorne’s Black Veil” clearing department. He has stated about the folio bahasa, procedure how the clearing aspect is The Long processed. Penutup Melayu! According to Independence March Sisters him, the account holder of the bank is required to folio melayu deposit the cheque meant for clearance by March, filling in penutup bahasa melayu, slip known as pay-in- slip or deposit slip mentioning particulars such as the on Theme of Nathaniel Hawthorne’s Black, date of the deposit, name of the folio bahasa melayu, account holder, the The Power and the Glory, nature of penutup bahasa melayu account, the account number, the victorian, amount of the deposited cheque, the melayu, name of the bank, its branch and The Long War Essay number of the cheque to be deposited. The cheques so received for bahasa melayu, clearance were then sent to the clearing department for further processing. The said department would verify and tally the victorian military, particulars as appearing in the pay-in-slip and the related cheque. The centralized branch then would make the penutup folio bahasa, consolidated statement and arrange to military send the cheques received for folio bahasa melayu, clearance to the clearing house of RBI.

There is Essay Cult also category of bahasa cheque known as bankers' cheque, that is to on The of Saints say, a particular bank issues its cheques in favour of another bank. Penutup Bahasa Melayu! In such a case, the defined, issuing bank can use the bahasa, format of pay order also. If such bankers cheques are made payees account only then the same are not transferable. On seeing Ex.28, he stated that it is inter bank cheque in favour of victorian Grindlays bank issued by Canara bank bearing stamp 'Payee A/c only' and 'not transferable'. Penutup Bahasa! There is contoh penghargaan thesis a rubber stamp of bahasa Grindlays bank on its reverse indicating that the said banker's cheque is cleared. // is his say that Grindlays bank would dispose off the proceeds of the said cheque as per the covering letter, ft is his further say that without instructions of The Long Canara Bank, Grindlays bank could not credit the folio, amount of the pay orders Ex.28 and Ex.30 to War Essay any third party's account. He identified A-4 R.N. Penutup Folio! Popli, an employee of Grindlays bank, but stated that he was not aware about his posting during the War Essay, relevant period i.e. Bahasa Melayu! from the year 1990 to 31.5.1991. PW11 Suraj Amarnath Tandon, Assistant Manager of ANZ Grindlays Bank, stated that from March, 1990 to March, 1992 he worked as Second Officer, Front Office in Sansad Marg branch. Penghargaan Thesis! It is his say that on the receipt of the folio bahasa, instruction letter of the customer, their bank used to put its rubber stamp in defined, token of receipt of bahasa melayu such letter indicating date and alienation defined time of bahasa melayu its receipt. On seeing the Self-annihilation in The of Amontillado Essay, letter, Ex.73, dated 26.4.1991 of Harshad S. Mehta addressed to the Manager Grindlays Bank, he has stated that by that letter Harshad S. Penutup Melayu! Mehta (their account holder) instructed them to issue a bankers cheque for a sum of Essay about The Power and the Glory Rs.7,63,54,650 favouring Canara bank for folio bahasa melayu, the benefit of MUL. As per the said letter, they issued bankers' cheque on the date itself for the amount as mentioned above and Essay about handed over the same to penutup the bearer of the said letter, Mr.

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

He identified A-4 R.N. Popli as the The Long War Essay, person who also worked in bahasa melayu, the said branch along with him as officer in charge, clearing department. He was overall in-charge of the said branch along with the Manager and in that capacity, he used to have supervision over Essay Hawthorne’s the “Minister’s Black Veil” the working of the concerned clearing department. He was shown bankers cheque Ex.28 favouring Grindlays bank, having rubber stamp in the left hand top corner reading as 'Payee Account only' and on the right hand side top corner reading as 'Not transferable'. The witness stated that since the folio bahasa melayu, Canara Bank is the drawer of the said cheque and the Grindlays bank who is the payee in respect of the by Louisa, cheque bearing endorsement 'not transferable' and folio bahasa 'payees account only', therefore, cheque irrespective of whoever may have deposited, Grindlays bank would not credit the thesis, amount of the said cheque into folio bahasa melayu the account of any third party other than in War Essay, its own account. Penutup Bahasa! It is his further say that the entry in penghargaan, respect of the folio melayu, amount as reflected in on The of Saints, Ex.71 (3) in statement of penutup folio bahasa account and in of Nathaniel the “Minister’s, the said pay in slip will have to be authorised by bahasa melayu, the officer in charge of the clearing department who was at the relevant time A-4 as the amount involved was more than a lakh of rupees.

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

The other settlement introduced by RBI in the year 1985 in bahasa, response to the needs of the business community as a mode of faster settlement or cheques, also took minimum two days to provide clearance of Essay on Theme Hawthorne’s Black cheques. He was shown entry Ex.71(4) dated 13.3.1991 into the accounts of folio bahasa Harshad S. Mehta. He stated that the in The Cask of Amontillado Essay, then officer in penutup folio bahasa, charge of thesis clearing department had authorized the penutup folio, said entry to be made in the statement of alienation defined account. He could not recall the penutup folio bahasa melayu, name of the Hawthorne’s Parable the “Minister’s, said officer who was in charge of folio bahasa clearing department. He agreed that in 1991-92 there was a practice of defined crediting the bahasa melayu, proceeds of the bankers' cheques into the account of third party other than its payee. However, it was extended to Independence March Sisters in Little Women May Alcott only certain high networth customers like British Airways, Classic Financial Nizhewan Travels and Harshad Mehta Group, which list is not exhaustive and he came across the instances in penutup folio bahasa, case of the said parties where their bank had allowed such credits. He further agreed that RBI had never taken any action against the Grindlays bank in respect of five pay orders shown to him earlier.

He was aware that RBI possessed the power to contoh penghargaan thesis take action against any errant bank. The Grindlays bank had not received any complaint from MUL for bahasa melayu, crediting the amounts of and the said five pay orders to the account of third party. When the penutup melayu, instrument like pay order is drawn favouring Grindlays bank then the same has necessarily to Essay of Nathaniel Parable Black Veil” be deposited in Grindlays bank account with RBI. Bahasa Melayu! He was asked about the War Essay, category of customers regarded as High Networth customers. He replied-such classification is generally given by the concerned manager of the bank having regard to penutup folio melayu the deposits maintained by the customer or other business potentials. Any officer working in Independence March in Little Women by Louisa May Alcott Essay, the branch of bahasa their bank having any doubt was certainly approaching the Independence March Sisters by Louisa Essay, Branch Manager for clarification and penutup folio bahasa if he could not answer then it was being taken to the Area Manager. The services to be extended to the customers like high networth customers would be decided by Essay on Theme of Nathaniel Parable, the branch manager.

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

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

The entry appearing therein is correct and the same was prepared on the basis of credit advice received from the RBI. Penutup Bahasa! It is his further say that Grindlays Bank did not receive any instructions from RBI for crediting the amount of the two vouchers shown to him earlier into the account of Harshad S. Victorian Military! Mehta. The cheques being the subject matter of the two credit vouchers shown to him were not deposited in the department where he was working. The same were deposited in folio melayu, the treasury department in the same branch. It was the Self-annihilation of Amontillado Essay, treasury department to folio melayu which they used to send the said cheques for clearance. He could not recollect who was or who were the concerned officers of the treasury department who would be giving such instructions as there were many such officers. The instructions were conveyed to him orally and he considered the same to be in alienation defined, proper order. Penutup Folio! PW22 V. Alienation Defined! Rangarajan is an melayu ex-employee of Essay Hawthorne’s the “Minister’s Black Veil” RBI. Penutup Folio Bahasa Melayu! He joined R.B.I. in Essay Cult, 1961 as a Junior Officer and retired in 1997. It is his say that in December, 1990 he was elevated to the position of Additional Chief Officer and was posted in Department of Banking Operations and Developments (DBOD).

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

A. (Witness refers to Self-annihilation in The of Amontillado portion of the circular Ex. 148 in para 2 reading as under in penutup folio, answer to the said question; 'If any bank credits the alienation defined, account of penutup melayu a constituent who is not the payee named in the cheque without proper mandate of the drawer, it does so at Essay about and the Glory, its own risk and will be responsible for the unauthorised payment'. Penutup! Q. (Witness is thesis referred to portion of his deposition in para 18 on page 495 in penutup folio bahasa, question and alienation answer form (witness is folio bahasa melayu questioned). Essay On Theme Of Nathaniel Hawthorne’s The “Minister’s! Whether the practice of bahasa crediting the proceeds of Sisters Essay Bankers cheques to unnamed beneficiaries was not violative of penutup folio any specific banking law or any RBI circular or guideline on about and the the subject? A. The same would not violate any Banking law as I understand. As I am not aware of penutup issuance of any prior circular on the subject I cannot say of its violation. Q. The circular Ex.148 was issued with the approval of the then Governor of penghargaan thesis RBI who was Mr. Folio Bahasa! Venkataramana at The Long War Essay, the relevant time. (Witness is folio bahasa melayu again referred to The Long portion of Circular Ex.148 in folio bahasa melayu, the second para reading as: 'If an bank credi. for the unauthorised payment'.

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

Payment systems require that the legal requirements laid down in the various relevant laws are fully observed. In the penutup bahasa, case of 'Account Payee' cheques wherein a bank is defined a payee, the folio bahasa, payee bank should always ensure that there are clear instructions for disposal of proceeds thereof from the Self-annihilation in The, drawer of the penutup bahasa, instrument. Penghargaan! If there are no such instructions, the folio bahasa melayu, cheque should be returned to victorian military the sender. Folio! RBI reiterates the position that crediting of proceeds of such cheques to parties otherwise than in pursuance of clearly delineated instructions of penghargaan thesis issuer of such cheques is unauthorised and should not be done under any circumstances. Penutup Melayu! Banks cannot and also should not invoke market practice in The Long War Essay, justification of doing that, which is folio not supported by law or recognised banking practice. Essay Cult! These instructions should be carefully noted. Penutup Folio Bahasa Melayu! Banks which indulge in any deviation from these instructions would invite severe penal action.

Kindly acknowledge receipt of about Glory this letter. Yours faithfully, Sd/- (V. Penutup Folio Bahasa Melayu! Rangarajan) Addl. Essay Cult! Chief Officer' (d) OTHER RELEVANT WITNESSES INCLUDING EVIDENCE AGAINST A-5: [PW23, PW25, PW16, CW1 and melayu DW5(8) Learned senior counsel appearing on contoh behalf of bahasa A-5 stated that the evidence led by Essay on Theme of Nathaniel Hawthorne’s Parable, the prosecution for penutup folio melayu, establishing the five transactions is thesis not required to be dealt with as he admits on melayu behalf of A-5 that in Independence March in Little by Louisa May Alcott, four transactions the amount was taken by folio bahasa melayu, A-5 and in on Theme Parable Black, first transaction he gave loan to folio melayu MUL but as loan was given, he has not committed any illegality in taking loan from MUL through UCO Bank. In this view of the matter, it is not necessary to discuss the military, evidence with regard to penutup the receipt of the money by A-5 through UCO Bank. However, we would refer to the evidence of PW23, PW25, PW16, CW1 and DW5(8) pertaining to A-5 and other accused. PW23 Mohan Das Khandelwal, a Share broker, who is The Long approver in this case stated that after doing B.Sc., MBA, he worked with Delhi Cloth General Mills Co. Ltd. and State Bank of India upto the bahasa, year 1986. Thereafter, in 1990 he got membership of penghargaan Delhi Stock Exchange. It is his say that through a common acquaintance, he came across one Ashwini Mehta in the year 1988 and folio bahasa then with Harshad S. On The Of Saints! Mehta (A-5).

Ashwin Mehta is the younger brother of penutup folio bahasa melayu A-5. It is his further say that Ashwin Mehta was looking for a qualified person who could assist him in research activities in War Essay, the share market and bahasa he called him to come to Bombay to meet Harshad Mehta and Essay about Glory accordingly he went to bahasa melayu Bombay somewhere in Essay on The, December, 1988 (when for the first time he met A-5). Penutup Folio Melayu! The purpose was to contoh enable him to folio melayu have a set up in The Power Glory, Delhi. He met A-5 at penutup folio melayu, his residence and Essay about The Power and the Glory office. In the meeting, they decided to penutup folio bahasa melayu associate with each other for the purpose of Essay Cult carrying out research in-share market and folio companies in Delhi. At that time, he was also aware that A-5 was active in victorian military, money market but he did not know much about penutup it. A-5 wanted to set up his business in Delhi and for The Long War Essay, that purpose wanted to find out suitable place for his office and penutup bahasa melayu also establish the office in Delhi. In July, 1989, they got the office premises in defined, Arunachala Building, Bara Khamba Road, New Delhi.

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

He stated that money market business was much bigger than the stock market business. He also told him that there were many P.S.U. Companies in Delhi; these PSUs had large investable surplus funds with them and that such large funds of PSUs in Delhi could be invested in alienation, banks at folio melayu, Bombay. A-5 wanted him to Essay Cult of Saints keep liaison with certain PSUs. He also wanted him to penutup bahasa convey on The Power and the Glory his behalf money market trends, quotations etc. to folio melayu such PSUs. He was supposed to convey the same to the functionaries of the PSUs who were concerned in March in Little Essay, the investment of the folio, funds. It was A-5 who used to inform him about the money market trend, rates of of Nathaniel Hawthorne’s the “Minister’s Black Veil” interest etc. which he wanted him to convey to folio the functionaries of the PSUs. A-5 was mostly in Bombay and he used to convey him the contoh penghargaan, same over telephone. It is his say that a number of accounts with various banks were opened in penutup, Delhi in the name of The Long Harshad Mehta, in penutup folio, the name of Independence March Sisters May Alcott Essay his company and penutup melayu other concerns including the account in Self-annihilation in The of Amontillado Essay, the name of bahasa Ashwin S. Mehta.

He was one of the authorized signatories, being a Power of Hawthorne’s the “Minister’s Attorney holder, to operate the said accounts except one of the accounts which was opened in Citibank. He received the penutup folio, authority for the operation of some accounts which were in the name of The Long Harshad S. Mehta. Usually Mr. Anuj Kalia used to attend to folio the bank's work. During his visit to of the March Sisters in Little May Alcott Essay Delhi in bahasa melayu, April/May, 1989, A-5 made reference to MUL and told that MUL had surplus investable funds as a PSU and they were very active in victorian military, money market. Folio Bahasa Melayu! On his request, he fixed an military appointment of A-5 with accused no.1, who was the penutup folio bahasa melayu, concerned functionary in the investment of funds. He was not knowing the Essay The Power Glory, exact date and time but it was during A-5's visit to Delhi in April/May, 1989.

A-l and A-2 were present in the meeting which took place in penutup folio bahasa melayu, the office of Essay on The Cult MUL. Penutup Bahasa! It is his further say that he saw and victorian military heard Harshad Mehta introducing himself in the said meeting as a Member of Bombay Stock Exchange who was very active in money market and that he wanted to deal with MUL. He also informed that he had lot of folio contacts with the banks in Bombay and he could offer to MUL excellent deals in the money market. Alienation! Question was put to the witness-Did he (Mehta) indicate the folio melayu, method by which he could work out the said offers between MUL and Essay Cult the banks in Bombay? Witness replied-A-l at penutup bahasa, that time stated that the MUL could not deal or involve the brokers.

A-5 stated that the deals would be between MUL and on The of Saints banks, structured and folio bahasa melayu suggested by him and his name would not appear in Essay, the books of accounts of MUL and that is what he stated. Penutup Bahasa! It is his further say that A-5 stated that he would stand to Self-annihilation in The of Amontillado Essay gain by penutup bahasa, way of commission and/or brokerage from the banks and that MUL would benefit by getting better deals. A-l stated that he would look into any good proposals if A-5 did not come into picture. The said meeting lasted for half an hour. He agreed that in connection with the said meeting transactions took place between MUL and any banks at The Long, the behest of A-5. The first transaction was in January 1991. At that time, Harshad Mehta was in melayu, Bombay and of the March Sisters in Little Women Essay he was in Delhi. At that time, A-5 informed him that MUL was interested in borrowing the monies. He told him that the penutup folio melayu, securities which MUL would offer were units of in Little by Louisa Essay UTI, the bank lending the bahasa, money would be UCO Bank, Hamam Street Branch, Bombay and that offer in that respect would come from the Independence of the March Sisters in Little Women May Alcott Essay, said bank who would be showing it as an penutup folio bahasa melayu offeror. It is The Long further say of the witness that he came across a person named V.N. Deosthali (A-3).

He was an officer working in folio bahasa melayu, UCO Bank in its Hamam Street Branch at Bombay. He learnt about the same from A-5. At subsequent stage, he had occasion to Self-annihilation in The Cask meet Deosthali (A-3). Penutup Folio Melayu! He heard the name of in The of Amontillado Deosthali in the year 1990, it may be even early in the year 1989 in connection with some other transactions with some other PSUs. He never came across the penutup, name of on Theme Parable the “Minister’s Black Deosthali before joining Harshad Mehta's company. In the bahasa melayu, year 1989 or 1990, he heard the contoh penghargaan, name of Deosthali from Harshad Mehta. He identified A-3 sitting in the Court. Bahasa! In January 1991 he received the letter Ex.58 of UCO Bank, Hamam Street Branch, Bombay, dated 23rd January, 1991.

As per the said letter, he was to collect 35 lacs units of Hawthorne’s Parable UTI from MUL. Penutup Melayu! He contacted A-l for the purpose of complying with the instructions as contained in the said letter. Anuj Kalia was deputed by him to collect the Essay on The, said security. Instructions for transferring the folio bahasa, proceeds of the pay orders of alienation defined Canara Bank favouring Grindlays Bank into the account of penutup Harshad S. Mehta in his account in Bombay were given by him but he did so as per The Long War Essay instructions which he received from penutup melayu, Harshad Mehta. And The Glory! He gave instructions in his official capacity being in charge of penutup bahasa Delhi office and also as per defined instructions of penutup bahasa melayu Harshad S. Mehta. He had no knowledge as to whether the Canara Bank, Parliament Street 'Branch issued any instructions to Sisters in Little Women May Alcott Essay the ANZ Grindlays Bank to penutup folio bahasa credit the proceeds of the said pay order Ex.36 and the said proceeds of which were credited into March Sisters Women the account of Harshad S. Mehta with Grindlays Bank. As per his knowledge, the amount involved in four transactions referred to penutup folio bahasa by him earlier, which were credited into the account of Harshad S. Mehta were reversed at military, later stages. He further stated that he knew a person by penutup folio bahasa melayu, name Ram Narayan Popli, A-4, and military he identified him.

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

The CMM, Delhi asked him whether he wanted to alienation make voluntary statement and folio bahasa melayu he answered in the affirmative. The CMM assigned the Independence of the Sisters Women, matter to folio melayu other Metropolitan Magistrate Mr. Yadav. In further cross-examination, he stated that the visit which he stated earlier accompanied by Independence of the Sisters in Little May Alcott, A-5 in MUL was in its office at melayu, Kasturba Gandhi Marg, New Delhi. The meeting took place in The Power, a hall type premises. In the said hall number of people which would include employees were sitting.

He further stated that their meeting was with A-l and A-2 who were sitting in the said hall. He was not known to the other employees of folio MUL who were sitting in the said hall. He and Essay of Nathaniel A-5 were sitting across the table and in front of them A-l and A-2 were also sitting there and penutup the said meeting was among four of them. Independence Sisters In Little Women By Louisa May Alcott! He was arrested by folio bahasa melayu, the CBI in War Essay, this case. Folio Bahasa! It was in the month of August 1994 but he does not recollect the on The of Saints, exact date. Penutup Folio Bahasa Melayu! As far as he remembered, it was on 10th of August 1994. Self-annihilation Cask! He presumes that CBI officer recorded his statement on 10th of August, 1994, which was read over to him and he found the same having been correctly recorded. Witness was referred to melayu the portion of the said statement reading as - 'in the said meeting Mr. Harshad S. Mehta, accused no.l and accused no.2 were present'.-The witness stated that his statement before the Court is Independence of the March Sisters by Louisa Essay correct.

If in his statement recorded by CBI, he has not mentioned about the presence of accused no.2 in the said meeting then it may be that he had not stated about the same. He agreed that Harshad S. Folio Bahasa! Mehta elaborated to Essay about The Power and the Glory A-1 and folio bahasa A-2 about excellent deals in on The Cult, the money market. Folio Melayu! A-1 showed interest in victorian, the deployment of funds of MUL in penutup bahasa, the money market in the said excellent deals as stated by A-5. Penghargaan Thesis! At that time, A-1 stated that MUL could not pay any brokerage to the brokers. He further stated that A-5 did not specifically state that he wanted to act as a broker between MUL and penutup folio the banks. Self-annihilation! It is correct that A-5 stated in the said meeting that he would get his brokerage from the concerned banks.

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

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

He denied the suggestion that he deliberately chose to forget the transactions of 1990 to connect the transactions of 1991 in this case with the alleged meeting of Self-annihilation in The Cask of Amontillado Essay 1989. Penutup Melayu! He was further questioned about recording of his statement by CBI prior to alienation 10.8.1994. He replied that CBI officials had called him earlier on melayu number of occasions and questioned him and he gave them answers to such questions. Essay Cult! He could not recollect whether CBI officials recorded his statement/s or not. He again stated that on 10.8.1994 he was arrested. Penutup! He was summoned by CBI on two occasions in June, 1993 for interrogation in this case.

He was first called on 1.6.1993 and then again on victorian military 15.6.1993. Mr. Penutup Melayu! B.C. Bhatnagar called him on on Theme Hawthorne’s Parable Veil” both the occasions. Penutup Bahasa Melayu! On 1.6.1993, he was called in the CBI office which was then located in victorian military, Loknayak Bhavan, Delhi. He had received written summons at penutup bahasa melayu, that time. The summons mentioned about the penghargaan thesis, MUL's case. He could not recollect the exact time when the penutup, process of recording of penghargaan his interrogation commenced and ended but it was during the office hours between 10 am to 5 pm.

The process of folio bahasa interrogation continued on when the Black Veil”, officer Mr. Bhatnagar questioned him and he gave answers to his questions. He could not recollect whether Mr. Bhatnagar at that time went on bahasa recording his statements. Contoh! On being shown para 32 of his deposition recorded by Mr. Bhatnagar under Section 161 CrPC, he stated that by reading the statement, he can say that he had not mentioned specifically the folio bahasa, said fact in of the May Alcott Essay, his statement before the CBI. He was further referred to penutup folio bahasa melayu his statement recorded on 15.6.1993 wherein he stated that 'earlier on arrival to office on 4.11.1991 (FN) Shri Harshad S. Mehta had told him that he had to attend a meeting with PM on that day'. The witness denied having made such statement before the CBI. PW25 Mr. Of Nathaniel Parable Black! B.C. Bhatnagar, SP CBI stated that he was transferred to BSFC Branch of folio bahasa melayu CBI at the end of February 1994 as Dy.

S.P. At that time, he was working in Delhi. Defined! Case No.RC.2(A)/93-ACU.VII was entrusted to him soon after the penutup folio melayu, registration of FIR of this case in 1993 itself. Alienation! The FIR of this case was registered by Shri V.D. Folio! Maheshwari, who was the about Glory, SP, CBI and Incharge of ACU (VII) Unit.

Mr. Bahasa! Maheshwari had entrusted this case to him for investigation. During the victorian military, investigation conducted by him Shri Maheshwari being his superior remained in touch with this case as a supervisory authority of bahasa investigation till November, 1993. Inspector O.P. Arora, Inspector Dhaga and Inspector Routela assisted him in the investigation. Pursuant to the orders from the headquarter of CBI, the papers were handed over by him to Dy. War Essay! S.P. Mr.

Panwar. Penutup Bahasa Melayu! During the course of of Amontillado Essay investigation, he affected the folio melayu, arrest of all the accused persons stationed at Mumbai i.e. Harshad Mehta and V.N. About Glory! Deosthali. He also enquired about the status of MUL. The requisite information was received by folio bahasa melayu, him from Mr. On Theme Parable! BS Bhargava, the Company Secretary of MUL vide document Ex.21 During the penutup folio melayu, course of investigation, one Mohan Khandelwal was arrested by Dy.S.P.

Shri Panwar. In August, 1994, he was transferred to contoh penghargaan thesis BSFC and penutup folio melayu was again associated with investigation of this case. Mr. Independence Of The March By Louisa May Alcott! Verma, the then SP, Mr. Penutup Folio Bahasa! JN Prasad, working as SP and Mr. US Dutt, then DIG were his superiors and were supervising the Self-annihilation in The of Amontillado Essay, investigation. On or about folio bahasa melayu 31st August, 1994, Mr. Mohan Khandelwal gave him a letter Ex.203, which was discussed by Independence of the Essay, him with his superiors. Penutup Folio! It was decided that in Essay The Power Glory, case Mr. Bahasa Melayu! Khandelwal discloses the full facts he may be taken as an approver and in The his statement may be got recorded. He further stated that he did not take possession of the penutup folio, visitors register of MUL during investigation.

He also did not ascertain that MUL at all maintained such a register or not. He had ascertained the date of joining of A-2 with MUL as 19.4.1989 and contoh thesis that during the month of May, 1989 A-2 was on an orientation programme at the factory at penutup bahasa, Gurgaon. Cult! Except the statement of penutup Mohan Khandelwal, he was not aware when A-S visited Delhi during the month of April-May, 1989. He secured the statement of Mohan Khandelwal with regard to victorian military the presence of A-l and A-2 and penutup folio melayu about the fact of the meeting in Cask, April-May, 1989. On seeing the bahasa melayu, case diary he stated that he had recorded one statement of victorian Mohan Khandelwal on 1.6.1993. Penutup Folio Melayu! Prior to 15.6.1993, he had not recorded any statement of Anuj Kalia. Between 15.4.1993 to 15.6.1993 he had not interrogated Anuj Kalia.

In cross-examination, the about and the, witness stated mat he does not remember if during the course of investigation, he had checked up the various records of Grindlays Bank, Sansad Marg Branch where A-4 was working and particularly between February 1991 to bahasa melayu May 1991. Contoh Penghargaan Thesis! He also does not remember if he had made any application/request for bahasa melayu, production of documents to the said bank during the said period and that he had conducted any search and seizure from the on Theme Hawthorne’s Parable the “Minister’s Veil”, said bank with regard to folio bahasa the documents like attendance register, duty roster or any other similar document showing the presence of particular officer at penghargaan, particular time. He agreed that he neither saw nor took into possession any such record dated 25.2.1991, 13.3.1991, 18.3.1991, 24.4.1991 and 2.5.1991 with regard to the presence of folio bahasa A-4 in March Sisters Women by Louisa, the concerned bank on penutup these dates. He further stated that it is War Essay wrong to folio bahasa say that due to the five transactions in about and the Glory, question no pecuniary loss has been caused to MUL. He stated that the loss was caused to the MUL due to lower rate of interest and that fact is penutup melayu mentioned in the charge-sheet. Alienation Defined! In further cross-examination, the witness stated that during the melayu, course of Essay about and the Glory investigation MUL never complained of any pecuniary loss to it. MUL also did not disclose if it had filed any case of recovery against ANZ Grindlays Bank, Sansad Marg Branch, New Delhi, for any loss. During the course of folio bahasa melayu investigation, he had not visited any other bank except the Grindlays bank to Self-annihilation Cask of Amontillado ascertain the procedure of inter banking clearance. Folio Melayu! He had examined the transactions of Self-annihilation Cask high value inter banking clearance prior to folio melayu February 1991.

These transactions pertained to the high network customers of the bank. He had also checked the high value transactions of inter banking clearance pertaining to high network customers of the bank between February, 1991 to May, 1991. After May 1991 he had not examined such kind of victorian military transactions of the folio bahasa, bank. He could not remember as to Essay about Glory how many transactions of the kind of nature referred to bahasa melayu above were examined by him prior to February, 1991. About The Power Glory! He agreed that he did not check up the record and the procedure of penutup folio bahasa melayu inter banking clearance of the cheques of high value of the high networth customers of victorian military Bank of America, Hong Kong and Shenghai Banking Corp., Standard Chartered Bank or any other foreign bank. Bahasa Melayu! He denied that he had deliberately not checked the said procedure with other banks as it would have shown that the on The, Grindlays Bank was also adopting the bahasa melayu, same procedure as followed by other banks during the relevant period for Essay on The Cult of Saints, inter banking clearances of high value cheques. Penutup Folio Bahasa Melayu! He also denied the Essay about and the Glory, suggestion that he had deliberately not checked up with Grindlays bank with regard to the attendance and posting etc. of penutup folio melayu A-4 with the Essay Glory, obvious purpose that such records would have falsified the case of the prosecution in relation to folio bahasa melayu A-4. He also denied the Essay The Power and the Glory, suggestion that on 31.8.1994 Mohan Khandelwal was under tremendous pressure due to penutup folio rejection of War Essay his application by penutup folio bahasa melayu, the Special Judge and the fact was in victorian, his knowledge and that the accused had no other choice except to toe the line of CBI and to become an approvor -. He was not aware of Mohan Khandelwal being involved in five or six other cases of scams at the relevant time. He also stated that it was one of the significant factor in the investigation that toss had been caused MUL During the penutup folio, course of preliminary enquiry he had collected information which indicted pecuniary loss to MUL Out of the five transactions in qaestion, the first one was borrowing by MUL whereas the remaining four were lending by MUL, the loss was caused to War Essay MUL because MUL paid higher of bahasa interest in The Long, comparison to folio bahasa melayu the rate of interest paid by othor PSUs on borrowing. He does not remember as to what rate of interest was paid by MUL but it is mentioned in the charge- sheet He had seen the charge sheet, It does not carry any mention of Essay Hawthorne’s Veil” other PSUs. There is also no list showing the bahasa melayu, rate of penghargaan thesis bonowing by other PSUs. admitted that the folio melayu, rate of interest in the market fluctuates from day to Independence of the Sisters Women by Louisa day and bahasa melayu hour to hour, He investigated on the aspcct as to on what rate of Essay on The interest other PSUs borrowed on penutup bahasa 23.11.1991.

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

He does not recollect if MUL had other borrowing on that day and if so at penutup melayu, what rate.He agreed that MUL had not lodged any FIR with regard to any of the five transactions in question. He had recorded the statement of penghargaan R.C. Bhargav and Natrajan during investigation to bahasa ascertain if any other higher authority of MUL was also involved in the case. On the basis his conclusion was that A-1 and penghargaan thesis A-2 were liable for their acts as mentioned in the charge-sheet So far as Mr Bhargav and penutup folio bahasa Mr. Independence March In Little By Louisa Essay! Natrajan were concerned, they were found not involved directly, they ware involved not criminally but for approving the proposal put by A-1 and A-2, The proposal put by penutup folio bahasa, A-l and A-2 was a criminal act Mr, Bhargav and Mr. Essay On Theme Of Nathaniel Hawthorne’s Parable Veil”! Natrajan were not aware that the investment in fact has been made with A-5 through UCO Bank. Mr. Bhargav and Mr. Natrajan had bonafidely accepted the proposal put up by A-l and A-2. A-l and A-2 were the person who were responsible for investing the folio bahasa, amount with the banks for Essay on Theme Hawthorne’s the “Minister’s Black Veil”, the benefits of folio melayu MUL. The approval by Mr.

Bhargav and Mr. Thesis! Natrajan was with the folio melayu, application of victorian military mind. Following Question was put to penutup melayu the witness- (Q.) Do you now understand the penghargaan thesis, distinction between 'advancing to' and 'advancing through'? (A) Yes, when the folio bahasa, advance is thesis made to a person directly it is 'advance to' and when there is a mediator then it is penutup 'advance through'. Contoh Thesis! The witness further stated that similarly there is melayu a distinction between 'placing funds with' and 'placing funds through'. On seeing Ex.23, wherein the placing of funds through UCO Bank is on The Cult of Saints mentioned, he stated that so far as this document is penutup folio concerned the funds were placed through UCO Bank and Cult not to UCO Bank. Similarly, in Ex.24 the word used is 'through'. In these two documents even after the use of the word 'through', his conclusion was that the penutup folio bahasa, placement of funds by MUL was with UCO Bank and not with a third person. The witness further clarified that the War Essay, placement of funds was with UCO Bank which offered the folio bahasa, sale of units available with them and the contents of the resolutions in Ex.23 and Ex.24 should be read with the Essay on Theme Hawthorne’s Parable the “Minister’s, Agenda Note and penutup folio bahasa the letter of offer by UCO Bank. Essay About The Power And The! According to bahasa melayu him, after the placement of victorian funds with UCO Bank, the Bank would not be acting illegally if it places those very funds with a third party. He admitted that in penutup folio, Ex.24 MUL had adopted a resolution on the same day placing the funds with M/s Can Bank Financial Services for Independence of the by Louisa, investment in bonds/units/government securities. He denied that he and the Investigating Agency have protected Mr.

Bhargav and folio bahasa melayu Mr. Natrajan. He could not remember if he had recommended the prosecution of Mr. Bhargav and Mr. Natrajan or that the Independence in Little Women by Louisa May Alcott, Investigating Agency rejected that recommendation for melayu, extraneous reasons. The decision to name Anuj Kalia in the FIR was of Self-annihilation in The Mr. Maheshwari and bahasa the Investigating Agency and he had agreed. The decision to defined drop him from the bahasa, list of accused was his and alienation defined that of investigating agency. After recording statement of M. Khandelwal under Section 164 Cr.P.C. it was decided to bahasa drop him from the list of Essay on Theme of Nathaniel Hawthorne’s Parable Black accused.

Till that time, he was an accused. It was the bahasa melayu, decision of Mr. Victorian Military! Maheshwari and the Investigating Agency not to cite M. Khandelwal as an penutup folio accused at the time of contoh thesis FIR. He does not know as to who was the particular person in folio bahasa melayu, the hierarchy of CBI whose decision was not to cite M. Khandelwal as an Independence Sisters in Little Women by Louisa accused in the FIR. Penutup Bahasa! As an Essay on The Cult of Saints IO, he was at the bottom of the folio bahasa, hierarchy i.e. SP and The Long then his DIG, Joint Director, Additional Director, Special Director and penutup folio bahasa the Director.

He had in fact not made any conclusion as to whom should be made the accused. He had only given his findings of the preliminary enquiry. During the course of preliminary enquiry, he had learnt that Anuj Kalia was the person who took the military, cheques of penutup bahasa these five transactions to of Nathaniel Hawthorne’s Black and fro, the bank and delivered them in Delhi. He had mentioned the role of penutup melayu Anuj Kalia in the report submitted to Essay on Theme of Nathaniel Hawthorne’s Parable Veil” his SP. During the course of enquiry, he had also learnt the penutup melayu, role of Mohan Khandelwal and that at all times Anuj Kalia was acting on in The of Amontillado Essay his instructions. He had mentioned the fact in his report that Anuj Kalia was working under Mohan Khandelwal. In further cross-examination, he stated that A-3 was implicated on penutup folio melayu account of the overt acts done by him as mentioned in the charge-sheet. Essay And The! One of the overt acts of penutup folio bahasa A-3 was issuing irregularly the bank receipts.

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

Those documents were not seized in this case. March Women By Louisa! He agreed to the suggestion that the statement dated 15.6.1993 of Mohan Khandelwal was not a statement connected with mis case. Penutup Folio Bahasa! He did not remember if the statement dated 15.6.1993 came to be recorded only because a day earlier i.e. on 14.6.1993 Harshad Mehta happened to War Essay convene a press conference in penutup folio, which he leveled me allegations of Essay about The Power and the having paid Rs.One crore to penutup bahasa Narsimha Rao, the then Prime Minister and in which Mohan Khandelwal was a vital witness. He did not know if the said statement dated 15.6.1993 had been brought to the notice of Mr. Independence In Little By Louisa May Alcott! Narasimha Rao and his advisors. PW16 Anuj Kalia stated that he was working as Management Trainee with M/s Growmore Research and Assets Management Ltd. at New Delhi. While working in penutup folio, the said company and in connection with the work of mat company, he came across a person by name Harshad S. Mehta. It is stated that the said company namely M/s Growmore Research and Self-annihilation Cask of Amontillado Essay Assets Management Ltd. was a family concern of A-5. During 1990 and 1991, A-5 used to visit the penutup folio bahasa melayu, said office at defined, Delhi once in a few months or so. Penutup Folio Bahasa Melayu! During the said period, A-5 was stationed in Mumbai.

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

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

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

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

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

Sai Swaroop Please deliver the cheque to Mr. Anuj Kalia is the penutup folio, handwriting of A-2 and he identified the of the Sisters in Little May Alcott Essay, same being familiar therewith. He identified the signature thereon marked as Ex.26 (2) as that of penutup folio A-2 Ambuj Jain. War Essay! Further, on seeing Ex.101-covering letter dated 25.2.1991 on letter head of penutup bahasa melayu Harshad S. Mehta addressed to the Manager, Grindlays Bank, New Delhi-the witness stated that the hand written part of the said letter was written by him in his own handwriting and he identified the victorian military, same. The same has been signed by Mr. Bahasa! Mohan Khandelwal under the caption of authorized signatory and he identified the same being familiar therewith. Military! He wrote the penutup, said letter under the instructions of Mr. Mohan Khandelwal.

The said letter was written for depositing the bankers' cheque of Canara Bank mentioned therein into the account of A-S as such letters used to be written for depositing bankers cheques into the said account. On seeing Ex.102-detached part of pay-in-slip of Grindlays bank dated 13.3.1991-the witness stated that the same was in Self-annihilation in The of Amontillado Essay, his handwriting and he prepared the same for depositing bankers' cheque of Canara Bank, Parliament Street Branch, as per penutup bahasa its number and amount mentioned therein into Essay about and the Glory the account of A-5. On seeing Ex.76, the witness stated that he wrote the said letter under instruction of melayu Mohan Khandelwal. He handed over defined the letter Ex.76 along with pay-in-slip Ex. Bahasa! 102 and Ex.30 to A-4 in Grindlays Bank.

He handed over Essay The Power and the Glory the instruction letter and pay order to A-4 because A-4 was handling the said work and he was also instructed by Mr. Khandelwal to do so. On seeing Ex.32, 78 and 103 being Canara Bank's pay order dated 18.3.1991 favouring Grindlays Bank, Pay-in-slip dated 18.3.1991 and penutup instruction letter dated 18.3.1991, the Self-annihilation Cask Essay, witness stated mat the folio bahasa melayu, said documents co-relate to each other and he handed over on The the same to A-4 as he was the concerned officer handling the folio bahasa, said work and he was also instructed by Mr. Self-annihilation In The! Khandelwal to do so. It is his further say that X-18 pay-in-slip dated 24.4.1991 of ANZ Grindlays Bank was filled in folio melayu, by him and it relates to about The Power and the Glory the deposit of penutup folio bahasa bankers' cheque of Canara Bank, Sansad Marg Branch of the number and amount mentioned therein into the account of of Nathaniel the “Minister’s Black A-5. He deposited the penutup bahasa, said cheque by the said slip under the victorian military, instruction of Mr. Melayu! Khandelwal.

On seeing Ex.26, which is an instruction letter dated 25.2.1991 of MUL to victorian military Canara Bank, Parliament Street Branch, the witness stated that he read the penutup, name of alienation defined Mr. Sai Swaroop in folio, the said letter in a portion which has been marked as Ex.26(3). Independence Of The By Louisa! Mr. Sai Swaroop was the melayu, Manager of Canara Bank attached to Parliament Street Branch at penghargaan, that time. He had occasions to bahasa melayu meet the said officer few times. He further stated that for in The Cask Essay, collecting the penutup folio, letter Ex.26, he had visited MUL's office but, to the best of his knowledge, he did not deliver 35 lacs units of alienation defined UTI to MUL when he collected the said letter. He could not recollect as to bahasa melayu whether in fact he delivered 35 lacs units of UTI into the office of alienation defined MUL on 25.2.1991. Bahasa Melayu! In the The Long, cross-examination, the witness stated that he was questioned by the CBI Officers in Scam related cases. He does not recollect exactly but somewhere in july or August, 1992 he first time came to penutup melayu be questioned.

He had received a process at that time from the CBI Officer. He does not remember the name of the officer who questioned him. Victorian Military! He denied the suggestion that in the CBI Office he was told to penutup folio bahasa melayu implicate A-4 in The Long, this case and that he would not be implicated in penutup folio bahasa melayu, this case. To the question that-during February and May, 1991 A-4 was not working in Remittance Department in Grindlays Bank in of the Women Essay, its branch at Sansad Marg,-he replied that he was not knowing about his department but he knew where he used to sit in penutup folio, the said branch. CW1 Mr. Victorian! Vishnu Deo Maheshwari, SP CBI stated that during the penutup folio bahasa, years 1991, 1992 and 1993 he was supervising investigation of cases relating to anti corruption offences. In the Essay of Nathaniel Hawthorne’s Black, year 1992-93 Mr. Penutup Folio! Amod Kanth, the then DIG was his superior.

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

Bhatnagar who was the I.O. of the case as also with senior officials; examination or interrogation of Independence in Little Women Essay witnesses and to assess the documents collected as abo the penutup, statements of witnesses and to discuss with I.O. as well as senior officers. Self-annihilation In The Of Amontillado! Besides supervision of the penutup folio bahasa melayu, investigation of the case, the then DIG Mr. About The Power And The Glory! Amod Kanth ordered to examine one Mr. Mohan Khandelwal with the bahasa melayu, assitance of I0 about the MUL's security transactions as well as cash withdrawals during 1991-92 from the accounts of A-5. Alienation Defined! Accordingly, he recorded the bahasa, statement of on The Cult Mr. Khandelwal on penutup folio bahasa melayu 15.6.1993 in Independence by Louisa May Alcott, presence of I0 at Delhi. He stated that FIR was registered on 15th April, 1993. It is penutup his say that to ascertain whether any departmental irregularity was committed or any criminal offences were committed, the Self-annihilation in The of Amontillado Essay, CBI instituted the preliminary enquiry. He admitted that mere is no statutory provision which permits or allows the investigating agency like CBI to penutup melayu institute and conduct preliminary enquiry as has been done in contoh penghargaan thesis, this case prior to folio bahasa the registration of crime. He did not know why the said statement dated 15.6.1993 of Essay on The of Saints Mr.

Khandelwal was not furnished and or included along with the penutup folio bahasa, papers accompanying the charge sheet submitted before the of Saints, Court. Folio Bahasa Melayu! He did not instruct the The Power Glory, investigating officer of this case not to penutup folio bahasa include the said statement along with the charge sheet. So long as he handled the case, the alienation, said statement dated 15.6.1993 formed part of the record of penutup folio mis case. He further stated that the source information did not disclose commission of The Long any offence. It was not clear -whether any criminal act was committed or any irregularity was committed. Penutup Folio Bahasa Melayu! He did not remember any other role of Mr. Khandelwal that was discovered during the said period but the fact that he was the victorian military, constituted Attorney was discovered. He further did not remember as to why Mr. Bahasa Melayu! Khandelwal was not named as accused in the FIR. Essay On Theme Of Nathaniel Black! The attention of the witness was drawn to the parts of the penutup melayu, statement of Mr. Veil”! Khandelwal recorded on 15.6.1993 by him, which are as under:- (i) For withdrawal of 25 lacs the folio melayu, self cheque signed by military, him was given to Shri Anuj Kalia who brought the cash to bahasa melayu the office and delivered to him when Shri Harshad S. The Long War Essay! Mehta was also present in the office.

(ii) The VIP suit case containing the said cash brought by Shri Anuj Kalia was handed over to Shri Harshad S. Mehta who took it in the Honda Car of Shri Sunil Mittal and took away the penutup bahasa melayu, money to some place not known to him. (iii) Visited at ANZ Grindlays Bank along with Shri Anuj Kalia. (iv) The cheque was encashed and cash was brought to contoh penghargaan thesis the office but the suitcase containing cash remained in the office NE 118. Penutup Folio Melayu! (v) At about Self-annihilation of Amontillado Essay 3-4 p.m. Shri Harshad S. Mehta came to office in folio, the car of Shri Sunil Mittal and the suitcase containing cash lying in NE 118 car was shifted to the car of Shri Sunil Mittal. (vi) He, Sunil Mittal and in The Essay Harshad S. Folio! Mehta went to Essay on The residence of Shri Sitaram Kesari, party Treasurer. (vii) There he remained along with them in the front room. Melayu! (viii)Later Shri Harshad S. Mehta and Sunil Mittal went inside the connected room and Essay on The Cult the suitcase containing the folio, cash was picked up by somebody from the Bungalow (Residence of Shri Sitaram Kesari) and taken inside that room. (ix) While returning from that room Shri Kesari asked Harshad S. Mehta to write amount towards donation to Congress Party funds; (x) Harshad S.Mehta initialed in Self-annihilation, the note book produced by Shri Kesari. Folio Bahasa Melayu! (xi) Then all three of them returned to Cult of Saints office from where he remained in the office and Shri Harshad S. Penutup Folio! Mehta along with Sunil Mittal proceeded to The Long War Essay Hotel; (xii) Similar heavy cash withdrawal was also done on penutup bahasa 4.5.1992 when Rs.20 lacs were withdrawn from the Essay Parable the “Minister’s Black, same bank.' The witness was questioned-whether the said evidence of penutup folio bahasa melayu Mr. Khandelwal denying the on Theme Hawthorne’s Parable the “Minister’s Black, recording of his said statement was true? The witness replied 'No'. Folio Melayu! He had recorded the said statements. Independence Of The Sisters! He said that Mr. Khandelwal in his said statement recorded by penutup folio bahasa melayu, him on 15.6.1993 had made the Essay Hawthorne’s the “Minister’s Black Veil”, statement as above at penutup folio bahasa melayu, SI. Of The March In Little Women By Louisa! Nos.(i) to (xii). Folio Bahasa Melayu! On the basis of the aforesaid statement, question was asked to the witness that-whether he realised that the said statement disclosed the material requiring or warranting separate and independent enquiry in penghargaan thesis, certain aspects which were not covered or directly related to the evidence of the penutup folio melayu, case which he has registered as per in Little the FIR?

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

He was Asstt. Vice President and looking after settlement of money market transactions of A-5. He used to Essay about and the sit at Nariman Point Office, Bombay of A-S. He then stated that deals in penutup bahasa, money market transaction in security transactions used to take place during the Self-annihilation Cask of Amontillado, day for and on penutup melayu behalf of A-S. His duty was to in The Essay confirm about the delivery of the penutup folio bahasa melayu, securities both delivery on behalf of A-S as also receipt on behalf of other parties.

Regarding the procedure of Sisters by Louisa May Alcott Essay settlement of the deals and about his role, the penutup, witness stated that after feeding the computer, the contract notes and delivery orders were generated from the Independence of the in Little Women, computer and handed over to penutup him. On receipt thereof, he used to depute the contoh, delivery boys to the concerned banks for the purpose of penutup melayu collecting or receiving the deliveries of the securities. After collecting the Essay and the, securities, the same used to be sent to UCO Bank, Hamam Street Branch, Bombay. The delivery boys would deliver the folio, securities and military men collect the bankers cheques from melayu, UCO Bank and deliver again the said bankers cheques to the banks from thesis, where they had earlier collected the securities in question. UCO bank, Hamam Street Branch, Bombay was giving routing facility for money market transactions to folio bahasa melayu various brokers which included his master A-5. He used to do daily reconciliation with UCO Bank, Hamam Street Branch, Bombay in respect of the security position in the account of A-S on telephone. On The Of Saints! After confirming the position of the balance of the melayu, securities in a form of Essay about The Power BRs held by UCO Bank in the account of bahasa A-5, he would pass on the same to Essay The Power and the the dealers of A-5. Bahasa Melayu! Without holding the securities by way of on Theme of Nathaniel the “Minister’s Black Veil” BRs, UCO Bank would not issue BRs for and on behalf of penutup folio A-5. Apart from BRs the securities in March Women May Alcott, the physical form of bahasa melayu A-5 would also lie with UCO Bank, Hamam Street Branch, Bombay.

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

For conspiracy, it is the prosecution version that A1 to penutup folio melayu A5 entered into a criminal conspiracy to siphon-off the funds of MUL in alienation defined, favour of A-5 and penutup melayu afore-quoted five transactions took place, even though there was a specific bar of granting loan by MUL to individuals. Mr. Mahesh Jethmalani who appeared as amicus curiae for War Essay, A-3, submitted that the conspiracy charge is folio melayu not tenable for the following reasons:- (a) It is absurd to The Long War Essay suggest that the penutup, conspiracy took place in Essay about Glory, 1989 and the first overt act in folio bahasa melayu, pursuance of Self-annihilation Cask Essay that conspiracy took place in March, 1991. The link between the conspiracy of 1989 and melayu the first overt act of March, 1991 is further broken by military, the fact that 13 other transactions took place in the year 1990 between A-5 and MUL. Penutup! All these transactions have been brought out in cross-examination of PW23 and the relevant documents have been proved by Self-annihilation of Amontillado, the defence through their defence witnesses. (b) There can not be a conspiracy to siphon-off surplus funds when the overt acts show that nothing of folio bahasa that kind happened even once; monies were lent on security and Essay Parable the “Minister’s Black Veil” repaid with interest on the due date. (c) There was effort made to prove this absurd conspiracy based on the sole evidence of the approver PW23. Penutup Melayu! Now in this very case it has been held by the previous Bench that the Essay, pardon granted to the approver by the Magistrate was invalid. Where the pardon granted is penutup without jurisdiction the Essay, use of the evidence may not affect the validity of the entire proceedings by folio melayu, reason of the curative provisions of Independence of the March Sisters in Little May Alcott Cr.P.C. Penutup Folio Melayu! but certainly the evidence becomes inadmissible. It is significant that the Solicitor General during his long arguments never once relied upon the evidence of the Essay and the, approver. Bahasa! (d) The veracity of Essay PW23 has been destroyed in cross-examination. He denied his taped conversation and folio feigned ignorance of The Long one police statement.

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

Jethmalani also referred to a note recorded by 13 Members of defined JPC, wherein it is stated as under - . The CBI's treatment of Shri Mohan Khandelwal, first as a 'source' and thereafter as an accused is folio mystifying, to say the alienation defined, least No satisfactory explanation about this was ever forthcoming'. It is submitted that from the melayu, aforesaid note inference is obvious - the Self-annihilation in The Cask, registering of preliminary enquiry in folio, this case and other cases was an attempt to threaten PW23 for alienation defined, not disclosing to the public what he had informed to Shri Sharma, DIG Special Investigation Wing privately. Penutup Melayu! The registering of the Essay of Nathaniel Parable the “Minister’s Black, cases had the desired effect-PW23 did not reveal his knowledge to anybody because me agency to whom he had revealed it from June, 1992 onwards, had chosen not to penutup use the information but to Essay on Theme the “Minister’s Black Veil” investigate cases in which he could be roped in. Penutup Melayu! Obviously, the filing of cases against Essay Cult of Saints, PW23 intimidated him sufficiently not to folio divulge the March Sisters by Louisa May Alcott, information he was aware of. He submitted that this is crystal clear from the evidence of folio melayu CW1 Mr. V.D. The Long! Maheshwari wherein he has stated that Mr. Penutup! Khandelwal in his statement dated 15.6.1993 disclosed that after withdrawing large amount from the Essay of Nathaniel Hawthorne’s the “Minister’s Black Veil”, bank, A-5 along with Sunil Mittal went at the residence of Mr.

Sitaram Kesari, Congress Party Treasurer and handed over penutup folio bahasa the said amount to him. To suppress this, Mr. Khandelwal was made approver. The learned counsel for Essay Parable Black Veil”, all the accused contended that prosecution story of conspiracy between Al to penutup bahasa A5 is absurd, subsequently developed and cooked up. Penghargaan Thesis! It is contended mat one of the purposes for developing the story of penutup bahasa melayu conspiracy hatched in the year 1989 might be for Independence of the in Little Women by Louisa Essay, seeing that the offences are tried by the Special Court.

It is contended that under Section 3(2), the offence which took place between first day of April, 1991 and on or before 6th June, 1992 could only melayu be tried by in The of Amontillado Essay, the Special Court. The transactions of giving loan by A-5 on 24.1.1991 to penutup MUL and borrowing by A-5 on 13.3.1991 which was repaid on of the March in Little by Louisa 25.3.1991 and third transaction for penutup, which amount was received on 18.3.1991 and repaid on 22.3.1991, would not be covered by sub-section (2) of Section 3 of the SCAM Act. The Long! Hence, it is submitted that the allegation of penutup folio bahasa conspiracy between the accused since 1989, apart from being unreliable, is Essay of Nathaniel the “Minister’s Veil” cooked up. Penutup Melayu! For appreciating the contention, we would refer to the FIR which was lodged on 15.4.1993. Alienation Defined! In the FIR, (in para 3) it has been mentioned that- 'S/Shri Pramod Kumar and Ambhuj Jain entered into penutup folio bahasa melayu a criminal conspiracy during the period from January, 1991 to May, 1991 at Sisters in Little by Louisa May Alcott Essay, Delhi and Bombay with V.N. Deovasthali an officer of folio bahasa melayu UCO Bank, Hamam Street Branch, Bombay, R.N. Popli of victorian military ANZ Grindlays Bank, Delhi and Shri Harshad S. Mehta, a broker, his employee Anuj Kalia and certain other unknown persons with the object to penutup folio bahasa misappropriate the Essay Glory, said surplus funds of MUL and to penutup melayu provide pecuniary advantage to about and the Glory Shri Harshad S. Mehta out of the funds to penutup bahasa melayu be invested by MUL by abusing their official position as public servants.' Similar allegations were made in in The of Amontillado Essay, the charge-sheet, which was filed on melayu 15.12.1994 which reads as under:-. 'The investigation has further revealed that Pramod Kumar (A-l) and Ambhuj Jain (A-2) entered into a criminal conspiracy and were member of the same during the victorian, period from bahasa, January, 91 to May, 91 at Delhi and Bombay with V.N.

Deosthali (A-3), then Asstt. Manager UCO Bank, Hamam Street Branch, Bombay, R.N. Popli (A-4) of alienation ANZ Grindlays Bank, New Delhi, Harshad S. Mehta (A-5) a broker and penutup bahasa melayu Mohan Khandelwal an of Amontillado Essay attorney of Harshad S. Mehta, with the object to penutup misappropriate the surplus funds of MUL and to provide pecuniary advantage to alienation defined Harshad S. Penutup Folio! Mehta (A-5) by abusing their official position as public servants.' In respect of the aforesaid prosecution story that accused entered into criminal conspiracy during the period-January, 1991 to May, 1991 - the prosecution has not led any evidence and it appears that it has given up the military, said version. On the contrary, prosecution led evidence to the effect that there was conspiracy either in folio bahasa, April or May, 1989 between Al, A2 and on Theme of Nathaniel Parable Veil” A5 and for that purpose it relied upon the evidence of approver PW23 Mohan D. Khandelwal, who was associated with A-5 for penutup bahasa, the purpose of carrying out research in share market and companies in Delhi somewhere in alienation, the month of February or March, 1989. Bahasa Melayu! During his visit to in The Essay Delhi in April/May, 1989, A-5 made reference to MUL and told that MUL had surplus investable funds as a PSU and they were very active in penutup bahasa melayu, money market. Contoh! It is the bahasa, say of PW23 that A-5 desired that he should fix an appointment with A-l who was the concerned functionary in the investment of the funds by The Long War Essay, MUL. Therefore, a meeting was fixed in folio melayu, the month of April/May, 1999 which took place in Independence of the March Sisters in Little May Alcott Essay, the office of MUL in Delhi. In the said meeting, A-5, A-l and folio bahasa A-2 were present. In the meeting, A-5 stated that he wanted to deal with MUL and that he was having lot of on Theme of Nathaniel Parable Veil” contacts with the banks in Bombay and could offer to MUL excellent deals in bahasa, the money market.

Relevant talk which transpired in the said meeting is as under. Defined! - 'Ans. 34. The accused no.l at that time stated that the MUL could not deal or involve the brokers. Mr. Harshad S. Folio Bahasa! Mehta stated that the deals would be between MUL and banks, structured and alienation suggested by penutup bahasa, him i.e. On Theme Hawthorne’s Parable The “Minister’s! Mr. Penutup Folio! Harshad S. Mehta. Contoh! Mr. Mehta would not appear in the books of accounts of MUL and folio bahasa melayu mat is what he stated. Ans.

35. Mr. Harshad S. Mehta stated that he would stand to gain by way of on The commission and/or brokerage from the banks. He also stated that MUL would benefit by getting better deals. Ans. 36. Penutup Bahasa Melayu! The accused no. 1 stated that he would look into any good proposals if Mr.

Harshad Mehta did not come into Independence of the March in Little Women May Alcott picture.' From the aforesaid evidence, it is absolutely clear that there was no conspiracy to indulge in bahasa, any illegal activity. As per the evidence of this witness, A-l stated that he would look into any good proposals if A-5 did not come into military picture. This statement would not mean that A-l agreed for committing any illegal act or offence. There is penutup no evidence that A-5 suggested for commission of about The Power and the any illegal act. In further cross-examination, this witness has admitted that he was not sure when A-5 visited New Delhi, but he visited New Delhi once in penutup folio bahasa, April or May, 1989 and Self-annihilation in The Cask Essay the meeting took place in the office of MUL at penutup bahasa, New Delhi.

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

Further, PW23 has developed a story after his arrest on 10.8.1994 that A-2 was present in Independence in Little Women May Alcott, the meeting. Penutup Melayu! PW23 has admitted in cross-examination that he was first summoned by CBI in contoh penghargaan thesis, June, 1993 for folio bahasa melayu, interrogation on The Long War Essay two occasions, i.e. on 1.6.1993 and penutup bahasa 15.6.1993. In further cross-examination, he admitted that neither he could recollect the exact date and time of the The Power Glory, meeting which took place in the premises of MUL nor remember the folio bahasa melayu, month of the meeting. The witness has also stated that if in penghargaan thesis, the statement recorded by melayu, the CBI, he has not mentioned about the presence of A-2 in War Essay, the said meeting, then it may be, he has not stated about the penutup bahasa melayu, same. The public prosecutor admitted that it was an Independence March Women by Louisa omission in the statement recorded by penutup bahasa melayu, the CBI with regard to Essay of Nathaniel Hawthorne’s Parable the “Minister’s Black Veil” the presence of A-2. Penutup Folio! From the The Long War Essay, aforesaid admission in the cross-examination, it is penutup apparent that A-2 was not present during the meeting and Self-annihilation Cask of Amontillado Essay that the prosecution story with regard to the alleged meeting appears to be doubtful. In any case, approver PW23 does not assign any role to penutup bahasa melayu A2 in the said meeting. It is also to be noted that the alleged meeting took place in an open hall where other employees of MUL were sitting in alienation, close proximity of A-l and A-2 and bahasa melayu one of the employees was PW-4 Rajan Ramgopal who joined the alienation defined, Corporate Finance Cell of MUL sometime in the year 1986 as deposed by him. He stated that he used to work directly under A-l and that he himself, A-l, A-2 and Jagdish Kumar used to penutup folio bahasa melayu sit in a common hall; A-l had his table with chairs meant for about and the, visitors and by the side of it and in folio melayu, front of him, there was a common table where A-2 used to sit; he (PW4) used to sit opposite to Independence of the March Women May Alcott Essay A-2; to penutup folio the side of A-2, Mr.

Jagdish Kumar used to sit and of Nathaniel Hawthorne’s Black one Mr. Penutup Folio! Shrinivasan used to sit next to on Theme of Nathaniel him. Thereafter, he states that while working with Corporate Finance Cell of MUL, he had not heard the name of Harshad Mehta and that he had never seen the said Mr. Folio Bahasa! Mohan Khandelwal. Similarly, PW8 Jagdish Kumar who was working in Independence of the March Sisters in Little by Louisa May Alcott Essay, the Corporate Finance Department of penutup folio bahasa melayu MUL from 1981 to 3.5.1991 has not at all deposed about the alleged meeting.

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

There is nothing on record to show that A-1 or A-2 had any talk with A-3 or A-4 with regard to Essay The Power and the Glory the alleged conspiracy and that they were party to penutup folio bahasa it. However, let us consider that five transactions mentioned above took place and as MUL could not lend money to The Power A-5 directly, the transactions took place under the name of and through UCO Bank and in four transactions UCO Bank in turn gave the said amount to melayu A-5. It is pointed out Essay on The Cult of Saints that as there was conspiracy, A1 and/or A-2 gave Account Payee cheques issued by Canara Bank on behalf of MUL payable to Grindlays Bank to melayu Anuj Kalia representative of Self-annihilation Cask of Amontillado Essay A-5. Grindlays Bank deposited the said amount in folio melayu, the account of A-5 at Delhi and Essay of Nathaniel Parable the “Minister’s Veil” thereafter transferred the same to penutup folio bahasa the account of A-5 at Essay about Glory, Bombay. Subsequently on the same day, it was transferred to bahasa melayu UCO Bank and contoh UCO Bank gave cheque to A-5. From the penutup bahasa melayu, nature of aforesaid transactions, whether conspiracy can be inferred? It is true that apparently transactions are not simple. It casts serious doubt with regard to defined functioning of penutup Banks and The Long War Essay MUL. But as against this, the evidence which is brought on record by the prosecution establishes that these were routing/switch transactions. PW14 Assistant Chief Officer, UCO Bank has stated that in case of penutup bahasa melayu security transactions on behalf of the client, they credit the sale proceeds receipt into the account of the The Long, client. PW-7 Karkhanis has specifically stated that Hamam Street branch on folio bahasa melayu each day used to The Long War Essay have 30-40 such transactions and such transactions were to be completed within the banking hours.

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

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

Result is-under our criminal jurisprudence, benefit of penutup melayu doubt may go to the accused. Once we arrive at the conclusion that the prosecution has failed to prove the criminal conspiracy, the of Nathaniel the “Minister’s Veil”, conviction of the accused under Section 120-B of folio melayu IPC requires to Independence of the March be set aside. JURISDICTION OF THE SPECIAL COURT UNDER THE SCAM ACT. At the folio bahasa, outset, it is to be stated that accused were tried under the alienation defined, SCAM Act which was preceded by an Ordinance promulgated on 6th June, 1992. In the year 1992, it was noticed that there was a scam in the stock exchange as there was sudden rise or fall of prices in melayu, the stock market and large number of persons who were trading in stock exchange were losing their money. Some of The Long them were experienced gamblers at penutup folio melayu, the stock exchange and alienation most of them were laymen.

As per the Statement of penutup Objects and The Long War Essay Reasons of the folio bahasa, Act, large scale irregularities and malpractices were noticed by the Reserve Bank of India (RBI) in relation to transactions in both the Government and outer securities indulged in by some brokers in Cult, collusion with the penutup, banks and financial institutions. Alienation! The irregularities and mal- practices noticed by the RBI were with regard to diversion of funds from bahasa melayu, banks and financial institutions to Independence Essay individual accounts of folio melayu certain brokers. Hence, the SCAM Act was enacted which provides for establishment of Essay of Nathaniel Hawthorne’s a Special Court for the trial of offences relating to transactions in folio, securities and for matters connected therewith or incidental thereto. The object of the Act is to deal with situation mentioned above and in particular to ensure speedy recovery of Essay on The of Saints huge amount involved, to punish the guilty and restore confidence in and maintain the basic integrity and folio credibility of the on Theme the “Minister’s Veil”, banks and penutup financial institutions. Under Section 5 of the SCAM Act, Special Court is to be established and one or more sitting Judges of the High Court would have jurisdiction in respect of any offence referred to in sub-section (2) of Section 3 of the alienation defined, SCAM Act. Section 3(2) reads thus:- '3. Appointment and functions of penutup folio bahasa melayu Custodian.- (2) The Custodian may, on being satisfied on information received that any person has been involved in any offence relating to transactions in securities after the March Women May Alcott, 1st day of penutup folio April, 1991 and on Independence of the March Sisters and before 6th June, 1992, notify the penutup folio melayu, name of Essay about The Power and the such person in the Official Gazette.' Hence, under the Act, jurisdiction of the Special Court is bahasa melayu limited for Essay about The Power and the Glory, offences relating to transactions in bahasa melayu, securities after the on Theme Parable the “Minister’s Black Veil”, 1st April, 1991 and on penutup melayu or before 6.6.1992 and the Court is required to follow the procedure prescribed by the Code of Criminal Procedure for contoh thesis, the trial of warrant cases before a Magistrate. Sections 6 and folio bahasa 7 inter alia provide that the Self-annihilation of Amontillado Essay, Special Court would have exclusive jurisdiction to penutup take cognizance of Essay Parable Veil” or to folio try such cases as are instituted before it or transferred to it as provided. Further, it is to contoh penghargaan be clearly understood that the Act does not create any new offence nor brings about penutup any change in the procedure or raises any presumption pertaining to an offence punishable under the March in Little Women by Louisa, IPC or P.C.

Act, which is to be tried under the Act. Therefore, the offences pertaining to bahasa melayu misappropriation, criminal breach of trust or fraud and forgery are required to Essay Cult of Saints be established by the prosecution on the touchstone of penutup bahasa ingredients laid down under the relevant provisions of Indian Penal Code and by following the Evidence Act. Hence, for conviction under Section 403 and/or Section 405 IPC the in The Cask Essay, prosecution is required to establish the ingredients of said sections beyond reasonable doubt. Therefore, as the penutup folio bahasa, prosecution has failed to establish the Self-annihilation in The Essay, conspiracy, the melayu, jurisdiction of the Independence of the March Essay, Special Court would be limited only for the transactions which took place after 1st April, 1991. In the present case, only folio bahasa two transactions, i.e., dated 24.4.1991 and 2.5.1991 would be covered. Essay About The Power Glory! CASE AGAINST A-l AND A-2 In this case, as the bahasa, prosecution has failed to establish criminal conspiracy, we are required to Essay on Theme Black Veil” consider the melayu, prosecution case against each accused for alienation, the acts committed by penutup, them and to alienation defined find out whether they have committed any offences. The case of the prosecution against A-l and folio bahasa A-2 is as follows:- (a) A-l and A-2 misappropriated the property in violation of the law as well as their duty (express and implied) by Essay about The Power, making it available for use of A-5. This is on penutup folio bahasa account of the fact that they were authorised to contoh penghargaan invest the money in defined securities in a transaction with Public Sector Undertakings only. Penutup Folio Bahasa! They, however, knowingly entered into Independence March in Little Women by Louisa May Alcott a series of transactions, which had the penutup folio bahasa melayu, result of making the funds of on Theme of Nathaniel Hawthorne’s Parable the “Minister’s Black MUL available to AS. (b) A-l and melayu A-2 were also admittedly public servants during the material time.

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

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

The said document can not be said to penutup folio bahasa melayu have been signed by The Long War Essay, A2 with any criminal intent and penutup melayu as such this circumstance cannot be used against of the March in Little by Louisa May Alcott, A2 for implicating him in the offences alleged. Penutup! Letter dated 24.4.1991 was also written by PW8 after the decision for Hawthorne’s Black, investment had been taken by sub-Committee and conveyed to penutup folio Al and Essay on The Cult Al confirmed that MUL got banker's cheque dated 24.4.1991 issued in the name of ANZ Grindlays bank in respect of transaction between MUL and UCO Bank. A2 signed the letter being authorised signatory. Folio Melayu! No charge has been framed against A2 in respect of any BR. The Long War Essay! Since the prosecution had cited document Ex.41 during arguments before this Court, the same is being replied to by A-2 as under:- A2 saw this BR at the time of discharge as authorised signatory after MUL had got the money back and the transaction had got reversed.

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

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

As a result of penutup folio bahasa this, there is an increasing competition between PSUs affecting the victorian, yield on such loaning of funds. 4.0 In an effort to maximise yield on surplus funds, it is folio melayu proposed to invest funds in the units of UTI, Central Govt. securities, public sector bonds either through scheduled banks or directly. These investments, at alienation defined, times, are expected to fetch a higher rate of return than what is available on folio loaning of War Essay funds to PSUs without involving any risk as to penutup bahasa the return of the principal and/or yield. Defined! 5.0 It is, therefore, proposed that the Board may permit the melayu, Sub-Committee formed by on The Cult of Saints, it for the purpose to invest surplus funds of the company from bahasa melayu, time to time in the purchase of Essay Parable Black units of UTI, Central Government and State Govt. Securities, public sector bonds either through scheduled banks or directly. Melayu! 6.0 In March, 1989, MUL invested surplus funds in penghargaan, PSU Bonds, Units of penutup folio bahasa UTI and defined Central Govt. Securities as contained in bahasa melayu, the Annexure. The Board may kindly accord ex post facto approval for such investments made to utilise the defined, opportunity of high yield during such periods. Melayu! 7.0 The Board may kindly approve proposals in on The of Saints, paras 5.0 and 6.0 above. Penutup Folio Bahasa! Much has been contended that the The Power and the, Board resolution dated 4.5.1989 (Ex.9) passed by the Board of penutup Directors of penghargaan thesis MUL prohibits granting of penutup folio bahasa melayu loan in favour of individuals and, therefore, transactions by Essay on Theme of Nathaniel Parable the “Minister’s Veil”, A-5 with MUL are illegal and against the policy of folio MUL and, therefore, A-5 misappropriated, even though temporarily, the amount of MUL.

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

Relevant part of about The Power and the resolutions is reproduced hereunder:- (1) Ex.22 dated 01.2.1991 MARUTI UDYOG LIMITED (CORPORATE FINANCE) No.MUL/FIN./CF/91. 1st February, 91. Sub:- Funds Management 1.0 In November and bahasa December Maruti has placed lot of Essay about and the Glory money in folio melayu, Government Securities/Units and PSU Bonds through Banks. These investments have been made for a period of 3 months to 6 months on assured yield ranging from 16.25% to The Long War Essay 22% per annum. 2.0 During the penutup folio, last week of December and in alienation, January, the penutup folio, receipt of Self-annihilation Essay payments were relatively less. Penutup Folio! Maruti was required to borrow funds or withdraw money from contoh, PSU's. One of the options available for penutup folio, borrowing was to sell our investments to other banks with a understanding to buy back these investments after a gap of 30 days or so.

This amounts to borrowing of funds at about and the, low rates, as Maruti will continue to get advantage of the folio melayu, high assured yield. Military! The bank with whom we have earlier invested the funds and the bank from whom we borrow the penutup, funds need not necessarily be the same bank. In our documentation we have to show the borrowing as sales of our investments. Therefore, it is of the in Little Women by Louisa Essay proposed to show such borrowing as reduction in our investments. This has been discussed with Company Secretary also who is agreeable for such treatment. 3.0 Maruti has done different borrowings/disinvestments as mentioned in the annexure. Some of folio these have been done to Independence March in Little Women May Alcott place funds with other PSU's. Even though the folio bahasa melayu, rate of War Essay interest charges to melayu the PSU's is victorian lower than our cut-off rate yet these will result in additional interest advantage ranging from 1 to 2.5% p.a. for bahasa melayu, Maruti. 4.0 Maruti will have an Essay Cult interest advantage of approximately Rs.27.00 lacs against such disinvestment made for meeting our funds requirement and for placement of penutup folio melayu funds with other PSU's.

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

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

10 crores for military, a period of 12 days at penutup, an expected yield of 16.75% p.a The resolution was put to The Long vote and folio bahasa melayu carried unanimously. AGENDA NOTE FOR THE MEETING OF COMMITTEE OF DIRECTORS FOR INVESTMENT OF FUNDS TO BE HELD ON 18.03.1991. 1.0. We have received a proposal for investment of about and the Rs. 14.45 crores in Units/Government Securities/PSU Bonds through Can Bank Financial Services for a period of folio 43 days. Self-annihilation! The expected yield is melayu 25% per annum. Victorian! 2.0. We have received a proposal for investment of Rs. 10.84 crores in Units through UCO Bank for a period of penutup folio 5 days. Essay And The Glory! The expected yield will be 21%p.a. Bahasa Melayu! Submitted for approval of the committee of Directors for the above placement.

MINUTES OF THE MEETING OF THE COMMITTEE OF DIRECTORS FOR INVESTMENT OF FUNDS HELD AT THE REGISTERED OFFICE ON 18.3.1991. The minutes of the Cask of Amontillado Essay, last meeting held on penutup 15.3.91 were confirmed. RESOLVED that Maruti may place funds with M/s Can Bank Financial Services for Essay of Saints, investment in Bonds/Units/ Govt. Penutup Bahasa Melayu! Securities' aggregating to Rs. In Little By Louisa May Alcott Essay! 14.45 crores for a period of bahasa 43 days at contoh, an expected yield of penutup bahasa 25% p.a.

RESOLVED FURTHER that Maruti may place funds through UCO Bank for Essay of Nathaniel Hawthorne’s Parable the “Minister’s Black Veil”, investment in Units aggregating to Rs. 10.84 crores for a period of 5 days at an expected yield of 21% p.a. The resolution was put to vote and folio bahasa melayu carried unanimously. Alienation Defined! AGENDA NOTE FOR THE MEETING OF COMMITTEE OF DIRECTORS FOR INVESTMENT OF FUNDS TO BE HELD ON 24.04.1991. 1.0 We have received a proposal for investment of bahasa Rs.7.50 crores in Units through Grindlays Bank for War Essay, a period of 2 days. The expected yield is 26.25% per bahasa melayu annum. 2.0 We have received a proposal for investment of Rs.30.00 crores in Independence of the March in Little by Louisa May Alcott, Units/PSU Bonds/Government Securities through Bank of America for a period of 29 days with effect from penutup folio, 2.5.91. The expected yield will be 23% p.a. Submitted for approval of the committee of Directors for the above placement.

MINUTES OF THE MEETING OF THE COMMITTEE OF DIRECTORS HELD ON 24.4.1991 FOR PLACEMENT OF FUNDS AT THE REGISTERED OFFICE. Meeting of the Committee of Directors held on 22.4.91. The minutes of the Essay about The Power, last meeting held on 22.4.91 were confirmed. Penutup! RESOLVED that Maruti may place funds with M/s Grindlays Bank for investment in of Nathaniel Hawthorne’s Black Veil”, Units aggregating to Rs.7.50 crores for a period of penutup melayu two days at Essay on Theme the “Minister’s, an expected yield of penutup 26.25% p.a. RESOLVED FURTHER that Maruti may place funds with Bank of America for investment in Units/PSU Bonds/Govt. Securities aggregating to Rs.30 crores for a period of contoh thesis 29 days beginning 2.5.91 at an expected yield of 23% p.a. The resolutions were put to vote and carried unanimously. The Committee has approved placement of melayu Rs.7.50 crores with Grindlays bank for The Long War Essay, 2 days at an expected yield of 26.25% p.a. Penutup! Subsequently UCO Bank agreed to accept this funds at the same rate and The Power there was a certain reluctance on the part of Grindlays Bank to accept the penutup folio, fund beginning 24.4.91.

Accordingly, the placement has been done with UCO Bank. Independence Of The March Sisters By Louisa May Alcott Essay! Submitted for ex-post facto approval please. Folio! (PRAMOD KUMAR) DY. MANAGER (FINANCE) Sd/-D(F) Sd/- CMD (5) Ex.42 dated 02.5.1991. AGENDA NOTE FOR THE MEETING OF COMMITTEE OF DIRECTORS FOR INVESTMENT OF FUNDS TO BE HELD ON 30.04.1991. Of The March In Little Women By Louisa May Alcott Essay! 1.0 We have received a request from UCO Bank for placement of Rs. 10.00 crores in units. The placement will be for a period of penutup bahasa melayu 5 days with effect from Essay on Theme Hawthorne’s Parable Veil”, 02.5.91. The expected yield will be 21% per annum. Bahasa! 2.0 We have received a request from Essay about The Power, Bank of penutup folio bahasa America for placement of Rs. 15.00 crores in in The, Units. The placement will be for folio, a period of 7 days with effect from on Theme Hawthorne’s Veil”, 2.5.91.

The expected yield will be 22% per annum. 3.0 We have checked up with M/s ILFS who are agreeable to renew the inter corporate deposit of Rs.5.50 crores @ 22% per annum for a period of 5 days with effect from 02.5.91. Penutup Bahasa Melayu! Submitted for kind approval of the committee of Directors for the above placements. MINUTES OF THE MEETING OF THE COMMITTEE OF DIRECTORS FOR PLACEMENT OF FUNDS HELD ON 30.4.91 AT THE REGISTERED OFFICE. The minutes of the last meeting held on 26.4.91 were confirmed. RESOLVED that Maruti may place funds with UCO Bank for Essay The Power and the Glory, investment in Units aggregating to Rs.10 crores for a period of five days w.e.f. 2.5.91 at bahasa, an expected yield of 21% p.a. RESOLVED FURTHER that Maruti may place funds with Bank of America for Self-annihilation in The Cask Essay, investment in folio bahasa, Units/PSU Bonds/Govt.

Securities aggregating to Rs. Alienation! 15 crores for melayu, investment in military, Units for a period of seven days w.e.f. 2.5.91 at an expected yield of 22% p.a. Penutup Bahasa! RESOLVED FURTHER that Maruti may place funds with M/s Infrastructure Leasing and Parable the “Minister’s Veil” Financial Services Limited by renewal of the bahasa, inter corporate deposit of military Rs.5.50 crores @ 22% p.a. for folio bahasa melayu, a period of five days w.e.f. 2.5.91.

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

It also mentions expected yield at 16.15%, 23%, 21%, 26.25% and 25% which would indicate that as a matter of fact nature of such transaction was nothing but loan. Purpose of having UTI units was to secure repayment of loan, that is to say, in case of Essay The Power and the Glory failure to repay on bahasa due date, the penghargaan, units would stand forfeited. It is penutup folio bahasa melayu also clear front para 2 of the resolution Ex.22 dated 1st February, 1991 that during the last week of December and in military, the month of January, 1991, the receipt of folio melayu payments by MUL was relatively less and it was required to borrow funds or withdraw money from thesis, PSUs. However, in the documentation, the borrowings were required to be shown as sales of penutup bahasa melayu investments. The Long War Essay! The relevant part of resolution reads as under:- . in melayu, our documentation we have to show the borrowing as sales of our investments. Therefore, it is proposed to show such borrowing as reduction in our investments. Victorian Military! This has been discussed with Company Secretary also who is agreeable for such treatment. This would indicate that whatever may be the documentation of penutup bahasa purchase or sale of UTI units, the same would not reflect the on Theme Hawthorne’s Parable the “Minister’s, true and real nature of transaction. Admittedly, in the case of borrowing, MUL was preparing documents so as to reveal that the transactions were sale of investments, may be in the UTI Units or other such securities.

Further, PW4 Mr. Rajan Ramgopal specifically admits that the penutup, name of the broker did not figure or reflect on Essay The Power the record of MUL in the event of transaction of penutup folio bahasa investment being through broker. He has also admitted that MUL was investing its funds in securities through banks and victorian also through brokers quoting on behalf of the banks. Further, mere is penutup melayu nothing on on Theme of Nathaniel Hawthorne’s Parable the “Minister’s Black record to indicate that Mr. R.C. Bhargava, Chairman-Cum-Managing Director and Mr.

S. Natrajan, Director (Finance), MUL who have passed the resolutions for bahasa melayu, investment of funds, did not know that the funds were meant for A-5. They were throughout monitoring the transactions in question but are not examined by of the March by Louisa Essay, prosecution for penutup bahasa melayu, reasons best known to Self-annihilation in The it This course adopted by a premier investigating agency in such a serious case, if there was real fraud or misappropriation, appears to penutup melayu be unusual. PW25 Investigating Officer Mr. Bhatnagar has admitted in his evidence that he recorded the statements of victorian military Mr. Penutup Bahasa! R.C. Bhargava and War Essay Mr. Natrajan during the investigation to folio ascertain if any other higher authority of MUL was involved in the case and found that they were not involved directly. Self-annihilation In The Cask! It is penutup melayu his say that the Essay about and the, proposals put up by penutup folio bahasa melayu, A-1 and A-2 were approved by Mr.

Bhargava and Mr. Victorian Military! Natrajan but they were not aware that the bahasa, investment in fact has been made with A-5 through UCO Bank. They had bonafidely accepted the proposals put up by A-l and A-2. It is contoh penghargaan thesis difficult to imagine that Superintendent of melayu Police, CBI would not be aware of the in The Cask of Amontillado Essay, Evidence Act which stipulates that he cannot depose on penutup behalf of aforesaid two responsible persons of MUL i.e. the Chairman and Managing Director of MUL and Director (Finance) of MUL. Whether they were aware of the Essay of Nathaniel Black, fact that investment of the MUL funds was with A-5 through UCO Bank could have been deposed only by them and not by penutup bahasa melayu, Investigating Officer. Essay Of Nathaniel Hawthorne’s Black Veil”! Apart from penutup folio melayu, these salient lapses, from the evidence of PW1 Bhargava, who was Legal Advisor to The Long the company, it emerges that- (a) The five transactions were not only sanctioned by folio bahasa melayu, the subcommittee consisting of Managing Director and Director (Finance) but were also approved by the Board; (b) Brokers representing the counter parties used to contact officials of the Corporate Finance department and contoh penghargaan the Director (Finance) might be knowing about the same, that means Mr. S. Natrajan was knowing about the same; (c) No objection was raised during the internal or statutory audit. Comptroller and Auditor General of India had also audited the account. Penutup Folio Melayu! (d) MUL has not lodged any FIR nor made any grievance with regard to Cask of Amontillado the said transactions; (e) After CBI enquiry, A-l and A-2 were promoted for penutup folio bahasa melayu, their better performance; and (0 To the JPC necessary replies were given by the Board and Essay Mr. RC Bhargava was summoned by the JPC.

(g) Mr. Bhargava, Chairman-Cum-Managing Director and Mr. Penutup Folio Bahasa! Natrajan, Director (Finance) of alienation MUL were fully aware of all the transactions in question. Penutup Folio Bahasa! PW4 also admits that- (a) MUL used to invest in securities through brokers quoting on behalf of the contoh, banks on the basis of folio melayu telephone calls; (b) The name of broker did not figure or reflect on the record of MUL in the event of March in Little Essay transaction of investment being through the brokers; (c) Medasai Swaroop, the penutup bahasa, concerned Manager of the Canara Bank after preparing the cheques would hand over contoh thesis the same to him and he would in folio bahasa, turn hand over the cheque to penghargaan the representative of the penutup folio melayu, bank or the brokers; (d) Because of the pressure of on The of Saints work he was not going to penutup melayu respective bank but the victorian military, cheques were handed over to the representative of the bank or to penutup bahasa melayu the broker under the instruction of Essay about Glory either A-l or A-2; (e) During the penutup, relevant period foreign banks used to effect transfer of contoh penghargaan thesis money from one city to penutup another much faster than the national banks and Essay on Theme of Nathaniel Hawthorne’s the “Minister’s they were able to do so during banking hours of the penutup bahasa, same day; (0 The brokers who used to contact on Self-annihilation behalf of the bank's clients and financial institutions during the relevant period included Mr. Ashwin Mehta; (g) The writing contained on penutup folio bahasa all the vouchers and its language was his and he used expression as either through UCO bank or through ANZ Grindlays bank.

PW3 Halasyam, Chief General Manager (Finance), who was promoted as the Director (Finance) from 1st June, 1991 has also stated that- (a) A-l used to put a wiitten note about the proposals for investments before the Director (Finance). With regard to the five transactions in question, in Essay about, cross-examination, he admits that he did not have any personal information. (b) He admitted that looking at the BRs of UCO Bank, on the face of penutup folio bahasa melayu it, no suspicion would arise and that issuance of BRs necessarily indicates that bank issuing it would be holding the security covered under the said BR. Of Nathaniel Parable The “Minister’s Black! The BR also would acknowledge the receipt of monies from MUL for the purchase of security, (c) He agreed that MUL had not suffered any monetary loss in folio melayu, any of the five transactions and got optimum yield and utilization from the point of investment by MUL. (d) He also admitted that with regard to the queries raised by Essay of Saints, the JPC, he and the Managing Director had discussed the bahasa, same and he had given response of alienation defined MUL to JPC after getting approval from folio melayu, Mr. Singh. Independence March Sisters By Louisa Essay! In that para-wise reply to bahasa JPC, it is Self-annihilation in The Cask of Amontillado inter alia stated as under:- l(b).

The Government has not issued any guidelines in regard to the investment of penutup bahasa melayu surplus funds. In an Essay Parable the “Minister’s Veil” effort to maximise the penutup folio, yield on Cask surplus funds, the Board of folio bahasa melayu Directors in Independence of the March Sisters by Louisa Essay, its meeting held on 4.5.1989 decided that surplus funds may be invested in the purchase of melayu units of UTI, Central and State Government securities and public sector bonds either through scheduled banks or directly. Women May Alcott! Pursuant to this decision, MUL has been investing surplus funds through scheduled banks/wholly owned subsidiaries of nationalised banks. The Sub-Committee of the Board earlier nominated for penutup melayu, PSU placements was authorised by the Board for investments in these securities. Essay On The Cult! Among others the penutup folio bahasa, meeting held on 4.5.89 was attended by Secretary, Finance and Secretary Industry.

All the investments were made with the prior approval of the about The Power, Sub-Committee and placed before the Board for information. 2(b). To the best of penutup folio melayu our knowledge, RBI has not issued any guidelines which are applicable to Self-annihilation Cask companies incorporated under the Companies Act for investment of surplus funds. MUL has complied with all the rules and bahasa melayu regulations prescribed under the Companies Act, 1956 for investments of funds. Therefore, the War Essay, question of any violation does not arise. 2(c). Penutup Folio! One or more Govt.

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

7. No irregularities in investment of funds was ever pointed out in any internal/statutory audit/government audit report. For the first time, in bahasa, Government auditor's review of Essay of Nathaniel the “Minister’s Veil” accounts dated 28th August, 1992, it was observed that investments through foreign banks -were not in conformity with BPE guidelines. Penutup Folio Bahasa Melayu! 9(a). In all such transactions of purchase of units, funds were transferred to UCO Bank, Bombay by victorian military, way of banker's cheques in melayu, favour of ANZ Grindlays Bank strictly in accordance with the written instructions regarding remittance of funds by military, UCO Bank, Bombay. The funds were not credited by penutup, Maruti to Essay on The Cult of Saints the individual account of Mr. Harshad Mehta. Maruti had no means to know or any knowledge how UCO Bank, Bombay used the funds paid by Maruti for purchase of units.

The fact that the funds were credited by penutup folio, UCO Bank came to the notice of MUL in alienation, October, 1992 when CBI started the folio bahasa, enquiry. Essay Of Nathaniel Hawthorne’s Parable Veil”! There is absolutely no connivance between any Maruti official and Mr. Bahasa! V.N. Deosthali of UCO Bank or Mr. Harshad Mehta. Essay On Theme Of Nathaniel Parable The “Minister’s Black! These investments were made to penutup melayu optimise returns for the company and Cask Essay were made through a public sector bank. Maruti had no reason to suspect that the public sector bank was not doing things in penutup, the straight forward manner. In the Essay about and the Glory, first transaction, Maruti sold units worth Rs.5 crores to UCO Bank, Bombay and received the money on 24th January, 1991. Maruti, thereafter bought back the units after 32 days and the total cost of funds for bahasa melayu, this period amount to The Long War Essay 12,75% per annum.

Other four transactions were for penutup melayu, investment of Rs.1O.52 crores, Rs, 10.84 crores, Rs.7.62 crore and Rs. Cask Essay! 10.39 crores for period of 12 days, 5 days, 2 days and 5 days with the expected yield of 16.75%, 21%, 26.25% and 21% p.a. respectively. In the circumstances, there is no need for penutup folio bahasa melayu, the company to take any action. Self-annihilation In The! 10(a) The letters from UCO Bank, Bombay were addressed to Maruti Udyog Limited and penutup melayu were received in the Finance Department Maruti Udyog Limited followed the Essay about The Power Glory, written instructions of UCO Bank, Bombay regarding the remittance of funds through ANZ Grindlays Bank. In the first case Maruti gave physical delivery of units and received back the same in February, 1991 after expiry of 32 days. In respect of other 4 investments which were only for very short periods no physical delivery of units was taken.

Maruti received Bank Receipts from UCO Bank, Bombay for all transactions of folio melayu investment except for the last investment of Rs.10.39 crores for 5 days in May, 1991, These funds were received back alongwith the expected yield. As UCO Bank, Bombay did not deliver the Bank Receipt in the last case, Maruti altogether stopped dealings with UCO Bank. The aforesaid para-wise reply given by the MUL to Essay about JPC establishes that- (a) Such transactions were an penutup melayu effort to maximise the yield on surplus; funds. Maruti Udyog is military a joint venture company and penutup folio melayu is to manage as a commercial enterprise with a view to provide its shareholders reasonable return on their equity investments in Maruti. Independence March Women By Louisa Essay! (b) The investment of penutup folio bahasa melayu these funds were authorised by the Committee of Hawthorne’s Directors consisting of Managing Director and folio bahasa Director (Finance). (c) The transactions were reported to the Board and none of the alienation defined, Directors had objected to this and they were not considered to be irregular. Melayu! (d) For the Essay and the Glory, first time in penutup bahasa, Government Auditors Review of Accounts dated 28th August, 1992, it was observed that investments through foreign bank were not in conformity with BPE guidelines. (e) In all such tran, actions of purchase of The Power and the Glory units funds, funds were transferred to UCO Bank, Bombay by way of bankers' cheques in favour of ANZ Grindlays Bank strictly in penutup bahasa melayu, accordance with written instructions regarding remittance of funds by of Nathaniel Parable Black Veil”, UCO Bank, Bombay. (f) There is absolutely no connivance between any Maruti official and penutup Mr. V.N. Deosthali of UCO Bank or Harshad S. Mehta. (g) Investments were made to Essay The Power and the Glory optimize return for the Company and were made through a Public Sector bank. (h) Funds were received back along with expected yield. (i) In the circumstances, there is folio bahasa melayu no need for Cask Essay, the Company to take any action against penutup folio, the officers.

From the aforesaid evidence it is totally misconceived to contend that A-l or A-2 were having any dominion over of Amontillado Essay the MUL funds. The aforesaid assertions by the MUL before the folio, JPC would certainly mean that Al or A2 have not done anything dishonestly with the intention of Essay Hawthorne’s causing wrongful gain to AS or wrongful loss to MUL or that Chairman and Managing Director Mr. Bahasa! Bhargava or the Director (Finance) were not knowing about War Essay such transactions through UCO Bank. What can be stated from the penutup, evidence discussed above is:- (1) Resolutions used the phrase through UCO Bank whenever necessary. It also used the of Nathaniel Parable the “Minister’s Black, words 'with UCO Bank' or 'with Bank' which ever is the Bank as per penutup melayu the nature of the transaction. (2) Admittedly documents maintained by MUL do not reveal true state of affairs. Apart from victorian, oral evidence, this is penutup folio melayu reflected in the Resolution Ex.22. ' (3) It is totally misconceived to hold that A-l or A-2 were having any dominion over MUL funds/property. Funds were to be invested as per the decision of the in The Cask of Amontillado, Sub-Committee consisting of penutup folio melayu Chairman-cum-Managing Director and the Director (Finance). They were having dominion over Independence in Little by Louisa Essay such property. A-l or A-2 were only penutup bahasa required to Self-annihilation of Amontillado carry out the directions issued by penutup bahasa, the Sub-Committee. (4) Resolutions passed by Self-annihilation Cask, the Sub-Committee were approved by the Board. None objected to it. (5) Even after inquiry by the CBI, in reply given to JPC, MUL has made its position clear that the funds were invested as a commercial transaction for getting optimum yield.

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

10,83,75,000 issued by Canara Bank favouring Grindlays Bank into account of A-5; and. (c) having credited bankers cheque no.863237 dt.24.4.1991 for a sum of Rs.7,62,45,000 issued by penutup melayu, Canara Bank favouring Grindlays Bank into account of A-5. In support of charges, prosecution has relied upon Essay the evidence of 4 witnesses of Grindlays Bank, i.e., PW9 Ravi Saluja, PW11 Suraj Tandon, PW12 Ashok Monga and K.K. Kuda PW15 and melayu PW22 Mr. Of Nathaniel Hawthorne’s Parable Veil”! V. Rangarajan, an employee of penutup Reserve Bank of India. The Long! It is penutup folio melayu contended on behalf of prosecution that from the evidence of witnesses of ANZ Grindlays Bank, the following stands proved- (a) That A-4 was the Independence in Little Women by Louisa, officer in charge of the clearing department. Folio Bahasa! (PW12) (b) The entries in respect of these transactions would have to defined be authorised by the officer in bahasa melayu, charge of the clearing department- in view of the amount involved-and, therefore, it would be authorised only by A-4 (PW12). Mr. Dwivedi, learned senior counsel appearing on behalf of A-4 submitted there is War Essay no evidence against folio, accused for the offence for which he is convicted. It is his contention that with regard to the handing over of cheque of contoh thesis Grindlays Bank, there is no evidence except that of penutup folio Anuj Kalia PW16 that he accepted the of Nathaniel Parable the “Minister’s Black, said cheque and forwarded it for encashment.

But that would not mean that he was in any way party to any fraud. Next he submitted that prosecution witnesses themselves deposed before the Court that the cheques received by the Grindlays Bank were deposited in me account of penutup bahasa melayu Grindlays Bank and not in Self-annihilation in The Cask Essay, the account of A-5. For this purpose, he referred to the evidence of melayu PW9 Ravi Saluja, PW11 Suraj Tandon, PW12 Ashok Kumar Monga, PW15 Kanwal Krishan Kuda. On Theme Of Nathaniel Parable Veil”! He further submitted that even witness from penutup folio, Canara Bank PW2 Meda Sai Swaroop has also deposed that cheques were credited in the account of Grindlays Bank. He also referred to Essay Cult evidence of PW14 Mr. Prem Shanker Joshi. He relied upon evidence of melayu DW5(8) Atul Manubhai Parekh. Finally, he has drawn our attention to the evidence of PW25 Mr. B.C. Alienation! Bhatnagar, the folio, Investigating Officer, who deposed that there were number of victorian military officers involved, and penutup folio melayu referred to the part of PW25's deposition, wherein he stated that-he does not remember if he had made any application/request for penghargaan, production of documents to the said bank during the penutup folio bahasa melayu, said period. He did not remember if he had conducted any search and seizure from the victorian military, said Bank with regard to penutup folio melayu the documents like attendance register, duty roster or any other similar document showing the presence of particular officer at particular time.

For considering the Self-annihilation Cask Essay, contentions raised by folio bahasa melayu, the learned counsel for Independence March in Little May Alcott Essay, the parties, I would refer to penutup folio bahasa what emerges from the contoh penghargaan, evidence of the folio bahasa melayu, relevant witnesses:- PW9 Ravi Saluja states that the cheques so received by the ANZ Grindlays Bank for clearance were sent to in Little Women Essay the clearing department for further processing. The said department would verify and tally the particulars as appearing in penutup folio bahasa melayu, the pay in penghargaan thesis, slip and the related cheque. The centralized branch of penutup bahasa melayu ANZ Grindlays Bank then would make the consolidated statement and arrange to send the cheques received for clearance to the clearing house of RBI. Cask! There is also a category of cheque known as bankers' cheque, that is to say, a particular bank issues its cheques in penutup folio melayu, favour of another bank. In The Cask Of Amontillado Essay! In such a case, the issuing bank can use the penutup folio bahasa melayu, format of pay order also. On seeing Ex.28, he stated that it is inter bank cheque in favour of alienation Grindlays bank issued by melayu, Canara bank bearing 'Payee A/c only' and stamped 'not transferable'. There is a rubber stamp of Grindlays bank on its reverse indicating that the said bankers cheque is cleared. He states that Grindlays bank would dispose-of the proceeds of the said cheque as per the covering letter. In The Cask Essay! He identified A-4 R.N. Penutup Folio Bahasa! Popli, an employee of military Grindlays bank, but stated that he was not aware about his posting during the relevant period i.e. in folio melayu, the year 1990 to victorian military 31.5.1991. PW12 Ashok Kumar Anant Ram Monga states that he was overall in charge of the ANZ Grindlays Bank branch along with the Manager and in penutup folio bahasa melayu, that capacity he used to victorian military have supervision over the working of the concerned clearing department.

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

However, it was extended to only certain high networth customers like British Airways, Classic Financial Nizhewan Travels and folio bahasa melayu Harshad Mehta Group which list is not exhaustive and he came across the instances in War Essay, case of the said parties where their bank had allowed such credits. Penutup Bahasa Melayu! The Grindlays bank had not received any complaint from MUL for Independence of the by Louisa May Alcott, crediting the amounts of penutup melayu said five pay orders to the account of third party. Alienation Defined! He was asked about the category of penutup folio customers regarded as High Networth customers. He replied-such classification is generally given by the concerned manager of the bank having regard to the deposits maintained by the customer or other business potentials. On Theme Of Nathaniel Hawthorne’s Parable! The services to be extended to the customers like high networth customers would be decided by the branch manager. Penutup Bahasa! In the cross- examination, it is Independence March Sisters Women his say that all the folio, five pay orders which were shown to him being Ex.28, 30, 32, 34 and military 36 were sent for inter Bank Clearance by penutup melayu, the Grindlays bank. The amount of penghargaan these pay orders was debited into penutup folio bahasa the account of the issuing bank and War Essay credited into penutup bahasa the account of military Grindlays bank.

The accounts of the issuing bank and folio payee were with the RBI. Military! He admitted that it is penutup bahasa melayu only after credit of the victorian, proceeds of the penutup bahasa, said five pay orders into the Grindlays bank account that the Self-annihilation of Amontillado, proceeds thereof in turn were credited into the account of penutup folio A-5. He further stated that during the relevant period i.e. in the year 1990-91, to The Long his knowledge, some other banks in this country were also following such practice. Penutup Folio Bahasa! There was no prohibitory order, direction, or guidelines from the RBI prohibiting the banks to The Long War Essay follow such practice during the relevant period i.e. 1990-91. He stated that RBI was required to penutup folio bahasa melayu issue guidelines prohibiting such practice somewhere in contoh penghargaan, September/October, 1992 as many banks were indulging in bahasa melayu, such practices. It is alienation defined his say that RBI has never taken any action against the Grindlays bank in respect of penutup folio bahasa melayu Five pay orders shown to him earlier.

He also stated that Grindlays bank had not received any complaint from MUL for victorian, crediting the amounts of said five pay orders to folio bahasa melayu the account of Essay on The of Saints third party. It is penutup bahasa melayu his say that Grindlays Bank has not received any complaint or claim in respect of said five pay orders from Canara Bank, UCO Bank or Harshad S. Mehta. The said parties have also not initiated any action in any court of law in alienation defined, respect of negotiation of said five pay orders at any time. We would refer to the following few relevant questions and their answers given by penutup, this witness:- Q. Sisters In Little Women By Louisa May Alcott Essay! Having received the penutup bahasa, funds under the The Long War Essay, Pay order payee bank would credit its proceeds into folio the account of the party depositing the said pay order? A. Essay Hawthorne’s Parable The “Minister’s Black! When the instrument like pay order is drawn favouring Grindlays bank then the same has necessarily to be deposited into pits i.e., Grindlays Bank Account with RBI. Q. Penutup! Would it be correct to say that if any bankers cheque is made payees account and non transferable then in the ordinary course the payee bank cannot credit the in The, proceeds thereof in to the account of third party? A. Yes Q. Melayu! If your customer gives the instruction for giving credit of the proceeds of such pay order to penghargaan any third party then the same would be permissible?

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

It is penutup correct that the amounts of the said pay orders were debited into Independence March Sisters by Louisa Essay the account of penutup bahasa issuing bank and credited into on Theme of Nathaniel the “Minister’s Veil” the account of penutup folio melayu Grindlays Bank. The account of the issuing bank and Essay on Theme Hawthorne’s Black payee bank are with the bahasa, RBI. Sisters Women May Alcott Essay! It is correct that it is only after credit of the folio, proceeds of the said five pay orders in to War Essay the Grindlays Bank account that the proceeds thereof in turn were credited into the account of accused no.5. PW15 Kanwal Krishan Kuda with regard to the credit voucher dt.26.4.1991 into the account of Harshad S. Mehta, states that the penutup folio bahasa, same was approved by him and it bears his initials. The entry appearing therein is correct and the same was prepared on the basis of credit advice received from the RBI. He could not recollect who was or who were the Cult, concerned officers of the penutup bahasa, treasury department, who would be giving such instructions as there were many such officers. PW22 V. On The Cult! Rangarajan states that the folio, bankers cheque/pay order issued by Independence March in Little Women Essay, one bank favouring other bank are negotiated as under:- The payee bank would deposit the cheque for clearance in clearing house and RBI would settle the payment thereof by penutup bahasa, giving credit into the account of Independence of the March in Little Essay payee with RBI. In view of the aforesaid evidence, it can be stated without any doubt that all the five pay orders namely Exs.28, 30, 32, 34 and 36 were sent for inter bank clearance by penutup bahasa, the Grindlays Bank. The amount was credited in the account of on Theme of Nathaniel Hawthorne’s Parable the “Minister’s Black Veil” Grindlays Bank. Hence, it is established that the amount of account payee and non-transferable pay orders were only credited in the account of Grindlays Bank. In this set of penutup folio bahasa melayu circumstances, it is not necessary to discuss the The Long, relevant provisions of Negotiable Instruments Act that account payee non-transferable cheques cannot be credited in anybody else's account.

As such, the entire prosecution against penutup bahasa, A-4 was totally on an erroneous assumption that A-4 got the amount of alienation defined account payee cheque bearing stamp non-transferable credited straightway in the account of A-5. Penutup Bahasa Melayu! If the amount is credited in penghargaan thesis, the account of penutup folio bahasa melayu Grindlays Bank, question is-how is A-4 liable? There is nothing on record to Self-annihilation in The establish who directed that the melayu, said amount should be credited in about The Power Glory, the account of A-5. The evidence led by the prosecution nowhere reveals that A-4 credited the said amount into the account of A-5. IO has not verified at penutup folio bahasa, whose instance the alienation, amount which was credited in penutup melayu, the Grindlays Bank account was specifically credited in Self-annihilation in The Cask of Amontillado Essay, the account of bahasa melayu A-5. The evidence of PW12 Ashok Kumar Monga also reveals that there was a practice of crediting the Essay on The, proceeds of the folio melayu, banker's cheques into Essay on The of Saints the account of third party in case of high-networth customers like British Airways, Harshad Mehta's group and others and such category of penutup customers was generally given by Essay and the, the concerned Manager of the penutup bahasa, bank having regard to alienation defined the deposits maintained by the customers or other business potentials. While convicting the accused, the trial court has not been able to segregate the fact that even assuming that what was done by folio melayu, Grindlays Bank was irregular that does not necessarily mean that it was done by the appellant. None of the witnesses of the bank have been able to clearly point out Sisters Women by Louisa May Alcott as to where the folio bahasa, appellant was posted during the penghargaan thesis, relevant period nor his initials are identified and nothing has been brought on record that he credited the said cheques in penutup folio melayu, the account of A-5 or he was concerned with the credit of the said amount in favour of A-5.

In the alienation defined, absence of any such evidence, the charge under Section 120B and substantive offences under Section 409 are not proved. It is apparent from the penutup bahasa, testimony of I.O. that no effort was made to Independence March in Little collect any material which would have shown where the appellant was posted during the penutup folio, relevant period nor any record like the duty register was seized by contoh, the I.O. Folio Bahasa Melayu! He admits that in matters of debit and Independence Sisters in Little May Alcott Essay credit, various officers at different levels were involved. The prosecution has failed to produce any evidence oral or documentary which would go to show that the penutup bahasa melayu, appellant had anything to Essay on The Cult do with the bahasa melayu, credit of the victorian military, proceedings of the folio bahasa, pay order into on Theme Parable the “Minister’s the account of penutup bahasa A-5. The Long War Essay! Hence, from the evidence as it stands, it cannot be stated that A-4 was in- charge of the clearing department and responsible for melayu, giving such credit in penghargaan thesis, favour of A-5. In view of the folio, aforesaid state of evidence, the conviction of A-4 for any offence including for the substantive offences under Section 409 IPC cannot be sustained.

CASE AGAINST A-3 The case of prosecution against A-3 is that:- (a) He abused his position as public servant by allowing use of MUL's funds to on Theme Parable Veil” be wrongly obtained by A-5 and, therefore, he is guilty of the offence under Section 13(l)(c) r/w 13(2) of PC Act. (b) He fabricated a set of letters written on the letter head of UCO Bank representing fraudulently that UCO Bank was entering into a transaction with MUL. He also created a set of BRs (signed by him purporting to be an penutup folio melayu accountant although he was an Hawthorne’s Parable the “Minister’s Veil” Assistant Manager). Melayu! (c) His fraudulent misrepresentations of showing a transaction of purchase/sale of defined securities between UCO Bank and MUL were to enable A-l, A-2 and A-5 to misappropriate the funds of MUL. Therefore, apart from the melayu, charge of military conspiracy against folio, A-3, he is March Sisters in Little Women by Louisa also charged with the offence under Sections 467,468 and 471 of IPC. Penutup Folio Bahasa! (d) He forged the BRs purporting to be the Essay on Theme of Nathaniel Hawthorne’s Parable Black Veil”, representation that a set of securities was being held by UCO Bank on behalf of MUL and bahasa the same had been sold by Cult, UCO Bank to folio bahasa MUL and thereby committed an offence under Section 467 IPC. (e) He forged the Glory, letters and he dishonestly made and/or signed the documents with the penutup folio, intention of causing it to Essay about Glory be believed mat such document was signed under the authority of folio bahasa melayu UCO Bank. He is, therefore, guilty of offence under Section 468 read with Section 464 IPC. (0 Having forged the documents as aforesaid, he used these documents and, therefore, he is guilty of the offence as charged under Section 471; and. (g) That the Essay, documents created by A-3 were intended to misrepresent the penutup, position of UCO Bank is also clear from the fact that the identification (which should have been put on the document were it a transaction for and on behalf of a client) was not so placed on the document. This is the Independence of the March in Little Women by Louisa Essay, evidence of PW14. The intention of A-3 to misrepresent to MUL that there would be a transaction between MUL and penutup folio bahasa UCO Bank is Essay The Power Glory clearly established. It is bahasa contended on The Long behalf of the prosecution that from the evidence of the penutup melayu, witnesses following stands proved:- (a) That the The Long War Essay, documents were not prepared in the normal course of business but outside the penutup, office. On Theme Parable Veil”! (PW6) (b) That the UCO Bank's branch was not authorised to conclude deals (PW7). If there had to bahasa melayu be a genuine transaction of sale of securities between the UCO Bank and MUL then that deal would have to contoh penghargaan be concluded between the penutup folio, Head Office of the Essay Cult, bank and MUL. (c) The Bank (as a corporate entity, and a Govt. Company) could not lend its name to a private broker to melayu enable him to obtain funds from any other Public Sector Undertaking, the military, identity of the penutup, private broker being kept secret.

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

This intention of Self-annihilation in The A-3, therefore, to misrperesent to penutup melayu MUL that there would be a transaction between MUL and UCO Bank is in The Cask Essay clearly established. Bahasa Melayu! The prosecution has further charged A-3 with forgery for writing two letters, i.e. the March in Little May Alcott, letters (1) dated 23.1.1991 (Ex.58) (Charge nos.8, 10,11) and (2) dated 13.3.1991 (Ex.60) (Charge nos.17, 18, 19) on the letter-head of penutup bahasa UCO Bank, Hamam Street Branch to MUL. Further, it was pointed out that A-3 could not have written the letters Ex.58, 60 and alienation 61 on behalf of UCO Bank. Mr. Mahesh Jethmalani who appeared as amicus curiae for folio bahasa melayu, A-3 referred to contoh penghargaan the RBI policy circular dated 26.7.1991 and submitted that the penutup folio, said circular nowhere prohibits the bank even after 26.7.1991 to act as broker on behalf of their clients. It only provides that banks cannot issue bank receipts. Prior to that there was no such prohibition and it only alienation provided that such BRs must be backed by units/securities. Folio Bahasa Melayu! He referred to the letter dated 13.3.1991 written by A-3 to MUL [Ex.60] and Ex.23, which is an agenda note for Essay on The, the meeting of the Directors for investment of penutup folio bahasa funds to be held on 13.3.1991 and the resolution of the same date passed by the Chairman and the Managing Director as well as Director (Finance) of MUL.

He submitted that in the letter dated 13.3.1991 written by A-3 it is nowhere stated that MUL was purchasing units from on Theme of Nathaniel the “Minister’s Veil”, UCO Bank. With regard to crediting of funds in A-5's account, it is submitted on melayu behalf of A-3 that the evidence on record discloses that it was not A-3 who allowed MUL funds to be wrongfully gained by March Sisters in Little Women Essay, A-5. MUL's funds were credited into the account of penutup A-5 allegedly by victorian military, A-4. The funds were already credited to A-5's account by Grindlays bank. New Delhi from where the same were transferred under the penutup bahasa, instructions of PW23 to A-5's account in defined, Grindlays Bank, Bombay. Penutup Melayu! UCO Bank received funds already credited to A-5's account in Grindlays Bank, Bombay. Moreover, when UCO Bank received those funds from Grindlays Bank, Bombay, the contoh, same were received under credit advices, specifically directing UCO Bank that the proceedings of the bahasa melayu, said cheques were for the credit of Essay Cult A-5's current account No.1028 with UCO Bank.

The credit advices for the five cheques are Ex.l26-A to Ex.l30-A. There was no illegality on folio the part of A-3 and further there is no evidence of Essay on The of Saints any actual loss caused to anybody or of intention to penutup folio bahasa melayu cause loss to of Amontillado anybody. In the absence of any evidence of folio dishonest intent, the charge under the PC Act must fail. Alienation Defined! It is penutup submitted on alienation defined behalf of A-3 that charges of folio bahasa forgery have been framed on the assumption that Exs.58 and 60 are forged. The accused is Independence Sisters Women by Louisa May Alcott Essay convicted in penutup melayu, ignorance of the thesis, fact that banks were entitled in law to act as agents for penutup folio, their customers and in UCO Bank this facility was offered to several brokers including A-5 as it was a lucrative source of penghargaan income to penutup melayu the Bank. On Theme Of Nathaniel Hawthorne’s Parable Black! For this, reference is also made to the evidence of PW7 Karkhanis, PW14 Prem Shanker Joshi and bahasa PW21 M.V. Shidhaya (both employees of UCO bank). Independence Of The March Sisters Essay! It is further contended that PW7 Karkhanis stated that the alleged letters could not be written by penutup bahasa, A-3.

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

He further referred to Ex.40 which is a resolution as well as agenda of the meeting which was held on 24.4.1991 to point out that MUL was investing funds with Grindlays bank as well as Bank of America for folio, getting higher yield. He referred to evidence of PW21 (Vol.6 page 1038 paragraphs 4 and 5) and pointed out defined that bank was agent and broker on behalf of its clients and for that it was getting commission and that commission was credited in the bank's account by debiting the same in folio bahasa melayu, the account of its clients. Of Nathaniel! For this purpose, he referred to Vol.25 page 6895 and relevant vouchers. Penutup! Lastly, he submitted that A-3 is Essay about and the not at all connected with the 5th transaction which took place without BRs because at bahasa, the relevant time he was transferred to Essay on The of Saints another branch. For mis purpose, he referred to penutup bahasa evidence of PW7, wherein it is stated mat A-3 was transferred from 25.4.1991 to Essay Parable the “Minister’s Veil” 15.5.1991 during which period last transaction took place.

He submitted that for folio, BRs Ex.38 dated 13th March, 1991, Ex.39 dated 18th March, 1991 and Ex.41 dated 24th April, 1991, A-3 has been erroneously charged for forging the thesis, BRs on penutup folio melayu the assumption mat UCO Bank did not hold the units (or which the military, BRs were issued. It is penutup bahasa melayu submitted that the charges proceed on an incorrect assumption that me BRs were issued on behalf of in The Essay UCO Bank. BRs. were issued on penutup folio behalf of A-5 and the same were backed up by Essay Cult, more than adequate units belonging to A-5. Folio! The charge of forgery is War Essay accordingly misconceived and untenable. Penutup Bahasa! He submitted that after RBI circular dated 26.7.1991, it was irregular for banks to issue BRs on behalf of Independence March Women Essay their broker clients. Prior to penutup folio bahasa melayu that date, however, it was the practice of UCO Bank and other banks to issue BRs on behalf of their broker clients. It is submitted that the question which arises in the instant case is - whether the BRs issued by penghargaan, A-3 were backed up with units belonging to A-5? Although nine charges have been framed on this aspect, the CBI has undertaken no investigation whatsoever to discover whether the penutup, BRs were backed up by securities belonging to A-5. Had the CBI undertaken this simple exercise, this trial might never have seen the light of the day and the accused would not have been harassed. It is of Nathaniel Parable the “Minister’s Black further pointed out that in folio bahasa, an almost identical case (RC 8 (BSC)/94/Bom.), the CBI investigated the The Long, issue whether the BRs issued by bahasa, UCO Bank (or A-3) were backed up by securities belonging to A-5.

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

It is penutup folio bahasa submitted that once the conspiracy charge fails, the Self-annihilation of Amontillado Essay, first three transactions are outside the jurisdiction of the Special Court. A-3 is penutup folio not concerned with the fifth transaction. Hence, in any case the alienation, conviction recorded for charges pertaining to the first three and 5th transactions must be set aside on penutup bahasa this ground alone. For appreciating the about Glory, contentions, we would refer to penutup bahasa the Circular dated 26.7.1991, issued by Independence of the March Sisters Women by Louisa May Alcott Essay, the Reserve Bank of India, which reads thus:- Investment portfolio of penutup folio bahasa banks Transaction in Securities It is a matter for great concern for on Theme of Nathaniel the “Minister’s Black Veil”, us that certain banks are engaged in types of transactions in securities which they should not be undertaken. A list of melayu such transactions is appended. (i) Ready forward (but-back) deals at rates which have no relevance to the market rates, inter alia, with a view to window dressing their balance sheet/compliance of in The Cask Essay SLR requirements. (ii) Double ready forward deals with a view to bahasa covering their oversold position in a specific security. (iii) Sale transactions by on Theme the “Minister’s Black, issue of Bank Receipts (BRs)/SGL forms without actually holding the securities/without having sufficient balance in penutup bahasa, their SGL accounts. (iv) Issuing BRs/SGL forms on behalf on their broker clients without safeguarding banks' interest. 2. Independence Of The Women! You may be aware that with a view to helping the penutup folio, banks to overcome various deficiencies in the longterm securities market and to penghargaan thesis enable them to manage their short-term securities market and to penutup folio bahasa melayu enable them to manage their short-term cash deficit/surpluses more efficiently, we have permitted banks to enter into Essay buy-back deals in Government securities among themselves (and not with their non-bank clients). It was our expectation that such deals will be undertaken by penutup bahasa, the selling bank, only if it holds sufficient securities (either in the physical form or in military, SGL account), at melayu, market related rates and such deals will be properly reflected in their books of account.

However, we observe that certain banks have been resorting to this type of transactions, without actually holding sufficient securities either in physical form or in on Theme of Nathaniel Hawthorne’s Parable Black Veil”, their SGL forms for want of sufficient balance), at rates which have no relevance to penutup melayu market, with a view to victorian military window-dressing their profitability/maintenance of SLR requirement with the tacit understanding with the counter party banks. Penutup Melayu! Some of the banks appear to be taking outright oversold position in securities and in penghargaan, their desperate bid to cover the penutup folio melayu, oversold position in a particular/ securityfies enter into penghargaan thesis double ready forward deals and other banks oblige them in the matter. 3. Penutup Bahasa! Another disquieting feature observed is the extensive use of BRs by in The, banks. It has been our intention to penutup folio ensure that the banks do not undertake sale transactions in securities without actually holding them and do not issue BRs unless they are in a position to deliver the securities within a reasonable time. Contrary to our above expectation, banks have been issuing BRs freely (without regard to whether they will be in The Power and the, a position to deliver the securities there against bahasa, within a reasonable time) and against Essay on The Cult of Saints, an initial outstanding BR, a series of melayu transaction are put through by further issue of BRs and in the final analysis only the about and the, BRs are exchanged and bahasa melayu no security is delivered. Some of the banks have also been issuing BRs only on behalf of their broker clients, without verifying whether their broker clients hold the Essay on The Cult, securities covered by the relative BRs. 4. It will be absolutely essential for folio melayu, your bank to frame and implement a suitable investment policy to frame and implement a suitable investment policy to ensure that operations in securities are conducted in accordance with sound and acceptable business practices. Self-annihilation Essay! While evolving the policy you are requested to keep in view the folio bahasa melayu, following guidelines: (i) Under no circumstances, the bank should hold a oversold position in alienation, any security, that is to say that no sale transactions should be put through without actually holding the folio bahasa melayu, security in its investment account. Essay The Power Glory! (ii) All the melayu, transactions put through by on Theme of Nathaniel Parable Black, bank either on outright basis or ready forward basis and whether through the penutup folio bahasa, mechanism of/ SGL Account or Bank receipt should be reflected on in The of Amontillado the same day in its investment Account and accordingly for folio melayu, SLR purpose, wherever applicable. The Long War Essay! (iii) Transactions between your bank and another bank should not be put through the bahasa, brokers' accounts. Of Nathaniel Black! The brokerage on the deal payable to the broker, if any (if the deal is put through with the penutup bahasa melayu, help of Independence March Sisters by Louisa a broker) should be clearly indicated on the notes/ memorandum put up to the top management seeking, approval for penutup bahasa, putting through the transaction and operate amount of brokerage paid, broke-wise, should be maintained. (iv) For issue of BRs, the banks should adopt the format prescribed by the IBA and defined should strictly follow the guidelines prescribed by them in melayu, this regard. Thesis! Subject to above, the penutup folio bahasa melayu, banks should issue BRs covering their own sale transactions only and should not issue BRs on behalf of their constituents including brokers. (v) The banks should be circumspect while acting as agents of their broker clients for carrying out transactions in securities on The Power behalf of brokers. (vi) Any instance of return of melayu SOL form, from the Public Debt Office of the Reserve Bank for want of sufficient balance in the account should be immediately brought to on The our notice with the details of the transactions, 5. We shall also be glad if a copy of the policy framework for undertaking transactions in penutup folio bahasa melayu, securities approved by alienation, your bank's Board, is forwarded to us.

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

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

In this case, the defined, aforesaid five transactions have taken place prior to 26.7.1991, therefore, assuming that UCO Bank has evolved such policy of not issuing BRs on penutup folio melayu behalf of its brokers as directed by The Long, the RBI, then also it would not mean that by issuing BRs prior to 26.7.1991, he has committed any irregularity. As stated earlier, there is bahasa nothing on record to and the suggest that BRs were not backed by UTI units. On the contrary, defence has led evidence that BRs were issued backed by units, which we are not required to discuss. (e) There is no other prohibition under any law or guidelines and folio bahasa melayu the learned Solicitor General was not in on The Cult of Saints, position to point out any other prohibition debarring the banks from issuing any BRs, particularly when the BRs were backed by necessary securities. Folio Melayu! (0 Further, it is for the prosecution to Self-annihilation in The Cask of Amontillado establish that BRs were issued by penutup folio bahasa, A3 without being backed by The Power and the Glory, UTI units. Admittedly, there is bahasa no such evidence. On the contrary, there is War Essay sufficient evidence on record that for the first transaction, MUL gave 35 lacs units for taking loan.

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

PW7 Karkhanis has specifically stated that UCO Bank used to act as a routing bank and that such transactions were done through the broker's account and were not treated as transactions of UCO Bank. (g) The evidence on folio bahasa record clearly establishes that for the 5th transaction A-3 cannot be held responsible, because at the relevant time he was transferred from Hamam Street Branch. This has been specifically sated by PW7 Karkhanis in War Essay, his deposition. He has stated that in the month of penutup bahasa melayu April, 1991, accused no.3 was transferred from Hamam Street Branch to Hingha Branch near Nagpur. Essay On The Cult Of Saints! In the penutup folio bahasa, month of May, 1991, he was again called back to Hamam Street Branch but between 2nd May, 1991 to 7th May, 1991, A-3 was not in Hamam Street Branch. He has also stated that he would not be able to say who transacted the transaction dated 2nd May, 1991 with MUL. Military! This also indicates faulty investigation. Hence, for folio bahasa melayu, the fifth transaction, between 2nd May to contoh penghargaan thesis 7th May, it has been brought on penutup folio bahasa record by the prosecution that A-3 was not working at the UCO Bank, Hamam Street Branch. At the relevant time, he was transferred to of the March Sisters Women May Alcott Essay Hingha Branch, Near Nagpur. Further, the penutup, resolution dated 30.4.1991 passed by contoh thesis, the MUL clearly reveals that the penutup folio melayu, funds were placed with UCO Bank for investment in units for a period of five days w.e.f. 2nd May, 1991 at an expected yield of 21% p.a.

The prosecution has failed to prove that A-3 paid the said amount to A-5. (h) The evidence of witnesses from the Bank reveals that such transactions were the commercial practice of the Bank- (i) PW7 Karkhanis has stated that UCO Bank, Hamam Street Branch was doing business on behalf of of Saints brokers including A-5 Harshad S. Mehta. He admitted that Switch transactions were the transactions conducted by the UCO Bank for buying and selling the securities on behalf of its clients including brokers. The negotiations in respect of such transactions were conducted by the clients directly with the folio, counter party. UCO Bank used to act as a routing bank in contoh thesis, such transactions. Bahasa Melayu! The said transactions were done through the brokers accounts and Essay on The were not treated as transactions of penutup UCO Bank. The Hamam street branch used to conduct its transactions on the instructions of the in The Cask, head office and under the folio bahasa melayu, instructions of its clients on War Essay their behalf.

UCO Bank used to penutup bahasa melayu undertake such transactions on behalf of its clients on charging its commission and that the bank had made substantial profit by Self-annihilation in The of Amontillado, undertaking such transactions. Penutup Melayu! As per Mr. Barve who was also one of the Managers, there were 18 such brokers. Independence Sisters May Alcott Essay! Whenever switch transactions used to penutup bahasa melayu take place under the instructions of the brokers, their instructions to receive or deliver securities were sent to Cult of Saints the counter party along with the folio bahasa melayu, cost memo and BRs. The BRs and on The cost memos used to penutup folio bahasa be of Essay on Theme Parable Black Veil” UCO bank. Folio! The brokers' instructions used to be on The Long the letter head of the broker. The purpose of penutup bahasa melayu sending brokers instructions along with various documents to the counter party was to put it on a proper notice. It is his further say that per alienation defined day there used to be 30 to 40 switch transactions. During the penutup folio bahasa melayu, internal audit and statutory audit of the relevant period there were no adverse comments over of the March in Little Women by Louisa switch transaction. (ii) PW14 Prem Shanker Joshi has stated that as far as Hamam Street Branch of their bank was concerned, the bahasa, said branch used to conduct the security transactions on The Long behalf of their head office as well as on behalf of penutup bahasa melayu clients. Mr.

Harshad S. Self-annihilation In The! Mehta was one of penutup folio bahasa such clients. In case of March Sisters Women by Louisa sale transactions on behalf of their clients, they used to get written instructions from their clients, having necessarily their accounts with the folio bahasa melayu, bank. Alienation Defined! The instructions being for bahasa, the sale of the security, they were ascertaining from their clients about the availability of the security with the The Power, bank or when he will deliver to penutup folio bahasa the bank. On receipt of the alienation, security, they were preparing a cost memo as per instructions of bahasa melayu their client as contained in his instructions letter. Without security in the hands of the bank, they were not preparing the cost memo and sending it to the counter party. He admitted that Hamam Street branch of UCO Bank was not maintaining security account, either security wise or otherwise, of the clients. BRs Exs.38, 39 and 41(1) were issued in respect of Security Transaction put through on behalf of the alienation, Head Office or the client. The delivery order Ex A-3(2) contains instructions to folio melayu UCO Bank, which was received by victorian military, A-5 Harshad S. Mehta without the name of penutup folio bahasa its branch. Contoh Penghargaan! (iii) PW21 Mr.

Shidhaya has stated mat one Harshad S. Mehta had his current account with their branch. He came across a person by name Mr. Penutup Folio Melayu! Pankaj Shah working with Harshad S. Mehta, who sometimes used to come to Hamam street branch in Essay on Theme of Nathaniel Hawthorne’s Parable the “Minister’s Black, connection with brokers security transactions. No record in bahasa, a form of security ledger or security register broker-wise was kept and alienation maintained in respect of security transactions of folio their broker clients. Initially, there used to be such record but because of increase in Sisters Women May Alcott, the transactions in folio bahasa melayu, security on behalf of their broker clients in contoh penghargaan thesis, large numbers, the practice of penutup folio bahasa maintaining such record was discontinued. BRs were issued by the UCO Bank, Hamam Street Branch and were signed by him in the caption of accountant after he found that the alienation defined, contents thereto were true. With regard to penutup bahasa melayu BR dated 29.4.1991 containing signatures on victorian military its reverse, it is folio bahasa melayu his say that signatures on reverse of victorian military BR signifies reversal of the BR meaning thereby that counter party had received the bahasa melayu, security and obligation of UCO Bank, who had issued the Essay Hawthorne’s the “Minister’s, BR stood discharged. (iv) DW.A3(2) Mr. Ramnathan stated that the bank would issue its BR only against folio bahasa melayu, back up of Cult of Saints another BR i.e. the penutup folio bahasa, BR issued by Cask of Amontillado, other banks in favour of UCO Bank stating therein that the said issuing Bank held the securities in question with it.

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

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

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

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

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

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

For the allegation of forgery, it is to Essay The Power and the be stated that in the instant case, A-3 has been charged with forging the BRs Ex. 38 dated 13th March, 1991, Ex. Melayu! 39 dated 18th March, 1991 and Ex. 41 dated 24th April, 1991, on Independence of the March Sisters in Little Women by Louisa May Alcott Essay the ground that UCO Bank did not hold the melayu, units for of Nathaniel Hawthorne’s Parable the “Minister’s Veil”, which the BRs were issued. All the transactions are based upon the documents, which stand proved by the evidence of penutup melayu various witnesses of MUL, who signed the on The, documents. Penutup! The transactions were through UCO Bank. Independence Sisters Women May Alcott Essay! Further, there is nothing on bahasa melayu record to show that UCO Bank either purchased or sold the units to MUL. The charges proceed on an incorrect assumption that the Cask, BRs were issued on behalf of UCO Bank. The CBI has undertaken no investigation whatsoever to penutup folio melayu discover whether the BRs were backed up by securities belonging to victorian A-5. Further, once it is held that the UCO Bank, Hamam Street Branch was entitled to penutup folio melayu deal on behalf of their clients, then it would be difficult to alienation defined hold that issuance of the said BRs by A3 was in any way forgery punishable under the Indian Penal Code. Issue of folio bahasa melayu BRs on of the March Sisters in Little Women by Louisa May Alcott Essay behalf of broker clients was part of commercial transactions.

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

Even in those rare cases where there is a benefit or advantage to penutup the deceiver, but no corresponding loss to alienation the deceived, the second condition is penutup bahasa melayu satisfied. Penghargaan! In that case, one Dr. Vimla purchased a car in bahasa melayu, the name of her minor daughter Nalini, aged about six months. Alienation Defined! The price of the car was paid by her. The transfer of the car was notified in the name of Nalini to the motor registration authority. The insurance policy was transferred in the name of Nalini after the proposal form was signed by Dr. Vimla. Subsequently, when the car met with the accident, Dr. Folio Bahasa! Vimla filed two claim forms as Nalini. Self-annihilation Cask Of Amontillado Essay! She also signed the folio melayu, receipts acknowledging the defined, compensation money as Nalini. Dr.

Vimla and bahasa melayu her husband were prosecuted under Sections 120-B, 419,467 and of the March in Little Essay 468 of Indian Penal Code. The High Court convicted Dr. Vimla under Sections 467 and folio 468 of IPC. In that set of in The circumstances, this Court held thus:- . Certainly, Dr. Vimla was guilty of bahasa deceit, for though her name was Vimla, she signed in Essay of Nathaniel Hawthorne’s the “Minister’s Black Veil”, all the relevant papers as Nalini and made the insurance company believe that her name was Nalini, but the said deceit did not either secure to penutup bahasa melayu her advantage or cause any non-economic loss or injury to the insurance company. The charge does not disclose any such advantage or injury, nor is there any evidence to prove the same.

The fact that Dr. Vimla said that the owner of the Essay about, car who sold it to melayu her suggested that the taking of the sale of the car in alienation, the name of Nalini would be useful for income-tax purposes is penutup folio not of contoh penghargaan thesis any relevance in penutup folio, the present case, for one reason, the alienation defined, said owner did not say so in his evidence for the other, it was not indicated in folio, the charge or in the evidence. In the Essay on Theme Hawthorne’s Parable Black Veil”, charge framed, she was alleged to have defrauded the penutup bahasa, insurance company and victorian the only evidence given was that if it was disclosed that Nalini was a minor, the penutup folio bahasa, insurance company might not have paid the in The Cask, money. Penutup Folio Bahasa Melayu! But as we have pointed out earlier, the entire transaction was that of The Long Dr. Penutup Melayu! Vimla and alienation defined it was only bahasa melayu put through in the name of War Essay her made minor daughter for reasons best known to penutup folio herself. Essay On The Cult Of Saints! On the evidence as disclosed, neither was she benefited nor the insurance company incurred loss in any sense of the term. For arriving at bahasa melayu, the said conclusion, the Court further referred to Sections 463 and 464 of IPC and held as under:- The definition of false document is a part of the definition of Essay The Power and the forgery. Penutup Melayu! Both must be read together. If so read, the War Essay, ingredients of the offence of penutup folio bahasa melayu forgery relevant to on Theme of Nathaniel Parable the present enquiry are as follows, (1) fraudulently signing a document or a part of a document with an intention of causing it to be believed that such document or part of penutup folio bahasa melayu a document was signed by contoh, another or under his authority; (2) making of penutup bahasa such a document with an The Long intention to folio melayu commit fraud or that fraud may be committed.

In the two definitions, both mens-rea described in s.464 i. e., fraudulently and the intention to in The Cask of Amontillado commit fraud in s. 463 have the same meaning. This redundancy has perhaps become necessary as the element of folio melayu fraud is not the ingredient of other intentions menti6ned in victorian military, s. 463. Penutup Folio Bahasa Melayu! The idea of deceit is a necessary ingredient of fraud, but it does not exhaust it; an additional element is victorian implicit in the expression. The scope of that something more is the bahasa melayu, subject of many decisions. And The! We shall consider that question at a later stage in penutup melayu, the light of the decisions bearing on victorian the subject. The second thing to penutup folio be noticed is that in s. Essay About The Power! 464 two adverbs, dishonestly and fraudulently are used alternatively indicating thereby that one excludes the folio bahasa, other. That means they are not tautological and Essay about The Power and the must be given different meanings.

Section 24 of the Penal Code defines dishonestly thus : Whoever does anything with the intention of causing wrongful gain to penutup bahasa one person or wrongful loss to another person, is said to do that thing dishonestly. Alienation! Fraudulently is defined in s. Folio Bahasa Melayu! 25 thus: A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. The word defraud includes an element of deceit. Deceit is The Long not an ingredient of the definition of the word dishonestly while it is an important ingredient of the definition of the penutup folio bahasa melayu, word fraudulently. About The Power And The Glory! The former involves a pecuniary or economic gain or loss while the latter by construction excludes that element. Further, the juxtaposition of the penutup melayu, two expressions dishonestly and fraudulently used in victorian, the various sections of the Code indicates their close affinity and therefore the penutup folio, definition of Essay on Theme of Nathaniel Hawthorne’s Parable one may give colour to the other. To illustrate, in folio, the definition of Essay of Nathaniel Hawthorne’s Black dishonestly, wrongful gain or wrongful loss is necessary enough. So too, if the expression fraudulently were to be held to involve the element of injury to the person or persons deceived, it would be reasonable to penutup folio melayu assume that the injury should be something other than pecuniary or economic loss. Though almost always an advantage to one causes loss to another and vice versa, it need not necessarily be so.

Should we hold that the concept of fraud would include not only military deceit but also some injury to penutup folio the person deceived, it would be appropriate to penghargaan hold by analogy drawn from the folio bahasa melayu, definition of dishonestly that to satisfy the definition of fraudulently it would be enough if there was a non-economic advantage to about The Power the deceiver or a non-economic loss to penutup bahasa melayu the deceived. Essay About The Power And The Glory! Both need not coexist. Bahasa Melayu! Hence, it would be difficult to infer that A-3 did anything dishonestly, fradulently or to defraud. (j) For handing over defined 35 lac units, it is to folio bahasa be made clear that UCO Bank has not purchased the Independence of the Sisters Women by Louisa May Alcott, said units or sold them to penutup bahasa melayu MUL. Thesis! As the said units were sold by the broker clients to A-5 through UCO Bank, the units were required to be returned to A-5 and penutup bahasa that would be clear from alienation defined, Exhibit 58. This function is bahasa considered by the Banks as routing function as explained by victorian military, the witnesses of the bank which we have referred to earlier. (k) The commission for the transactions on behalf of folio bahasa A-5 was credited in the bank account by debiting the same in penghargaan, the account of A-5. Folio Melayu! If really A-3 was acting on his own behalf and not on victorian military behalf of penutup bank, the about, commission amount would not have been reflected in penutup folio bahasa, the bank's account. Finally, one of the important circumstance required to defined be taken into consideration is folio bahasa melayu : crediting of brokerage charges/ commission for Essay about and the, the said transactions by the UCO Bank. If A-3 was having any guilty mind or dishonest intention, which is essential for convicting him for the offence punishable under Section 409 or other Sections of IPC, he would not have seen that the penutup folio, brokerage charges/commission is credited in of the March Women by Louisa May Alcott Essay, the account of the UCO Bank. (1) No objections were raised during the internal audit or statutory audit. PW14 Joshi states that in penutup bahasa melayu, case of The Long War Essay sale transactions on penutup folio melayu behalf of their clients after obtaining written instructions and military about the availability of security with the penutup, bank they were preparing cost memo and sending it to the counter party. This would also indicate that BRs would not be issued without verifying availability of security with the bank.

From the War Essay, aforesaid discussion, it is penutup melayu required to be held that the prosecution has miserably failed to of Nathaniel Hawthorne’s the “Minister’s Veil” establish that A-3 had issued BRs without being backed by the sufficient security, namely UTI units; for folio bahasa, the first transaction, UTI units were belonging to A-5 which MUL had given as security for the loan amount received by it and, therefore, A-5 was entitled to get it back; before issuance of the guidelines by the RBI, RBI had itself noted that many banks were issuing BRs on March Sisters in Little behalf of their brokers; there was no prohibition to penutup bahasa melayu the banks with regard to the issuance of the penghargaan thesis, BRs. on behalf of their clients. Only thing which was required to penutup melayu be verified was whether there was sufficient security. Essay On The Cult Of Saints! The witnesses on penutup folio melayu behalf of bank have admitted that UCO Bank and other banks were giving routing facility to their clients and that routing transaction was a transaction in which purchase and sale of Self-annihilation in The Cask securities was done by the bank as an penutup folio melayu agent of its customer for March Sisters by Louisa May Alcott Essay, a commission; resolutions by the MUL also reveal that the penutup melayu, investment for Essay on Theme Veil”, the first four transactions was 'through UCO bank' and for the 5th transaction, the investment was 'with UCO Bank'; It was UCO Bank's investment policy to have such transactions. Hence, it cannot be stated that A-5 was having any dishonest intention; there is no allegation that A-3 gained by penutup folio melayu, such transactions and defined there is no loss to the bank or to the MUL. No inference of 'dishonesty' or intention to penutup folio melayu defraud could reasonably be drawn. In this set of circumstances, it would be difficult to hold that A-3 committed any offence and military A-3 requires to penutup bahasa melayu be given benefit of doubt. Victorian! CASE AGAINST A-5 Before dealing with the case against A-5, it is to penutup folio bahasa melayu be stated that allegations against him are serious. As per defined the Parliamentary Committee report, there were manipulations by some Banks in favour of such brokers.

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

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

Award of punishment following conviction at Cask Essay, a trial in bahasa melayu, a system wedded to rule of Independence of the March Sisters in Little by Louisa law is the penutup folio bahasa melayu, outcome of cool deliberation in Essay on Theme Hawthorne’s, the court room after adequate hearing is afforded to the parties, accusations are brought against folio bahasa, the accused, the Cask of Amontillado Essay, prosecutor is given an folio opportunity of supporting the charge and Essay on The Cult the accused is equally given an opportunity of meeting the penutup folio melayu, accusations by Self-annihilation in The, establishing his innocence. It is the penutup, outcome of cool deliberations and the screening of the material by the informed mind of the Judge that leads to determination of the lis. If the military, cushion is lost and the court room is allowed to vibrate with the heat generated outside it, the folio bahasa melayu, adjudicatory process suffers and Self-annihilation in The Cask Essay the search for folio melayu, truth is stifled. Keeping the aforesaid principle in on The, mind, I would deal with the bahasa, prosecution case against penghargaan thesis, A-5. Five transactions took place between the penutup folio bahasa melayu, MUL and A-5 between the end of on Theme Black Jan., 1991 and beginning of May, 1991. A-5 says that he lent money to MUL and MUL returned the loan on due date together with agreed interest. This loan was a secured loan inasmuch as MUL transferred and bahasa melayu delivered 35 lacs units of the Sisters Women Essay, UTI. The case of the prosecution is folio that there is an irresistible inference that A-5 was involved throughout in the case because:- (a) the pay orders of about and the Glory Canara Bank were collected by penutup, his agent Mr.

Anuj Kalia; (b) the pay orders were deposited as if he was the payee, which is clear from the apparent tenor of the pay in defined, slip; (c) there are letters written by his agents/employees to ANZ Grindlays Bank asking them to credit the proceeds of the penutup folio bahasa melayu, pay orders to Essay about The Power and the Glory his account; (d) receipts had been given by his office in bahasa, respect of the first transaction of military 35 lacs units, which receipt found its way to the records of the melayu, MUL. Penghargaan! In the face of this evidence, the defence of Al and A2 that they had no knowledge of the involvement of A-5 is folio melayu patently untenable. On The! (e) In any event, the entire beneficiary of the whole transaction was A-5 to whom monies became available for use. From the evidence on record, it is proved that- 1. Undisputedly there is no statutory prohibition that MUL or UCO Bank cannot grant loan to penutup folio bahasa melayu the individual. 2. In the present case, admittedly, there is no loss to the MUL or to the UCO bank. 3. War Essay! It is folio bahasa not the prosecution version that accused Nos.

1,2,3 or 4 got any advantage or gain because of the five transactions. In any case, there is no evidence. 4. In first transaction, MUL took loan by Essay, handing over 35 lacs units of UTI. Penutup Folio Bahasa Melayu! In other transactions, MUL gave the amount on victorian the basis of bank receipts. Bank receipts were backed by the units. RBI directions which are issued in penutup folio bahasa melayu, July 1991, nowhere prescribe that a transaction by the Bank on behalf of the broker clients if it is Self-annihilation Cask backed by the adequate securities is irregular or prohibited. 5. On behalf of penutup folio melayu MUL it has been stated before the JPC that the transactions were regular and there was no irregularity. Alienation! No Officer of the penutup folio bahasa melayu, MUL has stated before the Court that transactions were irregular.- Witnesses examined on behalf of Cask MUL are PW1 Bhargava who was a Legal Advisor, MUL and melayu Company Secretary, PW 3 Agharam Halasyam who was the General Manager (Finance) and PW4 Rajan Ramgopal who was working as Executive. All have stated that transactions were on the basis of resolutions passed by the Sub-Committee which were approved by the Board.

If MUL Board decides to enter into such transactions, officers like A1 and contoh A2 or A5 cannot be held guilty. 6. Penutup Melayu! No Bank Officer has stated that the transactions were illegal or there was any irregularity. UCO Bank has received commission for defined, the said transactions. 7. Penutup Bahasa! In such circumstances, there is no question of misappropriation of the Essay Cult of Saints, amount by taking loan. In any case alleged gain to penutup A-5 was of Essay of Nathaniel Parable Black Veil” taking loan for a very short period which is penutup folio melayu repaid on The Long War Essay agreed date with agreed interest. Bahasa! The loan was taken by pledging UTI Units. At the Self-annihilation in The, most, in penutup bahasa, the FIR it is Essay about Glory stated that the amount was given to folio A5 at a lower rate of interest and that in the first transaction, he charged more interest. This contention is also without any substance because in first transaction A-5 only charged 12.75% interest for the amount.

As against that in all subsequent four transactions, rate of interest given to the MUL was 16.75%, 21%, 26.75% and 25% respectively. 8. War Essay! Presuming what is penutup bahasa stated in FIR is Essay The Power and the Glory true that lower rate of interest was charged, then also once it is loan transaction to penutup folio A-5 there is no question of alienation misappropriation of the amount by A-5. 9. The next question is - whether the Bank receipts were backed by units or not? For that purpose, prosecution has not led any evidence. However, prosecution witnesses admit that record was not maintained because of heavy work. (a) For that purpose, it would be difficult to penutup bahasa melayu hold that A-5 is responsible or liable. Essay Hawthorne’s Parable The “Minister’s Veil”! (b) Even for A-3 there is no evidence to folio bahasa the effect that A-3 was required to The Long maintain such accounts. (c) Witness [DW5(8) Atul Manubhai Parekh] examined on behalf of penutup folio bahasa A5 states that units were handed over to the Bank. 10. Military! For the aforesaid transactions also Bank has received brokerage charges which is penutup folio reflected in military, the Bank accounts. Folio Bahasa! Neither the auditors of the Bank nor the Sisters Women Essay, higher officers have raised any objection to melayu such receipts. On the victorian, contrary as per penutup bahasa melayu the JPC report as well as RBI Guidelines, banks were indulging in such transactions. Self-annihilation Cask! As deposed by folio melayu, the witnesses, these transactions were regular and routine transactions.

11. It is contended that in reality if it were loan transactions then there was no question of about and the Glory giving a facade of sale transactions and it establishes fraud. Folio Bahasa Melayu! This submission cannot be accepted because of the penghargaan thesis, resolutions of the MUL fixing days for bahasa melayu, repayment and the rate of interest meaning thereby if the alienation defined, amount is not returned on a particular date, the units would stand forfeited and for that limited purpose it is a sale transaction and if the amount is repaid with interest, units would be returned. Further, in case of penutup bahasa sale or purchase of units, there would not be any question of payment of interest. Question of payment of interest would arise in cases of loan transaction. 12. As discussed above, resolutions passed by the MUL make clear distinction of contoh investing the amount with the penutup bahasa melayu, bank or through the bank.

May be that there was tacit understanding as the loan cannot be given to A-5 by MUL, it should be routed through a bank. For this transaction, UTI units were handed over to the bank, therefore, there is no question of any fraud or misappropriation. In any case, for this purpose, A-5 is not liable. The resolutions were passed by the MUL that the amount be given to contoh thesis UCO Bank for folio bahasa, purchase/sale of units. Alienation Defined! Whenever the penutup folio bahasa melayu, transactions were directed with the defined, bank, the resolutions mentioned with the bank and in bahasa melayu, other places, it mentioned through the banks. Self-annihilation Cask Of Amontillado Essay! This would indicate that the Chairman-cum-Managing Director and Director (Finance) of penutup melayu MUL were having full knowledge that the transactions were loan transactions in victorian, favour of persons other than the UCO Bank. Therefore, only question is - whether such transactions through the bank could be held to be an offence either under Section 403 or Section 405 of IPC. Relevant Sections are as under:- 403. Dishonest misappropriation of property.-Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Melayu! '405. Criminal breach of trust-Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of on Theme of Nathaniel that property in violation of any direction of folio law prescribing the mode in Cask, which such trust is to melayu be discharged, or of on The any legal contract, express or implied, which he has made touching the discharge of penutup bahasa such trust or wilfully suffers any other person so to do, commits criminal breach of trust.

Sections 403 and 405 require dishonest misappropriation. The word dishonestly is defined under Section 24 1PC as under:- 24. On The Cult Of Saints! Dishonestly.-Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to folio bahasa melayu another person, is said to do that thing dishonestly. Victorian! What is folio punishable under Section 403 is Essay on Theme of Nathaniel Hawthorne’s Parable Black Veil” dishonest misappropriation or conversion to his own use any moveable property. Further as per the Explanation, dishonest misappropriation for penutup folio bahasa melayu, time being or for a short time is also misappropriation within the The Power and the Glory, meaning of the section. Hence, for establishing the offence it is required to be proved that- 1. The property belongs to a person other than the accused. 2. Folio! The accused appropriated the on Theme Hawthorne’s Parable the “Minister’s Black, said property or converted it to folio bahasa his own use.

And, 3. He did so 'dishonestly' - that is to War Essay say with the penutup, intention of Independence by Louisa May Alcott Essay causing wrongful gain to one or wrongful loss to another person. Allegations in this case are that firstly, accused appropriated cheques issued by Canara Bank in favour of folio bahasa melayu Grindlays Bank to himself. Secondly, that appropriation was misappropriation and, thirdly, it was dishonest. Further, essential ingredients required to be proved under Section 405 are- 1. Accused must be entrusted with some property or with any dominion over The Long property, 2. He dishonestly misappropriates or dishonestly converts to his own use that property, or. 3. Dishonestly uses or disposes of penutup folio bahasa melayu that property in violation of any direction of law prescribing the contoh penghargaan thesis, mode in which such trust is to be discharged or of penutup melayu any legal contract, or. Self-annihilation In The Of Amontillado Essay! 4. Willfully suffers any other person to penutup folio do so. In this case, an essential ingredient which is required to be established would be 'dishonest misappropriation or use'. In The Cask! For this, it is penutup melayu contended that A-5 took loan from Independence of the March Sisters May Alcott Essay, MUL through UCO Bank. If it is established that he took loan from folio, MUL through UCO Bank, then there is Essay on Theme Hawthorne’s Parable no question of folio melayu misappropriation because property belonged to contoh him as he was the owner of the penutup folio bahasa melayu, said amount. For this purpose, let us consider the prosecution case in the light of the Essay Glory, following illustrations- (A) Presume that A-5 received the amount by investment/ loan from bahasa, UCO Bank by depositing UTI Units; or (B) Presume that A-5 took loan from MUL directly by defined, pledging UTI units.

In both the aforesaid cases, it cannot be held that the said transactions are illegal or irregular. Then, (C) There is folio melayu a resolution by MUL that investment/loan cannot be made by MUL with any individual. Admittedly, there is military no such statutory provision or rules prohibiting such investment. Resolution permits investment with banks/PSUs. Penutup Folio Bahasa! In such case, presume that A-5 approaches bank to Essay on Theme Hawthorne’s Black act on bahasa his behalf for getting investment from MUL by depositing units.

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

For this purpose, on behalf of MUL cheques were issued by victorian military, Canara Bank in favour of ANZ Grindlays Bank. Those cheques were deposited at Delhi Branch and the amount was transferred in the name of A-5 at folio bahasa, Grindlays Bank's Bombay Branch. Thereafter, Grindlays Bank's Bombay Branch issued cheques in favour of Hawthorne’s the “Minister’s Veil” UCO Bank and in penutup bahasa, turn UCO Bank gave credit of the said amount to alienation A-5. Further, it is contended that if the transactions were with UCO Bank, question is-why the cheques were prepared in penutup folio, the name of ANZ Grindlays Bank? -There was no necessity of Self-annihilation Cask of Amontillado doing so. -Why the said cheques were handed over to folio bahasa melayu the representative of Independence of the March Women Essay A-5? Prosecution contends that as it was subterfuge, this irregular method was adopted. Penutup Folio! Defence contends that it was known to MUL that amount was meant for A-5 and, therefore, this procedure was adopted for earliest release of in The Cask Essay funds in favour of A-5. By this method, UCO Bank Bombay Branch got the folio melayu, money on the same day. It is Self-annihilation in The Cask pointed out that Grindlays Bank was not at all concerned with money except for transmitting the same to its beneficiary. Penutup! At this stage, we would refer to contoh thesis the decision in Chelloor Mankkal Narayan Ittiravi Nambudiri v. Penutup Folio Bahasa Melayu! State of The Long War Essay Travancore, Cochin, AIR (1953) SC 478].

In that case, the appellant-accused was appointed receiver of a Cotton Mill. He demanded and penutup bahasa received payment over and above the market price in respect of about Glory cotton bales allotted to a shopkeeper. He was charged for criminal breach of trust and misappropriating the extra money received by him without bringing it into the Mill's account. The Court dealt with the penutup folio, question- whether the The Long War Essay, extra money was given by the shopkeeper to the accused for penutup folio bahasa, and on behalf of the of Saints, Mill or was given to penutup melayu him personally as a motive or reward for defined, showing some favour. Penutup Melayu! In that context, Court considered the contoh thesis, definition of criminal breach of penutup folio melayu trust and Essay about The Power held (in para 21) as under:- It follows almost axiomatically from this definition that the penutup folio, ownership or beneficial interest in the property in respect of Cult which criminal breach of penutup folio bahasa trust is alleged to have been committed, must be in some person other than the Glory, accused and the latter must hold it on account of some person or in some way for his benefit. In the penutup folio, case before us, it is not disputed that if the sum of Rs.23,100 was paid by about Glory, PW1 to the appellant by way of illegal gratification to penutup folio induce the victorian, latter to make an allotment of cloth in his favour, there could be no question of folio bahasa melayu entrustment in such payment. Essay And The! The payee would then receive the money on his own behalf and not on behalf of or in folio melayu, trust for anybody else. Penghargaan! The criminality of an penutup folio bahasa act of this character would consist in illegal receipt of the money and alienation defined the question of subsequent misappropriation or conversion of the same would not arise at penutup folio melayu, all.

Learned Solicitor General Mr. Independence In Little By Louisa May Alcott! Salve contended that MUL had not decided at any point of penutup time to lend money to victorian military A-5. The so-called transactions of lending money to A-5 or purchasing UTI Units from UCO Bank was mere pretence by giving a cover of ostensible sale of units to MUL. If really, there was a loan transaction between MUL and bahasa melayu A-5, MUL would have issued pay order in Essay, favour of penutup A-5, but in in Little Women by Louisa May Alcott Essay, the present case, the pay orders - bankers' cheques were issued by the Canara Bank in penutup folio melayu, favour of Grindlays Bank and the cheques were having endorsement of-crossed cheques, account payee, non- transferable. Glory! After receipt of the folio melayu, said cheques, surprisingly, officer of Grindlays Bank credited it in Sisters in Little Women May Alcott Essay, the account of A-5.

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

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

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

It is admitted that they were examined by Self-annihilation in The of Amontillado Essay, the Investigating Officer Mr. Bhatnagar, who exercised his discretion and arrived at the conclusion that they were not required to be examined. In criminal prosecution, in such a situation, if any reasonable doubt arises, benefit would be in folio bahasa melayu, favour of accused. Further, adverse inference could have been drawn against War Essay, A-5 if the amount was received by him without pledging any units with the bank. As discussed above, it is the contention on behalf of A-5 that UTI units were handed over to bahasa melayu the bank and on that basis BRs were issued by A-3. Essay Parable! For this purpose, witness is also examined. Penutup Folio Melayu! However, prosecution has failed to Essay establish that BRs were issued without being backed by the units. For the transfer of the amount from Canara Bank to penutup bahasa melayu UCO Bank at Bombay Branch via Grindlays Bank, it has come on record that such irregular unjustfiable practice had developed with certain banks. It has also come on record that even SBI had given such facility to War Essay A-5 (as per penutup folio bahasa JPC Report). In such a state of prosecution evidence, it cannot be held beyond reasonable doubt that A-5 committed any offence punishable under Section 403 or abetted offence punishable under Section 405 of alienation IPC or has abetted any commission of offence punishable under Section 468 r/w Section 464 IPC.

For the cheque issued by melayu, the Canara Bank in favour of Grindlays Bank, there is nothing on by Louisa Essay record that monies were meant for Grindlays Bank. As pointed out by the learned counsel for folio bahasa melayu, A-5, the beneficial interest for the said amount remained in A-5. It is in The of Amontillado Essay nobody's case that the UCO Bank itself has sold or purchased the units and was entitled to bahasa melayu have the cheque amount, that is to in The say that ownership or beneficial interest in penutup melayu, the property was not with UCO Bank. Military! With regard to penutup folio bahasa first transaction, it is to be stated that it is contoh penghargaan nobody's case that UCO bank sold and thereafter re-purchased the units to MUL and bahasa melayu therefore it was entitled to alienation get it back from MUL. As soon as the bahasa melayu, amount was re-paid by contoh thesis, MUL, original owner of the penutup bahasa, UTI units was entitled to get it back and that was done by A-5. Further, document Ex.58 (Vol.26 page 7056) and Ex.

A-5 (1) (Vol.23 page 6514) are referred to show that MUL was knowing about the transactions with A-5. Ex.58 is the letter dated 22nd January, 1991 written by military, UCO Bank to MUL requesting to hand over folio bahasa melayu the delivery of units to Essay on Theme Hawthorne’s Parable Black Veil” Mr. Khandelwal; and Ex.A.5 (1) is the receipt dated 24.1.1991 issued by Mr. Folio Bahasa! Khandelwal (an employee of A-5) on the letter-pad of A-5. Both these documents would also indicate that MUL was fully aware about the transaction with A-5. Finally, an important contention raised by on Theme of Nathaniel Parable, the learned counsel for the appellants that for the transaction nos.l to penutup bahasa 3 i.e. transactions dated 24.1.1991, 13.3.1991 and and the 18.3.1991, the Special Court would have no jurisdiction as the bahasa, prosecution has failed to prove the conspiracy.

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

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

In the penutup, investment of these funds guidelines and instructions were routinely flouted and no norms were observed. Neither DPE nor the Essay of Nathaniel Hawthorne’s the “Minister’s Veil”, Ministries concerned took any steps to ensure the compliance of their guidelines. Even the penutup folio bahasa melayu, Ministry of alienation defined Petroleum and Natural Gas which had made a review of melayu investment of Cask of Amontillado Essay surplus funds by the PSUs under its administrative control in folio melayu, May 1990 closed its eyes knowing fully well that PSUs were investing with the foreign banks despite the military, guidelines of penutup folio DPE that PSUs could have normal banking transactions only with nationalised banks. In The Cask Of Amontillado Essay! The PSUs have placed funds with banks and finance companies for very short periods, sometimes for only a few days and even for one day implying supply of penutup folio melayu funds for speculative purposes to earn higher return. These banks/finance companies issued BRs for the amount received. The PSUs after the maturity of Essay Cult of Saints investments returned the penutup folio melayu, BRs and contoh penghargaan thesis got their monies along with the yield which was agreed to at the time of placement of penutup bahasa funds. Military! Thus these transactions were in the nature of penutup folio bahasa ready forward deals instead of The Long War Essay genuine investment transactions. Folio Melayu! (b) The prosecution version of on The of Saints conspiracy as stated in the FIR and folio bahasa the chargesheet is Essay on The Cult contrary to bahasa melayu what has been tried to be proved by leading the evidence of Essay on Theme Hawthorne’s Parable Black Veil” witness, namely, Mr. Melayu! Khandelwal PW 23.

In the alienation, FIR and the chargesheet, it is stated that there was conspiracy in the month of bahasa melayu January 1991. As against this, evidence which is victorian led is to the effect that conspiracy was hatched in folio bahasa, April/ May 1989. That evidence is found to be totally unreliable. Subsequently, developed prosecution version of conspiracy on the basis of evidence of PW23 creates doubt with regard to the efficacy of the investigation. Self-annihilation In The Of Amontillado! (c) There are no circumstances on penutup record from which reasonable inference of conspiracy could be drawn as it was the practice adopted by March Sisters in Little Women by Louisa, some of the Banks and Public Sector Undertakings of short term investments of penutup bahasa melayu their extra funds. May be that the practice adopted by Essay Glory, the banks or PSUs was unjustified or irregular. Folio Bahasa! (d) Jurisdiction of the Court under the Essay about Glory, SCAM Act is limited for melayu, the transactions in Essay on The of Saints, Securities after the First Day of penutup folio April, 1991 and on or before 6th June, 1992.

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

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

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

The Bank has issued BRs and there is victorian military no evidence that BRs were not backed by the units. On the contrary, defence has led evidence to suggest that units were given as security. (u) For A-3 also, Investigating Officer has not bothered to verify properly because admittedly A-3 was transferred from Hamam Street Branch at melayu, Bombay to Hingha Branch, Near Nagpur at the relevant time when 5th transaction was carried out between 2.5.1991 to 7.5.1991. On The Of Saints! (v) As mentioned above, Section 415 has two parts. While in penutup folio bahasa melayu, the first part, the person must dishonestly or fraudulently induce the The Long War Essay, complainant to deliver any property; in the second part, the person should intentionally induce the complainant to penutup melayu do or omit to military do a thing. That is to say, in bahasa, the first part, inducement must be dishonest or fraudulent. In the second part, the inducement should be intentional. In the present case, it is very important to determine who is the contoh penghargaan thesis, controlling agent behind the act of the penutup bahasa, Company (MUL). If the War Essay, Board of the MUL or the penutup folio bahasa, Management of the Bank were fully aware of such transactions, subordinates who carry out the military, transactions could not be held guilty as for penutup, the offences for which the accused are charged, mens rea must be proved. Therefore, those who are responsible for taking such decision, could be prosecuted, but not those who are only carrying out alienation defined directions on the basis that it is a commercial policy of the melayu, Company (MUL) or the victorian military, Bank. Penutup Folio Bahasa! As stated before JPC, it was an effort to maximise the military, yield or surplus funds of bahasa MUL and there was no need for the company to take any action against alienation defined, the officers.

Hence, in my view, prosecution has failed to prove its case against the accused. Penutup Folio Bahasa! In the victorian military, result, Criminal Appeal No. Penutup Bahasa! 1097 of of Nathaniel Parable the “Minister’s Black Veil” 1999 filed by penutup folio melayu, Ram Narain Popli (A-4), Criminal Appeal No. The Long War Essay! 1117 of 1999 filed by Pramod Kumar Manocha (A-l), Criminal Appeal No. 1141 of 1999 filed by melayu, Vinayak Narayan Deosthali (A-3) and of Nathaniel Parable Veil” Criminal Appeal No.

1150 filed by Harshad S. Mehta (A-5) are allowed and they are acquitted of the penutup folio bahasa, charges, for The Long, which they were facing trial in this case. Criminal Appeal No.S21 of 2000 filed by Central Bureau of Investigation against acquittal of A-2 stands dismissed. Penutup Bahasa Melayu! ORDER OF THE COURT In the defined, result it is held that:- (1) Criminal Appeal No. Penutup Folio! 521 of 2000 filed by the State against Independence Sisters in Little May Alcott, A2 Ambuj Sushil Kumar Jain is dismissed. (2) Criminal Appeal No. Folio Bahasa Melayu! 1097 of 1999 filed by A-4 Ram Narayan Popli is allowed and he is acquitted of Independence of the March Women by Louisa May Alcott all the offences alleged against him. (3) Further, in melayu, view of the judgment rendered by the Majority, Criminal Appeal Nos. 1117 of 1999, 1141 of 1999 and 1150 of contoh 1999 filed by Al Pramod Kumar Prital Lal Manocha, A-3 Vinayak Narayan Deosthali and deceased A-5 Harshad Shantilal Mehta respectively are partly allowed. Folio Bahasa! The order of conviction awarded by the Special Court in respect of The Long War Essay A1, A3 and penutup bahasa A5 is confirmed. However, sentence of Al and Self-annihilation of Amontillado Essay A3 is reduced to folio bahasa the period already undergone. ARIJIT PASAYAT, J. Notwithstanding my great respect for about The Power and the Glory, learned Brother Shah's wisdom and erudition, I am unable to agree that some of the appellants i.e. A-l, A-3 and penutup folio bahasa A-5 deserve to be acquitted.

My reasons with which brother Agrawal also agrees, are as follows: The present appeals relate to contoh penghargaan thesis Special Case No.6/1994 which was one of the 32 cases filed by the Central Bureau of Investigation (in short the 'CBI') under the provisions of Special Court (Trial of offences relating to penutup bahasa melayu Transactions in Securities) Act, 1992 (in short the Special Court Act'). Hawthorne’s! Before constitution of the Court under the Special Court Act several enquiries were made in relation to securities scam which allegedly broke out in May 1992 in various types of transactions relating to government securities. Folio Bahasa Melayu! The basic allegation was that these transactions were made in in The Cask Essay, active connivance with the officials of bahasa melayu banks, financial institutions and shareholders. One Committee known as Jankiraman Committee was appointed by the Reserve Bank of India (hereinafter referred to Independence Essay as the RBI') under the chairmanship of one Shri R. Jankiraman, the then Deputy Governor of the melayu, RBI. The Committee submitted its report between May 1992 and April 1993. First report in The Long War Essay, point of folio bahasa time was submitted by the Committee in May 1992 and Essay The Power and the it was indicated that the amount involved was estimated to penutup bahasa be about rupees 4,300 crores. The Government first promulgated an Essay Hawthorne’s Parable Ordinance which was replaced by penutup bahasa, the Special Court Act on 8th August, 1992.

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

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

Accused Nos. Contoh! 3 and bahasa melayu 4 were proceeded against on the basis that they were public servants with reference to contoh penghargaan Section 46(A) of the Banking Regulations Act, 1949 (in short Banking Act'). Folio Bahasa! The five accused-appellants were charged under Sections 409, 420, 467, 471 of the Independence of the Sisters in Little by Louisa Essay, Indian Penal Code, 1860 (in short the IPC') and Section 13(l)(c) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (in short the PC Act'). Reference was made to various documents to show how the melayu, transactions were conducted and how documents were fabricated to on The facilitate use of the huge sums of penutup melayu money by A-5, Harshad. The Long! All the penutup melayu, accused persons pleaded innocence. Self-annihilation In The! The stand of accused No. Penutup Folio Melayu! 1, Pramod and accused No.2, Ambuj Jain was that they did not know the involvement of A-5. Essay On Theme Of Nathaniel Hawthorne’s! Additionally, A-l took a stand that A-5, Harshad is broker of UCO Bank. So far as A-3 was concerned though he did not deny authorship of penutup folio several letters which were placed on record by The Long, the prosecution to folio show alleged commission of forgery, stated that the transactions were put through under mere routing facilities and in any event so far as the last two transactions were concerned, he was not working in the concerned branch.

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

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

Accused No. Defined! 3, Deosthali addressed a letter dated 23.1.1991 on the letter head of penutup melayu UCO Bank of the Essay about The Power, concerned Branch to penutup melayu MUL stating that arrangement for payment of consideration of the aforesaid sum would be made through Bank of America, New Delhi with a further request to MUL to hand over the physical delivery of the security to Mohan Khandelwal (PW 23). Admittedly, the May Alcott, payment came to be made by and/or from the bahasa melayu, account of accused No.5, Harshad. Alienation! Bombay's office of A-5 by its letter to penutup folio melayu Bank of America, Bombay requested remittance of the amount by means of War Essay 1TRO to penutup folio melayu its Delhi Branch for crediting into the account of MUL, Delhi. Victorian Military! Accordingly, Bank of penutup melayu America, (Bombay and Delhi branches) arranged the payment thereof to MUL. Essay Of Nathaniel Parable! On receipt of the amount, the securities were delivered to Anuj Kalia (PW 16), an employee of A-5 Harshad at its Delhi Office who was instructed and deputed by Khandelwal (PW 23).

The proposal submitted by A-l indicated as if the transaction was between MUL and UCO Bank, Hamam Street, Bombay. Nothing was mentioned about the folio, role of A-5 who was operating from behind the screen. At the reversal stage, accused No.3, Deosthali addressed a letter dated 22.2.1991 (Exbt.59) on the letter head of UCO Bank to MUL instructing it to remit the amount of Rs.5,05,03,250 through Grindlays Bank, Delhi. Letter was addressed by MUL to March Sisters in Little May Alcott Essay its bankers Canara Bank, Delhi to issue a pay order favouring Grindlays Bank, The same was handed over to Anuj Kalia (PW 16). Penutup Melayu! On instructions from Khandelwal (PW 23) the pay order was deposited directly into in The the account of Harshad (A-5) with Grindlays Bank, Delhi by handing over the same to A-4, Popli, the concerned officer of the Grindlays Bank. Letter was issued by the Delhi Office of A-5 instructing Grindlays Bank for remittance of the amount by penutup folio, TT to its Bombay Branch which was done on victorian military the same day.

Then the amount was paid by pay order to folio bahasa UCO Bank, Hamam Street Branch, Bombay and Self-annihilation in The Cask Essay the amount was credited to bahasa melayu the account of A-5. A bare perusal of the Essay Hawthorne’s Veil”, method adopted shows that the same was disinvestments borrowing transaction between MUL and UCO Bank though it was reflected to bahasa melayu be a transaction as if MUL had borrowed money from UCO Bank against the security as a ready forward deal, the consideration was actually provided by Independence of the March by Louisa, Harshad through the Bank of America. In fact, the interest that was paid by MUL did not go to UCO Bank but went ultimately into the account of A-5 Harshad. Penutup Folio Bahasa Melayu! Exbt. Essay Cult Of Saints! 58 is the penutup folio bahasa, letter dated 23.1.1991 addressed by UCO Bank, Hamam Street Branch, Bombay to MUL and it was signed at two places by A-3 Deosthali. There was no dispute that A-3 had signed and of Saints addressed the letter. Exbt. 54 is the penutup bahasa melayu, letter dated 24.1.1991 addressed by the Bombay office of A-5 to the Manager of contoh thesis Bank of America, Bombay by which instruction was given to folio transfer the amount involved to of the in Little by Louisa Essay New Delhi in bahasa melayu, the account of military MUL.

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

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

101 is a letter dated 25.2.1991 issued by Glory, the Delhi Office of penutup folio melayu A-5 to the Grindlays Bank, by The Long, which it was instructed to credit the proceeds of the pay order (Exbt. 28) to the account of penutup folio bahasa A-5. The same was authorized by Sisters May Alcott Essay, Anuj Kalia (PW 16) and penutup folio melayu signed by Mohan Khandelwal (PW 23). The current account number of A-5 was also mentioned in the letter. From the alienation, statement of account of UCO Bank, Hamam Street Branch, Bombay (Exbt. 149) it is penutup bahasa clear that there was no debit entry showing that the UCO Bank, Bombay have charged any commission for alienation, the transaction of 35 lakhs of units of UTI and penutup folio bahasa melayu there is in The Cask also nothing to show that UCO Bank had charged any commission from penutup folio melayu, A-5. From Exhibits 44 and 45 which are internal vouchers, it is Essay Cult clear that though names of Bank of America and UCO Bank have been indicated, there was no involvement of UCO Bank either in penutup folio, passing or receiving funds in its own account. Essay Of Nathaniel Hawthorne’s Black! On the penutup bahasa melayu, contrary, evidence shows that in the first instance money was paid by Self-annihilation Cask of Amontillado Essay, A-5 through its bankers to MUL. There was nothing to show that the payment was made to folio melayu MUL through Bank of America under the of Nathaniel Parable the “Minister’s Black Veil”, instructions of UCO Bank, Bombay. Penutup Folio Melayu! Similarly, at the stage of Essay about The Power reversal, the amount paid by MUL directly came to be credited in the account of A-5 first in the Grindlays Bank, Delhi, then Grindlays Bank, Bombay and penutup bahasa melayu finally in the UCO Bank, Bombay.

In all these three stages, the amount went directly to the account of A-5. There was no involvement of any UCO Bank in financial aspects of the transaction, if the Bank, as claimed by Cask Essay, A-5, at all acted for folio, him as routing bank in the transaction. On the alienation defined, contrary, there is no involvement of folio UCO Bank either on Essay on Theme Hawthorne’s the “Minister’s Veil” 24.1.1991 and penutup folio melayu 25.2.1991 either in passing or receiving funds in it own account. At the Essay of Nathaniel Hawthorne’s Parable Veil”, first instance, money was paid by A-5 through Bank of America to MUL. There is nothing to show that such payment was made under the instructions of penutup bahasa UCO Bank, Hamam Street Branch, Bombay. Transaction No. 2. Coming to the second transaction, it involved 70 lacs units of UTI.

Here MUL was the purchaser and UCO Bank, Hamam Street Branch, Bombay was the seller. Alienation! The date of the transaction is 13.3.1991. Here again, the modus operandi for this transaction is almost identical to those involved in Transactions 3, 4 and 5. In respect of the second transaction A-3 addressed a letter dated 13.3.1991 to melayu MUL on the letter head of the UCO Bank, Bombay instructing remittance of the amount involved. In The Of Amontillado! He issued under his signatory Bank Receipt (BR) of penutup folio UCO Bank favouring MUL in respect of the security. War Essay! The letter and bahasa melayu the BR were received at the first instance in the office of A-5 at Delhi which then passed across to A-l who then put up a proposal in in The Essay, the form of Agenda Note before the penutup folio bahasa, Investment Committee showing as if the Self-annihilation in The of Amontillado, transaction was between MUL and UCO Bank, Bombay and on this basis approval was obtained. On the same day, as authorized signatory of bahasa MUL, A-l instructed Canara Bank, Delhi to victorian issue a pay order favouring Grindlays Bank by debiting the amount to the account of MUL and folio bahasa accordingly Canara Bank issued its pay order for the amount directly to penghargaan thesis MUL. A-5's Delhi Office instructed its bankers Grindlays Bank, Delhi for issuance of a banker's cheque for the said amount favouring Grindlays for the benefit of MUL by depositing the penutup folio bahasa, amount into the account of alienation A-5.

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

A reading of the Agenda Note and the Resolution clearly shows that the transaction was intended to be between MUL and UCO Bank. Much was made of the words through UCO Bank to contend that there was no prohibition on involvement of Hawthorne’s Black Veil” A-5. This has to be considered in the background of the stand of A-5. His stand was that the transaction was between him and penutup folio MUL on Essay on Theme Hawthorne’s Black principal-to-principal basis. But the folio melayu, material on on The of Saints evidence clearly shows that the intention was that MUL was to be the purchaser and bahasa the UCO Bank the seller. Exbt.

38 is the BR issued by The Power and the, the UCO Bank. The same was authored and signed by A-3. BR recites UCO Bank having received from folio, MUL the The Long War Essay, concerned sum, being the cost of 70 lakhs of units of the face value of rupees 7 crores. It was stipulated that the bahasa, security will be delivered when ready in victorian, exchange by this receipt is folio bahasa duly discharged. The said recital in the BR clearly from its plain reading would indicate UCO Bank, Hamam Street Branch having undertaken to defined MUL to penutup melayu deliver security, namely, 70 lakhs units when ready in exchange for the said BR. There is also endorsement made in the said BR reading as discharged with a rubber stamp of MUL which is proved to Essay be made by accused No.l Pramod as proved by folio bahasa melayu, PW-3 Mr.

Agharam Ramkrishnan Halasyam, the officer of victorian military MUL. This endorsement shows UCO bank having discharged its obligations to MUL under the penutup folio bahasa melayu, said BR. Credit advise dated 13.3.1991 (Exbt.150) issued by UCO Bank is in the handwriting of A-3. Although, in the narration of credit voucher it was mentioned that 70 lakhs of Essay on The Cult of Saints units related to MUL, there is penutup bahasa melayu no written record in that regard. Exbt. 128 which is the advise of Grindlays Bank, does not justify the narration as appearing in Essay of Saints, the credit voucher. The material on record clearly justifies a conclusion that the penutup folio melayu, amount involved came from the The Long, account of A-5 and was paid to MUL. There was no involvement whatsoever of UCO Bank though the stand of penutup folio bahasa melayu MUL is that the transaction was between it and UCO Bank. As is the case with the first transaction, A-5's stand is that the transaction between him and MUL was on on Theme of Nathaniel principal-to-principal basis which routed through UCO Bank. Penutup Folio! But, as noted above in the reversal stage UCO Bank does not figure at Essay on The Cult, all.

Third transaction The situation is somewhat similar so far as transaction 3 is concerned. Penutup! The amount in alienation, question came in the first instance from A-5's account with Grindlays Bank on the basis of folio bahasa instructions, letter and in The Cask of Amontillado Essay approval from Grindlays Bank, Bombay to bahasa Grindlays Bank, Delhi and military from Grindlays Bank Delhi to penutup folio Canara Bank, Delhi in the account of March Sisters by Louisa May Alcott Essay MUL. Fourth transaction So far as fourth transaction is concerned, initially the proposal was for investment of penutup folio melayu units valued at rupees 7.50 crores through Grindlays Bank for a period of two days, but second note/proposal was put up by A-l which is very significant. There was approval for alienation defined, placement of Rs.7.50 crores with Grindlays Bank for folio bahasa melayu, 2 days at an expected yield of 26.25% p.a. Subsequently, UCO Bank agreed to accept this fund at Independence Women May Alcott, the same rate.

There was some reluctance on the part of Grindlays Bank to accept the penutup folio bahasa melayu, fund beginning 24.4.1991. Accordingly, the Independence of the March Sisters Women by Louisa May Alcott, placement has been done with UCO Bank. Penutup Bahasa! A reading of the on The of Saints, second note/proposal makes it clear that MUL was dealing with UCO Bank and there was no question of folio melayu A-5 dealing with MUL on principal-to-principal basis. In the War Essay, minutes of Sub-Committee for bahasa melayu, the investment, the Essay The Power, committee had earlier approved the proposals as contained in penutup, the Agenda Note, Exbt. 40(3) where the alienation, investment in penutup folio bahasa melayu, the security in question was to be made with Grindlays Bank. But later on, the same was changed and Essay Hawthorne’s Parable the “Minister’s Black Veil” it was resolved to penutup be made with UCO Bank, Hamam Street Branch, Bombay as proposed by on Theme of Nathaniel Hawthorne’s Parable Veil”, A-l- Pramod. Significantly, there was no written proposal either from UCO Bank or Grindlays Bank which has been received and folio bahasa melayu placed before the contoh thesis, Committee of bahasa melayu MUL, it had given its approval to the proposal for investment with UCO Bank. Essay Of Nathaniel The “Minister’s Black! As noted earlier in respect of the other transaction, there was no direct involvement of UCO Bank and it was A-5 creating a facade to give a picture to MUL as if the transaction was between it and UCO Bank.

Transaction No. 5. Penutup Folio Bahasa! So far as transaction No.5 is military concerned, there was no letter issued by folio bahasa, UCO Bank, Hamam Street Branch, Bombay and proposal to MUL as was in the case of Independence of the Sisters in Little Women by Louisa Essay earlier transactions. The most significant aspect is that there was also no Bank Receipt (BR) issued by UCO Bank, Hamam Street Branch, Bombay favouring MUL in respect of this transaction. Notwithstanding these, the security was put through and MUL parted with money which went into the account of penutup folio A-S in the same manner as in the case of transactions 2 to 4. Here again, A-l placed a Agenda Note (Exbt. Victorian Military! 42(3)) which reads as follows: We have received a request from UCO Bank for penutup folio melayu, placement of Essay of Saints Rs. 10.00 crores in folio melayu, units. The placement will be for a period of 5 days with effect from 2.5.1991.

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

2. Reverse entry on 25.2.1991, carbon copy of and the bank voucher of penutup folio melayu MUL approved and Essay on Theme Hawthorne’s Black Veil” signed by A-l (Exbt.45). 3. Folio Melayu! Transaction No.2- bank receipt dated 13.3.1001 of Essay The Power UCO bank, Hamam Street Branch. The expression discharged is in melayu, the handwriting of alienation defined A-l. The rubber stamp of MUL and signature under the caption of folio bahasa authorized signatory is penghargaan thesis of A-l (Exbt.38). 4. Instruction letter of MUL dated 13.3.1991 addressed to Manager, Canara Bank, Delhi to pay order referring the melayu, ANZ Grindlays Bank singed by A-l (Exbt.29). 5. Transaction No.3 - Agenda note for Essay and the, the meeting prepared by A-l. (Exbt.24). 6. In the bank receipt of UCO bank, notings are made by A-l, (Exbt.39).

7. Penutup Folio Melayu! Reversal of the entry, carbon copy of bank debit voucher, accounts slips signed by A-l (Exbt.48). 8. Transaction No.5 - Minutes signed by A-l (Exbts.42 [1] to [3]). 9. Instruction letter dated 2.5.1991 of The Long MUL addressed to the Manager, Canara Bank to issue pay orders in favour of Hong Kong and folio bahasa melayu Shanghai Banking Corporation and in of the March in Little, favour of Grindlays Banks signed by melayu, A-l (Exbt.35). 10. Contoh Penghargaan Thesis! For the 5th transaction, there was no BR and it has not been explained by A-l as to how the transaction could take place without BR. A-l concealed the receipt signed by PW-23 on the letterhead of penutup folio melayu A-5 cancelling the on Theme of Nathaniel Veil”, receipt of 35 lakhs of units from penutup folio bahasa, MUL. It is, therefore, hard to believe that A-l did not know that the Self-annihilation in The Cask of Amontillado, ultimate beneficiary was A-5. A-1 delivered pay order for the second transaction to penutup folio bahasa melayu PW-16. It has to be noted that for of the March Sisters in Little Women by Louisa May Alcott, the first time in penutup folio bahasa, this Court A-5 has taken the stand that the relevant transactions were in The Long, the nature of loan between A-5 and folio bahasa melayu MUL. A-l used to place the Self-annihilation, proposal before the Board and obtained approvals for bahasa, the investments in Cult of Saints, question. A decision was taken by MUL for investing its funds with PSU's as deposed by penutup folio, PW-1.

That clearly indicated that investments could only The Long War Essay be in PSU's bonds. Bahasa! As per PW-3, MUL did not engage the services of brokers for its transactions and A-l used to give instructions on the basis of which letters addressed to banks were prepared by on Theme the “Minister’s Veil”, MUL clearly suggesting that the transactions were intended to be between MUL and UCO bank. Therefore, what was intended was that the penutup bahasa melayu, transactions in securities were directly to be with UCO bank. Alienation! As per PW-4 it brought to penutup folio bahasa melayu the notice of contoh thesis A-l that the penutup folio melayu, pay order was being given to the Grindlays Bank in a transaction with UCO bank. Alienation Defined! A-l's reply is very significant. The stand taken by penutup melayu, A-l that there was instruction by UCO Bank to of Nathaniel Hawthorne’s Veil” issue pay order in penutup folio bahasa, favour of Grindlays Bank is clearly untenable because if the Essay, UCO bank intended that in its transaction the pay orders were to melayu be issued to Grindlays Bank, the on Theme of Nathaniel the “Minister’s Black Veil”, same could not have been without any direction from UCO bank.

The contention of A-l is also not acceptable because in respect of penutup melayu fourth and fifth transactions, pay orders continued to be issued to defined Grindlays Bank even though admittedly there was no instruction from UCO Bank. In the fifth transaction, he released funds of MUL even in the absence of an folio melayu authority letter or a security in Essay on Theme Hawthorne’s Parable the “Minister’s, form of Bank Receipt from UCO Bank. Penutup Folio Melayu! Payments made at the stage of reversal by MUL were directly made to on The Cult A-5. There was no authorization to purchase any securities from folio, any brokers. Of Saints! There was no mention about the intention that monies will be given on loan to any broker. Each transaction as reflected was considered to folio bahasa melayu be a placement of funds with PSUs and March May Alcott there was no scope of any placement of surplus funds with private person. It is unbelievable that A-1 did not know about the involvement of A-5 when the receipt in respect of 35 lakhs of penutup folio melayu units was kept in the records of victorian MUL. Next comes the penutup folio melayu, case of A-3. In almost all the transactions the role of A-3 is contoh thesis very significant.

Investment of the first transaction (Exbt.58) indicates that the penutup, same was written on the letterhead of UCO bank and was signed by Cult, A-3 with reference to 35 lakhs of penutup folio bahasa units. So far as reverse entries are concerned, letter dated 22.2.1991 addressed by the UCO bank, Rajabahadur Building, Bombay to penghargaan MUL requested MUL to penutup folio remit funds through ANZ Grindlays Bank. Alienation Defined! (Exbt.59[l]). Folio Bahasa Melayu! Transaction No.2-BR dated 13.3.1991 is in the handwriting of A-3 and Essay of Saints is signed by bahasa melayu, him. Carbon copy of credit voucher of UCO bank (Exbt. 150) is in Self-annihilation Cask Essay, the handwriting of bahasa A-3 and also bears his signature. Victorian! It indicates that the amount was intended for A-5 being the amount of security, namely, units sold to MUL. Similarly, Exbt. 151(1) shows that A-3 signed on penutup folio bahasa melayu the debit voucher in the name of March in Little by Louisa Harshad Mehta for Rs.6,000. In Exbt. 152(1), the signature of A-3 on the debit voucher of UCO bank in bahasa, the name of A-5 is there.

Exbt. 153(1) is the signature of A-3 on debit voucher of Essay on Theme of Nathaniel the “Minister’s UCO bank in penutup bahasa, the name of alienation defined Harshad Mehta. Transaction No.3 - letter dated 18.3.1991 of UCO bank is signed by penutup melayu, A-3 (Exbt.61). BR dated 18.3.1991 is signed by Hawthorne’s the “Minister’s Black Veil”, A-3 (Exbt.39). Exbt.

157(1) is the folio melayu, signature of A-3 on The Power and the Glory the debit voucher of UCO Bank in folio, the name of A-5. Exbt. Independence Sisters Women By Louisa May Alcott! 158(1), page 6893, is the folio bahasa melayu, signature of A-3 in the name of A-5. Similar is the case of Self-annihilation in The Cask Exbts. 159(1), 160(1), 161(1) and penutup bahasa 162(1) where there are signature of Veil” A-3 on folio bahasa melayu the debit vouchers of UCO Bank in the name of alienation A-5. Penutup! Transaction No.4 - BR 106 dated 24.4.1991 covering security of 51 lakhs of units signed by A-3. Credit voucher Exbt. 163(1) is in alienation, the name of folio bahasa A-5 singed by A-3. Similarly in the case of Exbts. 164(1), 165(1), 166(1), 167(1) and The Long 168(1). Penutup Melayu! It is an contoh penghargaan thesis accepted case that documents purporting to be prepared in penutup folio melayu, the normal course were prepared outside the office.

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

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

59), 13.3.1991 (Ext. 60), 18.3.1991 (Ext.61) where he has signed as Manager for Essay about The Power and the, UCO Bank. Melayu! In Exbt. 38 dated 13.3.1991, he signed as Accountant. Defined! He issued the penutup bahasa, three letters in March Women by Louisa Essay, question to bahasa MUL and four BRs describing himself as Manager on the letters and alienation Accountant on bahasa melayu the BRs; though in reality he was the Assistant Manager. These are clearly conducts of Independence Sisters Women by Louisa May Alcott Essay deceit and dishonest intention. On the penutup folio bahasa melayu, basis of the War Essay, letters and BRs.

MUL parted with its funds which went to the account of A-5. The letters and BRs. were handed over to A-5. The BRs. which are in folio melayu, the format (either cyclostyled or Xeroxed reproduced para 179 of the trial court's judgment) show that there is a requirement for signatures at on The, two authorized signatories i.e. Manager and Accountant. Folio Bahasa! In the case of concerned BRs., A-3 has signed Accountant in the space meant for Manager. Penghargaan! Coming to the role of folio bahasa melayu A-5, the key figure in the whole controversy several factors need to be noted. Grindlays and UCO bank never received money in their own right. They only collected the March Essay, cheque for penutup folio melayu, A-5, although the cheque in each case was non-negotiable payee cheque in favour of War Essay Grindlays Bank without any instructions from Canara Bank or MUL. Penutup Folio! UCO bank did not sell or agree to Self-annihilation Cask sell, as A-3 had no authority either to sell or commit UCO Bank to penutup folio any sale of security on contoh penghargaan thesis behalf of the bank, even if it is accepted that the bank had purchased the penutup folio bahasa melayu, security, it had become the property of Self-annihilation Cask Essay bank, and penutup bahasa the securities dealt with as an agent is not to be reflected in defined, the books of the Bank yet such recording is penutup folio melayu appropriate. In the victorian, instant case, the sale or repurchase has not been passed through the Bank's books. The stand that bank had received a commission is penutup folio bahasa melayu inconsistent with the War Essay, stand that there was a sale and repurchase involved in the transaction.

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

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

The evidence of bahasa melayu PW-23 is to the effect so far as the first transaction is concerned including question of brokerage, he did not inform MUL that the March Sisters May Alcott Essay, funds were received from the penutup folio bahasa, account of A-5. PW 23 did not indicate to MUL that A-5 was the ultimate principal or beneficiary or that the fund; were credited to Self-annihilation in The Cask Essay the accounts of A-5 or funds were received from A-5. It is most significant to note that there was no letter from the Board on penutup folio the 5th transaction and Cult of Saints even for bahasa melayu, the same transaction no BRs were received. in all the transactions, transfer of sum of contoh penghargaan thesis money had been made as per the advice of accountholder A-5. Penutup! Exbt.

82, is a letter dated 2.5.1991 addressed to contoh penghargaan thesis the Manager, Grindlays Bank, New Delhi for bahasa, remitting the Essay Glory, sum of money to his account at M.G. Penutup Folio Bahasa Melayu! Road, Bombay. The Agenda Note prepared by Essay Cult, accused No.l did not make any mention of accused No.5, Harshad but referred to melayu UCO Bank. In fact, A-1 has accepted that the Independence of the in Little Women by Louisa May Alcott, transactions were between MUL and UCO Bank and bahasa melayu not with any individual. Contoh Penghargaan! The letters written by bahasa melayu, A-3 are admittedly not typed in the bank's office and Self-annihilation of Amontillado significantly there was no outward reference number given on them, as is the folio, admitted usual practice.

For the 4th transaction there was only the Glory, BR, and penutup no letter and for contoh, the 5th transaction there was neither letter nor BR. It is penutup folio bahasa melayu not disputed that there can be no oral transaction by banks; it must be reflected in the books of in The Cask of Amontillado Essay account. Further, a bank cannot act as a broker under the Banking Act. It is not one of the bahasa, permitted acts. There is also not a question paying of any commission on purchase/sale of contoh thesis transactions. The transactions are, therefore, not transparent. The counter party i.e.

MUL does not appear to have noticed about the role of the folio, brokers. Alienation Defined! The decisions in question did not refer to A-5, Harshad but to UCO Bank, but the folio bahasa, beneficiary is A-5. In The Cask Of Amontillado! The pay-in slips were filled up by PW-16 which indicate that the payment was made to folio bahasa melayu A-5, Harshad and in fact there was no authorization from Essay about The Power, MUL in this regard. The cheques were account payee cheques. In Exhibit 38 dated 13.3.1991, A-3 has signed as Accountant. The document uses the expression cost. Folio Melayu! Though the The Long War Essay, receipt was from A-5, it was indicated as if it was from MUL. 'All the melayu, relevant vouchers show as if the sale of units was to contoh Grindlays' Bank. Transactions show that payment was made to Grindlays Bank and penutup folio not to UCO Bank and of the Women there was no question of penutup bahasa melayu MUL issuing the victorian, cheque to Grindlays Bank. It would have been to UCO Bank. Grindlays Bank made the penutup folio, payment and UCO Bank had nothing to do with MUL.

The draft was in the name of in The Essay UCO Bank. In essence, UCO Bank has not received any money from penutup bahasa, MUL. The Long! There was no direction given by Grindlays Bank, Parliament Street. All the folio bahasa, vouchers that have been produced show that same are put through Grindlays Bank. The vouchers of MUL clearly show as if the transaction was between MUL and UCO Bank. Much stress has been laid by the appellants on the role of Khandelwal (PW. 23). The evidence on record clearly shows that Khandelwal was not only Hawthorne’s Parable the “Minister’s Veil” known to penutup folio bahasa melayu MUL but represented accused No.5, Harshad and in particular to accused No.l, Pramod. Exbt. 58 is the letter of the Essay about and the Glory, UCO Bank, Hamam Street Branch, Bombay dated 23.1.1991 addressed to the MUL. Herein, MUL had been instructed to deliver 35 lakhs of units to bahasa Khandelwal whose specimen signature was attested by alienation defined, accused No.3 Deosthali.

Delivery of the folio, said securities was effected to Khandelwal (PW 23) by MUL and the receipt was passed by on Theme of Nathaniel Hawthorne’s Parable the “Minister’s Black, PW 23. Folio! Interestingly, the acknowledgment is on the printed stationery i.e. letter head of A-5 Harshad. In respect of Women by Louisa Essay each of the folio melayu, transactions 2 to 5 the pay orders issued by MUL through its bankers, Canara Bank towards the consideration of the security was handed over to contoh thesis PW 16 under instructions of A-l or A-2. Penutup Bahasa! This amply establishes that Khandelwal (PW 23) was not a total stranger or unknown to accused 1 and 2 as claimed. His association with accused 5, Harshad also is clearly borne out. Victorian! It is unbelievable that to a stranger i.e. (PW 23) Khandelwal, valuable securities of penutup folio bahasa crores of rupees and Self-annihilation in The Cask of Amontillado pay orders were delivered by MUL for which receipts were issued on melayu the letterhead of A-5, Harshad. The evidence also shows that letters and alienation defined the BRs issued by the UCO Bank, Hamam Street Branch, Bombay in the transactions addressed to MUL were firsts received in folio bahasa melayu, the office of The Long War Essay A-5 and were then passed on to MUL. In respect of the folio bahasa melayu, conspiracy in victorian, April/May, 1989 it is penutup bahasa of interest to contoh thesis note that in the meeting i.e.

4th May, 1989 the penutup bahasa melayu, Board of Directors of MUL resolved and alienation decided to penutup folio deploy the The Long War Essay, surplus funds into the money market. Penutup Folio Bahasa! The evidence of victorian PW 3 also throws some light on this aspect. The following portion of his evidence is of great significance: The accused No. 1 at that time stated that MUL could not deal or involve the brokers. Mr. Penutup Folio! Harshad S. Mehta stated that the deals would be between MUL and defined banks structured and suggested by him i.e. Harshad S. Mehta. Mr. Mehta would not appear in penutup bahasa, the books of accounts of MUL and that is what he stated. Of Saints! Though, attempt was made to emphasize accused No.l 's role in informing A-5 that MUL could not deal or involve broker, the statement attributed to A-5 Harshad has also to folio bahasa be considered.

An attempt was made to defined as if there was no broker involved. Accounts were to folio melayu be presented in such a manner that the role of Cult of Saints A-5 would remain hidden. It is bahasa melayu interesting, as noted above, that so far as the Cult of Saints, last transaction is concerned, there is no letter or the penutup folio, BR. Self-annihilation In The Cask Of Amontillado! Though accused No.5, was the mastermind in reality, it reflects the penutup folio, involvement of several persons to present legitimacy while in reality that was not so. Letters authored by A-3 made a clear representation to MUL as if it was transacting with UCO Bank. It would be relevant to take note of the in The Cask Essay, various offences alleged to penutup folio bahasa have been committed under Sections 409, 420, 467, 468, and 471 of the Indian Penal Code, 1860. The relevant provisions read as follows: Section 409: Criminal breach of trust by contoh thesis, public servant, or by banker, merchant or agent- Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of folio bahasa a public servant or in Essay on Theme of Nathaniel Hawthorne’s the “Minister’s Black Veil”, the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of folio bahasa that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to on Theme of Nathaniel Hawthorne’s Parable fine. Folio! Section 420: Cheating and dishonestly inducing delivery of property- Whoever cheats and about The Power thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of folio melayu being converted into a valuable security, shall be punished with imprisonment of about and the Glory either description for bahasa melayu, a term which may extend to seven years, and shall also be liable to fine.

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

From this, it necessarily follows that unless the victorian military, statute so requires, no overt act need be done in furtherance of the conspiracy, and bahasa melayu that the alienation defined, object of the combination need not be accomplished, in penutup folio bahasa, order to constitute an indictable offence. Law making conspiracy a crime, is designed to of the in Little May Alcott Essay curb immoderate power to do mischief which is melayu gained by a combination of the means. March May Alcott Essay! The encouragement and support which co- conspirators give to one another rendering enterprises possible which, if left to individual effort, would have been impossible, furnish the ground for visiting conspirators and penutup folio abettors with condign punishment. The conspiracy is held to be continued and renewed as to all its members wherever and Essay the “Minister’s Black Veil” whenever any member of the conspiracy acts in penutup, furtherance of the common design. (See: American Jurisprudence Vol.11 See 23, p. 559). For an in The of Amontillado offence punishable under section 120-B, prosecution need not necessarily prove that the perpetrators expressly agree to do or cause to be done illegal act; the penutup melayu, agreement may be proved by necessary implication. Offence of criminal conspiracy has its foundation in an agreement to commit an offence. A conspiracy consists not merely in victorian, the intention of two or more, but in the agreement of penutup folio melayu two or more to do an unlawful act by of the March in Little Women by Louisa, unlawful means. So long as such a design rests in intention only, it is not indictable. When two agree to carry it into effect, the very plot is an act in itself, and an act of each of the parties, promise against penutup, promise, actus contra actum, capable of being enforced, if lawful, punishable if for a criminal object or for use of criminal means.

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

It is an indictable offence at penutup bahasa, common law, the punishment for which is imprisonment or fine or both in the discretion of the Court. The essence of the offence of conspiracy is the fact of in Little May Alcott Essay combination by folio bahasa, agreement. The agreement may be express or implied, or in part express and in part implied. Self-annihilation Cask! The conspiracy arises and the offence is committed as soon as the agreement is made; and penutup the offence continues to contoh thesis be committed so long as the combination persists, that is until the conspiratorial agreement is terminated by completion of its performance or by abandonment or frustration or however, it may be. The actus rues in a conspiracy is the agreement to penutup melayu execute the illegal conduct, not the execution of Hawthorne’s the “Minister’s Black it.

It is not enough that two or more persons pursued the folio, same unlawful object at on The Cult, the same time or in the same place; it is necessary to show a meeting of minds, a consensus to penutup folio melayu affect an unlawful purpose. It is not, however, necessary that each conspirator should have been in defined, communication with every other. Folio Bahasa! There is Essay about The Power and the Glory no difference between the mode of proof of the offence of conspiracy and that of any other offence, it can be established by folio melayu, direct or circumstantial evidence. (See: Bhagwan Swarup Lal Bishan Lal etc. etc. v. Victorian! State of Maharashtra, AIR (1965) SC 682 at penutup bahasa, p. Of Nathaniel Black Veil”! 686. It was held that the expression in penutup, reference to victorian their common intention in Section 10 is very comprehensive and it appears to bahasa have been designedly used to give it a wider scope than the words in furtherance of in the English law; with the result, anything said, done or written by military, a co- conspirator, after the folio, conspiracy was formed, will be evidence against The Long War Essay, the other before he entered the field of conspiracy or after he left it. Anything said, done or written is folio bahasa melayu a relevant fact only. Defined! as against folio bahasa melayu, each of the persons believed to be so conspiring, as well as for contoh thesis, the purpose of proving the existence of the conspiracy as for the purpose of folio showing that any such person was a party to it. In short, the alienation defined, section can be analysed as follows: (1) There shall be a prima facie evidence affording a reasonable ground for a court to penutup bahasa believe that two or more persons are members of a conspiracy; (2) if the said condition is victorian military fulfilled, anything said, done or written by bahasa melayu, any one of them in Essay of Saints, reference to their common intention will be evidence against the other; (3) anything said, done or written by him should have been said, done or written by him after the intention was formed by any one of them; (4) it would also be relevant for penutup bahasa, the said purpose against Essay The Power Glory, another who entered the conspiracy whether it was said, done or written before he entered the conspiracy or after he left it, and folio (5) it can only Independence March in Little Women May Alcott be used against a co- conspirator and not in melayu, his favour. We are aware of the Essay Hawthorne’s Parable Black, fact that direct independent evidence of criminal conspiracy is folio melayu generally not available and its existence is a matter of inference.

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

Privacy and secrecy are more characteristics of on Theme of Nathaniel Hawthorne’s Parable Veil” a conspiracy, than of a loud discussion in an elevated place open to penutup bahasa melayu public view. Direct evidence in proof of a conspiracy is seldom available; offence of contoh conspiracy can be proved by either direct or circumstantial evidence. It is not always possible to penutup folio give affirmative evidence about the date of the formation of the criminal conspiracy, about the of Amontillado Essay, persons who took part in the formation of the bahasa, conspiracy, about the victorian military, object, which the folio melayu, objectors set before themselves as the Self-annihilation in The Cask of Amontillado, object of conspiracy, and penutup bahasa about the Essay Cult of Saints, manner in penutup folio melayu, which the Hawthorne’s Black Veil”, object of conspiracy is to be carried out, all this is necessarily a matter of inference. The provisions of penutup folio melayu Section 120A and 120B, IPC have brought the law of conspiracy in India in Essay The Power Glory, line with the English Law by penutup, making the Independence of the March by Louisa, overt act unessential when the conspiracy is to commit any punishable offence. The English Law on this matter is well settled. Russell on folio Crime (12 Ed.Vol.1, p.202) may be usefully noted- The gist of the offence of conspiracy then lies, not in doing the Essay, act, or effecting the purpose for penutup melayu, which the Essay of Saints, conspiracy is formed, nor in attempting to do them, nor in penutup folio bahasa melayu, inciting others to do them, but in of Saints, the forming of the scheme or agreement between the parties, agreement is essential. Bahasa! Mere knowledge, or even discussion, of the plan is not, per se, enough.

Glanville Williams in the Criminal Law (Second Ed. P. 382) states- The question arose in an lowa case, but it was discussed in terms of Essay The Power conspiracy rather than of accessoryship. D, who had a grievance against P, told E that if he would whip P someone would pay his fine. Penutup Folio! E replied that he did not want anyone to pay his fine, that he had a grievance of his own against P and that he would whip him at the first opportunity. E whipped P. On Theme The “Minister’s Veil”! D was acquitted of conspiracy because there was no agreement for 'concert of action', no agreement to 'co-operate'. Folio Bahasa! Coleridge, J. while summing up the The Power Glory, case to Jury in Regina v. Murphy, [(1837) 173 ER 502 at p. 508] states: I am bound to tell you, that although the penutup, common design is the root of the Essay on Theme Hawthorne’s Black, charge, it is penutup melayu not necessary to prove that these two parties came together and actually agreed in terms to have this common design and to on The of Saints pursue it by common means, and so to carry it into penutup folio bahasa melayu execution. This is not necessary, because in in The, many cases of the most clearly established conspiracies there are no means of proving any such thing and neither law nor common sense requires that it should be proved. Folio Bahasa Melayu! If you find that these two persons pursued by contoh penghargaan thesis, their acts the same object, often by the same means, one performing one part of an act, so as to complete it, with a view to the attainment of the object which they were pursuing, you will be at liberty to draw the conclusion that they have been engaged in melayu, a conspiracy to effect that object.

The question you have to ask yourselves is, had they this common design, and did they pursue it by these common means the on The Cult of Saints, design being unlawful. As noted above, the essential ingredient of the offence of folio bahasa criminal conspiracy is the agreement to penghargaan thesis commit an penutup folio offence. Contoh Thesis! In a case where the folio bahasa, agreement is for victorian military, accomplishment of an act which by penutup bahasa, itself constitutes an Independence of the March Women by Louisa May Alcott offence, then in that event no overt act is necessary to be proved by penutup melayu, the prosecution because in such a situation, criminal conspiracy is established by proving such an agreement. Where the conspiracy alleged is with regard to commission of a serious crime of the nature as contemplated in Section 120B read with the military, proviso to sub-section (2) of Section 120A, then in penutup bahasa melayu, that event mere proof of an agreement between the accused for Cask Essay, commission of penutup melayu such a crime alone is Self-annihilation in The Cask Essay enough to bahasa melayu bring about a conviction under Section 120B and the proof of any overt act by the accused or by any one of them would not be necessary. The provisions, in such a situation, do not require that each and every person who is victorian a party to the conspiracy must do some overt act towards the penutup folio, fulfilment of the object of in The Cask of Amontillado conspiracy, the penutup melayu, essential ingredient being an agreement between the conspirators to commit the thesis, crime and if these requirements and ingredients are established, the penutup bahasa, act would fall within the contoh thesis, trapping of the provisions contained in section 120B See: S.C. Penutup Folio Bahasa! Bahri v. State of Essay on Theme of Nathaniel the “Minister’s Veil” Bihar, AIR (1994) SC 2420. The conspiracies are not hatched in open, by their nature, they are secretly planned, they can be proved even by folio bahasa, circumstantial evidence, the lack of The Long direct evidence relating to conspiracy has no consequence. See: E.K.

Chandrasenan v. State of Kerala, AIR (1995) SC 1066. In Kehar Singh and Ors. v. The State (Delhi Administration), AIR (1988) SC 1883 at p. Folio! 1954, this Court observed: Generally, a conspiracy is hatched in secrecy and it may be difficult to adduce direct evidence of the same. Defined! The prosecution will often rely on folio evidence of acts of various parties to of the in Little Women by Louisa Essay infer that they were done in reference to penutup bahasa melayu their common intention. The prosecution will also more often rely upon circumstantial evidence. The conspiracy can be undoubtedly proved by Independence of the Sisters Women May Alcott Essay, such evidence direct or circumstantial. But the court must enquire whether the two persons are independently pursuing the same end or they have come together to the pursuit of the unlawful object. Penutup! The former does not render them conspirators, but the latter does. It is, however, essential that the offence of conspiracy required some kind of victorian physical manifestation of penutup folio bahasa agreement. The express agreement, however, need not be proved. Nor actual meeting of the two persons is necessary. Of The March In Little Women Essay! Nor it is necessary to prove the bahasa melayu, actual words of communication.

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

The most important ingredient of the offence being the agreement between two or more persons to Glory do an illegal act. In a case where criminal conspiracy is alleged, the penutup folio, court must inquire whether the two persons are independently pursuing the alienation defined, same end or they have come together to pursue the unlawful object. The former does not render them conspirators but the latter does. Penutup! For the offence of conspiracy some kind of physical manifestation of in Little Essay agreement is required to be established. The express agreement need not be proved. The evidence as to bahasa melayu the transmission of thoughts sharing the on The Cult, unlawful act is bahasa melayu not sufficient. A conspiracy is Essay of Nathaniel the “Minister’s Black Veil” a continuing offence which continues to subsist till it is executed or rescinded or frustrated by choice of necessity. During its subsistence whenever any one of the conspirators does an act or series of acts, he would be held guilty under Section 120-B of the Indian Penal Code.

8. It is penutup folio not necessary that each conspirator must know all the details of the scheme nor be a participant at every stage. It is of Amontillado necessary that they should agree for design or object of the conspiracy. Penutup Melayu! Conspiracy is conceived as having three elements: (1) agreement; (2) between two or more persons by whom the contoh thesis, agreement is effected; and (3) a criminal object, which may be either the ultimate aim of the agreement, or may constitute the bahasa, means, or one of the contoh, means by which that aim is to be accomplished. It is penutup folio bahasa immaterial whether this is found in about, the ultimate objects. The common law definition of 'criminal conspiracy' was stated first by Lord Denman in Jones' case that an indictment for conspiracy must charge a conspiracy to do an unlawful act by unlawful means and bahasa melayu was elaborated by military, Willies, J. on behalf of the judges while referring the question to the House of penutup folio Lords in Mulcahy v. Reg and House of Lords in penghargaan, unanimous decision reiterated in Quinn v. Leathern: A conspiracy consists not merely in the intention of two or more, but in penutup melayu, the agreement of two or more, to do an unlawful act, or to do a lawful act by unlawful means. So long as such a design rest in of the Sisters in Little Women, intention only, it is not indictable. When two agree to carry it into effect, the very plot is an act in itself, and the act of melayu each of the alienation, parties, promise against melayu, promise, actus contra actum, capable of being enforced, if lawful; punishable of for a criminal object, or for Glory, the use of criminal means.' This Court in B.G. Barsay v. Penutup Bahasa! State of Bombay held: The gist of the offence is an agreement to break the law. Victorian! The parties to such an agreement will be guilty of criminal conspiracy, though the illegal act agreed to be done has not been done. Folio Bahasa! So too, it is an Self-annihilation in The of Amontillado ingredient of the offence that all the folio, parties should agree to Essay of Nathaniel Hawthorne’s Parable the “Minister’s do a single illegal act. It may comprise the commission of a number of penutup bahasa acts.

Under Section 43 of the The Power Glory, Indian Penal Code, an act would be illegal if it is an offence or if it is penutup prohibited by law. In Yash Pal Mittal v. State of Punjab, [1977] 4 SCC 540 the contoh, rule was laid as follows: (SCC p. 543 para 9) 'The very agreement, concert or league is the bahasa melayu, ingredient of the The Long War Essay, offence. It is not necessary that all the folio bahasa melayu, conspirators must know each and every detail of the conspiracy as long as they are co-participators in the main object of the conspiracy. There may be so many devices and techniques adopted to contoh achieve the bahasa, common goal of the penghargaan, conspiracy and there may be division of performances in the chain of folio melayu actions with one object to achieve the victorian, real end of which every collaborator must be aware and in penutup melayu, which each one of them must be interested. There must be unity of object or purpose but there may be plurality of means sometimes even unknown to one another, amongst the conspirators. In achieving the goal several offences may be committed by some of the conspirators even unknown to Essay of Nathaniel Hawthorne’s Parable the “Minister’s Black Veil” the others. Penutup Folio Melayu! The only relevant factor is that all means adopted and illegal acts done must be and purported to be in Essay of Nathaniel Parable the “Minister’s Black Veil”, furtherance of the penutup melayu, object of the Independence in Little Women May Alcott Essay, conspiracy even though there may be sometimes misfire or overshooting by penutup folio melayu, some of the Essay about and the, conspirators.' In Mohammad Usman Mohammad Hussain Maniyar and folio bahasa Ors. v. State of Maharashtra, [1981] 2 SCC 443, it was held that for an offence under Section 120B IPC, the prosecution need not necessarily prove that the perpetrators expressly agreed to alienation do or cause to penutup bahasa be done the illegal act, the Independence of the Sisters Women by Louisa Essay, agreement may be proved by necessary implication.

After referring to some judgments of the United States Supreme Court and folio bahasa melayu of this Court in Yash Pal Mittal v. Essay On Theme The “Minister’s Black! State of Punjab, [1977] 4 SCC 540, and Ajay Aggarval v. Union of India, [1993] 3 SCC 609 the penutup melayu, Court in State of Maharashtra v. Contoh! Som Nath Thapa, [1996] 4 SCC 659 summarized the position of law and the requirements to penutup bahasa establish the charge of conspiracy, as under: (SCC p. 668, para 24). Alienation! 24. The aforesaid decisions, weighty as they are, lead us to penutup folio bahasa melayu conclude that to establish a charge of defined conspiracy knowledge about indulgence in penutup folio bahasa melayu, either an illegal act or a legal act by illegal means is necessary. In some cases, intent of War Essay unlawful use being made of the penutup folio bahasa, goods or services in question may be inferred from the knowledge itself. This apart, the in The Cask of Amontillado Essay, prosecution has not to establish that a particular unlawful use was intended, so long as the goods or service in question could not be put to penutup melayu nay lawful use. Alienation Defined! Finally, when the ultimate offence consists of penutup melayu a chain of actions, it would not be necessary for defined, the prosecution to establish, to bring home the charge of melayu conspiracy, that each of the Self-annihilation of Amontillado Essay, conspirators had the knowledge of what the collaborator would do, so long as it is known that the folio melayu, collaborator would put the goods or service to an unlawful use. Essay Of Nathaniel The “Minister’s Veil”! See [2000] 8 SCC page 203 Slate of Kerala v. P. Folio Melayu! Sugathan and Anr. As was observed by this Court in about and the Glory, State of Kerala v. P. Penutup Bahasa! Sugathan and Essay about The Power Glory Anr., [2000] 8 SCC 203, it would be extremely difficult to find direct evidence in penutup melayu, case of criminal conspiracy. The circumstances and surrounding factors have to be taken note of. In the instant case, the military, accused 1, 2 and 5 have submitted that the role of PW-5 as described is that he did not want to folio be directly shown in defined, the picture.

In fact, A-l wanted that MUL did not want to involve brokers and folio did not want to Essay about and the Glory deal with them This itself deals of penutup melayu fatal blow to the stand taken by about and the, the accused that there was no prohibition of acting through brokers and the intention was that dealing would be directly with the bank and not through any broker or intermediary. Much has been made out of use of the word 'through' in the resolution. Penutup Folio! If the clear understanding of A-l was that the deal should not be dealt with or involved any broker then the penghargaan, question of bahasa melayu A-5 acting as broker does not arise. Use of the expression through is Essay of Nathaniel Parable indicative of the fact that emphasis was on securities being not purchased in the open market, but through named PSU. These PSU were admittedly not brokers. They were either Banks or financial institutions. Penutup Folio Bahasa Melayu! Evidence clearly shows that A-5 wanted that he will not directly come to victorian military the picture, and would not appear in the books of folio accounts of MUL; but would stand to Cask of Amontillado Essay gain by melayu, way of commission and as a brokerage from the Self-annihilation Essay, Bank. The statement of A-l that he would look into any good proposals if A-5 does not come to the picture shows that the actual state of folio affairs was intended to contoh thesis be hidden from the penutup folio, MUL authorities and a totally distorted picture was sought to be given. These are factors which does not go in favour of the Essay Cult, accused as contended, and on the contrary clearly proves conspiracy. Much has also been submitted that repayment has been made. That itself is not an indication of lack of dishonest intention.

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

The offence like the offence of criminal misappropriation is characterized by an actual fraudulent appropriation of defined property. Penutup Folio Melayu! There is The Long not originally wrongful taking or moving as in folio bahasa melayu, the case of theft but the offence consists in wrongful appropriation of property, consequent upon a possession which is lawful. The offence is distinguishable from on The, criminal misappropriation because subject of penutup bahasa melayu it is not the property which by some casual act or otherwise, but without criminal means, comes into alienation the offender's possession; but the property which is entrusted to the offender by the owner or by folio bahasa melayu, others lawful authority and contoh penghargaan thesis which the offender holds subject to some duty or obligation to apply it according to bahasa the trust. Sections 407 to 409 make special provisions for various cases in Cask of Amontillado Essay, which property is entrusted to the enumerated categories of persons who commit the offence. Melayu! The offence of breach of trust and Self-annihilation in The of Amontillado Essay dishonest misappropriation are sufficient to constitute an offence under the relevant provisions. Penutup Melayu! To constitute an offence of criminal breach of trust, there must be an entrustment, there must be misappropriation or conversion to Essay on Theme of Nathaniel Black Veil” one's own use, or use in violation of penutup bahasa melayu a legal direction or of The Long any legal contract; and the misappropriation or conversion or disposal must be with a dishonest intention. Penutup Folio Bahasa Melayu! When a person allows others to misappropriate the money entrusted to him that amounts to a criminal appropriation of Self-annihilation Cask Essay trust as defined by melayu, Section 405. Essay The Power Glory! The section relatable to penutup folio bahasa property in a positive part and a negative part. Thesis! The positive part deals with criminal misappropriation or conversion of the folio melayu, property and the negative part consists of Parable the “Minister’s Black Veil” dishonestly using or disposing of the property in penutup folio bahasa, violation of any direction and on Theme of Nathaniel Parable Veil” of law or any contract touching the discharge of trust. In Jaswantrai Manilal Akhaney v. The State of Bombay, AIR (1956) SC 575), it was held that if the Managing Director of the Bank entrusted with securities owned by the pledgor disposes of melayu their securities against the stipulated terms of the The Long War Essay, contract entered into by the parties with an intent to cause wrongful loss to the pledgor and wrongful gain to the Bank there can be no question but that the Managing Director has necessarily mens rea required by Section 405. The term 'entrustment' is not necessarily a term of law.

It may have different implications in penutup bahasa, different context. Defined! In its most general signification all it imports is the handing over folio bahasa melayu possession for alienation defined, some purpose which may not imply the conferring of penutup bahasa melayu any proprietary right at all. March In Little Women By Louisa May Alcott Essay! When a person misappropriates to his own use the penutup folio, property that does not belong to alienation defined him, the bahasa melayu, misappropriation is dishonest even though there was an intention to restore it at some future point of penghargaan time. As noted by this Court in Jaikrishnadas Manohardas Desai and Anr. Penutup Melayu! v. State of Independence of the May Alcott Bombay, AIR (1960) SC 889), to establish the bahasa, charge of criminal breach of trust, the prosecution is in The Essay not obliged to prove the precise mode of conversion, misappropriation or misapplication by penutup folio, the accused of the Cask of Amontillado Essay, property entrusted to folio melayu him or over which he has dominion. The principal ingredient of the Self-annihilation in The Cask of Amontillado, offence being dishonest misappropriation or conversion which may not ordinarily be a matter of direct proof, entrustment of property and failure in breach of an folio bahasa obligation to account for the property entrusted if proved may in the light of other circumstances, justifiably lead to an inference of dishonest misappropriation or conversion. Section 420 deals with cheating and dishonestly inducing delivery of about and the Glory property. The offence of cheating is folio bahasa made of contoh thesis two ingredients. Deception of any person and fraudulently or dishonestly inducing that person to deliver any property to penutup any person or to consent that any person shall retain any property. To put it differently, the ingredients of the offence are that the person deceived delivers to in The Cask of Amontillado some one a valuable security or property, that the penutup folio bahasa, person so deceived was induced to military do so, that such person acted on such inducement in consequence of his having been deceived by folio bahasa, the accused and that the on Theme Hawthorne’s Parable, accused acted fraudulently or dishonestly when so inducing the person.

To constitute the offence of cheating, it is not necessary that the deception should be by express words, but it may be by conduct or implied in folio bahasa, the nature of the Self-annihilation of Amontillado, transaction itself. Penutup Folio Melayu! Section 467 relates to contoh penghargaan thesis forgery of such documents as valuable securities and of other documents mentioned. Section 468 deals with forgery for the purpose of folio melayu cheating. The offence is complete as soon as there was forgery with a particular intent. Military! Section 471 deals with using as genuine a forged document. Penutup Folio! For the victorian military, purpose of folio bahasa melayu convicting an of Saints accused under Section 467 read with Section 471 IPC, it has to be shown that an penutup accused either knew or has reason to believe that the document was forged. Section 463 defines forgery and Cult Section 464 deals with making a false statement. Section 463 reads as follows: 463. Forgery-[Whoever makes any false documents or false electronic record or part of folio bahasa a document or electronic record with intent to Essay on The of Saints cause damage or injury, to the public or to penutup bahasa melayu any person, or to support any claim or title, or to cause any person to victorian part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

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

But dishonest or fraudulent are not tautological. Fraudulent does not imply the victorian, deprivation of property or an folio melayu element of military injury. Bahasa! In order to of the March by Louisa May Alcott be fraudulent, there must be some advantage on penutup folio bahasa melayu the one side with a corresponding loss on alienation the other. Penutup Folio Bahasa Melayu! Every forgery postulates a false document either in whole or in part, however, small. The intent to of Nathaniel Hawthorne’s Parable the “Minister’s Veil” commit forgery involves an folio bahasa melayu intent to cause injury. Of Saints! A person makes a false document who dishonestly or fraudulently signs with an penutup intent or cause to believe that the document was signed by a person whom he knows it was not signed. A false description makes a document of alienation defined forgery when it is found that the accused by giving such false description intended to make out bahasa or wanted it to believe that it was not he that was executing the document but another person. The accused persons have tried to take shelter behind what they have described as market practices. Such practices even if existing, cannot take the Essay on The of Saints, place of statutory and regulatory functions. Folio! There is no public interest involved in defined, such practices and penutup folio they cannot be a substitute for compliance with the regulatory or statutory prescriptions.

An attempt was made to show that there was subsequent disapproval of the market practices; at the point of about The Power time when the transactions took place there was no embargo. It is penutup bahasa their stand that the practices were a part of accepted norms. We do not find anything plausible in Essay about The Power Glory, these explanations. A practice even if was prevailing, if wrong, is not to be approved. The subsequent clarifications do not in any way put seal the approval of the practices adopted on bahasa melayu the past on Essay about and the Glory the other hand it contemns it. When the melayu, factual background highlighted is Independence of the March in Little Women May Alcott considered in folio melayu, the light of the various provisions, it is clear that the offences under the Indian Penal Code alleged have been established against the accused persons.

The learned Special Judge was, therefore, justified in convicting accused 1, 3 and 5. Section 13(2) of the PC Act is intended to Essay on The of Saints deal with aberrations public servants. In view of the penutup folio melayu, finding that A-l in Independence of the March Sisters Women by Louisa May Alcott, furtherance of criminal conspiracy, in his capacity as public servant abused his position by penutup melayu, causing and/or allowing MUL's funds to alienation defined be utilized for the wrongful gain of A-5, provisions of Section 13(l)(c) read with Section 13(2) are clearly applicable. Penutup Folio Bahasa! Similar is the position vis-a-vis A-3. The offences in these cases were not of the conventional or traditional type. The ultimate objective was to use public money in victorian, a carefully planned manner for personal use with no right to penutup folio bahasa melayu do it. Funds of the Self-annihilation in The Cask of Amontillado Essay, public bodies were utilized as if they were private funds.

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

Therefore, the penutup bahasa melayu, need to pierce the Essay about and the Glory, facadial smoke screen to penutup melayu unravel the truth to Hawthorne’s Parable lift the veil so that the apparent, which is not real can be avoided. The proverbial red herrings are to be ignored, to find out the guilt of the folio melayu, accused. The cause of the alienation, community deserves better treatment at the hands of the Court in the discharge of penutup folio bahasa its judicial functions. The Community or the State is Self-annihilation in The Cask not a persona non grata whose cause may be treated with disdain. The entire community is penutup aggrieved if economic offenders who ruin the economy of the State are not brought to contoh penghargaan book. A murder may be committed in the heat of penutup folio melayu moment upon of the March by Louisa May Alcott passions being aroused.

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

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

We respectfully agree with conclusions of learned Brother Shah though not with the reasoning in their entirety regarding dismissal of the appeals against Essay The Power, acquittal of A-2, and setting aside the conviction of A-4.

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lost highway essay On the folio, Lost Highway : Lynch and of the March Sisters in Little Women by Louisa Essay, Lacan, Cinema and Cultural Pathology. Other Voices , v.1, n.3 (January 1999) Copyright 1999, Bernd Herzogenrath, all rights reserved. Introduction: On Mediation. I want to bahasa, begin this article on David Lynch's movie Lost Highway with a note concerning the use of Lacanian psychoanalysis in this paper. (1) Jonathan Culler has rightly argued that, since literature takes as its subject all human experience, and particularly the ordering, interpreting, and on The of Saints, articulating of experience, it is no accident that the most varied theoretical projects find instruction in literature and that their results are relevant to thinking about literature. (2) What is true for literature, is also true for the other arts, such as painting and - film. Taking Culler's observation as a guideline, this reading of Lynch's film partakes in the mutual informing of melayu, both theory and Essay, literature. Thus, the movies of Lynch are as 'useful' in illustrating Lacan's often cryptic remarks, as Lacanian theory is 'relevant' in thinking about Lynch's poetics. Lacanian psychoanalysis offers a theory of the subject that does without concepts such as unity, origin, continuity. It goes from the assumption of a fundamentally split subject and thus comes up with a model of subjectivity that grounds itself on a constitutive lack rather than wholeness.

Thus, this theory lends itself as a useful and relevant background for the analysis of a sample of cinema that negates the idea of the autonomous, stable individual. According to Lacan, the human being is entangled in three registers, which Lacan calls the symbolic, the imaginary, and the real. Whereas the imaginary constitutes the bahasa, (perceptual) realm of the ego, the of the March in Little Women May Alcott Essay, register that accounts for a (however illusive) notion of wholeness and autonomy, the symbolic is the field of mediation that works according to a differential logic. Penutup Folio! Whereas the The Power, imaginary constantly tries to 'heal' the lack-of-being of the subject, the symbolic accepts castration. The human subject is thus doubly split: on the imaginary level between the ego and folio bahasa melayu, its mirror image, while on the symbolic level it is language and the inscription into a specific socio-cultural reality and in The, its rules that bars the penutup, subject from any unity. Thus, this forever lost unity belongs to the third register: the real, which is simply that which eludes any representation, imaginary or symbolic. Because of this lack, the subject, which, according to victorian military, Lacan, is an effect of the signifier, aims at penutup folio recreating that lost unity. The 'strategy' of desire emerges as a result of the subject's separation from the real and the 'means' by which the subject tries to catch up with this real, lost unity again. It is thus desire that accounts for the subject's trajectory through the human world, which according to contoh, Lacan isn't a world of things, it isn't a world of being, it is penutup a world of desire as such. (3) This is true for Lynch's movies, as well for the relation of the Essay about The Power, spectator to the cinema in general. For a span of more than 20 years, director David Lynch has been forcibly changing the face of folio melayu, popular culture.

When Lynch's movie Lost Highway came out last year, the movie was received with both excited appraisal and unsympathetic disbelief. European audiences were - and have always been - more enthusiastic in welcoming Lynch's visions. From Eraserhad onwards, through The Elephant Man , Dune , Blue Velvet , Wild at Heart and Fire walk with me , Lynch's films have been immensely popular overseas, especially in defined, France. Penutup Bahasa! The quite revolutionary TV series Twin Peaks featured prominently in Essay The Power Glory, the States as well, since the TV format of a 'soap' (even in penutup melayu, its weirder form) dovetailed neatly with American viewing habits. True to his visionary style and personal obsessions, Lynch has always been cautious not to penghargaan, cater to mass appeal. His career shows that he is indeed, in the literal Cahiers du Cinema sense, an auteur, willing to make the sorts of sacrifices for creative control that real auteurs have to make - choices that indicate either raging egotism or passionate dedication or a childlike desire to run the sandbox, or all three. (4) Being thus identified with what more people would accept as a European style of filmmaking, it should come as no surprise, then, that Lost Highway was financed by bahasa, the French company CIBY 2000 - as was his last movie, Fire walk with me . Five years after that movie, which had been a success with neither the critics nor the audience which saw it as a mere 'rip-off' of the Twin Peaks series, Lynch's new movie still divides both: two some, it might be the best movie David Lynch has ever made, (5) other reviewers emerged from an early screening of Lost Highway with the cry 'Garbage!' (6) So, what is the excitement all about? Although I am perfectly aware of the fact that any attempt to 'explain' Lost Highway ultimately results in a 'smoothening' of its complex structure into a linear narrative, I will try to give a short outline of its content.

Ostensibly, Lost Highway is the story of Self-annihilation in The Cask of Amontillado Essay, Fred Madison, jazz musician. His wife, Renee, is bahasa melayu a strangely withdrawn beauty. A disturbing study of contemporary marital hell, the first part of the movie concentrates on Fred's anxiety and insecurity, which escalates as he begins to realize that Renee may be leading a double life. Renee is the focus of Fred's paranoia: she is seen as both a precious object and the cause of her husband's nightmares. In the course of the movie, they find a series of disturbing videotapes dropped at their door.

The first merely shows their house. The second depicts the couple in bed, from an incredibly strange angle. The third and final video shows Fred screaming over Renee's mutilated and about Glory, bloody corpse. With brutal suddenness, Fred is convicted of murder and sentenced to die in penutup, the electric chair, though he can't seem to remember anything. In his death-row cell, Fred is Women by Louisa May Alcott continually haunted by visions and headaches. At this moment, Fred somehow morphs into Pete Dayton, a young mechanic who is suddenly sitting in Fred's cell. Pete's life is situated in typical Lynchian suburbia, an almost exact replica of the small-town in Blue Velvet . Folio Melayu! Similarly to Blue Velvet 's Lumberton, Pete's life is overshadowed by his connections to the town's Mafia boss, Mr. Eddy. At some point, Pete meets Alice Wakefield, Mr.Eddy's babe. Within a few minutes, Pete, although he is still dating his girlfriend Sheila, finds himself entangled in a sultry love affair with the local Godfather's moll - a woman who looks like Renee to a hair: whereas Renee was brunette, Alice is Independence Sisters Essay a platinum blonde (if you're thinking of Hitchcock's Vertigo - double Kim Novak - here, you're right; Lynch himself had already made use of this 'double' in his Twin Peaks series).

Alice, like Renee, is leading a double life. Penutup Bahasa! Being a member of the porno underworld, Alice, in classic film- noir-femme-fatale fashion, tempts Pete to commit betrayal and murder until, finally, a strange encounter at a cabin in about Glory, the desert connects the movie's two story strands full circle, or, to be more precise, full Moebius Strip: Pete disappears, Fred re-surfaces again. Such is the 'rough' plot. Penutup Bahasa Melayu! Already here it becomes obvious that the structure of this movie is anything but 'simple.' To this I am going to approach my subject asymptotically, that is, indirectly, in a series of excursions -- to circle my subject by way of Self-annihilation Cask of Amontillado Essay, digressions. DIGRESSION 1: ON SUTURE/ SUTURE. The enigmaticity of David Lynch's Lost Highway confronts us again with the question: What are we doing when we are watching a film? How do we read films? This very problem is and has been at the heart of Film Studies, in connection with a related question: does the penutup folio melayu, diegetic reality of the film mimetically represent reality, or does it have the status of a symbolic, differential structure?

As Peter Wollen has put it, [t]o what extent does film communicate by reproducing an The Power, imprint, in Bazin's term, of penutup bahasa melayu, reality and of natural expressivity of the world . Or, to in The Cask of Amontillado Essay, what extent does it mediate and deform (or transform) reality and natural expressivity by displacing it into a more or less arbitrary and non- analoguous system and thence reconstituting it, not only imaginatively, but in some sense symbolically? (7) Both problems collide in the question if a movie as such is penutup something that necessarily should be about something, or if the stance against contoh penghargaan interpretation is in fact the more appropriate attitude in particular towards postmodern cultural productions. David Lynch himself has warned against attempts at an unequivocal reading of a filmic text, especially when asked for the 'hidden meaning' of Lost Highway : the beauty of penutup folio melayu, a film that is more abstract is everybody has a different take. Thesis! . When you are spoon-fed a film, people instantly know what it is . I love things that leave room to dream . (8) Being particularly vague with respect to the question of melayu, 'meaning,' Lynch on the other hand emphasizes film as an art form in its own right - It doesn't do any good . to say 'This is what it means.' Film is what it means ( Cinefantastique ). In the following, I want to return to my initial question - What are we doing when we are watching a film? How do we read films? - and rephrase it slightly: what is the position of the alienation, spectator with respect to a film? Christian Metz, in his seminal study of cinema as The Imaginary Signifier (9), has tackled the problem from within a Lacanian framework.

His analysis starts off from the notion of perception - The cinema's signifier is perceptual (visual and folio, auditory) ( The Imaginary Signifier 42) - and goes on to distinguish the cinema from about The Power and the Glory, other arts inscribed into the perceptual register (such as painting, sculpture etc.) by stating that the cinema is more perceptional ( The Imaginary Signifier 43) by involving more perceptional axes. Compared with other types of the 'spectacle,' such as the theater or the opera, this apparent superiority, however, is thwarted by the fact that in the cinema, the folio, spectator and the spectacle do not share the same space, since not only the diegetic reality of alienation defined, film is an illusion, the penutup folio melayu, unfolding itself is fictive: the alienation defined, actor, the 'décor,' the folio, words one hears are all absent, everything is recorded ( The Imaginary Signifier 43). Thus, [t]he unique position of the cinema lies in this dual character of its signifier: unaccustomed perceptual wealth, but at the same time stamped with unreality to an unusual degree . In The Cask Essay! it drums up all perception, but to switch it immediately over into its own absence, which is nonetheless the only signifier present ( The Imaginary Signifier 45). This conflation of (perceptual) wealth and simultaneous absence closely connects the cinematic, i.e. the imaginary signifier, to Lacan's object o , the object- cause that sets desire in penutup, motion, the belated reconstruction of the forever lost object. Metz himself draws this connection when he states with respect to film, that the lack is what it wishes to fill, and at the same time what it is Self-annihilation in The always careful to leave gaping, in order to survive as desire.

In the end it has no object, at any rate no real object; through real objects which are all substitutes (and all the more numerous and interchangeable for that), it pursues an imaginary object (a 'lost object') which is its true object, an folio bahasa melayu, object that has always been lost and is always desired as such. ( The Imaginary Signifier 59) In further relating film to (and also distinguishing it from) the dream, daydream and (conscious) fantasy (and thus relating film to the status of a symptom, of a cultural - or, culturally sanctioned - pathology), Metz' imaginary signifier can be seen to be inscribed the Lacanian formula of desire, which is alienation defined also the formula of fantasy/the phantasma, and folio bahasa, which reads : The phantasma is defined in the most general form which it receives through an algebra constructed by us . the formula ( ), in which the romb should be read as 'desire for.' (10) The further question now arises how, in the cinematic situation, this 'desire for' the cinematic signifier is realized. According to Independence of the Sisters in Little Women May Alcott, Metz, the spectator - simultaneously all- perceiving ( The Imaginary Signifier 48), since s/he first of all identifies with himself . as a pure act of bahasa, perception ( The Imaginary Signifier 49), but in fact 'missing' on the screen (which is contoh why the film is penutup a very special kind of mirror) - also identifies with what's going on on- screen. One (and in fact, the most common) way, is to identify with the 'central character' in/of the film, which is ultimately an identification with a certain camera position. Independence Of The Sisters In Little Women By Louisa May Alcott! Metz thus defines the position of the bahasa melayu, spectator as basically voyeuristic, a position that has been thematized in quite a lot of films ( Psycho , Peeping Tom , Halloween ), a paradigmatic example being Lynch's own Blue Velvet . In semiotic film studies, the relation of the spectator position to the film - which recalls the relation of the subject to its object of desire in Lacan's formula- is called 'suture.' (11) Being mainly a medical term, suture means both 'seam' and victorian military, the process of stitching a wound. Following Jacques-Alain Miller's definition of suture, this concept denotes the procedures by penutup melayu, means of which cinematic texts confer subjectivity upon their viewers ( Subject of Semiotics 195). However, even if Miller provided an elaboration of suture, it is first of all a Lacanian term, and in the following I would like to do a cross-over of the Independence Women by Louisa Essay, cinematic reading of suture with a psychoanalytical reading of this concept, only fitting for a medium which is constantly brought into penutup melayu proximity with psychic formations. According to Lacan, the subject is an effect of the signifier, of discourse, insofar that the signifier even represents the subject for another signifier ( Écrits 316) The subject thus has to permanently re- invent and re-assure itself through its discourses - that is, through language, literature, and through film, among others. Miller defines suture as that moment where the subject fades by becoming represented - in discourse - by a signifier: Suture names the relation of the victorian, subject to the chain of its discourse . it figures there as the element which is lacking, in the form of a stand-in. For, while there lacking, it is not purely and simply absent.

Suture, by extension - the general relation of lack to the structure of penutup melayu, which it is an alienation defined, element, inasmuch as it implies the position of taking-the-place-of. (12) This definition not accidentally recalls Metz' observation that the spectator is as such missing from the cinematic discourse, and that the viewing subject might identify with the camera position as its stand-in. This has lead some theorists, such as Jean-Pierre Oudart, to identify the operation of suture with certain filmic techniques, especially the shot/reverse shot which facilitates (and directs) the bahasa, spectator's identification with a certain gaze. Stephen Heath has expanded the concept of suture, arguing against its equation with such formalized techniques and strategies. Since the imaginary and the symbolic are always simultaneously present - an image having no value in itself, but always with reference to a cultural background, to a set of rules or genre-conventions - suture in Heath's account refers to the play of defined, presence and absence as a mode of subject production in which the identification with the image always has to be read against the background of a symbolic system: the folio bahasa melayu, spectator is always already in the symbolic . No discourse without suture . Essay On The Cult Of Saints! , but equally, no suture which is not from the beginning specifically defined within a particular system which gives it form . (13) With Lacan, the term suture denotes the conjunction of the imaginary and the symbolic. (14) With respect to bahasa melayu, the Lacanian registers of the imaginary, the symbolic, and the real, suture thus refers to the stitching of the representational registers, with the seam closing off the real from reality, closing off the unconscious from March Sisters Women Essay, conscious discourse. Suture thus prevents the subject from losing its status as a subject, prevents it from falling into the void of the real, from falling into psychosis. Thus, the subject's identification with the movie fundamentally relies on this conjunction of the imaginary and the symbolic levels within the cinematic discourse itself. Normally , that is, in most of the examples of the classical Hollywood movie, this junction is well balanced: the means of penutup folio bahasa melayu, representation parallel the military, narrative itself, in a mutual and constant comment. If suture, then, ultimately ties the spectator into the movie by mapping the penutup folio bahasa melayu, visual/aural (i.e. perceptual, and thus imaginary) means of representation onto the narrative (and the structure of the narrative), the ripping open of Essay on The, that seam consequently has to bahasa melayu, result in thesis, a problematization, if not complete undermining of penutup bahasa, identification. Essay About The Power Glory! This de-suturing then draws attention to the fabrication of the folio, illusion of whole-ness of both the spectator and the movie.

The 1993 film Suture by Scott McGehee and David Siegel provides a good example for such a de- suturing . (15) Suture begins with the attempt of Vincent Towers, a millionaire who has killed his father, to kill his identical half-brother Clay Arlington in a planned car explosion and to pass him off as himself to escape prosecution. The plan goes awry, and Clay survives - a mass of bruises and broken bones, having lost his memory. The movie follows Clay who slowly starts to thesis, take on his brother's identity. Penutup Folio Bahasa! Still, Clay severely suffers from memory flashbacks which he cannot accept as his own.

However, the end of the film - which indeed is its starting image as well, since the movie as such is a long flashback - shows Clay, who has by now fully accepted his new identity as Vincent Towers, shooting his brother who has returned to March in Little, bring his plan to a successful close. After his brother's death, Clay decides to remain the other rather than himself, leading a happy life with his beautiful cosmetic surgeon Renée Descartes. Penutup! No problem so far. Alienation Defined! But, on the level of penutup folio bahasa melayu, representation, the in The Cask of Amontillado Essay, spectator is constantly held in the process of bahasa melayu, de-suturing. The movie constantly emphasizes the of Saints, physical similarity of the two brothers (on the blurb on the video jacket, they are actually referred to as 'twin brothers'), which is in fact a prerequisite for the film to function in the first place. Our physical resemblance, remarks Vincent at one point, is striking. However, the two brothers could not be more different: Vincent is white, whereas Clay is an penutup folio bahasa, African-American. This perverse logic is about consequently reflected in the title of the film: the movie Suture ultimately withholds suture. (16) Lost Highway , I argue, functions in quite a similar manner. In order to slowly approach this problem, I will in the following comment on certain aspects of the film which I think are most important for an understanding . First, there is the folio bahasa melayu, structure of the film. After the credit titles that flicker over the screen - fittingly accompanied by David Bowie's song I'm deranged, a track that sets the tone for what's to come - the movie begins with Fred sitting alone in Independence Sisters by Louisa May Alcott Essay, front of a window, smoking, his image mirrored in the pane of glass, when suddenly a message comes in through the intercom: Dick Laurent is dead! (29K .wav file) Fred does not - yet - know who this mysterious Dick Laurent is (or better: was), nor who it was who brought the melayu, message.

Neither does the spectator. Shortly before the end of the movie, Fred rushes to his house and delivers exactly this message - Dick Laurent is dead! - into his own intercom. Essay The Power Glory! Whereas most reviewers have failed to take notice of this strange structure, in bahasa, favor of a more straightforward telling of the tale, even the one article that has mentioned it fails to Essay Cult of Saints, acknowledge its real impact: at the penutup bahasa, conclusion of Lost Highway , when Fred returns to Independence March Sisters May Alcott Essay, his home to deliver the message that will set the whole narrative in bahasa melayu, motion again, a new element has entered . the Essay about The Power and the Glory, script that was not there the first time around in the form of the cop cars waiting outside the home. This illustrates well that repetition is never identical, and that at the core of sameness is difference. (17) If we have a look - or much more importantly - a careful LISTEN - to penutup melayu, these two scenes again . right after the Dick Laurant is dead message, you can hear sirens, and a car speeding off . in fact, they're the defined, same sirens (and car speeding off) that occur at penutup folio the end of the movie. So, the reviewer quoted before was right, it is about repetition with a difference, there is a new element, but it's not the cop cars, it is the Essay Cult, position of Fred.

It is not, however, that he has simply changed from penutup folio bahasa melayu, receiver to sender: he is both sender and receiver, AND AT THE SAME TIME . Victorian Military! AND SPACE! In order to approach this mystery, a different topology is melayu needed, a topology accounting for victorian a time-space that differs markedly from Euclidean space and teleological time concepts. A topological figure that makes such things possible is the Moebius Strip, and both Lynch and Barry Gifford, with whom Lynch collaborated on the screenplay, have mentioned this figure in interviews. (18) So, what is a Moebius Strip? DIGRESSION 2: HOW TO MAKE A MOEBIUS STRIP. Take a strip of paper Make sure that it has two sides Take one end of the strip, make a 180 degree twist, and put it to the other end. Tape - or, better, with respect to suture, which is important, as we will see - stitch the two ends together. As a result, you now have a one-sided figure instead of a two- sided figure. Ill 1: The Moebius Strip. The Moebius Strip subverts the normal, i.e. Euclidean way of spatial (and, ultimately: temporal) representation, seemingly having two sides, but in fact having only one.

At one point the two sides can be clearly distinguished, but when you traverse the strip as a whole, the two sides are experienced as being continuous. This figure is one of the topological figures studied and folio, put to use by about The Power and the Glory, Lacan. (19) On the folio, one hand, Lacan employs the Self-annihilation in The, Moebius Strip as a model to conceptualize the return of the repressed, an issue important in Lost Highway as well. On the other hand, it can illustrate the penutup bahasa melayu, way psychoanalysis conceptualizes certain binary oppositions, such as inside/outside, before/after, signifier/signified etc. - and can, with respect to Lost Highway , characterize Fred/Pete. These oppositions are normally seen as completely distinct; the Moebius Strip, however, enables us to contoh thesis, see them as continuous with each other: the folio bahasa melayu, one, as it is, is the truth of the other, and vice versa. Reni Celeste invokes a similar topology, when she comments on Lynch's rewriting of American metaphysics, a rewriting that emphasizes the position where violence meets tenderness, waking meets dream, blond meets brunette, lipstick meets blood, where something very sweet and penghargaan thesis, innocuous becomes something very sick and degrading, at the very border where opposites becomes both discrete and indistinguishable (Celeste).

In Lost Highway , the merging of opposites is crucial, and the problematization of the inside/outside opposition is a most important issue. In fact, it is an important issue in Lynch's oeuvre as such - it suffices to refer to the scene in Blue Velvet , when the camera intrudes the severed ear that Jeffrey finds, and at the end of the penutup folio bahasa, movie, the camera virtually seems to come out of Cult, Jeffrey's ear again. In Lost Highway , the folio, question of military, inside and bahasa, outside and Self-annihilation, their conflation is repeatedly posed. On a general level, the diegetic reality of the movie - that what we actually see on the screen, as it were, INSIDE the penutup bahasa, movie - is composed out of bits and pieces from other movies: Lynch uses the different genres of Hollywood as a kind of quarry. March Sisters Women By Louisa Essay! And not only the Hollywood genres: he almost violently exploits his own wealth of images, almost every shot initiates the shock of penutup bahasa, recognition. One might call this repetitiveness, but, after all, language in general - and especially a distinct film-language such as Lynch's - relies on repetition in Essay on The Cult, order to bahasa melayu, function. Another specific example of the merging of inside and outside apart from the frame-tale (Dick Laurent is dead) already mentioned, is, most important, the defined, scene in penutup folio, which Fred meets the Mystery Man for victorian military the first time.

In fact, the Mystery Man - simultaneously being inside and outside - can be read at penutup melayu the place where these (and in fact: all) opposites meet, he is - so to speak - the twist in the Moebius strip. In Lacan's use of the Moebius Strip, the place denoting the suture of the imaginary and symbolic in a way hides the military, primordial cut that instigated this topological figure in melayu, the first place, the cut that is the alienation, unconscious (or, in Lacanian terminology: the real). It is by melayu, suturing off the victorian military, real that reality for the subject remains a coherent illusion , that prevents the subject from falling prey to the real, that is, falling into psychosis. It is no wonder, then, that the Mystery Man always appears when a change in penutup folio melayu, personality is close. Reni Celeste is correct when she observes that in Lost Highway , there are three important fissures: that which exists between one discrete individual and another, that which exists between the individual and itself, and defined, that which exists between the thing and its representation . Th[e] Nameless Man [Celeste's name for the Mystery Man] . Penutup Folio! stands between doubles, between passages from Cult of Saints, one realm to the next, and between each individual and itself (Celeste). Bahasa! However, it is important to note that the structure of the Moebius Strip re-conceptualizes these fissures, allowing them to be seen not so much as fissures, or ruptures, but as places of transition. Lost Highway 's moebial structure disallows the suture of the Independence March in Little Women by Louisa May Alcott, subject into the narrative.

In contrast to folio melayu, the traditional Hollywood diegesis, in which the narrative unfolds in a straightforwardly telelogical manner - even in spite of displacing strategies such as flashbacks, or the film within the film-motif - Lost Highway in fact presents a multiple diegesis. The more so, since both stories - the story of Fred and the story of Pete - are not simply related to each other as prequel, and/or the solution of the other. Although there are definite anchoring points that clearly connect the two stories: the Independence of the March Sisters by Louisa May Alcott Essay, one does not subsume the other without remainder. Melayu! It might even be argued that with every identity shift, the military, narrative produces yet another author/narrator. Keeping to the Script. I now want to refer to the attempts of categorization of the movie undertaken by melayu, its script writers. The movie has been dubbed by Lynch and Gifford (e.g., in the published version of the screenplay) as A 21st Century Noir Horror Film. A graphic investigation into parallel identity crises.

A world where time is dangerously out of control. A terrifying ride down the defined, lost highway. Folio Bahasa! Whereas the time dangerously out of control has already been hinted at in the section on the Moebius Strip, I want to use the remaining markers in the following as a kind of guideline. A 21st Century Noir Horror Film. I don't like pictures that are one genre only, so this is a combination of things, (20) Lynch has said in a recent interview. Elsewhere, Lynch has articulated his fascination with the noir genre: There's a human condition there - people in trouble, people led into situations that become increasingly dangerous. And it's also about mood and those kinds of things that can only happen at night (Press Kit). I want to focus on the noir genre, not with its foregrounding of amnesia, mistaken and/or changed identities (as, e.g., in penghargaan thesis, Dark Passage ), of which there are obvious references in Lost Highway . I would like to penutup bahasa melayu, concentrate on the genre's disturbed and disturbing urban environment, on the figures of mobsters and femme fatales , with respect to the Oedipal constellation that underlies the genre, and about The Power, I think it is mainly in this connection that Lost Highway (and here especially the second part, Pete's story) can be regarded as a noir movie. (21) In the essay '10 Shades of Noir,' the e-zine Images states that [u]nlike other forms of cinema, the film noir has no paraphernalia that it can truly call its own.

The film noir borrows its paraphernalia from other forms, usually from the crime and detective genres, but often overlapping into thrillers, horror, and even science fiction. (22) Hence Slavoj Zizek's observation that noir might not be a genre of its own kind . [, but] a kind of logical operator introducing the same anamorphic distortion in every genre to which it is applied. (23) Zizek relates this anamorphic distortion to questions of identity which are more often than not played out in an Oedipal scenario. The first part of Lost Highway presents a marital scenario of uncertainty, anxiety, and unspoken suspicion. It takes place in penutup folio melayu, a house which more resembles a fortress than a cosy home. From the film's beginning, we have the penghargaan, feeling of tension and penutup melayu, fear: home, the family unit is the place of trouble and terror. This feeling is emphasized by Lynch's masterly employment of the soundtrack. For Lynch, [h]alf of [a] film is defined picture . the other half is sound. They've got to work together ( Press Kit ). Penutup! So, in Lynch's work, the soundtrack is a most important factor to enhance the mood of a scene. For example, during the dialogues between Fred and Renee there is no resonance to their voices. It is as if the works are spoken in a sound-absorbing environment, the whole spectrum of overtones, all those features that make a human voice seem alive, seems to in The of Amontillado Essay, have been cut. In its dryness, the voices of Renee and Fred almost seem to enact an absence of sound, or better - an absence of room, of the folio bahasa melayu, acoustics of space: it's as if they are living in a recording studio covered in Sisters May Alcott, acoustic tile.

This soundscape underlines the penutup folio bahasa melayu, similarity of this scenario with Lacan's subject being entangled in the register of the contoh penghargaan, imaginary, most powerful symbolized in the child's symbiotic relationship with the Other, its mother. Penutup Folio! The incestuous two-ness is underlined by various devices. Sisters Essay! The strange lights in penutup folio melayu, the Madison living-room, e.g., those lamps that somehow seem to be throwing their light in strange angles on no object but themselves (24) might indeed be read as a hint at this incestuous relationship: all there is is ourselves. As Steven Shaviro has noted, the Madison house in itself is a closed space, folded back upon itself. In Little! (25) Similarly, when Fred has sex with his wife, she lies there, showing no emotions - only after the act, she strokes Fred's back, gently, like a mother soothes her child. Penutup Melayu! In such a dyadic world, the child wants to be everything for victorian its mother, and it wants the mother to be there just for penutup folio bahasa melayu it. Essay Cult Of Saints! (26) Here, in the Madison marriage, we have a routine-version of this symbiosis. All distance has gone, and, since desire can be said to folio, be exactly relying on this distance between subject and object, desire has gone, as well. Being too near to Sisters in Little Essay, the object of desire causes anxiety. And indeed, there are also disturbing signs of something that threatens to undo this imaginary wholeness. First, there are those strange videotapes.

In addition, both Fred and Renee have an uncanny feeling of being observed; note for example Renee's facial expression when she finds the folio melayu, first video, which might be both explained by the fact that she fears that it might be one of those porn videos she is starring in, and of which Fred does not know anything, or by the general feeling of being observed, a feeling that takes shape in the fact that they live close to the observatory. The outside literally starts to intrude the inside, and the threat is March Women by Louisa May Alcott Essay emphasized by the deep droning sounds (in a cinema with a good sound system, the penutup melayu, spectators actually can feel this threat as a uncomfortable feeling in their stomachs . already in Eraserhead , Lynch had made use of this device, the constant droning of a ship's engine underlying the whole movie). (27) Fred also feels that he is not everything to his wife. Like the child, he feels that his mother desires something that is beyond him. Fred remembers/dreams of a night when he was playing saxophone in his club, and victorian, he saw Renee disappearing with another guy, Andy . one can see the neon EXIT sign there, and that's exactly how it is: Renee is looking for an exit/escape out of that prison-like symbiosis. So, after he had sex with Renee, Fred's face expresses not only horror, but also the burning question: What am I for you? What am I for the Other? So, somehow, Fred is precisely dependent on the desire of the penutup bahasa melayu, Other, and therefore it is necessary for penghargaan thesis him that the penutup folio melayu, Other, Renee, exactly remains in on The, her position as love-giving, complete Mother, unspoiled by bahasa, any lack - and it is such a lack that the mother reveals in her desire for someone else, and also the lack in the child, Fred, since he is seen as incapable of filling the lack. Thus, the imaginary scenario is an attempt of Fred's to disavow castration by all means.

In the second part of the movie, Fred's story, the Oedipal scenario is brought to the fore even stronger. Here, now, we have Fred, the Independence of the March Sisters Women by Louisa May Alcott Essay, young man; Alice, the femme fatale ; and Mr. Eddy, the father-like mobster. Father, because both of bahasa melayu, his age, and because he treats Pete with a kind of paternal attitude. In Lacanian terminology, the Essay on The of Saints, father-figure is accepted by the subject as its ideal-ego, and as such serves for the internalization of the laws of folio bahasa, society. Victorian Military! However, the flip-side of this benevolent figure of the ideal-ego is the super-ego, the father as perverse father, the exception at the origin of the law. The Master, the Father, he who gives the Law is an obscene, ferocious figure ( Écrits 256) that imposes a senseless, destructive . Melayu! almost always anti-legal morality. (28) To imagine what is at stake, it suffices to recall Freud's notion of the Urhorde . The primal father enjoyed all the women of the tribe, he was the chieftain, the law-giver, and when his sons killed him, out of shame the forbid themselves to have all the women.

So, at the bottom of the law, of the Glory, incest taboo, there is the figure of the One who had been the exception to the rule. In Lost Highway , this becomes clear in bahasa, the scene when Mr. Eddy beats and humilates a driver for tail-gating (85K .wav file). Mr. Thesis! Eddy explicitly takes recourse to the law in his perverse pleasure, and with Slavoj Zizek it can be argued that it is exactly in the law, in penutup bahasa melayu, the hyper-correct following of it, that the pervert finds pleasure. (29) In terms of the Moebius Strip, then, in Lost Highway there is a switch from the desire of the (M)Other to the Name-of-the Father (Lacan's nom/non de pere , which can also mean the No!-of-the-father, as in Mr. Eddy's warning that Alice is his babe). (30) It is Self-annihilation Cask of Amontillado Essay important to folio melayu, note that here the spectator learns that Mr. Eddy is Dick Laurent (the name Dick clearly associating phallic, paternal power), and that Dick Laurent is defined dead, that the penutup melayu, dead father is already from the in The Cask, word go lurking there in the background, representing the symbolic agency that thwarts the folio bahasa, symbiotic relationship of Renee and Fred. This twist parallels the switch from the realm of the pre-oedipal drives, closely related to the mother, to the realm of desire proper, and desire here inextricably related to victorian military, lack, to the never-receding distance to the object, as can clearly be seen in the sexy love-scene between Fred and Alice - You'll never have me! (79K .wav file)

A graphic investigation into parallel identity crises It is the phrase parallel identity crises that interests me the most here. It is usually read in terms of 'double identity,' mostly using the term schizophrenia . Penutup Folio! There has been quite some misunderstanding about of Saints, this very term. In 1911, the Swiss psychiatrist Paul Eugen Bleuler replaced Kraepelin's term for a group of psychoses, dementia praecox , with the term schizophrenia . Dementia praecox meant a psychosis of early onset, which Bleuler wanted to capture with the term schizophrenia, meaning literally split mind, since he thought the splitting of psychic functions to be the structuring element of these psychoses. Colin Ross, in his study on Dissociative Identity Disorders, a term including pathologies such as Multiple Personality Disorder (MPD) and the Borderline Syndrome, states that, dementia praecox is actually a better name for this group of penutup, disorders [described by Independence Sisters Women by Louisa, Kraeplin] than schizophrenia , while schizophrenia is a better name for [Dissociative Identity Disorder] than multiple persona disorder. (31) Hence the popular notion of schizophrenia as split personality, a misconception that does not account for the fact that schizophrenia is an organic disorder of the brain, and folio bahasa melayu, not actually a personality disorder.

In addition to this reading of parallel identity crises in terms of split personality, I want to suggest some further thoughts that account for this split with reference to the structure of the Moebius Strip. Essay Cult! Thus, it is penutup bahasa not that simple that Pete's story is only the reverse of Fred's story (remember, a Moebius Strip has no such thing as a reverse side - it is one- sided!). Parallel, in the moebial sense of the word , does not mean double or reverse here, but mutual . Pete's story is not only the reverse side of Fred's story, simultaneously Fred's story has to be the reverse side of Pete's story . otherwise the constant references to that night (the film's lacunae) would not make sense. True to the logic of the Moebius Strip, what on a very local level seem to be two sides of the story is The Power actually one. In this moebial twist, the truth of the one is the truth of the other, in that they are the same. On the level of the images of the movie, this complicity can be shown by a comparison of two scenes that occur more than once in Lost Highway.

These two scenes of Fred in penutup bahasa, the dark hallway (Renee calling Fred!) and Pete in front of his parents' house (Sheila calling Pete!), viewed in parallel, function like a kind of worm-hole which traverses the different event-levels of the movie - I would even argue that if you mirrored those two scenes onto contoh penghargaan two screens put next to each other, it would have the effect of the one character changing over to the realm/screen of the other. Another 'perspective' of folio bahasa, this simultaneous immersion can be seen in the transformation scene. Here again, the moebial twist of inside and outside, one and victorian, other, is folio melayu brought to the fore, this time effected by shots intruding the Essay The Power, inside of the body. A last reference I want to folio bahasa, make use of is the term psychogenic fugue that the French Production Company of Essay about The Power Glory, Lost Highway , CIBY 2000, used as a kind of short- hand plot-synopsis in their pre-publicity campaign for the movie. In an interview with David Lynch, Chris Rodley asked Lynch if he was ever aware that such a mental condition, a form of amnesia which is a flight from reality, actually existed ( Lynch on Lynch 238-9). Lynch answered that. the unit publicist on the picture, happened to find it in some medical journal or something. Folio! She showed it to us, and it was like Lost Highway . Not literally, but an military, interior thing can happen that's very similar. A certain mental disturbance. But it sounds like such a beautiful thing - 'psychogenic fugue.' It has music and it has a certain force and penutup bahasa melayu, dreamlike quality I think it's beautiful, even if it didn't mean anything. ( Lynch on military Lynch 239)

Yet it does mean something, and in this last section of this article, I want to folio bahasa melayu, situate Lost Highway in the context of human pathology. First of all, I want to in The Cask Essay, return to Lacanian psychoanalysis and to the road metaphor in one and penutup bahasa melayu, the same gesture. I have shown elsewhere that in a Heideggerian and military, Lacanian context, the metaphor of the road can serve as a trope not so much for freedom and rebellion, but as a trope for life as such as detour. (32) Lacan employs the metaphor of the road in his account of the penutup bahasa, death drive, (33) but he makes it unmistakably clear that such a notion of the drive is far from representing an imaginary and narcissistic freedom from any law whatsoever. Even this drive for military freedom depends for its existence on laws, on barriers . freedom needs barriers for penutup their transgression. In his seminar on the psychoses, Lacan explores the Essay about and the Glory, factors that trigger off a psychosis. And again, he takes recourse to the metaphor of the penutup folio bahasa melayu, road. In a chapter appropriately named The highway and Independence of the Sisters in Little May Alcott, the signifier 'being a father,' he writes: a succession of minor roads and a highway are not at all the same thing. Bahasa! . The highway isn't something that extends from one road to thesis, another, it's a dimension spread out in space, the presencing of an original reality. If I take the highway as an example, it's because . it's a path of communication. . the highway is an undeniable signifier in human experience. (34) What Lacan is alluding here to penutup bahasa melayu, is his notion of the point de capiton , the quilting point, which is Essay about The Power Glory that point which makes sure that some temporary notion of meaning can be created in language. Again, as in the concept of suture, the folio bahasa melayu, metaphor of stitching and sewing comes to the fore, since a quilting point designates an upholstery button, a place where the mattress-makers needle has worked hard to Essay about The Power and the, prevent a shapeless mass of stuffing from moving to freely about. (35) So a point de capiton is a place where signified and signifier are literally stitched together - this is penutup folio bahasa suture in the register of the Self-annihilation of Amontillado Essay, symbolic.

Like a highway with respect to a system of smaller streets, the quilting point holds that system of discourse together, and a minimal number of folio, these points are necessary for a human being to be called normal, and which, when they are not established, or when they give way, make a psychotic ( Seminar III 268-9). According to Lacan, the most important points de capiton , the highway amongst some minor roads, so to speak, is the name of the father , the paternal metaphor, which is quite important in Lynch's post-patriarchal project. (36) The answer to Lacan's rhetorical question - [w]hat happens when we don't have a highway . ( Seminar III 292), or, in other words, what happens when the highway is lost - is: psychosis. The foreclosure, what Freud called Verwerfung , of the primordial signifier, the name of the father , is a strategy for evading castration: the subject is Essay The Power and the castrated by its entry into penutup folio the symbolic, into language and society. Thus, the denial of Self-annihilation Essay, this castration leads to psychosis. This rejection of the symbolic Other that results in penutup bahasa, the disappearance of the The Power and the Glory, phallic function leads to the subject's distortion of its relation to the social order as well to its loss of sexual identity. As in Freud's case of Judge Schreber, Fred Madison tries to escape the threat of castration, but he experiences a return of the folio, repressed in the real instead of in the symbolic, in his hallucinations (that is, in his second identity as Pete), because he does not accept the name of the father , the agency that might disturb his symbiotic relationship with Renee and/or Alice: Dick Laurent is dead! So, the Highway of the of Amontillado, title is penutup folio bahasa exactly this quilting point, this suture, that would be necessary for the subject to in Little Women, be inscribed into reality, into folio bahasa melayu a state of victorian, normality.

Once this point is lost, once this seam is undone, the subject falls prey to the real, becomes psychotic. With respect to the delusional aspects of psychosis, Lacan comments on this buzzing that people who are hallucinating so often depict . this continuous murmur . is penutup folio bahasa nothing other than the alienation defined, infinity of these minor paths ( Seminar III 294), these minor paths that have lost their central highway. What is the deep droning sound underlying most of the movie but this continuous murmur? The dissolution of reality is alarmingly hinted at when Fred, being asked to comment on the fact that he does not like video cameras, remarks - I like to remember things my own way. . How I remember them, not necessarily the penutup folio bahasa melayu, way they happened. (117K .wav file) (37) Seen in this light, the videos might represent the truth the way it happened, that is: the repressed truth of Fred (and it is here that the sequence of the burning cabin shot in reverse gains special significance as a recurring image of that repression). Lost Highway treats its topic performatively, not just representationally (Wallace). Thus, taken as metaphor, what is at stake here is the notion of the decentered or split subject. One image in the movie which makes it clear is the contoh thesis, image of the highway itself. Penutup Bahasa! There are two variants of this specific shot that are important here. On the one hand, there is a kind of double-exposure of defined, this particular image, which indeed hints at the split in the subject, at the dissociation. (38) On another level, the dotted line can also be read as the subject's attempt at suture, at the stitching of reality and closing off the real again, of which the bahasa, symptom itself is a way of dealing with. The very term psychogenic fugue in Lynch's statement connects Lost Highway to about and the Glory, a pathology that has gained prominence particularly during the few last years - the folio melayu, before mentioned Dissociative Disorders, such as the Borderline Syndrom and MPD - Multiple Persona Disorder. Alienation Defined! The term psychogenic fugue in particular is closely connected to the latter.

The symptom called psychogenic fugue involves a sudden, unexpected travel away from one's home or customary place of work, with an inability to recall the past, that occurs in the absence of an organic mental disorder . There is often the assumption of a new identity. . Typically, individuals in penutup folio melayu, a fugue state have no memory of their primary identity. When they recover their primary identity, they often have a reciprocal amnesia for the events of the fugue state. (39) It is widely acknowledged that this symptom, closely connected to a kind of time-loss in the patient's memory, is a common feature of of the March in Little by Louisa May Alcott Essay, MPD, a disorder having entered mass consciousness through the biography, case study and movie The 3 Faces of Eve , starring Joanne Woodward. (40) Like the Borderline Syndrome, MPD is bahasa melayu a type of narcissistic personality organization, (41) that is, basically, a disorder of the ego-functions. Independence March Sisters Women May Alcott! Whereas in the Borderline Syndrome, the subject is unable to create a coherent ego, that is, to create the illusion of bahasa, autonomy, MPD refers to the splitting of the subject's ego into several compartmentalized personae. The revised third edition of the Diagnostic and Statistical Manual of Mental Disorders [ DSM-III-R ] gives the following criteria for MPD: The existence within the individual of victorian, two or more distinct personalities or personality states (each with its own relatively enduring pattern of perceiving, relating to and thinking about the environment and one's self). Each of bahasa, these personality states at some time, and recurrently, takes full control of the Cask of Amontillado Essay, individual's behavior. (42) The main reason for the onset of MPD is to be found in traumatic experiences, one of the penutup bahasa melayu, most common of which is continuous sexual abuse, mostly in and the, early childhood. MPD thus is a strategy invented by the subject to cope with unmanageable stressors, (43) a strategy to escape the stress of an unbearable traumatic event - such as, e.g., the murder of one's own wife. [or that night]

Both the penutup folio bahasa, Borderline Syndrom and Essay on The, MPD are almost exclusively American pathologies. Folio Bahasa Melayu! The question has already been raised, what might be the reasons for victorian military this being so. Varma, Bouri and Vig, three Indian psychiatrists, have argued that twentieth-century Western man, especially in folio bahasa, North America, has shown a special fascination with role playing. Alienation Defined! The role is adopted with some gain or favourable outcome in mind. The fulfillment of the role may make him act even in folio, a manner contrary to his usual self . The role adopted, like in multiple personality . represents an expedient or expected behaviour conceived for a particular setting. (44) While there are similar kinds of possession states in other cultures, e.g. And The Glory! Voodoo (Haiti), Latah (Malaysia) or Whitigo (Cree Indians), in the United States the melayu, equivalent would have to be looked for alienation defined in media culture. No wonder, then, that in the literature dealing with MPD, cultural and media influences rate highly. Ray Aldridge-Morris refers to the fact that North America is inextricably associated with show business . and the film industry in particular (Aldridge-Morris 108), and Ian Hacking has observed that the different personae tend to be stock television characters, often assuming even names from sitcoms or crime serials . Indeed the bahasa melayu, rapid changes of character remind one of nothing else than 'zapping.' (45) With regard to postmodern American consumer culture, Hanjo Berressem has rightly argued that a somewhat cynical case might be made for the idea that multiple or fractal selfs are once more good consumers, because each role, or alter, can be inserted into a separate market. (46) With respect to Lost Highway , it has to be noted that the Self-annihilation Cask Essay, narrative of the movie is located in Los Angeles, the film metropole. Another point which I think might be worth-wile analyzing is the penutup bahasa, function of the abundance of references to means of media and communication in this movie: videotapes, camcorders, cell phones, phones, the March in Little by Louisa, intercom. The whole movie, as it seems, is penetrated by folio melayu, a kind of communicational electro-smog , and Independence March Women by Louisa May Alcott Essay, somehow all of these devices are related to very strange and mysterious powers.

Another point that in my eyes makes MPD an especially American cultural pathology is a fact that relates it to American History itself. Commenting on melayu Lost Highway , David Lynch highlighted the initial idea that started the whole thing. What if one person woke up one day and was another person? ( Cinefantastique ). Of The March In Little Women By Louisa May Alcott! A review of the movie rendered this basic premise in more direct terms - What if I had a second chance? (Review by Steve Biodrowski in Cinefantastique ). This initial question, I argue, reminds one of one the penutup folio melayu, most basic truths of American History. John T. Irwin, in his study American Hieroglyphics , has commented on the American desire for a limitless possibility, . an infinite 'second chance' or new beginning, one of whose historical manifestations was the idea of the expanding frontier. (47) Another of these manifestitions, it has to be added, was the Essay The Power and the, idea of the bahasa melayu, open road . This especially American preoccupation with an ever new beginning, with a second chance, also nicely ties in with the cultural pathology of Independence March in Little Women May Alcott, MPD. The clinical picture of MPD, I argue, is penutup folio bahasa put to use in Lost Highway as a metaphor for the split, decentered subject, in a similar way of Allucquere Rosanna Stone's and victorian, Sherry Turkle's treatment of this parallel. Penutup Melayu! Turkle writes: Through contemporary psychoanalytic theory which stresses the decentered subject and through the fragmented selves presented by patients (and most dramatically by victorian, patients who present with multiple personality) psychology confronts the ways in which any unitary notion of identity is problematic and illusory. What is the self when it functions as a society? What is the self when it divides its labor among its constituent 'alters' or 'avatars'? (48)

I would like to add a final comment on the term psychogenic fugue, not as a clinical phenomenon, but as a term. In his interview with Lynch, Chris Rodley also mentioned the connection with the musical term fugue , describing it as one theme starts and penutup folio melayu, is then taken up by a second theme in answer. But the first continues to supply an accompaniment or counter-theme . You could therefore describe Lost Highway uniquely as a film which truly echoes a musical term. . Did you and Angelo Badalamenti discuss the score in defined, terms of a fugue? ( Lynch on Lynch 239). After giving you the additional information that in penutup folio melayu, a fugue, not only one theme is taken up by a second theme, but also by another instrument, another voice, I want to give you Lynch's answer, which I think is quite revealing. He said, Fugues make me feel insane. I can only listen to a certain amount of a fugue, and then I feel like I'm gonna blow up from the inside out ( Lynch on Lynch 239). Alienation Defined! (49) And here we are back again, full circle, where we started - Lynch's fascination with the mystery: To me, a mystery is like a magnet. Whenever there is something that's unknown, it has a certain pull to it ( Lynch on Lynch 231).

Lacan, in his evaluation of the mystery, of that which cannot by symbolized, but which nevertheless has immense effects in symbolization, goes even further: The tip of meaning, one can sense it, is the enigma, (50) insofar as meaning as such is something that can never be halted, never be fixed - there is always a remainder. This remainder, I argue, that which cannot be symbolized, is on the one hand given in the movie as a kind of excess of the bahasa, images, a kind of Independence March Sisters in Little May Alcott, surplus-value of the imaginary which manifests itself in penutup, moments of jouissance . On the other hand, the enigma in Lost Highway takes on its most concrete form in the gaps and of the March Sisters in Little Women Essay, voids, in the long sequences of darkness that permeate the whole movie. These so-to-speak materialized cuts (sometimes almost 30 seconds of pure dark screen) provide the space where a) suture is wilfully withheld, and penutup folio bahasa melayu, b) where the mystery/enigma somehow can be both felt and filled by the spectator . finally, there is penghargaan - or: can be - a certain strange version of suture that functions by alining the penutup melayu, gaps in the cinematic discourse with the desire of the spectator: in filling the gaps with his own interpretations/obsessions / images, he becomes an important part of the diegetic reality of the thesis, movie, a kind of lynchian version of unconscious interactivity. So, what happens to Fred in the end? The very last shot shows him in the process of transformation again.

Lynch had used almost the same scene in his second movie, The Elephant Man , where it denoted the effect of a traumatic experience on the process of giving birth to a new subject. What will be the result of Fred's transformation? Yet another persona? Or, will he re-transform into Pete, thus adding another temporal twist to the narrative - remember that Pete had been imprisoned once, not for murder, but for car-theft, and what the penutup folio melayu, police will eventually find after Fred has transformed into Pete again, will simply be Pete, in a stolen car . only Self-annihilation in The Cask, that now, since the cops had found Pete's fingerprints all over Andy's place, Pete will be charged for murder . but, does that explain things? Do we now understand ? In the recent remake of the thriller Nightwatch , now called Freeze , the police inspector turned serial-killer, played by Nick Nolte, philosophizes: Explanations are just fictions to make us feel safe. Otherwise, we would have to admit the unexplained, and that would leave us prey to penutup folio, the chaos around us. Which is exactly what it is. Or, in terms of Lost Highway : identity is anything but simple, stable, whole. In the end, we can see what it really is: a terrible collection of fragments, fragments like the Self-annihilation Cask, parts of Renee's mutilated body.

My attempt at making sense of Lost Highway has tried to add another such fiction to make one feel safe (even if it in fact might have added even more confusion). (51) As Lacan would have it, [d]esire, in fact, is penutup interpretation itself ( Fundamental Concepts 176). Defined! My reading of Lynch's movie, then, necessarily and inescapably partakes in this desire. It is entangled between ultimate failure and the jouissance that does not serve anything (52) - There is no Truth . Melayu! But one runs after it all the same ( Fundamental Concepts vii). 1 This paper is a slightly revised version of a talk I gave at the American Studies Colloquium 1998 in Olomouc, Czech Republic. 2 Jonathan Culler. On Deconstruction. Theory and Criticism after Structuralism . Ithaka, New York, 1982, 10. 3 Jacques Lacan.

The Seminar of Jacques Lacan Book II: The Ego in Freud's Theory and in on The of Saints, the Technique of Psychoanalysis 1954-55 . Trans. S. Tomaselli. Cambridge, 1988, 222. Subsequently quoted as ( Seminar II ). 4 David Foster Wallace. Article on Lost Highway in Premiere , Sept. 1996. http://www.m ikedunn.com/lynch/lh/lhpremiere.html Subsequently quoted as (Wallace). 5 Mikal Gilmore.

Article on Lost Highway and Interview with David Lynch. Penutup Folio Bahasa Melayu! Rolling Stone , March 6, 1997. http://www.mikedu nn.com/lynch/lh/lhrs1.html. 6 Richard Corliss. 'Mild at Heart.' TIME , April 7, 1997, 77. 7 Peter Wollen. Readings and Writings: Semiotic Counter-Strategies . London, 1982, 2. 8 Frederick Szebin and Steve Biodrowski. 'A surreal meditation on Essay about The Power and the Glory love, jealousy, identity and folio melayu, reality.' Cinefantastique , April 1997. http://www.miked unn.com/lynch/lh/cinelh.html Subsequently quoted as ( Cinefantastique ). 9 Christian Metz. The Imaginary Signifier. Psychoanalysis and the Cinema . Trans. C. Britton, A. Cask! Williams, B. Brewster and folio bahasa, A Guzzetti. Bloomington, 1982.

Subsequently quoted as ( The Imaginary Signifier ). 10 Jacques Lacan. Victorian Military! crits . French Edition. Paris, 1966, 774. Subsequently quoted as ( crits ), referring to the English translation crits . A Selection , by A. Sheridan, New York 1977. 11 Cp. Bahasa Melayu! Kaja Silverman's account of this concept in her study The Subject of contoh penghargaan, Semiotics. New York, 1983, 194-236, subsequently quoted as ( Subject of Semiotics ).

12 Jacques-Alain Miller. 'Suture (elements of the logic of the signifier).' Screen 18:4, (1977/78), 24- 34, 25-6. 13 Cp. Stephen Heath. Questions of Cinema . Bloomington, 1981, 'On Suture,' 76-112, 100-1. Cp. Penutup Folio Melayu! also the chapter entitled 'On Screen, in Frame: Film and Ideology' (1-18).

14 Jacques Lacan. The Four Fundamental Concepts of Psychoanalysis . Trans. A. Sheridan. New York, London, 1978, 118. Subsequently quoted as ( Fundamental Concepts ). 15 For another comparative reading of the concept of suture and the movie Suture , cp.

Hanjo Berressem. Twisted and Traumatized: Spatial and Temporal Loops in American Literature, Art, and Culture . Penghargaan Thesis! Habilitationsschrift, Aachen 1997. 16 Another short reference to yet another movie: John Woo's Face/Off . In this movie, two men exchange identities; that is, they change faces. Suture , Face/Off , and Lost Highway - they all tackle the question of identity and of suture . in a way, all three movies are about identity and melayu, its vicissitudes, about the construction of both the alienation, subject in the diegetic reality of the melayu, movie, and of the spectator. Sisters In Little Women! Suture thematizes the concept of identity as an effect of (illusory) identification, and ultimately withholds the comfort of suture, of a stable position both within diegetic reality and off-screen. John Woo's Face/Off comments on the Aristotelean truth that physiognomy mirrors character. This truth is countered with an almost metaphysical sense of penutup folio, self beyond mere looks, a self, however, that most prominently reveals itself in a language of the body , in small gestures. The suture that holds the movie together is quite literally the seam which stitches Nicholas Cage's face onto of Saints John Travolta's head (and vice versa) and 'functions' in fact only if the spectator is penutup willing to defined, accept this improbability.

In Lost Highway finally, the identity of the on-screen subject is related to different positions it takes with respect to different levels of reality, and, ultimately, to its desire. Since this is a never-ending process, suture, for the spectator, is forever displaced and deferred. 17 Reni Celeste. Folio! 'Lost Highway: Unveiling Cinema's Yellow Brick Road.' Cineaction 43 (Summer 1997). http://www.mailbase.ac.uk/lists /film-philosophy/files/paper.celeste.html. Subsequently quoted as (Celeste). 18 see e.g. Lynch in Essay on The of Saints, the Official Press Kit for bahasa Lost Highway , http://www.mike dunn.com/lynch/lh/lhpress.html, subsequently quoted as (Press Kit), and Gifford in of Amontillado, his interview for Film Threat , http://www.mi kedunn.com/lynch/lh/lhgifford.html.

19 Cp. e.g. Lacan's discussion of the penutup melayu, figure of the Self-annihilation in The of Amontillado Essay, interior eight in his article on 'Science et Verit' (crits, French edition, 855-77), or his 1966 lecture 'Of Structure as an Inmixing of an Otherness Prerequisite to Any Subject Whatever,' published in: The Structuralist Controversy: The Languages of Criticism and the Sciences of Man . Ed. R. Macksey and E. Donato. Baltimore, 1970, 186-200. The illustration was taken from this article. 20 Chris Rodley (ed.). Lynch on Lynch . Folio Bahasa! London, Boston, 1997, 231.

Subsequently quoted as ( Lynch on Lynch ). 21 On yet another level, Lost Highway is obviously a noir film in a very literal sense: noir /black is the contoh, prevailing color in this movie, especially in penutup folio melayu, the long dark sequences that seem to structure the narrative . 23 Slavoj ZiZek. Tarrying with the Negative . Durham 1993, 9-10. 24 Georg See?len has made similar observation, but has related this observation in his conclusions to the concept of self-reflexivity in Lynch's filmic language. Contoh! See Georg See?len. David Lynch und seine Filme . Marburg und Berlin, 3. Bahasa! erw. Auflage 1997, 187. 25 Steven Shaviro. Stranded in contoh thesis, the Jungle . (forthcoming book; excerpts can already be found on Steven Shaviro's homepage; see his chapter 'Intrusion' on Lost Highway : http://www.dhalgren.com/Stranded/18.html. 26 Or, when Fred asks Renee if she will come to the club, she answers that she wants to read, and Fred asks, in disbelief, Read?

Read what? Apart from this articulation of an otherwise unspoken suspicion that Renee might actually be an unfaithful wife, this remark of Fred's also shows his inability (or: unwillingness) to accept the need for something that goes beyond this symbiosis . maybe, one has to read Read very literally as a hint towards the penutup folio bahasa melayu, symbolic, the agency that in the end very violently disturbs this dual relationship. 27 Michael Chion has already noted in Essay The Power and the, his seminal study Audio-Vision. Sound on Screen . Trans. Claudia Gorbman. New York, 1994, that Lynch is one of the directors that have liberated film sound from folio melayu, its long sleep of simply accompanying the Independence of the Sisters Women by Louisa May Alcott, images on-screen. Chion points out that Lynch is one of those who have developed the soundtrack into the direction of a Sound Film - Worthy of the Name (141). 28 Jacques Lacan.

The Seminar of Jacques Lacan Book I: Freud's Paper on Technique 1953-54 . Penutup Folio Bahasa! Transl. by alienation, J. Forrester. Cambridge: Cambridge University Press, 1988, 102. 29 see Slavoj Zizek. Penutup Bahasa Melayu! The Plague of Fantasies . New York, London, 1997. 30 see Slavoj Zizek's interpretation of Hitchcock's Psycho with respect to this moebial twist in Slavoj Zizek (ed.). Everything you always wanted to know about Lacan (but were afraid to ask Hitchcock) . New York, London, 1992.

31 Colin Ross. Dissociative Identity Disorder. Diagnosis, Clinical Features, and Treatment of Multiple Personality . Essay About The Power Glory! New York, 1997. 32 See Chapter 7, ' On the road : The Road Novel and penutup folio bahasa, the Road Movie,' of my book An Art of Desire. Reading Paul Auster . Amsterdam and Atlanta, 1999, 159-72. 33 Cp. Jacques Lacan.

The Seminar of Jacques Lacan Book II: The Ego in Freud's Theory and in the Technique of Psychoanalysis 1954-55 . Trans. S. Tomaselli. Cambridge: Cambridge University Press, 1988, where he comments on the roads of contoh penghargaan thesis, life (81) and penutup folio melayu, describes life as a dogged detour (232) towards death. 34 Jacques Lacan. The Seminar of Jacques Lacan. Of The March In Little Women By Louisa May Alcott Essay! Book III: The Psychoses, 1955-56 . Transl. by R. Folio Bahasa! Grigg. On The Cult! New York, 1993, 290-1. Bahasa! Subsequently quoted as ( Seminar III ). An example might clarify what is at stake here. Kafka, in his Letter to the Father , takes recourse to another topographical metaphor, referring to his father in terms of a dimension spread out in Essay about and the, space : Sometimes I imagine the map of the world spread out and penutup bahasa, you stretched diagonally across it. Franz Kafka.

Letter to the Father . Prague, 1998, 65. 35 Malcolm Bowie. Lacan . London, 1991, 74. 36 This term is Anne Jerslev's. Military! See her study David Lynch i vore jne. Penutup Bahasa! Copenhagen, 1991. 37 Thus, the whole second part of the movie (Pete's story), can be read as Fred's attempt to remember things his own way, even to re-member, in in The Cask of Amontillado, the literal sense of the word, both his fragmented sense of penutup folio melayu, self and Renee's dis-membered body . 38 A more hypermaterialistic rendition of the split subject is the scene in which Andy's head is virtually split by the glass table . it's as literal as you can get. 39 Frank W. Putnam. Diagnosis and The Power, Treatment of Multiple Persona Disorder . New York, 1989. Folio Bahasa Melayu! 13-4. Subsequently quoted as (Putnam).

40 The case of Eve has just recently been found out to have been faked by about, the analysts. 41 Clary, W.F., Burstin, K.J., Carpenter, J.S. 'Multiple personality and borderline personality disorder.' Psychiatric Clinics of North America , 7 (1984), 89-100. 42 American Psychiatric Association. Folio Melayu! DSM-III-R . Washington, 1987, 106. 43 Ray Aldridge-Morris.

Multiple Personality. An Exercise in contoh thesis, Deception . Hove, 1989, 107. Subsequently quoted as (Aldridge- Morris). 44 Varma, V.K., Bouri, M., Wig, N.N. 'Multiple personality in India: Comparison with hysterical possession states.' American Journal of Psychotherapy 35 (1981), 1. 45 Ian Hacking. 'Multiple Personality Disorder and Its Hosts.' History of the Human Sciences 5.2 (1992), 3-31, 11. 46 Hanjo Berressem. Folio Bahasa Melayu! 'Emotions Flattened and Scattered: Borderline Syndromes and Multiple Persona Disorders in Contemporary American Fiction.' in: G. Hoffmann, A. Hornung (ed.). Emotion in Postmodernism . Contoh Penghargaan Thesis! Heidelberg, 1997, 271-307, 293. 47 John T. Irwin. American Hieroglyphics . The Symbol of the Egyptian Hieroglyphics in the American Renaissance . New Haven and London, 1980, 112. 48 Sherry Turkle. Constructions and penutup melayu, Reconstructions of the Self in Essay Cult, Virtual Reality . Quoted in Allucquere Rosanne Stone. 'Identity in Oshkosh.' J. Halberstam, I. Livingston (ed.).

Posthuman Bodies . Folio Bahasa! Bloomington, 1995, 23-37, 34. 49 Another, I think, most revealing information with respect to the fugue: Douglas R. Hofstadter, in his book Gdel, Escher, Bach: An Eternal Golden Braid , comments on the compositions of Johann Sebastian Bach, which, in his time, were judged as quite notorious. Essay The Power And The Glory! Like Lynch's works, they were either thought to be pompous and confused, whereas others hailed them as masterpieces. For Hofstadter, Bach's fugues in general, and folio bahasa melayu, especially his highly complex fugue Ein Musikalisches Opfer/A Musical Offering , are of special importance for his study because of their structure, which is the on The Cult, structure of penutup folio bahasa, what Hofstadter calls strange loops. A most prominent example of Cask, such a strange loop is penutup bahasa melayu . yes, it's the Moebius Strip again. And, finally, believe it or not, the original term for the fugue was the Latin term Ricercar , which means - enigma, mystery. Independence Of The March Sisters In Little Essay! Cp. Douglas R. Hofstadter. Gdel, Escher Bach. An Eternal Golden Braid . New York, 1979.

50 Jacques Lacan. 'Vorwort zur dt. Ausgabe meiner Schriften.' in: Schriften II . Weinheim, 1991, 7. 51 Only after I finished this article (and the talk on which this article is based), Troels Degn Johansson, Department of folio, Film Media Studies of the University of Copenhagen, pointed out an article to me in cinetext by Essay about The Power Glory, Robert Blanchet: ' Circulus Vitiosus : Spurensuche auf David Lynchs Lost Highway mit Slavoj ?i?ek.' This article only penutup bahasa, mentions in passim some of the defined, aspects I have tried to discuss in more detail in this paper, so, both articles somehow respond to each other like the two sides of a Moebius Strip as well . cp. Penutup Folio Bahasa! http://st1hobel.phl.univie.ac.at/cinetext/magazine/circvit.html. 52 Le Sminaire Livre XX: Encore . Paris, 1975, 10. Essay About And The Glory! My translation. American Psychiatric Association. DSM-III- R . Washington, 1987. Ray Aldridge-Morris. Multiple Personality. Penutup Bahasa! An Exercise in Deception . Hove, 1989. Hanjo Berressem.

Twisted and Traumatized: Spatial and Temporal Loops in American Literature, Art, and Culture . Habilitationsschrift, Aachen 1997. ---- . 'Emotions Flattened and Scattered: Borderline Syndromes and Multiple Persona Disorders in Contemporary American Fiction.' in: G. Hoffmann, A. Hornung (ed.). Defined! Emotion in Postmodernism . Heidelberg, 1997, 271-307. Robert Blanchet: ' Circulus Vitiosus : Spurensuche auf David Lynchs Lost Highway mit Slavoj Zizek.' http://st1hobel.phl.univie.ac.at/cinetext/magazine/circvit.html. Malcolm Bowie. Lacan . London, 1991. Michael Chion. Audio-Vision. Sound on Screen . Trans. Claudia Gorbman.

New York, 1994. Clary, W.F., Burstin, K.J., Carpenter, J.S. Penutup Folio Bahasa! 'Multiple personality and victorian military, borderline personality disorder.' Psychiatric Clinics of North America , 7 (1984), 89-100. Richard Corliss. 'Mild at Heart.' TIME , April 7, 1997, 77. Mikal Gilmore. Article on Lost Highway and Interview with David Lynch. Rolling Stone , March 6, 1997. http://www.mikedu nn.com/lynch/lh/lhrs1.html. Ian Hacking. 'Multiple Personality Disorder and Its Hosts.' History of the Human Sciences 5.2 (1992), 3-31. J. Halberstam, I. Livingston (ed.). Posthuman Bodies . Penutup Folio Bahasa Melayu! Bloomington, 1995. Stephen Heath. Essay! Questions of melayu, Cinema . Bloomington, 1981.

Bernd Herzogenrath. An Art of Desire. Reading Paul Auster . Amsterdam and penghargaan, Atlanta, 1999. Douglas R. Penutup Melayu! Hofstadter. Gdel, Escher Bach. An Eternal Golden Braid . New York, 1979. John T. Irwin. Essay On The Cult Of Saints! American Hieroglyphics.

The Symbol of the Egyptian Hieroglyphics in the American Renaissance . New Haven and London, 1980. Anne Jerslev. David Lynch i vore jne . Copenhagen, 1991. Franz Kafka. Penutup Melayu! Letter to the Father . Prague, 1998. Jacques Lacan. crits . Paris, 1966. -----. crits . Self-annihilation Essay! A Selection.

Trans. A. Sheridan, New York 1977. -----. Le Sminaire Livre XX: Encore . Paris, 1975. -----. 'Vorwort zur dt. Ausgabe meiner Schriften.' in: Schriften II . Weinheim, 1991. -----. Penutup Bahasa Melayu! The Four Fundamental Concepts of Psychoanalysis . Victorian! Trans. A. Sheridan. New York, London, 1978. -----.

The Seminar of Jacques Lacan Book I: Freud's Paper on Technique 1953-54 . Transl. by J. Forrester. Cambridge, 1988. -----. The Seminar of Jacques Lacan. Book III: The Psychoses, 1955-56 . Transl. by R. Grigg. Folio Melayu! New York, 1993. Christian Metz. The Imaginary Signifier.

Psychoanalysis and the Cinema . Trans. C. Britton, A. Williams, B. Brewster and A Guzzetti. Bloomington, 1982. Jacques-Alain Miller. 'Suture (elements of the logic of the signifier).' Screen 18:4, (1977/78), 24-34. Frank W. Putnam. Diagnosis and Treatment of Multiple Persona Disorder . New York, 1989. Chris Rodley (ed.). Lynch on Lynch . London, Boston, 1997. Colin Ross.

Dissociative Identity Disorder. Diagnosis, Clinical Features, and Treatment of Multiple Personality . New York 1997. Georg See?len. David Lynch und seine Filme. Marburg und Berlin, 3. erw. Independence March Sisters Women By Louisa Essay! Auflage 1997. Steven Shaviro. Stranded in the Jungle . (forthcoming book; excerpts can already be found on penutup folio melayu Steven Shaviro's homepage; see his chapter 'Intrusion:' http://www.dhalgren. com/Stranded/18.html. Kaja Silverman.

The Subject of Semiotics . New York, 1983. Frederick Szebin and Self-annihilation, Steve Biodrowski. 'A surreal meditation on love, jealousy, identity and penutup folio bahasa melayu, reality.' Cinefantastique , April 1997. http://www.miked unn.com/lynch/lh/cinelh.html. Varma, V.K., Bouri, M., Wig, N.N. 'Multiple personality in India: Comparison with hysterical possession states.' American Journal of Psychotherapy 35 (1981). Peter Wollen. Readings and Writings: Semiotic Counter-Strategies . London, 1982. Slavoj Zizek (ed.). Everything you always wanted to know about Lacan (but were afraid to ask Hitchcock) . New York, London, 1992.

Slavoj Zizek. Tarrying with the Negative . Durham 1993. Slavoj Zizek. The Plague of Fantasies . New York, London, 1997.

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5 Reasons You Should Swallow Your Pride and Ask for penutup folio bahasa melayu Feedback After Getting Rejected. You met all of the qualifications for the job (and then some!). You were confident that you completely nailed Whats your greatest weakness? And the on The interviewer even slipped up and folio bahasa said, See you soon! as you were leaving. Then, it arrives. That dreaded form letter rejection email. Alienation. Your hopes and dreams are dashed with one quick and generic two-sentence message. So, what the heck do you do now? While your first inclination might be to folio bahasa, throw your middle fingers up at your computer monitor or drown your sorrows in Independence of the Sisters Women by Louisa Essay a pint (ok, two pints) of penutup, Haagen-Dazs, this is Essay Cult, a great opportunity to gain some valuable insight into penutup bahasa, how you can improve your interview skills and your overall job search. It would look something like this: Thank you for Essay Cult the update. Folio. I enjoyed meeting with you and The Power the other members of penutup folio bahasa, your team, and I really appreciated the opportunity to learn more about [company name]. If possible, Id love some feedback about my interview skills and overall qualifications.

Im always looking for ways I can improve, and I would really value your insight as I continue my job search. Thanks again for contoh penghargaan your time, [interviewer name]. Not convinced that you should suck up your pride and ask for penutup folio feedback ? Here are five benefits of sending that email that just might change your mind. 1. Youll Get Added Insight Into How to Improve Your Job Search. Lets start with the most obvious benefit. Cult Of Saints. Asking for feedback from penutup folio melayu, people who didnt want to of Saints, hire you will give you some great information about the folio melayu specific things you can improve and contoh thesis polish for your next interview. Penutup Folio Melayu. Maybe you were a super qualified candidate, but your constant fidgeting drove the interviewer crazy. Perhaps theres a certain skill set the interviewer thought you could expand.

Or, maybe he or she just didnt think you were a great culture fit. Whatever it is that led to your rejection email, you should want to know. That way, youll be armed with the knowledge you need to knock your next interview out of the park. 2. You Might Learn Something New About Yourself. I remember one time in particular when I requested feedback after not getting a position that I was excited about. The interviewer was surprisingly helpful and thorough in her response.

So much so that she told me I had an alienation defined, unpleasant habit of penutup bahasa, completing other peoples sentences. Essay And The. I was shocked. I had always thought of myself as a skilled and conscientious communicator. Bahasa Melayu. So, I decided to be a little more aware of this tendency. Sure enough, I did this a lot . My intentions were goodI was attempting to victorian military, show agreement and interest in what the other person was saying. But, Im sure that it only came off as annoying and interruptive to my conversational partners.

Needless to say, asking for bahasa melayu advice and opinions following a job rejection might just point out Self-annihilation in The Cask of Amontillado Essay, something that you werent even aware of. Unlike your friends, mentors , or even dear old mom and dad, the interviewer really has nothing to folio, lose by being brutally honest with you. So, this is likely where youll get some of your most valuable feedback. 3. Youll Prove That Youre Willing to Learn and GrowEven When Its Uncomfortable. How many job descriptions have you read that state something like, Must be willing to on The of Saints, accept and bahasa learn from constructive criticism ? A bunch, right? Well, even though you didnt actually get the position, now is your chance to put your money where your mouth is. Anyone can say that he or she handles constructive criticism well. But, reaching out and proactively asking for feedback proves that youre always looking for ways that you can develop, learn, and grow. And, thats a surefire way to impress any interviewer.

On that note: Check Out Amazing Companies Hiring Now. 4. You Open the Door for Future Opportunities. Although it may feel like it at Independence of the Sisters Women by Louisa, the time, the job you lost out on isnt the only job that will ever exist. Folio. So, lets imagine that this company you interviewed with eventually has another related position open up. Who do you think will come to mind when the recruiting teams brainstorming candidates to interview? Will it be the person who didnt even bother with a quick thanks for the opportunity email after she was turned down? Probably not. More than likely, the person who reached out with a gracious thanks and request for feedback will quickly find himself or herself at the top of the interview list for Essay about The Power and the Glory this new position.

Just because a door is closed right now doesnt mean it will remain closed forever. So, set yourself up for success with any future opportunities by continuing to impress this interviewer even after youve been rejected. You never know what might come of penutup bahasa, it! 5. You Can Move on on The, Knowing That You Gave it Your All. There are some companies that have a strict no feedback policy to save them from bahasa melayu, any potential lawsuits.

So, you might never hear anything back when you request insight into why you didnt get the job. However, its still definitely worth asking. Even if you dont ever get a response, you can move forward with the knowledge that you put your best foot forward from alienation, start to finish. So, swallow your pride and hit reply on that dreaded rejection email. You can indulge in that Haagen-Dazs later. Photo of woman texting courtesy of Shutterstock . Folio Bahasa. Kat is a Midwest-based freelance writer, covering topics related to Cult, careers, self-development, and the freelance life. In addition to writing for The Muse, she's also the Career Editor for The Everygirl, a columnist for Inc., and a contributor all over melayu the web. When she manages to escape from behind her computer screen, she's usually babying her rescued terrier mutt or continuing her search for the perfect taco.

Say hi on Twitter @kat_boogaard or check out her website. Hmmm, seems you#39;ve already signed up for this class. While you#39;re here, you may as well check out all the amazing companies that are hiring like crazy right now.

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Essay On Black Colour Essays and Research Papers. thought that perhaps, the only colour in penutup folio bahasa melayu real life is white? White light is indeed the bearer of military all colours . The . colours we see are reflections bouncing off an object or are the light source itself. The light sources change and the colours with them. Colour is penutup folio melayu, not a stable affair.

Colour is light alone, but our experience is Self-annihilation in The Cask of Amontillado Essay, so direct that we trust our eye and believe that a colour is inherent to an object. Folio Melayu? Imagine living in a world where everything is white in defined colour ! However, the world we live. Black , Color , Green 1029 Words | 3 Pages. Colours for living and learning The Universe is a magnetic field of positive and negative charges, constantly vibrating and bahasa producing . electro-magnetic waves. Each of these has a different wavelength and speed of on The vibration; together they form the electro-magnetic sphere. White light when seen through a prism or water vapour splits into the colours of the spectrum. Of all the electro-magnetic sphere it alone can be seen. Bahasa Melayu? Radio waves, infra-red waves, ultra-violet waves, x-rays and The Power Glory gamma waves can. Color , Color wheel , Green 1891 Words | 7 Pages. ? The Fat Black Woman Composes a Poem In order to penutup bahasa melayu, understand the thesis, underlying messages that Grace Nichols was trying to send out penutup bahasa melayu through her . writing, one must understand the context of The fat black woman composes a poem as well as the context of the entire book. The first and strongest context is racial context in the form of post-colonial racism in the United Kingdom (where she was residing at contoh penghargaan, the time).

Throughout the book, Nichols shows what it was like to be a minority at the time and how. African American , Black people , Miscegenation 788 Words | 2 Pages. ?Humanities Black Death ( Essay ) It is not the penutup melayu, strongest or the most intelligent who will survive but those who can best manage . change. ? Charles Darwin. The immediate pains of the Black Death were worth the long-term gains. Without this catastrophic event we may never have experienced the freedoms we enjoy today. Because of the Essay about The Power, Black Death, people became less restricted by the rules that the bahasa, church and the feudal system enforced. This allowed the people freedom and penghargaan thesis choice. Also, without the.

Black Death , Bubonic plague , Medieval demography 1091 Words | 2 Pages. Does Selective colour in a photographic image influence the bahasa melayu, perception of the military, viewing audience in the sense of manipulating the emotions seen . in folio melayu the imagery observed? With that said, do photographs loose that exact emotion when seen in alienation black and white? Color is defined as the quality of an object or substance with respect to light reflected by the object, usually determined visually by measurement of hue, saturation, and brightness of the reflected light; saturation or chroma; hue (quoted from. Color , Color theory , Color wheel 2225 Words | 6 Pages. ?Qualities a Woman Needs: The Color Purple Essay The Color Purple, by Alice Walker, is a story that follows an uneducated black . woman, Celie, during her life, through her suffering and attempts to find love and happiness in life. Celie seeks to folio melayu, gain power over herself and struggles to from the power of her father and her husband Mr.___ later known as Albert and Shug Avery; a friend and lover aids her get more power. The message in The Color Purple is that there are certain qualities a woman. Alice Walker , Oprah Winfrey , The Color Purple 1409 Words | 4 Pages.

Roles of colours in different cultures In my essay I want to point out some colours role in different cultures. I . think it is Essay, very important to penutup folio bahasa melayu, know the different meanings of of the March May Alcott Essay colours . Especially, when you are travelling abroad or negotiating with business partners, who came from a different country or culture. It is essential to know what colours can you wear to events or meetings in folio melayu other cultures. Or which colours you are using in your presentation. Every colour has a meaning, but it can means. Color , Color wheel , Green 1529 Words | 5 Pages. DBQ Essay From the alienation, late medieval era to the enlightenment a series of plagues devastated European society, economy, and social/political . structure. In the penutup melayu, Middle Ages, the Black Plague (or Death) was a pandemic that killed nearly 2/3 of the contoh penghargaan thesis, population in penutup melayu Europe, and lead to the downfall of the feudal system. The groups that benefited the most from the changes caused by the Black Death were peasants and laborers reaction toward the calamity ranged from rational and proactive to defined, irrational, egoistic. Black Death , Bubonic plague , Late Middle Ages 1394 Words | 4 Pages. Psychological Properties Of Colours * The Colour Affects System * Research * Personality Type . 1/ Colours * Personality Type 2/ Colours * Personality Type 3/ Colours * Personality Type 4/ Colours Colour Affects 908 Keyes House Dolphin Square London SW1V 3NB Tel: +44 (0)20 7233 9904 2008-12 Angela Wright.

All Rights Reserved. * Why Colour Affects? * Colour Psychology * Corporate Colour * Colour Courses * Personal Colour Why Colour Affects? *. Color , Color wheel , Green 1433 Words | 6 Pages. Karl Lagerfeld Little Black Dress The ideological or aesthetic concerns that emerge during the western cultural period of modernity . still play a role in shaping the penutup folio bahasa, contemporary artefact. This essay explores the influence of freedom and individualism in the contemporary work by Karl Lagerfeld. Firstly, I will explore about the history background of the Little Black Dress(LBD) and how it become to in Little by Louisa Essay, emerged in the time between the wars and then how he had the genius and unique talent to. Chanel , Coco , Coco Chanel 885 Words | 3 Pages. Personal Essay Black Elk Speaks Before reading Black Elk Speaks I thought that Native Americans were all the penutup melayu, . same they fought wars and rode around on horse. They either won or lost the Independence Sisters by Louisa May Alcott, wars they fought in and they all lived in teepees. I really didnt have much knowledge on folio them. Ive always know that they had a very deep spiritual connection to nature and contoh penghargaan their world around them but I didnt know the reasons why. Before reading I didnt think about things as much like the world and animals; I.

Black Hills , Cheyenne , Lakota people 1253 Words | 3 Pages. NOTES Paper one: Change paper - Reading section 3-4 different texts - Creative writing, short story - Change essay on looking for Alibrandi . and another related text Paper two: Black rock - Essay ; black rock - Poetry essay , two poems weve done in class and one prescribed - Ideas, how theyre portrayed and how the audience is penutup bahasa melayu, positioned. Year 11 Yearly Exam Poetry Essay Poetry is on The Cult of Saints, powerful because it conveys issues that engage a modern audience. Discuss this statement with reference. Adam and Eve , Audience , Contemporary history 911 Words | 3 Pages. Black rock essay Introduction: Steven vidler, director of Blackrock use a number of cinematic techniques to the theme of risk. Folio Melayu? . Of The Sisters In Little Women By Louisa Essay? Teenagers are notorious for penutup folio melayu, risk tasking behaviour which can have devastating consequence for the future. Alienation? Blackrock is a 1997 film tells the story of Jared, a teenage boy who witness a rape and murder at a teen party, and must risk his social status (and safety) by coming forward. Vidler explores the theme of risk using film techhiguc such as montage, costuming, dialog. Adolescence , Decision theory , Finance 718 Words | 3 Pages. article, Black Elk Speaks with Forked Tongue, Couser is giving his opinion on how he thinks that Neihardt was in actuality suppressing the . Lakota way of life and Black Elks story. His opinion is backed by some good points from the text and as well as other scholars who have the same opinion as himself.

Couser does believe that Black Elk Speaks is bahasa, a well written book and he even respects and commends Neihardt in his attempt to honor Black Elk, before detailing the short comings of Black Elk Speaks. Black Elk , Black Elk Speaks , Cultural imperialism 1225 Words | 3 Pages. Through his fictionalized autobiography Black Boy, Richard Wright narrates the contoh penghargaan, experiences which forced him to evolve in bahasa melayu the world of about violent . Folio? racism and Essay on The Cult of Saints ethnic plights during the 1920s. Folio? Growing up as a black boy in the Jim Crow South, Richard was confronted with countless race related issues where he was obligated to defend himself and understand his place in society. Victorian Military? The ethnic background which the Wright family provided for folio bahasa, Richard was aggressive, unsupportive, and often impacted him in an unsettling. African American , Black people , Miscegenation 1381 Words | 4 Pages. Black Boy by Richard Wright Overview Black Boy, an autobiography of Richard Wright's early life, examines Richard's tortured . Of The March Sisters In Little Women By Louisa May Alcott Essay? years in the Jim Crow South from penutup folio bahasa 1912 to 1927. In each chapter, Richard relates painful and confusing memories that lead to a better understanding of the man a black , Southern, American writer who eventually emerges. Alienation Defined? Although Richard, as the narrator, maintains an adult voice throughout the story, each chapter is told from the perspective and knowledge that a child might possess. African American , Black people , Democratic Party 1145 Words | 3 Pages. Colour amp; Red perception.

Firstly, the A-Z Project has been a challenge that has helped me in folio bahasa melayu gaining knowledge regarding different aspects . of Essay on The of Saints colour , emotion, Facebook and geometry. This project has provided me with a huge body of research, which has allowed me to identify the folio, words in question. The analysis has helped me better my understanding of the true scope of these words. My main focus is on the word colour because it opened a new world to me. How ever in history primitive men have. Color , Color blindness , Color vision 1209 Words | 3 Pages.

Historical Analysis of about and the Glory Black Robe The movie Black Robe was very realistic in portraying themes that paralleled with the . lives of the penutup folio melayu, aboriginal people living in North America at that time. Some of the themes that were similar in both portrayals of aboriginal life the primary document The French Presence in Huronia: the structure of Franco-Huron relations in the first half of the 17th century by Bruce G. Trigger and another primary document called The Meeting of Self-annihilation in The Cask Two Worlds - Who Benefited. Archive , Historiography , Primary source 1028 Words | 3 Pages. two advertisements I will argue that race constructions reflect the notion that white people are still seen as having expertise in particular fields and . dominate in businesses while people of colour are trained in order to folio, be expert because there were particular skills that were denied to military, them. In this essay I will focus on folio melayu how race is get socially constructed and how media show different constructions of of the March Sisters by Louisa May Alcott race which reflect different political ideas such as inequalities through an folio, analysis of the. Africa , Black people , Human 1593 Words | 4 Pages. ? Thomas is not the only character that feels as though he doesnt fit in. In The Cask Of Amontillado? Do you agree? INTRODUCTION: The Black Balloon directed by folio melayu . Elissa Down is a film about a family living with an autistic son. Throughout the movie, Thomas feels embarrassed being Charlies brother, he feels left out about and the Glory not only at school but at home too.

Thomas is the main focus of not fitting in but he is not the only character that feels like he doesnt belong. Thomas brother Charlie may not be able to act or speak like. Emotion , Feeling 893 Words | 2 Pages. was too bright to stand. Bahasa Melayu? Within a day or two, the swellings appeared. They were hard, painful, burning lumps on their neck, under their arms, on their inner . thighs. Soon they turned black , split open, and began to ooze pus and blood. They may have grown to the size of an orange.

These are the penghargaan thesis, symptoms of the Black Death, one of the most devastating pandemics in human history, peaking in Europe between 1348 and 1350. Penutup Bahasa Melayu? It is of Amontillado Essay, widely thought to have been an penutup, outbreak of bubonic plague, and of Amontillado during those. Black Death , Bubonic plague , Pandemic 1007 Words | 3 Pages. conditions were nearly continuous, and the result was starvation on a large scale (Cole 240). Pre Black Death, Europe was attacked by very . cold winters, great floods, a tsunami, and an earthquake that destroyed about fifteen percent of the population (Kreis np). Folio Bahasa? The plague spread from China to Mongolia, into Northern India, and Essay about and the then into the Middle East by 1330. By 1346 the disease had reached the Black Sea. After that trade ships brought it into penutup folio bahasa, Sicily and Northern Italy, inadvertently.

In just. Bacterial diseases , Black Death , Bubonic plague 915 Words | 3 Pages. INTRODUCTION TO HAIR COLOUR With this unit we will be covering four ways to colour hair using: Semi permanent Quasi/Demi . permanent Permanent Lighteners/Bleach Performance will take place as: Regrowth colour Full head colour Woven highlights/lowlights When we are looking at colouring hair we have several things to take into consideration: - History of previous allergic reactions to colour products -Skin disorders -Incompatible products -Evident of defined hair damage We will have. Brown , Color , Cuticle 546 Words | 3 Pages. ?Ayana Gentles Period 7 Mr. Blom September 26,2014 Black Swan Green There are so many things in penutup melayu life that people wish they could . change, but that wouldnt solve anything. Life is a rollercoaster, you never know what to expect or how you will react to whats in store.

In the book, Black Swan Green by David Mitchell, Jason Taylor is a teenager who goes through many and deals with many obstacles that he wish he could change in his life. He deals with bullying, his case of stammering, trying. 2007 singles , Cluttering , Lebanon, Tennessee 1109 Words | 2 Pages. Ihuse. Masuji. Black Rain. Trans. John Bester.

London: Kodansha Europe Limited, 1994. 120 Quite suddenly the of the March in Little Women by Louisa, boy, with an expression of folio melayu . Independence March Women May Alcott? great revulsion, came out with his story. He had been at home when the ball of fire had burst. There had been a sudden flash and penutup folio bahasa melayu a mighty roar, and he had started to run outside. Victorian? On the instant, the house had collapsed and he had lost consciousness. When he came to, he found himself trapped between beams or other timbers, and his father trying to get them off. Atomic bombings of Hiroshima and Nagasaki , Cardcaptor Sakura , English-language films 1343 Words | 4 Pages. The understanding of light and penutup the effective use of alienation defined colour in creative work and penutup digital p . photography.

People effectively using colour in creative work and digital photography has been around for a long time now, and the study of light and colour even longer. In this essay I plan to defined, effectively communicate how the penutup folio bahasa melayu, human brain perceives light and how the victorian military, understanding of penutup bahasa melayu this has culminated in creative work. Color , Color space , Color theory 2336 Words | 7 Pages. Colour: Pleasurably Perceived Color. Colour provides us with the Essay on The Cult, ability to differentiate many things. Melayu? The value of colour is so extensive. It ranges from the use of . language to artists and designing. There are a variety of examples that require the Independence of the March in Little by Louisa May Alcott, existence of colour and without it, these things will just be boring. Television has moved from black and white to coloured. Melayu? Without us realizing, black and The Power white are also colours . Penutup Folio Bahasa Melayu? They are just duller version of victorian colours and are often not considered as colours . In my essay , I will be discussing.

Blue , Color , Color theory 1690 Words | 5 Pages. The Village Essay The film The Village by M Night Shyamalan, looks at a series of penutup folio bahasa melayu images which form the basis for portraying and . shaping the story. M Night uses subtle symbols throughout the film resulting in victorian military the audience making up their own mind about certain events that take place. Using colour as a main centre piece for the film is an effective way of communicating to the audience visually. Penutup Folio Bahasa Melayu? The powerful imagery is another tool in which engages and of the Women by Louisa Essay speaks to the audience allowing them to. Bryce Dallas Howard , Chair , Color 1076 Words | 3 Pages. Beyond Realism Artists deliberately set out to provoke audience reactions. The purpose of penutup folio bahasa this essay is to argue how Artists deliberately . set out to provoke audience reactions. Penghargaan? The essay will explain how artists have used abstraction, stylisation and folio bahasa distortion in artworks through the ages through the analysis of Robert Smithsons Spiral Jetty and Colin Lanceleys Night Garden.

This essay will discuss, compare and contoh penghargaan analyse the bahasa, development and evolution of abstract art. Abstract art can. Abstract art , Art , Color 1152 Words | 3 Pages. Are colours objective or subjective, or both? Our visual perception of the world contains colours . Our understanding of . colour is related to about The Power and the Glory, other facets of folio bahasa what we visually perceive. Alienation Defined? Our theory of penutup bahasa melayu colour can help to understand other theories and Essay on The of Saints concepts. Bahasa? For this reason it is important to come to March in Little Women by Louisa May Alcott, a conclusion about the objectivity or subjectivity of colour . The most important question that needs to be asked in regards to this topic is folio melayu, Are physical objects, independent of perceivers experiences. Color , Color theory , Object 2045 Words | 6 Pages.

? Black Mans Burden Its has been a very discussed topic whether the colour of ones skin still can be a burden in todays . society or not. For instance are the black people, and especially in contoh penghargaan thesis South America racism is a big issue. Thus racism is weakened compared to centuries ago, it is still present in not only penutup bahasa melayu a big part of Essay on The of Saints America but in the rest of the penutup folio bahasa, world as well. Racism is Self-annihilation in The Essay, one of the penutup melayu, main issues, that the Essay about The Power and the, American author Kiese Laymon is folio bahasa, dealing with in his writings. Laymon is black himself. African American , Black people , Essay 971 Words | 3 Pages.

?What is the Chemical Basis of Colour in Fireworks? Abstract: The purpose of the first experiment was to see the Independence of the Sisters Essay, light spectra of different . elements, and confirm that each element shows unique emission spectra, in terms of being able to identify an unknown substance. The analysis is expected to show that elements do indeed have unique emission spectra, allowing elements to penutup folio bahasa, be identified by their emission spectra. After burning different chemicals under a Bunsen burner, the about Glory, colourful light was. Color , Electromagnetic radiation , Electromagnetic spectrum 1143 Words | 4 Pages. Black Boy by Richard Wright Essay. Black Boy Essay In the 1900's many conflicts resulted between Caucasians and African Americans. Bahasa? Many of the conflicts were a . Of The March Sisters In Little Women May Alcott Essay? result of penutup folio bahasa racial tension between the two groups of contoh people.

Both the African Americans and the Caucasians attitudes towards each other caused tension between the two groups. Richard's attitude as well as the racial tension during the 1900's caused him many conflicts throughout his life Throughout the story Richards attitude towards the whites changed. in the beginning Richard. Black people , Negro , Race 2301 Words | 5 Pages. Essay Afro-American Literature Womanism or Black Feminism? Black women started to speak up in 1970s and . during the 1980s and 1990s black womanhood started to penutup folio bahasa, be an important point of debates and since then African American women?s thoughts and ideas are a very significant part of literature. Of The Sisters Women By Louisa Essay? Gender studies are taught at universities and black women writers are known of. Their books are studied and penutup bahasa researches done. About The Power And The Glory? They took a long and hard journey from slavery until today and folio melayu it was not easy. African American , African diaspora , Black feminism 1897 Words | 6 Pages. ?RED COLOUR There are many colours in our world. Think of how bland and unexciting it would be without colour . . Military? Colours light up our surroundings, and bahasa melayu inspire us to be creative.

Also, we can learn many things from the natural colours we see and what they symbolize. Red always represents action, vigour, passion, and Essay on The Cult anger, which are all very active feelings. Where do we see red? How aboutstop signs? They catch drivers eyes, as they require an immediate response to stop.

To raise a red flag means. Flag of England , Love , Middle Ages 1222 Words | 3 Pages. Psychological Analysis of Black Swan. Abstract The movie ' Black Swan follows the story of Nina, a ballerina in a New York City ballet company whose life is completely consumed . Penutup Bahasa? with dance. She lives with her retired ballerina mother Erica, who lives vicariously through Nina and victorian military zealously supports her daughters professional ambition. Nina is selected by the artistic director, Thomas Leroy, as prima ballerina for the opening production of the new season, Swan Lake. Nina has competition in penutup bahasa a new dancer, Lily, who impresses Leroy as well. Ballet , Dance , Dream 2825 Words | 7 Pages. Lab Report on Heredity of eye colour.

Question/Aim: To investigate which eye colour is dominant in my family. Variables: Independent: The generations of Essay Cult of Saints my family. Folio Melayu? Dependent: . Penghargaan? Eye colour . Constant: My familys eye colour trait. Hypotheses explanation: I think that the dominant eye colour of my family will be brown. This is because it has been proven by scientists that the allele for penutup folio melayu, brown eyes is dominant compared to other eye colours . Also, brown eyes are the alienation, most common eye colour especially in penutup folio people who are from the Asian. Color , Eye , Eye color 393 Words | 3 Pages.

English essay : Analyse how the writers of the two poems you have studied have developed an important theme? POEM 1: Still I Rise By: Maya . Angelou You may write me down in history With your bitter, twisted lies, You may trod me in the very dirt But still, like dust, I'll rise. Does my sassiness upset you? why are you beset with gloom? 'Cause I walk like I've. African American , Black people , Human skin color 1257 Words | 5 Pages. Brent Staples essay Black Men and Public Spaces being. Essay On The Cult? Brent Staples essay Black Men and Public Spaces represents this idea yet it shows the highly negative aspect of how . someone responds to who we are. In his case though, Staples explains the penutup folio bahasa melayu, prejudice side of human nature when they see someone due to Cult, our look. He explains of the first time he had an penutup folio, experience with racial segregation he faces as a black person when he is out for a midnight stroll and a white female runs from him due to how he appears. Apparently, being a black man in Stapless. African American , Black people , Human skin color 1021 Words | 3 Pages. ?PROBLEM-SOLUTION ESSAY A problem-solution essay is an essay in which you analyze a problem and alienation propose a method . for solving it.

Actually, the major part of a problem-solution essay is explaining what the solution to the problem is and arguing that this solution will be effective, easy to impliment, better than other solutions and cost-effective. Folio Melayu? A problem-solution essay should have the victorian, following characteristics: a problem that needs to penutup melayu, be solved a thesis statement that identifies the problem. African American , Black people , Human skin color 822 Words | 2 Pages. Informative Essay About Black Holes. and blast off from this world to see how close we can really get to a black hole; while we are out in the vacuum of Independence May Alcott space, we will research and . analyze what Black holes really are, and finally we will return back to earth and penutup see how these findings affect us. Transition: We will start off by leaving our world behind and going to search for these invisible monsters. Body: Point 1.) Now, whats does the Federal Deficit and a Black Hole have in common? They both never end because According to the National. Black hole , General relativity , Hawking radiation 1295 Words | 3 Pages. the men are dressed either in work clothes or casual wear. On the military, other hand Edward is totally opposite.

His Costume is all black and bahasa melayu metal . which later on shows he has had a rough past. Although, When Peg offers Edward normal clothes to create a new identity allowing him to contoh, gain a sense of belonging in the new environment of the town. The reason Edward wears dark colours is to highlight the folio bahasa melayu, different personalities there are of the characters in the film. When Peg first meets Edward she is very. Close-up , Color , Edward Scissorhands 1884 Words | 5 Pages. Great Gatsby Essay : Analyze Fitzgeralds symbolic use of of Amontillado colour Colour , a means of differentiation, . understanding, and a sense of perception. Bahasa Melayu? There are about 16.8 million colours known in and the Glory the English language and when you see each everyone it usually always brings a thought to mind. Colours are very useful in everyday life it makes everything that much more real but specifically colour can be used as a way of penutup folio showing the real story. In The Great Gatsby F. Scott Fitzgerald uses colour symbolically.

Color , F. Contoh? Scott Fitzgerald , Ginevra King 929 Words | 3 Pages. Black Men and Public Space by Brent Staples Reflection Essay: The Big Black Truth and The Little White Lies. Faulise ENGL 1110-23: Lens Reflection A 23 February 2015 Black Lies and penutup melayu the White Little Truth: An Interpretive Thematic Analysis on Brent . Stapless Black Men and Public Space In his essay titled Black Men and Public Space, journalist and editorial writer for about and the Glory, the New York Times, Brent Staples writes about his time residing in Chicago as a college graduate student and the conflicts he faced with the public. Penutup? His essay reveals how the presence of black men represents the of Saints, stereotypical misconception that. Constable , Police , Police brutality 1365 Words | 4 Pages. Othello Paper The tragedy of Othello was caused by the insecurities and folio bahasa melayu changing character of Othello himself. Racism and the villainous Iago both . contributed to the evolution of Othellos character. G.K Hunter the author of Othello and Colour Prejudice. Discusses how the about The Power and the Glory, prejudices against Othello, both in the play and bahasa melayu also the prejudices Shakespeares audience already conveyed towards darker skinned people, were framed to and the Glory, doom Othello from the start.

Hunters article gives a historical. Character , Desdemona , Drama 1192 Words | 4 Pages. Schumacher AFAM Literature Midterm Essay 1 October 2013 Larry Neals Black Arts Movements and Addison Gayles The . Bahasa? Black Aesthetic are two identical mission statements for the black audience: set yourself apart from the white culture and give your culture the recognition it deserves. Defined? The two pieces are similar in ideas and purposes. The black communities were tired of always adapting to melayu, the ways of the white culture because it was the right way to act. Victorian Military? The black community wanted to define their. African American , African American culture , Black people 1631 Words | 5 Pages.

Black Boy and Mamas Girl Comparison and Contrast Essay. Black Boy and Mamas Girl Comparison and folio bahasa melayu Contrast Essay Mamas Girl by Veronica Chambers and Black Boy by Essay The Power and the Glory . Richard Wright are autobiographies about two people growing up black in America. Richard Wright, born in penutup 1908 near Roxie, Mississippi, became to be one of the most influential black writers in Self-annihilation of Amontillado Essay America and his work helped redefine discussions of race relations in penutup folio bahasa America in the mid-20th century. Self-annihilation In The Cask Of Amontillado Essay? Veronica Chambers, author of Mamas Girl, has spent most of her career being an editor for various. African American , Black people , Miscegenation 2400 Words | 6 Pages. Individual colours can have a variety of different meanings and associations for different people. A colour that is favoured by folio bahasa melayu . one person, may be despised by contoh penghargaan another.

The colour preferred by individuals is blue (Wiegersma amp; Van Loon, 1989). Although, it is preferred, it does not mean it is folio, universally favoured. Understanding of blue comes from analysing different interpretations and associations people have with it. These different interpretations arise from varying cultures (Aslam, 2006). Blue , Blue Cross and victorian military Blue Shield Association , Color 980 Words | 3 Pages. Discursive Essay It is argued nowadays on folio whether teenagers, who go to school, should be wearing a uniform. There are many advantages but . also some disadvantages, such as : All the students wearing the same uniform , which can take the stress off looking better than other students as they are wearing similar attire, and also having a uniform can make a person look smart and Independence Sisters in Little Women respectable, but on the other hand, students can feel that their uniforms are too boring and doesn't show their personailty. Clothing , Dress code , Education 1000 Words | 3 Pages. STAGE 5: PDM COMPARATIVE ESSAY (Landscape) Landscape artworks are a significant component in the expression of art, it is a . well-established genre used extensively throughout the global art industry. Traditionally the penutup, principle subject of a landscape composition was to Cult of Saints, successfully portray a scenic view realistically, but evidently as observed over bahasa melayu, time has progressed. As demonstrated in contemporary artworks, cultural influences, technological advances and other aspects have contributed to.

Abstract art , Art , Color 988 Words | 3 Pages. ?A black man in a white society. How important do you think this is as a factor in Othello's tragedy? Plan What Othellos tragedy is: . essentially believing a dishonest man over his wife How Othello fits in: Christian and experienced military leader How he doesnt: a black Moor, foreigner and subjected to overt racism Newman: believes in racism himself Leavis: Othello is too stupid to Essay about The Power and the, be a tragic hero Iago is a dramatist many critics AC Bradley: Othello is blameless How far Iago is to blame. Black people , Iago , Othello 1247 Words | 2 Pages. ------------------------------------------------- To Kill a Mockingbird Exam Essay TOPIC: Atticus Finch is folio bahasa melayu, a man of wisdom and alienation defined integrity. . Describe Atticus role in challenging the prejudices of Maycomb society and what his children learn about themselves and other people from their father. Melayu? By Megan Davis Harper Lees novel To Kill a Mockingbird, is a transfixing story about military, one mans courage, wisdom and integrity to fight against the disease of racial prejudice. Set in penutup folio the mid 1930s Town. Black people , Discrimination , Harper Lee 872 Words | 3 Pages. 5/8/11 English 11H Essay The Peculiar Institution in America In the early 1600s, American slavery began as . the headright system, under which jobless white men from contoh thesis England worked as indentured servants.

In the 1700s, as indentured servants began rebelling, Americans sought a new, less threatening form of labor. The panacea to Americas problem was found on the West African coast. Folio Bahasa Melayu? Colonists readily imported blacks from West Africa, thus introducing the pernicious. Adventures of Huckleberry Finn , American Civil War , Atlantic slave trade 2417 Words | 7 Pages. critical essay Question: Choose a novel or short story in which there is Self-annihilation in The of Amontillado, a clear turning point. Briefly describe what leads up to the . turning point and explain the effect it has on the rest of the novel or short story. Answer The short story, The Flowers by Alice Walker, has a clear turning point.

There are many clues in bahasa melayu the story which symbolise the turning point coming closer. The turning point is when the main character, a young girl, steps into the skull of a lynched black man and. Black people , Fiction , Ku Klux Klan 1692 Words | 5 Pages. Black Supremacy Throughout history, white anglo-saxons have been notorious for mistreating all races other than it's own. Malcolm X felt . the white man had been actually nothing but a piratical opportunist who used Faustian machinations to make his own Christianity his initial wedge in criminal conquests(563). Essay About Glory? The earth is burdened by the white man! That is the true meaning of what Malcolm X is stating; the words Faustian machinations, meaning evil plotting, implies the whole white population. African American , Afrocentrism , Black people 1346 Words | 4 Pages. Representation of colour in bahasa melayu Tess of the D'Urbervilles.

?Exploring the use of colour (including light and dark) in Tess of the DUrbervilles and Shakespeares sonnets. Often in literature, if not, . Self-annihilation Of Amontillado? always, symbols and symbolism are used to convey characteristics and atmosphere, powerfully evoking images within the penutup melayu, readers subconscious, adding bones to the body of the text. Symbols evoke objective, and create another level to the reality of the work. Colour has always been a popular symbolic technique, easily creating an atmosphere, and generally giving. Color , Colorfulness , Light 1763 Words | 5 Pages. Critical graphic design essay comparison Cipe Pineles Cipe pineles was born- June 23rd 1903 in Essay Cult of Saints Austria, she was a graphic designer /art . director and made a career in New York with magazines such as seventeen, charm and mademoiselle. She became the first member of the female art directors club, then later introduced to melayu, the art directors hall of fame, Pineles became art director at Charm, a magazine targeting a new demographic: working women. About The Power And The? She designed fashion spreads showing the clothes in.

Andy Warhol , Gay Liberation , Graphic design 1459 Words | 4 Pages. conditions for black people living in penutup bahasa melayu America during the Civil rights struggle? Even after slavery was abolished in 1865, . black people still felt as second citizens because of the deep segregation that was going on in the southern states of Essay on The America. The black people felt this way because the new Jim Crow Laws that was invented, laws such as blacks children and white children must be in folio bahasa melayu a completely different school (Missouri, 1929) which also brings me to another Jim Crow Law that blacks and white. African American , Black people , Civil Rights Act of 1964 2503 Words | 6 Pages. ?Stanley Black And Decker Ma Analysis Merger Finance Essay This essay has been written by Self-annihilation of Amontillado Essay a regular student and penutup melayu is . *not* an example of our own work. If you would like your own custom essay written just for you by one of our professionals then click here to learn more. Defined? This paper seeks to conduct an MA analysis of the merger between The Black Decker Corporation and penutup bahasa melayu Stanley Works. It also seeks to provide details of the announcement and various reactions it elicited in the corporate market. The.

Black Decker , Merger integration , Mergers and acquisitions 1227 Words | 4 Pages. during apartheid being black meant you lost out in victorian many privileges it also showed how black people where oppressed. In this poem . we see that Mbongeni Khumalo uses the word black in connection to all the bad things. He highlights that there is folio bahasa, this darkness associated with the colour black and that in contoh penghargaan thesis the 1960s when someone called you a black person it showed nothing good and penutup folio bahasa melayu that no one should be proud of defined being black . He also looks at folio bahasa, all the words that start with black and if one looks deep into. Black people , Blackness , Linguistics 1028 Words | 3 Pages.