Tuesday, June 9, 2020
Amendment of Plaint - Free Essay Example
INTRODUCTION 6 Statement of Problem7 Objectives of the Study 7 Hypothesis of the Study 7 Research Methodology 7 ANALYSIS OF THE RULE à ¢Ã¢â ¬Ã
âAMENDMENT TO PLAINTà ¢Ã¢â ¬Ã 8 Rules to Amend Plaint 9 Leave of Court when not granted 9 Effect of Amendment 10 Amendment second time 10 Principles of Amendment 11 JUDICIAL INTERPRETATIONS 12 CONCLUSION 14 Introduction The 22 Act of 2002 instituted the provision of amendment of Plaint under Order VI Rule 17 of the Code of Civil Procedure.[1] Order VI Rule 17 of the Code of Civil Procedure, 1908 (in short `the Code) enables the parties to make amendment of the plaint which reads as under; 17. Amendment of pleadings The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties: Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. It confers wide discretion on a Court to allow either party to amend or alter his pleadings at any stage of the proceedings on such terms as it deems fit. This discretionary power to court must, however, be exercised in consonance with the judicial principles, existing laws and with reasoned decisions. The object of the Rule is that the Courts should try merits of the cases that come before them and allow all such amendments that helps in determining the real questions of disputes between the parties of the suit and is a step towards achieving ends of justice, provided it does not cause injustice to other party. The provisions of Rule 17 are not exhaustive in nature i.e. it does not limit the powers of court to grant amendments in specific circumstances. The courts are completely empowered to exercise their discretion in granting the application of amendments in the light of said rule. However, where in cases where parties cannot use this rule and the court faces difficulty application of the said rule, section 151 of the Code acts as resort to the Courts that deals with the inherent powers of the Court. The ins titution of this Rule in the amendment was subject to certain restrictions, unlike the previous rule and determines one of the very strong civil right (with the leave of Court) as well as remedy to the parties. The upcoming part of the article shall deal with the instances and case laws that dealt with the questions relating to amendment of plaint and the related aspects attached to the said topic. STATEMENT OF PROBLEM The Rule with respect to amendments of pleading seems an easily available right on the face of it. But the circumstance under which it has been exercised does not make it easily accessible. The problem lies in the wide discretionary powers of court conferred on them under this rule. There are cases where court has denied this right in the light of various situations that came across. Therefore the study will try to figure out the actual application of the said rule and intricacies involved in it. OBJECTIVE To study the logic behind Order VI Rule 17. To understand its better implementation. To understand the discretionary power laid down in the said rule and its application. HYPOTHESIS The remedy of amendment of plaint is easily available option and can be exercised anytime with regards to trial procedure. RESEARCH METHODOLOGY The research work is confined to the cases of Indian Judiciary with regard to analysis of the application of the discretionary power of the Courts and is is an exploratory doctrinal and library based research that involves case descriptions and their landmark judgments that has vital importance. Number of books has been referred and the online databases information was a part of it. ANALYSIS OF THE RULE à ¢Ã¢â ¬Ã
âAMENDMENT TO PLAINTSà ¢Ã¢â ¬Ã As a general rule, material facts and arguments must be generally stated in a plaint but many a times party may find it necessary to amend such pleadings in order to increase the accuracy of facts and make the case stronger. It is rightly said à ¢Ã¢â ¬Ã
âFresh information has come to hand; interrogatories have been fully answered by his opponent; documents who se existence was unknown to him have been disclosed which necessitates reshaping his claim or defense. Or his opponent may have raised some well founded objections to his Pleadings, in case it will be advisable for him to amend his pleadings before ità ¢Ã¢â ¬Ã¢â ¢s too late.à ¢Ã¢â ¬Ã [2] The provisos that came up were to prevent application for amendment being allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. To some extent, it curtails absolute discretion to allow amendment at any stage. Now, if application is filed after commencement of trial, it must be shown that in spite of due diligence, such amendment could not have been sought earlier Amendment cannot be claimed as a matter of right, but still the Courts while deciding such prayers should not adopt a hyper-technical approach. Liberal approach should be the general rule partic ularly, provided that the other side can be compensated with costs. One of the aims of such rule is to prevent multiplicity of suits with same cause of action.[3] Application of the Rule on other proceedings: The Rule 17 apply to several other proceedings such as execution proceedings, insolvency proceedings, arbitration proceedings, election matters, proceedings under the land acquisition act, claim petitions etc. This means that this rule is not restrictive in nature to specific proceedings but the application is universal in nature in the civil legal system. Even when the provisions of the Code are not applicable, courts and tribunals are competent to devise their own procedure consistent with and based on the general principles of justice, equity and good conscience. Rules to Amend Pleadings The Rule confers a very wide discretion on courts in the matter of amendment of pleadings. As a general rule, leave to amend will be granted so as to enable the real question in iss ue between parties to be raised in pleadings, where the amendment will occasion no injury to the opposite party and can be sufficiently compensated for by costs or other terms to be imposed by the order. The rule does not lay down the straight jacket formulae as to when an amendment can be allowed. Due to this judiciary has taken various views and points that can be considered for when to grant leave for amendment. Following are certain principles: Whether the amendment sought is imperative for proper and effective adjudication of the case. Whether the application for amendment is bona fide or mala fide. The amendment should not cause such prejudice to the other side which cannot be compensated adequately in terms of money. This keeps check on the rights of the opposite parties. Refusing amendment would in fact lead to injustice or lead to multiple litigation. Whether the proposed amendment constitutionally or fundamentally changes the nature and character of the case. These are the general rules of amendment of plaint that are allowed by court. Later in the next section, the article shall deal with various judgments that dealt with this subject. When the Leave of Court shall not be granted: This section is rather more important to understand to clear the distinction between when the Court shall grant the leave and when it shall not. It is perceived that the amendment is easily accessible right providing discretion of Court. But there are instances where in the Courts have disallowed the application for amendment due to different reasons. Some of the instances of not allowing the application are: When amendment is not necessary for the purpose of determining the real question in controversy between the parties as the real controversy test is the basic test. If it introduces a totally different, new and inconsistent case or changes the fundamental character of the suit or defence. Where the effect of the proposed amendment is to take away from the other side a legal right accrued in his favor. Where the application for amendment is not made in good faith and the applicant has acted mala fide. Effect of Amendment in Plaint It is general rule that every plaint shall be determined on the facts filed on the date of institution. So as to shorten the course of proceedings, the court allows the amendment and where an amendment is allowed, such amendment relates back to the date of the suit as originally filed. Amendment to Plaint second time This is very crucial aspect with regards to second time amendment to plaint in the same suit. This generally does not occur, but what if certain facts still needs to be inserted in the plaint so as to assure proper adjudication of the matter? This might occur in practice and so it will be important here to refer the case of J. Samuel and Others v. Gattu Mahesh and Others[4], where the apex court held that à ¢Ã¢â ¬Ã
âthe primary aim of the court is to try the case on its merits and ensure that the rule of justice prevails. For this the need is for the true facts of the case to be placed before the court so that the court has a ccess to all the relevant information in coming to its decision. Therefore, at times it is required to permit parties to amend their plaints. Duly diligent efforts are a requirement for a party seeking to use the adjudicatory mechanism to attain an anticipated relief. The term Due diligence is specifically used in the Code of Civil Procedure so as to provide a test for determining whether to exercise the discretion in situations of requested amendment after the commencement of trial. The term due diligence determines the scope of a partys constructive knowledge, claim and is very critical to the outcome of the suit. Therefore it becomes immaterial that how many times the amendment to plaint is demanded. If the amendment is necessary for the adjudication and does not defeat the ends of justice, then even the 2nd time amendment shall be allowed. Principles of Amendment As the aim of amendment is the effective discharge of the adjudication, so the provisions must be liberally construed and approached. The exercise of judicial discretion must be in the light of judicial considerations and with great care and circumspection. Ordinarily, following principles are followed while amendment: All amendments must be allowed which are necessary for determination of real controversies. The proposed amendment should not alter and be a substitute of cause of action originally raised. Inconsistent and contradictory allegations that will negate the present facts instituted shall not be allowed for amendment. The proposed amendment should not cause prejudice to the other party. Amendment barred by limitation should not be allowed. Technicalities of law should not hinder justice and so the amendment should be allowed to minimize the litigation between the parties. The delay in filing amendment petitions must be duly compensated. Mala fide intentions behind the amendment must be discouraged. Thus, above are the crux of the amendments in pleadings and the views of judicial interpretations on the issue. Judicial Interpretations It is now well-settled by various decisions of this Court as well as those by High Courts that the courts should be liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side or on the ground that the prayer for amendment was not a bonafide one. In this connection, the observation of the Privy Council in the case of Ma Shwe Mya v. Maung Mo Hnaung[5] may be taken note of. The Privy Council observed: All rules of courts are nothing but provisions intended to secure the proper administration of justice and it is, therefore, essential that they should be made to serve and be subordinate to that purpose, so that full powers of amendment must be enjoyed and should always be liberally exercised, but nonetheless no power has yet been given to enable one distinct cause of a ction to be substituted for another, nor to change by means of amendment, the subject-matter of the suit. Usha Devi v. Rijwan Ahamd and Others[6] Proviso to Order 6 Rule 17 CPC provides that amendment of pleadings shall not be allowed when the trial of the suit has already commenced. For this reason, we have examined the records and find that, in fact, the trial has not yet commenced. That apart, commencement of trial as used in proviso to Order 6 Rule 17 in the Code of Civil Procedure must be understood in the limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments. As noted hereinbefore, parties are yet to file their documents; we do not find any reason to reject the application for amendment of the written statement in view of proviso to Order 6 Rule 17 CPC which confers wide power and unfettered discretion on the court to allow an amendment of the written statement at any stage of the proceedings. Surender Kumar Sharma v. Makhan Singh[7] The prayer for amendment was refused by the High Court on two grounds. So far as the first ground is concerned i.e. the prayer for amendment was a belated one, we are of the view that even if it was belated, then also, the question that needs to be decided is to see whether by allowing the amendment, the real controversy between the parties may be resolved. It is well settled that under Order 6 Rule 17 of the Code of Civil Procedure, wide powers and unfettered discretion have been conferred on the court to allow amendment of the pleadings to a party in such a manner and on such terms as it appears to the court just and proper. Even if, such an application for amendment of the plaint was filed belatedly, such belated amendment cannot be refused if it is found that for deciding the real controversy between the parties, it can be allowed on payment of costs. Therefore, in our view, mere delay and laches in making the application for amendmen t cannot be a ground to refuse the amendment. In Pirgonda Hongonda Patil v. Kalgonda Shidgonda Patil which still holds the field, it was held that all amendments ought to be allowed which satisfy the two conditions: (a) of not working injustice to the other side, and (b) of being necessary for the purpose of determining the real questions in controversy between the parties. Amendments should be refused only where the other party cannot be placed in the same position as if the pleading had been originally correct, but the amendment would cause him an injury which could not be compensated in costs. Rajesh Kumar Aggarwal and Others v. K.K. Modi and Others[8] The object of the rule is that the courts should try the merits of the case that come before them and should, consequently, allow all amendments that may be necessary for determining the real question in controversy between the parties provided it does not cause injustice or prejudice to the other side. Order 6 Rule 17 consists of two parts: Whereas the first part is discretionary (may) and leaves it to the court to order amendment of pleading. The second part is imperative (shall) and enjoins the court to allow all amendments which are necessary for the purpose of determining the real question in controversy between the parties. Mashyak Grihnirman Sahakari Sanstha Maryadit V. Usman Habib Dhuka Ors.[9] Plaintiff took our Chamber Summons for amending the plaint seeking to incorporate the relief of declaration of Conveyance Deed as illegal and malafide. Chamber Summons was dismissed by the Civil Court. Writ petition was filed in the High Court and the HC permitted the plaintiffs to amend the plaint. The issue came up with the apex court with the issue that whether the High Court committed an error of law in setting aside the order passed by the Trial Court and the SC was affirmative saying that the demand of amendment did not fulfilled the basic principles for granting leave for amendment. Conclusion From the above research on the topic is that the Courts possess high discretionary power that determines whether the leave for amendment must be granted or not. It has been seen in various judgments by courts where they have allowed amendment seeing the circumstance of each different matter. The purpose of Order VI Rule 17 is to help in effective adjudication and determination of controversy between the parties. The rights of other parties are kept in mind and so it is checked that in case of delayed amendment is suits, appropriate compensation is given to other parties. The right of amendment is not easily accessible right as court keeps check on the mala fide intention of the parties and various other cons attached with it. Thus the hypothesis proves to be wrong in this case. The amendment to plaint under the Code is an essential aspect of a suit because it is one of the inherent steps of the adjudication to make it better and effective. It is based on the phrase that Justice should not only be done but must be manifested accordingly. Therefore, the amendment forms an essential part of administration of justice in the civil legal system. 1 | Page [1] Available at https://www.legalblog.in/2011/08/amendment-of-pleadings-broad-principles.html , last accessed on May 6th, 2014. [2] C.K. Takwani à ¢Ã¢â ¬Ã
âCivil Procedure with Limitation Act, 1963à ¢Ã¢â ¬Ã , Eastern Book Company, 7th Edition, 2013, Pg.212. [3]Available at https://www.legalblog.in/2011/08/amendment-of-pleadings-broad-principles.html#sthash.NdOLpWZK.dpuf, last accessed on May 7th, 2014. [4] AIR 2005 SC 3353 [5] [AIR 1922 P.C. 249] [6](2008) 3 SCC 717 [7] (2009) 10 SCC 626 [8] (2006) 4 SCC 385 [9] 2013 (I) CLR (SC)
Tuesday, May 26, 2020
Becoming a Philosphy Scholar Too! - 1457 Words
Dear Student, Although Philosophy 3000 may be a required course at Fordham University, that does not mean it will not quickly become one of your favorite courses. If you are lucky enough to have Professor Sajber as your professor, I can guarantee that the various philosophers theories about morals and ethics that you will study will seem to come to life through open class discussions on hypothetical scenarios and examples to help you better understand the content, while relating it to realistic situations. Learning about the different philosophers theories on moral judgment allows you to question your own morals while looking at morality through a different lens. The philosophies on morality that truly made me rethink my moral judgment through presenting me with a different ethical perspective were the philosophers David Hume, Jeremy Bentham, and Immanuel Kant. The reading that resonated with me the most was David Humeââ¬â¢s, A Treatise of Human Nature. Before I began reading the text, I had a preconceived notion that Humeââ¬â¢s theory on moral decision-making was probably outdated and would not be able to be applied to todayââ¬â¢s moral and ethical beliefs in society. However, my initial instinct was wrong and as soon as I delved deep into reading Humeââ¬â¢s theory, I quickly realized that his sentimentalist approach was a fresh perspective from other philosophers, such as Kant, who solely focus on morality through reason and the act of duty. Instead, Hume argues that reason is inShow MoreRelatedSocrates and Properties Essay3228 Words à |à 13 Pagesmoment when the future of that interest might be in some doubt. But by offering consistently challenging and novel interpretations, and by arguing clearly and vigorously for their positions with reference both to the texts and to the work of other scholars, the authors guarantee a continuing debate on the topics. It is certainly one of the best introductions there is to Socratic thought, together with Vlastos Socrates, Ironist and Moral Philosopher and posthumous companion volume Socratic Studies
Sunday, May 17, 2020
The Global Eradication of Polio Essays - 1763 Words
The Global Eradication of Polio The possibility of the eradication of polio worldwide is an imminent and exciting prospect as the goal year quickly approaches. In 1988, the World Health Assembly, which governs the World Health Organization, set the goal of eliminating polio from the world by the year 2010. Many organizations have joined the effort along with the World Health Organization: the Center for Disease Control and Prevention, UNICEF, Rotary International, Global Health Network, the US Agency for International Development, National Immunization Day, and the International Broadcasting Bureau. Together, these worldwide polio partners have implemented a strategy to completely rid the world of this disease. It is a difficultâ⬠¦show more contentâ⬠¦The poliovirus enters the body through the mouth, and multiplies in the throat and intestines. It may remain unmanifested for anywhere from four to thirty-five days. Once the virus is in the intestines it has the potential to spread throughout the body by way o f the bloodstream, and infiltrate into the central nervous system. In the central nervous system, the virus can spread out along the nerve fibers and begin to destroy the nerve cells, or motor neurons, resulting in limpness in the arms and legs. This is known as acute flaccid paralysis and this symptom of polio (also a symptom of several other diseases) is used to uncover new cases which may have been misdiagnosed or not diagnosed at all (WHO 1999). This is a necessary procedure in that it helps to cover all the bases in the pursuit of eradicating poliovirus from the earth. It is important to note that paralysis does not occur in all polio cases. Acute poliomyelitis manifests itself as a two-phased disease in a small proportion of its victims. The first phase is minor, a non-specific febrile illness (Prevots 1999). 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Friday, May 15, 2020
Limitations of the Arguments towards the Existence of God...
The western conception of god is defined as the superme being that is all-powerful, all-knowing, omnipresence, perfection, all-loving and most kind. Although monotheism like Christian believe God which is perfect existed and they propose several arguments to prove Godââ¬â¢ existence, however there are no evidence to show that god actually exist. Atheists suggested those arguments provide insufficient reason to believe. Furthermore, some arguments propose that it is possible to disprove the existence of God, or of certain characteristics attributed to God. This article will be discuss the limitation of some arguments for the existence of god and propose some arguments against godââ¬â¢ existence. limitation of arguments for the existence of godâ⬠¦show more contentâ⬠¦Thought this argument, it is not necessary to find the physical evidence of Godââ¬â¢s existence as we can prove Godââ¬â¢s existence by logic. However, the successful of this argument is controversial. Critics argue the statement is not persuasive.There are some general objections to ontological arguments. First, existence is not a characteristics of perfection. Reneââ¬Ës premise stated that it is more perfect to exist than not to exist. However, it seem that it is more prefect that Hitler or devils not to exist, therefore his second premise has problem. Furthermore, Immanuel Kant proposed that existence is not a predicate because it is not the essence of God. If existence is a not predicate, both God that exists to a God that does not are the same and they canââ¬â¢t greater than each other. Third, ontological argument is begging the question, which is statement is assumed to be true without evidence, since the premise that god is the most perfect being is yet to be proved. cosmological Arguments Cosmological argument is an argues of the first cause of the universe. Thomas Aquinas adapted this argument and proposed every contingent must have a cause, therefore the beginning of the universe must had a cause, He stated that the cause is the necessary being, which mean God. Thus, God exist. However, the argument did nââ¬â¢t not explain the reason of the first cause isShow MoreRelatedCan We Prove God Exists? Essay562 Words à |à 3 Pagesdiscuss the existence of God. Some philosophers, such as St Thomas Aquinas, and St Anselm, believe that we have proven that God exists through our senses, logic, and experience. Others such as Soren Kierkegaard, and Holbach, feel that we will never have the answer to this question due to our human limitations, and reason. The believer tends to rely on faith for his belief, and claim they do not need proof in order to believe in the Gods existence. The atheist however, tends to lean more towards commonRead MoreOn Being an Atheist, by H.J. 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Your assignment is to read McCloskeyââ¬â¢s short article found in the Reading Study folder in Module/WeekRead MoreThe Theory Of God s The Same Meditation 1533 Words à |à 7 PagesHis argument that God exists are mainly focused explicitly on Mediation three and five. In Mediation three, he says: ââ¬Å"I must inquire whether there is a God [for if there is}, I must examine likewise whether he can be a deceiverâ⬠¦Ã¢â¬ He points out that God may be a deceiver, but has no foundational basis to prove that. But when he introduced the evil genius superior earlier in his Meditation one, he said that figure may also be tricking him into thinking God exists, and thus deceiving him. The evil geniusRead MoreThe Absolute Ego1865 Words à |à 8 PagesDuring this paper I will discuss Fichteââ¬â¢s ideas on the absolute ego and how it pertains to the idea of God. I will also discuss the similarities and also the differences between Fichte and Smakra as outlined by Lewis. 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Wednesday, May 6, 2020
Trans-Atlantic Slave Trade vs. Human Trafficking Essay
Ariel Bosselaar Professor Gabriele Gottlieb Hst. 300: Writing History December 15, 2011 Trans-Atlantic Slave Trade VS. Human Trafficking Although slavery may have legally ended in 1865 with the end of the Civil War, it continues to be a problem worldwide today. ââ¬Å"The UN International Labor Organization (ILO) calculates the minimum number of people in forced labor at 12.3 million, while research by Free the Slaves, a non-governmental organization (NGO) based in the United Sates, puts the number at 27 million.â⬠Even so, there are many similarities between the Trans-Atlantic slave trade and human trafficking today. All through the Trans-Atlantic slave trade slavery happened mostly in colonies in North and South America and theâ⬠¦show more contentâ⬠¦In 2002 to keep control of Lyudmilla, a young single mother from the Soviet republic of Moldova traffickers used rape, beatings, and they kept her passports so that she had no way of going home even if she escaped. Mercy, a young woman from West Africa who was taken to Italy, escaped only to have trafficker s kill her sister as punishment for Mercy escaping and going to a human rights group for help. During both times of slavery violence has been used to keep slaves under control and as punishment should they to misbehave or try to run away. Like in England during the Trans-Atlantic slave trade, slavery today is out of sight. During the Trans-Atlantic slave trade slavery was accepted as the norm and many people justified slavery by saying the white man was superior to the black slaves. Today slavery is also out of sight simply because it is illegal and therefore it happens mostly behind closed doors where the public cannot see what is happening. Today though, many people are aware that slavery is taking places but they are much more complacent than their counterparts in the Trans-Atlantic slave trade. ââ¬Å"Perhaps we simply prefer to close our eyes to it, as many law-abiding citizens buy the products and the services produced on the cheap by slaves,â⬠Antonio Maria Costa, Executive Director of the UN Office on Drugs and Crime (UNODC) said. Today people are much too comfortable with being able to buy various items extremely cheap not caring orShow MoreRelatedOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words à |à 656 PagesCentury â⬠¢ Jose C. Moya and Adam McKeown 9 â⬠¢ 2 Twentieth-Century Urbanization: In Search of an Urban Paradigm for an Urban World â⬠¢ Howard Spodek 53 3 Women in the Twentieth-Century World Bonnie G. Smith 83 4 The Gendering of Human Rights in the International Systems of Law in the Twentieth Century â⬠¢ Jean H. Quataert 116 5 The Impact of the Two World Wars in a Century of Violence â⬠¢ John H. Morrow Jr. 161 6 Locating the United States in Twentieth-Century World History Read MoreInternational Management67196 Words à |à 269 PagesIran, North Korea, Iraq, and Afghanistan, especially as the U.S. role in these latter two countries evolves. On the economic front, failure to conclude important trade agreements, including the so-called ââ¬Å"Developmentâ⬠Round of multilateral trade negotiations under the World Trade Organization, and the lagging support for some bilateral trade agreements pose additional challenges to global managers and multinational companies. In addition, the BP oil spill in the Gulf of Mexico has renewed calls for
JIT Manufacturing and Inventory Control System Essay
JIT Manufacturing and Inventory Control System Since the dawn of human existence evolution in all sectors of society has occurred due to Economic factors. This has mainly happened due to the fact that all technological achievements have occurred in favor of money. Specifically we can admit that Economy is the main reason for growth and development. By these means it is in our interest to establish strong economies either as societies (macroeconomics) or as individuals (microeconomics). For these reasons several techniques and methods have been initiated in order help modern individuals to develop. Such techniques are usually Accounting orâ⬠¦show more contentâ⬠¦By these means the company is never overstocked and that has as an affect that the company will never have a liquidity problem since assets as stock of goods are smaller and cash is bigger. Another reason for this to happen is the fact that Just in time manufacturing is a philosophy of eliminating non value added activities and increasing product quality throughout the manufacturing process (Meigs, Bettner, p. 804). But how can we control if our Just in time manufacturing system is efficient? The answer to that is given by Meigs and Bettner : A widely used measure of efficiency in a Just in time system is the Manufacturing Efficiency ratio (p. 805). This ratio is given by the Value Added Activities time over the Cycle time. The cycle time is the time of processing, storing, moving and inspecting that is spent on the material before their usage. If the ratio is equal to one then we have the perfect Manufacturing efficiency ratio. This means that the smaller the number the less efficient is our Just in Time manufacturing method and the larger are the Value added activities. Finally we can conclude that if we perform the Just inShow MoreRelated JIT manufacturing and inventory control system Essay1053 Words à |à 5 PagesJIT Just-in-time production is considered to be on the leading edge of technological advancement. With improvements in the virtually every industry, maintaining an effective production line while minimizing inventory costs is a very feasible option. Just-in-time systems are designed to keep inventory costs at a minimum, unlike the ways of old, with large warehouses loaded with back inventory. With technology allowing instantaneous communication around the world, production lines and stores doRead MoreNotes On Jit Inventory Systems Essay1666 Words à |à 7 Pagesintroduced during the 1950s and 1960s that has the characteristics of a pull system, meaning required inventory is only produced or used when demand is ââ¬Å"pullingâ⬠to do so. After the inventory is used up, only what is needed to replace what has been used is manufactured. Because goods are only produced to keep up with demand, there is minimal inventory which can cause a reduction in overhead and an increase in respon siveness. JIT systems are based on the pull concept rather than the push concept, where productsRead MoreJit And Its Effect On The Manufacturing Industry1081 Words à |à 5 Pages Just-In-Time (JIT), will be examined. The historical background of JIT and its impact on the manufacturing industry will also be discussed. An important highlight of this paper will be the discussion of push versus pull and how it relates to JIT. Lean manufacturing and its relation to JIT will also be addressed. Finally, the relationship between JIT and a Kanban manufacturing system will be highlighted. Information from scholarly research will be utilized to determine whether JIT can be implementedRead MoreAlternative Terms For Jit Manufacturing Essay1458 Words à |à 6 PagesJust-in-time (JIT) manufacturing, also known as just-in-time production or the Toyota production system (TPS), is a methodology aimed primarily at reducing flow times within production system as well as response times from supplier s and to customers. Following its origin and development in Japan, largely in the 1960s and 1970s and particularly at Toyota.[1][2] Alternative terms for JIT manufacturing have been used. Motorola s choice was short-cycle manufacturing (SCM).[3][4] IBM s was continuous-flowRead MoreA Brief Note On Jit And Its Effect On How Business Is A World Leader Of Development And Production849 Words à |à 4 PagesEvery company, firm, or organization has a need to know and understand how to plan for production and the inventory needed to sustain it. During the reconstruction following World War Two an atmosphere was present that enabled pioneering minds just as Deming to institute several industrial theories into practice. Having embraced the concepts whole heartedly, these theories enabled post war Japan to become a world leader in development and production. According to Evans Lindsay (2010), theseRead MoreJit : An Inventory Strategy1177 Words à |à 5 PagesDEFINITION of Just In Time - JIT An inventory strategy companies employ to increase efficiency and decrease waste by receiving goods only as they are needed in the production process, thereby reducing inventory costs. This method requires that producers are able to accurately forecast demand. INVESTOPEDIA EXPLAINS Just In Time - JIT A good example would be a car manufacturer that operates with very low inventory levels, relying on their supply chain to deliver the parts they need to buildRead MoreThe Human Nature Of Human Beings1105 Words à |à 5 Pagescreation in manufacturing industries has been the just-in-time theory, which is a production system responsible to identify problems in the value chain and to work and analyze these problems to reduce the waste with overproduction, delays in the production schedule and increasing the production (Cheng, 1996). There are a quite number of benefits of employing just in time in a production line that influence at the goods` final quality, time and the companyââ¬â¢s profit. Employing just-in-time (JIT) in industriesRead MoreA Comparison For Variable Cost And Absorption Costing990 Words à |à 4 Pagescosting using Sales: 60,000 units Production: 80,000 units Ending Inventory: 20,000 units Based on these analyses I have made several recommendations along with pros and cons to aid in the decision-making process. I recommend that we use absorption costing over variable costing. Absorption costing is a method where ââ¬Å"â⬠¦fixed manufacturing costs are inventoriable costsâ⬠(Datar, et al, 2009). That is, inventory ââ¬Å"absorbsâ⬠all manufacturing costs. In the absorption metho there does not need to be a distinctionRead MoreCustomer Relationship Management ( Crm )1359 Words à |à 6 PagesERP systems bring together all aspects of operations and supply chain management, from raw materials to customer relationship management (CRM). Electronics retailer Best Buy found that the use of demand management tools increased price optimization, which in turn increased inventory turns by 50% (Blanchard, 2010). Other tools, like benchmarking, are also immensely valuable as automobile manufacturer Hyundai discovered. The company found that fill rate, the percentage of customer demand satisfiedRead MoreJust in Time1644 Words à |à 7 Pagesan analysis and evaluation of the Just-In-Tim e system, the advantages and disadvantages of the system and how it would benefit AG Z. The Just-In-Time (JIT) system is a process where goods are ordered as required, as opposed to the currently used batch processing system where goods are made in bulk and stored in warehouses until sold. The Just-In-Time system was initially developed to not only cut down the amount of waste produced by other systems, which was seen as incurring unnecessary costs
Biology1 Essay Example For Students
Biology1 Essay The peregrine is the worlds fastest bird; it can reach over 200 miles as it dives from tall cliffs onto smaller birds (1). It circles high searching for prey and when a smaller bird like a pigeon takes off it plummets to the earth and kills it with razor sharp talons. The Peregrines identifying characteristics include its large size, long pointed wings and dark mustache set against white cheeks (11). The female has a wingspan of about 4 feet and often weights more than two pounds as compared to the smaller males the generally only weight in at one pound (11). It was found from the subarctic boreal forests of Alaska and Canada all the way south to Mexico (1). It was called the worlds most successful flying bird largely as a result of its unsurpassed flight characteristics and unusually stable, near-global population. Peregrines could once be found on every continent except Antarctica (2). Besides man the Peregrines only natural predator is the great horned owl which often raids the Pe regrines nest (11). The peregrine has recovered remarkably well. It is now found throughout North America and is breeding in the wild. There are 1,593 breeding pairs of Peregrines in North America, up from 324 in 1975 and well past the initial repopulation goal of 631 pairs (3). Their repopulation was aided by their integration into manmade environments. Peregrines have adapted remarkably well to the city environment. Often they make nests on the ledges of sky scrappers where they are able to dive down onto the unsuspecting pigeons that cloud the city air. They will return to the same ledge year after year. Over 50 pairs of Peregrines winter in L.A. (4). DDT was a very effective and stable pesticide that was sprayed over large sections of swampland in order to combat mosquito populations. Because of its stability it was concentrated as it moved up the food chain. It kills mosquitoes and other small insects that are then eaten by fish which in turn are eaten by birds of prey. When DD T is introduced into the environment it produces DDE, which accumulates in eggshells causing them to break in the nest (2). The Environmental Protection Agency banned the pesticide in 1972. One of the major driving forces behind the banning of DDT was the book Silent Spring by Rachel Carson, who was a former U.S. Fish and Wildlife employee (3). Peregrines are often brought into shelters after being wounded by hunters. In past years they were killed because they feed off of game birds such as quail. The Migratory Bird Treaty Act states that it is illegal to trap, kill, or otherwise disturb the Peregrine and its nests. DDT and its effects decimated a once healthy peregrine falcon population. Populations in the western states dropped more than 90% (3). In 1970 there were only two pairs in all of California, down from an estimated 300 in 1960 (2). The population was helped along the road to recovery by the banning of DDT. Despite this action large amounts of the chemical lingered in the environment for years to come. The peregrine was put on the endangered species list in 1973(2). This is one of the reasons for its rapid increase. There was a massive captive breeding effort and over 6,200 pairs were released into the wild (4). Mostly volunteers and zoos hand raised these falcons. This breeding effort was instrumental in repopul ating the Peregrine to the wild. One problem with a captive breeding program is the possibility of a founding effect and population bottleneck. Also many non-innate behaviors, normally taught by the parents, captive hatchlings do not know. Often times eggs from captive breed birds would be placed in wild Peregrine nests. The success of the Peregrine has become an important symbol for the Endangered Species List and the US Fish and Wildlife. Its success means that it is possible to repopulate a species into the wild.Controversy still surrounds the Peregrine even in the midst of its amazing rebound. The numbers of Peregrine pairs in the wild are much higher than the original goals of the repopulation programs. As mentioned earlier, in 1970 there were only 2 peregrine pairs left in California, in 1997 there were 125 pairs (2). As a result of the overall increase in Peregrine population, on August 25, 1999 it was taken off the endangered species list (1). This move was harshly criticize d by some of the scientists who were instrumental in the falcons return to the wild. Even though the population has increased dramatically, little has been done to protect the habitat of the birds and the loss of genetic variability remains a major concern. The large increase in peregrine population is largely the result of captive birds being released and as a result it is believed that there may be a population bottleneck and a loss of genetic variability. For the most part the Peregrines population has expanded, but the genetic variability of the species remains undetermined. For the most part however, the Peregrine still stands as one of the few successful attempts to reverse the consequences of mans interference in the natural cycle of life. .u070206fd0d98387af2b7f37fc9914441 , .u070206fd0d98387af2b7f37fc9914441 .postImageUrl , .u070206fd0d98387af2b7f37fc9914441 .centered-text-area { min-height: 80px; position: relative; } .u070206fd0d98387af2b7f37fc9914441 , .u070206fd0d98387af2b7f37fc9914441:hover , .u070206fd0d98387af2b7f37fc9914441:visited , .u070206fd0d98387af2b7f37fc9914441:active { border:0!important; } .u070206fd0d98387af2b7f37fc9914441 .clearfix:after { content: ""; display: table; clear: both; } .u070206fd0d98387af2b7f37fc9914441 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u070206fd0d98387af2b7f37fc9914441:active , .u070206fd0d98387af2b7f37fc9914441:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u070206fd0d98387af2b7f37fc9914441 .centered-text-area { width: 100%; position: relative ; } .u070206fd0d98387af2b7f37fc9914441 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u070206fd0d98387af2b7f37fc9914441 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u070206fd0d98387af2b7f37fc9914441 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u070206fd0d98387af2b7f37fc9914441:hover .ctaButton { background-color: #34495E!important; } .u070206fd0d98387af2b7f37fc9914441 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u070206fd0d98387af2b7f37fc9914441 .u070206fd0d98387af2b7f37fc9914441-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u070206fd0d98387af2b7f37fc9914441:after { content: ""; display: block; clear: both; } READ: Hemingways A Farewell To Arms EssayBibliography:
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