When did the Supreme Court of India come into being? ?->(Show Answer!)

1. When did the Supreme Court of India come into being?

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MCQ-> The persistent patterns in the way nations fight reflect their cultural and historical traditions and deeply rooted attitudes that collectively make up their strategic culture. These patterns provide insights that go beyond what can be learnt just by comparing armaments and divisions. In the Vietnam War, the strategic tradition of the United States called for forcing the enemy to fight a massed battle in an open area, where superior American weapons would prevail. The United States was trying to re-fight World War II in the jungles of Southeast Asia, against an enemy with no intention of doing so. Some British military historians describe the Asian way of war as one of indirect attacks, avoiding frontal attacks meant to overpower an opponent. This traces back to Asian history and geography: the great distances and harsh terrain have often made it difficult to execute the sort of open-field clashes allowed by the flat terrain and relatively compact size of Europe. A very different strategic tradition arose in Asia. The bow and arrow were metaphors for an Eastern way of war. By its nature, the arrow is an indirect weapon. Fired from a distance of hundreds of yards, it does not necessitate immediate physical contact with the enemy. Thus, it can be fired from hidden positions. When fired from behind a ridge, the barrage seems to come out of nowhere, taking the enemy by surprise. The tradition of this kind of fighting is captured in the classical strategic writings of the East. The 2,000 years' worth of Chinese writings on war constitutes the most subtle writings on the subject in any language. Not until Clausewitz, did the West produce a strategic theorist to match the sophistication of Sun-tzu, whose Art of War was written 2,300 years earlier. In Sun-tzu and other Chinese writings, the highest achievement of arms is to defeat an adversary without fighting. He wrote: "To win one hundred victories in one hundred battles is not the acme of skill. To subdue the enemy without fighting is the supreme excellence." Actual combat is just one among many means towards the goal of subduing an adversary. War contains too many surprises to be a first resort. It can lead to ruinous losses, as has been seen time and again. It can have the unwanted effect of inspiring heroic efforts in an enemy, as the United States learned in Vietnam, and as the Japanese found out after Pearl Harbor. Aware of the uncertainties of a military campaign, Sun-tzu advocated war only after the most thorough preparations. Even then it should be quick and clean. Ideally, the army is just an instrument to deal the final blow to an enemy already weakened by isolation, poor morale, and disunity. Ever since Sun-tzu, the Chinese have been seen as masters of subtlety who take measured actions to manipulate an adversary without his knowledge. The dividing line between war and peace can be obscure. Low-level violence often is the backdrop to a larger strategic campaign. The unwitting victim, focused on the day-to-day events, never realizes what's happening to him until it's too late. History holds many examples. The Viet Cong lured French and U.S. infantry deep into the jungle, weakening their morale over several years. The mobile army of the United States was designed to fight on the plains of Europe, where it could quickly move unhindered from one spot to the next. The jungle did more than make quick movement impossible; broken down into smaller units and scattered in isolated bases, US forces were deprived of the feeling of support and protection that ordinarily comes from being part of a big army. The isolation of U.S. troops in Vietnam was not just a logistical detail, something that could be overcome by, for instance, bringing in reinforcements by helicopter. In a big army reinforcements are readily available. It was Napoleon who realized the extraordinary effects on morale that come from being part of a larger formation. Just the knowledge of it lowers the soldier's fear and increases his aggressiveness. In the jungle and on isolated bases, this feeling was removed. The thick vegetation slowed down the reinforcements and made it difficult to find stranded units. Soldiers felt they were on their own. More important, by altering the way the war was fought, the Viet Cong stripped the United States of its belief in the inevitability of victory, as it had done to the French before them. Morale was high when these armies first went to Vietnam. Only after many years of debilitating and demoralizing fighting did Hanoi launch its decisive attacks, at Dienbienphu in 1954 and against Saigon in 1975. It should be recalled that in the final push to victory the North Vietnamese abandoned their jungle guerrilla tactics completely, committing their entire army of twenty divisions to pushing the South Vietnamese into collapse. This final battle, with the enemy's army all in one place, was the one that the United States had desperately wanted to fight in 1965. When it did come out into the open in 1975, Washington had already withdrawn its forces and there was no possibility of re-intervention. The Japanese early in World War II used a modern form of the indirect attack, one that relied on stealth and surprise for its effect. At Pearl Harbor, in the Philippines, and in Southeast Asia, stealth and surprise were attained by sailing under radio silence so that the navy's movements could not be tracked. Moving troops aboard ships into Southeast Asia made it appear that the Japanese army was also "invisible." Attacks against Hawaii and Singapore seemed, to the American and British defenders, to come from nowhere. In Indonesia and the Philippines the Japanese attack was even faster than the German blitz against France in the West. The greatest military surprises in American history have all been in Asia. Surely there is something going on here beyond the purely technical difficulties of detecting enemy movements. Pearl Harbor, the Chinese intervention in Korea, and the Tet offensive in Vietnam all came out of a tradition of surprise and stealth. U.S. technical intelligence – the location of enemy units and their movements was greatly improved after each surprise, but with no noticeable improvement in the American ability to foresee or prepare what would happen next. There is a cultural divide here, not just a technical one. Even when it was possible to track an army with intelligence satellites, as when Iraq invaded Kuwait or when Syria and Egypt attacked Israel, surprise was achieved. The United States was stunned by Iraq's attack on Kuwait even though it had satellite pictures of Iraqi troops massing at the border. The exception that proves the point that cultural differences obscure the West's understanding of Asian behavior was the Soviet Union's 1979 invasion of Afghanistan. This was fully anticipated and understood in advance. There was no surprise because the United States understood Moscow's worldview and thinking. It could anticipate Soviet action almost as well as the Soviets themselves, because the Soviet Union was really a Western country. The difference between the Eastern and the Western way of war is striking. The West's great strategic writer, Clausewitz, linked war to politics, as did Sun-tzu. Both were opponents of militarism, of turning war over to the generals. But there all similarity ends. Clausewitz wrote that the way to achieve a larger political purpose is through destruction of the enemy's army. After observing Napoleon conquer Europe by smashing enemy armies to bits, Clausewitz made his famous remark in On War (1932) that combat is the continuation of politics by violent means. Morale and unity are important, but they should be harnessed for the ultimate battle. If the Eastern way of war is embodied by the stealthy archer, the metaphorical Western counterpart is the swordsman charging forward, seeking a decisive showdown, eager to administer the blow that will obliterate the enemy once and for all. In this view, war proceeds along a fixed course and occupies a finite extent of time, like a play in three acts with a beginning, a middle, and an end. The end, the final scene, decides the issue for good. When things don't work out quite this way, the Western military mind feels tremendous frustration. Sun-tzu's great disciples, Mao Zedong and Ho Chi Minh, are respected in Asia for their clever use of indirection and deception to achieve an advantage over stronger adversaries. But in the West their approach is seen as underhanded and devious. To the American strategic mind, the Viet Cong guerrilla did not fight fairly. He should have come out into the open and fought like a man, instead of hiding in the jungle and sneaking around like a cat in the night. According to the author, the main reason for the U.S. losing the Vietnam war was
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MCQ-> Read the following passage and provide appropriate answers for the questionsThere is an essential and irreducible ‘duality’ in the normative conceptualization of an individual person. We can see the person in terms of his or her ‘agency’, recognizing and respecting his or her ability to form goals, commitments, values, etc., and we can also see the person in terms of his or her ‘well-being’. This dichotomy is lost in a model of exclusively self- interested motivation, in which a person’s agency must be entirely geared to his or her own well-being. But once that straitjacket of self-interested motivation is removed, it becomes possible to recognize the indisputable fact that the person’s agency can well be geared to considerations not covered - or at least not fully covered - by his or her own well-being. Agency may be seen as important (not just instrumentally for the pursuit of well-being, but also intrinsically), but that still leaves open the question as to how that agency is to be evaluated and appraised. Even though the use of one’s agency is a matter for oneself to judge, the need for careful assessment of aims, objective, allegiances, etc., and the conception of the good, may be important and exacting. To recognize the distinction between the ‘agency aspect’ and the ‘well-being aspect’ of a person does not require us to take the view that the person’s success as an agent must be independent, or completely separable from, his or her success in terms of well-being. A person may well feel happier and better off as a result of achieving what he or she wanted to achieve - perhaps for his or her family, or community, or class, or party, or some other cause. Also it is quite possible that a person’s well-being will go down as a result of frustration if there is some failure to achieve what he or she wanted to achieve as an agent, even though those achievements are not directly concerned with his or her well-being. There is really no sound basis for demanding that the agency aspect and the well-being aspect of a person should be independent of each other, and it is, I suppose, even possible that every change in one will affect the other as well. However, the point at issue is not the plausibility of their independence, but the sustainability and relevance of the distinction. The fact that two variables may be so related that one cannot change without the other, does not imply that they are the same variable, or that they will have the same values, or that the value of one can be obtained from the other on basis of some simple transformation. The importance of an agency achievement does not rest entirely on the enhancement of well-being that it may indirectly cause. The agency achievement and well-being achievement, both of which have some distinct importance, may be casually linked with each other, but this fact does not compromise the specific importance of either. In so far as utility - based welfare calculations concentrate only on the well- being of the person, ignoring the agency aspect, or actually fails to distinguish between the agency aspect and well-being aspect altogether, something of real importance is lost.According to the ideas in the passage, the following are not true expect:
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MCQ-> Read the following passage carefully and answer the questions given at the end. When Ratan Tata moved the Supreme Court, claiming his right to privacy had been violated, he called Harish Salve. The choice was not surprising. The former solicitor general had been topping the legal charts ever since he scripted a surprising win for Mukesh Ambani against his brother Anil. That dispute set the gold standard for legal fees. On Mukesh’s side were Salve, Rohinton Nariman, and Abhishek Manu Singhvi. The younger brother had an equally formidable line-up led by Ram Jethmalani and Mukul Rohatgi.The dispute dated back three-and-a-half years to when Anil filed case against his brother for reneging on an agreement to supply 28 million cubic metres of gas per day from its Krishna-Godavari basin fields at a rate of $ 2.34 for 17 years. The average legal fee was Rs. 25 lakh for a full day's appearance, not to mention the overnight stays at Mumbai's five-star suites, business class travel, and on occasion, use of the private jet. Little wonder though that Salve agreed to take on Tata’s case pro bono. He could afford philanthropy with one of India’s wealthiest tycoons.The lawyers’ fees alone, at a conservative estimate, must have cost the Ambanis at least Rs. 15 crore each. Both the brothers had booked their legal teams in the same hotel, first the Oberoi and, after the 26/ ll Mumbai attacks, the Trident. lt’s not the essentials as much as the frills that raise eyebrows. The veteran Jethmalani is surprisingly the most modest in his fees since he does not charge rates according to the strength of the client's purse. But as the crises have multiplied, lawyers‘fees have exploded.The 50 court hearings in the Haldia Petrochemicals vs. the West Bengal Government cost the former a total of Rs. 25 crore in lawyer fees and the 20 hearings in the Bombay Mill Case, which dragged on for three years, cost the mill owners almost Rs. 10 crore. Large corporate firms, which engage star counsels on behalf of the client, also need to know their quirks. For instance, Salve will only accept the first brief. He will never be the second counsel in a case. Some lawyers prefer to be paid partly in cash but the best are content with cheques. Some expect the client not to blink while picking up a dinner tab of Rs. 1.75 lakh at a Chennai five star. A lawyer is known to carry his home linen and curtains with him while travelling on work. A firm may even have to pick up a hot Vertu phone of the moment or a Jaeger-LeCoutre watch of the hour to keep a lawyer in good humour.Some are even paid to not appear at all for the other side - Aryama Sundaram was retained by Anil Ambani in the gas feud but he did not fight the case. Or take Raytheon when it was fighting the Jindals. Raytheon had paid seven top lawyers a retainer fee of Rs. 2.5 lakh each just to ensure that the Jindals would not be able to make a proper case on a taxation issue. They miscalculated when a star lawyer fought the case at the last minute. “I don’t take negative retainers”, shrugs Rohatgi, former additional solicitor general. “A Lawyer’s job is to appear for any client that comes to him. lt’s not for the lawyers to judge if a client is good or bad but the court”. Indeed. He is, after all, the lawyer who argued so famously in court that B. Ramalinga Raju did not ‘fudge any account in the Satyam Case. All he did was “window dressing”.Some high profile cases have continued for years, providing a steady source of income, from the Scindia succession battle which dates to 1989, to the JetLite Sahara battle now in taxation arbitration to the BCCI which is currently in litigation with Lalit Modi, Rajasthan Royals and Kings XI Punjab.Think of the large law firms as the big Hollywood studios and the senior counsel as the superstar. There are a few familiar faces to be found in most of the big ticket cases, whether it is the Ambani gas case, Vodafone taxation or Bombay Mills case. Explains Salve, “There is a reason why we have more than one senior advocate on a case. When you're arguing, he’s reading the court. He picks up a point or a vibe that you may have missed.” Says Rajan Karanjawala, whose firm has prepared the briefs for cases ranging from the Tata's recent right to privacy case to Karisma Kapoor’s divorce, “The four jewels in the crown today are Salve, Rohatgi, Rohinton Nariman and Singhvi. They have replaced the old guard of Fali Nariman, Soli Sorabjee, Ashok Desai and K.K. Venugopal.” He adds, “The one person who defies the generational gap is Jethmalani who was India's leading criminal lawyer in the 1960s and is so today.”The demand for superstar lawyers has far outstripped the supply. So a one-man show by, say, Rohatgi can run up billings of Rs. 40 crore, the same as a mid-sized corporate law firm like Titus and Co that employs 28 juniors. The big law filik such as AZB or Amarchand & Mangaldas or Luthra & Luthra have to do all the groundwork for the counsel, from humouring the clerk to ensure the A-lister turns up on the hearing day to sourcing appropriate foreign judgments in emerging areas such as environmental and patent laws. “We are partners in this. There are so few lawyers and so many matters,” points out Diljeet Titus.As the trust between individuals has broken down, governments have questioned corporates and corporates are questioning each other, and an array of new issues has come up. The courts have become stronger. “The lawyer,” says Sundaram, with the flourish that has seen him pick up many Dhurandhares and Senakas at pricey art auctions, “has emerged as the modern day purohit.” Each purohit is head priest of a particular style. Says Karanjawala, “Harish is the closest example in today's bar to Fali Nariman; Rohinton has the best law library in his brain; Mukul is easily India's busiest lawyer while Manu Singhvi is the greatest multi-tasker.” Salve has managed a fine balancing act where he has represented Mulayam Singh Yadav and Mayawati, Parkash Singh Badal and Amarinder Singh, Lalit Modi and Subhash Chandra and even the Ambani brothers, of course in different cases. Jethmalani is the man to call for anyone in trouble. In judicial circles he is known as the first resort for the last resort. Even Jethmalani’s junior Satish Maneshinde, who came to Mumbai in I993 as a penniless law graduate from Karnataka, shot to fame (and wealth) after he got bail for Sanjay Dutt in 1996. Now he owns a plush office in Worli and has become a one-stop shop for celebrities in trouble.Which of the following is not true about Ram Jethmalani?
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MCQ-> Read the following passage carefully and answer the questions given at the end.Passage 4Public sector banks (PSBs) are pulling back on credit disbursement to lower rated companies, as they keep a closer watch on using their own scarce capital and the banking regulator heightens its scrutiny on loans being sanctioned. Bankers say the Reserve Bank of India has started strictly monitoring how banks are utilizing their capital. Any big-ticket loan to lower rated companies is being questioned. Almost all large public sector banks that reported their first quarter results so far have showed a contraction in credit disbursal on a year-to-date basis, as most banks have shifted to a strategy of lending largely to government-owned "Navratna" companies and highly rated private sector companies. On a sequential basis too, banks have grown their loan book at an anaemic rate.To be sure, in the first quarter, loan demand is not quite robust. However, in the first quarter last year, banks had healthier loan growth on a sequential basis than this year. The country's largest lender State Bank of India grew its loan book at only 1.21% quarter-on-quarter. Meanwhile, Bank of Baroda and Punjab National Bank shrank their loan book by 1.97% and 0.66% respectively in the first quarter on a sequential basis.Last year, State Bank of India had seen sequential loan growth of 3.37%, while Bank of Baroda had seen a smaller contraction of 0.22%. Punjab National Bank had seen a growth of 0.46% in loan book between the January-March and April-June quarters last year. On a year-to-date basis, SBI's credit growth fell more than 2%, Bank of Baroda's credit growth contracted 4.71% and Bank of India's credit growth shrank about 3%. SBI chief Arundhati Bhattacharya said the bank's year-to-date credit growth fell as the bank focused on ‘A’ rated customers. About 90% of the loans in the quarter were given to high-rated companies. "Part of this was a conscious decision and part of it is because we actually did not get good fresh proposals in the quarter," Bhattacharya said.According to bankers, while part of the credit contraction is due to the economic slowdown, capital constraints and reluctance to take on excessive risk has also played a role. "Most of the PSU banks are facing pressure on capital adequacy. It is challenging to maintain 9% core capital adequacy. The pressure on monitoring capital adequacy and maintaining capital buffer is so strict that you cannot grow aggressively," said Rupa Rege Nitsure, chief economist at Bank of Baroda.Nitsure said capital conservation pressures will substantially cut down "irrational expansion of loans" in some smaller banks, which used to grow at a rate much higher than the industry average. The companies coming to banks, in turn, will have to make themselves more creditworthy for banks to lend. "The conservation of capital is going to inculcate a lot of discipline in both banks and borrowers," she said.For every loan that a bank disburses, some amount of money is required to be set aside as provision. Lower the credit rating of the company, riskier the loan is perceived to be. Thus, the bank is required to set aside more capital for a lower rated company than what it otherwise would do for a higher rated client. New international accounting norms, known as Basel III norms, require banks to maintain higher capital and higher liquidity. They also require a bank to set aside "buffer" capital to meet contingencies. As per the norms, a bank's total capital adequacy ratio should be 12% at any time, in which tier-I, or the core capital, should be at 9%. Capital adequacy is calculated by dividing total capital by risk-weighted assets. If the loans have been given to lower rated companies, risk weight goes up and capital adequacy falls.According to bankers, all loan decisions are now being assessed on the basis of the capital that needs to be set aside as provision against the loan and as a result, loans to lower rated companies are being avoided. According to a senior banker with a public sector bank, the capital adequacy situation is so precarious in some banks that if the risk weight increases a few basis points, the proposal gets cancelled. The banker did not wish to be named. One basis point is one hundredth of a percentage point. Bankers add that the Reserve Bank of India has also started strictly monitoring how banks are utilising their capital. Any big-ticket loan to lower rated companies is being questioned.In this scenario, banks are looking for safe bets, even if it means that profitability is being compromised. "About 25% of our loans this quarter was given to Navratna companies, who pay at base rate. This resulted in contraction of our net interest margin (NIM)," said Bank of India chairperson V.R. Iyer, while discussing the bank's first quarter results with the media. Bank of India's NIM, or the difference between yields on advances and cost of deposits, a key gauge of profitability, fell in the first quarter to 2.45% from 3.07% a year ago, as the bank focused on lending to highly rated customers.Analysts, however, say the strategy being followed by banks is short-sighted. "A high rated client will take loans at base rate and will not give any fee income to a bank. A bank will never be profitable that way. Besides, there are only so many PSU companies to chase. All banks cannot be chasing them all at a time. Fact is, the banks are badly hit by NPA and are afraid to lend now to big projects. They need capital, true, but they have become risk-averse," said a senior analyst with a local brokerage who did not wish to be named.Various estimates suggest that Indian banks would require more than Rs. 2 trillion of additional capital to have this kind of capital adequacy ratio by 2019. The central government, which owns the majority share of these banks, has been cutting down on its commitment to recapitalize the banks. In 2013-14, the government infused Rs. 14,000 crore in its banks. However, in 2014-15, the government will infuse just Rs. 11,200 crore.Which of the following statements is correct according to the passage?
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