How To Find a Literary Agent — And Avoid Scams


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It can be an extremely difficult task to break into the book publishing world when you begin with no writing credits and no publishing industry contacts but definitely not impossible. New writers break in every day and get paid handsomely for their work.

The major pitfall is that in their eagerness to make progress, new writers often fall prey to individuals seeking to separate the author from his or her money.

The writer’s ally here is the Internet. It’s possible to get fairly detailed information about any agent or publisher’s reputation and then decide whether you want to do business with them.

Anyone can call themselves a literary agent or a publisher. The listings in the literary agency directories are not necessarily vetted, or checked by the publisher. Anyone buying a set of ISBN (International Standard Book Number) is considered a publisher.

How to Find a Literary Agent Without Being Scammed

Literary agents vary widely in ethics, dedication and competence.

You should never leave your career totally in the hands of an agent. It’s up to you to sell your work as well.

Types of things to watch out for with literary agents:

Charging the author a fee up front, to be accepted as a client. This fee can be called a reading fee, or a monthly “office expenses” charge. The best agents, and most successful ones, only charge a percentage fee of royalties the author earns, typically 15%. Suppose a realtor charged you a fee to come over and tour your house before getting the listing? How quickly would you show that realtor the door?

Charging back unusually large “postage and copying fees” to send out an author’s work. One crooked agency accepts almost every client that contacts them, but in the fine print of the contract they charge “postage and handling” of up to $10 per submission they send out on your behalf. It doesn’t cost $10 to send a letter and a sample chapter of a book to a publisher. This company makes a fortune from these fees whether or not they successfully market any of their clients work.

Directing authors toward specific editing services or giving author’s names to these services. Sometimes they even own the editing service. Some agents make a significant portion of their income from referral fees from these services.

Demanding that a critique be completed before the agency decides to offer representation. The fee for the critique may be minimal, perhaps even less than $100. But if the average agency is contacted by 90 writers a week that fee can add up.

Terms in agency contracts with writers vary widely. The contract must be read carefully.

The agent contacts publishers pretty much at random. The agent’s value to you is in the relationships they have with publishers, so that if the publisher hears from them, they know the book is worth taking a look at. Ask to see copies of rejection letters that come back from publishers. If it looks like just a form letter response, rather than a letter you would send to an acquaintance, you can bet the agent may be just picking names out of a directory of publishers.

The agent refuses to provide the names of clients or titles sold. Sales are an agent’s life blood and reputation. If an agent won’t name names it could be because there aren’t any sales.

Puts forth a weak effort or gives up on the client’s project after a few months. You have a right to ask how active the agent is going to be. How many publishers are they going to contact, how will they follow up? You have a right to periodic reports as to whom they have contacted and the results. You must determine how much time and attention they are really going to give you.

Look for these warning signs and you won’t find a literary agent who is a scam.

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How to Find a Property Management Company to Rent Your Home


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There are several things to consider if you are an existing homeowner that is thinking about taking advantage of the current tax incentive for purchasing another home. The help with the down payment might mean that you would rent your existing home out to make the payment on it. If you are relocating because of a job transfer, you may want to consider a property management company to handle your home rental. There are several ways you can go about finding a property management company.

The first thing to consider is whether you are going to list your home for sale and rent it on a short term rental, or just rent it out as an investment property. Most real estate companies also offer property management services and this can make it easier for you to relocate and move on. Finding a local realtor to handle your property management is helpful because they will frequently have agents in the area to drive by the home and check on it. They can also run credit reports and reference checks, handle the lease agreements and collection of rent. This is one of the best options, when you are looking for a property management company.

There are companies that specialize in property management and that is all they do. The will often have their own maintenance staff and cleaning staffs to clean up and re-rent homes and fix any minor problems. This can be helpful, especially if maintenance is a concern. A local real estate office might have contractors they use that can handle services, but on minor service calls, a property management company won’t cost you the larger service call fees, although there will be hourly charges, most likely.

When it comes to handling your own property management, you need to consider that it helps to have somebody handle the background checks, lease agreements, rent collections, maintenance and other needs that might occur, especially if you are relocating a distance away. Having neighbors check on your tenants is only a small part of what goes into the rental property business. If you have to evict a tenant, it can be helpful to have a property management company or real estate company that has an attorney available to handle the red tape.

If you live in a resort area, there are vacation rental property management companies that can offer short term rentals on your home during season. This can be a great way to make extra income during season and they will normally charge you a nominal cleaning fee after each renter and handle any maintenance needs and then bill you for them. This can be a great way to get some additional income, yet still offer your home for sale without having any kind of long term commitment, in case it sells.

When it comes to finding a property management company, you have to find one that will best suit your long term needs, when it comes to renting or selling your home. Having the expertise and local representation can be important when you are in the rental property business and worth the fee of 10% to 30% that they normally charge.

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Real Estate Marketing Ideas From Top Producing Agents


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What’s the first thought that pops in your head when somebody talks to you about a referral letter marketing method for Realtors? I’ll bet you $20 you think I’m talking about getting letters of recommendation and testimonials from your past clients, right?

That’s a effective marketing idea for Realtors too. Although, I’m talking about getting yourself an overflow of clients sent to you by professionals like attorneys, contractors, CPA’s and landscapers. And all it’ll require is just a personal letter written by you, the world’s most fantastic Realtor.

Here’s the referral letter marketing theory for Realtors or agents in a nutshell: generate a list of professionals that are likely to have clients that could potentially be your clients too. Then, sending it by regular mail, compose a personal letter to your list of respected professionals.

Be sure you get unique and use an envelope that stands out from every other white, standard envelope in the mail. If doable, telephone each professional that receives your letter, as a follow up project.

There are a ton of “top producing” Realtors who apply this single method to create the majority of their closings. There’s nothing unethical with following the leader.

The 1st step in this process is making a list of these respected professionals that you desire to build relationships with…

– CPA’s

– Lenders (understandable, correct?)

– Financial Advisors

– Real Estate Attorneys

– General Contractors

– Real Estate Appraisers

– Escrow Officers

– Electricians

– Plumbers

– Residential Landscapers

– Tree Trimming Professionals

– Handyman Contractors

– Get the picture?…

Of course, there are countless more professionals to add to the list but that’ll get you going for now.

So how do you get this full list of specific professionals to market to? Fantastic question, glad you asked. Depending on how many marketing dollars you have, there are a duo of options for you.

Looking through the yellow pages, on-line, is a economical option. You must already have a geographical area you stick to so you’ll want to stay within that region, for the most part. The time consuming component about this option is the manual labor.

You have to go through each person listed and find their name, phone number and mailing address. It may take you a while but if you have more time than marketing dollars, this is the way to go.

The other option for you is to just pay money for a list of these professionals that you wish to market to. In the same way you’re probably on one or more Realtor or agent lists being sold out there, just about every profession has their own list for sale too.

Don’t worry, these types of lists are not unethical or anything. Some people don’t know but these types of lists are compiled and available for sale if professionals, like us real estate agents, join an association or give their info to a publication that they subscribe to.

You have more than decent choices when it comes to picking a list company to purchase your list from. The list company you choose should be able to provide you with every profession you’ll require, rather than going to one company for a CPA list, another company for an attorney list, and so on. I assure you, it’ll cost you a few dollars for this list but it’s going to salvage you hours of valued time!

However you prefer to obtain your list of professionals, once you have it, it’s time to begin writing your “personalized” letter. I don’t have space here to instruct you about copywriting, regrettably. That’s a subject all by itself.

Just understand for now that you don’t want your referral letter to be a “sales letter”.

When one of these professionals gets this referral marketing letter, they need to feel like they’re the only one who got it, even though you could copy most of it and mail it to other professionals.

It’s all about writing the letter as if you were talking to the person face-to-face. Don’t apply the same flavorless language that your bank does when they send you a boring letter in the mail. Speak to them like a real human being and catch their curiosity.

As a side remark, personalizing your marketing goes for all your Realtor marketing ideas, like postcards, emails, articles, ads, etc.

What the heart of this letter needs to tell them is that you desire to refer business back and forth, not simply take and take and take from them. The ultimate result you’re looking for is to be their favorite Realtor for all their clients who require real estate services. Don’t tick off these professionals by “selling” them, but alternatively, show them however they’re going to profit, o.k.?

If you happen to know a personal tid bit about their company or a customer they’ve worked with, toss it in your letter. Perhaps you personally know of a client who’s used that professional, toss that in the letter too. Unless you begin talking about their momma, there’s no way you can get excessively personal.

Penning this marketing letter yourself would be my huge, chief suggestion. But, if you utterly detest writing this kind of marketing letter, your other alternative is to locate a good freelance writer to do it.

Just type in “independent writers” on Google and you’ll see many individuals to pick from. With a number of companies, they even permit you to sort through their writers from across the globe. It’s nifty since you can sometimes check their reviews, pricing and even send them a question to “interview them”. In several cases, posting a project you want written and letting freelance writers apply, is allowed. It’s excellent.

Ok, so now that you have your marketing list and referral letter written, it’s time to send it out. Only whatever you do, please do not send your letter in a regular white envelope like we see everyday of our lives… please!

Get another unusual mailing package or envelope with a little color or size to it. Your intention is to stick out like a sore thumb, in a good way, from all the mail your list will be receiving. I’d also advise you to write the mailing and return addresses by hand so that you increase the “personal” look of your letter.

When you gather your mail, which pieces do you open right away and which ones do you toss without a second look? The precedence goes to letters where the sender hand-wrote the address, everytime!

A bonus you’ll want to include, in the package, is some sort of marketing piece in addition to your referral letter. This may be a video you create using Animoto that showcases who you are and why they must pay attention.

A friend of mine used poker chips as his marketing thing when he sent out a mailing for his life insurance business. His slogan on the poker chips was “Don’t Gamble on Your Life”.

Sheer brilliance! That’s the sort of creative juice you need to have flowing if you want to be the top dog Realtor or agent in your area.

With this referral letter, make certain you specify for these professionals to not only call your phone, if they want, but also to check out your blog or website. Give them the choice but make certain you give them both. You can never tell who hates talking on the phone and who hates looking at websites.

The final step we’ll address is absolutely critical. Repetition is king when it comes to marketing. If you look at marketing statistics in general, it’s been shown that consumers and prospects need to hear or view the same marketing message more than 6-7 times before they feel comfy enough to respond.

So the obvious “take-away” is that you must continue to market to these professionals on your list, more than once. Following up with these professionals with another letter or a telephone call every 4 weeks or so would be my suggestion. If you were able to get or buy their email address, feel free to start emailing them as well.

As it is with dating, you need to be careful to not smother and bother them or else you can bet on never getting referrals from them, ever. It’s a fine line but you need to tell them why you should be their “go-to” Realtor without coming across in a rude or annoying style.

As a side note, if you have the marketing funds but don’t have the time, think about hiring a teen or college kid to stuff these mailers. Your college kid or teenager can stuff all the envelopes and address them but I’d still suggest for you to pen the referral letter yourself.

This sort of hired-hand will be about as inexpensive as you can get and you’ll salvage so much time that you won’t know what to do with yourself.

In the end, I feel this is one of the most outstanding marketing tips for Realtors to ensure a long, successful career without a million-dollar marketing budget. If you construct these relationships correctly, they can bring you so many leads that you won’t need to actively promote or market your real estate business in any other way.

Trust me, the cash will come as long as you focus on helping them as much as you need them to help you!

Shiloh Street University is an online marketing school for Realtors, dedicated to “Creating Wealthy Agents through World-Class Marketing” by providing step-by-step video on top real estate marketing products and real estate agent marketing advice.

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Real Estate Investment in Hong Kong


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A part of the Guangdong province as well as the Special Administrative Region of China – Hong Kong is one of the most vibrant and intriguing destinations in the world. Hong Kong is also among the world’ most busiest and fast-paced cities.

Hence, no wonder why real estate in Hong Kong is so much sought after. Real estate in Hong Kong is regarded as one of the costliest as well as the lucrative in the world. In other words, buildings and land in Hong Kong form a significant portion of the nation’s wealth and economy. Further, due to its attractive tax system, many international business firms and corporations find their way to Hong Kong for the establishment of their innovative projects. This in turn has led to great demand for high grade industrial and residential real estate in the city.

According to certain records, the cost of residential real estate in the city has gone up to US$ 585 per sq ft. The price is even higher in such posh areas as the Peak – the area between Victoria Peak and Mount Gough, covering spots such as Peak, Victoria Gap, Mount Kellet, Jardine’s Corner, Mount Gough, and Plantation Road.

Nowadays, great choices as well as potential are made available for those who are interested in real estate investment in Hong Kong. Additionally, real estate in Hong Kong provides great benefits to investors. The main advantage is that investing in a property in the city allows you to have access to world’s one of the established markets.

Another worth mentioning benefit of investing in a real estate here is that not any kind of restrictions have been imposed on international investors to buy a property or asset. Further, buying a real estate in Hong Kong is considered one of the best options for long term investment, as it can undoubtedly fetch you huge profits.

Above all, the laws and procedures involved in the process of real estate buying are liberal as well as simple. Once you have found an appropriate property, an Agreement of Sale and Purchase would be signed between the property owner and investor, and this completes the sale procedure.

Hong Kong’s property buying processes are administered by the Conveyancing and Ordinance, which is modeled in the form of English Law. In other words, the real estate law of this Special Administrative Region is quite similar to the one found in the UK, which in turn has attracted many American and British real estate investors.

One of the unique things regarding the Hong Kong Property Law is that all of the land found here belongs to government, ie, each of the real estate in Hong Kong is held under leasehold title. Hence, those who are interested in property investment buy an agreement or a lease for a period ranging from 50 to 999 years.

A real estate or property in Hong Kong can be either solely owned by one person or through jointly by several investors. However, joint investment may be usually in the form of tenant or a joint tenancy. Further, a property can also be owned through a company structure. But, in case, if a company would like to conduct its business through the purchase of a property on lease, then it should be registered with the Hong Kong Companies Registry. In addition, every type of lease should be listed at the Hong Kong’ Land Registry.

Nowadays, a large number of real estate firms and realtors are now there in order to help you find and buy your dream property in Hong Kong, no matter it is single detached home, villa, apartment, office, or industrial space. Many of them render the services of professional lawyers to help you in effectively carrying out buying procedures, such as agreement process, listing on the Hong Kong Land Registry or Hong Kong Companies Registry, tax matters, and negotiation of purchase.

In addition, there are also real estate firms providing steps to arrange mortgages for the purchase of property. But, prior to approaching a service provider, it is important to undertake an investigation with regard to their reputation and the quality of service rendered. Some firms may charge huge fee. Hence, it must be checked for. Apart from other sources such as yellow pages, magazines, and newspapers, the internet also serves as an excellent source to find the most competent service provider in Hong Kong.

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Stock Market Limit Orders Explained


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Investing in stocks and trading stocks is very easy now that it can all be done online without ever picking up the phone. But to do it right, you need to be aware of some of the different options you have. When you log into your online account to buy or sell a stock, you will be presented with a choice of what type of order you want to place. The standard options are “market”, “limit”, “stop”, and “stop limit”. Most of the time you will probably pick the “market” option as that just means you want to get the market price for your stock. In other words, you want to get whatever price is the going price at the moment you are placing the order.

There is the “limit” option that can be quite handy and a big time saver if you want to get more specific with your order. When you want to either buy or sell a stock at a specific price, that is when you will want to use the “limit” option. Let’s say as an example that you have 200 shares of XYZ Corp and you bought those shares at $10.00. Right now the price of the stock is $14.12 which means you have a gain of $4.12 per share but you were hoping the stock would go to $15.00 where you would then be happy to sell it.

The “limit” option is great for this type of situation. Rather than wait around all day monitoring the stock every 5 minutes to see if it is getting closer to $15, all you need to do is place a “limit” order to sell your stock at $15.00. That means, if the price of the stock ever hits the $15.00 price for that day, your order to sell will be automatically initiated and the sale will be made. On the other hand, if the stock never reach that $15.00 mark, nothing will happen and no sale will be made. You can then do the same thing the next day if you like.

A similar trading option can be done on the low side. If your stock is dropping and you want to make sure you get out at a certain price, you can place your order to sell if the stock goes down and hits that price. That way, you will protect yourself from losing more if your stock continues to drop. You will want to make this kind of trade when you are unsure what a stock is going to do but you want to make sure you get out at a predetermined point. If you set a price in your mind ahead of time as the point you want to sell, it can help prevent you from making rash decisions based on emotions. When the stock market drops it is sometimes easy to panic and sell based on fear alone and not rational thought.

Stock market investing is complicated for a beginner because of all the different terminology and options. Once you learn what everything means and start making some trades though, it is not as hard as you might think.

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The importance of managerial accounting in the workplace


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Managerial accounting is concerned with the use of economic and financial information to plan and control many activities of an entity and to support the management decision course. Management accountants play important roles more specifically in planning & coordination with production, marketing and financial functions. A subset of the managerial accounting profession is cost accounting which relates to the determination and accumulation of products, processes, or service costs. Management and cost accountants are focused on the internal aspects of a business to keep it efficiently running and profitable.

Managerial and cost accountants use a lot of the same data used by financial accountants. The difference lies in the fact that the data used for managerial accounting is more likely to be used for a future orientated purpose whereas the financial accounting process is showing what has already taken place. Examples of future orientated planning are budgets, benchmarking, and profit projecting. This also means that managerial accountants can take a more proactive approach when it comes to tackling business and economic troubles that can and due arise for many companies.

Planning is a key part of the management process and although there are many descriptions of that process, a generally accepted definition would include reference to the process of planning, organizing and controlling businesses’ activities so that the organization can achieve its desired outcomes. Being able to anticipate what revenues will be and forecasting the expenses that will be incurred to achieve those revenues are critical activities in the budgeting process. That ability is crucial to many aspects of a company and allows employees’ to make more educated business decisions.

The internal orientation that management accountants have to their companies differs from the predominantly external orientation of financial accounting. Financial accounting is more externally important to such people as investors and shareholders. Management accountants work hand and hand with other internal departments such as merchandising, accounting, marketing, web and more. An example of this would be a managerial accountant working with a merchandiser to figure out how many units of a garment they can purchase in the next year and still have a good profit margin.

The benefit of management accounting is that it is not constrained by generally accepted accounting principles, which means that approximate results can be generated quickly for decision-making activities.  Which means while accuracy is valued in the data, relevance is more important for managerial accounting reporting. This is also helpful because it allows the managerial accountant to adapt to different economic climates, business strategies and departments changing needs.

In order to become a managerial accounting professional a bachelor’s degree with a major in accounting is usually a requirement.  A management accountant should possess great analytic and people skills since they will be dealing with many different people and departments in a professional role. A management accountant may also become a Certified Management Accountant (CMA) by passing a respective board four-part test. The CMA examination is given in a computer-based format using objective questions only. In addition to the status that comes along with this professional designation, CMAs are often given greater professional responsibilities and higher compensation than those who do not have a CMA title.

There are many helpful resources that are available to managerial accountants acquire valuable information that pertains to their professions. An example of a helpful resource is The Institute of Management Accountants (IMA) that is dedicated to advancing the role of the management accountant and financial manager within the business organization, and provides relevant professional certification. Becoming a member of the IMA would be helpful to anyone in a business role that involves making decisions based on financial information.

The American Institute of Certified Public Accountants (AICPA) states that management accounting as practice extends to three areas: strategic management, performance management and risk management. Strategic Management is advancing the role of the management accountant as a strategic partner in the organization. Performance Management is developing the practice of business decision-making and managing the performance of the organization. Risk management is contributing to frameworks and practices for identifying, measuring, managing and reporting risks to the achievement of the objectives of the organization.

The future possibilities for managerial accountants are endless. Since they are used so much in planning financial aspects of business they will always play a crucial role in a wide range of companies. The career path of a managerial accountant is a safe one because it is timeless and able to adapt to ever changing analytics and technologies that can aid in the planning process.

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Real Estate Properties in Astrology


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Real estate property is an immovable property refers to land, fixture and appurtenances or anything permanent in nature like structures, tress, minerals, and the interest, benefits, and inherent rights.

Generally real estate properties include

  • Vacant land

Farm and ranch

  • Residential properties

   Different types of homes, including condominiums, separate homes, duplexes, high value homes, vacations homes, etc.

  • Commercial properties

Commercial property can be empty land zoned for commercial use, or an existing business building or buildings.

Factors responsible for having real estate properties

  • 4th house/lord: represents home and property related matters.
  • Mars and Saturn: are main significator planets of property and home related matters.
  • Venus: represents luxuries and valuable things.  

 Different combination for having real estate properties

  • Lord of 4th house is in exaltation/own sign/friendly sign/associated or aspected by benefice, indicates the surplus real estate property of the native.
  • Lord of 4th posited in 10th and 10th lord is posited in 4th house, aspected by Mars or having a strong Mars in the horoscope denotes surplus real estate property.
  • Lord of 4th is posited in 4th house and aspected by a benefice indicates the native will have surplus of land and excess of houses, which will fill his life with joy and happiness.
  • Lords of 4th and 9th placed in 11th and aspected by benefice, native will be the owner of lands and many houses.
  • Lord of 4th and Jupiter placed together in quadrant indicate excess of land and houses.
  • Sign of house/Lord of 4th is of moveable nature indicates the native will have multiple real estate properties in many places.
  • Lord of 4th posited in 2nd/11th indicates the native will get excess of land property.
  • Lords of ascendant, 3rd, 4th, 6th, 7th, 9th and 12th are with the lord of 5th indicates the native will have high quality mine land. 
  • Lord of ascendant is placed in 2nd, and lord of 2nd is placed in 11th and the lord of 11th is posited in ascendant, indicates the ownership of mining property.
  • Lords of 4th and11th exchange their houses; the native will get unexpected property.
  • Lord of 4th and 9th posited in 11th house and lord of 2nd placed in 10th house; indicate the sudden gain of real estate properties.

Denial of real estate property in horoscope

  • Lord of 4th is debilited/set/inimical placed/associated or aspected with malefic/hammed between malefic planets, indicate absence or loss of real estate properties.
  • Mars is debilited/set/inimically placed/associated or aspected by malefic, indicates absence of real estate property.

BY

GEETA JHA [SPIRITUAL HEALER]

INDIA

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Section 34, and Section 149 of IPC a comment


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There is a close resemblance between common intention and common object, though both of them belong to different categories of the office in criminal law.

(However joint offender is not defined under IPC, however various provisions of the IPC contemplated joint liability of each person who have committed a criminal act or offence in furtherance of common intention).

The principle of joint liability is defining u/s 34, and 149 of IPC.

Exceptions of Section 34 –When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

Exceptions of S34:

  1. 1. Principle of Joint Liability:

Section 34 of IPC explains the principle of joint liability, in doing the criminal act with common intention. This section attract the principle of joint liability. A joint liability of a person is determined according to the manner in which he becomes associated with commission of the crime. Normally a person may be participant in a crime in the following ways:

  • When he himself commit a crime.
  • When he share in commission of it.
  • When he, with a view to the commission of crime, sets some third agency to work, that is he makes some third party his own agent for committing the crime.
  • When he helps the offender, after the commissions of the crime committing the crime.
  1. 2. Several Person:

in this section several person means two or more than two person, criminal act must be done by several persons.

It is held in sachin jana and another v/s state of west

Bengal  that act done by two or more persons jointly and intentionally  can be taken as if done by each of them individually himself

These word of this section deals with those cased when it is difficult to distinguish precisely the part taken by each of the participant, it is deem necessary to declare all person liable for the criminal act..

.

Furtherance of Common Intention: S34 deals with the doing of separate acts, similar or distinct acts by several people. If the criminal act is done in furtherance of common intention, each person is liable for the result of such act. Once is prove the criminal act was done in furtherance of common intention of all, each person is liable for the criminal act as if it were done by him alone. Section 34 is mainly intended to meet a case in which it may be difficult to distinguish between the acts of individual members of a party who act in further of the common intention of all or to prove exactly what part was taken by each of them. When such participation is establish section 34 can be attracted. Sc 3does not say- “common intention to all” nor does it says – “an intention common to all” but it says ” in furtherance of common intention.

It is held in sevaram v/s state of UP that: the direct proof of common intention is seldom available. It can only be inferred form circumstances appearing from proved facts.

Sec34 does not create distinctive substantive offence; it is only a role of evidence.

Essential ingredient of S.34:

  • There must be a criminal act.
  • The criminal act done by several person.
  • The act is done in furtherance of common intention of all.

Cases:

  • Nandu rasto v/s state of Bihar:

Criminal conspiracy is the essential ingredient of common intention u/s34, of IPC. Participant in criminal act in some manner was also essential but physical presence at scene of occurrence is not always necessary.

  • Barendra Kumar Ghosh v/s Emperor:

It has been observed that though the accused did not played any role to kill the post master but he was standing outside to – stand and wait , which prove he was helping in the criminal conspiracy.

Exception of Common intention:

  • Private defense:

In Subramanian v/s State of Tamil Nadu,   -That if the appellant acted in exercise of their right of private defense of property it cannot be said that they committed a criminal act in furtherance of a common intention because it is protected u/s 96 of IPc.

Section 149: every member of unlawful assembly guilty of offense committed in prosecution of common object- if an offense committed by any member of an unlawful assembly in prosecution of common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who ,at the time of the committing of that offense, is a member of the same assembly, is guilty of that offense.

Exceptions of Section 149:

  • Principle of vicarious liability. This section is the declaratory of the principle of vicarious liability of the members of an unlawful assembly for acts done in prosecution of common object of that assembly, all the members of that assembly will be vicariously liable for that offence even one or more, but not all committed the said office.
  • Unlawful assembly: It is not necessary under any law that in all cases of unlawful assembly, with an unlawful object, the unlawful assembly must be unlawful object to attract this section. Also too attract section 149 of IPC, only member of unlawful assembly is not enough, the person should have understood that assembly as unlawful and was likely to commit any of the acts which fall within the purview of section 141 of IPC, and it must have been committed in prosecution of common object.
  • Common object: the word Object means purpose or design to make it common, it must be share by all. It may be formed at any stage by all or few members. It may be modify or altered or abandoned at any state. Common object may be formed by express agreement after mutual consultation.  The sharing of common object would, however, not necessarily require the member present and sharing the object to engage himself in doing an over act. Therefore this section is inapplicable in a case of sudden mutual fight between two parties, because of lack of common object.

Essential ingredient of Section 149:

  • Unlawful assembly as contemplated my section 141 of IPC.
  • Accused was a member of such assembly.
  • The accused voluntarily joined that assembly.
  • He knew the common object of that assembly.
  • An office was committed by one or few member of that assembly.
  • Offense must be committed in prosecution of common object of that assembly.

Case Ref:

Difference between Section 34 and section 149 of IPC

Base

Section34

Section 149

Nature of Offense

This section is not a substantive office it is only a role of evidence. it always read with other substantive offices. Punishment cannot be imposed solely upon this section. For example if a person convicted u/s 302 r/w 34 of IPC can legally be convicted u/s 302 r/w 34.

This section is a substantive offense, it also read with other sections. Punishment can be imposed solely upon this section Where as prosecution file a charge sheet u/s 149 the court me convert it to section 34 and impose conviction.

Principle element

Common intention- the principle ingredient of  this section is Common intention, any act which committed in furtherance of common intention attract this section

Common Object: the principle element of this section is Common Object, any act which committed in prosecution of common object. will attract this section

Range of Principle element

Common intention within the meaning of section 34, is undefined and unlimited.

Common object is defined and is limited to the five unlawful objects stated in section 141 of IPC.

Type of Offense

Common Intention requires under this section may be of ANY TYPE.

Common object require under this section must be one of the object mentioned u/s 141 of IPC.

Necessity

Prior meeting of mind is necessary before wrongful act is done under this section. In Nanak Chand v/s State of Punjab Sc held that –  common intention presupposes prior concert and meeting of minds, whereas a common object may be formed  without that.

Prior meeting of mind is not necessary under this section. Mere membership of an unlawful assembly at the time of committing the offense is sufficient.

In the same case (Chand v/s State of Punjab)Sc held that – there may be cases where the object of group is one, but the intention of participants differ.

Liability

It is a joint liability. A joint liability of a person is determined according to the manner in which he becomes associated with commission of the crime. It is of interpretative charater.

It is a constructive liability and vicarious liability. all the members of that assembly will be vicariously liable for that offence even one or more, but not all committed the said office.

Number of Person

Minimum two people require attracting this section.

Minimum five people require attracting this section.

Participation in Crime

Active participation in commission of crime is necessary.

Merely membership of the unlawful assembly at the time of commissioning of crime would be sufficient for this section application, active participation is not necessary.


Real Estate Agent Heidelberg

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Source by Naveen Kumar Shelar

The Importance Of Research- Why We Do Research


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Phone: 06227-399170
Mobile: 0176-2116-9990
eMail: info@heidelbergerwohnen.de
Internet: www.heidelbergerwohnen.de

We must first understand what research is.  It is another word for gathering of information.  The more information we have the closer we get of making our own decision.  Research is the result of advancing knowledge created in the past.  There are people from all walks of life that contribute to gathered information.  These are ordinary people and extraordinary people.  They include, teachers, students, scientists, professors, scholars, business owners, librarians, book keepers, writers, politicians and many more unknown out there.  These are everyday citizens we interact with.  They all help with the flow information that people use for self help.

Research is designed to solve a particular existing problems so there is a much larger audience eager to support research that is likely to be profitable or solve problems of immediate concern.  We also must understand how research impact our decision making.  Most people make decisions without gathered informations to back them up.  Only few do.  The problem is most people aren’t patient enough to put in the effort.  Research requires time, effort, and sometimes money to have the evidence you need to make a sound decision that’s why many avoid it.  The research you do and evidence you gathered will have impact on your future.  Be adviced, considered the risks or consequences of making an important decision with inadequate evidence.

In conclusion research is very vital to our everyday decision making.  It arms you from wrong informations and save time and money.  It is important to your success as you take on life’s challenges and career decisions making.  But be careful though, becasue too much research without action on what you’ re learning is not good either.  The question is how much information is enough?  How much information can you afford?  Information obesity can be research problem just my advice.  Research plus action will most likely guarantee a successful research.  Now go out there and make good decisions.  I wish you success.  To learn more about taking charge of your future go to my resource box at http://www.unlimited-mlmwealth-online.com Email: prince@unlimited-mlmwealth-online.com cell: 612-363-7576

Real Estate Agent Heidelberg

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Source by Prince Samuels

Obtaining Real Estate Loan Prequalification Letters for Investment Properties


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Phone: 06227-399170
Mobile: 0176-2116-9990
eMail: info@heidelbergerwohnen.de
Internet: www.heidelbergerwohnen.de

In nearly every city or town in America there are a few different types of real estate agents and brokers. Some of these professionals deal primarily in single family homes for individuals, others deal with commercial real estate transactions, and yet a third type deal primarily in investment real estate. If you are looking to invest in the real estate market, you will want to find a real estate agent or broker who deals with investment properties and the unique needs of real estate investors on a day-to-day basis.

The Investment Real Estate Specialist

The reason for dealing with a realtor who specializes in investment properties and transactions specifically with investors is simple; they understand what we do for a living and how we handle our transactions differently than other real estate buyers.

For example, real estate loan prequalification letters have become the norm these days for anyone who wants a realtor to show them available property. And, if you think about it, this does make sense for the realtors. Why should they bother spending their valuable time with buyers who cannot ultimately qualify for a loan? They don’t want to. So, they pretty much all require home loan prequalification before they will deal much with a buyer these days.

The good news is that for those of us who are investors, and who often use creative financing in one form or another on our deals, we are able to do business with the investment real estate agents without having to produce mortgage loan prequalification letters and lots of other documentation. All we have to do is let them know that if they can find us the deal, then we can get it financed one way or another.

Hard Money Lenders and Real Estate Loan Prequalification Letters

If you will be using hard money for your investment transaction, then it is possible for you to get a hard money lender to write you a mortgage loan prequalification letter. The hard money lenders deal with realtors as well, and they understand that some of them can be pretty insistent on mortgage loan prequalification.

Ultimately, if you deal with an investment realtor and try to avoid those who do not thoroughly understand our business, you should be able to minimize your document and prequalification headaches.

Real Estate Agent Heidelberg

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Real Estate Agent
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Source by Judson Voss

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