Amendment of Plaint - Free Essay Example

Sample details Pages: 10 Words: 2980 Downloads: 2 Date added: 2017/06/26 Category Statistics Essay Type Narrative essay Tags: Act Essay Did you like this 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€š ¬Ã…“AMENDMENT TO PLAINTà ¢Ã¢â€š ¬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 Don’t waste time! Our writers will create an original "Amendment of Plaint" essay for you Create order 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€š ¬Ã…“AMENDMENT TO PLAINTSà ¢Ã¢â€š ¬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€š ¬Ã…“Fresh 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€š ¬Ã¢â€ž ¢s too late.à ¢Ã¢â€š ¬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€š ¬Ã…“the 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€š ¬Ã…“Civil Procedure with Limitation Act, 1963à ¢Ã¢â€š ¬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)

Homelessness Essay - 1100 Words

Homelessness is a widespread epidemic throughout the United States. This epidemic doesn’t limit itself to the stereotypes such as race, religion, or financial status. According to Sweets (2011), â€Å"there are more than 3.5 million homeless Americans each year within the United States†. Many of these individuals are victims of life-altering events. Homelessness is a solvable problem with the right resources, programs, and funding in place. Some effective ways to address the problem of homelessness are to create affordable housing programs, provide excellent quality health care along with rehabilitation and job training. There are many contributing factors to homelessness in the United States, however, there are numerous programs that have†¦show more content†¦There are numerous fees that come along with trying to replace driver’s licenses and birth certificates that the homeless just simply can’t afford. In many states, to request a new birth certificate, you must have a driver’s license and to request a new driver’s license you must have a birth certificate. It’s a vicious cycle that leaves millions of Americans on the street homeless without any type of aid. According to Wogan (2017), â€Å"New Jersey joins eight other states trying to address the problem by waiving fees for homeless people applying for ID cards and birth certificates. Most of the states with a waiver in place use the same approach as New Jersey and require a third-party service provider to verify that the person is homeless.† With programs like this in place this will eliminat e a large population of the homeless off the streets and able to sign up for housing programs. Providing satisfactory quality health care is another way to end homeless. In some states, the only way the homeless can seek medical attention is by admitting themselves through the emergency department. 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Monitoring Free Essays

Monitoring is the systematic and routine gathering of data from program and projects for four principle purposes as written in (World Bank, 1980), to gain from encounters to enhance practices and exercises later on (Ben, 2002), to have inner and outer responsibility of the assets utilized and the outcomes acquired, to get informed decisions on get on the future of the initiative and to promote empowerment of beneficiaries of the activity additionally discussed by (John and Khilesh, 2008). Evaluation is the assessing, as systematically and objectively as possible, a completed project or programme (or a period of a progressing undertaking or program that has been finished) Evaluations assess information and data that illuminate key choices, in this way enhancing the venture or program later on unmistakably shown by (Yang, Sun and Martin, 2008). From the perspective of (Pfohl, 1986), assessments should make inferences around five fundamental parts of the mediation: pertinence, adequacy, effectiveness, effect, and maintainability. We will write a custom essay sample on Monitoring or any similar topic only for you Order Now As the global network struggle to improve the advancement results at the nation level, new difficulties emerge in the act of Monitoring and Evaluation (ME). The ponder by (Mintzberg, 1994) trusts that the key arranging models for monitoring and evaluation of network-based undertakings of the 1970s, at last, failed in light of the fact that, they didn’t recognize vital arranging and vital reasoning in monitoring and evaluation of network-based tasks. Citing to from (Miller, 1990), Citing from (Miller, 1990), and Mucai found in their research that the victories and strengths of some community-based projects can often be the cause of their future monitoring and evaluation strategic failure. A few journalists have clarified that despite the fact that numerous assets are put resources into the improvement of M;E frameworks, not every one of them really gets executed or regardless of whether they do, they are just in part actualized because of difficulties experienced amid usage (Groene and Branda 2006, 298). Mahmood et al (2011) indicated the intricacy and in addition poor understanding of M;E frameworks as one of the challenges experienced in its execution. In some cases, the implementation is described as being problematic, as issues such as improper operationalization of outcomes, makes it impossible to measure what is intended to be measured (Groene and Branda 2006, 299). Individual staff inside Organizations make varying understanding and assumptions about the M;E system and place different values on M;E, which results in various institutional rationales towards M;E framework and a more extensive hierarchical inability to quantify advance and think about results. There are additional difficulties among Organization in making an interpretation of wide authoritative objectives into particular task exercises, underscoring strains in execution and constraints in M;E practice (Catherine Benson Wahlà ©n 2014, pp. 77-88) The study by (RM Mthethwa, 2006) contend that; the primary challenges looked by numerous association is that the learning, abilities, and capability required for those aspiring and performing obligations identified with M;E of public projects is limited. Program authorities neglect to comprehend the significance of M;E at the neighbourhood government level of the different tasks. Along these lines, they have neglected to build up an institutional M;E framework (counting M;E designs, pointers and instruments). This uncovers albeit much has been accomplished as far as giving administrations to the larger part of recipients, much still should be done as far as preparing, workshops, exchange on M;E and how reasonable frameworks can be actualized at Organization level to upgrade service delivery. From (UNDP Evaluation site, 2011), its contend that there are a wide range of (delicate, hard and blended) factors that impact the achievement or disappointment of Monitoring and Evaluation system in network-based undertakings, going from the general population who convey or actualize the technique to the frameworks or systems set up for co-appointment and control. These variables should be distinguished and managed to guarantee productivity and viability in Monitoring and Evaluation arrangement of the network-based tasks as suggested by (John and Khilesh, 2008). A significant number of the tasks faces challenges in Monitoring and Evaluation of their activities because of numerous elements. This is as indicated by (Pfohl, 1986). According to Messah and Mucai in their paper, Factors Affecting the Implementation of Strategic Plans in Government Tertiary Institutions: A Survey of Selected Technical Training Institutes, as cited in(Finkelstein, 2003), maps four circumstances in which strategic planning for monitoring and evaluation of community-based projects failure is most likely to occur: Babbie and Mouton (2001, 342), in looking at dimensions of programme management and implementation, cited a number of issues that impact on the implementation of M;E systems. Issues raised include the competencies and abilities of the personnel who are to manage the implementation; the organizational structures available to create an enabling environment for the discharge of M;E duties, personality styles and attitudes of implementation staff (Babbie and Mouton 2001, 344). Despite these challenges, many organizations have begun to recognize the importance of M;E for two key reasons: accountability and improvement (Margoluis et al. 2009). Accountability-focused evaluation serves to ensure that organizations account financially for their activities and implement promised activities and usually stems from a formal process required by the donors. Improvement-focused evaluation aims to improve implementation and organizational, management or project effectiveness. This improvement- focused on understanding and challenges of M;E is the focus of these research. I define M;E as the process through which organizations evaluate their practices and outcomes according to their mission and objectives. How to cite Monitoring, Papers

Compare and contrast the ways in which the directors of Mary Shellys Frankenstein 1994 and Frankenstein 1931 Essay Example For Students

Compare and contrast the ways in which the directors of Mary Shellys Frankenstein 1994 and Frankenstein 1931 Essay Mary Shelly originally wrote Frankenstein in 1816. Since then, it has been re-written many times by authors such as Spike Milligan. It has also been released twice as a film. I am going to compare the opening scenes of the two Frankenstein films, looking at all aspects of film making used; use of camera, sound, editing lighting and colour and mise en scene. James Whales Frankenstein was released in 1931, and was made by Universal Studios. Hollywood was new and young, but was said to be going through its golden age, as everything was very new and impressive to the 1930s audience. James Whale was British born, and had a history of working in theatre when he created the film. It starred Boris Karloff, whose career was based on the success of the film. It is very different to the next adaptation of the book: Kenneth Branaghs Mary Shellys Frankenstein was released in 1994, and made by Columbia. Branagh directed the film, and also starred as Dr. Frankenstein, alongside leading actor Robert DeNiro. Branagh is British born, and has a distinguished background in theatre. He is especially famous for adapting Shakespeares plays. In the opening scene of James Whales Frankenstein the director uses different aspects of film making to create a mood of horror, which sets the audience up for the rest of the film. He uses various sounds in the first scene, though they are all used to create a feel of foreboding, and almost suspense. The first sound the audience hears is a priest reciting a prayer. His voice is solemn, so we know he must be at a funeral. This creates an uneasy feel as the director brings up the lifelong fear that is death. We can also hear a steady bell, which almost hypnotises the audience into the beat, but also reminds us of a death knell, along with the funeral image. The next sound we hear is Dr. Frankenstein and Fritz talking in hushed voices, and the sounds of them digging up the grave. This may create horror in the audience, as they may feel that he is acting against God, a feeling that re-occurs throughout the film. In this first scene, there is only digetic sound used to create a more realistic atmosphere. The editing used in the first scene is only straight cuts. These make the action feel more natural, but were probably used because the film making technology in the 1930s was very basic. I counted only seventeen edits in the whole of the first scene. This scene is quite dimly lit, so the audience have the uneasy feeling that someone may be lurking in the shadows where they cannot be seen. Also the use of shadow on Fritzs face accents his sunken eyes and strange face. The make up and clothes used in this scene play an important part in alarming the audience. Fritzs exaggerated alien-like make up frightens the audience, as his face  looks unnatural and hideous. The scenery generates an eerie atmosphere, as it takes place in a dark misty graveyard. The gestures the actors use add to the terror, from the crying people attending the funeral, to the threatening, villain-like movements of Dr. Frankenstein. In the opening scene of Kenneth Branaghs Mary Shellys Frankenstein the director creates a mood of adventure, as the sweeps across the rows of men working on the ship, lead by a brave, strong explorer. However, as Dr. Frankenstein enters the scene, the mood changes to panic, as he dramatically starts to tell his terrifying life story, and the Monster is introduced. There is a lot of non digetic sound ie, that only heard by the audience, there is nearly always music in the background. He uses dramatic music to build up the drama, and also punctuates the acting. .u2f54f6b1b9e5cb489cc0d896b915e574 , .u2f54f6b1b9e5cb489cc0d896b915e574 .postImageUrl , .u2f54f6b1b9e5cb489cc0d896b915e574 .centered-text-area { min-height: 80px; position: relative; } .u2f54f6b1b9e5cb489cc0d896b915e574 , .u2f54f6b1b9e5cb489cc0d896b915e574:hover , .u2f54f6b1b9e5cb489cc0d896b915e574:visited , .u2f54f6b1b9e5cb489cc0d896b915e574:active { border:0!important; } .u2f54f6b1b9e5cb489cc0d896b915e574 .clearfix:after { content: ""; display: table; clear: both; } .u2f54f6b1b9e5cb489cc0d896b915e574 { 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; } .u2f54f6b1b9e5cb489cc0d896b915e574:active , .u2f54f6b1b9e5cb489cc0d896b915e574:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u2f54f6b1b9e5cb489cc0d896b915e574 .centered-text-area { width: 100%; position: relative ; } .u2f54f6b1b9e5cb489cc0d896b915e574 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u2f54f6b1b9e5cb489cc0d896b915e574 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u2f54f6b1b9e5cb489cc0d896b915e574 .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; } .u2f54f6b1b9e5cb489cc0d896b915e574:hover .ctaButton { background-color: #34495E!important; } .u2f54f6b1b9e5cb489cc0d896b915e574 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u2f54f6b1b9e5cb489cc0d896b915e574 .u2f54f6b1b9e5cb489cc0d896b915e574-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u2f54f6b1b9e5cb489cc0d896b915e574:after { content: ""; display: block; clear: both; } READ: A Kestrel For A Knave EssayThe editing is mainly straight cuts, but which are often jumpy, for example when the dogs are being caught. This causes the audience to feel anxious, and also builds tension. The opening scene is very fast, I counted fifty-seven edits, and this builds up the pace of the film. Although Whales version lacks the added bonus of colour, I think that use of digetic sound is much more affective, as he creates a real sense of horror using just the different digetic sounds. However, I think Branaghs use of non-digetic sound is very affective, as he creates a good sense of tension, which is built up using music. Finally, I think that although the scenery i s not very clear in Whales version, the use of sounds to describe what is around the actors for example, the funeral bell, the dog barking makes up for the indistinguishable background. Branaghs version lacks in these descriptive sounds as the audience can clearly see the location, but I think it is a shame these sounds are missing.