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Why did Quiznos file for bankruptcy while Subway has been very successful?
The best answer to this question likely comes from the company itself. Luckily, in documents filed with the United States Bankruptcy Court for the District of Delaware just today, the Chief Executive Officer and President of QCE Finance LLC (which is the parent company of the group of companies that collectively do business as Quiznos), Stuart K. Mathis, addressed the reasons that the companies found themselves filing for bankruptcy protection this morning:CIRCUMSTANCES LEADING TO THESE CHAPTER 11 CASESA. The 2006 Leveraged Buyout and Management TurnoverIn the Debtors’ early years, the Debtors’ success was attributed to a focus on providing premium, quality products and marketing those products through an extensive advertising campaign. However, in the years leading up to and following the 2006 Leveraged Buyout, the Debtors shifted their focus to expanding their franchising business by aggressively marketing and selling a large number of franchises with limited pre-qualification requirements. Specifically, in selecting franchisees, the Debtors conducted only a limited review of potential franchisees and imposed minimal restrictions with respect to the locations for the franchise stores. Although this aggressive and unfettered selection process led to significant growth of the Debtors’ store base, it also left the Debtors’ franchise business with a large number of single-unit franchisees who had little or no relevant experience and with stores often in undesirable locations. As a result, the Debtors began to experience poor operational performance and the “Quiznos” brand began to suffer. These issues were exacerbated by the turnover in the Debtors’ management following the 2006 Leveraged Buyout, which led to inconsistent marketing, failed strategic initiatives and customer confusion regarding the “Quiznos” brand.As a result, same store sales declined and average unit volumes (“AUV’s”) suffered, resulting in increased store closures and making it increasingly difficult to sell and open new locations. For example, in 2007, AUV’s declined by 6.1%, and approximately 450 stores closed, with only 225 new stores opened.The Debtors’ struggles were further compounded by the Debtors’ lack of necessary systems and infrastructure to monitor and analyze unit-level performance. As a result, royalty revenues (which typically constitute a percentage of franchisee revenues) and revenues from food sales suffered, with total revenues declining by 8.8% in 2007, compared to a 12% increase in revenues in 2006. Reduced food sale volumes, in turn, strained the Debtors’ ability to manage their supply and distribution channels effectively as the Debtors’ purchasing leverage and shipping efficiency decreased. Furthermore, the minimum volume and other threshold requirements in certain contracts and leases limited the Debtors’ ability to absorb these top line declines.B. Economic Downturn, the 2012 Restructuring and Subsequent Management ChangesThe Debtors also have been negatively impacted by the economic downturn in recent years. Specifically, high unemployment rates have significantly affected performance in the Debtors’ stores, which are primarily located in professional office plazas and higher-end retail malls, which have suffered from reduced consumer traffic. Moreover, as the economy declined, the Debtors also began to face increased competition not only from the expansion of existing competitors but also from the new sandwich and fast casual market entrants. Some of these fast casual competitors have much larger store systems, greater marketing resources and/or other economies of scale. Other participants in the fast casual market also took advantage of the Debtors’ struggles by offering products similar to the Debtors’ signature toasted sandwich. The limited number of experienced, multi-unit store operators with significant financial resources further impacted the Debtors’ competitiveness during this period. As a result, from the end of 2007 through 2011, there were over 3,650 store closures, with net closures of over 2,200 stores. During the same period, the Debtors’ store base declined by over 40% and revenues decreased from $774 million in 2007 to $355 million in 2011.In January 2012, the Debtors underwent the 2012 Restructuring. The 2012 Restructuring reduced the debt and interest burden and provided new capital for the Debtors, which the Debtors intended to use to launch certain new initiatives and facilitate a long term turnaround of the Debtors’ business. Among the new initiatives were improvements to the Debtors’ menu and a re-launch of the “Quiznos” brand through increased marketing and advertising expenditures. These initiatives, however, proved inadequate to resolve the Debtors’ performance and financial problems. Specifically, the initiatives failed to improve the health of the franchisee base, as the initiatives did not mitigate store closure rates or facilitate sales and opening of new store locations. The 2012 Restructuring also failed to address certain of the Debtors’ problematic legacy contracts and other liabilities that were a drain on the Debtors’ business. In particular, certain contracts were based on volume commitments that were no longer achievable given the Debtors’ reduced store count or store-level volume, which require the Debtors to pay significant annual penalties for missed volume commitments. Finally, the Debtors believe that certain of the Debtors’ then-existing management engaged in conduct that was detrimental to the Debtors and, among other things, resulted in unrealistic expectations from the 2012 Restructuring. Ultimately, despite the 2012 Restructuring, store count continued to decline, with 416 net closures in 2012 (following 496 net closures in 2011), and revenues further declined from $355 million in 2011 to $299 million in 2012 (or -15.8% year-over-year).In 2012, I joined the Debtors as their CEO, and proceeded to replace most of the Debtors’ then-existing management team with the current senior management team. The Debtors subsequently pursued a number of operational initiatives in an effort to facilitate a turnaround of the Debtors’ business. Notwithstanding these initiatives, and their anticipated long-term benefits, however, the Debtors’ financial performance is unable to support the existing capital structure. The Debtors ended 2013 with revenues of $236 million (a 21% decline as compared to 2012) and with a store count of 2,099 (down from 2,577 in 2012). The Debtors now have limited liquidity and cannot meet their debt and contractual obligations. Accordingly, while the Debtors’ management team is confident in the Debtors’ planned turnaround initiatives, the success of the chapter 11 cases, and the new capital structure that will result therefrom, are integral to the implementation and success of these initiatives.C. Investigation Regarding the 2012 RestructuringOver the course of approximately the past nine months, the Debtors, with theassistance of Akin Gump Strauss Hauer & Feld, LLP (proposed co-counsel to the Debtors), have conducted an investigation regarding alleged misconduct that occurred in connection with the 2012 Restructuring (the “Investigation”). The Investigation has revealed that in connection with the 2012 Restructuring there appears to have been a concerted effort by certain former officers, managers and related parties of the Debtors (the “Specified Litigation Parties” (as that term is further defined in the Plan)) to deceive other members of the Debtors’ management, certain minority board members, and the Debtors’ then-existing lenders. As a result of this conduct, the Debtors and the Debtors’ then-existing lenders—in particular Avenue and Fortress—suffered material damage.Internal projections and related communications demonstrate that the financialprojections created at the direction of the Specified Litigation Parties and provided to the Debtors’ then-existing lenders in connection with the 2012 Restructuring were not reasonable and gave the false impression that after the 2012 Restructuring the Debtors could service their debt obligations and sustain their new capital structure. Through these projections, the Specified Litigation Parties made it appear that following the 2012 Restructuring the Debtors could and would achieve results that lacked a reasonable factual basis.The conduct of the Specified Litigation Parties harmed the Debtors because the 2012 Restructuring left the Debtors with an unsustainable debt burden and a capital structure that significantly inhibited growth. In the months and years following the 2012 Restructuring, many of the Debtors’ key performance metrics came in below the projected amounts for fiscal years 2012 and 2013, including, but not limited to, total revenue, gross revenue, gross profit, royalty payments, store count, AUV growth, “SNO” count, and “SNO” terminations. As a result, the Debtors sustained losses in the form of lost opportunities, harm to their business and brand and other losses.The Debtors also believe that the conduct of the Specified Litigation Parties harmed Avenue and Fortress, as then-existing lenders, because the projections influenced their decision to support the 2012 Restructuring and invest in what was an unsustainable capital structure.Based on the foregoing, the Debtors believe that there are colorable claims against the Specified Litigation Parties (the “Specified Litigation Claims”) for, among other things, fraud and breach of fiduciary duty, and intend, jointly with Avenue and Fortress, to pursue legal action against the Specified Litigation Parties. Indeed, a key part of the Plan is an agreement among the Debtors, Avenue and Fortress (the “Specified Litigation Agreement”) to pursue these claims jointly. In connection with pursing the Specified Litigation Claims, the Debtors, Avenue and Fortress will seek to establish, among other things, that the Specified Litigation Parties (a) engaged in fraud and breached their fiduciary duties to the Debtors, which denied the Debtors the opportunity to pursue an alternative restructuring transaction that would have right-sized their capital structure and permitted the Debtors’ business to grow; (b) misrepresented and omitted material information from the documents provided in connection with the 2012 Restructuring, (c) provided parties in interest with fraudulent and misleading projections in connection with the 2012 Restructuring, (d) acted intentionally in doing so, (e) induced Avenue and Fortress to consummate the 2012Restructuring based on inaccurate projections, information and documents, and (f) caused Avenue and Fortress substantial harm as a result of their conversion of first lien debt to second lien debt, conversion of substantial debt to equity and (solely with respect to Avenue) the infusion of $150 million into the Debtors. The forgoing should not, however, be viewed as limiting or restricting any claims that may be investigated and/or pursued in connection with the Specified Litigation Agreement and the subject matter thereof.D. The Restructuring Support AgreementIn the fall of 2013, the Debtors and their advisors commenced negotiations with certain significant lenders under the First Lien Credit Agreement (the “Consenting First Lien Lenders”), Avenue and Fortress, and their respective advisors, regarding the terms of a potential restructuring of the Debtors’ obligations under the First Lien Credit Agreement and Second Lien Credit Agreement.After months of intensive, good faith and arm’s length negotiations, the Debtors reached an agreement with the Consenting First Lien Lenders, Avenue and Fortress (collectively, the “Consenting Parties”) on the terms set forth in the Plan, and formalized by a restructuring support agreement (the “Restructuring Support Agreement”). . . .As is required by the Restructuring Support Agreement, the Consenting First Lien Lenders have each submitted their votes in favor of the Plan. So long as the Restructuring Support Agreement remains in effect, the Debtors and the Consenting Parties have each agreed to use commercially reasonable efforts to support and consummate the Plan, the key terms of which are as follows:Holders of First Lien Facility Claims will (a) receive their Pro Rata share of (i) the $200 million Amended First Lien Credit Facility and (ii) 100% of the equity in Reorganized Holdco (the “New Common Interests”) issued as of the Effective Date, subject to dilution by any New Common Interests issued under the New Management Equity Incentive Plan and to Holders of Allowed Unsecured Claims that elect to receive (the “Stock in Lieu Election”) their Pro Rata share of 30% of the New Common Interests and (b) forego any distribution in respect of their First Lien Facility Deficiency Claims;Holders of Unsecured Claims (including the Second Lien Facility Claims) against the Debtors will receive their Pro Rata share of the Company Specified Litigation Proceeds, unless such Holders make the Stock in Lieu Election. The Consenting Second Lien Lenders have committed to make the Stock in Lieu Election;On account of Vectra’s Marketing Fund Trusts Facility Secured Claim, Reorganized QAFT, solely as trustee for the Reorganized Marketing Fund Trusts, and Vectra will any distribution in respect of their Marketing Fund Trusts Facility Guaranty Claim against QCE;the Reorganized Debtors, Avenue and Fortress will enter into the Specified Litigation Agreement, which provides for, among other things, (a) the joint pursuit of the Specified Litigation Claims, to be funded by Avenue and Fortress, and (b) a sharing of the proceeds that may be recognized therefrom, pursuant to the Specified Litigation Waterfall; andthe Reorganized Debtors and the Consenting First Lien Lenders will enter into the New Delayed-Draw Term Facility Agreement, pursuant to which the Consenting First Lien Lenders will provide the Reorganized Debtors with $25 million of availability to pay transaction expenses and provide the Reorganized Debtors with working capital necessary to run their business.The Debtors believe that Confirmation of the Plan consistent with the terms of the Restructuring Support Agreement will (a) allow the Debtors to emerge from chapter 11 appropriately capitalized and with access to favorable financing to support their emergence and go forward business needs and (b) through the Specified Litigation Agreement, afford the Debtors (and their unsecured creditors) the opportunity to maximize the value of their recoveries on account of the Specified Litigation Claims.[internal footnotes removed]
What are some of the strangest laws in the world?
1Public displays of affection in the United Arab EmirateYes, we’re talking about something as innocent as a kiss between consenting adults. Just recently, a couple were convicted to a month in prison for kissing in a gas station restroom. In 2013, a couple went to jail for a year after being spotted kissing on a beach at night, even though they claimed it was just “CPR.” If you’re not in the UAE and you’re feeling romantic, h2Failing to beat on drums in India to warn your fellow citizens about locustsThe East Punjab Agricultural Pets, Diseases and Noxious Weeds Act of 1949 requires anyone over 14 to sound the locust alarm with “a proclamation by beat of drum.” If you fail, you could end up with a steep fine or ten days in jail.3Flying a UFO over Châteauneuf-du-Pape, FranceIf extraterrestrial visitors plan on visiting earth anytime soon, they might want to stay away from France. Well, specifically Châteauneuf-du-Pape in southeastern France. The anti-UFO legislation originated in 1954, after a local saw “deep sea divers” coming from a “cigar-shaped” space ship. The former mayor immediately made a decree: “Any aircraft, known as flying saucer or flying cigar, which should land on the territory of the community will be immediately held in custody.” And while we’re on the subject of France,4Holding a fish suspiciously in the U.K.Thanks to the vague Salmon Act of 1986, you can’t just go around manhandling seafood while acting in a suspicious matter. Acting shifty with a shrimp cocktail is apparently still acceptable, since according to the fine print, the list of seafood includes “salmon, trout, eels, lampreys, smelt and freshwater fish.” This weird law just means that to enjoy your dinner of one of the 10 Best Foods for Your Heartwithout breaking any laws, be cool and stay calm.5Chewing gum in SingaporeGum has been banned in the southeast Asian sovereign state since 1992, because Prime Minister Lee Kuan Yewthought it would lead to “mischief-making” like “putting chewing gum on our subway train doors so that they don’t open.” A single piece of gum could land you a fine of $1000. Do it a second time and you’ll owe the state $2000. A third time means you’ll be forced into hard labor, cleaning the streets while wearing a sign that says “I’m a litterer.” It’s a shame, because chewing gum can actually be a great way to activate your metabolism.6Being drunk on a cow in ScotlandDriving drunk is no laughing matter. But riding a cow while drunk? Still dangerous, but undeniably weird (and funny). Sadly, thanks to the Licensing Act 1872, it’s also illegal, and could land you a £200 fine and almost a year in jail. Remember: having a criminal record is definitely not cool if you’re a man over 40.7Calling a woman a “slut” in OklahomaThis law—created back in 1910, long before we could even imagine something like Internet trolls—made it illegal to “orally or otherwise, falsely and maliciously or falsely and wantonly impute to any female, married or unmarried, a want of chastity.” Back then, you could end up in jail for 90 days and have to pay the state $500; if this were put into place around the country nowadays, the Internet trolls might finally think twice before harassing women online. For more advice on how to speak to women, here’s8Naming your baby something stupid in DenmarkIt might seem a little oppressive that parents are only legally allowed to pick between 33,000 government-approved names for their newborns. But then again, if it means living in a world where we never have to read about celebrity kids named Blue Ivy, Pilot Inspektor, or Apple, maybe it’s not the worst idea. For more on parenting, here are9You or your future spouse were unconscious during your nuptials in GermanyA wedding is a magical day, and you probably want to be awake for some of it. At least the exchanging vows part. In Germany, a wedding is declared invalid if one or both of the participants were “in a state of unconsciousness” or “did not know at the time of the marriage that it was a marriage.” Which, we admit, seems fair. Nobody wants to wake up from a coma and realize, oh crap, I married who?To make sure your partner knows what they’re getting into, you need to propose when you’re both conscious—preferably by using one of these10Throwing fecal matter at somebody in UtahLots of countries and other U.S. states have no spitting laws, but this Utah criminal code gets very detailed with the substances you shouldn’t fling around like an angry zoo monkey. No saliva, blood, urine, or “fecal material.” We’re glad somebody in government finally put their foot down and said, “We’re sick and tired of wiping your poo off our face!” And on the subject of travel, here are11Hiking naked in SwitzerlandHiking naked through Switzerland used to be a thing, apparently. “Hiking in clothes is too constrictive,” one nude hiking enthusiast once told Time Magazine. But since 2011, thanks to some inconsiderate nude hiker whose unsolicited naked ass was witnessed by a family, hiking in the buff could get you fined 100 Swiss francs (around $103). Pro tip: Keep the nakedness in the bedroom,.12Kissing someone in Indiana while having a mustacheAny law that contains the sentence, “Mustaches are illegal if the bearer has a tendency to habitually kiss other humans,” is a legal document you probably don’t want to mess with. Beards, on the other hand, don’t seem to be a problem. If you’re still not sure whether to go full-on beard, though,13Crushing a can of beer between your boobs in Western AustraliaYou could be charged a fine of $1000 for this offense. But don’t let the fine stop you—we’re pretty sure you could start a Kickstarter and raise that money in about five seconds. And while we’re talking about beer.14Peeing in the ocean in PortugalThe most amazing thing about this weird law is how impossible it is to enforce. There’s no such thing as chemicals that reveal urine. And according to a 2014 Procter & Gamble survey, two out of three beachgoers admit to peeing in the ocean. Sorry, Portugal, but you’re fighting a losing battle.15Driving a dirty car in RussiaAlthough dirty car fines in Russia have been around since 2006, it’s still unclear what exactly qualifies an automobile as filthy. In a readers’ poll conducted by the Russian newspaper Izvestiya, 46% agreed that a car is dirty if it’s license plate is no longer visible. How does that happen? Are Russians parking their cars in swamps? Regardless, you sure won’t be tempted to get these cars dirty—meet the Leaders of the Pack: the Best New Cars for 2018.16Forgetting to close the gate in NevadaHey, if you opened the gate, you need to close it, please. What were you, born in a barn? Close the gate! Fine, we’re making it a misdemeanor. Maybe now you’ll just close the gate when we ask you nicely!17Driving without a breathalyzer in FranceWhen this law was introduced in 2012, forgetting to pack a breathalyzer in your glovebox so the police could bust you for a DUI more easily came with a small fine of about €11 ($13 USD). Today, however, it’s just strongly encouraged. No word on whether you’re also required to provide cops with handcuffs to slap on your wrists.18Masturbating in IndonesiaThere’s a lot of crazy, inaccurate information on the Internet. For instance, you might’ve read stories that the punishment for masturbation in Indonesia was decapitation. That’s untrue; Indonesia knows that taking somebody’s head for such a crime makes no sense. At worst, getting caught doing so in Indonesia just means you’ll be rotting in a prison for a measly 32 months. Worth it? You decide on that one.19Climbing a tree in Oshawa, OntarioWho doesn’t remember lazy summer days as a kid, climbing trees with your pals? And then paying the $250 fine, because despite living in a country with 318 billion trees—which breaks down to about 8,953 trees per person—apparently climbing even one of them is nothing short of a terrorist act.20Dying in Sarpourenx, FranceUnless you already own a burial plot in this tiny southwestern French village, leaving this mortal coil while within the borders of Sarpourenx is strictly prohibited. “Offenders will be severely punished,” the mayor declared in a 2008 decree. How he intended to punish a dead body was never explicitly explained.21Feeding the pigeons in VeniceHow much does it cost to feed the pigeons in St. Mark’s Square in Venice, Italy? Around $10 for a bag of bird seed. And then a $700 fine for conspiracy to collaborate in the making of bird poop bombs that will be aimed squarely at Venice’s historical buildings.22Causing a nuclear explosion in GermanyWait, that mushroom cloud over the city is your fault? Not cool. If you don’t turn into a radioactive zombie like the rest of us, you’re spending the next five years in jail. It’s the law, man.23Teaching a monkey to smoke cigarettes in South Bend, IndianaWe don’t want to pick favorites, but this may be our favorite weird law. It harkens back to 1924, when a chimpanzee in South Bend was found guilty of smoking a cigarette and fined $5. The monkey (or probably his owner) paid the fine, and jail time was avoided for the wheezing chimp. There hasn’t been another incidence of smoking monkeys in Indiana since. Coincidence?24Paying with too many coins in CanadaWe can absolutely get behind this law. And the Currency Act of 1985 even provides a detailed breakdown of the pocket change glass ceiling. You can’t pay five dollars in nickels, or ten dollars in dimes. Sorry, Grandpa, nobody wants your damn change!25Enjoying chili sauce while in a Peruvian prisonThis law dates back to 1973, when Peru’s Interior Minister decided that serving chili sauce and other spicy foods to prison inmates would just “arouse their sexual desires constantly.” Who knew that eliminating sex crimes would be as easy as banning sriracha?26Being an annoying jackhole in the PhilippinesIt’s right there in paragraph 2 of Article 287 of the Revised Penal Code: Any “unjust vexation” is punishable by arrest and a fine of up to 200 pesos. What exactly is “unjust vexation?” During a 2009 Philippines court case, it was described as any behavior or language that “could unjustifiably annoy or vex an innocent person.” Finally, a law against being a jerk for no reason.27Catnapping or dognapping in WisconsinWe had no idea this was a thing, but apparently in Wisconsin enough people are stealing other people’s cats and dogs that they had to make a law to stop it. But now we’re curious—when a catnapping occurs, are there ransom demands? Has anybody ever left a briefcase filled with unmarked bills at an abandoned parking lot so they could get Mr. Whiskers back?28Having sex on church steps in Birmingham, EnglandAs this edict from Birmingham proves, the devil is in the details. Forbidding sex “on the steps of any church after the sun goes down” is a perfectly acceptable demand, as is the £25 per person fine. But by specifying “after the sun goes down,” were they implying that getting our freak on outside a church is perfectly acceptable during the day? Well, only one way to find out. Who wants to take a sexcation to Birmingham?29Marrying your first cousin in Utah if you’re not both over 65Finally, a state marriage law that enforces what we already suspected. Getting hitched to a cousin is just gross—unless you’re both really old and wrinkly, then it’s super-romantic. Wait, what?30Owning a satellite dish in MalaysiaFeel like catching up on the latest season of Game of Thrones while in Malaysia? Owning a satellite dish that gets foreign TV might cost you $100,000 in fines and two years in prison, on top of getting your dish confiscated. This may be one of those times when you read the books instead. If you’re trying to catch up, know these Secrets of Speed Reading and you’ll be reading a book a day.31Flying a kite until it aggravates somebody off in AustraliaAll weird laws have to originate somewhere. So there existed some guy, living in Victoria, Australia during the mid-60s, who got so annoyed by strangers brazenly flying kites right in front of him, with no respect for his feelings, that he declared, “There needs to be a law against this!” And so there is, the Summary Offences Act of 1966, which forbids operating a kite “to the annoyance of any person.” Your reign of terror is over, kite enthusiasts.32Driving drunk in El SalvadorWhat’s that? This doesn’t sound like an especially bizarre law? You’re right, it’s not. I mean, except for how it’s enforced. In the U.S., if you’re caught driving while intoxicated, you should expect some jail time and to have your license suspended. In El Salvador, they put you in front of a firing squad.33Entering the Houses of Parliament wearing a full suit of armorThis statute goes back to 1313, when a guy dressed in armor walking into a government building meant some serious stuff was about to go down. Nowadays, seeing a guy in armor usually means you’re at a Ren Faire.34Wearing flip-flops in Capri, ItalyNot just flip flops, any shoes categorized as “noisy footwear,” whether it’s high heels or wood clogs. If it squeaks, claps, bangs, or makes any noise reminiscent of fingernails on a chalkboard, the mayor wants it banned to “protect public security.” A huge relief if your biggest health concern is being momentarily disturbed by a faint squeaking sound in the distance. If you’re worried about other common health issues, though, try one of the 9 Medical Tests You Should Always Demand from Your Doctor to make sure you’re in top shape.35Cursing while being naked and releasing balloons in a public park in TorontoRats!36Not allowing a chimney sweep to enter your home in Germany, even if you don’t have a chimneyThere may not be many German homes with chimneys anymore, but that doesn’t mean you can deny a chimney sweep access to your home whenever they feel like it. (These days, they’re probably just checking for carbon monoxide emissions.)37Not visiting your parents enough in ChinaThe “Protection of the Rights and Interests of Elderly People” law, which went into effect in 2013, makes it illegal to avoid your parents because they drive you crazy. “Those who live far away from parents should go home often,” the law declares. Does a quick weekend trip for Thanksgiving count as “often”?38Showing up for your own wedding in Montana is not mandatoryAre you not in the mood to put on a tux and stand up in front of friends and family to declare your eternal love to one person for the rest of your life? No worries, at least if you live in Montana. Find a buddy to fill in as your proxy, doing the “I do” contract work and kissing the bride technicalities, and you can spend your wedding day at home, watching TV, and binge-watching the Godfathermovies. (Helpful hint: You technically need to be in the military for this to work.)39Going commando in ThailandIt’s one of those laws that nobody wants to be in charge of enforcing. Can you imagine ending up in a career working for an underwear security checkpoint? “Excuse me, sir, I’m just going to have to check your pants for tightie-whities.” Just do everybody a favor and make sure to pack your underwear if you’re heading to Thailand.40Being in possession of more than 110 pounds of potatoes in Western AustraliaWe’ve got Big Tobacco, but in Australia they’re up against Big Potato. The Potato Marketing Corporation was so paranoid that competing potato suppliers might be smuggling spuds into their territory that they pushed for these strict regulations in 1946. If you were caught with too many potatoes, the fine would be a whopping $2,000. Calculating for inflation, that comes to around $26,500 today. For having too many potatoes!41Selling your kids into slavery in FloridaSure, it can be tempting. Every parent has daydreamed about it at least once. (Don’t lie!) But in Florida, the fleeting fantasies you were never seriously going to follow through on are off the table. The Sunshine State wants to make this clear: Your children can absolutely not be offered up for sale.42Not listening to Nickelback in CanadaAs stipulated by the Canadian Radio and Television Commission, one in every five songs—or roughly 35% of what’s played on the radio—must be a Canadian artist. So if you’re kicking out the jams in Canada and those jams don’t include Celine Dion, Justin Bieber, Barenaked Ladies or (deep breath) Nickelback, you’re a criminal.43Being fat in JapanIn the country that gave us sumo wrestling, being a little thick around the waist could get you in legal trouble. If you’re between the ages of 40 and 79, your doctor is required to measure your waist, and if you don’t fall within legal limits—for men, a waistline not measuring over 33.5 inches, and every woman nothing over 35.5 inches—you’ll be reported to the government for “re-education.” It sounds downright Orwellian to us44Wearing camouflage in the CaribbeanFirst of all, why are you wearing camouflage on a Caribbean island? Just put on a bathing suit and call it a day. There’s just no reason to blend into your surroundings while visiting a vacation destination like Barbados, especially if they have a law called the Defence Act of 2006, which prohibits clothing “made from any disruptive pattern materials used for making the military uniform commonly called the camouflage uniform.”45Bringing an elephant to the beach in Granville, FranceIt’s not that France hates elephants or the organizations that employ elephants. “Circuses are more than welcome,” a Granville official said in a public statement. The problem is their elephant turds. Listen, if you could get your elephant to crap in a public restroom stall like every other respectful beach visitor, there wouldn’t be a problem.46Owning a comfortable bed in Buenos AiresWhere did you get the crazy idea that sleeping on a mattress was supposed to be a pleasing experience? As the Argentina Independent reported, local lawmakers were concerned that “such an indulgence induces and encourages lascivious feelings.” No doubt about that. Add some hot sauce, and you and your partner will end up pregnant with triplets.47Not cuddling in the Cuddle PuddlesLet’s end with a law that everyone can agree on. If you’re visiting the “Cuddle Puddle” hot springs in Swaziland (in southern Africa) and doing anything but cuddling, you’re just asking for trouble. Since 1985, political officials have warned that they would “take action” if “intercourse continued in them.” And people have mostly complied. Except for the occasional horny teenager, who just doesn’t understand that a “cuddle puddle” is for cuddling. C’mon, people, it’s right there in the name!
In which part of the Indian Constitution are the fundamental duties included?
Part IVA of Indian Constitution contains Fundamental Duties. Originally, the Constitution of India did not contain these duties. Fundamental duties were added by 42nd and 86th Constitutional Amendment acts.Hon’ble Mr. Justice Swatanter Kumar held in Ramlila Maidan Incident Re: (2012) 5 SCC 1 held thatIn Para 22. Thus, a common thread runs through Parts III, IV and IV-A of the Constitution of India. One Part enumerates the fundamental rights, the second declares the fundamental principles of governance and the third lays down the fundamental duties of the citizens. While interpreting any of these provisions, it shall always be advisable to examine the scope and impact of such interpretation on all the three constitutional aspects emerging from these Parts.& in Para 23. It is necessary to be clear about the meaning of the word “fundamental” as used in the expression “fundamental in the governance of the State” to describe the directive principles which have not legally been made enforceable. Thus, the word “fundamental” has been used in two different senses under our Constitution. The essential character of the fundamental rights is secured by limiting the legislative power and by providing that any transgression of the limitation would render the offending law pretendo void. The word “fundamental” in Article 37 also means basic or essential, but it is used in the normative sense of setting, before the State, goals which it should try to achieve. As already noticed, the significance of the fundamental principles stated in the directive principles has attained greater significance through judicial pronouncements.& do you know what if there is any conflict that which one will prevail Fundamental Right or Fundamental Duty - then you are wrong if you guessed that Fundamental Rights will prevail over Fundamental Duty. Fundamental Duties in big time - big situations will prevail.Fundamental duties at best be regarded as ‘directory’. As regards the enforceability of these duties, it has been held that these duties being of individual citizens cannot be enforced through mandamus, as they cast no public duties. However, there is no doubt that these duties are a constant reminder to us of the national goals as well as the basic norms of political order. They may inspire us to inculcate in ourselves a sense of social responsibility. The Supreme Court has held that Article 51 A can be used to interpret ambiguous statutes. Fundamental Duties have been particularly invoked in litigation concerning the environment.Also in the Supreme Court case of Javed v. State of Haryana, (2003) 8 SCC 369 it has been held that Fundamental rights are not to be read in isolation. They have to be read along with the chapter on directive principles of State policy and the fundamental duties enshrined in Article 51A.Further, in State of Gujarat v. Mirzapur [(2005) 8 SCC 534] while considering provisions of Articles 48, 48-A and also Article 51-A(g), the Supreme Court held: in Para 58. It is thus clear that faced with the question of testing the constitutional validity of any statutory provision or an executive act, or for testing the reasonableness of any restriction cast by law on the exercise of any fundamental right by way of regulation, control or prohibition, the directive principles of State policy and fundamental duties as enshrined in Article 51-A of the Constitution play a significant role.”Actual Text of Fundamental Duties in Indian ConstitutionArticle 51 A. Fundamental duties.-It shall be the duty of every citizen of India-(a) to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem;(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;(c) to uphold and protect the sovereignty, unity and integrity of India;(d) to defend the country and render national service when called upon to do so;(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;(f) to value and preserve the rich heritage of our composite culture;(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;(i) to safeguard public property and to abjure violence;(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.(k) to provide opportunities for education to his child or ward between the age of six and fourteen years.Fundamental Duties were taken from USSR Constitution now - Russia which is as followsChapter 2. Rights and Freedoms of Man and CitizenArticle 171. In the Russian Federation recognition and guarantees shall be provided for the rights and freedoms of man and citizen according to the universally recognized principles and norms of international law and according to the present Constitution.2. Fundamental human rights and freedoms are inalienable and shall be enjoyed by everyone since the day of birth.3. The exercise of the rights and freedoms of man and citizen shall not violate the rights and freedoms of other people.Article 18The rights and freedoms of man and citizen shall be directly operative. They determine the essence, meaning and implementation of laws, the activities of the legislative and executive authorities, local self-government and shall be ensured by the administration of justice.Article 191. All people shall be equal before the law and court.2. The State shall guarantee the equality of rights and freedoms of man and citizen, regardless of sex, race, nationality, language, origin, property and official status, place of residence, religion, convictions, membership of public associations, and also of other circumstances. All forms of limitations of human rights on social, racial, national, linguistic or religious grounds shall be banned.3. Man and woman shall enjoy equal rights and freedoms and have equal possibilities to exercise them.Article 201. Everyone shall have the right to life.2. Capital punishment until its complete elimination may be envisaged by a federal law as an exclusive penalty for especially grave crimes against life, and the accused shall be granted the right to have his case examined by jurytrial.Article 211. Human dignity shall be protected by the State. Nothing may serve as a basis for its derogation.2. No one shall be subject to torture, violence or other severe or humiliating treatment or punishment. No one may be subject to medical, scientific and other experiments without voluntary consent.Article 221. Everyone shall have the right to freedom and personal immunity.2. Arrest, detention and remanding in custody shall be allowed only by court decision. Without the court's decision a person may be detained for a term more than 48 hours.Article 231. Everyone shall have the right to the inviolability of private life, personal and family secrets, the protection of honour and good name.2. Everyone shall have the right to privacy of correspondence, of telephone conversations, postal, telegraph and other messages. Limitations of this right shall be allowed only by court decision.Article 241. The collection, keeping, use and dissemination of information about the private life of a person shall not be allowed without his or her consent.2. The bodies of state authority and local self-government, their officials shall ensure for everyone the possibility of acquainting with the documents and materials directly affecting his or her rights and freedoms, unless otherwise provided for by law.Article 25The home shall be inviolable. No one shall have the right to get into a house against the will of those living there, except for the cases established by a federal law or by court decision.Article 261. Everyone shall have the right to determine and indicate his nationality. No one may be forced to determine and indicate his or her nationality.2. Everyone shall have the right to use his or her native language, to a free choice of the language of communication, upbringing, education and creative work.Article 271. Every who legally stays in the territory of the Russian Federation shall have the right to free travel, choice of place of stay or residence.2. Everyone may freely leave the Russian Federation. Citizens of the Russian Federation shall have the right to freely return to the Russian Federation.Article 28Everyone shall be guaranteed the freedom of conscience, the freedom of religion, including the right to profess individually or together with other any religion or to profess no religion at all, to freely choose, possess and disseminate religious and other views and act according to them.Article 291. Everyone shall be guaranteed the freedom of ideas and speech.2. The propaganda or agitation instigating social, racial, national or religious hatred and strife shall not be allowed. The propaganda of social, racial, national, religious or linguistic supremacy shall be banned.3. No one may be forced to express his views and convictions or to reject them.4. Everyone shall have the right to freely look for, receive, transmit, produce and distribute information by any legal way. The list of data comprising state secrets shall be determined by a federal law.5. The freedom of mass communication shall be guaranteed. Censorship shall be banned.Article 301. Everyone shall have the right to association, including the right to create trade unions for the protection of his or her interests. The freedom of activity of public association shall be guaranteed.2. No one may be compelled to join any association and remain in it.Article 31Citizens of the Russian Federation shall have the right to assemble peacefully, without weapons, hold rallies, meetings and demonstrations, marches and pickets.Article 321. Citizens of the Russian Federation shall have the right to participate in managing state affairs both directly and through their representatives.2. Citizens of the Russian Federation shall have the right to elect and be elected to state bodies of power and local self-government bodies, and also to participate in referenda.3. Deprived of the right to elect and be elected shall be citizens recognized by court as legally unfit, as well as citizens kept in places of confinement by a court sentence.4. Citizens of the Russian Federation shall enjoy equal access to the state service.5. Citizens of the expenditures shall have the right to participate in administering justice.Article 33Citizens of the Russian Federation shall have the right to address personally, as well as to submit individual and collective appeals to state organs and local self-government bodies.Article 341. Everyone shall have the right to a free use of his abilities and property for entrepreneurial and economic activities not prohibited by law.2. The economic activity aimed at monopolization and unfair competition shall not be allowed.Article 351. The right of private property shall be protected by law.2. Everyone shall have the right to have property, possess, use and dispose of it both personally and jointly with other people.3. No one may be deprived of property otherwise than by a court decision. Forced confiscation of property for state needs may be carried out only on the proviso of preliminary and complete compensation.4. The right of inheritance shall be guaranteed.Article 361. Citizens and their associations shall have the right to possess land as private property.2. Possession, utilization and disposal of land and other natural resources shall be exercised by the owners freely, if it is not detrimental to the environment and does not violate the rights and lawful interests of other people.3. The terms and rules for the use of land shall be fixed by a federal law.Article 371. Labour is free. Everyone shall have the right to freely use his labour capabilities, to choose the type of activity and profession.2. Forced labour shall be banned.3. Everyone shall have the right to labour conditions meeting the safety and hygienic requirements, for labour remuneration without any discrimination whatsoever and not lower than minimum wages and salaries established by the federal law, as well as the right to protection against unemployment.4. Recognition shall be given to the right to individual and collective labour disputes with the use of methods of their adjustment fixed by the federal law, including the right to strike.5. Everyone shall have the right to rest and license. Those working by labour contracts shall be guaranteed the fixed duration of the working time, days off and holidays, and the annual paid leave established by the federal law.Article 381. Maternity and childhood, and the family shall be protected by the State.2. Care for children, their upbringing shall be equally the right and obligation of parents.3. Able-bodied children over 18 years of age shall take care of disabled parents.Article 391. Everyone shall be guaranteed social security at the expense of the State in old age, in case of an illness, disableness, loss of the bread-winner, for upbringing of children and in other cases established by law.2. State pensions and social allowances shall be established by law.3. Promotion shall be given to voluntary social insurance and the creation of additional forms of social security and charity.Article 401. Everyone shall have the right to a home. No one may be arbitrarily deprived of his or her home.2. The bodies of state authority and local self-government shall encourage housing construction and create conditions for exercising the right to a home.3. Low-income people and other persons mentioned in law and in need of a home shall receive it gratis or for reasonable payment from the state, municipal and other housing stocks according to the norms fixed by law.Article 411. Everyone shall have the right to health protection and medical aid. Medical aid in state and municipal health establishments shall be rendered to individuals gratis, at the expense of the corresponding budget, insurance contributions, and other proceeds.2. In the Russian Federation federal programmes of protecting and strengthening the health of the population shall be financed by the State; measures shall be adopted to develop state, municipal and private health services; activities shall be promoted which facilitate the strengthening of health, the development of physical culture and sport, ecological and sanitary-epidemiological well-being.3. The concealment by officials of the facts and circumstances posing a threat to the life and health of people shall entail responsibility according to the federal law.Article 42Everyone shall have the right to favourable environment, reliable information about its state and for a restitution of damage inflicted on his health and property by ecological transgressions.Article 431. Everyone shall have the right to education.2. Guarantees shall be provided for general access to and free pre-school, secondary and high vocational education in state or municipal educational establishments and at enterprises.3. Everyone shall have the right to receive on a competitive basis a free higher education in a state or municipal educational establishment and at an enterprise.4. The basic general education shall be free of charge. Parents or persons in law parents shall enable their children to receive a basic general education.5. The Russian Federation shall establish federal state educational standards and support various forms of education and self-education.Article 441. Everyone shall be guaranteed the freedom of literary, artistic, scientific, technical and other types of creative activity, and teaching. Intellectual property shall be protected by law.2. Everyone shall have the right to participate in cultural life and use cultural establishments and to an access to cultural values.3. Everyone shall be obliged to care for the preservation of cultural and historical heritage and protect monuments of history and culture.Article 451. State protection of the rights and freedoms of man and citizen shall be guaranteed in the Russian Federation.2. Everyone shall be free to protect his rights and freedoms by all means not prohibited by law.Article 461. Everyone shall be guaranteed judicial protection of his rights and freedoms.2. Decisions and actions (or inaction) of bodies of state authority and local self-government, public associations and officials may be appealed against in court.3. Everyone shall have the right to appeal, according to international treaties of the Russian Federation, to international bodies for the protection of human rights and freedoms, if all the existing internal state means of legal protection have been exhausted.Article 471. No one may be deprived of the right to the consideration of his or her case in that court and by that judge in whose cognizance the given case is according to law.2. The accused of committing a crime shall have the right to the examination of his case by a court of jury in cases envisaged by the federal law.Article 481. Everyone shall be guaranteed the right to qualified legal assistance. In cases envisaged by law the legal assistance shall be free.2. Any person detained, taken into custody, accused of committing a crime shall have the right to receive assistance of a lawyer (counsel for the defence) from the moment of detention, confinement in custody or facing charges accordingly.Article 491. Everyone accused of committing a crime shall be considered innocent until his guilt is proved according to the rules fixed by the federal law and confirmed by the sentence of a court which has come into legal force.2. The accused shall not be obliged to prove his innocence.3. Unremovable doubts about the guilt of a person shall be interpreted in favour of the accused.Article 501. No one may be convicted twice for one and the same crime.2. In administering justice it shall not be allowed to use evidence received by violating the federal law.3. Everyone convicted for a crime shall have the right to appeal against the judgement of a superior court according to the rules envisaged by the federal law, as well as to ask for pardon or a mitigation of punishment.Article 511. No one shall be obliged to give incriminating evidence, husband or wife and close relatives the range of whom is determined by the federal law.2. The federal law may envisage other cases of absolution from the obligation to testify.Article 52The rights of victims of crimes and of abuse of office shall be protected by law. The State shall provide access to justice for them and a compensation for sustained damage.Article 53Everyone shall have the right for a state compensation for damages caused by unlawful actions (inaction) of bodies of state authority and their officials.Article 541. A law introducing or aggravating responsibility shall not have retrospective effect.2. No one may bear responsibility for the action which was not regarded as a crime when it was committed. If after violating law the responsibility for that is eliminated or mitigated, a new law shall be applied.Article 551. The listing in the Constitution of the Russian Federation of the fundamental rights and freedoms shall not be interpreted as a rejection or derogation of other universally recognized human rights and freedoms.2. In the Russian Federation no laws shall be adopted cancelling or derogating human rights and freedoms.3. The rights and freedoms of man and citizen may be limited by the federal law only to such an extent to which it is necessary for the protection of the fundamental principles of the constitutional system, morality, health, the rights and lawful interests of other people, for ensuring defence of the country and security of the State.Article 561. In conditions of a state of emergency in order to ensure the safety of citizens and the protection of the constitutional system and in accordance with the federal constitutional law certain limitations may be placed on human rights and freedoms with the establishment of their framework and time period.2. A state of emergency may be introduced in the whole territory of the Russian Federation and in its certain parts in case there are circumstances and according to the rules fixed by the federal constitutional law.3. The rights and freedoms envisaged in Articles 20, 21, 23 (the first part), 24, 28, 34 (the first part), 40 (the first part), 46-54 of the Constitution of the Russian Federation, shall not be liable to limitations.Article 57Everyone shall be obliged to pay the legally established taxes and dues. Laws introducing new taxes or deteriorating the position of taxpayers may not have retroactive effect.Article 58Everyone shall be obliged to preserve nature and the environment, carefully treat the natural wealth.Article 591. Defence of the Fatherland shall be a duty and obligation of citizens of the Russian Federation.2. A citizen shall carry out military service according to the federal law.3. A citizen of the Russian Federation shall have the right to replace military service by alternative civilian service in case his convictions or religious belief contradict military service and also in other cases envisaged by the federal law.Article 60A citizen of the Russian Federation may exercise his or her rights and duties in full from the age of 18.Article 611. A citizen of the Russian Federation may not be deported from Russia or extradited to another State.2. The Russian Federation shall guarantee to its citizens protection and patronage abroad.Article 621. A citizen of the Russian Federation may have the citizenship of a foreign State (dual citizenship) according to the federal law or an international agreement of the Russian Federation.2. The possession of a foreign citizenship by a citizen of the Russian Federation shall not derogate his rights and freedoms and shall not free him from the obligations stipulated by the Russian citizenship, unless otherwise provided for by federal law or an international agreement of the Russian Federation.3. Foreign nationals and stateless persons shall enjoy in the Russian Federation the rights and bear the obligations of citizens of the Russian Federation, except for cases envisaged by the federal law or the international agreement of the Russian Federation.Article 631. The Russian Federation shall grant political asylum to foreign nationals and stateless persons according to the universally recognized norms of international law.2. In the Russian Federation it shall not be allowed to extradite to other States those people who are persecuted for political convictions, as well as for actions (or inaction) not recognized as a crime in the Russian Federation. The extradition of people accused of a crime, and also the handover of convicts for serving sentences in other States shall be carried out on the basis of the federal law or the international agreement of the Russian Federation.Article 64The provisions of the present chapter comprise the basis of the legal status of the individual in the Russian Federation and may not be changed otherwise then according to the rules introduced by the present Constitution.BEST OF LUCKHAPPY READING
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