EMERGENCE OF IT & ITES- EFFECTS ON THE LABOUR LAWS

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EMERGENCE OF IT & ITES- EFFECTS ON THE LABOUR LAWS

           

   India is a country having diverse religions and cultures. It becomes necessary to harmonize industrial relations in the country with respect to such diversity. India’s trade performance during 2003–04 was influenced by a number of factors which include productivity changes in the manufacturing sector, recovery of global economy and world trade, continued trade promotion and trade facilitation efforts of the government, and an appreciating Indian Rupee against the US dollar. Hence India has a wide variety of labour laws which are essential for the smooth functioning of industrial relations in the country. In today’s developing world IT has played an important role to formulate it into a new height. IT plays a role like a magnet, at one pole it is positively charged and the other is negatively charged. As such its magnetic field helps some aspects of life and affects some aspects of life. One of the most critical needs of the burgeoning Indian software industry and other outsourcing service providers is to have the flexibility and the independence to hire the most worthy of the manpower and fire the unproductive employees. There is also a growing need to draw a fine balance between the hire and fire policy of the employer and the rights of the workmen. This article proposes to discuss the Indian retrenchment laws, right of compensation of employees and applicability of these laws to Indian Information Technology (the “IT”) industry

MEANING-

Information Technology (IT) in a broad sense connotes that technology which is connected with information. More particularly it connotes that technology which has taken shape during the last five decades or so involving electronics.  THE Indian IT industry is among the country’s fastest growing sectors. India has been able to establish itself as a competitive and quality destination for outsourcing IT & IT enabled services.

The Information Technology Enabled Services (ITES) sector is spreading in India fast, and over five lakh workers and technicians are employed in it. We welcome the development of this sector as it is providing gainful employment to educated persons in India. Several centres in India have developed a large number of call centres and consultancy offices, which are earning enormous profits. Their number is likely to swell very fast in the near future. Accordingly to uphold the network of information technology in India IT Act came into force in 2000.

The use of such technology for the storage, retrieval and dissemination of information has given rise to several legal, social and ethical problems.

EFFECTS ON LABOUR LAWS-

         The direct affect of in formalisation has been deterioration in respect for labour rights. The provisions of large number of labour laws remain non-enforced. The adherence to the core labour standards remains good in paper only. The desire to get more FDI and pressure from the MNCs has caused the government to overlook violations. The ID Act which is applicable to all industrial and commercial establishments defines employee/workmen and both skilled and …

Infiltrations

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The one thing Targeted Individuals have to understand is the concept of Infiltration. This means that agents, hired operatives, civillian informants, etc will try to infiltrate your organizations or your life.

I recently posted an article about Infiltration of online groups. This has been happening for some time now. Many people think if they are posting online that they will not be investigated, but there are infiltrators who try to engage posters in conversations, where they get them to say things against the government, or use talk of violence, something that might not happen without the provocateur. These individuals are on most of the popular forums, and often you won’t know who they are. You might get a sense of who they are based on their postings, but that is not always the case.

Here on some things to be aware of regarding Infiltrations.

[quote]http://www.theage.com.au/news/technology/security/police-hire-private-spies-to-snoop-online/2008/11/26/1227491580370.html

Police hire private spies to snoop online

THE Internet communications and websites of anti-war campaigners, environmentalists, animal rights activists and other protest groups are being secretly monitored by state and federal agencies.

A Melbourne private intelligence firm specialising in “open-source intelligence” has been engaged by Victoria Police, the Australian Federal Police and the federal Attorney-General’s Department to monitor and report on the protest movements’ use of the internet.

The monitoring, which has been secretly conducted for at least five years, includes exploring websites, online chat rooms, social networking sites, email lists and bulletin boards to gather information on planned demonstrations and other activities. Many of those monitored have not broken any laws, but it is believed information about their participation in online activities is conveyed to government agencies that also deal with terrorism.[/quote]

These types of infiltrations are happening all over the Internet. Sometimes the poster will just be observing gathering information and monitoring. In other cases they will perform a similar fuction to their offline components, and they will engage posters in extreme conversations about violence, anti-government sentiments, etc.

When J.Edgar Hoover ran the FBI, the infiltration of the KKK was about 20% infiltration. The agents that had infiltrated the FBI were often responsible for encouraging acts of violence on others, or enacting those acts of violence themselves.

The FBI kept talking with Klan members. By 1965, some 20 percent of Klan members were on the

[quote]The FBI kept talking with Klan members. By 1965, some 20 percent of Klan members were on the FBI payroll, many occupying leadership positions in seven of the fourteen Klan groups across the country, states political scientist Robert Goldstein in “Political Repression in Modern America: 1870 to the Present,” [/quote]

http://www.buzzle.com/editorials/3-20-2006-91543.asp

[quote]Glick lists four main methods used by the agents:

1) infiltration by agents and informers with the intention to discredit and disrupt;
2) psychological warfare from the outside, using “dirty tricks” to undermine progressive movements; 3) harassment through the legal system, making targets appear to be criminal; and
4) extralegal force and violence including break-ins, vandalism, assaults, and beatings to frighten dissidents and disrupt their movements. [/quote]…

The Perfect Lawyer to Handle Your Mesothelioma Case

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When diagnosed with mesothelioma, you are 80 percent likely to have been previously exposed to asbestos, which means that you are able to seek compensation through a lawsuit. Mesothelioma is a deadly disease that negatively affects the protective covering of many vital organs.

Manufacturing companies such as the ones in the cement industry, shipyards, and many others all exposed their workers to asbestos. Mesothelioma attorneys are always on hand to represent the inflicted. However, there are a couple of good traits to look for in a mesothelioma attorney. Make sure they have all the proper licenses and registrations to practice law in your state. You should feel comfortable with the attorney’s wealth of experience. It is important to have your case handled by someone who has taken tough cases and won. Make sure that when asking about his record the attorney has evidence to back up his claims, because lawyers are no strangers to marketing.

The internet is a good place to look for mesothelioma attorneys, who are always advertising to possible clients. Because they benefit from the affliction of this disease, it is a business decision to take your case to the lawyer. You also need to understand the chances of winning the case. A good mesothelioma attorney will also be paid once the cases over. It’s usually above 40 percent. Make sure you dial in the payment terms for your case with your attorney. There are also lawyers who advertise themselves on a nationwide scale to try to hit as many clients as possible. This will be deceiving when you start looking for an attorney, because using these large forms can be a hassle; in other words, you need to find someone who practices within your state.

This will make a low stress environment when you’re planning for corporate meetings and appearances. Voters should also be able to relay information for you, in layman’s terms. It is important to do research on the background of the attorney you choose to help determine their confidence level. Good attorneys offer advice to you for a free or not. Just because they’re an attorney does not make them are infallible, and your opinion should still weigh in on certain issues pertaining to the case. When you have picked a satisfactory lawyer you are free to focus your efforts on the medical and emotional ordeals that come with mesothelioma.…

Setting up a Company in Turkey

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With the passage of the Foreign Direct Investment Law in 2003, the process of establishing a company in Turkey has become a lot easier. Foreign nationals may now become shareholders of Turkish companies with no capital investment requirement and are allowed to establish any type of entity available under Turkish law. Depending on the type and size of your company, there are many incentives available to encourage inward investments. For instance, the Turkish Board of Ministers has recently passed a decision that would allow for customs tax and VAT immunity, as well as a substantial reduction in the corporate tax for newly established companies that creates jobs in certain areas of Turkey. We have provided general information and listed the required documents for formation of a company, branch or liaison office in Turkey below.

Company

There are two types of companies that could be established: a Limited Liability Company (LLC) and a Joint-Stock Company. Both types of entities have a legal identity. The minimum paid in capital for a LLC is 5,000 TL and requires at least 2 founders (maximum 50). For a Joint-Stock Company, the paid in capital is 50,000 TL and requires at least 5 founders. It should be noted that the paid in capital for both types of companies are not immediately due at incorporation; 1/4 of the capital is required within 3 months after establishment and the remainder within 3 years. To register for a LLC, we would have to lodge a petition to the provincial trade registration office, and for a Joint-Stock Company, the registration process would have to be done with the Ministry of Industry and Trade. The current corporate tax in Turkey is a flat rate of 20%.

Some Required Establishment Documents

1) Articles of Association
2) Letter petitioning for establishment and notice signed by company’s representative
3) Notarized signatures of company’s representative with the company’s trade name
4) Letter of Commitment
5) Bank receipt showing a deposit of 0.04% of the company’s capital
6) Notarized copies of the passport, ID and residence certificates (for Turkish citizens) of the founders of the company
7) Certificate of Activity if there is a foreign shareholder legal entity, approved by the Turkish Consulate (with apostilled and notarized translation)

Branch Office

A branch office does not have a separate legal identity as it is seen as an extension of a foreign company. Any income originating from the branch is taxed by the Turkish government as a non-resident company. To establish a branch, your company would have to gain permission from the Ministry of Trade and Commerce and register with the regional Trade Registry Office.

Ministry of Trade and Commerce Required Documents

1) Letter issued by the company or its representative. The letter must include the following:

  • Name of Establishing Company
  • Date of Incorporation
  • Nationality
  • Amount of stated capital
  • Name, Last Name, Address and nationality of the company’s representative in Turkey (appointed for the branch)
  • Legal Undertaking indicating that the representative shall abide by Turkish laws and regulations

Life in the New World Order – Soul Mates or Cell Mates?

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“The drive of the Rockefellers and their allies is to create a one-world government …. all under their control…. Do I mean conspiracy? Yes I do. I am convinced there is such a plot, international in scope, generations old in planning, and incredibly evil in intent.” – Congressman Larry P. McDonald, 1976

“Pay no attention to that man behind the curtain!”

Our lives are being directed according to a business plan. The agenda has been laid out over decades and centuries, we are just led to believe it’s happening in real time. There are some very significant dates coming up within the next few short years. Hard to imagine that we are smack dab in the middle of an end-game scenario, with plans coming to fruition that have been laid out and documented since at least the 1920’s and 30’s. Even more incredible, you can literally go back hundreds of years to find out it’s the same basic cast of characters through elite bloodlines responsible for secret societies and shadow governments. Members of this group are said to include such prominent families as the Rothschilds, Rockefellers, Morgans, Duponts, as well as presidents, prime ministers and European monarchs.

Using their influence through international organizations such as the World Bank, the IMF, the CFR, the United Nations and NATO, the objective of the internationalists is nothing less than the subjugation of everyone on the planet to a one world government. How long has all this been going on? Without stretching the limits of your indulgence regarding quotations (I’ll do that later), consider these, which, if you disregard the names and dates, could easily have been uttered this morning:

“The world is governed by very different personages from what is imagined by those who are not behind the scenes.” – Prime Minister Benjamin Disraeli of England 1844

“From the days of Sparticus, Wieskhopf, Karl Marx, Trotsky, Rosa Luxemberg, and Emma Goldman, this world conspiracy has been steadily growing. This conspiracy played a definite recognizable role in the tragedy of the French revolution. It has been the mainspring of every subversive movement during the 19th century. And now at last this band of extraordinary personalities from the underworld of the great cities of Europe and America have gripped the Russian people by the hair of their head and have become the undisputed masters of that enormous empire.”- Winston Churchill London Press l922

” If the people only understood the rank injustice of our money and banking system, there would be a revolution before morning.” – President Andrew Jackson 1829-1837

“The real menace of our republic is this invisible government which like a giant octopus sprawls its slimy length over city, state and nation. Like the octopus of real life, it operates under cover of a self created screen….At the head of this octopus are the Rockefeller Standard Oil interests and a small group of powerful banking houses generally referred to as international bankers. The little coterie of powerful international bankers virtually run the United …

Role Of Identity In The Australian Criminal Justice System

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Introduction

The are certain linkages that one can make with regard to the criminal justice system and the role identity plays within this system (where age, gender, sexual orientation or social class denote identity). The first link is that one’s identity has a direct effect on the access to resources of power. Also, it is plausible to assume that identity determines one’s punishments and rewards in the criminal justice system. The second aspect about identity is that it highly affects the nature of crime control dispatched upon various groups. Thirdly, these differences in crime control have an overall effect of changing the way of life of respective identities both within and without the criminal justice system. Lastly, it can be assumed that the nature of crime control can reinforce some of the inherent inequalities within society. (Andersen and Patricia, 1998)

The Australian criminal justice systems has grown by leaps and bounds over the past decades. This is because certain blatant cases of discrimination such as discrimination against gender and race have reduced dramatically. However, some institutionalised systems of discrimination still form part of the Australian criminal justice system. Specific social classes, races, sexual orientation receive fairer treatments than others. The essay shall examine the complexities of these identities with regard to the criminal justice system.

How sexual orientation is handled within the Australian criminal justice system

The criminal justice system is perhaps one of the most prominent areas of the Australian society that depicts negative sentiments to gays or lesbians. Statistics conducted on

how social class affects administration of justice by the Gay Men and Lesbians Against Discrimination (GLAD) in Victoria found that approximately eighteen percent of the male  respondents had ever experienced some form of harassment from law enforcement officers. It also found that police had harassed twelve percent of the female participants. Therefore, police officers had harassed thirty percent of the one thousand participants at one time in their lives. This is an alarming rate especially considering the fact that incidences of police harassment among the general public are at a much lower rate. (Baired et al, 1994)

The nature of response to gay related crimes also depicts discrimination. In the year 1999, a survey conducted by the Gay Men Community Action in South Australia found that a whooping forty four percent of gay/lesbian victims never contacted the police when they had been victims of hate crime. The same research also found that forty nine percent of the respondents would not report their cases to the police if the crime under consideration involved sexual issues. The same survey also found that seventy nine percent of the participants (who were all gay/lesbians) felt that police officers had a negative attitude towards homosexuals. These perceptions were not just founded on baseless allegations; it was found that twenty three percent of the homosexuals who had reported their cases to the police received homophobic reactions from them. As if that was not enough, these victims asserted that the same homophobic behaviour was …

Acquisition of Real Estate in Cyprus

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The geographical location of Cyprus between Europe, Asia, the Middle East and Africa together with the well-established legal, banking and accounting infrastructures urge local and foreign business people to invest in immovable property.  A considerable advantage of the Cyprus legal system is the protection of ownership without discriminations. That is to say, according to Cyprus Law, Cypriot citizens and foreigners may enjoy all rights associated with ownership of their property without any intervention from the State or individuals. Furthermore, Cyprus is an EU member-state since 2004 and adopted the euro in 2008. As a result, the acquisition of immovable property in Cyprus became easier.

Cypriots and EU citizens:
According to the Cyprus Law, Cypriots and EU citizens Cyprus may acquire any property without restrictions.

Non-EU citizens:
For non-EU citizens there are restrictions on type and size of real estate they are allowed to buy. Precisely, non-EU citizens may purchase a house/a flat/ a building plot/land up to 4.014m2. It should be underlined that non-EU citizens may also buy a shop under the condition that the shop will be used only for business purposes. Additionally, it should be highlighted that Cyprus Companies whose shareholders are non-EU citizens may obtain business offices and residence for their foreign employees given that they maintain a fully-fledged office.

According to the provisions of the Acquisition of Immovable Property (Aliens) Law (Cap.109), non-EU citizens wishing to buy immovable property in Cyprus must submit an Application to the District Office of the District where the property is located.

The Applicant should submit together with the Application the following documents/details:

  • Form Comm 145 completed and signed; 
  • Contract of sale; 
  • Financial standing (i.e. a bank statement); 
  • Particulars of the property  and of the current owner; 
  • The terms of payment and the way of acquisition; 
  • A copy of the Applicant’s and the spouse’s passport. In case the spouse does not have the same surname as the Applicant then a marriage certificate needs to be submitted;
  • Copies of the governmental survey plans;

 The letter of approval/refusal by the District Office may take approximately up to six months. Nevertheless, the Applicant may in the meantime take procession of the immovable property he/she bought.

Transfer of Ownership:
The transfer of ownership of real estate property is conducted at the Department of Lands and Surveys. The following documents need to be submitted:

  • Application Form N207; 
  • The registration deed of the real estate property; 
  • Copy of the District Office approval;
  • Proofs that all property taxes have been paid;

Fees and Charges:
When a buyer registers the immovable property under his/her name at the District Land Office, he/she will have to pay the corresponding transfer fee which is calculated based on property’s market value at the time of the signing of the contracts. For more information, see Table 1.

Property’s Value in Euros

Transfer Fee (%)

Less than €85.430, 10

3

 €85.430,10- €170.860,14

5

More than €170.860,14

8

 

 

 

Table 1

 

Immovable Property Tax:
According to Section 3 of Law 24/1980 the owner of a property is …

Marketing your Law Firm – 5 Secrets to Building your Online Presence

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How important is your firm’s client base? If this question seems like a no-brainer, it’s because it is. Fostering a steadily growing client base is a vital ingredient for any successful law firm. Growth equals profits. Yet despite this, legal marketing is often perceived within the industry as the proverbial ugly step child.

The reasons are obvious. Marketing takes lawyers out of their comfort zone. Good lawyers do not necessarily make good marketers. And time spent on a marketing campaign that bombs is time wasted! Imagine how much case work could have been completed in that time…

While these issues may be valid, the fact is that your firm isn’t going to grow on its own. So you can either accept legal marketing as a necessary evil, or watch your profits flatline.

For those brave enough to embrace it, welcome aboard. Marketing your firm won’t be easy, but it’s also not as difficult as you might think. Many of the road blocks inherent to legal marketing are being broken down, particularly with technological advancements in the online arena.

So open your mind as we explore the road blocks most firms encounter, and discuss the new technologies that are helping to break them down.

Road block 1 – Resource limitations

Lawyers work hard! A work conditions report conducted in 2003 found that your typical lawyer works around 48 hours a week. To compound this fact, almost 90% of Australian law firms employ less than 5 lawyers. The end result…? Resource shortage and time depravation!

Many firms would argue that they just don’t have the time, nor the manpower to implement effective marketing activities. Yes… common business development tactics such as attending & contributing to seminars, brochure development and mail out campaigns are resource heavy. But you have options. It’s time to take your thinking beyond the ‘old school’.

Solution

Modern marketing techniques can be light on both your time and resources. In fact, a number of online opportunities allow you to adopt a ‘set & forget’ approach to marketing.

Search engine optimisation (SEO) is an example. SEO is the practice of improving your web sites ranking within the search engine results in order to drive more traffic to your firm’s site. The effect of good SEO is dramatic. Data released by AOL revealed that the site attaining top spot in the search results draws almost half of the traffic for that search term. Second spot draws less than 15%!

A number of factors affect your sites ability to rank well within the search engines, including:

1. The quality of your content

2. The number of external sites that link to you

3. Your page titles

4. The age of your site

5. The frequency of content updates

6. The cleanliness of web site design and coding… and more

In fact, Google claims to use up to 200 different factors to measure a sites quality. Consequently, SEO isn’t a task you can take on yourself. You’ll need the help of a specialist, …

The New Dark Ages

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By Delwyn Lounsbury – THE DEFLATION GURU

The real cause of the coming NEW DARK AGES is linked directly to fractional reserve banking causing fiat money inflation and the massive credit inflation of the past 70+ years. The only cure for credit inflation like we have had is a big credit deflation (See <a rel=”nofollow” onclick=”javascript:ga(‘send’, ‘pageview’, ‘/outgoing/article_exit_link/5405666’);” href=”<a rel=”nofollow” onclick=”javascript:ga(‘send’, ‘pageview’, ‘/outgoing/article_exit_link/5405666’);” href=”http://www.deflationeconomy.com/austrian-economics.html”>Austrian”>http://www.deflationeconomy.com/austrian-economics.html”>Austrian Economics</a>. Thanks to government protection and encouragement banks were able to lend with only small cash holdings in reserve. In the last decade our government in cahoots with the Federal Reserve Bank required no reserves backing your deposits. None!

One world government coming soon! Not a good thing as it may bring on the NEW DARK AGES. Unfortunately, the Federal Reserve Bank and the other some 110 central banks of the world may be owned by a few impossibly rich families that want you to be their pawns, their serfs. The Anglo financial elite along with their military industrial complex, their crony capitalists and religious (and other) enablers want a “DIRECTED HISTORY” toward Maxism and they have the money to do it. These totalitarian globalist elite plan a socialist Marxist future for the world with themselves as rulers. Their collectivist conspiracy is the biggest story in the whole wide world. It is not being told because the elite own the mainstream press and if it is on the mainstream press it is a smokescreen aimed at taking your freedom and liberty. Remember This!

The Anglo financial power elite (The 1,100 mega rich families that control all the world’s central banks – the BANKSTERS) want a one world government. The elite have been orchestrating a weakening of free market capitalism for possibly the last 300 years to scare and grind the middle class into submission and global governance. The coming economic collapse symptoms started with the dot com mania 2000 peak and will offer one-worldism as the solution.

The GREATER DEPRESSION will last into 2016-2018 and result in a 90 percent drop in most asset prices. Gold may drop in half. Unemployment will probably exceed 35 percent.
This global deflationary depression will be twice as big and twice as long as their 1930’s depression that brought socialist and fascist Franklin Roosevelt into power. Every government regulation and law is a price fix that transfers wealth away from actual producers and Roosevelt was the king of new regulations. Roosevelt’s misguided thinking made that depression last seven years longer than it should have and led America down the road to Keynesian socialism in which most everyone now believes government can micro-manage the economy. It can’t in the long run. When government pays to create jobs, where is the job when the project is done? It is better to let free enterprise create jobs that will last. Isn’t it?

Welcome to an Orwellian “Big Brother” society with the leftists like President Barack Hussein Obama doing the elites wet work. Why do you think Obama, the socialist communist Marxist fascist Nazi, …

California DUI Driving Under Influence Jury Instruction License Lawyers Attorneys

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THE PEOPLE, Plaintiff and Respondent, v. MARIO ENRIQUEZ, Defendant and Appellant.
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT
February 7, 1996, Decided

On June 19, 1994, after smoking a cigarette laced with phencyclidine (PCP), defendant and Christine Martinez were outside Martinez’s mother’s house at 369 Fleming Avenue. When her mother came to the door, she observed Christine was under the influence of PCP and told her she had to leave. Her mother then called 911.  Reserve Deputy Sheriff Michael Phillips saw a blue Sprint with two occupants parked three houses away.  Defendant and Christine exited their automobile and Phillips got out of the patrol car.  When Phillips asked for defendant’s driver’s license, he noticed defendant was sweating, his eyes appeared glossy, and he had difficult standing.  Phillips asked defendant whether he was under the influence, and defendant gave an affirmative response.  After defendant was taken to jail, a blood sample was taken. Laboratory tests confirmed the presence of PCP in defendant’s blood.  When the trial court instructed the jury on the charge of driving under the influence, the trial court read Cal. Jury Instructions, Criminal No. 12.65 (1992).  Based on this evidence, a jury found defendant guilty of driving under the influence and being under the influence of a controlled substance.  Defendant was convicted of both charges.  Defendant appealed.

Issue:

  • Whether jury instruction CALJIC No. 12.65 was sufficient to uphold his driving under the influence conviction?

The Court states that “It is settled that a criminal defendant has a constitutional right to have the jury determine every material issue presented by the evidence.  The denial of that right constitutes a miscarriage of justice regardless of the strength of the prosecution’s case.  Accordingly, it is the trial court’s duty to see that the jurors are adequately informed on the law governing all elements of the case to the extent necessary to enable them to perform their function.  This duty is not always satisfied by a mere reading of wholly correct, requested instructions.  A trial court has a sua sponte duty to instruct on general principles of law relevant to issues raised by the evidence and to give explanatory instructions when terms used in an instruction have a technical meaning peculiar to the law.  The term “under the influence” differs for the purposes of section 23152, subdivision (a) and Health and Safety Code section 11550.  To be ‘under the influence’ within the meaning of the Vehicle Code, the drug(s) must have so far affected the nervous system, the brain, or muscles as to impair to an appreciable degree the ability to operate a vehicle in a manner like that of an ordinarily prudent and cautious person in full possession of his faculties.  In contrast, being under the influence’ within the meaning of Health and Safety Code section 11550 merely requires that the person be under the influence in any detectable manner.  The symptoms of being under the influence within the meaning of that statute are not confined to those commensurate with …