Another pertinent factor is that there was a fiduciary relationship 440*440 between the parties at the time of the fraudulent representations. [16] Although the general rules relating to pleading and proof of facts excusing a late discovery of fraud remain applicable, it is recognized that in cases involving such a relationship facts which would ordinarily require investigation may not excite suspicion, and that the same degree of diligence is not required. In Rutherford v. Rideout Bank, 11 Cal.2d 479, 486 [80 P.2d 978, 117 A.L.R. 383], it was said that because of such a relationship plaintiff could not be charged with lack of diligence even though an inquiry would have disclosed the true value of the property involved. (See, also, Bainbridge v. Stoner, 16 Cal.2d 423, 430 [106
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How to Find That Auto Mechanic You Can Trust - Auto Mechanic Services in USA - 0 views
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Filed in: Auto ServicesTags: in Repair Window Tinting Catering best home services app service usa Oil Change Full electrician blogs Find a Reliable homeservices limo for wedding mechanic Plumbing trustful Share this post
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A good mechanic does more than simply keep your engine running. Before even thinking about leaving your prized automobile with a mechanic, it's important that you do some research on them ahead of time. However, finding a worthy mechanic is going to take a lot more than simply searching around Google. Various factors go into finding a reliable mechanic; including whether you require maintenance or a full blown repair. Where you live, their location and availability also need to be taken into account. Continue reading if you wish to know more about factors on finding a reliable mechanic in Brevard County, Florida: Auto Mechanic Services in USA Trust Trust is the foundation of every long-lasting relationship, including one with your auto mechanic. If you're afraid of your mechanic has been lying to you just to gain a quick buck, then it's time to find a new one. However, not all service professionals are out to scam you. This is why it's important to develop a close relationship with them from day one. Choosing an Service Provider Finding a qualified auto service provider isn't as easy as it may seem. Sure, many have claimed to be the best but when it comes down to it, many are not. Skilled service professionals are usually in high demand, which means they probably have a slew of positive online reviews. Auto Mechanic Services in USA Check out AAA for both positive negative reviews. In addition, inquire whether your current mechanic or any potentially new service providers are active members. If not, you may want to continue your search. Would you really want to work with a mechanic who doesn't provide roadside assistance? Online Search Does anyone even own a phone book anymore? Busy schedules demand fast results. Start your search in Space Coast, Florida online with U'GO Pros. Simply download the U'GO Pros app or head over to www.UGOPROS.com and enter your search query. You can request quotes, send photos if necessary and book your appointment
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Hobart v. Hobart Estate Co., 26 Cal. 2d 412 - Cal: Supreme Court 1945 - Google Scholar - 0 views
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Defendants argue that the fiduciary relationship terminated when the sale was completed and that plaintiff was no longer entitled to the benefit of the rule. [17] The relationship, nevertheless, did exist at the time of the asserted fraud, and plaintiff was under no duty to make a complete search and re-examination of the entire transaction immediately after it took place merely because the fiduciary relationship between the parties was terminated thereby. Under these circumstances, it was for the jury to determine whether it was negligence for plaintiff, after completion of the transaction, to continue to rely upon the representations that were made while he was a stockholder.
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15b] Defendants contend, however, that certain facts indisputably known to plaintiff were sufficient to put him on inquiry. These contentions must be examined in the light of the rule announced in Northwestern P. C. Co. v. Atlantic P. C. Co., 174 Cal. 308, 312 [163
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The court there said that when the facts are susceptible to opposing inferences, whether "a party has notice of 'circumstances sufficient to put a prudent man upon inquiry as to a particular fact,' and whether 'by prosecuting such inquiry, he might have learned such fact' (Civ. Code, 19), are themselves questions of fact to be determined by the jury or the trial court." (See, also, West v. Great Western Power Co., 36 Cal.App.2d
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shared by Barbara Lindsey on 03 May 09
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Jean Lave, Etienne Wenger and communities of practice - 1 views
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CoP community education wenger collaboration practice learning communities mafla09 actfl09 blended learning
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Supposing learning is social and comes largely from of our experience of participating in daily life? It was this thought that formed the basis of a significant rethinking of learning theory in the late 1980s and early 1990s by two researchers from very different disciplines - Jean Lave and Etienne Wenger. Their model of situated learning proposed that learning involved a process of engagement in a 'community of practice'.
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When looking closely at everyday activity, she has argued, it is clear that 'learning is ubiquitous in ongoing activity, though often unrecognized as such' (Lave 1993: 5).
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Communities of practice are formed by people who engage in a process of collective learning in a shared domain of human endeavour: a tribe learning to survive, a band of artists seeking new forms of expression, a group of engineers working on similar problems, a clique of pupils defining their identity in the school, a network of surgeons exploring novel techniques, a gathering of first-time managers helping each other cope. In a nutshell: Communities of practice are groups of people who share a concern or a passion for something they do and learn how to do it better as they interact regularly. (Wenger circa 2007)
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Over time, this collective learning results in practices that reflect both the pursuit of our enterprises and the attendant social relations. These practices are thus the property of a kind of community created over time by the sustained pursuit of a shared enterprise. It makes sense, therefore to call these kinds of communities communities of practice. (Wenger 1998: 45)
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The characteristics of communities of practice According to Etienne Wenger (c 2007), three elements are crucial in distinguishing a community of practice from other groups and communities: The domain. A community of practice is is something more than a club of friends or a network of connections between people. 'It has an identity defined by a shared domain of interest. Membership therefore implies a commitment to the domain, and therefore a shared competence that distinguishes members from other people' (op. cit.). The community. 'In pursuing their interest in their domain, members engage in joint activities and discussions, help each other, and share information. They build relationships that enable them to learn from each other' (op. cit.). The practice. 'Members of a community of practice are practitioners. They develop a shared repertoire of resources: experiences, stories, tools, ways of addressing recurring problems—in short a shared practice. This takes time and sustained interaction' (op. cit.).
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The fact that they are organizing around some particular area of knowledge and activity gives members a sense of joint enterprise and identity. For a community of practice to function it needs to generate and appropriate a shared repertoire of ideas, commitments and memories. It also needs to develop various resources such as tools, documents, routines, vocabulary and symbols that in some way carry the accumulated knowledge of the community.
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The interactions involved, and the ability to undertake larger or more complex activities and projects though cooperation, bind people together and help to facilitate relationship and trust
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Rather than looking to learning as the acquisition of certain forms of knowledge, Jean Lave and Etienne Wenger have tried to place it in social relationships – situations of co-participation.
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It not so much that learners acquire structures or models to understand the world, but they participate in frameworks that that have structure. Learning involves participation in a community of practice. And that participation 'refers not just to local events of engagement in certain activities with certain people, but to a more encompassing process of being active participants in the practices of social communities and constructing identities in relation to these communities' (Wenger 1999: 4).
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Initially people have to join communities and learn at the periphery. The things they are involved in, the tasks they do may be less key to the community than others.
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Learning is, thus, not seen as the acquisition of knowledge by individuals so much as a process of social participation. The nature of the situation impacts significantly on the process.
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What is more, and in contrast with learning as internalization, ‘learning as increasing participation in communities of practice concerns the whole person acting in the world’ (Lave and Wenger 1991: 49). The focus is on the ways in which learning is ‘an evolving, continuously renewed set of relations’ (ibid.: 50). In other words, this is a relational view of the person and learning (see the discussion of selfhood).
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'the purpose is not to learn from talk as a substitute for legitimate peripheral participation; it is to learn to talk as a key to legitimate peripheral participation'. This orientation has the definite advantage of drawing attention to the need to understand knowledge and learning in context. However, situated learning depends on two claims: It makes no sense to talk of knowledge that is decontextualized, abstract or general. New knowledge and learning are properly conceived as being located in communities of practice (Tennant 1997: 77).
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There is a risk, as Jean Lave and Etienne Wenger acknowledge, of romanticizing communities of practice.
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'In their eagerness to debunk testing, formal education and formal accreditation, they do not analyse how their omission [of a range of questions and issues] affects power relations, access, public knowledge and public accountability' (Tennant 1997: 79).
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Perhaps the most helpful of these explorations is that of Barbara Rogoff and her colleagues (2001). They examine the work of an innovative school in Salt Lake City and how teachers, students and parents were able to work together to develop an approach to schooling based around the principle that learning 'occurs through interested participation with other learners'.
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Learning is in the relationships between people. As McDermott (in Murphy 1999:17) puts it: Learning traditionally gets measured as on the assumption that it is a possession of individuals that can be found inside their heads… [Here] learning is in the relationships between people. Learning is in the conditions that bring people together and organize a point of contact that allows for particular pieces of information to take on a relevance; without the points of contact, without the system of relevancies, there is not learning, and there is little memory. Learning does not belong to individual persons, but to the various conversations of which they are a part.
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One of the implications for schools, as Barbara Rogoff and her colleagues suggest is that they must prioritize 'instruction that builds on children's interests in a collaborative way'. Such schools need also to be places where 'learning activities are planned by children as well as adults, and where parents and teachers not only foster children's learning but also learn from their own involvement with children' (2001: 3). Their example in this area have particular force as they are derived from actual school practice.
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Acknowledging that communities of practice affect performance is important in part because of their potential to overcome the inherent problems of a slow-moving traditional hierarchy in a fast-moving virtual economy. Communities also appear to be an effective way for organizations to handle unstructured problems and to share knowledge outside of the traditional structural boundaries. In addition, the community concept is acknowledged to be a means of developing and maintaining long-term organizational memory. These outcomes are an important, yet often unrecognized, supplement to the value that individual members of a community obtain in the form of enriched learning and higher motivation to apply what they learn. (Lesser and Storck 2001)
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Educators need to reflect on their understanding of what constitutes knowledge and practice. Perhaps one of the most important things to grasp here is the extent to which education involves informed and committed action.
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Buy Google Ads Account Introduction If you are looking to buy Google Ads Accounts we can help you. Here are some reasons why you should buy PVA accounts from us: Looking to buy Google Ads Accounts If you're looking to buy Google Ads Accounts, we offer a variety of packages that can help you get started. We offer accounts with varying limits on the number of ads that can be run at once, as well as different options for payout amounts and costs (depending on your budget). You'll also be able to choose whether or not your account is part of our main product line or if it's an offshoot. This way, if there are any changes in how our products work or evolve over time-or even if there's no need at all-you won't miss out on anything! What are the rules in google ads accounts? Google Ads accounts let you create and manage your own campaign, which can be used to drive traffic to a website or an email list. However, the rules are pretty strict. Here's what you need to know: You can use Google Ads for your business' own purposes only. For example, if you have a side hustle as a freelancer, this is not allowed because it will affect the quality of your main business' listings in search results (for example). If there are other businesses using the same keywords as yours (either directly or indirectly), then those other businesses may also be affected by this rule. You cannot use Google Ads Accounts for any friend's business except those who are family members living at home with them; friends who work together professionally; close colleagues from college days; ex-girlfriends/boyfriends whose relationship ended badly during high school years; any person(s) who has been convicted of crimes involving fraudulently obtaining money from others through false promises made while applying for jobs/jobs interviews etc., even if they were pardoned afterwards
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shared by Katrina Miller on 02 Jan 11
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Do nontask interactions matter? The relationship between nontask sociability of compute... - 2 views
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Do nontask interactions matter? The relationship between nontask sociability of SCCL and learning ... (Abedin et al 2011) http://ow.ly/4Ezs9
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How to Earn (and Keep) Trust as an eLearning Instructor - 0 views
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How to Earn (and Keep) Trust as an eLearning Instructor eLearning answers many needs of a 21st century audience. It eliminates travel, thereby reducing our carbon footprint. It provides immediate results, and is therefore a streamlined training solution. And eLearning is laser-targeted to develop precise skill sets. But eLearning instructors also have to contend with the drawbacks of the online experience; namely, recreating the physicality of a classroom. Better technology makes the training an ever more interactive experience. Still, the instructor-student relationship is not exactly replicated in an online environment. elearningindustry.com/how-to-earn-and-keep-trust-as-an-elearning-instructor
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shared by Donna Baumbach on 22 Nov 10
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"Hanging Out, Messing Around, and Geeking Out fills this gap, reporting on an ambitious three-year ethnographic investigation into how young people are living and learning with new media in varied settings-at home, in after school programs, and in online spaces. By focusing on media practices in the everyday contexts of family and peer interaction, the book views the relationship of youth and new media not simply in terms of technology trends but situated within the broader structural conditions of childhood and the negotiations with adults that frame the experience of youth in the United States. Integrating twenty-three different case studies-which include Harry Potter podcasting, video-game playing, music-sharing, and online romantic breakups-in a unique collaborative authorship style, Hanging Out, Messing Around, and Geeking Out is distinctive for its combination of in-depth description of specific group dynamics with conceptual analysis."
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The Magic of Higher Education - Old School, New School - The Chronicle of Higher Education - 0 views
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When we view faculty as labor and students as customers, we do not see magic; we see expenses and revenue on a profit-and-loss sheet. We would be better off selling tickets to a magic show.
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When we present the university as a corporation, the faculty as labor, and the students as customers, we lose sight of our core mission of teaching and learning. Just as the corporate analogy distracts, the customer analogy detracts. Presenting the student as a customer rather than as a partner in learning is condescending at best. It is a short-run view that focuses on interactions with students as a series of financial transactions rather than a network of human relationships. When we view education as consumption, administrators are forced to side either with faculty at the expense of the students or with students at the expense of the faculty. When our focus is on learning as a form of development, we can spend our energy on finding ways to support the creativity and growth of both partners in this relationship.
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But the reality is that those of us who labor in academe range from part-time work-study students to outsourced janitors and food-service workers, to campus police, librarians, doctors, legal counsel, and a myriad of student counselors, among others. Many of the working conditions that affect professors also affect the rest of us. Much more is to be gained by seeing the conditions we have in common than by painting a picture of faculty as uniquely oppressed. Building bridges between faculty and administration is a necessary step in creating a campus culture that values teaching and learning and that is oriented toward the success of both students and faculty.
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Professors seem to have a strange sort of tunnel vision when it comes to defining labor on campus. Apart from their fellow faculty members, their view rarely includes those outside of the line on the organizational chart that links themselves to their presidents. They seem to look through their chairs, deans, and provosts to their most senior leaders.
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Academic discussions of the corporatization of higher education frame the institution as a corporation and the faculty as the labor oppressed by this structure. But academics need to realize that the corporate model dehumanizes everyone on campus, not just the faculty.
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Choosing the right Engagement Model for Business Software Development - TI Technologies - 0 views
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Software Development has formed the economic and social face of the planet within the most recent 3 decades. What was once thought of gibber and kept to the elite minds that place humans on the Moon and cracked the German Enigma is currently a well-liked profession that has created landmarks just like the Silicon Valley and icons like Bill Gates and Steve Jobs. With the spurt in revolutionary product ideas within the late 90s, the need to place those 'thoughts' into execution demanded the best development-skills, and this 'request' has been solely developing with time. This conveys us to an aspect of software development that has perpetually been a significant business call for companies - the foremost cost-effective engagement model. Here is what we think regarding selecting the right engagement model: Fixed Price Model Fixing the price is about fixing the project requirements, scope, as well as deadlines. This model can never work while not thorough initial planning, analysis, and estimation sessions. The more planning you do, the better the result. Why is the planning stage so important? The success of the fixed price project is directly proportional to the success of this primary phase. To have a superior control over a greater project, the engagement model may be somewhat changed with deliverables & milestones approach. A customer is charged because the in agreement milestones have come and deliverables are in situ. From that point forward, another stage with its own particular milestones and deliverables can start. For the majority of effectively fixed price projects, discovery phase fills in as the beginning point. Choose Fixed Price Engagement Model when: Requirements are clear, very much characterized and improbable to change You deal with a small or medium project which won't last for more than few months The Pros: It's well-defined and well-negotiated. There's no room for lapses. There is a push to get the total picture of the software even befo
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With regard to marriage, a large portion of the general population still accepts and pursues the customary methods for hunting a husband to be and lady of the hour down matchmaking. Be that as it may, as the things are transforming you can likewise observe and see a striking change in various procedures. In the event that you would prefer not to pursue the conventional method for looking through the lady of the hour and man of the hour then you can search for Aggarwal girls and boys to be in Aggarwal marital locales. Apnahumsafar.com is one of the leading Aggarwal matrimonial in Punjab where you can scan for Aggarwal young boys and young girls for marriage. In India, distinctive networks have diverse services. Wedding customs are considered as lifetime occasions which you love; recollect for a mind-blowing duration since it is a critical occasion of once life. Aggarwal people group has a place with significantly North Indian districts and Aggarwal wedding ceremonies are rich with conventions. The wedding festivity stretches out to a couple of days or as long as seven days. Aggarwal Matrimonial Their wedding isn't just about the girl of the hour and the boy of the hour. In addition, it is building a long-lasting bond between the two families. Their matrimony services are one of a kind and convey their very own significance. All the Aggarwal matrimony ceremonies are structured delightfully that they hold extraordinary noteworthiness and importance in your life. Here at apnahumsafar.com, we investigate distinctive services of the Aggarwal wedding style on with Hindu marriage customs. Aggarwal marriage venture: Aggarwal matchmaking for a wedding is done or their marriage is commonly fixed by the guardians. The similarity of the girl of the hour and boy to be is, for the most part, assessed and rated based on their horoscope coordinate making. Their wedding is loaded with customs and ceremonies which makes it brimming with fervor and life. Mudha-Tikka fun
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Buy Zillow Reviews Introduction When you're buying a home, it's important to get as much information as possible. If you don't know anything about the listing or seller, it can be very difficult to make an informed decision on whether or not that property is right for you. What is Zillow? Zillow is a real estate website that helps you find homes for sale, rent and other housing related information. It's one of the most popular resources for finding information on homes in America, with over 12 million unique visitors per month. Buy Zillow Reviews Zillow was founded in 2005 by Rich Barton and Lloyd Rink in Seattle, Washington. The company has since expanded to include offices across the country including California (San Francisco), New York City (New York City) and Chicago Illinois as well as London England! Why You Should Buy Zillow Reviews? Zillow reviews are a great way to find out what other people think about a property. They can help you find a home that is right for you and your budget, as well as give you some insight into the neighborhood and surrounding area. Importance of Zillow Reviews Zillow reviews are a great way to find out whether or not a home is a good investment. Zillow reviews can help you decide if the home is right for your family, and it also gives you an idea of what kind of neighborhood it's in. If there are any problems with the house, such as mild or structural damage, these things may be noted by someone else who has lived there before. This information will help you make an educated decision about whether or not this particular property might be worth buying for yourself! In addition to learning about potential problems with homes listed on Zillow, users can also use reviews written by actual buyers who have bought homes at various locations throughout America (and even abroad). These real-world experiences provide valuable insight into what makes certain neighbourhoods attractive while others aren't so great-so even tho
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Navratri Celebration: A Festival of Devotion and Dance - 0 views
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Navratri, a vibrant and spiritually significant festival, is celebrated with immense enthusiasm and fervor across India. This nine-night festival, dedicated to the worship of Goddess Durga, brings people together to revel in devotion, music, dance, and traditional rituals. In this blog, Apnahumsafar.com takes you on a journey into the heart of Navratri celebrations, exploring its cultural significance and the joy it brings to people's lives. Navratri: The Festival of Nine Nights Navratri, which means "nine nights," is celebrated in the Hindu calendar month of Ashwin (usually September or October). It marks the triumph of Goddess Durga over the buffalo demon Mahishasura, symbolizing the victory of good over evil. The Significance of Navratri: Devotion and Worship: Navratri is a time for devotees to seek the blessings of Goddess Durga, who represents feminine power and divine strength. Devotees fast, pray, and perform aarti (ritual worship) to honor the goddess. Dance and Music: Navratri is renowned for its vibrant Garba and Dandiya Raas dances. People of all ages come together to dance in circles, accompanied by lively music. These dances symbolize the joy of life and the victory of good over evil. The Colors of Navratri: Each day of Navratri is associated with a specific color, and devotees wear clothes in those colors to symbolize their devotion. The colors include: Day 1 (Pratipada): Yellow Day 2 (Dwitiya): Green Day 3 (Tritiya): Grey Day 4 (Chaturthi): Orange Day 5 (Panchami): White Day 6 (Sashti): Red Day 7 (Saptami): Royal Blue Day 8 (Ashtami): Pink Day 9 (Navami): Purple Navratri Celebrations with Apnahumsafar: At Apnahumsafar.com, we understand the significance of cultural celebrations like Navratri. Festivals are an opportunity to connect with your roots, meet new people, and forge meaningful relationships. Whether you're looking for a life partner to share in these joyful celebrations or seeking adv