Continued Economic Growth Vital for Still-Challenged Markets

first_imgSubscribe  Print This Post Demand Propels Home Prices Upward 2 days ago The Best Markets For Residential Property Investors 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Related Articles Data Provider Black Knight to Acquire Top of Mind 2 days ago December 15, 2015 1,144 Views Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Previous: Potestivo & Associates Expands with New Office Next: TRID: Putting the Spotlight on Vendor Management About Author: Brian Honea Share Save Tagged with: Foreclosure Alternatives foreclosure sales HOPE NOW Non-foreclosure solutions Brian Honea’s writing and editing career spans nearly two decades across many forms of media. He served as sports editor for two suburban newspaper chains in the DFW area and has freelanced for such publications as the Yahoo! Contributor Network, Dallas Home Improvement magazine, and the Dallas Morning News. He has written four non-fiction sports books, the latest of which, The Life of Coach Chuck Curtis, was published by the TCU Press in December 2014. A lifelong Texan, Brian received his master’s degree from Amberton University in Garland. center_img in Daily Dose, Featured, Foreclosure, News Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Foreclosure Alternatives foreclosure sales HOPE NOW Non-foreclosure solutions 2015-12-15 Brian Honea Continued Economic Growth Vital for Still-Challenged Markets Servicers Navigate the Post-Pandemic World 2 days ago Foreclosures and solutions have been on the steady decline for years, which means many housing markets are improving—and the key is sustaining that growth, according to a report released by HOPE NOW on Tuesday.In October 2015, the industry offered approximately 30,000 permanent loan modifications, compared with 39,000 the previous October (a 23 percent decline). Short sales dropped off by 37 percent in October year-over-year, from 10,400 to 6,600. Also declining substantially from October 2014 to October 2015 were deeds-in-lieu of foreclosure (2,300 down to 1,500, a 35 percent drop), foreclosure starts (65,000 down to 57,000, a 13 percent drop), foreclosure sales (39,000 down to 26,000, a 33 percent drop), and serious delinquencies (1.91 million down to 1.67 million, a 13 percent drop), according to HOPE NOW.“Our data has always been about finding significant trends so that our member and partners are best equipped to offer the right solution to the right borrower,” HOPE NOW Executive Director Eric Selk said. “Sustainability is the key as the housing market continues to improve across the nation.”The total number of non-foreclosure solutions in October 2015, including permanent loan modifications, short sales, deeds-in-lieu, and other workout plans, totaled 109,000, which still outpaced foreclosure sales during the month (26,000) by a ratio of approximately 4 to 1.“We are pleased to see that total solutions are still significantly outpacing foreclosure sales on a consistent basis,” Selk said. “We are close to pre-crisis levels and that is good news. By reviewing the data from a year ago, we are also happy to see double digit decreases in foreclosure numbers and delinquency volume.”To the end of achieving sustainability in housing markets, HOPE NOW—a voluntary, private sector alliance of mortgage servicers, investors, mortgage insurers and non-profit counselors—has hosted a series of loss mitigation events in the areas hit hardest by the crisis to connect struggling borrowers face-to-face with mortgage servicers, housing counseling agencies, and local non-profit agencies and civic organizations. Year-to-date, 2,300 borrowers have received assistance at nine events; in the last event, which took place in New York City and included Fannie Mae, Freddie Mac, and the government’s Making Home Affordable program, 375 borrowers received assistance.“As I have stressed each month, the focus of our industry members is largely on markets experiencing a slower recovery,” Selk said. “Additionally, as loss mitigation efforts slow down—which is a good thing—HOPE NOW is looking at improving communities in this post-recession environment. We have taken a large role in neighborhood stabilization initiatives, abandoned property issues and holistic community revitalization. Our borrower outreach efforts have been complemented by high level roundtables with elected officials and community leaders.” The Week Ahead: Nearing the Forbearance Exit 2 days ago Home / Daily Dose / Continued Economic Growth Vital for Still-Challenged Markets Sign up for DS News Daily Demand Propels Home Prices Upward 2 days agolast_img read more

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Mulvaney: ‘The Bureau Is Not Designed to be Accountable’

first_img Servicers Navigate the Post-Pandemic World 2 days ago Radhika Ojha is an independent writer and copy-editor, and a reporter for DS News. She is a graduate of the University of Pune, India, where she received her B.A. in Commerce with a concentration in Accounting and Marketing and an M.A. in Mass Communication. Upon completion of her masters degree, Ojha worked at a national English daily publication in India (The Indian Express) where she was a staff writer in the cultural and arts features section. Ojha, also worked as Principal Correspondent at HT Media Ltd and at Honeywell as an executive in corporate communications. She and her husband currently reside in Houston, Texas. Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago April 11, 2018 4,069 Views About Author: Radhika Ojha Tagged with: Accountability CFPB consumers Financial Services Committee Mick Mulvaney Rights Senate Previous: Fitch Examines Top Servicers Next: Pinpointing the Hottest Housing Markets Accountability CFPB consumers Financial Services Committee Mick Mulvaney Rights Senate 2018-04-11 Radhika Ojha Share Save Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Mick Mulvaney, the Acting Director of the Consumer Financial Protection Bureau (CFPB) appeared before the House Committee on Financial Services to testify on the 2018 Semi-Annual Report of the CFPB that was released last week. This is the first of the two hearings where Mulvaney will testify, with the second hearing to be held before the Senate on Thursday.In his opening remarks, Mulvaney noted that, while the statute required him to be there, it didn’t say a word about answering questions or testifying. “I think that’s wrong and I’m using it as one of the examples of how this statute is written,” Mulvaney said. “The bureau is not designed to be accountable and my work there is aimed towards one end goal: to make the bureau more accountable.”Mulvaney said that he was there to answer questions from the committee and was of the opinion that both sides of the political spectrum would be served by fixing the statute on CFPB’s rules and bringing more transparency to the way the bureau worked.A former congressman himself, Mulvaney, who also serves as the Director of the Office of Management and Budget, was asked questions ranging from the extent that the bureau protected consumers’ rights to a competitive and transparent market, to rumors about running for Speaker of the House next year.“My job is to make sure the bureau is acting consistently with our statutory responsibilities, to improve our daily operations and our interactions with consumers and industry, and to ensure we are accountable to the American people,” Mulvaney said.In his written testimony, Mulvaney laid out the new strategic priorities for the bureau, which included recognizing free markets and consumer choice and taking a prudent, consistent, and humble approach to enforcing the law. “This reflects my understanding that consumers and creditors alike gain from mutual exchange, provided that promises are kept, terms are clearly disclosed, and property rights are protected,” he said.On a question from the committee on the bureau’s budget, Mulvaney answered that, while the bureau had asked for $0 for the second quarter, they had requested the Federal Reserve for $98.5 million for the bureau’s expenses in the third quarter.Answering a question on the new approach that the bureau planned to take to fulfill its strategic priorities, Mulvaney said, “The bureau is going about its work in several new ways. First, to execute the new mission, the bureau will continue to seek the counsel of others and make decisions only after weighing relevant available evidence and a full range of perspectives.  Second, the bureau will protect the legal rights of all, equally. And third, we will do what is right with confidence, acting with humility and moderation.” This hearing was perhaps a precursor to the issues that are likely to come up during his testimony to the Senate, such as CFPB’s long-term structure and Mulvaney’s approach to enforcement actions in what is being deemed to be a face-off between him and Senator Elizabeth Warren. Demand Propels Home Prices Upward 2 days agocenter_img The Best Markets For Residential Property Investors 2 days ago Home / Daily Dose / Mulvaney: ‘The Bureau Is Not Designed to be Accountable’ The Best Markets For Residential Property Investors 2 days ago in Daily Dose, Featured, Government, News Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Mulvaney: ‘The Bureau Is Not Designed to be Accountable’ Sign up for DS News Daily Related Articles  Print This Post Subscribelast_img read more

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Driving Progress in Housing and Mortgage

first_img The Week Ahead: Nearing the Forbearance Exit 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Related Articles Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago The Best Markets For Residential Property Investors 2 days ago Subscribe Demand Propels Home Prices Upward 2 days ago Tagged with: Awards default Five Star HOUSING Keystone mortgage Servicing Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Rising Business Leader Keystone Award that was presented at the recently concluded Five Star Conference recognized individuals, who while still early in their careers have demonstrated an outstanding capability to lead and drive progress. Courtney Thompson, Director, Default Oversight and Operations at Flagstar Bank received this award. The finalists included Jennifer Bross, AVP, Client Relations, ServiceLink; Jennifer Carroll Senior Foreclosure Specialist, Fay Servicing; Cara Hardy VP, Loss Mitigation and Bankruptcy, Statebridge Company; and Elizabeth Kameen Project Manager, Fannie Mae.Joining Flagstar in 2015, was a turning point in her life and was “the best gift that I never asked for,” Thompson said while accepting the award. “Thank you for this honor and I look forward to working with many of you in the future.”As Director of Flagstar Bank’s default servicing operations team, Thompson is responsible for consumer default assets, including default call center and the design and operation of the bank’s component default servicing oversight model that includes the management of specialty servicing vendor partners who perform the front line servicing for each of these functional areas of default, as well as Flagstar’s cross-functional oversight team.Watch this video to see the accomplishments of Thompson and her fellow-finalists.<span data-mce-type=”bookmark” style=”display: inline-block; width: 0px; overflow: hidden; line-height: 0;” class=”mce_SELRES_start”></span><span data-mce-type=”bookmark” style=”display: inline-block; width: 0px; overflow: hidden; line-height: 0;” class=”mce_SELRES_start”></span>  Print This Post Data Provider Black Knight to Acquire Top of Mind 2 days ago Demand Propels Home Prices Upward 2 days agocenter_img in Daily Dose, Featured, News Driving Progress in Housing and Mortgage October 2, 2018 1,435 Views The Best Markets For Residential Property Investors 2 days ago Awards default Five Star HOUSING Keystone mortgage Servicing 2018-10-02 Radhika Ojha About Author: Radhika Ojha Previous: Measuring Delinquency and Foreclosure Recovery Next: Old Republic Acquires iMarc, Inc. Radhika Ojha is an independent writer and copy-editor, and a reporter for DS News. She is a graduate of the University of Pune, India, where she received her B.A. in Commerce with a concentration in Accounting and Marketing and an M.A. in Mass Communication. Upon completion of her masters degree, Ojha worked at a national English daily publication in India (The Indian Express) where she was a staff writer in the cultural and arts features section. Ojha, also worked as Principal Correspondent at HT Media Ltd and at Honeywell as an executive in corporate communications. She and her husband currently reside in Houston, Texas. Servicers Navigate the Post-Pandemic World 2 days ago Home / Daily Dose / Driving Progress in Housing and Mortgage Sign up for DS News Daily Share Savelast_img read more

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The Mortgage Law Firm Announces Expansion

first_imgHome / Featured / The Mortgage Law Firm Announces Expansion The Week Ahead: Nearing the Forbearance Exit 2 days ago The Mortgage Law Firm Announces Expansion Tagged with: Eric Marshack Expansion Jason Cotton Oregon Renee M. Parker The Mortgage Law Firm Washington Donna Joseph is a Dallas-based writer who covers technology, HR best practices, and a mix of lifestyle topics. She is a seasoned PR professional with an extensive background in content creation and corporate communications. Joseph holds a B.A. in Sociology and M.A. in Mass Communication, both from the University of Bangalore, India. She is currently working on two books, both dealing with women-centric issues prevalent in oppressive as well as progressive societies. She can be reached at [email protected] Eric Marshack Expansion Jason Cotton Oregon Renee M. Parker The Mortgage Law Firm Washington 2018-12-06 Donna Joseph Related Articles Previous: Where Are Americans Moving? Next: What Kraninger Brings to the Table  Print This Post Share Save The Mortgage Law Firm has announced its expansion into Oregon and Washington, adding to the firm’s existing footprint of Arizona, California, Hawaii, and Oklahoma.Jason Cotton, Owner of The Mortgage Law Firm, said, “We opened these offices, first and foremost, to meet the current needs of our clients. But, the expansion is also a natural progression for our attorneys who grew up in the Pacific Northwest. It is important to The Mortgage Law Firm that we have meaningful roots in the states we represent and these states were a perfect fit.”Renee M. Parker joined The Mortgage Law Firm in 2017. She is currently the Managing Attorney for the firm’s Washington office. Ms. Parker has over 13 years of experience handling foreclosure matters, complex bankruptcy and civil matters, title insurance issues, and mortgage banking litigation.Parker was admitted to the Washington State Bar in 2005, California State Bar in 2008, the United States District Court of Colorado in 2010. She was also admitted to The Supreme Court of the United States in 2011 (as well as all its District State Courts), United States Courts for the 9th Circuit in 2011, the Oregon State Bar in 2014, and the Arizona State Bar in 2018. During law school, Parker worked as a Research Assistant to Cynthia Starnes in updating the Article 9 section for Thomson-West’s Michigan Compiled Laws Annotated Uniform Commercial Code Forms, 3rd Edition to reflect the massive revisions of 2001.Eric Marshack is the Managing Attorney for The Mortgage Law Firm’s Oregon Office. Marshack has over 10 years of experience specializing in lender related bankruptcy matters, foreclosure cases, trustee defense, title issues, and related litigation in state and federal courts throughout Oregon and Washington. He graduated from the University Of Oregon School of Law in 2004. During school, he was awarded the American Bankruptcy Institute Certificate of Excellence in Bankruptcy. Mr. Marshack has spent his entire legal career in the fields of bankruptcy, creditor’s rights, and related litigation. He is admitted to practice in the states of Oregon and Washington, including all Federal District Courts and Bankruptcy Courts.The Mortgage Law Firm provides comprehensive legal services in the mortgage default industry, including foreclosure, bankruptcy, loss mitigation, litigation, REO, title curative, eviction, replevin, and deeds-in-lieu. With the recent expansion, the firm currently has offices located in Temecula, California; Honolulu, Hawaii; Phoenix, Arizona; Oklahoma City, Oklahoma; Portland, Oregon; and Spokane, Washington. December 6, 2018 1,477 Views Data Provider Black Knight to Acquire Top of Mind 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago About Author: Donna Joseph Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Sign up for DS News Daily Data Provider Black Knight to Acquire Top of Mind 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago Demand Propels Home Prices Upward 2 days ago in Featured, Headlines, News, Servicing Subscribelast_img read more

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Protecting Homeowners from Harassment

first_img Related Articles Home / Daily Dose / Protecting Homeowners from Harassment Servicers Navigate the Post-Pandemic World 2 days ago  Print This Post April 1, 2019 1,277 Views Diversity Fair Housing Homeowners HUD 2019-04-01 Seth Welborn Seth Welborn is a Reporter for DS News and MReport. A graduate of Harding University, he has covered numerous topics across the real estate and default servicing industries. Additionally, he has written B2B marketing copy for Dallas-based companies such as AT&T. An East Texas Native, he also works part-time as a photographer. Share Save Tagged with: Diversity Fair Housing Homeowners HUD On Monday, at the start of Celebrate Diversity month and Fair Housing Month, the Department of Housing and Urban Development (HUD) announced a new campaign and training initiative aimed at protecting people from harassment.“Complaints we receive and cases we see tell us that there are some housing providers who unfortunately prey on vulnerable men and women,” said Anna María Farías, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “No one should have to tolerate harassment or unwanted sexual advances in order to keep a roof over their head, and HUD will continue to take appropriate action when discrimination of this type occurs.”During the Department’s Fair Housing Month opening program, HUD’s Office of Fair Housing and Equal Opportunity will introduce the program, titled “The Call HUD: Because Sexual Harassment in Housing is Illegal” campaign. According to HUD, the aim of the campaign will be to increase the Department’s efforts to educate the public about what behaviors constitute sexual harassment and what to do and who to contact if they experience it where they live. In a statement, HUD says that the campaign is designed to “help protect people from harassment by landlords, property managers, and maintenance workers in HUD-assisted housing.”“April is Fair Housing Month, a time when we celebrate the Fair Housing Act and recommit ourselves to ensuring every American has access to housing that is free from discrimination,” said HUD in a statement. “The Fair Housing Act makes it unlawful to discriminate in housing transactions based on race, color, national origin, religion, sex, disability, or family status. This year, HUD is especially focused on protecting the right of individuals to feel safe and secure in their homes, free from sexual harassment or unwanted sexual advances.”Want to learn more about diversity in your business? Register for the 2019 Five Star Diversity Symposium, May 8, 2019 at the Adolphus Hotel in Dallas. Featuring powerful presentations and collaborative roundtable discussions, the 2019 Five Star Diversity Symposium will serve as a platform for industry leaders to advance the diversity dialogue and promote truly inclusive business practices to the benefit of individuals, their organizations, and the industry. Register online here. Demand Propels Home Prices Upward 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Demand Propels Home Prices Upward 2 days ago The Best Markets For Residential Property Investors 2 days agocenter_img Protecting Homeowners from Harassment Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Previous: Charting a Course for High Debt-to-Income Borrowers Next: Real Estate Taxes by City in Daily Dose, Featured, Government, News Data Provider Black Knight to Acquire Top of Mind 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago About Author: Seth Welborn Sign up for DS News Daily Servicers Navigate the Post-Pandemic World 2 days ago Subscribelast_img read more

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Biden, Sanders Address Possible Bailout & Mortgage Impact During Presidential Debate

first_imgSubscribe  Print This Post Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago About Author: Rachel Williams Bernie Sanders HOUSING HUD Joe Biden mortgage Presidential debat 2020-03-15 Rachel Williams Demand Propels Home Prices Upward 2 days ago Share Save Demand Propels Home Prices Upward 2 days ago Home / Daily Dose / Biden, Sanders Address Possible Bailout & Mortgage Impact During Presidential Debate Biden, Sanders Address Possible Bailout & Mortgage Impact During Presidential Debate Rachel Williams attended Texas Christian University (TCU), where she graduated with Magna Cum Laude with a dual Bachelor of Arts in English and History. Williams is a member of Phi Beta Kappa, widely recognized as the nation’s most prestigious honor society. Subsequent to graduating from TCU, Williams joined the Five Star Institute as an editorial intern, advancing to staff writer, associate editor and is currently the editor in chief and head of corporate communications. She has over a decade of editorial experience with a primary focus on the U.S. residential mortgage industry and financial markets. Williams resides in Dallas, Texas with her husband. She can be reached at [email protected] Servicers Navigate the Post-Pandemic World 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days agocenter_img Previous: HUD Suspends Face-to-Face Requirement in Response to COVID-19 Next: Activists Call for Halts on Foreclosures The Best Markets For Residential Property Investors 2 days ago Tagged with: Bernie Sanders HOUSING HUD Joe Biden mortgage Presidential debat The Best Markets For Residential Property Investors 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Related Articles On Sunday evening, presidential candidates Joe Biden and Bernie Sanders met in a debate heavily influenced by concerns over COVID-19—both in setup and content.Hosted by CNN, the 11th democratic debate was held without an audience with the candidates placed on podiums six-feet apart, a reflection of new measures that are being put in place across the nation to slow the spread of the virus.Both candidates focused on how the Coronavirus was impacting the national debate, with Sanders calling for a national reform to healthcareBiden’s and Sanders’ remarks are not surprising during a weekend already marked by response from the government and industry toward how mortgages will be impacted by Coronavirus.Earlier on Sunday, the Federal Reserve cut interest rates to zero and announced that over the coming months it will increase its holdings of Treasury securities by at least $500 billion and its holdings and agency mortgage-backed securities by at least $200 billion.On Saturday, HUD suspended face-to-face requirements in response to the virus.Editor’s note: This is a developing story, please check back. Data Provider Black Knight to Acquire Top of Mind 2 days ago in Daily Dose, Featured, Government, Servicing Governmental Measures Target Expanded Access to Affordable Housing 2 days ago March 15, 2020 1,220 Views Sign up for DS News Daily last_img read more

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McConalogue: Government Must Address Shortcomings at LGH

first_imgHomepage BannerNews McConalogue: Government Must Address Shortcomings at LGH Previous articleAlleged Assault in LetterkennyNext articleSignificant Dumping at Strabane Beauty Spot News Highland Facebook Three factors driving Donegal housing market – Robinson NPHET ‘positive’ on easing restrictions – Donnelly Pinterest Google+ WhatsApp RELATED ARTICLESMORE FROM AUTHOR Facebook Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2015/02/charlsat.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Twitter Pinterest Twitter 448 new cases of Covid 19 reported today WhatsApp News, Sport and Obituaries on Wednesday May 26th By News Highland – February 14, 2015 Help sought in search for missing 27 year old in Letterkenny Google+ Health Minister Leo Varadkar is being urged to meet with management at Letterkenny General Hospital and the Saolta Hospitals Group in the wake of comments made by consultant urologist Kevin Moran, who confirmed this week he is stepping down from his position.Donegal North East Deputy Charlie McConalogue says the Government must address the shortomings identified in the system by Mr Moran, particularly in terms of the inability to recruit necessary staff.Deputy Mc Conalogue says there needs to be a functional rotation system for junior doctors which meets the needs of hospitals like Letterkenny General: Nine Til Noon Show – Listen back to Wednesday’s Programmelast_img read more

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Letterkenny improves in latest IBAL study

first_img Google+ The most recent study by business group Irish Business Against Litter has found Letterkenny in 14th position reclaiming its ‘Clean to European Norms’ status from 2008.The town had dropped to ‘seriously littered’ in last year’s finale.They said Letterkenny Leisure Centre was in pristine condition, almost all of the approach roads got the top litter grade and Town Centre was very good, especially considering there were road works taking place at time of litter survey.Dunnes Stores on Oldtown Road was Grade B and the level of litter was such that it could easily deteriorate to a Grade C.IBAL is inviting citizens to submit photos of litter black spots in Donegal as part of a “litter twitter” campaign to alert local authorities to litter-ridden areas. Facebook Twitter Facebook Letterkenny improves in latest IBAL study NPHET ‘positive’ on easing restrictions – Donnelly Twitter WhatsApp By News Highland – January 10, 2011 WhatsApp Pinterestcenter_img Previous articleCoughlan and O’Domhnaill both selected by FF in Donegal SWNext articleDonegal delegation to meet NRA on roads projects and salt shortages News Highland Pinterest RELATED ARTICLESMORE FROM AUTHOR Calls for maternity restrictions to be lifted at LUH Newsx Adverts Google+ Guidelines for reopening of hospitality sector published Three factors driving Donegal housing market – Robinson LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Almost 10,000 appointments cancelled in Saolta Hospital Group this weeklast_img read more

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Fears Letterkenny General’s Gynecological ward may close

first_img Pinterest LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton A Donegal Deputy has expressed deep concern that drastic cuts to frontline health services in Donegal are being secretly planned to tackle the budget crisis in the health service.The HSE overspend was €280m at the end of May and is expected to hit over €500m at the end of year.Deputy Charlie McConalogue says the Government is now planning to rein in all of this overspend over the four months left in the year.Meanwhile there is speculation that Letterkenny General Hospital’s Gynecological ward could be shut down in order to free up staff for the hospital’s new medical block.Today is statement the HSE said it is currently exploring options to allow it to redeploy resources in order to open the new Medical Block at Letterkenny General Hospital.These discussions are ongoing at the moment, and we will be happy to come back to you when we have finalised a more defined plan. Facebook By News Highland – August 17, 2012 Google+ Twitter Need for issues with Mica redress scheme to be addressed raised in Seanad also RELATED ARTICLESMORE FROM AUTHOR Almost 10,000 appointments cancelled in Saolta Hospital Group this week Google+ Twittercenter_img WhatsApp Guidelines for reopening of hospitality sector published WhatsApp News Pinterest Calls for maternity restrictions to be lifted at LUH Facebook Business Matters Ep 45 – Boyd Robinson, Annette Houston & Michael Margey Previous articleStrabane teenager’s death in 1976 to be re-examined by policeNext articleCouncillor: Cross border gang stealing metals in Derry and Donegal News Highland Fears Letterkenny General’s Gynecological ward may closelast_img read more

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Public consultation workshop to discuss future of Donegal policing

first_img Twitter Public consultation workshop to discuss future of Donegal policing Facebook RELATED ARTICLESMORE FROM AUTHOR WhatsApp By News Highland – November 12, 2012 Twitter WhatsApp News Facebook LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Previous articleEIB loan will see Coláiste Ailigh new school progressNext articleHundreds of extra student places confirmed for Magee Campus News Highland center_img The public is being encouraged to attend a consultation workshop on policing in Donegal to raise issues affecting their lives and communities and to give their ideas on how these issues could be addressed.The workshop, hosted by the Donegal County Joint Policing Committee, takes place next Monday in Stranorlar Training Centre between 7.30pm – 9pm.Cllr. Patrick McGowan is Chair of the Donegal County Joint Policing Committee – he says next Monday’s workshop will allow people the chance to influence change:[podcast]http://www.highlandradio.com/wp-content/uploads/2012/11/patmc10POLICING.mp3[/podcast] Business Matters Ep 45 – Boyd Robinson, Annette Houston & Michael Margey Guidelines for reopening of hospitality sector published Almost 10,000 appointments cancelled in Saolta Hospital Group this week Pinterest Calls for maternity restrictions to be lifted at LUH Google+ Pinterest Google+ Need for issues with Mica redress scheme to be addressed raised in Seanad alsolast_img read more

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Delaying Fiscal Treaty referendum would make ratification more likely – Harkin

first_img Guidelines for reopening of hospitality sector published RELATED ARTICLESMORE FROM AUTHOR Almost 10,000 appointments cancelled in Saolta Hospital Group this week Delaying Fiscal Treaty referendum would make ratification more likely – Harkin Minister McConalogue says he is working to improve fishing quota By News Highland – May 11, 2012 Pinterest Calls for maternity restrictions to be lifted at LUH Twitter Facebook North West MEP Marian Harkin says she believes if the referendum on the Fiscal Treaty is postponed, the government will have a better chance of getting it passed.Ms Harkin called for the postponement in light of the recent change of president in France, and in particular the decision by the German Bundestag to defer its own ratification of the Treaty.Describing herself as a reluctant Yes voter, Marion Harkin says she believes any changes that may be made as a result of the French and German debates will be for the better and may make the treaty more palatable for people in Ireland………[podcast]http://www.highlandradio.com/wp-content/uploads/2012/05/mhark1pm.mp3[/podcast] WhatsAppcenter_img Facebook Google+ Pinterest LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton WhatsApp Google+ Need for issues with Mica redress scheme to be addressed raised in Seanad also Newsx Adverts Twitter Previous articleRiver Links project to strengthen links between Donegal and TyroneNext articleDonegal’s Gum Litter Awareness campaign launched News Highland last_img read more

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Man arrested following significant cannabis seizure in Donegal

first_img Previous articleCliff Richard Sex abuse allegation ‘completely false’Next articleMan rushed to hospital following Carrigans crash News Highland Man arrested following significant cannabis seizure in Donegal Pinterest Guidelines for reopening of hospitality sector published By News Highland – September 5, 2014 Facebook Need for issues with Mica redress scheme to be addressed raised in Seanad also WhatsApp Google+ Calls for maternity restrictions to be lifted at LUH Twitter Minister McConalogue says he is working to improve fishing quotacenter_img Pinterest Almost 10,000 appointments cancelled in Saolta Hospital Group this week 321 cannabis plants – worth around 128 thousand euro – have been seized by Gardai in Donegal.They were found when Gardai searched a house at Magherawarden in Portsalon yesterday.A 28 year old man was arrested at the scene and brought to Letterkenny Garda Station for questioning.Inspector John O’Toole has been speaking about the operation…..Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2014/09/portsalondope.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. News Facebook Twitter WhatsApp LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton RELATED ARTICLESMORE FROM AUTHOR Google+last_img read more

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Young people urged to be extra careful following reports of Derry rape

first_imgNewsx Adverts Pinterest Twitter Facebook Young people urged to be extra careful following reports of Derry rape Facebook PSNI and Gardai urged to investigate Adams’ claims he sheltered on-the-run suspect in Donegal Young people are being encouraged to move in pairs following reports that a teenage girl has been raped by a man wearing a Halloween mask in Derry.The attack happened in Edenmore Street near the Northland Road shortly before 1am yesterday morning.Police say the man wore a Scream-type mask with blood over the face and was dressed in black.Local Councillor John Boyle has condemned the attack and urged young people to be careful when on nights out.He says as the attack occurred within the university area, young people in particular should be extra vigilant:[podcast]http://www.highlandradio.com/wp-content/uploads/2011/11/boylerape1pm.mp3[/podcast] Google+ Previous articleCouncillor launches scathing attack on local mediaNext articleGardai rule out foul play after a man’s body is discovered in Dungloe News Highland Watch: The Nine Til Noon Show LIVE WhatsAppcenter_img By News Highland – November 2, 2011 Google+ WhatsApp Pinterest HSE warns of ‘widespread cancellations’ of appointments next week Twitter Man arrested in Derry on suspicion of drugs and criminal property offences released RELATED ARTICLESMORE FROM AUTHOR Dail to vote later on extending emergency Covid powers Dail hears questions over design, funding and operation of Mica redress scheme last_img read more

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Foyle MLA says funding hasn’t been delivered for Derry City of Culture legacy

first_img Pinterest Gardai continue to investigate Kilmacrennan fire Google+ Facebook Foyle MLA says funding hasn’t been delivered for Derry City of Culture legacy 75 positive cases of Covid confirmed in North By News Highland – September 3, 2014 Pinterest RELATED ARTICLESMORE FROM AUTHOR WhatsApp WhatsApp Google+center_img Facebook Further drop in people receiving PUP in Donegal Man arrested on suspicion of drugs and criminal property offences in Derry 365 additional cases of Covid-19 in Republic SDLP Derry MLA Colum Eastwood has criticised Northern Irelands Culture Minister for what he described as a “failure to deliver on key promises for Derry’s City of Culture legacy.”Mr Eastwood made the comments following the revelation that no money has been allocated to the Minister’s department to strengthen the legacy of Derry’s year as City of Culture.The department was refused an application for £5.6m in June.The Foyle MLA says Caral Ní Chuilín has failed to secure funding to deliver on her pledges:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2014/09/colme1pm.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. News Main Evening News, Sport and Obituaries Tuesday May 25th Twitter Twitter Previous articleClassroom sizes in Donegal among the highest in the EUNext articleAction group call on Council to explain were funding for Cockhill footbridge went News Highland last_img read more

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Agriculture Minister urged to process weather related payments as fast as possible

first_img Google+ Agriculture Minister urged to process weather related payments as fast as possible 365 additional cases of Covid-19 in Republic WhatsApp Pinterest The IFA is urging the Agriculture Minister to process environmental and weather related payments to farmers as quickly as possible.The association’s Donegal Chair PJ Mc Monagle says the extreme weather since the start of the year, coupled with the start of the lambing and calving season, is making conditions for farm families around the country very difficult.He says the saturated land means that all livestock have to be housed for some time yet, and there is an inevitable increase in workload and costs as a result.PJ Mc Monagle says while other parts of the country have had a more difficult time than Donegal, there are significant pressures on farmers here………….[podcast]http://www.highlandradio.com/wp-content/uploads/2014/02/pjifasat.mp3[/podcast] WhatsApp By News Highland – February 15, 2014 Facebook Facebook Twitter 75 positive cases of Covid confirmed in North center_img Gardai continue to investigate Kilmacrennan fire Pinterest Previous articleCllr Peter Mc Laughlin added to the FG ticket in InishowenNext articlePeople urged to exercise caution after drain blockages in Galliagh News Highland RELATED ARTICLESMORE FROM AUTHOR Twitter Google+ Main Evening News, Sport and Obituaries Tuesday May 25th News Man arrested on suspicion of drugs and criminal property offences in Derry Further drop in people receiving PUP in Donegal last_img read more

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Finn Harps in real danger of going bust

first_img RELATED ARTICLESMORE FROM AUTHOR Twitter Gardai continue to investigate Kilmacrennan fire Newsx Adverts Finn Harps in real danger of going bust Facebook Pinterest Twitter A meeting was last night told that Finn Harps will go out of business if €48,000 is not raised before December 21st.That message was delivered to club’s shareholders who gathered in Ballybofey last night.The club’s outstanding debts of almost €50,000 that must be met by the December deadline for the club’s application for a licence for the 2012 season to be processed.Speaking to Chris McNulty of the Donegal News  after the meeting, Club Chairman Joey O’Leary said the future of the club can be secured if enough support is forthcoming:[podcast]http://www.highlandradio.com/wp-content/uploads/2011/11/harps1pm.mp3[/podcast] Pinterest Man arrested on suspicion of drugs and criminal property offences in Derry Google+center_img Google+ WhatsApp Previous articleMcElhinney’s named ‘Store of the Year’Next articleBishop Seamus Hegarty confirms he is to step down for ‘health reasons’ News Highland By News Highland – November 7, 2011 Further drop in people receiving PUP in Donegal WhatsApp Main Evening News, Sport and Obituaries Tuesday May 25th Facebook 75 positive cases of Covid confirmed in North 365 additional cases of Covid-19 in Republic last_img read more

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FF seek to address “discrimination” in Tenant Purchase Scheme

first_img Further drop in people receiving PUP in Donegal FF seek to address “discrimination” in Tenant Purchase Scheme Facebook 75 positive cases of Covid confirmed in North WhatsApp Pinterest Homepage BannerNews By admin – July 20, 2016 Google+ Pinterest RELATED ARTICLESMORE FROM AUTHOR Google+center_img People who live on private estates, but rent from their local council – may soon be able to buy their property as a discounted rate.Later today Fianna Fail will bring a bill before the Dail which they say corrects an anomaly for local authority tenants. It’s an issue that’s been raised on a number of occasions in the Donegal County Council chamber.;Those living on council estates already have the right to buy back their rented property, Donegal TD Charlie Mc Conalogue believes it’s only fair council tenants on private estates have the same chance………….Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2016/07/charli1pm.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Facebook Main Evening News, Sport and Obituaries Tuesday May 25th Twitter Man arrested on suspicion of drugs and criminal property offences in Derry 365 additional cases of Covid-19 in Republic Gardai continue to investigate Kilmacrennan fire WhatsApp Previous articleGovernment must act speedily on Child Medical Card commitment – CopeNext articleSecurity alert ongoing in Strabane admin Twitterlast_img read more

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Crawford calls for housing grant review

first_img Crawford calls for housing grant review Twitter Previous articleBloody Sunday relative says legal action should follow Saville reportNext articleDonegal County Council to seek funding for A5 linkages News Highland RELATED ARTICLESMORE FROM AUTHOR Pinterest 75 positive cases of Covid confirmed in North By News Highland – June 1, 2010 Google+ Facebook 365 additional cases of Covid-19 in Republic Twitter Gardai continue to investigate Kilmacrennan firecenter_img Google+ Facebook Pinterest WhatsApp Further drop in people receiving PUP in Donegal WhatsApp Main Evening News, Sport and Obituaries Tuesday May 25th Man arrested on suspicion of drugs and criminal property offences in Derry Newsx Adverts Donegal County Council has been urged to review the process for awarding housing adaption grants, after claims that people who are most needing are being refused.The issue was raised by Councillor Gerry Crawford, who along with other members, recounted stories of people with serious illnesses or disabilities, but were unable to secure a grant.In one case, it was ruled that a visually impaired person did not qualify.Councillor Crawford says the system needs to be reviewed……….[podcast]http://www.highlandradio.com/wp-content/uploads/2010/06/000gerry830.mp3[/podcast]last_img read more

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IMO boss rejects McNeice pay claims

first_imgNews Google+ Further drop in people receiving PUP in Donegal WhatsApp Pinterest 75 positive cases of Covid confirmed in North By News Highland – April 4, 2013 365 additional cases of Covid-19 in Republic The President of the Irish Medical Organisation says he “utterly rejects” that details of George McNeice’s pay deal was widely known in the IMO.Dr Paul McKeown is accusing the organisation’s former Chief Executive of trying to “rewrite history” – by claiming his pension was not a secret.An independent inquiry is to be carried out to determine how the contract – allowing for a package of almost 10 million euro – was agreed.The IMO President says he was shocked at the “excessive” retirement deal – and “disgusted” by Dr McNeice’s attempts to justify the arrangements.Paul McKeown – speaking at the opening of the IMO annual conference in Killarney in Co Kerry – says everybody was not aware of the pay package: Main Evening News, Sport and Obituaries Tuesday May 25th Twitter RELATED ARTICLESMORE FROM AUTHORcenter_img WhatsApp Facebook Facebook Pinterest Google+ IMO boss rejects McNeice pay claims Previous articleECB leaves interest rates unchangedNext articleLetterkenny Court records one of the highest levels of Child Care Orders soughy by the HSE News Highland Man arrested on suspicion of drugs and criminal property offences in Derry Twitter Gardai continue to investigate Kilmacrennan firelast_img read more

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ICSA calls for rethink on proposed new commonage rules

first_img Google+ Man arrested on suspicion of drugs and criminal property offences in Derry By News Highland – November 16, 2012 Facebook News Google+ 365 additional cases of Covid-19 in Republic ICSA calls for rethink on proposed new commonage rules 75 positive cases of Covid confirmed in North Facebook WhatsApp Further drop in people receiving PUP in Donegal center_img Main Evening News, Sport and Obituaries Tuesday May 25th Twitter WhatsApp Pinterest Twitter RELATED ARTICLESMORE FROM AUTHOR The Irish Cattle and Sheep Farmers’ Association is calling for a complete re-think on proposed new rules for commonages.The ICSA says there are over 1,300 commanages in Donegal, almost a quarter of all the commanages in the country.ICSA president Gabriel Gilmartin has welcomed the news that the Minister for Agriculture has delayed sending out letters calling on shareholders to decide on minimum and maximum number of sheep, saying that would have been confusing.He says the issue must be revisited, and potential problems addressed…………[podcast]http://www.highlandradio.com/wp-content/uploads/2012/11/common.mp3[/podcast] Previous articleBuncrana Town Council to press case for CCTVNext article31 people on trolleys at Letterkenny and Sligo General Hospitals News Highland Pinterest Gardai continue to investigate Kilmacrennan firelast_img read more

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Charity seeks volunteers to sleep rough in Letterkenny

first_img 365 additional cases of Covid-19 in Republic WhatsApp Google+ 75 positive cases of Covid confirmed in North Previous articleMc Conalogue worried by rise in burglaries in Northern Garda RegionNext articleGAA – Donegal Dominate All Star Nominations News Highland News By News Highland – October 3, 2012 Man arrested on suspicion of drugs and criminal property offences in Derry Further drop in people receiving PUP in Donegal Pinterest Charity seeks volunteers to sleep rough in Letterkenny A charity that assists the homeless is looking for 25 volunteers – to sleep rough in Letterkenny.The North West Simon community is looking for people aged over 18 to participate in its annual charity ‘Street Sleep’ in the town this Friday.Last year’s event proved a huge success with volunteers braving the elements to spend the night out in the Market Square – with just sleeping bags and cardboard boxes used for mattresses.The event – which will start at 10 pm and continue overnight – is being run in conjunction with Simon Week which is taking place this week.Clare McTeirnan is the CEO of the Northwest Simon Community, she is urging people to take part in the street sleep on Friday night…[podcast]http://www.highlandradio.com/wp-content/uploads/2012/10/clare830.mp3[/podcast]center_img Twitter Facebook RELATED ARTICLESMORE FROM AUTHOR Facebook WhatsApp Google+ Main Evening News, Sport and Obituaries Tuesday May 25th Pinterest Twitter Gardai continue to investigate Kilmacrennan firelast_img read more

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Insurer Liable To Pay Third Party And Recover From Insured Even In Case Of Breach Of Condition Under Act Policy and Contractual Policy: Karnataka HC [Read Judgment]

first_imgNews UpdatesInsurer Liable To Pay Third Party And Recover From Insured Even In Case Of Breach Of Condition Under Act Policy and Contractual Policy: Karnataka HC [Read Judgment] Mehal Jain19 May 2020 11:44 PMShare This – xThe Karnataka High Court last week held that under the Motor Vehicles Act, 1988, the insurer is liable to pay the third party and recover from the insured even if there is breach of any condition both under the Act policy and the contractual policy, unless fraud or collusion is established. The Full Bench of the High Court was considering the following questions referred to by a…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Karnataka High Court last week held that under the Motor Vehicles Act, 1988, the insurer is liable to pay the third party and recover from the insured even if there is breach of any condition both under the Act policy and the contractual policy, unless fraud or collusion is established. The Full Bench of the High Court was considering the following questions referred to by a Single Judge- 1. If it is shown the insurance policy is not ‘Act’ policy in terms of Sections 145 and 147 of the Motor Vehicles Act, but a contractual policy issued collecting extra premium indicating insurance company has enlarged its liability, will not the insurance company be liable to pay and recover even if there is any breach by the insurer? 2. In such cases, is not the rule to ‘pay and recover’ applicable in view of the mandate in Section 149, M.V.Act that upon issuance of policy, the insurer is bound to discharge the award as if it were a judgment debtor? Section 147 provides that a policy of insurance must be a policy which— (a) is issued by a person who is an authorised insurer; and (b) insures the person or classes of persons specified in the policy to the extent of the amount of liability incurred, or in respect of damage to any property of a third party, a limit of rupees six thousand:(i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person, including owner of the goods or his authorised representative carried in the vehicle or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place;(ii) against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of the vehicle in a public place. Section 149 imposes the Duty on Insurers to satisfy judgments and awards against persons insured in respect of third party risk. Sub-section (1) of the provision stipulates that If, after a certificate of Insurance has been issued in favour of the person by whom a policy has been effected, judgment or award in respect of any such liability as is required to be covered by a policy is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel the policy, the insurer shall pay to the person entitled to the benefit of the decree any sum assured payable thereunder, as if he were the judgment debtor, in respect of the liability. The bench noted that Section 149 (2) of the Act provides the grounds or defences, on the basis of which the insurer can defend the action; can avoid the liability under the Act. They are stated in sub-section (2)(a) of Section 149 of the Act: the first is a condition excluding the use of the vehicle (i) for hire or reward, where the vehicle is, on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or (ii) for organised racing and speed testing, or (iii) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or (iv) without side-car being attached where the vehicle is a motor cycle; or a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion. Sub-section (2)(b) speaks of the situation where the policy is void on the ground that it was obtained by the non- disclosure of a material fact or by a representation of fact which was false in some material particular. Sub-section (4) asserts that so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any condition other than those in clause (b) of sub-section (2) shall be of no effect. The High Court appreciated that Sub-section (7) makes it clear that the Insurance Company which has been given notice of award will not be entitled to avoid its liability, except on the aforesaid grounds. Observations of the Court The three-judge bench arrived at the following conclusions- 1. Having regard to Section 149(1) r/w Section 149(7) whenever a case falls under Section 149(2)(a) and the same is successfully established or proved by the Insurance Company, as per the twin tests laid by the Supreme Court in National Insurance Co. Ltd. v. Swaran Singh, nevertheless, the insurer or Insurance Company is liable to satisfy the award vis-à-vis a third party and is entitled to recover from the insured. This is irrespective of, the policy being an Act policy in terms of Section 147 pertaining to compulsory coverage of risks of third parties and other classes of persons stated therein or a policy covering other risks by specific contract being entered into in that regard and where additional premium is paid by the insured i.e., a contractual policy. “Even where the insurer is able to prove breach on the part of the insured concerning the policy condition regarding holding of a valid licence by the driver or his qualification to drive during the relevant period, the insurer would not be allowed to avoid its liability towards insured unless the said breach or breaches on the condition of driving licence is/ are so fundamental as are found to have contributed to the cause of the accident”, the Apex Court had laid down in Swaran Singh. 2. The Insurer is liable to pay the third party and recover from the insured even if there is breach of any condition recognized under Section 149 (2), even if it is a fundamental breach (that is breach of condition which is the cause for the accident) and the insurer proves the said breach in view of the mandate under Section 149(1) of the Act. But, no such order can be passed against the insurer, if, on the facts and circumstances of a case, a finding is given by the court that the third party (injured or deceased) had played any fraud or was in collusion with the insured, individually or collectively, for a wrongful gain to themselves or cause wrongful loss to the insurer. 3. The Court can also fasten the absolute liability on the insurer, if there is any breach of condition which is enumerated under Section 149(2) of the Act or any other condition of the policy if the Insurance Company has waived breach of any such condition or has taken the special responsibility to pay by collecting extra premium by covering any type of risk depending upon facts of each case. 4. Thus, the rule of pay and recover is applicable in view of the mandate in Section 149(4) of the Act and even if there is a breach of the terms of the insurance policy, the insurer is bound to satisfy the judgment and award as if it were a judgment debtor, even if it satisfies the twin tests enunciated by the Hon’ble Supreme Court under Section 149(4)(a) of the Act. 5. Before passing any order on the Insurance Company to pay and recover, the Court has to examine the facts and circumstances of each case and if it finds that the victim, injured or the deceased, in a particular case, was solely or jointly responsible for breach of such fundamental condition by playing fraud or in collusion with the insured, the Court may exercise its discretion not to fasten the liability on the insurer. 6. However, the court should not adopt the above guideline as a general rule in all cases, but only under peculiar facts and circumstances of each case and on giving appropriate reasons. 7. If the Insurance Company makes out a case under Section 149(2)(b) of the Act, then also the Insurance Company has to satisfy the award so far as third party is concerned, as it is the duty of the Insurance Company to indemnify the insured on the basis of the policy of the insurance and even when the contract of insurance itself is void, nevertheless the liability to indemnify the insured would arise and insurer is entitled to recover from the insured. 8. Thus, in a case where Section 149(2)(b) applies and the Insurance Company successfully establishes that the policy is void, in such a case also, the insurer is not absolved of its liability to satisfy the judgment or award as rights or obligations would flow even from a policy which is void vis-à-vis third party. In such a case, the insurer is not completely absolved of its liability, the insured would have to satisfy the award vis-à-vis the third party and recover from the insured the amount paid to the third party and may also have a right to seek damages from the insured. 9. The judgment of the Division Bench of this Court in Subramanyam, holding that a pay and recovery order cannot be made as there is no liability to pay or satisfy the award or decree in respect of a case falling under Section 149(2) is not correct. Hence, that portion of the judgment in Subramanyam, which states that if the case falls within the scope of Section 149(2) of the Act and the insurer is successful in establishing any of the defences as stated therein, it would be completely absolved of its liability to satisfy the award is also not correct and to that extent, it is held to be bad in law.Click Here To Download Judgment[Read Judgment]Next Storylast_img read more

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Jamia Violence: Delhi HC Directs Centre To File Replies Within 2 Days To Petitions Seeking Independent Probe

first_imgNews UpdatesJamia Violence: Delhi HC Directs Centre To File Replies Within 2 Days To Petitions Seeking Independent Probe Karan Tripathi12 July 2020 11:54 PMShare This – xThe Delhi High Court on Monday directed the Central Government to file its reply to all the petitions concerning Jamia violence within 2 days. The Division Bench of Chief Justice DN Patel and Justice Prateek Jalan further directed the Centre to stick to the said timeline otherwise the court will pass a strict order. In addition to this, the court has directed the Petitioners to file…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Delhi High Court on Monday directed the Central Government to file its reply to all the petitions concerning Jamia violence within 2 days. The Division Bench of Chief Justice DN Patel and Justice Prateek Jalan further directed the Centre to stick to the said timeline otherwise the court will pass a strict order. In addition to this, the court has directed the Petitioners to file their rejoinders within 4 days of receiving the reply from Centre. All the parties are directed to circulate the consolidated list of issues among themselves. The present order has come in a batch of petitions seeking independent judicial enquiry into the alleged acts of police brutality that took place inside the campus of Jamia Millia University last December. The Petitioners have argued that the Delhi Police entered the University campus without prior permission and allegedly violence both against the protesting students but also students sitting in the library and mosque. In addition to independent enquiry, these petitions also demand compensation for students who suffered serious injuries during the violence. In its affidavit, Delhi Police had submitted that the police used proportionate force to stop an alleged mob of unlawful assembly, the Deputy Commissioner of Delhi Police states that is not only the right but an obligation and a duty of the police to enter any such areas, when circumstances and situation legitimately demand such an action on part of the police to maintain law and order and to ensure protection of life, limb and property of innocent citizens and general public. While highlighting that no coercive action has been taken against any of the innocent students studying in Jamia, the affidavit had also submitted that with a view to tackle the alleged riotous situation which was going out of hand, the police authorities had to take adequate measures like use of tear gas shelling and lathi charge. The use of the aforesaid was minimalistic considering the gravity of the situation. The case pertains to violence that broke out at the campus of Jamia Millia Islamia University last December. While the police claims that the force used was proportionate to the violence committed by the mob, there are many students who are severely injured and are seeking registering of FIRs against the erring officials as well as compensation for their injuries. The court will next take up the matter on July 21. Next Storylast_img read more

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Nomination Under Companies Act, 2013: Critical Analysis Of Supreme Court Judgment In Oswal Case

first_imgColumnsNomination Under Companies Act, 2013: Critical Analysis Of Supreme Court Judgment In Oswal Case P. Nagesh & Akshay Sharma18 July 2020 7:27 AMShare This – xOn 06.07.2020 Supreme Court in the case of Arun Oswal Vs. Pankaj Oswal & Ors (Oswal case) , held that the dispute as to the inheritance of shares cannot be decided in a proceeding under Section 241-242 of the Companies Act, 2013 (Companies Act). Supreme Court was also seized of the question as to whether the rights of a nominee of shares & securities under Section 72 of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginOn 06.07.2020 Supreme Court in the case of Arun Oswal Vs. Pankaj Oswal & Ors (Oswal case) , held that the dispute as to the inheritance of shares cannot be decided in a proceeding under Section 241-242 of the Companies Act, 2013 (Companies Act). Supreme Court was also seized of the question as to whether the rights of a nominee of shares & securities under Section 72 of Companies Act is similar or different to the rights of a nominee under the Life Insurance Act 1938, Banking Regulation Act, 1949 and Government Savings Certificate Act, 1959 etc. Factual Matrix The case revolves around the family dispute of the Oswal empire wherein the deceased Mr. Abhay Kumar Oswal during his life time filed a nomination under Section 72 of the Companies Act for the 36% shareholding in the Oswal group in favour of his wife Mrs Aruna Oswal. At the same time, Pankaj Oswal son of late Abhay Kumar Oswal filed a partition suit claiming 1/4th estate and also filed an oppression and mismanagement petition before the National Company Law Tribunal (NCLT). NCLT dismissed the maintainability objection raised by Ms. Aruna Oswal that Mr Abhay Oswal does not have the minimum threshold of 10% shareholding prescribed under Section 244(1) to file the Petition. The objection was rejected by the NCLT holding that Mr Pankaj Oswal being the legal representative of Late Abhay Kumar Oswal, is entitled to 1/4th shares and in terms of the Judgement of Worldwide Agencies Pvt. Ltd. Margarat T Desor which allowed the legal representative the right to maintain a Petition under Section 397 & 398 of the Companies Act, 1956 (corresponding to Section 241 & 242 of the Companies Act, 2013) the Petition filed by Pankaj Oswal is maintainable . The decision was further affirmed by the National Company Appellate Tribunal (NCLAT). In the Statutory Appeal, the question before the Hon’ble Supreme Court was whether the rights under Section 72 of the Companies Act, 2013 vested all the rights in the shares held by Late Mr. Abhay Kumar Oswal in favour of Mrs. Aruna Oswal. Statutory Provisions & Interpretation The whole controversy of the case revolved around the interpretation of the Section 72 of the act which read as follows; 72. Power to nominate (1) Every holder of securities of a company may, at any time, nominate, in the prescribed manner, any person to whom his securities shall vest in the event of his death. (2) Where the securities of a company are held by more than one person jointly, the joint holders may together nominate, in the prescribed manner, any person to whom all the rights in the securities shall vest in the event of death of all the joint holders. (3) Notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of the securities of a company, where a nomination made in the prescribed manner purports to confer on any person the right to vest the securities of the company, the nominee shall, on the death of the holder of securities or, as the case may be, on the death of the joint holders, become entitled to all the rights in the securities, of the holder or, as the case may be, of all the joint holders, in relation to such securities, to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner. (4) Where the nominee is a minor, it shall be lawful for the holder of the securities, making the nomination to appoint, in the prescribed manner, any person to become entitled to the securities of the company, in the event of the death of the nominee during his minority. (emphasis supplied by the Court) The Supreme Court interpreting the above-mentioned section came to a conclusion that words used are “securities shall vest” in the event of death of the holder. Supreme Court also took the benefit of the non- obstante clause of sub Section 3 of Section 72 and held that the “…It is prima facie apparent that vesting is absolute, and the provisions supersede by virtue of a non­obstante clause by stating “any other law for the time being in force”. Prima facie shares vest in a nominee, and he becomes absolute owner of the securities on the strength of nomination…” (Para 15) However, surprisingly the Supreme Court in para 20 of the judgment held that the question as whether absolute right, title, and interest vested in the nominee or not, is to be finally determined by the civil court and the same cannot be decided in the petition filed under Section 241-242 of the Companies Act, 2013. Also, Supreme Court while distinguishing the case of Vishin N. Khanchandani V. Vidya Lachmandas Khanchandani, held that the non-obstante clause of Section 6 of the Government Savings Certificate Act, 1959 doesn’t vest the shares and therefore cannot be applicable to the Section 72 of the companies act. Furthermore, while distinguishing the case of Ram Chander Talwar V. Devender Kumar Talwar Supreme Court held that Section 45-ZA (2) of the Banking Regulation Act, 1949 does not vest the shares in nominee and therefore would not be applicable to the instant case. Therefore, Supreme Court came to a prima face view that unlike Section 72 of the Companies Act, 2013 which has a vesting right in the nominee in the event of death of the deceased shareholder, there was no similar vesting of the rights in the case of a nominee under the Life Insurance Act, 1938, Government Saving Certificate Act 1959 and Banking Regulation Act, 1949. From the forgoing reason given by the Supreme Court in the Oswal case, one can conclude that unless there is vesting of a right in a nominee, the rights of a nominee are only limited to act as a custodian or a trustee till such time the legal heirs obtain a succession certificate enabling the nominee to transfer the amount received either under the LIC Policies or the Bank Account or the Government Saving Scheme in favour of the rightful legal heirs. Once the vesting of right title and interest in securities is complete under Section 72 of the Companies Act, as held by the Supreme Court can the very same Court say that its view is a prima facie view? How can a civil suit decide the right title and interest in the securities when the title is already vested in a nominee under Section 72 of the Companies Act, 2013 as per the prima facie view of the Supreme Court? Supreme Court having come to such a conclusion in respect of Section 72 of the Companies Act, can it leave the issue to be finally determined by a civil court? Unfortunately, in the judgement, Supreme Court has asked the civil court to examine the rights of a nominee to be adjudicated including the effect of a nomination. If Section 72 of the Companies Act is clear in so far as the vesting of the right is concerned in favour of a nominee, how can a civil suit decide whether the rights of a nominee of shares & securities is an absolute right or not. Can the civil suit hold that the legal heirs are entitled to the shares despite vesting of the rights in favour of a nominee under Section 72 of the Companies Act. In the case in hand even though the Supreme Court was not examining the rights of the Legal representatives to file a Petition under section 241 and 242 of the Companies Act but was examining the question of nomination under section 72 of the Companies Act it has set aside both the judgments of the NCLT and NCLAT and directed the proceedings to be dropped till the civil court determines the question of nomination under section 72 of the Companies Act 2013. Having noted the difference of the right of a nominee under various Acts with that of the Companies Act and having noted the specific vesting of the right under the Companies Act in Section 72, in our humble view, the Supreme Court ought not to have left the question to the civil court to decide the issue of nomination merely on the ground that the suit for partition has been filed by the legal heirs of Late Mr. Abhay Kumar Oswal. Even if the Supreme Court has came to prima facie view that the vesting is absolute, it should have added a caveat that the civil court shall not be influenced by such interpretation as done in the case of A.V. Murthy v. B.S. Nagabasavanna, wherein the court held that; “If the amount borrowed by the respondent is shown in the balance sheet, it may amount to acknowledgment and the creditor might have a fresh period of limitation from the date on which the acknowledgment was made. However, we do not express any final opinion on all these aspects, as these are matters to be agitated before the Magistrate by way of defence of the respondent.” Hon’ble Supreme Court ought to have considered section 430 of the Companies Act 2013 which states that civil court does not have jurisdiction to entertain any suit or proceeding in respect of any matter which the NCLT is empowered to determine. The issue of nomination under section 72 of the Companies Act 2013 therefore should have been ideally left to be decided by the NCLT and not the civil court. Conclusion Also, it is pertinent to mention that can one say the above decision is in rem to be binding on all the Companies and Legal heirs? Is there any legal issue determined by the Supreme Court in regard to the nomination under section 72 of the Companies Act? Unfortunately, our reading of the judgment says that the above judgment does not spell out the ratio decidendi? We are fortified of our views because of the judgment of the Hon’ble Supreme Court in the case of Shyama Rao Vs. Union Territory of Pondicherry which said “it is right to say that a decision is binding not because of its conclusion but in regard to ratio and principle laid down therein.” Applying the above principle, can it be said that the Hon’ble Supreme Court has laid down the ratio decidendi which led to the judgment in the Oswal case and therefore the ratio decidendi is also binding on all the stakeholders. But if the ratio decidendi is not clear where does one look into? Should one await the judgement of the civil court to be finally approved or disapproved by the Supreme Court? What is the ratio that one can look into from the judgement? Having gone to the extent of examining the differences in the scope of nomination under various Acts, the Supreme Court should not have fallen short of coming to a clear and conclusive decision on the scope of nomination under Section 72 of the Companies Act. In re Harper v. N.C.B.(C.A.) Lord Denning referred with approval to the observations of Lord Dunedin in Mostyn and laid down the four following propositions: “The first proposition is : We can only accept a line of reasoning which supports the actual decision of the House of Lords. By no possibility can we accept any reasoning which would show the decision itself to be wrong. The second proposition is that, if we can discover the reasoning on which the majority based their decision, then we should accept that as binding upon us. The third proposition is that, if we can discover the reasoning on which the minority base their decision, we should reject it. It must be wrong because it led them to the wrong result. The fourth proposition is that, if we cannot discover the reasoning on which the majority based their decision, we are not bound by it. We are free to adopt any reasoning which appears to us to be correct, so long as it supports the actual decision of the House. In our humble view, The Supreme Court in the Oswal case did not authoritatively decide the issue of nomination under Section 72 of the companies act which it could have done otherwise.Views are personal only.(P. Nagesh, Delhi based Advocate & Akshay Sharma, Final year Law Student, National University of Study and Research in Law, Ranchi) Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Article 15(6) Is Only Enabling Provision: Kerala HC Dismisses PIL Seeking 10% EWS Quota In Higher Secondary Admissions [Read Order]

first_imgNews UpdatesArticle 15(6) Is Only Enabling Provision: Kerala HC Dismisses PIL Seeking 10% EWS Quota In Higher Secondary Admissions [Read Order] LIVELAW NEWS NETWORK13 Aug 2020 9:00 PMShare This – xArticle 15(6) is only an enabling provision, observed the High Court of Kerala while dismissing a PIL that sought direction to the state to earmark 10% quota for economically weaker section students, who apply for Higher Secondary course, for the year 2020- 21.However, the Kerala Government has, on Tuesday, reportedly issued an order reserving 10% of the total seats in various…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginArticle 15(6) is only an enabling provision, observed the High Court of Kerala while dismissing a PIL that sought direction to the state to earmark 10% quota for economically weaker section students, who apply for Higher Secondary course, for the year 2020- 21.However, the Kerala Government has, on Tuesday, reportedly issued an order reserving 10% of the total seats in various batches in government higher secondary and vocational higher secondary schools for students from the EWS in the unreserved category.While considering the Public Interest Litigation filed by Samastha Nair Samajam, the bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly noted that the clause (6) of Article 15 is only a provision, enabling the State Government for  making any special provision for the advancement of any economically weaker section other than mentioned in clauses (4) and (5). Referring to Ajit Singh and others v. State of Punjab and others [(1999) 7 SCC 209], the court observed that , since it is an enabling provision, a discretion is vested in the State to consider providing reservation if the circumstances mentioned in those articles so warranted. The bench said:”In State of Kerala, there is an Act called Kerala Education Act, 1958, which governs admissions and appointments in both, the Government and other recognized institutions..No special provision has been pointed out by the learned counsel for the petitioner providing reservation for economically weaker section in the society as per the 103rd Constitution amendment. As stated supra, Article 15(6) is only an enabling provision.”Holding that the petitioner association has not made out any prima facie case for ordering notice to the state, the bench dismissed the PIL, giving it liberty to file fresh writ petition, if there is substantive cause. Know The LawArticle 15(6) was introduced as per 103rd amendment to the Constitution of India. It reads as follows:””6) nothing in this article or sub clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the state from making:- a) any special provision for the advancement of any economically weaker section of citizen other than the class mentioned in clause (4) and (5) and b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clause (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the state, other than minority educational institutions referred in clause (1) of article 30,” Last week, the Supreme Court, referred a batch of writ petitions, challenging the 10% quota for Economically Weaker Sections (EWS), to a five-Judge bench. Click here to Read/Download JudgmentRead Judgment Next Storylast_img read more

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[Yatin Oza Contempt] “We Can Agree To Disagree, But Discourse Must Be Palatable; Even Lord Krishna Forgave only 100 Mistakes”: Justice Kaul

first_imgTop Stories[Yatin Oza Contempt] “We Can Agree To Disagree, But Discourse Must Be Palatable; Even Lord Krishna Forgave only 100 Mistakes”: Justice Kaul Mehal Jain13 Oct 2020 2:05 AMShare This – xOrally hinting that a reasonable settlement may be arrived at, the Supreme Court on Tuesday deferred to November 5 the hearing in the matter of Yatin Oza’s contempt.The bench of Justices S. K. Kaul and Dinesh Maheshwari heard the matter.Senior Advocate C. A. Sundaram, appearing for the GHCAA in the intervention application, advanced that “whenever a senior advocate is de-designated, it…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginOrally hinting that a reasonable settlement may be arrived at, the Supreme Court on Tuesday deferred to November 5 the hearing in the matter of Yatin Oza’s contempt.The bench of Justices S. K. Kaul and Dinesh Maheshwari heard the matter.Senior Advocate C. A. Sundaram, appearing for the GHCAA in the intervention application, advanced that “whenever a senior advocate is de-designated, it affects the bar at large and not just the one person. Every single person so designated or aspiring to be so designated is affected””Second is the issue of when public utterances outside the court can be said to be a reflection on the manner of judges’ functioning? Criticism of the judiciary- when can it be contempt? This impacts the bar at large…the judiciary itself functioning administratively may be open to a certain view”, he advanced, expressing a desire to be heard on these aspects..”This is a matter where everybody will jump on the bandwagon and then it will be an unending exercise. It has happened before the HC and before us too, where different viewpoints were expressed by different people…your application is before us. We’ll see…as of now, we are not inclined to pass any orders of dismissal or issue of notice…otherwise, there will be 101 different pieces, you are aware. The hearing will become impossible”, remarked Justice S. K. Kaul.”We have no desire to expand the matter. The GHCAA only says that should the matter enter into those aspects, it wants to be heard. It is the Association’s first endeavour to resolve the matter”, assured Mr. Sundaram.”If there are ‘x’ number of people who say that, then there will be ‘y’ number of people who think otherwise…there will be different views at the bar as to what should be done…he (Oza) not only commented on the system but also the jurisdiction of the court more than once. That is why the judges acted how they did…now how should the SC step aside these issues as judges?”, observed Justice Kaul.As Senior Advocate Arvind Datar, appearing for Oza, sought to be heard on merits, the bench remarked that at this stage it is only inclined to issue notice- “whatever sentence there is, it is itself arising out of the court…so there is no question of anything happening now”, remarked Justice Kaul, even as advocate Nikhil Goel pointed out that the High Court has itself suspended the sentence for 60 days.Next, Senior Advocate K V. Vishwanathan, appearing for the GHCAA in the writ petition, indicated the August 6 order of the top court- “Although Your Lordships said that the brief has been exceeded, the role of the petitioner was acknowledged…ultimately, he took up the Association’s cause which landed him in this””Your Lordships said it is not capable of resolution”, he pressed, urging that they be heard, assuring the bench that there would be no repetition. Justice Kaul assured that the matter is not that complex and that they are inclined to issue notice.Next, Senior Counsel Dushyant Dave appeared for his “parent HC association” advanced, “I state at the outset that one cannot find fault with the HC judgment. But considering that an unconditional apology has been tendered, I would only urge that the court find some solution””That is the endeavour, whether it began earlier or later…as a person who has been the CJ of two HCs, I can say it is difficult to get unanimity between two Courts…this is not just about debating the issue…this is not just a one-event issue but something troubled the court repeatedly….the bench emerges from the bar- at least 2/3rd of it does, the rest come from judicial services….this is an opportunity for both sides to see their functioning…we may be at fault too, the problem may be from the bar or from the bench…but normally, we can create a balance…”, noted the Judge.”I am getting complaints from AORs everyday that while their matters are not being listed, others’ are! Mr. Oza had intervened on that account!”, pressed Mr. Dave.”These are unusual times. They are difficult for everybody. Earlier, even holding a hearing was found to be difficult before this court. Now some systems, as in the Delhi HC, are being found better…we are all in the process of learning…world over people are learning…but in this unnatural environment, the patience of the people is running out, there are also mental health issues, what with people being confined…we can agree to disagree, but the discourse, the expression of a different view should be palatable, the language should be acceptable”, observed Justice Kaul.”I accept that he may have made mistakes in the past, but an unconditional apology means a lot! There can’t be a greater punishment than the humiliation he has undergone in the past few months! I request Your Lordships to please take a wider view of the matter!”, urged Mr. Dave.”Discourse in every field, not just the legal field, has become aggravating…people should learn from what has happened, so that views can be expressed in a palatable manner…there may be differences, but the judiciary and the bar work together…I have spent as many years on the bench as in the bar, but you don’t forget your years at the bar…we will work out something”, assured Justice Kaul.”I have immense faith in Your Lordships”, said Mr. Dave.”The man has learnt a lesson like never before, the man has been humiliated like never before! Irrespective of everything, he is not justifying anything and only wishes to put things in context…the issue is not of this side of the bar or that side of the bench, but of putting a man down in his place permanently! Your Lordships are aware of the extreme death penalty nature of the punishment”, began Senior Counsel A. M. Singhvi.”But the HC must have felt very strongly…”, remarked Justice Kaul.”And rightly so! But Your Lordships can take care of the larger interest, view the larger perspective…that is the difference between the SC and the HC”, pressed Dr. Singhvi.”Keeping that in mind, we hope to arrive at a settlement. but please set aside the shoes you adorn at the moment and see our perspective, as we are doing for you”, noted Justice Kaul.”De-designation has happened before. But for how long is a separate issue”, remarked the judge.”Then Your Lordship may treat the hearing as concluded. We leave it you to determine the larger interest of the bar and the bench”, said Mr. Dave.”We appreciate your faith but this will be a burden on us. We can sort things out together”, said Justice Kaul.”It is not in the interest of the institution to go in to the matter’, said Mr. Dave.”You are right. So give us a solution to the problem. Please accept your responsibility for your parent HC both on the side of the bar and the bench…We appreciate your stand. We appreciate all the senior counsel before us for seeing the right perspective in this situation, and not as us versus them”, remarked Justice Kaul.”I have an additional reason also…my father used to be on that bench”, added Mr. Dave.”I remember…So We have 5 eminent senior counsel before us…With your experience and ours too, we will be able to resolve this…with your assistance, we can arrive at a reasonable solution, protecting the dignity of the HC at the same time”, assured Justice Kaul.”Taking a cue from Your Lordships’ sentiments, the HC didn’t implement the sentence..it has been kept in abeyance”, pointed out Mr. Vishwanathan.Mr. Datar tried to make submission on Oza’ s comments as regards the registry’s functioning, reiterating that the court had just said these are difficult times.”HCs have a more closer-knit system, considering the bar and the bench are from the group…like I said, it is difficult to get unanimity between two courts…even after we expressed our sentiments, the HC went this far. So there has to be something more to what happened, and repeatedly so….The HC can’t be asked to get its system in order….Mr. Dave also said the boundary has been crossed too many times. We give credit to Mr. Dave to say that something has happened….””I, being the President of the Bar, cannot give too many suggestion as it will be self-incriminating….But may I say that both your Lordships, Justice Kaul and Justice Maheshwari command universal respect at the bar…as the President of the bar, I would like to express the admiration and the gratitude of the bar for your Lordships’ respect to the bar”, said Mr. Dave.Finally, the matter was adjourned to November 5.Next Storylast_img read more

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Matters Of Education Must Be Left To Educationists: SC Holds M.Ed Is A Postgraduate Degree [Read Judgment]

first_imgTop StoriesMatters Of Education Must Be Left To Educationists: SC Holds M.Ed Is A Postgraduate Degree [Read Judgment] LIVELAW NEWS NETWORK12 Oct 2020 11:19 PMShare This – xMatters of education must be left to educationists, observed the Supreme Court while setting aside an Allahabad High Court judgment which held that an M.Ed. qualified person could not be appointed to the post of Assistant Professor in Education.A three judge bench held that the M.Ed. degree is a postgraduate degree.Uttar Pradesh Higher Education Service Selection Commission…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginMatters of education must be left to educationists, observed the Supreme Court while setting aside an Allahabad High Court judgment which held that an M.Ed. qualified person could not be appointed to the post of Assistant Professor in Education.A three judge bench held that the M.Ed. degree is a postgraduate degree.Uttar Pradesh Higher Education Service Selection Commission invited applications for the post of Assistant Professors in various subjects, including ‘Education’. Later, the UPHESSC issued a corrigendum which clarified that M.Ed. Degree can be treated as an equivalent degree to M.A. (Education) for the purposes of appointment to the post of Assistant Professor. The High Court, allowing the writ petition filed by a few candidates, quashed the corrigendum and observed that while M.A. (Education) is a master’s degree in the subject concerned, M.Ed. is not so, as it is only a training qualification.In appeal, the bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari noted that M.Ed. qualifies itself as a master’s programme in Education and is even recognised by the UGC and NCTE as such. The Court said:”There is no doubt about the M.Ed. degree being a post graduate degree, in view of not only what the UGC stated before us, but having promulgated the relevant Regulations as far back as 2010 as amended from time to time. The issue of equivalence has been rightly considered by the NCTE and while recognising some distinct aspects of two the degrees, it has clearly stated that for the job of Assistant Professors (Education), both are eligible.”The court, however, clarified that it is not as if a person with an M.Ed. degree is eligible for all the posts which were advertised for Science, Arts and others. The court said:”Their eligibility has been found only for the post of Assistant Professor (Education), which is directly relatable to the subject to be taught. We do not think the fact that both M.Ed. and M.A. (Education) degree-holders have to take a common test for the purposes of NET is conclusive, but it is one of the factors to be considered, and once the expert body being the NCTE, inter alia, has taken that aspect into consideration apart from other factors to opine equivalence for the purpose of appointment to the post of Assistant Professor in Education, it would not be appropriate to take a contra view.”The court noted that UPHESSC had sought the opinion of the expert panel, and thereafter took a decision, permitting M.Ed. degree as an eligible qualification for appointment. While setting aside the High Court judgment, the bench further remarked:”We say so in view of the fact that matters of education must be left to educationists, of course subject to being governed by the relevant statutes and regulations. It is not the function of this Court to sit as an expert body over the decision of the experts, especially when the experts are all eminent people as apparent from the names as set out. This aspect has received judicial imprimatur even earlier and it is not that we are saying something new.”Case name: ANAND YADAV vs. STATE OF UTTAR PRADESHCase no. : CIVIL APPEAL NO. 2850 OF 2020 Coram: Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna MurariCounsel: Sr. Adv P.S. Patwalia and Sr. Adv Meenakshi AroraClick here to Read/Download JudgmentRead JudgmentNext Storylast_img read more

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Gujarat HC To Reopen Advocates’ Chambers From Oct 20 On Odd-Even Basis [Read SoP]

first_imgNews UpdatesGujarat HC To Reopen Advocates’ Chambers From Oct 20 On Odd-Even Basis [Read SoP] LIVELAW NEWS NETWORK16 Oct 2020 11:50 PMShare This – xThe Gujarat High Court has decided to open Advocates Chambers located within the campus of Gujarat High Court with effect from 20th October 2020. The Chambers shall be opened from 10.30 am to 2.30 pm on Court working days (except Saturday and Sunday) with the prescribed odd even formula: Week 1 Odd Numbered Chambers shall open on Monday, Wednesday, Friday Even Numbered…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Gujarat High Court has decided to open Advocates Chambers located within the campus of Gujarat High Court with effect from 20th October 2020. The Chambers shall be opened from 10.30 am to 2.30 pm on Court working days (except Saturday and Sunday) with the prescribed odd even formula: Week 1 Odd Numbered Chambers shall open on Monday, Wednesday, Friday Even Numbered Chambers shall open on Tuesday, Thursday Week 2 Even Numbered Chambers shall open on Monday, Wednesday, Friday Odd Numbered Chambers shall open on Tuesday, Thursday Further, following are the Standard Operating Procedures for accessing the chambers: Advocates who have been allotted chambers will be allowed access to both old and new Chambers.Only one junior will be allowed access to the Chamber. No client or litigant and clerk or any other staff shall be allowed access to the Chambers and the Court campus.There will be a single-entry point to Old and New Advocate Chamber Building.Entry in Court Premises only after thermal screening and providing requisite details viz. name, mobile number, chamber number to the staff of the Registry.Persons displaying symptoms of flue, fever, cough etc. shall not be permitted entry inside the Court campus.No outside food including tea and/or coffee shall be permitted.Library, Bar Association hall, Advocates tea room & common rooms shall remain closed until further orders.Gathering in lobbies and / or in one chamber be avoided.In case if more than two positive Covid 19 cases are detected the entry and access to the chamber shall be suspended temporarily for deep cleansing and sanitization as required.Visit to Administrative branches for making enquiry shall not be permitted. Click Here To Download SoP Read SoP Next Storylast_img read more

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Allahabad High Court Seeks Notification Of Rules For Appointment Of E-Court Employees Within 3 Weeks [Read Order]

first_imgNews UpdatesAllahabad High Court Seeks Notification Of Rules For Appointment Of E-Court Employees Within 3 Weeks [Read Order] Akshita Saxena22 Oct 2020 10:20 PMShare This – xThe Allahabad High Court has directed the State Government to notify the Rules for appointment of e-Court employees in the High Court, within three weeks, failing which the Principal Secretary (Law)/Legal Remembrance shall appear in person before the Court. The Single Bench of Justice Manish Kumar has asked the Government to notify the “Uttar Pradesh E-Courts Centralized…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Allahabad High Court has directed the State Government to notify the Rules for appointment of e-Court employees in the High Court, within three weeks, failing which the Principal Secretary (Law)/Legal Remembrance shall appear in person before the Court. The Single Bench of Justice Manish Kumar has asked the Government to notify the “Uttar Pradesh E-Courts Centralized Computer Service Rules, 2018” so that various posts of System Assistants for video conferencing at the High Court may be filled. The Court was hearing an application wherein it was informed that as many as 71 additional posts of System Assistants for video conferencing are vacant at the High Court. Similarly, 23 posts of System Officer and 26 posts of System Assistant under Court project. However, it was stated that the State had been delaying the notification of Rules, as already forwarded by the High Court, and this in turn was adversely affecting the smooth functioning of the Court. Significantly, on a previous hearing, the Court had clarified all the objections raised by the State Government regarding the Rules and it had granted a week’s time to the State Counsel to seek instructions in the matter. However, when the matter was taken up on October 15, the Court observed that there was no substantial progress and the State Counsel sought for two months’ time to get the Rules notified by the State Government. He informed the Court that the concerned file was in the Law Department and the Cabinet Note is under preparation. After the preparation of the Cabinet Note, the file would go to the Finance Department, Karmik Department and thereafter it shall be placed before the Cabinet for approval of the Rules. The counsel appearing for the High Court on the other hand, pressed the matter on ground of urgency. He pointed out that all the Courts were already running/functioning through video conferencing and filing of case is also on through e-filing. Thus, e-Court employees were required urgently. In view thereof, the Single Bench has asked the State Government to “minimize” the time in processing the matter, by processing the file on day-to-day basis and not in a routine manner. It ordered, “It is expected that all the concerned departments as informed by the learned Senior Advocate representing the State shall make their best effort to complete all the formalities within a period of ten days by taking this matter on the priority basis, looking to the urgency in the matter and place the same before the Cabinet immediately thereafter for notifying the Rules.” It added, “This court expects that the State Government shall notify the Rules within a period of three weeks from today and inform this Court by the next date of listing, failing which the Principal Secretary (Law)/Legal Remembrance shall appear in person before the Court. Let this case be listed on 18th November, 2020.” Case Title: Ajay Singh & Ors. v. State of UP & Ors.Appearance: Advocates Salil Tripathi, Amrendra Nath Tripathi and Ashish Raman Mishra (for Petitioners); Chief Standing Counsel Gaurav Mahrotra and Advocate UN Misra (for Respondent) Click Here To Download Order Read Order Next Storylast_img read more

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India’s Overdue Appointment With Data Privacy

first_imgColumnsIndia’s Overdue Appointment With Data Privacy Mitisha Gaur30 Oct 2020 7:30 AMShare This – xThe past couple of years have been very exciting for data privacy enthusiasts in India. Beginning with the pronouncement of the judgement in the case of Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors. by the Supreme Court of India, which has enunciated the Right to Privacy as a fundamental right falling under Article 21 which guarantees Protection Of Life…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe past couple of years have been very exciting for data privacy enthusiasts in India. Beginning with the pronouncement of the judgement in the case of Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors. by the Supreme Court of India, which has enunciated the Right to Privacy as a fundamental right falling under Article 21 which guarantees Protection Of Life And Personal Liberty under the aegis of the Indian Constitution to the introduction of the Personal Data Protection Bill, 2018 and the revision of the same following the comments from the stakeholders and the public to the Personal Data Protection Bill, 2019 (hereinafter PDP Bill). As a growing technology-based economy and a country with one of the highest per capita consumption of the internet, it is safe to say that the introduction of the privacy charter in the Indian legal sphere will be game changing. The current legal framework in India pertaining to technology laws and data privacy is derived from the Information Technology Act, 2000 (IT Act) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (Personal Data Rules). Although, the IT Act does its fair bit to protect the rights of the citizens in the virtual sphere as well as redress any damages or injuries faced by them through misutilisation of technology, it does not adequately address the multifaceted spectrum of issues and precautions pertaining to Personal Data and does not address the right to data privacy of individuals at all. In an effort to understand why this is problematic let us examine the fairly recent decision by the Ministry of Information Technology (MeitY), which by invoking it’s powers under section 69A of the IT Act read with the relevant provisions of the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 2009 and in view of the emergent nature of threats as well as the rise of tensions on the Indo-Chinese borders, decided to ban 59 mobile applications or apps of Chinese origin. A press release by the Government dated June 29, 2020 states that the decision was taken after information was received suggesting that these apps were engaged in activities prejudicial to the sovereignty and integrity of India. This was followed by the decision to ban another 47 apps on July 27, 2020 which were functioning as clones of the previously banned apps and another 118 apps being banned on September 02, 2020. To someone who is new to the privacy debate, this may sound like a triumph of the Indian Government, to us who have been interacting in this sphere, this confirmed our worst fears- the Indian cyberspace is at the mercy of the world and our citizens have no legal and quantifiable protection against the collection, processing and potential weaponisation of their Personal Data. The Personal Data Rules introduce the concept of Personal Data however, they fail to provide cohesive instructions pertaining to the handling of data or the specific responsibilities of all entities and stakeholders such as organizations collecting Personal Data, the intermediaries or third-parties involved in the processing or storage of Personal Data. One of the most crucial issues under the current legal framework is that foreign entities not registered under Indian law are allowed to collect, store and process sensitive personal data. This is problematic on two accounts (i) no verification of entities collecting personal data of citizens can be carried out as there may not be a certifiable way to do so thereby increasing the risk of misappropriation of the Personal Data and (ii) in case of any misappropriation of the Personal Data, there is no way to seek adequate redressal since the entities are not registered under India laws and therefore the exercising of jurisdiction on the relevant matter by a competent court may be a lengthy and tiresome process. This is an oversight which has allowed various foreign entities to not only constantly collect, store and process Personal Data of Indian citizens but also enter into valid and binding contracts with them such through the Privacy Policies and Terms and Conditions of Use (both being applicable and enforceable legal instruments under law) of websites and devices alike. Thus, permeating the legal sanctity of these legal instruments with enforceability and jurisdictional issues. This is where the need for an appropriate legal framework safeguarding data privacy becomes crucial. The Personal Data of Indian citizens must be treated with the same importance as the tangible national resources of the country, the inability of the Government to exercise control over the Personal Data of its citizens may not only cause undue and unauthorized exploitation of the same but also endanger the national security and sovereignty of the nation. The PDP Bill strives to provide the necessary legal framework pertaining to various stakeholders involved in the handling of sensitive personal data or information. It imbibes in its structure the rights and duties of entities collecting personal data, the person providing such Personal Data (while making adequate provisions for Personal Data of children) as well as the manner in which the transfer of Personal Data shall be done either within the country or outside the territory of India. The PDP Bill also carves out penalties for the contravention of its provision as well as offences pertaining to misappropriation of Personal Data. Further, two crucial points which the PDP Bill addresses are the obligations of Significant Data Fiduciaries which are entities processing high volumes of Personal Data, thereby ensuring to imbue the legislation with the necessary checks and balances and the introduction of the Right to be Forgotten, which is an indispensable extension of the Right to Privacy through various mechanisms like anonymization and de-identification of Personal Data. However, these mechanisms from a technical standpoint of safeguarding an individual’s Right to Privacy are not enough. For the Right to be forgotten to be upheld in a true sense, the organisations must configure their internal technical framework to not just randomise the data through protocols like anonymization and de-identification but to in fact unlearn and forget the data points which are associated with the individual. The true meaning of “The Right to be Forgotten” should be to enable a Clean-Slate Protocol in the most nuanced sense, with no data being left behind for revival, as and when necessary. The organisations, however, may for record-keeping purposes store the entire set of data in compliance with data retention regulations, if any but they must work towards ensuring that the learnt recommendation model unlearns these data points belonging to any person who may elect to exercise their right to be forgotten. However, the shortcomings of the PDP Bill lie in the unfettered power it provides to the Government to circumvent an individual’s Right to Privacy. This is in direct contrast to the solidified presence and unaltering characteristics of Fundamental Rights. Therefore, it is critical that a legislation, aimed at providing safeguards and structure to the Fundamental Right to Privacy does not empower the Government to disperse the same at its own justification, an action which will not only be ultra vires the legislative arm of the county but also defeat the very purpose of the law, given the impermeability of the Constitutional and Fundamental Right to Life and Liberty under the aegis of which the Right to Privacy has been envisaged. While it is clear that India’s overdue appointment with Data Privacy has a few more hours until it begins, nothing stops its citizens and its corporations to undertake self-governance pertaining to the practices involving the safeguarding of the Right to Privacy which has been guaranteed by the Constitution of India, a charter of the people, for the people and by the people.Views are personal.(Author is a Practicing Lawyer at Mumbai)Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Delhi Judicial Service Exam- Answer Key To Be Subjected To Judicial Review Only When It Is Demonstrably Wrong: Delhi High Court

first_imgNews UpdatesDelhi Judicial Service Exam- Answer Key To Be Subjected To Judicial Review Only When It Is Demonstrably Wrong: Delhi High Court LIVELAW NEWS NETWORK1 Dec 2020 4:05 AMShare This – xIn a case relating to Delhi Higher Judiciary Service Preliminary Examination, Delhi High Court has observed that an answer key cannot be disregarded as being incorrect merely on a doubt.There is always a presumption of correctness regarding the answer key and it may be subject to judicial review only when it is “demonstrably wrong” i.e. it must be such as no reasonable body of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginIn a case relating to Delhi Higher Judiciary Service Preliminary Examination, Delhi High Court has observed that an answer key cannot be disregarded as being incorrect merely on a doubt.There is always a presumption of correctness regarding the answer key and it may be subject to judicial review only when it is “demonstrably wrong” i.e. it must be such as no reasonable body of men well-versed in the particular subject would regard it as correct, the bench comprising Justices Manmohan and Sanjeev Narula observed.The court observed this while dismissing a writ petition that sought modification of answer key with regard to some questions of the Delhi Higher Judiciary Service Preliminary Examination (Objective Type) held earlier this year. One of the impugned question was on the relevant criteria while sentencing the accused in an offence under the Prevention of Corruption Act, 1998, the relevant criteria. As per the answer key, the answer to the question was Deterrence & Denunciation. Referring to the report filed by Examination-cum-Judicial Education and Training Programme Committee of Hon’ble Judges, the bench observed:”In the present case, the Examination-cum-Judicial Education and Training Programme Committee has considered the queries raised by the petitioner at length and given detailed reasons as to why the impugned answer key is the single, objective, correct answer of the four options provided in the exam. In our view, there is no other answer that can possibly be “correct”.”The court, referring to a judgment in n Ran Vijay Singh & Ors. vs. State of Uttar Pradesh & Ors., (2018) 2 SCC 357 discussed the scope of Court interference with the results of an examination It said: “This Court is of the view that the petitioner has sought to reap the benefit of the observations of this Court in Sumit Kumar vs High Court of Delhi (supra) without actually following the standard/test of judicial review discussed thereunder. . (emphasis supplied) 14. The Division Bench of this Court in the aforesaid judgment, after discussing several judgments of the Supreme Court on the same matter, held that a candidate could not be penalized for answers at variance with the key only if the answer key was proven to be incorrect beyond doubt. However, it is relevant to note that according to the said judgment, an answer key cannot be disregarded as being incorrect merely on a doubt. The Court had reiterated the settled law that there is always a presumption of correctness regarding the answer key and it may be subject to judicial review only when it is “demonstrably wrong” i.e. it must be such as no reasonable body of men well-versed in the particular subject would regard it as correct.”Dismissing the writ petition, the bench observed that the petitioner failed to demonstrate that the impugned questions and answer keys are inherently incorrect or manifest injustice has occurred in the present case.CASE: SHIVNATH TRIPATHI vs. REGISTRAR GENERAL HIGH COURT OF DELHI [W.P. (C) 7346/2020]CORAM: Justices Manmohan and Sanjeev NarulaClick here to Read/Download JudgmentRead JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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“Women Cannot Be Denied Right To Autonomy In The Garb of Protection”:Women’s Rights Group Moves Allahabad HC Against UP Anti-Conversion Ordinance

first_imgTop Stories”Women Cannot Be Denied Right To Autonomy In The Garb of Protection”:Women’s Rights Group Moves Allahabad HC Against UP Anti-Conversion Ordinance Akshita Saxena18 Jan 2021 12:48 AMShare This – xA Lucknow based women’s rights group, Association for Advocacy and Legal Initiatives, has moved the Allahabad High Court seeking to intervene in the ongoing proceedings against the Anti-Conversion Ordinance passed by the UP Government.The High Court has allowed the intervention application filed through Advocate Vrinda Grover. At the outset, the application alleges that the Ordinance has…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA Lucknow based women’s rights group, Association for Advocacy and Legal Initiatives, has moved the Allahabad High Court seeking to intervene in the ongoing proceedings against the Anti-Conversion Ordinance passed by the UP Government.The High Court has allowed the intervention application filed through Advocate Vrinda Grover. At the outset, the application alleges that the Ordinance has a ‘disproportionate impact’ on the constitutional rights of women, especially under Articles 14, 15, 19, 21 and 25 of the Constitution, as well as an egregious impact on Constitutional rights of all citizens. Further, the organization has resisted the UP Government’s claim that conversion for marriage is not out of choice but due to intervention of personal law. No conflict between choice to marry and religious conversion under personal laws The organization has submitted that there is no conflict in law between an individual’s right to choice in marriage and the right to practice a religion of one’s belief. To substantiate this, it has submitted, “The Special Marriage Act, 1954, allows for inter faith marriages in India, and there is no compulsion to convert one’s religion under personal laws to exercise the choice to marry someonc outside one’s faith. It is only those persons who wish to practise the faith of their marital partner who choose to convert their religion for the purpose of marriage.” Also Read: Mandatory Publication Of Notice Of Intended Marriage Under Special Marriage Act Violates Right To Privacy: Allahabad High Court It is asserted that there is no systemic compulsion to convert one’s religion to marry a person of another religion. “The choice to abide by and fall within the jurisdiction of some personal law a for the purpose of marriage is thus a real choice borne out of free will and volition. There is thus no conflict between the freedom of choice and the right to one’s dignity when it comes to conversion for marriage, as human dignity is best protected when one’s choice to convert (or not) for marriage is respected,” the application states. Individual Autonomy and Freedom of Choice of women are protected under Article 21 The organization has argued that the impugned ordinance, in so far as it outlaws conversion for the sole purpose of marriage, infantilizes the legitimate choice made by an adult person who voluntarily chooses to opt for a way of life by converting their religion to that of their partner to marriage. Reliance is placed on the Supreme Court’s decision in Shefin Jahan v. Asokan KM, (2018) 16 SCC 368, where it categorically injuncted that the State must not interfere in the private lives of citizens, especially in affairs pertaining to the choice of spouse in marriage, and that the State must be committed to promoting and protecting the plurality and diversity of India’s culture, including where it manifests in intimate personal choices and decisions. UP Ordinance On Conversion Is Nothing But Criminalization Of Inter-Faith Marriages : Petitioner’s Rejoinder In Allahabad High Court The application also refers to the case of Shakti Vahini v. Union of India, (2018) 7 SCC 192, where the Supreme Court held that, “The choice of an individual is an inextricable part of dignity. for dignity’ cannot be thought of where there is erosion of choice…When two adults marry out of their volition, they choose their path; they consummate their relationship; they feel that it is their goal and they have the right to do so. And it can unequivocally be stated that they have the right and any infringement of the said right is a constitutional violation.” Women cannot be denied right to autonomy in the garb of protection Referring to the Supreme Court’s findings in Anuj Garg v. Hotel Association of India (2008) 3 SCC 1 against overstepping women’s autonomy and their right to take decisions as adults in the garb of protection, the organization submits, “The impugned Ordinance if tested with strict scrutiny, reveals that the absence of a narrow definition of “aggrieved person”, and the broad provision allowing family relatives to file FIRs, leads to complete annihilation of the individual autonomy and liberty of women who are given no say in determining the legitimacy of their conversion if it is followed by marriage. The impugned Ordinance promotes gender stereotypes which views the right of the family or community as supreme and while treating women as repositories of ‘honour’, deprives her of her personality, privacy and dignity.” Further, it is alleged that the Proviso to Section 5(1) of the impugned Ordinance classifies women along with members of the SC/ST community and minors as a vulnerable class, and provides enhanced punishment for conversion of a woman as opposed to that of a man. “The classification of women and men as two distinct classes of victims with separate punishment for both is unreasonable as it has no nexus to any legitimate object. and is a result of a stereotypical notion that women are ‘weaker’ partners in a marriage, lacking in capacity and competence to make independent decisions. Such notions when reinforced by statutes promote gender stereotypes that are prejudicial to the interest and right to equality of women, and fail to pass the test of strict judicial scrutiny,” the application states. Impugned ordinance strengthens conspiracy theory of Love-Jihad The organization has pointed out that the term ‘Love Jihad’ is often used to stir divisive sentiments and promote archaic and patriarchal notions of ‘honour’ which denude the individual autonomy of women. However, there is no official data available to substantiate the rhetoric and claim that ‘Love Jihad’ is a real and grave phenomenon. It has urged that judicial institutions cannot remain oblivious to the ground realities in the state of Uttar Pradesh, where the rhetoric of ‘Love-Jihad’ has been allowed to run riot and vigilante groups and relatives of young Hindu women have ‘villainized’ Muslim men who have consensual relationships with Hindu women. It is alleged that the impugned ordinance, is a legislative attempt to strengthen the sentiment that marriages solemnized between persons born to different religions are a social evil which is being perpetrated by Muslim men who marry Hindu women, and that the same poses a threat to the Hindu community. It is also argued that the impugned ordinance falls foul of a Division bench judgment in Salamat Ansari v. State of UP & Ors., that recently upheld that the right to life and liberty of two mature individuals in choosing a partner, and their right to freedom of choice irrespective of the religion they choose to profess. Impugned Ordinance is hit by vagueness and overbreadth Apart from giving a broad definition of an ‘aggrieved person’ as discussed above, the organization has submitted that the phrase “any marriage which was done for the sole purpose of unlawful conversion and vice-versa” in Section 6 of the impugned ordinance, is undefined, overbroad and vague, thus open to rampant abuse and misuse, and suffers from the vice of lacking “sufficient definiteness” for a penal provision. Further it is alleged that the impugned Ordinance defines the term “Allurement” in an overbroad manner, bringing within its sweep legitimate and natural aspirations that motivate individual decisions for the purpose of marriage. Inter alia, it is alleged that Section 8(3) of the impugned Ordinance is vague insofar as it does not provide any statutory guideline regarding the scope of the enquiry to be conducted by the District Magistrate. “The said provision states that the District Magistrate shall get an enquiry conducted through the police with regard to the “real intention, purpose and cause” of conversion. However, the impugned Ordinance provides no guidelines as to what intention, surpose and cause is legitimate or illegitimate. It also provides no clarity as to the scope of the power of the District Magistrate to act upon the findings of such an enquiry,” the application states. Conversion vs Reconversion: Unreasonable classification barred by Article 14 It is significant to note that the proviso to Section 3 of the impugned Ordinance lays down that “reconversion” to a person’s previous religion is not illegal, even if it is vitiated by fraud, force, allurement, misrepresentation and so on. The organization has submitted that thus creates an “unreasonable classification” between conversion and reconversion under the said Ordinance, and is thus hit by the vice of arbitrariness under Article 14. “The distinction between conversion and reconversion is not based on any rational classification having a proximate nexus with a legitimate object, and is thus arbitrary in nature. The only permissible classification ought to be between free and voluntary conversion and forced conversion, irrespective of the earlier religion of the person converted,” the application states. It is alleged that the setting of the impugned ordinance leads to an irresistible conclusion that the it seeks to provide legal sanction to the notion of ‘Ghar Wapsi’ propagated by various right wing Hindu organizations in the state. Rights of women in marriage jeopardized, leaving them more vulnerable The organization has submitted that various rights accrue to parties to a marriage when a marriage is solemnized. However, it is alleged that the impugned Ordinance by voiding marriages under Section 6, will result in an anomaly by denial of various rights to parties to a marriage and will make women more vulnerable. In this context it is submitted, “The right to Maintenance is an extremely important right which accrues after marriage to a wif, and is a legal tool embedded in the Code of Criminal Procedure as well as in personal laws to protect the rights of a woman in a marriage. Under the impugned Ordinance, a woman would have no legitimate claim to Maintenance if a marriage is rendered void under Section 6, as she would no longer be a ‘wife’ in the eyes of law. Children born out of wedlock in marriages which are subsequently rendered void by the impugned Ordinance would also suffer social as well as legal impediments to their life, as despite being worn out of wedlock, they would be rendered illegitimate children upon the marriage being declared void.” Procedure prescribed in Section 8 and 9 violates the right to privacy and fails the test of proportionality The application states that the mandatory procedure of declaration set out in Section 8 and 9 of the impugned Ordinance pierces the zone of privacy in which an individual chooses to exercise their right to convert their religion, and makes public the most intimate and private spheres of an individual’s personhood. Reliance is placed on Justice KS Puttaswamy & Ors. v. Union of India & Ors., 2017 10 SCC 1, where it was held that the choice to express one’s religion includes within it the choice to not express it. In this backdrop it is argued that to force an individual to make a public declaration of the choice to convert their religion denies to an individual the right to be silent and the right to be left alone in matters of faith and religion. Exercise of right under Article 25 cannot be declared void or criminalized by impugned Ordinance The Applicant-organization has submitted that voluntary choice to convert one’s religion is protected under Article 25 of the Constitution. However, the same is wrongly declared void and illegal for non-compliance with the administrative procedure laid down under Section 8 and 9 of the impugned Ordinance. “The Constitution of India in Article 21 allows for religion to be practiced in solitude, silently without pubic glare, and the decision of an individual to not make a public declaration of his conversion cannot render the conversion illegal or void, as that militates against the freedom of conscience and the right to liberty of an individual,” the application states. Reversal of burden of proof violates Articles 14 and 21 It is a settled position of law, the organization submits, that in any criminal case, the burden of proof as a general rule shall always be on the prosecution to prove the guilt of the accused person. However, the impugned ordinance presumes every religious conversion to be unlawful and places the burden of proof on the person who has caused or facilitated the conversion to prove that it is not an unlawful conversion. Resisting this the organization has submitted, “The reversal of burden of proof is only permissible when there are some “special facts” within the knowledge of the accused which the accused can easily prove or disprove, and the same has been held to not result in unreasonable curtailment of the rights of the accused. However, in the impugned Ordinance, the burden is placed on an accused who does not have any such special knowledge. The presumption of innocence is a human right which forms the bedrock of criminal jurisprudence and is guaranteed under Article 20…The reversal of burden of proof provided in Section 12 of the impugned Ordinance violates Articles 14 and 21, and deserves to be struck down.” Reliance is placed on Babu v. State of Kerala, (2010) 9 SCC 189, where the Supreme Court has categorically stated that, “The courts must be on guard to see that merely on the application of the presumption, the same may not lead to any injustice or mistaken conviction.” Other grounds State Ordinance cannot prevail over central legislation (Special Marriage Act, Hindu Marriage Act, etc.);Ordinance is passed without any urgency or necessity and amounts to colourable exercise of power and violates the basic structure doctrine;Supreme Court’s decision in Rev. Stainislaus case is distinguishable and does not cover the impugned Ordinance;State is bound by International law obligations to protect human rights, right to choice in marriage, rights of women, etc.;There is no publicly available data which suggests that there has been any increase in the rate of religious conversion in the state of Uttar Pradesh, nor is there any evidence to suggest that ‘Love Jihad’ is a real phenomenon.The impugned ordinance is an affront to core human and fundamental rights and violates inalienable constitutional principles of human dignity, non-discrimination and equality; right to associational and decisional privacy, right to choice, right to marry, freedom of conscience and separation of powers, and is thus ultra vires PART III of the Constitution, and liable to be struck down. The application is filed through Advocates Vrinda Grover, Tanmay Sadh,Soutik Banerjee and Aakarsh Kamra.Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Sunanda Pushkar Death Case- “Statements Of Family Members, Witnesses Suggest No Mistreatment By Shashi Tharoor To His Wife”: Sr Ad.Vikas Pahwa Tells Court

first_imgNews UpdatesSunanda Pushkar Death Case- “Statements Of Family Members, Witnesses Suggest No Mistreatment By Shashi Tharoor To His Wife”: Sr Ad.Vikas Pahwa Tells Court Nupur Thapliyal23 March 2021 9:02 PMShare This – xA Delhi Court on Tuesday continued to hear Senior Advocate Vikas Pahwa, appearing on behalf of Congress MP Dr. Shashi Tharoor, an accused in the Sunanda Pushkar Death Case on the framing of charges in the matter.Special Judge Geetanjali Goel heard Pahwa in the presence of Dr. Tharoor while he continued his submissions on charge today.While Pahwa, on the last date of hearing, argued that there…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA Delhi Court on Tuesday continued to hear Senior Advocate Vikas Pahwa, appearing on behalf of Congress MP Dr. Shashi Tharoor, an accused in the Sunanda Pushkar Death Case on the framing of charges in the matter.Special Judge Geetanjali Goel heard Pahwa in the presence of Dr. Tharoor while he continued his submissions on charge today.While Pahwa, on the last date of hearing, argued that there was no conclusive proof suggesting the real cause of death even after 4 years, his arguments today rested on the individual facts of the case and statements of the family members of the deceased, showing that no allegations were ever levelled against Tharoor by the family.According to Pahwa, it was submitted before the Cour that this was not a case where the prosecution was unable to prove the real cause of death as the same was clear from the evidences including the post mortem report and other medical reports proving that this was neither a suicide or a homicide.Submitting so, Pahwa argued “They should not feel it’s a post office and they can file anything they want.”Pushkar had been found dead in January 2014 at a hotel in New Delhi. In 2015, and an FIR had been filed in this regard. In May 2018, Dr. Tharoor was charged with abetment to suicide and marital cruelty under Sections 306 and 498A of the Indian Penal Code.Substantiating his arguments on behalf of Tharoor, Pahwa submitted that none of the family members of the deceased, Sunanda Pushkar, had ever levelled any allegations against him. In doing so, he referred to the statements of such family members.Moreover, Pahwa argued that according to some of the family members, it was submitted that Tharoor even took Pushkar to the doctors, not only in India but while they both were in France, owing to her medical conditions.Relying on the statement of Sunanda Pushkar’s son, Pahwa argued that “The only son of the deceased clearly said that Tharoor had nothing to do with the death but my friend (Prosecutor) wants to frame charges on him.”After hearing the arguments at length, the judge posted the matter for further arguments on 26th March 2021 at 2PM.On the last date of hearing, Pahwa substantiated his arguments on three major aspects: firstly, on the allegations pressed upon by the Police; secondly, oon questioning the conduct of Doctors conducting Medical Autopsy and Post Mortem and lastly, there being no definite opinion on Cause of Death made out from 2014 to 2017 according to various reports by Medical Boards.Pahwa therefore submitted before the Court that:”If you cannot establish suicide, then there can be no sec. 306 case. First you have to establish there has been a suicide. From 2014 to 2017, it has been 4 years. They have given opinion, its neither suicide nor homicide. Again a null in the investigation. Even when the report said there was no suicide, they registered a case under sec. 302. They don’t say it’s suicide. This is answer to your third category, accidental. This is accidental where there is no intention. Suicide cannot be without intent. I am not talking abetment at the moment. I am talking about suicide. For suicide there has to be intent. I am relying on medical documents relied by them. How does sec. 306 come into play?” Read Also: Sunanda Pushkar Death Case- No Conclusive Cause Of Death After 4 Years, Even Suicide Not Established: Sr. Adv. Vikas Pahwa Tells Delhi CourtSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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“A Critical Comment On Supreme Court’s Judgment In Forum For People’s Collective Efforts v. State Of West Bengal”

first_imgColumns”A Critical Comment On Supreme Court’s Judgment In Forum For People’s Collective Efforts v. State Of West Bengal” Dormaan Jamshid Dalal19 May 2021 11:51 PMShare This – xWhile entertaining a Writ Petition under Article 32 of the Constitution of India, 1950 (hereinafter referred to as “the Constitution”) filed by a non-profit company[1], a two Judges Bench of the Supreme Court in Forum for People’s Collective Efforts (FPCE) & Anr v. State Of West Bengal and Others[2] (hereinafter referred to as “the FPCE case”) struck down the West Bengal Housing Industry Regulation Act, 2017 (hereinafter referred to as “HIRA”). In its elaborate analysis[3], the Court declared that HIRA (a State enactment) was repugnant to Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as “RERA”). This did not really come as a surprise. Afterall, the State of West Bengal had for reasons best known to it, quite literally “copy pasted” the provisions of RERA (a Union enactment) barring a few cosmetic changes.[4] After thoroughly examining both RERA and HIRA, the Court opined that ” a significant and even overwhelmingly large part” of HIRA “overlaps” with RERA and the provisions of RERA “have been lifted bodily” into HIRA and this overlap “is so significant” that the Court felt that “the test of repugnancy based on an identity of subject matter is clearly established.”[5] Apart from striking down HIRA, the Court, in the concluding part of its opinion also declared that the West Bengal (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 (hereinafter referred to as “the 1993 Act”) which had been repealed by HIRA was also repugnant to RERA and would therefore stand impliedly repealed.[6] The Court further clarified that the 1993 Act would not revive upon striking down HIRA.[7] A reading of the judgment brings to the fore three important questions of law which have not been specifically dealt with by the Court. They are as follows: Also Read – Important Supreme Court Judgments On Arbitration Passed RecentlyAdvertisement Question no. 1 Whilst exercising its writ jurisdiction under Article 32 of the Constitution, could the Court have declared HIRA unconstitutional on the ground of repugnancy or legislative competence? Question no. 2 Assuming that the Petitioners had alleged in the writ petition that their fundamental rights had been violated, was the petition filed at the instance of the Petitioner no. 1 company under Article 32 of the Constitution maintainable? Also Read – Selective Hiring Of ‘Dom’ Caste Amid Pandemic In West Bengal: The Casteist Attack On The ConstitutionAdvertisement Question no. 3 Could the Court have declared that the 1993 Act is repugnant to RERA and hence impliedly repealed even though it was not specifically challenged? The purpose of this column is to answer these questions in the backdrop of the FPCE case. QUESTIONS THAT ARISE Question no. 1 Whilst exercising its writ jurisdiction under Article 32 of the Constitution, could the Court have declared HIRA unconstitutional on the ground of repugnancy or legislative competence? Also Read – The Government Of National Capital Territory Of Delhi (Amendment) Act 2021Advertisement Advertisement Answer to Question no. 1 The Challenge: In order to answer this question, it is essential to first examine the challenge in the petition. The essence of the challenge is set out in the very first paragraph of the Court’s opinion in Part A.[8] The basis for the challenge was that HIRA was a “virtual replica” of RERA and it was directly inconsistent with the provisions of RERA.[9] HIRA had neither been reserved for nor had it received assent of the President of India under Article 254(2)[10] of the Constitution and therefore it could not prevail over RERA.[11] “Parliament having legislated on a field covered by the Concurrent List,” it was not permissible for the State Legislature to enact a law on the same subject.[12] It is pertinent to note that there does not appear to be any challenge on the ground that impugned legislation (HIRA) offends or violates the Petitioners’ fundamental rights. Even if one were to peruse the submissions of the Petitioners recorded by the Court, there does not appear to be any argument on the ground of violation of the Petitioners’ fundamental rights.[13] Had such challenge been specifically raised, the Court would have certainly dealt with it in its opinion. Also Read – Women’s Reproductive Rights In India And BeyondAdvertisement Advertisement Advertisement Scope of Article 32: A writ petition can only be filed under Article 32 to enforce fundamental rights in Part III of the Constitution.[14] This is not to say that grounds apart from violation of fundamental rights, such as repugnancy, legislative competence or violation of other constitutional provisions cannot be raised in a petition under Article 32. However, while entertaining a petition under Article 32, it is essential to first show that there has been a violation of fundamental rights before proceeding to any other ancillary challenge. At least a prima facie case under Article 32 has to be made out to show that the Petitioners’ fundamental rights have been violated.[15] This position of law has been clearly set out in no uncertain terms by a five Judges Bench of the Supreme Court in D.A.V. College v. State of Punjab.[16] The relevant portion of the judgment reads thus: “It is apparent therefore that the validity or the invalidity of the impugned law on the ground of legislative competence should purport to infringe the fundamental rights of the petitioner as a necessary condition of its being adjudicated. But if in fact the law does not, even on the assumption that it is valid, infringe any fundamental rights, this Court will not decide that question in a petition under Article 32. The reason for it is obvious, namely that no petition under Article 32 will be entertained if fundamental rights are not affected and if the impugned law does not affect the fundamental rights it would be contrary to this principle to determine whether that law in fact has legislative competence or not.”[17] (emphasis supplied) This being the position in law, the Court ought not to have entertained the challenge on the ground of repugnancy or legislative competence under Article 32 in the absence of any challenge on the ground of violation of fundamental rights. The Petitioners had to have first demonstrated that its fundamental rights had been violated before raising any challenge on the ground of legislative competence or repugnancy. Question no. 2 Assuming that the Petitioners had alleged in the writ petition that their fundamental rights had been violated, was the petition filed at the instance of the Petitioner no. 1 company under Article 32 of the Constitution maintainable? Let us assume for a moment that the writ petition contained specific grounds of fundamental rights violations. Could a writ petition filed by a corporate person under Article 32 be maintainable? Though the contesting Respondents have not raised a preliminary objection to this effect, it would be necessary to delve into this aspect. The case status from the Supreme Court website[18] of the FPCE case shows that the Writ Petition consists of two Petitioners. Petitioner no. 1 is the Forum for Peoples Collective Efforts. The YouTube channel[19] and Facebook page[20] of the Petitioner no. 1 both indicate that it is a non-profit company incorporated in 2017 under Section 8[21] of the Companies Act, 2013 and has been formed “primarily to work towards protection of consumers in general and home buyers in particular.”[22] The Petitioner no. 1 has filed the writ petition through its President one Mr. Abhay Upadhyay. The Petitioner no. 2 is Mr. Abhay Upadhyay. It would appear that the Petitioner no. 2 has filed the writ petition in his capacity as the President of the Petitioner no. 1 and also in his individual capacity. In light of this factual position, it would be apposite to refer to various authorities of the Supreme Court on this question. State Trading Corporation of India Ltd. v. The Commercial Tax Officer and others (1963) A Special Bench of nine Judges of the Supreme Court in State Trading Corporation of India Ltd. v. The Commercial Tax Officer and others (hereinafter referred to State Trading Corporation case) had the occasion to deal with this issue.[23] Two questions[24] had been referred to the Special Bench: (1) Whether State Trading Corporation, Private Limited Company registered under the Companies Act, 1956 was a citizen within the meaning of Article 19 of the Constitution and whether it could ask for enforcement of fundamental rights under the said Article? (2) Whether the said Corporation being a department and organ of the Government of India can claim to enforce its fundamental rights under Part III of the Constitution of India? “The questions were raised by way of preliminary objections to the maintainability of the Writ Petitions”[25] under Article 32 of the Constitution. The Petitioner no. 1 was State Trading Corporation of India Ltd., and the Petitioner no. 2 was the Additional Secretary Ministry of Commerce and Industries who was a shareholder of the Petitioner no. 1. Sinha C.J., who delivered the majority opinion, referred to a plethora of authorities[27] and opined that a clear distinction is made between rights guaranteed to “persons” (say in Article 14[28] and 21[29]) vis-à-vis rights guaranteed to “citizens” (Article 19 (1)[30]) in Part III of the Constitution.[31] According to the Court, “all citizens are persons but all persons are not citizens, under the Constitution.”[32] The Court then went on to examine the provisions of Citizenship in Part II (Articles 5 to 11) of the Constitution and came to the conclusion that the provisions of the said Part are “clearly inapplicable to juristic persons.”[33] Having thus come to that conclusion, the Court held that the rights flowing from Article 19 do not apply to a corporate body and the rights of citizenships and the rights flowing from nationality or domicile of a corporation are not coterminous.[34] Having thus held that the rights flowing from Article 19 would not apply to a body Corporate such as a Company, the majority did not deem it necessary to answer the second question on the right of a Government Corporation to claim infringement of fundamental rights. Hidayatullah J. having concurred with the majority also held, “….an incorporated company has a separate existence and the law recognises it as a legal person separate and distinct from its members. This new legal personality emerges from the moment of incorporation and from that date the persons subscribing to the memorandum of association and other persons joining as members are regarded as a body corporate or a corporation aggregate and the new person begins to function as an entity. But the members who form the incorporated company do not pool their status or their personality. If all of them are citizens of India the company does not become a citizens of India any more than if all are married the company would be a married person. The personality of the members has little to do with the persona of the incorporated company. ……The corporation really has no physical existence; it is a mere ‘abstraction of law’…” But the most crucial takeaway from the opinion of Hidayatullah J. was his view on the rights of the members of a Corporation who are citizens of India. According to Hidayatullah J., “Members of a corporation who are citizens can enforce the rights under Art. 19(1)(f) and (g). Even if corporations may not be able to do so directly, the members who are citizens by enforcing their personal right can effectively benefit the corporation. The only persons who are not able to do so are non-citizens whether as individuals or as members of a corporation;” Therefore, with respect to the first question, Hidayatullah J. opined that the State Trading Corporation could not be regarded as a citizen for the purpose of enforcing its rights under Article 19(1) (f) and (g).[37] So far as the second issue is concerned, unlike the majority, Hidayatullah J. decided the issue and held that State Trading Corporation being a Government Company could not enforce its rights under Part III of the Constitution against the State itself. The Tata Engineering and Locomotive Co. Ltd v. The State of Bihar and others (1965) About two years later, this issue arose once again before a five Judges Bench in Tata Engineering and Locomotive Co. Ltd. v. State of Bihar and others[39](hereinafter referred to as “the TELCO case”). Three groups of Petitioners who had filed writ petitions under Article 32 of the Constitution were being heard by the Supreme Court. In first group, petitions were filed by Tata Engineering and Locomotive Co. Ltd. (a company, whose majority shareholders were Indian citizens) as well as two shareholders of the said company who had also joined as Petitioners.[40] The second group consisted of Automobile Products of India Ltd. (a company, whose majority shareholders were Indian citizens) and a shareholder of the said company as Petitioners;[41] and in the last group, Petitions had been filed by State Trading Corporation of India Ltd.[42] The shareholders of this Corporation were the President of India, and two Additional Secretaries, Ministry of Commerce and Industry, Government of India. One of these Secretaries was joined as a Petitioner. Before the Supreme Court it was argued on behalf of the Petitioners that though in the State Trading Corporation case, the Petitioner in that case was held not to be a citizen, “the question as to whether the veil of the Corporation can be lifted and the rights of the share-holders of the said Corporation could be recognised under Art. 19 or not was not decided,” and therefore, the Court could lift the corporate veil to decide whether the shareholders rights under Article 19 were being violated. The Court however rejected this argument, dismissed the petitions and held that in light of the decision in the State Trading Corporation case, the Petitioners’ plea could not be entertained, because if the plea was upheld, it would mean that “what the corporations or the companies cannot achieve directly, can be achieved by them indirectly by relying upon the doctrine of lifting the veil. If the corporations and companies are not citizens, it means that the Constitution intended that they should not get the benefit of Art. 19.”[45] The Court then went onto to opine, “The effect of confining Art. 19 to citizens as distinguished from persons to whom other Articles like 14 apply, clearly must be that it is only citizens to whom the rights under Art. 19 are guaranteed. If the legislature intends that the benefit of Art. 19 should be made available to the corporations, it would not be difficult for it to adopt a proper measure in that behalf by enlarging the definition of ‘citizen’ prescribed by the Citizenship Act passed by the Parliament by virtue of the powers conferred on it by Articles 10 and 11. On the other hand, the fact that the Parliament has not chosen to make any such provision indicates that it was not the intention of the Parliament to treat corporations as citizens. Therefore, it seems to us that in view of the decision of this Court in the case of the State Trading Corporation of India Ltd., AIR 1963SC 1811 the petitioners cannot be heard to say that their shareholders should be allowed to file the present petitions on the ground that, in substance, the corporations and companies are nothing more than associations of shareholders and members thereof.” Rustom Cavasjee Cooper v. Union of India -The Bank Nationalization Case (1970) This issue again arose before the eleven Judges Bench in Rustom Cavasjee Cooper v. Union of India[47](hereinafter referred to as “the Bank Nationalization case”). In this case, the Petitioner was a shareholder of Central Bank of India, the Bank of Baroda Ltd., the Union Bank of India Ltd., and the Bank of India Ltd., and also had current and fixed deposit accounts with the said banks. He was also a director of the Central Bank of India Ltd. He had filed two Writ Petitions under Article 32[48] claiming that the Banking Companies (Acquisition and Transfer of Undertakings) Ordinance 8 of 1969 promulgated on July 19, 1969, and the Banking Companies (Acquisition and Transfer of Undertakings) Act 22 of 1969 impaired his rights guaranteed under Articles 14, 19 and 31 of the Constitution. The Attorney General raised a preliminary objection regarding the maintainability of the writ petitions because according to him no fundamental rights of the Petitioners were directly impaired.[50] The Court rejected the preliminary objection and after distinguishing the State Trading Corporation case and TELCO case held that since the Petitioner sought to challenge the infringement of his own rights and not of the Banks and therefore, the Petitions were maintainable. Bennett Coleman & Co. and others v. Union of India and others (1972) In Bennett Coleman & Co. and others v. Union of India and others,[52] a similar plea was raised by the Additional Solicitor General before the five Judges Bench on the ground that the Writ Petition filed by the Companies for enforcement of fundamental rights under Article 19 (1) (a) and Article 14 was not maintainable.[53] Before the Supreme Court, the Petitioners in each case were, in addition to the respective companies, shareholders, editors and publishers.[54] For instance, in the Bennett Coleman group of cases one shareholder, a reader of the publication and three editors of the three dailies published by the Bennett Coleman Group were the Petitioners.[55] While in the Hindustan Times case a shareholder, who happened to be a Deputy Director, another shareholder, a Deputy Editor of one of the publications, the printer and the publisher of the publications and a reader were the Petitioners. In light of the aforesaid factual position, the majority opinion delivered by S.M. Sikri C.J. referred to the State Trading Corporation case, the TELCO case and the Bank Nationalization case and held, “In the present case, the individual rights of freedom of speech and expression of editors, Directors and shareholders are all exercised through their newspapers through which they speak. The press reaches the public through the Newspapers. The shareholders speak through their editors- The fact that the companies are the petitioners does not prevent this Court from giving relief to the shareholders, editors, printers who have asked for protection of their fundamental rights by reason of the effect of the law and of the action upon their rights. The locus standi of the shareholder petitioners is beyond challenge after the ruling of this Court in the Bank Nationalisation case (supra). The presence of the company is on the same ruling not a bar to the grant of relief.” Thus, a collective reading of the aforesaid authorities would indicate that a writ petition cannot be filed by a company/corporate entity under Article 32 of the Constitution for enforcement of “citizen based” fundamental rights emanating from Article 19, unless such a petition also consists of individual shareholders, employees, account holders etc. as Petitioners, who are citizens of India, and whose fundamental rights under Article 19 are personally impinged. However, from a reading of the above authorities, it can also be inferred that so far as the rights emanating from Part III that are not “citizen based” (such as Article 19) but “person based” (such as Article 14 and 21), a company having a corporate personality and a juristic existence could file a writ petition under Article 32 on the grounds that its “person based” fundamental rights, such as the rights under Articles 14 or 21, are being violated. Answer to Question no. 2 So far as the FPCE case is concerned, according to the author, the writ petition that had been filed by the Petitioner no. 1 Company would have been maintainable to the extent that “person based” fundamental rights in Part III of the Constitution had been allegedly violated. Considering the facts of FPCE, the only two Articles in Part III that may have been applicable were Article 14 (Equality before Law) and Article 21 (Protection of Life and Personal Liberty). The Petitioner no. 1 Company would not have been able to allege violation of “citizen based rights” under Article 19(1), but the Petitioner no. 2 in his individual capacity would have been able to allege violation of these rights under Article 19 (assuming that he is a citizen of India). Therefore, to make out a case under Article 19, both the Petitioner no. 1 and 2 would have had to file the writ petition together, (which has been done in the instant case) and not solely by the Petitioner no. 1. However, perusal of the Court’s opinion in FPCE would show that no such ground alleging violation of fundamental rights has been specifically recorded or dealt with. But assuming for the sake of argument that such grounds had been raised, so far as Article 19 is concerned, the Petitioner no.2 would have had to demonstrate that HIRA violated his rights under Article 19 of the Constitution. For alleging violation under Article 14 and Article 21 both the Petitioner no. 1 and 2 would have had to demonstrate that HIRA violated these fundamental rights. In the authors opinion, it would have been an uphill task for the Petitioners to specifically make a case that rights under Article 14, 19, 21 or any other Article in Part III of the Constitution had been violated. This is why it appears that the challenge was primarily confined to the grounds of legislative competence and repugnancy. Moreover, what has been filed by the Petitioners is a writ petition and not a public interest litigation. Had a public interest litigation been filed, the flexible rules of locus standi would have been applicable to the present case. Question no. 3 Could the Court have declared that the 1993 Act is repugnant to RERA and hence impliedly repealed even though it was not specifically challenged? A crucial aspect of the Court’s opinion has to be addressed before answering this question. Was there any reason for the Court to also declare the 1993 Act repugnant to RERA even though it had already been repealed by HIRA earlier? Would the striking down of HIRA result in automatic revival of the 1993 Act? While striking down the 1993 Act, in the concluding portion of its opinion, the Court has not once, but twice clarified and reiterated that striking down the provisions of HIRA would not result in revival of the 1993 Act.[58] What was the basis for this reiteration? This needs to be examined first before proceeding further. Revival of a repealed Act- Legislative Action: Earlier under English Common Law, “when a repealing enactment was repealed by another statute, the repeal of the second Act revived the former Act ‘ab initio’.”[59] However, the position in English Common Law changed after 1850; as a result if “an Act repealing a former Act is itself repealed, the last repeal does not revive the Act before repealed unless words are added reviving it.”[60] This change took place as a result of the introduction of the Interpretation Act of 1889 in England. Though this Act does not apply to India, the Supreme Court in Ameer-Un-Nissa Begum and others v. Mahboob Begum and others adopted this Common Law doctrine and opined that “the repeal of the repealing enactment would not revive the original Act” unless “the second reporting enactment manifests an intention to the contrary.”[61] This intention may be implicit or explicit.[62] An implicit intent may result in the application of the doctrine of implied repeal, as has been made applicable in the FPCE case by declaring the 1993 Act repugnant to RERA and thus impliedly repealing it. Repeal connotes “abrogation or obliteration of one statute by another, from the statute book as completely as if it had never been passed.”[63] The repealed statute may be made applicable for certain limited purposes as provided in Section 6 of the General Clauses Act, 1897 or in similar state enactments.[64] “Repeal is not a matter of mere form but one of substance….. If the intention, indicated expressly or by necessary implication in the subsequent statute, was to abrogate or wipe off the former enactment, wholly or in part, then it would be a case of total or pro tanto repeal. If the intention was merely to modify the former enactment by engrafting an exception or granting an exemption, or by super-adding conditions, or by restricting, intercepting or suspending its operation, such modification would not amount to a repeal.”[65] However, Section 7 of the General Clauses Act, 1897 makes it clear that when a Union law or regulation intends to revive a previously repealed statute or regulation, purpose of such revival has to be expressly stated by the legislature.[66] Similar provisions are also found in state enactments. Revival of a repealed Act- Judicial intervention: Would the aforesaid doctrine also apply when a Constitutional Court strikes down a law or declares it repugnant, ultra vires or void? The answer is found in a three Judges Bench decision delivered by the Supreme Court in State of Uttar Pradesh and others v. Hirendra Pal Singh and others[68]in which the Court opined that “while examining the validity of the amended provisions” the Court may “reach a conclusion that the said provisions are ultra vires and unconstitutional and strike down the same but that may not automatically revive the provisions which stood repealed by the said amendment.”[69] This has been more clearly articulated by the Court in another three Judges Bench decision in State of Tamil Nadu and others v. K. Shyam Sunder and others[70]in which the Court held, “56…..Thus, undoubtedly, submission made by learned senior counsel on behalf of the respondents that once the Act stands repealed and the amending Act is struck down by the Court being invalid and ultra vires/unconstitutional on the ground of legislative incompetence, the repealed Act will automatically revive is preponderous and needs no further consideration. 59. Thus, the law on the issues stands crystallised that in case the Amending Act is struck down by the court for want of legislative competence or is violative of any of the fundamental rights enshrined in Part III of the Constitution, it would be unenforceable in view of the provision under Article 13(2) of the Constitution and in such circumstances the old Act would revive, but not otherwise. This proposition of law is, however, not applicable so far as subordinate legislation is concerned.” Though the aforesaid opinions are delivered in the context of amending Acts repealing earlier Acts, the principle law down would equally apply to the FPCE case in which the 1993 Act was repealed by Section 86 of HIRA subject to any previous acts done or rules made thereinunder.[71] Keeping this legal position in mind, it may be inferred that the Court, being mindful of afore stated legal principle, did not intend for the 1993 Act to revive on striking down HIRA and it is perhaps for this reason that it held that Sections 3 to 17 of the 1993 Act stand impliedly repealed “upon the enactment of the RERA in 2016, in accordance with Sections 88[72] and 89[73] read with Article 254(1)[74] of the Constitution.”[75] Therefore, the Court clarified twice that the 1993 Act is repugnant to RERA and is impliedly repealed. Since 15 out of the 17 Sections of the 1993 Act were declared repugnant, it is obvious that nothing more in the said Act would survive and thus the Court declared the entire Act repugnant. The question that now remains to be answered is should the Court have taken this this step? The answer for the same is set out below. Answer to Question 3 Travelling beyond the scope of the Petition: As has been stated earlier, a reading of the Court’s opinion would show that the challenge in the petition appeared to be confined to HIRA. The Petitioners did not appear to have challenged the 1993 Act. There is nothing in the Court’s opinion to show that the Petition had been amended or modified to incorporate a challenge to the 1993 Act. Nor has the Court recorded that the Petitioners had attacked the 1993 Act through a counter affidavit or a separate application. However, it is interesting to note that the Court has recorded the Petitioner’s submissions on the 1993 Act in Part G(1) (VI) of its opinion which is reproduced below: “Upon the declaration of WB-HIRA as unconstitutional, the 1993 legislation in West Bengal may also be declared as repealed in view of the following: a. Section 89 of the RERA impliedly repeals all earlier state acts with Presidential assent under the proviso to Article 254(2); and b. In the alternative, Section 86 of WB-HIRA which repeals WB 1993 Act may be severed by applying the doctrine of severability.”[76] It is submitted that “a decision of a case cannot be based on grounds outside the pleadings of the parties.”[77] Further, in Yadlapati Venkateswarlu v. State Of Andhra Pradesh and Another,[78] the Supreme Court has clearly opined that a “statute will not be declared unconstitutional unless it is specifically challenged.”[79] Therefore, the moment the Court took refuge in Article 254(1) and opined that the “provisions of the WB 1993 Act impliedly stand repealed upon the enactment of the RERA in 2016, in accordance with Sections 88 and 89 read with Article 254(1) of the Constitution”, the Court went beyond the scope of the writ petition and the challenge made therein.[80] If the Court wanted to deal with the 1993 Act and test its validity, the Court could have advised the Petitioner to either amend the petition, place a separate application or affidavit on record or file a fresh petition altogether. The Court’s opinion does specify whether this exercise took place. However, since the author has not had the benefit of perusing the authentic copy of the entire pleadings of the parties, for a moment let us presume that specific grounds concerning the validity of the 1993 Act were pleaded by the Petitioners in the writ petition or an additional application or affidavit. If that had been done, then the Court ought to have given detailed reasons explaining why the 1993 Act was repugnant to RERA and Article 254(1) of the Constitution. Unlike the detailed comparison made by the Court between HIRA and RERA, no such comparison had been made between the 1993 Act and RERA to examine whether there was repugnancy or not. In fact, while declaring Sections 3 to 17 of the 1993 Act as repugnant to RERA, no clear reasons have been set out by the Court stating why it has come to this conclusion. It is surprising that the Court has declared the 1993 Act repugnant in merely two paragraphs in the concluding portion of its opinion. It is also submitted that the Court has not exercised its jurisdiction under Article 142 to arrive at this finding. The jurisdiction under Article 142[81] has only been exercised to the limited extent of clarifying that its judgment will apply prospectively and that the “striking down” of HIRA “will not affect the registrations, sanctions and permissions previously granted under the legislation prior to the date of this judgment.”[82] Therefore, for these reasons, it is submitted that the Court ought not to have declared the 1993 Act repugnant to RERA. CONCLUDING COMMENTS There is no doubt that HIRA deserved to be struck down by the Court. But the Court ought not to have struck down the said Act on the ground of repugnancy and legislative competence while exercising its writ jurisdiction under Article 32 of the Constitution. Further, by declaring the 1993 Act repugnant to RERA in the absence of a specific challenge to the same and also in the absence of detailed reasons, the Court has set a dangerous trend in the process. While there is a tendency to frequently expand upon its own powers for doing complete justice, the Courts need to be mindful of the unintended consequences and ramifications that could follow.Views are Personal The author is a Practicing an Advocate at the Bombay High Court and the NCLT [1] Forum For People’s Collective Efforts [2] Writ Petition (C) No. 116 of 2019 delivered on 4th May 2021 (Coram: Dr. D.Y. Chandrachud and M.R. Shah JJ.) The judgment has also been reported in 2021 SCC OnLine SC 361. However for the convenience of readers, the author will refer to the judgment uploaded on the website of the Supreme Court . A hyperlink is provided in the body of the column. [3] Ibid. See part ‘H’ of the judgment under the heading ‘Analysis’ p. 113 to 188 [4] Ibid. See part F page 20 to 85. Also see p. 85 para 12 on the courts finding to this effect [5] Ibid p. 173, 174 para 74 and 75 [6] Ibid Part I p. 188 to 190 para 82 and 83 [7] Ibid para 83 [8] Ibid p. 1 para 1 [9] Ibid para 1(iii) [10] Article 254 (2) Where a law made by the Legislature of a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State: Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State. [11] Supra note. 1 p. 1 para 1(ii) [12] Ibid p. 1 para 1(iv) [13] Ibid Part G.1 page 91 to 100 [14] Article 32 Remedies for enforcement of rights conferred by this Part- (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. (3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. [15] D.A.V. College, Bhatinda v. State of Punjab 1971 (2) SCC 261, 264 para 5 [16] 1971 (2) SCC 269 [17] Ibid p. 287 para 46 [18] https://main.sci.gov.in/case-status (Last visited on 14th May 2021 at 6:14 PM) [19] https://www.youtube.com/channel/UCcfQy-Y-Ps5n5Eu24hVYYAA/about (Last visited on 14th May 2021 at 6:21 PM) [20] https://www.facebook.com/fpce.in/about (Last visited on 14th May 2021 at 6:27 PM) [21] Formulation of companies with charitable objects, etc. [22] See the Facebook page https://www.facebook.com/fpce.in/about (Last visited on 14th May 2021 at 6:41 PM) [23] AIR 1963 SC 1811. Since the judgment has been referred to from https://www.aironline.in/ only the paragraph numbers and not the page numbers have been referenced. [24] Ibid para 6 [25] Ibid [26] Ibid para 7, 8 [27] Ibid para 6. The majority opinion was delivered by Sinha C.J. on behalf of himself, S. R. Das P.B.Gajendragadkar, A. K. Sarkar K.N. Wanchoo andN. Rajgopala Ayyangar, JJ. The Court relied and referred to Charanjit Lal Chowdhury v. Union of India AIR 1951 SC 41, Dwarkadas Shrinivas v. Sholapur Spinning and Weaving Co. Ltd. AIR 1954 SC 119, Bijay Cotton Mills Ltd. v. State of Ajmer AIR 1955 SC 33, Bengal Immunity Co. Ltd. v. State of Bihar AIR 1955 SC 661 [28] Equality before law.—The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. [29] Protection of life and personal liberty.—No person shall be deprived of his life or personal liberty except according to procedure established by law. [30] Protection of certain rights regarding freedom of speech, etc.—(1) All citizens shall have the right— (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions or co-operative societies; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; (g) to practise any profession, or to carry on any occupation, trade or business. [31] Supra note 23 para 11 [32] Ibid para 12 [33] Ibid [34] Ibid [35] Ibid para 24. [36] Ibid para 63 (d) [37] Ibid para 64 [38] Ibid para 70 [39] AIR 1965 SC 40. Since the judgment has been referred to from https://www.aironline.in/ only the paragraph numbers and not the page numbers have been referenced. [40] Ibid para 2 [41] Ibid para 3 [42] Ibid para 4 [43] Ibid [44] Ibid para 23 [45] Ibid para 28 [46] Ibid [47] (1970) 1 SCC 248 [48] Ibid p. 248. Writ Petition no. 222 of 1969 and Writ Petition no. 300 of 1969. The other Writ Petition was Writ Petition no. 298 of 1969 filed by one T.M. Gurubaxani. [49] Ibid p. 266 para 1. [50] Ibid p. 273 para 10 [51] Ibid p. 274, 275 para 15 [52] (1972) 2 SCC 788 [53] Ibid p. 803 para 10 [54] Ibid p. 805 para 19 [55] Ibid [56] Ibid [57] Ibid p. 806 para 22 [58] Supra note 2 p. 189 para 82, 83 [59] Ameer-Un-Nissa Begum and others v. Mahboob Begum and others AIR 1955 SC 352, 362 para 24 [60] Ibid as quoted from Maxwell’s Interpretation of Statutes, p. 402 (10th Edition). [61] ibid [62] India Tobacco Company v. The Commercial Tax Officer Bhavanipore and others (1975) 3 SCC 512, 517 para 15 [63] Ibid p. 517 para 16 [64] Effect of repeal.—Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not— (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed. [65] Supra note 62 p. 517,518 para 18 [66] Revival of repealed enactments.—(1) In any Central Act or Regulation made after the commencement of this Act, it shall be necessary, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose. (2) This section applies also to all Central Acts made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887. [67] For instance see Section 8 of the Maharashtra General Clauses Act, 1904 [68] (2011) 5 SCC 305 [69] Ibid p. 315 para 26 [70] (2011) 8 SCC 737,768 (para 56) and 769 (para 59) [71] 86. Repeal and Savings (1) The West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 is hereby repealed. (2) Notwithstanding such repeal, – (a) the provisions of the said enactments shall apply in relation to any proceeding relating to any estate project which commenced before this Act came into force unless otherwise agreed by the parties but this Act shall apply in relation to proceedings which commenced on or after this Act comes into force. (b) all rules made and notifications published, under the said enactment shall, to the extend to which they are not repugnant to this Act, be deemed respectively to have been made or issued under this Act. [72] Application of other laws not barred.- The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force. [73] Acts to have overriding effect.- The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force. [74] 254. Inconsistency between laws made by Parliament and laws made by the Legislatures of States.—(1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, subject to the provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. [75] Supra note 2 p. 188,189 para 82 [76] Ibid p. 99, 100 para 16 (PART G(1) (VII)) [77] State of Madhya Pradesh v. Narmada Bachao Andolan and another (2011) 7 SCC 639,661 para 10 [78] 1992 (Supp) 1 SCC 74 [79] Ibid p. 84 para 9 [80] Supra note 2 p. 189 para 82 [81] 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.— (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order3 prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself. [82] Ibid p. 190 para 84. TagsSupreme Court Forum For People’s Collective Efforts State Of West Bengal Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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“No backstop, no deal” – May’s message to Westminster

first_imgAudioHomepage BannerNews By News Highland – December 5, 2018 Google+ Google+ Derry draw with Pats: Higgins & Thomson Reaction Twitter News, Sport and Obituaries on Monday May 24th Journey home will be easier – Paul Hegarty The British Government is expected to publish the legal advice it received over its Brexit deal later – after losing an historic Commons vote yesterday.MPs – who will return to Parliament for a second day of debate today – found British ministers in contempt of parliament, prompting a U-turn.They’d previously refused to release anything more than a summary.Prime Minister Theresa May defended her deal ahead of a crucial vote on the withdrawal agreement next week. She responded to concerns about the backstop aimed at avoiding a hard border, saying withouit a backstop, there is no deal………..Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2018/12/08may.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Facebook Pinterest Previous articleNew A5 application to be submitted by StormontNext articleLetterkenny’s McMenamin set for Irish U19s start News Highland center_img WhatsApp Harps come back to win in Waterford “No backstop, no deal” – May’s message to Westminster RELATED ARTICLESMORE FROM AUTHOR Twitter DL Debate – 24/05/21 WhatsApp FT Report: Derry City 2 St Pats 2 Pinterest Facebooklast_img read more

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Derry security alert declared a hoax

first_img Pinterest Google+ There was disruption for a time in the Eastway area of Derry last night after police received reports of a suspicious object in the area at approximately 9.30.The object was examined by Army Technical Officers, and was subsequently declared a hoax.Police in the city are urging anyone with any information about the incident or anyone who was driving in the area of Eastway and who has dash cam footage to contact them.******************PSNI statement in full – Detectives are appealing for witnesses following a security alert in the Eastway area of Derry/Londonderry on Sunday 26 January.Detective Constable Adam Beckett said: “At approximately 9.30pm police received a report of a suspicious object in the area of Eastway.  The object was examined by ATO and was subsequently declared a hoax. We would like to thank all those affected by this alert for their patience during the incident.I would like to hear from anyone with any information about the incident or anyone who was driving in the area of Eastway and who has dash cam footage. Detectives can be contacted at Strand Road by calling 101, quoting reference 1547 26/01/20.”Or, if someone would prefer to provide information without giving their details they can contact the independent charity Crimestoppers and speak to them anonymously on 0800 555 111. By News Highland – January 27, 2020 Pinterest Twitter Derry security alert declared a hoax Facebook WhatsApp WhatsApp News, Sport and Obituaries on Monday May 24th Google+center_img Homepage BannerNews RELATED ARTICLESMORE FROM AUTHOR Previous articlePM to take place on body found in LetterkennyNext articleSnow in Donegal, but no major disruption News Highland Facebook Journey home will be easier – Paul Hegarty Harps come back to win in Waterford Important message for people attending LUH’s INR clinic DL Debate – 24/05/21 Twitter Arranmore progress and potential flagged as population growslast_img read more

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Number of Covid-19 patients at LUH falls to fourteen

first_imgHomepage BannerNews WhatsApp Number of Covid-19 patients at LUH falls to fourteen Pinterest Facebook Harps come back to win in Waterford RELATED ARTICLESMORE FROM AUTHOR Facebook Previous articleFrustration growing over closure of gyms and golf coursesNext articleCovid forces Derry Rovers game off News Highland By News Highland – October 27, 2020 The number of patients with Covid-19 being treated at Letterkenny University Hospital has fallen to fourteen. According to the latest figures from the HSE, two of those patients are receiving critical care and are in ICU while two further suspected cases are also in intensive care.As of last night, there were a total of seven suspected cases of Covid-19 being treated on site at Letterkenny University Hospital.The number of confirmed cases at the hospital has dropped by four compared with Fridays figure of 18. Google+center_img Pinterest WhatsApp Twitter Twitter Journey home will be easier – Paul Hegarty Google+ Important message for people attending LUH’s INR clinic Arranmore progress and potential flagged as population grows DL Debate – 24/05/21 News, Sport and Obituaries on Monday May 24th last_img read more

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Gardaí renew public appeal on 41st Anniversary of Mary Boyle disappearance

first_img Harps come back to win in Waterford Gardaí renew public appeal on 41st Anniversary of Mary Boyle disappearance Google+ Homepage BannerNews Twitter Facebook Pinterest Google+ Pinterest Important message for people attending LUH’s INR clinic Facebook DL Debate – 24/05/21 center_img WhatsApp WhatsApp Loganair’s new Derry – Liverpool air service takes off from CODA RELATED ARTICLESMORE FROM AUTHOR By News Highland – March 18, 2018 Previous articleTyrone safe in Division 1 after win over MayoNext articleMonaghan prove too strong for Donegal in Clones News Highland News, Sport and Obituaries on Monday May 24th Twitter Gardaí have renewed their appeal to the public for assistance with the case of Mary Boyle.Today marks the 41st anniversary of the 6 year old’s disappearence from Cashelard outside Ballyshannon.An Gardaí Síochana have reiterated that the investigation remains live and ongoing at this time and have renewed their appeal for anyone who may have Tangible Evidence to help advance the case to come forward and contact Gardaí at Ballyshannon Garda Station. Arranmore progress and potential flagged as population grows last_img read more

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Deceased dog found dumped in drain in Burnfoot

first_img Google+ Arranmore progress and potential flagged as population grows By News Highland – January 20, 2021 News, Sport and Obituaries on Monday May 24th Facebook Important message for people attending LUH’s INR clinic WhatsApp Twitter DL Debate – 24/05/21 A dog has been found dumped in a drain in Burnfoot.The ISPCA say they received a call from a member of the public regarding the deceased German shepherd found near Ballinahone.ISPCA Senior Inspector Kevin McGinley says he responded to a call from a member of the public and described the discovery as gruesome.The body of the female German shepherd was found wrapped in a plastic shower curtain and dumped in a drain Ballinahone, Burnfoot.He says it is shocking and irresponsible to discover an animal discarded in this manner, clearly showing no respect for either the dog or the environment.The deceased dog was scanned for a microchip and no chip was present making it difficult to locate the owner.Investigations are continuing and the ISPCA are appealing to the public to come forward to assist with inquiries. RELATED ARTICLESMORE FROM AUTHOR Google+center_img Pinterest Previous articleLOI Season to kick off March 19thNext articleCara 2021 Run to be virtual News Highland Loganair’s new Derry – Liverpool air service takes off from CODA Deceased dog found dumped in drain in Burnfoot Pinterest Twitter Facebook Homepage BannerNews WhatsApp Nine til Noon Show – Listen back to Monday’s Programmelast_img read more

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Major investment plans for old Milford Hotel

first_img Facebook Major investment plans for old Milford Hotel Pinterest Facebook Twitter Important message for people attending LUH’s INR clinic AudioHomepage BannerNews Loganair’s new Derry – Liverpool air service takes off from CODA RELATED ARTICLESMORE FROM AUTHOR DL Debate – 24/05/21 Arranmore progress and potential flagged as population grows A planning application for a mix of town houses and apartments at the old Milford Hotel has been submitted to Donegal County Council. The two million euro project would see part of the old hotel demolished while renovating the front of the existing building.The owners had the site on the market but it’s understood that when it didn’t attract a buyer they decided to proceed with their investment plans.A decision on the application is expected at the end of April.Cllr Liam Blaney says it’s important that the community of Milford be fully aware of what plans are on the table:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2019/03/liamdfdfgdfgdfblabey1pm.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume.center_img By News Highland – March 29, 2019 WhatsApp Previous articleJunior Health Minister describes politics in Donegal as ‘unusual’Next articleLetterkenny ‘severely lacking’ in community Gardai – Chamber President News Highland News, Sport and Obituaries on Monday May 24th Google+ Twitter Google+ Pinterest WhatsApp Nine til Noon Show – Listen back to Monday’s Programmelast_img read more

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Former Buncrana Mayor believes concerns over arrival of tourists justified

first_img Facebook AudioHomepage BannerNews News, Sport and Obituaries on Monday May 24th Important message for people attending LUH’s INR clinic Google+ Previous articleMore Donegal & Ulster records for John KellyNext articleCouncil inviting submissions on LPT News Highland Pinterest WhatsApp By News Highland – July 13, 2020 Google+ DL Debate – 24/05/21 Former Buncrana Mayor believes concerns over arrival of tourists justifiedcenter_img Twitter WhatsApp Facebook RELATED ARTICLESMORE FROM AUTHOR Twitter Loganair’s new Derry – Liverpool air service takes off from CODA Pinterest Former Mayor of Buncrana, Lee Tedstone who travelled from America on Friday believes concerns around tourists arriving into Ireland over the weekend are justified.Lee had been living in Texas for a number of years but has relocated back home.Speaking on the Nine til Noon Show this morning, he says efforts to contain the virus in Ireland have been hugely successful but says the focus must now shift to control community spread:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2020/07/tedstone1pm.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Arranmore progress and potential flagged as population grows Nine til Noon Show – Listen back to Monday’s Programmelast_img read more

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New cases confirmed in Republic, 5 associated with North West

first_img Nine til Noon Show – Listen back to Monday’s Programme By News Highland – March 17, 2020 WhatsApp Pinterest Pinterest Facebook New cases confirmed in Republic, 5 associated with North West Arranmore progress and potential flagged as population grows 69 new cases of covid-19 have been confirmed in the republic this evening.29 are male and forty of them are female, with 5 of them associated with the North West of the country.It’s a new record increase for the fourth day in a row, bringing the total south of the border to 292.Meanwhile the HSE is to meet with private hospital operators this week in the hope of using private beds to deal with the coronavirus outbreak.Health Minister Simon Harris says they’ll need as much facilities as they can get:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2020/03/harris-virusup.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Facebook Publicans in Republic watching closely as North reopens further AudioHomepage BannerNewscenter_img Twitter Google+ WhatsApp RELATED ARTICLESMORE FROM AUTHOR Important message for people attending LUH’s INR clinic Community Enhancement Programme open for applications Loganair’s new Derry – Liverpool air service takes off from CODA Twitter Previous article10 new positive Coronavirus cases in Northern IrelandNext articleThe North West 10k postponed to later date News Highland Google+last_img read more

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750 temporary lay offs at O’Neills in Strabane

first_img Facebook Loganair’s new Derry – Liverpool air service takes off from CODA Arranmore progress and potential flagged as population grows Facebook Important message for people attending LUH’s INR clinic Around 750 people are being temporarily laid off at O’Neills Sportswear – the largest employer in Strabane.The news was announced within the last hour with the facility due to close its doors at 6pm this evening until May 5th.Many employees are affected both sides of the border.West Tyrone MLA Daniel McCrossan says this decision would have been incredibly difficult for the leadership team:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2020/03/dadfgdfgdfgdfniel.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Pinterest Nine til Noon Show – Listen back to Monday’s Programme Google+ Pinterest By News Highland – March 19, 2020 750 temporary lay offs at O’Neills in Strabanecenter_img WhatsApp Community Enhancement Programme open for applications AudioHomepage BannerNews Google+ Previous articleShutdown hits Sligo Rovers hardNext articleGovernment signs off on ban on evictions and rent increases News Highland WhatsApp Twitter Publicans in Republic watching closely as North reopens further RELATED ARTICLESMORE FROM AUTHOR Twitterlast_img read more

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Number of confirmed cases in Donegal rises to 352

first_img Twitter Number of confirmed cases in Donegal rises to 352 RELATED ARTICLESMORE FROM AUTHOR Google+ Pinterest Community Enhancement Programme open for applications Previous article44 more deaths in the Republic from Covid-19Next articleMotion passed at Special GAA Congess News Highland Facebook The number of confirmed cases of Covid-19 in Donegal now stands at 352. It’s a rise of 32 on the previous figure of 320.Out of the 44 deaths recorded today, three are in the north west.Dr. Tony Holohan, Chief Medical Officer, Department of Health, said; “At today’s meeting of the National Public Health Emergency Team, we endorsed a proposal to increase testing of staff and residents across all long-term residential care settings including nursing homes.The behaviour of the virus among vulnerable groups who live in these care settings continues to be a concern and this remains a priority for NPHET.“While we are suppressing the disease among the general public, we cannot afford to become complacent. To remain safe from COVID-19 we need to continue to wash our hands thoroughly and regularly, cough into our elbows and practice social distancing. These simple measures can slow down the spread of this virus and save lives.” Facebook Pinterest Google+center_img Nine til Noon Show – Listen back to Monday’s Programme Publicans in Republic watching closely as North reopens further Homepage BannerNews Arranmore progress and potential flagged as population grows WhatsApp Loganair’s new Derry – Liverpool air service takes off from CODA Twitter By News Highland – April 17, 2020 Renewed calls for full-time Garda in Kilmacrennan WhatsApplast_img read more

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Curtain comes down on ‘Come Home’ 17th season

first_img The curtain came down on the 17th season of Alabama’s Official Folklife Play, “Come Home, It’s Suppertime” at the We Piddle Around Theater in Brundidge on Saturday night. Folks came from far and near to hear the stories that were “strowed around” the rural South and passed down by those who lived during Hard Times.They came to supper from the Wiregrass and River regions of Alabama and from Michigan, Oregon, North Carolina, Mississippi, Florida, California, Kentucky, Georgia, Louisiana and Texas.Most of them came not knowing what to expect. Some came “because we heard it was a unique theater experience.” Others came because they “just happened” to find the play on the Internet and decided to give it a try. And a few came because they wanted to “come home again.” Email the author The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Troy falls to No. 13 Clemson Book Nook to reopen Published 7:13 pm Monday, April 19, 2010 Pike County Sheriff’s Office offering community child ID kits “Those on stage weren’t actors. They were real people telling real stories, some funny, some sad. And, it was a very spiritual experience, too. Just the way it should have been.”For Pat Williams Adamson of Ozark, it was the desire to “come home” that brought her to the We Piddle Around Theater for the first time.“I came home and had supper with my ‘family,’” she said.“I’ve never had a better time in my life. It was awesome. Being from Brundidge, I knew many of the people on stage and it was obvious that they were having a good time and they were putting their hearts into what they were doing.“They treated each other like family and they treated everyone there just like family. The children in the play came up to me and hugged me and welcomed me. It was just like coming home at suppertime.“When you go to that play, you become a part of a family of people who love what they do, love each other and love having company.“You can’t leave there without having been blessed. I’ve never been more blessed or felt more loved.” Print Article Latest Stories Around the WebMd: Do This Immediately if You Have Acid Reflux (Watch Now)Healthy LifestyleIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthGet Fortnite SkinsTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancelcenter_img Sponsored Content Bobby and Carolyn Entrekin of Tupelo, Miss., said they have attended plays all around the country including the “big shows” in New York City.“But we’ve never had a better time or felt as ‘at home’ as we did at the We Piddle Around Theater,” Bobby Entrekin said. “We didn’t know what we were coming to, and we had our doubts until the doors opened. We got here early and the stores were closed so we had to walk around and wait and I kept thinking, ‘I don’t know about this’ but, when the doors of the theater opened and we heard the music and saw the sawdust on the floor, I knew this was going to be something really special and it was.”Carolyn Entrekin said it was the mixture of the hilariously funny stories and those that tugged at the heartstrings that appealed to her.“The play was very true to life; the food was great; the music was wonderful and the atmosphere was unique. It felt like home,” she said. Remember America’s heroes on Memorial Day By Jaine Treadwell Dick Chambers, a hometown boy who moved off to the big city of Chicago, came two different nights and brought “foreigners” with him.“I love it every time and my friends loved it, too,” Chambers said, with a big grin. “It’s good to come home and to bring friends with you to see what home is all about.”One group from Mississippi the long way just for the play and said it was “more than worth the drive. We’ll be back and bring others with us.” By The Penny Hoarder Plans underway for historic Pike County celebration Curtain comes down on ‘Come Home’ 17th season You Might Like Weekend prostate screenings have big turnout Eighty-seven men participated in the free prostate cancer screenings Saturday hosted by the Pike County Health Department and sponsored by… read morelast_img read more

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Bluegrass jam is Saturday

first_img Pike County Sheriff’s Office offering community child ID kits You Might Like Budget talks begin for PCC The Pike County Commission held the first round of budget hearings on Monday. The good news is that the commission… read more Troy falls to No. 13 Clemson Sponsored Content Latest Stories Remember America’s heroes on Memorial Day The Little Sandridge Bluegrass Gospel Jamboree is set for Saturday at Little Sandridge, rain or shine.Dwight Berry, event organizer, said no matter what the weather the Jamboree will go on.“If it rains, we’ll go inside. If not, we’ll be outside under the shade trees,” Berry said and added laughing. “Either way, you might want to bring your funeral home fans.” By Jaine Treadwell “We just want people to come and hear the message of the music,” Berry said.Seating will be provided but those who prefer lawn chairs are encouraged to bring them.“We won’t charge admission but a free will offering will be received to help with the bands’ expenses and travel,” Berry saidLittle Sandridge is located 19 miles south of Troy on Highway 123 toward Ariton. Skip Book Nook to reopen Bluegrass jam is Saturday Email the author Admission to the Little Sandridge Bluegrass Gospel Jamboree is free and Berry said everyone who enjoys bluegrass gospel is invited to be a part of this first time jamboree.Berry has hosted or co-hosted several bluegrass gospel singings at Little Sandridge over the years but this is the first bluegrass gospel jamboree.“I feel like this is my ministry,” Berry said. “It’s through this music, these songs, that we can get the word out about Jesus.”A barbecue lunch will be provided and Berry said Kimble and Charlotte Adamson and several area churches are helping him put dinner “on the table.” Published 11:00 pm Tuesday, August 9, 2011 The Little Sandridge Bluegrass Gospel Jamboree will get underway at 11 a.m. Saturday and close with “Amazing Grace” at 4 p.m.“We’ve got three of the best bluegrass gospel bands from our area and two outstanding bands from outside the area,” Berry said. “The Benton Brothers and Company and the Monticello Bluegrass Gospel, both from Banks, will be our first two groups. Then, we’ll have the Bosheers Family from Leoma, Tennessee, the Seminole String Band from Seminole and Old Southern Gospel from Jack.”Berry said there is a possibility that the Broken Strings Bluegrass Band from Victoria will also take the stage. The Penny Hoarder Issues “Urgent” Alert: 6 Companies… By The Penny Hoarder Plans underway for historic Pike County celebration Print Article Around the WebDoctor: Do This Immediately if You Have Diabetes (Watch)Health VideosIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthGet Fortnite SkinsTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancellast_img read more

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TRMC hosts support group

first_img Around the WebDoctor: Do This Immediately if You Have Diabetes (Watch)Health VideosIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthTop 4 Methods to Get Fortnite SkinsTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Latest Stories Skip The Alzheimer’s Support Group meets the first Thursday of each month at TRMC.“The first Thursday of September is on the first day of September and the Alzheimer’s Support Group will meet at noon Thursday at Troy Regional Medical Center and lunch will be provided by the hospital,” Hussey said. “All caregivers of Alzheimer’s patients are invited and encouraged to come. Just stop by the front desk at the hospital and you will be given a lunch ticket and directed to the room where we’ll meet.”Hussey said the meetings are informal discussions about what is going on with the Alzheimer’s patients and how each caregiver is handling the situations they encounter. Book Nook to reopen TRMC hosts support group By Jaine Treadwell “Sometimes we’ll have a program dealing with a certain aspect of Alzheimer’s but most of the time, the meetings are just times of sharing and brainstorming about what each caregiver has found that works for them and what hasn’t worked. Caregivers often learn best how to handle their loved one from others who are encountering the same behavior.”Hussey will have information available from the Alzheimer’s Resource Center in Dothan that will provide information about the disease and the latest treatments developed from research into the disease and programs that can be beneficial.“One of the programs that many caregivers have come to depend on is the Wandering program that is designed to help located an Alzheimer’s patient who wanders off and becomes lost,” Hussey said. “This program is offered through the sheriff’s department and provides a tracking bracelet that the Alzheimer’s patient wears. The bracelet is free but the patient’s family is responsible for the batteries.”The Pike County Alzheimer’s Support Group also provides telephone support for the caregivers between group meetings. Published 8:13 am Wednesday, August 31, 2011 Remember America’s heroes on Memorial Day Troy falls to No. 13 Clemson By The Penny Hoarder More than 84,000 people in Alabama are suffering from Alzheimer’s disease and 10,000 of those are in the service area of the Alzheimer’s Resource Center in Dothan that includes Pike and 15 other Alabama counties and a portion of Northwest Florida.For every person who is affected by this incurable disease, there are family members who are the caregivers.Recognizing the need for support for the caregivers of Alzheimer’s patients, Troy Regional Medical Center hosts the monthly meeting of the Pike County Alzheimer’s Support Group, which is facilitated by Anne Marie Hussey of Troy. Hussey’s dad, the late Ray Hickman, was an Alzheimer’s victim and she said that she knows how important a support group can be to a caregiver.“As long as it’s me and one other, we will meet,” she said. “I know from dealing with the disease how much it can mean to just sit and talk with someone who is going through a similar situation. So, each first Thursday of the month, the Pike County Alzheimer’s Support Group will meet at noon at TRMC and I know that we will all receive a blessing from being there.” Sponsored Content Plans underway for historic Pike County celebration Pike County Sheriff’s Office offering community child ID kits You Might Like James Elwin Byrd Jr. James Elwin Byrd Jr. Memorial services for James Elwin Byrd Jr., 50, of Arlington, Va., who died Aug. 15, 2011,… read more Print Article Email the authorlast_img read more

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United Way fund-raiser a success

first_imgLatest Stories Md: Do This Immediately if You Have Diabetes (Watch) “Some of the agencies competed in the chili cook-off and Donna McLaney and the Pike County Salvation Army won the Judges’ Award, which is the grand prize of the annual Chili Cook-off,” Sheffield said. “The People’s Choice award was voted on by the public and Camille Downing and the Pike Regional Child Advocacy Center received that honor. We congratulate the winners and all of the agencies that made all the great tasting chili.”Sheffield said other United Way agencies set up informational booths and a few made monetary donations.“We greatly appreciate the participation of these agencies, because it’s good to put a face on the agencies that serve our community,” she said. You Might Like Series of events seek to help ‘bully proof’ community By Ngoc Vo Several local agencies are working together to help students be “Bully-proof” through a series of activities and… read more Pike County Sheriff’s Office offering community child ID kits By Jaine Treadwell Plans underway for historic Pike County celebration Published 3:00 am Thursday, October 2, 2014 United Way fund-raiser a success Sponsored Content Email the author The Pike County United Way’s 2015 Kickoff event was a great success and 17 local agencies will benefit from the generosity of the many who attended the annual Chili Cook-off fundraiser.“The Chili Cook-off is a fundraising event, but it’s also an opportunity for people to learn more about the 17 agencies that Pike County United Way serves,” said Cathy Sheffield, president of the local United Way Agency. “We now have all the numbers in from the Chili Cook-off that included a silent auction and the 50-50 drawing and, again, the people of Pike County showed strong support of the United Way.”Sheffield said all 17 agencies that are served by the Pike County United Way participated in the kick-off event. Book Nook to reopen Troy falls to No. 13 Clemson “We also have a large number of individuals and companies that make monthly, quarterly and annual donations,” she said.Donations to the Pike County United Way may be mailed to P.O. Box 204, Troy, AL 36081. The agencies that receive funding from the Pike County United Way are Big Brothers Big Sisters, Boy Scouts, Colley Senior Complex, Easter Seals of Alabama, East Central Mental Health, 4-H Clubs, Girl Scouts, House of Ruth, Humane Society of Pike County, OCAP, Pike Regional Child Advocacy Center, Pioneer Museum of Alabama, Red Cross, RSVP, Sav-A-Life, Salvation Army and the Troy Charity League.Sheffield said the United Way of Pike County has supported this list of agencies for several years.“The funding these agencies receive is based on need and the funding is allocated quarterly,” she said. “All of these agencies provide valuable services to the people of Pike County and the Pike County United Way is proud to be able to assist them with monetary support so they may better serve the community.”Sheffield said the primary funding source for the Pike County United Way is through payroll deductions. By Blood Sugar Blaster Remember America’s heroes on Memorial Day Skip Print Article Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthTop 4 Methods to Get Fortnite SkinsTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancellast_img read more

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Cowboy idol kicked up dust in Brundidge

first_imgLatest Stories When Lash La Rue, the cowboy idol of the silver screen, came to the Brundidge Theater in the early 1950s to promote his new picture show, “The Vanishing Outpost,” the whole town was in a stir.Back in those days, Saturday matinee cowboy stars were looked upon almost as idols. For one of them to come to Brundidge was reason for excitement. You Might Like University to receive city help The Troy council on Tuesday took steps to support Troy University’s efforts to implement a campus-wide recycling program. “As you… read more Plans underway for historic Pike County celebration Pike County Sheriff’s Office offering community child ID kits “All I could do was stare at the comic books,” Johnston said. “He asked me if I wanted a picture and a comic book. He couldn’t have given me anything I wanted more.”Meeting Lash La Rue face-to-face and getting a picture and comic book would have been more than enough. But Johnson also got to go the picture show that afternoon. Lash La Rue went on stage and did unbelievable tricks with the whip. He ever snapped a cigarette out of Fuzzy St. John’s mouth and did other unbelievable tricks with the whip.“I went home with my comic books and photo and I’ve still got them tucked away somewhere,” Johnston said. “But that was one of the most exciting Saturdays of my young life. I’ll always remember how lucky I was to get to meet a star of the silver screen.” Book Nook to reopen By Jaine Treadwell Email the author By Secrets Revealed Remember America’s heroes on Memorial Daycenter_img Published 3:00 am Thursday, February 26, 2015 Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthBet You’re Pretty Curious About Jaden’s Net Worth Right About Now, HuhBradofoThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Next UpLash LaRue was a handsome figure in his black leather boots, black satin shirt and black 10-gallon hat. He could right any wrong with his two-holster guns and a crack of his long, black whip.Lash La Rue’s grandfather was a muleskinner and his great-grandfather was an expert with a buggy whip. Lash La Rue had learned his trade from the best.People of all ages came to Brundidge to see the cowboy with the cracking whip and his sidekick Fuzzy St. John. It was said that grown men took seats from little children that Saturday afternoon. Troy falls to No. 13 Clemson Sponsored Content John Phillip Johnston’s mother worked at the Western Union and she asked him if he would take a telegram to Lash La Rue down at the theater.Like any little boy would, Johnston couldn’t hide the excitement of the possibility of seeing his cowboy hero in person.“When I got to the theater, I couldn’t believe my eyes,” Johnston said. “Lash La Rue was sitting at a desk autographing glossy 8- by-10s of himself. There was a stack of his comic books right next to him. I gave him the telegram and he asked how much he owed me.”Johnston shook his head, indicating the cowboy owned him nothing. Cowboy idol kicked up dust in Brundidge Print Article This Video Will Soon Be Banned. Watch Before It’s…last_img read more

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Library hosts read-in

first_imgLatest Stories Remember America’s heroes on Memorial Day Pike County Sheriff’s Office offering community child ID kits Troy falls to No. 13 Clemson Plans underway for historic Pike County celebration Print Article The Read-Ins are free and readers of all ages are invited to participate. The Read-In will be from 3:30 until 6 p.m. Monday through Thursday throughout the month of February.“The children will be paired according to their ages and will have different opportunities to read and to be read to,” Colvin said. “Troy University English education students will lead the groups in one-on-one readings and small group readings.The children will have opportunities to read aloud and also for reciprocal reading or buddy reading where they take turns reading to each other.”Colvin said the books that will be read will feature African American writers, African American literature and art that celebrates the African American experiences. “Reading books by and about African Americans will foster dialogues between the university students and the children and also increase the children’s interest in reading and their desire to learn more,” Colvin said.The Read-In has been endorsed by the International Reading Association. More than a million readers of all ethnic groups from 48 states and the District of Columbia, the West Indies and African countries have participated. The goal is to make the celebration of African American literacy a traditional part of Black History Month activities.The Black Caucus of the National Council of Teachers of English conceived the idea of an African American Read-In in 1989. The following year, the initial Read-In was held on the first Sunday of February, and soon became a traditional part of Black History Month celebrations. In 2014, the event garnered more than 5.5 million readers nation-wide. Email the author Matt Firp, a member of the university’s Young Adult Literature class, and A.J. Spann chose a book about African-American children.Phillip Johnson, a Troy University social science education major, and Ronje McCullough (right) spent time during the Read-in at the Troy Public Library reading newspaper sports articlesThe Troy Council Teachers of English and the Troy Public Library will hold a series of African American Read-In events during the month of February at the public library.Dr. Patricia Waters, Troy University professor of English and faculty sponsor of the Troy Council of English Teachers, said programs such as the Read-In, not only support literacy’s functional role in learning but also hope to stress literacy’s integral role in the community’s well being.“Students in the Department of English will be conducting group and one-on-one reading sessions as a part of the Troy Public Library’s after-school tutoring programs throughout the month,” Waters said. “The Troy University’s College of Education has become an integral part of the after-school tutoring program at the public library. Our students will lead buddy-reading times, small group book chats and engage in discussion and dialogue on books and poems by well-known African American authors.”Teresa Colvin, TPL children’s librarian, said the annual African American Read-In has been expanded this year and will be held after school hours Monday through Thursday each week during February. The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Book Nook to reopen By Jaine Treadwell By The Penny Hoarder Library hosts read-in You Might Like CHHS mourns as third student dies this year Charles Henderson High Trojans came together once again Monday as they mourned the loss of another student. “It’s been a… read more Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthGet Fortnite SkinsTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Published 3:00 am Tuesday, February 3, 2015 Sponsored Contentlast_img read more

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‘A big smile is shining down’

first_img By Jaine Treadwell Remember America’s heroes on Memorial Day Around the WebIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthRemember Them? I’m Sure Their New Net Worth Will Leave You SpeechlessbradofoThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Plans underway for historic Pike County celebration You Might Like Plan gets vote of support The Downtown Plan is one step closer to approval as the Troy Planning Commission voted on Thursday to adopt and… read more Pike County Sheriff’s Office offering community child ID kits Published 3:00 am Friday, October 28, 2016 Jim Roling’s granddaughter, Rosa Sklar released a balloon in his honor.Three hundred yellow balloons were released Thursday afternoon with one balloon at the heart of them all.Pike Medical Foundation board members encircled the large gathering of Troy Regional Medical Center supporters at the 2016 Balloon Launch but minus one of it founding members, Jim Roling.“But I see a big smile shining down on us today,” said Mary Ida Williams board member. “Jim would be so proud of all the work of the people here today representing the hospital, the foundation, the Rotary Club, all coming together for such a wonderful cause.”Williams said the late Jim Roling was Troy through and through his entire lifetime. By The Penny Hoarder Penny Hoarder Issues “Urgent” Alert: 6 Companies Are… ‘A big smile is shining down’ Ronnie Dean, TRMC chief executive officer, said sometimes hospitals need help and the Troy and Pike County communities have always stepped up to the plate. “The Balloon Launch has taken a lot of energy and effort on the part of the hospital, the foundation and many volunteers. Everyone rolled up their sleeves and rallied the community,” he said.Dr. Eric Law, TRMC chief of staff, also thanked the TRMC community for its support. “Troy is not real estate,” he said. “It’s people. People are our foundation and we greatly appreciate the support of the people.”XX Print Article Sponsored Content Book Nook to reopen Troy falls to No. 13 Clemson Email the author Latest Stories “Jim strived to serve this community and this hospital. He didn’t want recognition but today we are here saying thank you to him for all that he did for Troy and this hospital, for all that he did to keep Troy Regional Medical Center a vital part of this community.”Williams presented a plaque to Angie Roling in appreciation for all her husband did in support of the hospital and town he loved.Roling’s granddaughter, Rosa Sklar, released one balloon in memory of Roling. Following that one balloon into the sky were 300 balloons that were released in support of TRMC and the hospital’s emergency room area. The balloon tickets were sold for $100 each.This was the third year for the Balloon Launch. The first balloon launch raised $20,000 and the second launch raised $28,000. last_img read more

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Colley Complex, Troy Public Relations and Tourism to host Tonya Terry book signing

first_img Plans underway for historic Pike County celebration Published 3:00 am Tuesday, June 6, 2017 You Might Like State recognizes linemen for ‘dangerous job’ Linemen have one of the most dangerous jobs in the country, says Troy Utilities Manager Brian Chandler, but are not… read more By Jaine Treadwell The Colley Senior Complex and Troy Public Relations and Tourism will host a meet and greet book signing for Tonya Terry of WSFA News from 11 a.m. until 1 p.m. Wednesday at the senior center.  The public is invited.Terry’s book is titled “Sometimes Lessons Look Like Love.”“The book is really about love and friendship,” Terry said. “The idea came from a friend of mine, Amanda Granger from Webb. We were broadcast journalism majors at Troy State University. The way Amanda tells it is that, like oil and water, we did not mix.” Latest Stories By The Penny Hoarder Terry said she does not remember their friendship beginning that way but she loves the way her friend tells the story.As they shared stories of love and life, Granger got a good laugh from the story of when Terry thought she was in love but it turned out to be a lesson.“Amanda loved the story and said I should write a book and that should be the story – love turning out to be a lesson” Terry said. “I didn’t know if I had the time or the knowledge of the process. But we got it done.” Colley Complex, Troy Public Relations and Tourism to host Tonya Terry book signing The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Sponsored Content Skip Remember America’s heroes on Memorial Day “Sometimes Lessons Look Like Love” is a personal piece in which Terry shares lessons that she has learned in life, some lessons learned from love, others from solid advice from people she cares about.“It’s a small book and already I want to do it again,” Terry said. “I’m working to get another book done by my birthday in November.” Terry will share thoughts from her book and also take time to visit informally with guests at the book signing. Pike County Sheriff’s Office offering community child ID kits Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthRemember Them? I’m Sure Their New Net Worth Will Leave You SpeechlessbradofoThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Troy falls to No. 13 Clemson Email the author Print Article Book Nook to reopenlast_img read more

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Pioneer Days takes guest back to old times

first_imgLatest Stories Remember America’s heroes on Memorial Day There will be demonstrations of woodworking, rope making, woodstove cooking and other pioneer life skills.“The Rev. Ed Shirley will lead the singing in the log church and Don Renfroe will be here on Saturday to give wagon rides,” Barley said. “We’ll have food vendors and the picnic area will be open. Pioneer Days is a great opportunity to come out and visit the museum as the place comes to life – the pioneer life.”Admission for adults is $10; for seniors, $9; students age six through college, $8; and children ages five and under, free. Military and AARP discounts are available.The Pioneer Museum of Alabama is located on U.S. Highway 231 north of Troy. Sponsored Content Pioneer Days takes guest back to old times By Jaine Treadwell You Might Like Hurricane Nate rips through Pike County Tropical Storm force winds hit Pike County early Sunday morning, causing a large power outage in Brundidge and knocking down… read more “Although Friday is designated as school day, the general public is welcome,” Barley said. “The students are excited and, for many of them, it’s their first experience churning butter and seeing a blacksmith at work. Some people enjoy being here with the children and being a part of their first time experiences.”Bruce and Bernelle “Vernie” Brannen’s 2B Ranch Wild West Show is a favorite event of Pioneer Days for young and old alike, Barley said. “Everybody likes a cowboy and Bruce and Vernie showcase the Old West in fun and entertaining ways,” Barley said. “Using stories, poems and demonstrations, they bring back to life the days of the big Western cattle drives.” Email the author The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Published 3:00 am Tuesday, October 10, 2017 Activity is at a quickening pace and excitement is building as the Pioneer Museum of Alabama readies for one of its biggest events of the year — Pioneer Days. Kari Barley, museum executive director, said Friday and Saturday will be an opportunity to step back in time and experience life much as it was like during the early days of Pike County and all of Alabama.Friday is “school day” and about 500 students from 10 schools in Pike and adjoining counties will visit the museum. By The Penny Hoarder And just as exciting, is Al Bouler’s portrayal of Davy Crockett, the King of the Wild Frontier.“Al Bouler keeps the legend of Davy Crockett alive at Old Alabama Town in Montgomery,” Barley said. “He will have you believing that he is Davy Crockett.”The Brannens and Bouler will be at Pioneer Days both Friday and Saturday. “For the kids, there will be opportunities to churn butter, munch cornbread and sample sausage, sweep yards, go to school in a one-room school house, play old-time games, visit a smokehouse and sit up big and tall in the old, log church. Skip Plans underway for historic Pike County celebration Troy falls to No. 13 Clemson Pike County Sheriff’s Office offering community child ID kits Print Article Book Nook to reopen Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthGet Fortnite SkinsTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancellast_img read more

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Leadership Conference opens Friday at Troy

first_img Troy falls to No. 13 Clemson Latest Stories Congresswoman Sewell is in her fourth term representing Alabama’s 7th Congressional District. She is one of the first women elected to Congress from Alabama in her own right and is the first black woman to ever serve in the Alabama Congressional delegation.Sewell sits on the exclusive House Ways and Means Committee and the distinguished House Permanent Select Committee on Intelligence charged with the oversight of our national security.She is the Ranking Member on the Subcommittee on the Department of Defense Intelligence and Overhead Architecture, a key subcommittee on the House Permanent Select Committee on Intelligence.Speakers for the Saturday morning sessions include Melvin Carrington Smith, Sr., Dr. Khaalida T. Forbes and Dr. Dionne Rosser-Mims. Student speakers will be Dr. Forbes, Theo Moore and Chad Sanders. “We are confident that those who attend the 17th Annual Leadership Conference will leave with the tools needed to become even more effective leaders in their communities,” Jackson said. “And, they will be motivated and inspired to help move their communities forward.”The 17th Annual Leadership Conference is hosted by Troy University and the City of Troy. Dr. S.D. James is the conference chair.Adult registration is $30. Student registration is $15.For more information, contact Barbara Patterson at 334-670-3204 or Shelia Jackson at 334-670-2283. Email the author By Jaine Treadwell Penny Hoarder Issues “Urgent” Alert: 6 Companies Are… Georgia Congressman John Lewis and Alabama Congresswoman Terri A. Sewell will be the keynote speakers at the 17th Annual Leadership Conference at Troy University this weekend.Lewis will be the keynote speaker at the opening session at 7 p.m. Friday at Sartain Hall and Sewell will close the conference at the luncheon Saturday at the Trojan Center Ballrooms.Shelia Jackson, City of Troy public relations director, said it is an honor to have two such distinguished keynote speakers at the Leadership Conference. Print Article By The Penny Hoarder Leadership Conference opens Friday at Troy Book Nook to reopen Skip Pike County Sheriff’s Office offering community child ID kits Plans underway for historic Pike County celebration You Might Like Prosecutors appointed to handle investigation into TPD use of force Two prosecutors have been selected to take over District Attorney Tom Anderson’s role in an investigation of the Troy Police… read more “We would be very fortunate to have either Congressman Lewis or Congresswoman Terri Sewell speak at the Leadership Conference but to have both of them is more than we could have imagined,” Jackson said. “I don’t know of any two speakers that would be better received and whose messages would be more pertinent than these nationally known and acclaimed leaders.”Lewis, a native of Pike County, is an American politician and a prominent Civil Rights leader. He is the U.S. Representative for Georgia’s 5th Congressional District and has served since 1987. His district includes three quarters of Atlanta. He is the dean of the Georgia Congressional Delegation.“Congressman Lewis is a hometown hero,” Jackson said. “He has been called one of the most courageous people in the Civil Rights Movement. He has dedicated his life to protecting human rights and securing civil liberties. We are proud to welcome him back home.” Published 3:00 am Wednesday, January 31, 2018 Sponsored Content Remember America’s heroes on Memorial Day Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthGet Fortnite SkinsTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancellast_img read more

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Pet Photo Contest begins the dog days of summer

first_img Book Nook to reopen Remember America’s heroes on Memorial Day Pet Photo Contest begins the dog days of summer By The Penny Hoarder By Jaine Treadwell Pike County Sheriff’s Office offering community child ID kits Email the author “The Pet Photo Contest and Calendar are the Humane Society of Pike County’s major fundraisers,” Brockmann said. “Currently, we have again allocated $20,000 for our annual spay/neuter program, with $4,000 assigned to each of our five Pike County veterinary practices. This is a long-standing critical initiative of our society.”Brockmann said spaying and neutering is the most effective way to reduce the unwanted, unloved animal population on the planet. Print Article Skip The Penny Hoarder Issues “Urgent” Alert: 6 Companies… “Animal lovers and friends are encouraged to round up their favorite photos of their pets or take new ones and submit them to the Humane Society of Pike County’s 11th Annual Pet Photo Contest,” Brockmann said. “Each entry is only $10 and votes are only $1 each. The vote totals determine our cover calendar pet.”However, the pets with the 13 next highest votes will be honored as the monthly winners. There will be 52 weekly winners and the honorable mentions. All pets entered into the Pet Photo Contest will be pictured on the 2019 Pet Photo Calendar.There are two ways to enter a pet, by submitting online at www.pikehumane.org or picking up entry forms and leaving photos at Guynn’s Income Tax and Bookkeeping Service, Jinright’s Hillside Antiques, The Little Framery or Three Notch Antiques (formerly Troy Antiques), all in Troy.Photo entry deadline is Saturday, August 11. Voting deadline is 5 p.m. September 1. “This is our 11th year for the Pet Photo Contest and dogs and cats are running neck-in-neck as the front-runners of the contest,” Brockmann said. “Cats are in the lead, having won five times to four for the dogs. A pair of matching mules won one year. So the door is wide open this year for any pet to win.”However, dog lovers say, with the advent of the contest coming around “dog days,” that’s a positive omen for canines.But this could be the year for a dark horse to win because pets – furry, feathered, leather or otherwise – are eligible to enter the 2019 Pet Photo Contest. The winner will be the featured pet on the cover of the Humane Society of Pike County’s 2019 Pet Photo Calendar. If old-timers are right, then the dog days of Summer are just around the corner. Whether the 40 days of misery come in on July 25 or July 28 is debatable. Joe Ellis and Ovie Hughes would have argued the difference until the cows came home.But ask dog lovers in and around Pike County and they will say that dogs will have their day when a canine is, once again, featured on the cover of the Humane Society of Pike County’s 2019 Pet Photo Calendar.Donna Brockmann, humane society chair, said the society’s 2019 Pet Photo Contest is off and running. Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthBest 13 Fortnite Skins That You NeedTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Published 3:00 am Saturday, July 21, 2018 Plans underway for historic Pike County celebration Latest Stories You Might Like Chicken Shack named ‘Bama’s Best Fried Chicken’ The voting ended at midnight Thursday and it’s now official – the Chicken Shack in Luverne has been voted Bama’s… read more Troy falls to No. 13 Clemson Sponsored Contentlast_img read more

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‘World’s Largest Peanut Boil’ underway in Luverne

first_img The World’s Largest Peanut Boil has changed greatly over the years. The peanuts were first boiled in wash pots, 40 pounds at a time. Now, they are boiled in vats, 720 pounds at time.But, no matter how they peanuts are boiled and no matter how long the lines or the wait, they are the best boiled goobers on the planet, said Faye Johns, of Montgomery.“We drive down to Luverne every year to get boiled peanuts,” she said. “These peanuts cannot be beaten. There’s something about the flavor. They are just the best boiled peanuts you’ll ever eat.”She bought enough for her own pleasure and a few bags to take to a friend who lives in Memphis, Tennessee. Johns believes, as many do, that the Crenshaw County Shriners’ peanuts do have a special flavor – flavor that comes when peanuts are boiled with love and a purpose. Print Article Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthTop 4 Methods to Get Fortnite SkinsTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Plans underway for historic Pike County celebration Latest Stories Sponsored Content You Might Like Residents voice rural transportation needs Amy Minor, head nurse at Troy Regional Medical Center, has concerns about transportation to the hospital for patients without a… read more Remember America’s heroes on Memorial Day On Labor Day Weekend, all roads lead to the World’s Largest Peanut Boil in Luverne.But, those who wait until Labor Day to make the trek to the state’s Friendliest City just might be disappointed.The Crenshaw County Shrine Club will boil 30 tons of peanuts and parch another ton over the weekend, but based on past experience, that might not be enough goobers to last through Labor Day. Book Nook to reopen Penny Hoarder Issues “Urgent” Alert: 6 Companies Are…center_img “We always hope to have enough peanuts to make it to Labor Day,” said Shriner Andy Compton. “We usually make it through Sunday but we have given out before Labor Day.”Some customers buy a bag or two while others “tote ’em out in sacks.”“The folks up at the highway department bought $800 worth and we were glad to sell ’em,” he said. “The Crenshaw County Shriners have been selling peanuts for 48 years and we are looking forward to our 50th year celebration.”Sibyl Dorsey stood watching the crowd of customers and eating peanuts like they were sugar candy. Email the author ‘World’s Largest Peanut Boil’ underway in Luverne By Jaine Treadwell “I was here that first year, when we boiled peanuts to help a burned child in the local area,” Dorsey said. “There was no club that year. We just all got together and dug the peanuts, picked them off by hand and boiled them in a wash tub. I don’t know how many peanuts we boiled, but nothing anywhere like today.”Glen Mothershed has been involved with the World’s Largest Peanut Boil for all 48 years. His specialty is parched peanuts, a ton or more of them each year.“One year, a lady from up north came and wanted roasted peanuts. Not parched. Roasted,” Mothershed said. “I just turned my back and put a big letter R on the bag and that made her happy.”Mothershed isn’t offended that boiled peanuts outsell his parched nuts by 29 tons.“The parched ones are just as good but they are hard and people don’t want to have to put forth effort to chew them,” he said, with a smile. By The Penny Hoarder Published 3:00 am Friday, August 31, 2018 Troy falls to No. 13 Clemson Pike County Sheriff’s Office offering community child ID kitslast_img read more

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‘Plaid PALS’ organized at Noble Manor

first_img By The Penny Hoarder Law said membership in Plaid PALS is open to those who are committed to having endless, ageless fun at every opportunity to improved physical, mental and spiritual wellness.“The requirements for membership in Plaid PALS is simple,” Law said. “To be a member, you must attend and participate in the meetings, wear something plaid and come to have fun.”All of the residents agreed to do just that and then the fun began. And, what’s fun without food? The ladies laughingly toasted the New Year and their membership into Plaid PALS with faux-fun Champaign and fun cookies then signed on the dotted line their intent to have ageless fun at every opportunity and then enjoyed the fellowship of their Plaid PALS.Law said all activities held by or for the members of Plaid PALS must comply with rules set forth by the Alabama State Board of Health. Email the author Plans underway for historic Pike County celebration “All of our meetings will be led by the Noble Manor staff, student interns and/or volunteers,” Law said. The meetings will be held the last Tuesday of each month. The December meeting of each year will be designated the annual meeting of the Noble Manor Plaid PALS.”Law said at that meeting members will renew their pledges to the Plaid PALS mission to have endless ageless fun at every opportunity.“All activities of Plaid PALS must be in support of the society’s mission to promote participation in leisure activities to achieve quality time during the ‘golden days,’” Law said. “And, that’s what our Plaid PALS are going to do.” Pike County Sheriff’s Office offering community child ID kits Sponsored Content Penny Hoarder Issues “Urgent” Alert: 6 Companies Are… Troy falls to No. 13 Clemson Published 9:08 pm Thursday, January 2, 2020 Book Nook to reopencenter_img You Might Like Police say no reports of attempted abduction in response to social media post Troy police say they have not received any reports related to a circulating social media post describing an attempted abduction… read more Latest Stories Skip The residents at Noble Manor sat around with pointed caps on their heads and grins from ear-to-ear. That’s what you do when you are invited to have fun including doing things that are a little on the silly side.“As Plaid PALS, that’s what we are going to do, just have fun,” said Dale Law, who along with her husband, Jimmy, owns and operates Noble Manor Assisted Living Center in Troy. “PLAS is an acronym for Perpetual Ageless Leisure Society and we are looking forward to having endless, ageless fun at Noble Manor.”The residents had come together for the organizational meeting of Plaid PALS and they came prepared for membership. They came wearing plaid or warmly wrapped in plaid lap blankets.“We came to join and to have fun,” said resident Myra Wilson. The other residents nodded in agreement. Remember America’s heroes on Memorial Day By Jaine Treadwell ‘Plaid PALS’ organized at Noble Manor Print Article Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Patriot Health ZoneHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential Health32-second Stretch Ends Back Pain & Sciatica (Watch)Healthier LivingThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancellast_img read more

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Three people drown in rip currents at North Carolina beaches

first_imgTongRo Images(RALEIGH, N.C.) — Dangerous rip currents proved deadly on Saturday as three people drowned at beaches in North Carolina.Two of the deaths happened at different beaches in Brunswick County, while a third happened just miles north in New Hanover County. Brunswick County is located in southern North Carolina on the border with South Carolina and just across the state line from popular tourist spot Myrtle Beach, South Carolina.A 20-year-old man died after being swept away by a rip current off Sunset Beach at about 2 p.m. Saturday, according to Raleigh ABC affiliate WTVD-TV. Beachgoers had already begun performing CPR on the man before emergency responders arrived.He was taken to Novant Brunswick Medical Center in Bolivia, where he was pronounced dead.Another man, about 40 years old, drowned at Holden Beach — about 25 miles up the shore — while trying to help someone get free from a rip current, officials told WTVD-TV. The other person was safely brought to shore.A third swimmer died at Wrightsville Beach in neighboring New Hanover County, which includes Wilmington, at 11 a.m. on Saturday, according to the Wilmington Star News. Lifeguards pulled the man out of the ocean, but he was already not breathing, Wrightsville Beach Fire Chief Glen Rogers told the paper.There was a moderate rip-current warning in place for most of the coast of North Carolina over the weekend.Copyright © 2018, ABC Radio. All rights reserved.last_img read more

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Double murder suspect captured, ending manhunt in Tennessee

first_imgTennessee Bureau of Investigation(MONTGOMERY COUNTY, Tenn.) — A desperate manhunt came to an end Friday morning as authorities announced the capture of a double murder suspect.The Montgomery County Sheriff’s Office announced Friday that Kirby Gene Wallace, 53, who was wanted for killing two people, was in custody.“Wallace is in custody,” the office tweeted.The Tennessee Bureau of Investigation tweeted a photo showing Wallace in custody.Wallace was wanted for allegedly killing a 63-year-old woman on Sept. 23, authorities said.He’s also wanted for allegedly shooting a man to death and stealing his truck in Montgomery County, according to The Tennessean.He also held a woman in her 80s who was returning home from church at knifepoint, authorities said. He forced her into her home, where — this time at gunpoint — threatened her and tied her to her bed before fleeing in her vehicle, according to the Montgomery County Sheriff’s Office.Authorities had offered a reward of $17,500 for information leading to his capture.Copyright © 2018, ABC Radio. All rights reserved.last_img read more

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CA woman arrested for allegedly lying about firefighter husband to get donations: Police

first_imgOrange County Sheriffs Department(LOS ANGELES) — Police have arrested a Southern California woman who allegedly posed as the wife of a firefighter to swindle donors out of thousands of dollars in cash and goods.Ashley Bemis, 28, was arrested Tuesday on felony burglary charges in the wake of a months-long investigation into her collections from unwitting donors.She’s accused of telling people on Facebook that her husband was battling a massive wildfire and requested donations in his honor, according to the Orange County Sheriff’s Office.“My Shane works for Cal Fire and is out on the Holy Fire right now,” she allegedly wrote on Facebook, according to court documents. “I also have two other family members and many friends out on this fire and other fires burning here in California. I received a text today from Shane saying it’s pretty much a living hell out there battling the unpredictable ‘Holy Hell Fire.’”“I wanted to put it out there to everyone and say I will happily meet you and pick up any donation to the firefighters and first responders that are on the front lines right now,” the post allegedly continued.Investigators said Bemis is not married to a firefighter.“San Clemente Police Services investigators suspect that Bemis created the fictitious husband with the intention of soliciting donations to defraud victims,” the Orange County Sheriff’s Department said in a statement Tuesday. “They also became aware, through additional social media posts from members of the community, of past fraudulent activity by Bemis, including multiple prior faked pregnancies in an attempt to illegally obtain money from unsuspecting victims.”“Bemis is suspected of collecting more than $2,000 in donations, both cash and items like socks, sports drinks, water, and camping equipment, from individuals, stores and companies,” it added.Sheriffs said they’d previously discovered more than $11,000 in donated cash and goods at her home.Police began investigating her in September when suspicious social media users told officers that she had misrepresented herself to “obtain free items from caring people by making them feel sorry for her,” according to a search warrant obtained by the Orange County sheriff.Bemis was booked on charges of felony grand theft, second-degree burglary, witness intimidation and making false financial statements, according to police.She’s being held on $50,000 bail. It’s unclear whether she’s obtained an attorney.Copyright © 2018, ABC Radio. All rights reserved.last_img read more

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Man allegedly stabbed wife to death, threw her body out in the trash, police say

Broward Sheriff’s Office(SUNRISE, Fla.) — A Florida man allegedly stabbed his wife to death after she refused to let him move back in, and then threw her body out in the trash and left it to be picked up by the garbage truck, according to police.Joseph Traeger, 50, of Sunrise, was arrested Thursday night in connection with the Nov. 28 killing of Jeneen Catanzaro, according to the Sunrise Police.The case began as a missing persons investigation.Traeger called 911 on Dec. 2 to report his wife missing and told police he last saw her the morning of Nov. 29 when he left for work, according to the probable cause affidavit. Catanzaro’s mother told police she had not heard from her daughter since Nov. 27.Traeger told police they were married for 10 years, but were arguing over financial problems and faced “marital problems over the past year due to his heroin addiction,” documents said.Catanzaro had filed two domestic battery reports against her husband this year, the probable cause affidavit said.Traeger’s stepfather told police he had been warning Catanzaro about Traeger’s “violent behavior” for over a month, the probable cause affidavit said. The stepfather told police “he made Jeneen promise to call every morning when she woke up so he would know that she was alive,” the document said.Traeger first told investigators that Catanzaro told him to move out in October, but at her request, he moved back into the house on Nov. 28, documents said. He said he left for work the morning of Nov. 29, and then his wife vanished, the documents said.But police said video surveillance from the neighborhood showed Catanzaro come home on Nov. 27 and never leave the house again, documents said.On Monday, Traeger told investigators that his wife died accidentally; he said he saw her lying in a pool of blood on the kitchen floor, so he assumed she had a seizure and died from hitting her head, the probable cause affidavit said.Traeger told investigators he “panicked” and didn’t want to call police and “be blamed for killing her,” so he put her in trash bags and into the garbage bin for pickup, the probable cause affidavit said.Once the trash was picked up, Traeger said he went to a casino for the rest of the day.On Thursday, Traeger admitted to authorities that the story about finding his wife on the kitchen floor was a lie, the probable cause affidavit said.Traeger said he asked his wife if he could move back in, and when she refused, she grabbed the phone to call 911 because he wouldn’t leave, the probable cause affidavit said.Traeger told police he “snapped” and stabbed her with a knife, the probable cause affidavit said. Her body was later found in a landfill, the Sun-Sentinel reported.Traeger was charged with homicide, making a false report and destroying or tampering with evidence. It was unclear if he had an attorney.Copyright © 2018, ABC Radio. All rights reserved. read more

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Two boys charged for allegedly throwing rock from side of road, seriously hurting driver

first_img(Boone County Sheriff) The Boone County Sheriff’s Office released images of this rock that authorities say two teenage boys threw at a Kentucky roadway, seriously injuring a driver. (BURLINGTON, Ky.) — Two teenage boys were arrested and accused of throwing a rock from the side of a Kentucky roadway, seriously injuring a driver, authorities said.William Wehner, 64, was driving on KY-237 in Burlington on Saturday night when a large rock was thrown through his windshield, according to the Boone County Sheriff’s Office.Wehner was seriously injured but was able to pull off the road, the sheriff’s office said.The rock “got him on the right side of his face, just missed his eye,” the victim’s brother, Randy Wehner, told ABC Cincinnati affiliate WCPO. “If it was just a few inches higher, it could have been a whole lot worse.”William Wehner was treated for facial injuries at the University of Cincinnati Medical Center, the sheriff’s office said.The two boys, ages 14 and 15, are accused of two rock throwing incidents that night, including the one that hurt Wehner, authorities said.The 14-year-old was charged with first-degree assault and second-degree criminal mischief and the 15-year-old was charged with first-degree complicity to assault and second-degree criminal mischief, authorities said.The boys, who both live in Burlington, were taken to the Campbell Regional Juvenile Detention Center in Newport, Kentucky, the sheriff’s office said.The driver will need reconstructive surgery, which “speaks to the degree of danger involved in these pranks,” Maj. Tom Scheben, Boone County Sheriff’s spokesman, told ABC News in an email.“One might argue that at ages 14 and 15 years old the boys simply didn’t comprehend the consequences of their actions,” Scheben said. “But thank goodness they are not representative of most boys of that age group.”Copyright © 2019, ABC Radio. All rights reserved.,(Boone County Sheriff) The Boone County Sheriff’s Office released images of this rock that authorities say two teenage boys threw at a Kentucky roadway, seriously injuring a driver. (BURLINGTON, Ky.) — Two teenage boys were arrested and accused of throwing a rock from the side of a Kentucky roadway, seriously injuring a driver, authorities said.William Wehner, 64, was driving on KY-237 in Burlington on Saturday night when a large rock was thrown through his windshield, according to the Boone County Sheriff’s Office.Wehner was seriously injured but was able to pull off the road, the sheriff’s office said.The rock “got him on the right side of his face, just missed his eye,” the victim’s brother, Randy Wehner, told ABC Cincinnati affiliate WCPO. “If it was just a few inches higher, it could have been a whole lot worse.”William Wehner was treated for facial injuries at the University of Cincinnati Medical Center, the sheriff’s office said.The two boys, ages 14 and 15, are accused of two rock throwing incidents that night, including the one that hurt Wehner, authorities said.The 14-year-old was charged with first-degree assault and second-degree criminal mischief and the 15-year-old was charged with first-degree complicity to assault and second-degree criminal mischief, authorities said.The boys, who both live in Burlington, were taken to the Campbell Regional Juvenile Detention Center in Newport, Kentucky, the sheriff’s office said.The driver will need reconstructive surgery, which “speaks to the degree of danger involved in these pranks,” Maj. Tom Scheben, Boone County Sheriff’s spokesman, told ABC News in an email.“One might argue that at ages 14 and 15 years old the boys simply didn’t comprehend the consequences of their actions,” Scheben said. “But thank goodness they are not representative of most boys of that age group.”Copyright © 2019, ABC Radio. All rights reserved.last_img read more

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Manhunt intensifies for armed, Columbine-obsessed teen who threatened local schools

first_imgSol Pais is armed and dangerous. We are operating out of an abundance of caution. The threat is not isolated to one school or individual. Federal, state, and local law enforcement are working together to keep our community safe. Tip Line: 303-630-6227. Media Line: 303-630-6427. pic.twitter.com/KENVT1kEK3— FBI Denver (@FBIDenver) April 17, 2019Copyright © 2019, ABC Radio. All rights reserved. Marc Piscotty/Getty Images(DENVER) —  A manhunt is intensifying for an armed teenager allegedly obsessed with the Columbine shooting making threats to schools in the Denver area, according to authorities.The 18-year-old woman, Sol Pais, traveled this week from Miami — where she attends high school — to Colorado, where she bought a pump-action shotgun and ammunition, Dean Phillips, special agent in charge of the Denver FBI, said Tuesday night.She has allegedly expressed an infatuation with the 1999 shooting at Columbine High School in Littleton, Colo.; because of her comments and actions, she’s considered a credible threat to the community, Phillips said.The Jefferson County Sheriff’s Office called Pais “extremely dangerous.” She was last spotted in the foothills west of Denver, officials said Tuesday night.This Saturday will mark 20 years since the Columbine massacre. On April 20, 1999, two students opened fire at Columbine High School, murdering 12 classmates and a teacher before killing themselves.In the wake of the threats, Denver public schools are closed Wednesday, as well as public schools in Jefferson County, which encompasses Columbine High School.Public schools are also closed Wednesday in nearby Littleton, Cherry Creek, Douglas County and Aurora.The threat is not isolated to one school or individual, police said.Schools in the Denver area were placed on lockout as a precaution on Tuesday. Students were later released and no one was injured.Pais is a senior at Miami Beach Senior High School in Miami, Fla. The Miami-Dade County Public Schools said it is “fully cooperating” with the search in Colorado for the teenager.“There is no immediate threat to Miami-Dade Schools. However, in an abundance of caution and as a matter of prevention, we have heightened our alert systems and have disseminated information regarding this individual, including her picture, to all schools throughout the District,” Miami-Dade schools said in a statement on Wednesday. “Law enforcement officials are conducting a comprehensive background check on this student. Based on initial information, she has not been the subject of any investigation. We will continue to remain vigilant throughout this process. We encourage you to do the same.”Pais stands at about 5 feet 5 inches tall and was wearing a black T-shirt, camouflage pants and black boots, authorities said.Anyone with information is asked to call the FBI tipline at (303) 630-6227.last_img read more

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Strong storm system moving toward East Coast with more flash flooding possible

first_imgABC News(NEW YORK) — Heavy rain fell overnight, stranding cars in flooded streets in the Philadelphia metro area. The rain was a precursor to another day of wet weather up and down the East Coast. Areas just south and east of Philadelphia got a whopping 4 to 6 inches of rain since Wednesday. In addition, severe storms caused damage in several parts of the country Wednesday night, including a possible tornado in Greenville, Texas, and damaging winds up to 70 mph in Little Rock, Arkansas. Finally, the stagnant stationary weather pattern will begin to move on Thursday, with more heavy rain and severe storms moving from the Midwest into the Northeast Thursday.Flash flood watches remain in place Thursday morning from Illinois to New Jersey.There are over 52 million people at risk for more severe storms Thursday, including along the East Coast from New York to Georgia and Alabama. The area will see damaging winds, hail and even a few tornadoes.Severe storms are also possible in the Plains Thursday, from Colorado to Iowa, where damaging winds and hail will be the biggest threat, but a tornado is possible.Copyright © 2019, ABC Radio. All rights reserved.last_img read more

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Medical supplies seized from alleged price gouger to be distributed to hospitals

first_imgKameleon007/iStock(NEW YORK) — Hundreds of thousands of masks and other pieces of medical equipment seized from a Brooklyn man will be distributed to medical workers on the front lines treating novel coronavirus patients in New York and New Jersey, the Justice Department and Department of Health and Human Services announced Thursday.According to the DOJ, the equipment includes roughly 192,000 N95 respirator masks, nearly 600,000 medical gloves, 130,000 surgical masks, procedure masks, N100 masks, surgical gowns, disinfectant towels, particulate filters, bottles of hand sanitizer and disinfectant spray.Prosecutors say 43-year-old Baruch Feldheim hoarded the supplies in order to take advantage of the COVID-19 crisis and was selling them to doctors and nurses at prices as much as 700% above market value.When FBI agents confronted Feldheim on Sunday about the sales, he allegedly coughed in their direction and told them he had coronavirus.Feldheim was charged with assault of a federal officer, as well as lying to investigators for allegedly deceiving them when they asked him about the equipment. Feldheim has not yet entered a plea to the charges and an attorney assigned to his defense did not immediately respond to a request for comment to ABC News on Thursday.According to HHS, Feldheim will be paid at market value for the equipment being distributed to the New Jersey Department of Health, the New York State Department of Health and the New York City Department of Health and Mental Hygiene.The quick distribution of the materials, which typically would be processed and held as evidence for longer period, was made possible after HHS invoked emergency authorities under the Defense Production Act.“If you are amassing critical medical equipment for the purpose of selling it at exorbitant prices, you can expect a knock at your door,” Attorney General William Barr said in a statement on the case.The DOJ is encouraging Americans who learn of hoarding or price gouging of medical supplies during the COVID-19 pandemic to report it to the National Center for Disaster Fraud by dialing 1-866-720-5721 or email [email protected] Copyright © 2020, ABC Audio. All rights reserved.last_img read more

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Probe of Jacob Blake police shooting in final stages, says Wisconsin AG

first_imgvmargineanu/iStockBy IVAN PEREIRA, ABC News(KENOSHA, Wis.) — Investigators in Wisconsin said Monday they are in the final stages of their probe of last month’s shooting of Jacob Blake by a Kenosha police officer, and that their report will be reviewed by an experienced third party.Wisconsin Attorney General Josh Kaul and Kenosha County District Attorney Michael Graveley announced that retired Madison Police Chief Noble Wray will analyze their report of the Aug. 23 incident and provide further input before any charges are made.“Noble Wray is a longtime Wisconsin resident and a widely respected retired Madison police chief who has extensive experience in law enforcement, including experience at the national level as a police reform specialist for the U.S. Department of Justice,” Kaul said in a statement about Wray, who is Black.Wray noted at a news conference that he was part of the investigation into the 2014 police shooting of Tamir Rice in Cleveland. He told reporters that he had seen the video of Blake’s shooting, calling it “graphic,” but said that he has not “pre-judged” the case.The report, from the Wisconsin Department of Justice Division of Criminal Investigation, will not include recommendations for charges against Officer Rusten Sheskey, who is accused of shooting Blake.“Chief Wray’s analysis will assist the district attorney in his review of the facts and their relationship with standard law enforcement practices as he makes a charging decision,” the attorney general’s office said in a statement.In video taken on Aug. 23, Blake, a 29-year-old Black man, was seen being shot seven times in the back by Sheskey, 31, who was one of a group of officers responding to a domestic violence call. An unidentified woman called 911 claiming her boyfriend was at her premises and not supposed to be there, according to the Wisconsin Department of Justice Division of Criminal Investigation. Footage of the incident showed the moments when Sheskey, who is white, shot Blake in the back.Investigators haven’t said if Blake was the subject of the complaint.Officers contend they tried to arrest Blake and used a Taser on him, but he walked to his car and tried to get into the driver’s seat. Ben Crump, an attorney representing Blake and his family, said the 29-year-old was helping to deescalate a domestic incident when police drew their weapons and used the Taser.Blake is paralyzed from the waist down and may never walk again, according to his family. All of the officers involved in the incident have been placed on administrative leave as investigators look into the situation, but as of Monday, no charges were announced against them.News of Blake’s shooting sparked more protests throughout the country against police violence and discrimination against the Black community. Demonstrations in Wisconsin turned deadly in Kenosha after a 17-year-old Illinois resident, who was armed with an assault rifle, allegedly fatally shot Joseph Rosenbaum and Anthony Huber, and allegedly wounded Gaige Grosskreutz on Aug. 25.Kyle Rittenhouse was charged with homicide and is awaiting trial for the shootings, which were partially filmed by bystanders.Copyright © 2020, ABC Audio. All rights reserved.last_img read more

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New York couple accused of attacking Black hotel clerk appear in court amid protests

first_imgiStock/ChiccoDodiFC(NEW YORK) — A New York couple accused of beating a Black hotel clerk in Connecticut blew kisses and appeared to dance in front of protesters as they arrived to court Wednesday.Philip Sarner and Emily Orbay were captured on surveillance video hitting and kicking Crystal Caldwell, a hotel clerk at the Quality Inn in Mystic, Connecticut, on June 26 last year.Video of the attack appears to show Sarner and Orbay approach Caldwell near an ice machine. Sarner appears to punch Caldwell, shove her to the ground and kick her head. Orbay appears to hit Caldwell’s head.Caldwell’s attorney, M. John Strafaci, told ABC News the incident took place after the couple complained about an issue with hot water.They now both face charges of intimidation due to bias and assault in the attack that Caldwell claims was racially motivated.“During the assault, he was making racial comments and slurs, calling her a monkey,” Strafaci alleged.Sarner also faces a further charge of harassment for allegedly making harassing phone calls to Strafaci.Sarner and Orbay, from Long Island, New York, were arrested last July in Brooklyn for their alleged role in the attack, according to The Hartford Courant.They appeared at New London Superior Court in Connecticut for a hearing Wednesday, where they were met by a group of protesters who chanted, “Hey hey, ho ho, these racist folks have got to go,” local ABC affiliate WTNH-TV reported.Sarner appeared to raise his hands and dance, while Orbay blew kisses to the protesters.“He has no remorse. The only thing he sorry about is that he was caught,” Strafaci said about Sarner after the couple’s interactions with protesters at the courthouse.“It’s one of the most vicious assaults that I’ve seen,” he added. “Just a situation where you have a lady who’s working at a hotel [who] hasn’t done anything to deserve it.”Strafaci said Caldwell sustained head injuries, an eye injury and a severe concussion following the incident, and she may require surgery. He said she also suffers from post-traumatic stress disorder and continues to have nightmares about the assault.“It’s gonna be a long, long time that I don’t stop dreaming about his stepping and kicking, stepping on my head. It’s going to be a long time,” Caldwell told WTNH-TV outside the courthouse.The state’s attorney’s office offered a plea deal to Sarner and Orbay on Wednesday. If they plead guilty to all charges, Sarner would be sentenced to nine years in prison, suspended after five years served, and three years probation. Orbay would be sentenced to six years behind bars, suspended after two years, followed by three years probation, Strafaci said.The couple is due back in court in July to either accept or reject the plea deals.Sarner and Orbay’s attorney Kevin Smith did not reply to ABC News’ request for comment. Smith said last August, “We obviously would dispute the nature of the assault,” when arguing for reduced bond for the couple, according to The Day. Copyright © 2021, ABC Audio. All rights reserved.last_img read more

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New Deal shake-up as DfEE acts on feedback

first_imgThe Government has announced a belated series of measures to tackleemployers’ complaints about the New Deal.The shake-up of the scheme, announced by employment minister Tessa Jowelllast week, will aim to ensure new dealers have basic life skills.The move comes a year after the Department for Education and Employmentdenied employers had a problem with the suitability of New Deal candidates.A DfEE spokeswoman said the focus switched after ministers learned that fourin 10 joining do not have basic numeracy and literacy. She denied that it hasbeen slow to address the issue.The problem was underlined in a report last week by Incomes Data Services,which said that being sent “unsuitable candidates” was one of themost common complaints about the scheme.Personnel Today reported last year that major employers took on fewercandidates than hoped because the calibre was so poor (4 March 1999).Labour’s London Mayor candidate Frank Dobson this month said the training systemfor young people “is not delivering”. Other changes announced last week include more consultation with employers,job coaches in companies to support new dealers and outreach programmes totarget ethnic minorities and areas of high unemployment.Employers which have made a success of the New Deal have often used suchmeasures.Supermarket chain Asda, which took on 227 New Deal staff between October1998 and October 1999, plans to fill 6,000 vacancies and will continue tio usethe New Deal.Marie Gill, Asda head of colleague relations, said, “We work closelywith job centres so that they understand the sort of candidate we want, andthat is important to make it successful.”Asda has recruited more older people through the scheme than from those agedunder 25, the original target group.By Dominique Hammondwww.dfee.gov.uk Comments are closed. New Deal shake-up as DfEE acts on feedbackOn 18 Jan 2000 in Personnel Today Previous Article Next Article Related posts:No related photos.last_img read more

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Jowell in New Deal skills pledge

first_imgNo one will leave the New Deal gateway scheme without literacy and numeracyskills, the Government pledged last week. Minister for employment Tessa Jowell made the promise at the employmentsub-committee of the House Of Commons.It follows the embarrassing admission by the Government that four in 10 NewDeal recruits have problems with reading or arithmetic (Personnel Today, 18January). Last year ministers denied that employers had difficulty with thecalibre of recruits.Jowell did not give details on how the target would be met.But she acknowledged that “an enormous amount of investment” wouldbe needed.”Do not underestimate how much more disadvantaged the people we are nowdealing with are,” she told MPs.Paul Bivand, researcher at the Unemployment Unit and Youthaid – anindependent body that monitors the New Deal – said the challenge for theEmployment Service will be to identify the trainees most in need of help.”There was a feeling among employers that a lot of people who gotsubsidised jobs were further away from job readiness than expected,” hesaid.”People in the Employment Service have since been trained to identifythose people earlier which means they can be given basic training before theyreach an employer.” Comments are closed. Previous Article Next Article Jowell in New Deal skills pledgeOn 1 Feb 2000 in Personnel Today Related posts:No related photos.last_img read more

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More men would bed boss to get ahead

first_img Previous Article Next Article More men would bed boss to get aheadOn 20 Mar 2001 in Personnel Today Men aremore likely to sleep with their managers to secure promotion at work, accordingto a survey by online recruitment agency PlanetRecruit. Ofthe men questioned, 72 per cent said they would be prepared to have sex with theirboss if it would secure promotion. Less than a third of the women said theywould do so. PlanetRecruitsurveyed 450 people using its website to find out how they have tried to getahead at work.Again,more men (62 per cent) than women (38 per cent) said they were happy to resortto character assassination to secure better jobs. Furthermore, 70 per cent ofmen were happy to take credit for someone else’s work. MeganHayes, the report author at PlanetRecruit, said, “An interesting observationfrom the finding was that the male respondents tended to be much moreaggressive in their anti-PC stance, with women feeling more comfortableemploying less obvious or more underhand career-enhancing tactics.”Morewomen (54 per cent) than men were prepared to moan and gossip to win thesympathy vote of their colleagues and undermine their bosses.www.planetrecruit.com Comments are closed. Related posts:No related photos.last_img read more

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Fire fails to dampen team spirit

first_imgFire fails to dampen team spiritOn 5 Jun 2001 in Personnel Today City University’s HR manager Daphne Bates has described how her team haspulled together after a massive fire that caused £6m damage at the university. The roof and the fifth floor of the London building were destroyed by theblaze on the evening of 21 May. It made the HR department on the third flooruninhabitable. But within two days the 13-strong HR team managed to restore fulloperations. They retrieved paper files from the office so they could issuecontracts and deal with problems. Computer records were saved on a main server.They are now working out of one of the students’ computer units. Bates said, “It is an absolute nightmare – the accommodation is far tootiny. We are sharing seven computers at the moment. “But the group has been brilliant – it has made me realise what atremendous department I have.” www.city.ac.uk Related posts:No related photos. Comments are closed. Previous Article Next Articlelast_img read more

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RBS’ index scheme compares its HR staff with rivals

first_img Previous Article Next Article Comments are closed. RBS’ index scheme compares its HR staff with rivalsOn 16 Oct 2001 in Personnel Today The Royal Bank of Scotland is piloting an HR benchmarking service that willhelp it measure the effectiveness of its HR function against its competitors’. HR Index has been launched by global professional services firm Andersen andHR consultancy group EP-First and allows users to access benchmarkingstatistics online or carry out a comparison of their own organisation. Greg Aitken, HR strategy development manager for RBS, said, “Theavailability of comprehensive and up-to-date benchmarking data plays animportant part in supporting our business. “As part of our HR measurement strategy, benchmarking helps usdemonstrate the link between effectiveness of human capital and the creation ofsuperior stakeholder returns. “HR Index will mean we can get instant access to reliable data from awide range of sources and we look forward to piloting this.” Brett Walsh, a partner at Andersen and head of the UK human capitalpractice, believes the index will help HR professionals measure their impact onbottom-line performance. www.hrindex.andersen.com Related posts:No related photos.last_img read more

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Scaling the learning curve

first_img Comments are closed. Scaling the learning curveOn 1 Mar 2003 in Personnel Today Previous Article Next Article E-learning has great potential but is no ‘plug and play’ solutionsays MartynSloman of the CIPDThe term e-learning first appeared inarticles and at conferences in 1999 and its use has grown exponentially. Ofcourse, the use of technology in training has a much longer history, butopportunities arising from universal internet/intranet access were seen assomething else from the outset. So how is it doing?It now seems to be accepted that, to date, e-learning hasdemonstrated more potential than actual performance. True, some organisationsare achieving real efficiencies, reflected in considerable cost savings. But simply making e-learning general products available tounsupported volunteer learners and hoping that something will happen just willnot do. Here at the Chartered Institute for Personnel and Developmentwe have just completed a study of 10 organisations committed to e-learning. Weasked them what is currently on their e-learning agenda? What strategies arethey employing? What are the problems and how are they overcoming them? Whatadvice would you give them?The overall message is encouraging. All believe e-learning hasan important role to play. They identified considerable opportunities to usee-learning to make a significant impact on business objectives.However, the study showed there is no universal blueprint forintroducing e-learning into organisations. It seems every organisation needs toprogress along its own learning curve in order to make e-learning work. In theCIPD study, six areas were identified as needing specific attention in thedesign and implementation process: strategic intent, introducing the system,blended learning, content, supporting the learner and measurement andmonitoring. If due attention is not given to all these areas, it seems unlikelythat organisations will be able to implement e-learning effectively. The bad news then, to use an analogy from consumer technology, is thate-learning is not ‘plug and play’. E-learning must be reconfigured to meet theparticular circumstances of the organisation. We were, however, able to produce16 statements (see downloadable report below) as a result of the study, whichtogether constitute today’s received wisdom on implementing e-learning. We all want e-learning to achieve its massive potential. Progress, is nothelped, however, by over-hype and over-promotion. Real progress will come fromthe considered and determined efforts of training professionals working toovercome the demanding problems of e-learning implementation. Martyn Sloman is adviser, learning, training and development of the CIPD.The conclusions, and analysis of the six areas and the good practice statementsfrom the CIPD report are available as a Change Agenda entitled The LearningCurve, downloadable free of charge from www.cipd.co.uk/changeagendas Related posts:No related photos.last_img read more

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Coaching is proving its worth

first_img Previous Article Next Article Related posts:No related photos. The improvements coaching can bring to employee satisfaction and betterteamworking are now well established. However, latest research from the USshows there aren’t just soft gains to be made, but tangible monetary benefitstoo. A study by MetrixGlobal evaluated the reactions of managers in a telecomscompany to what they had learned and how they applied it. Researchers evaluatedwhat impact managers’ changes in behaviour had on the business, and calculateda staggering 529 per cent return on investment from executive coaching. Coaching remains a popular choice among management development programmes,but it can be a long, often personal process. We ask readers how they think ROIfrom coaching can be measured. Philippe RosinskiExecutive coach and author of Coaching Across CulturesOne of the models I use is a ‘globalscorecard’. It includes the classic indicators of business success – financialmeasurements such as growth, profitability and share price – but also looks atthe behavioural criteria of success. It is not enough to just define a set of objectives and look athow those different objectives interact. More companies are looking for coacheswho do not focus solely on the leadership/behavioural side or solely on thebusiness side, but can offer help in integrating both perspectives.Dr Merrill AndersonChief executive, MetrixGlobalOrganisations need to ask twoquestions – is coaching producing the value, in monetary terms, that we need?Then, how best can we adapt coaching to our own company’s needs and values?Once a company has done that, they don’t need to do it again. Monetary valuemust be included in the discussion about value.Each coaching relationship is unique, private and – unless theclient agrees – not to be shared. But the organisation needs to manage thecoaching process. I believe what is most effective is when performancemeasurement is built right into the coaching process. Conduct a survey in thefirst month, for example, to see how things are going and if there are anyinterpersonal factors between the coach and client.Myles DowneyDirector of studies, School of CoachingThere are certain organisations thatwon’t employ coaches unless they have some psychological or psychiatric background.I think that’s dangerous – it tends to focus on behavioural issues and seems toforget coaching is essentially about achieving results. We are trying to get our clients to look at particular areas oftheir business that need to alter performance. Rather than train people ingeneric coaching skills, we are saying ‘how can these managers’ coaching skillshave an overall impact on the company?’Ruth GilbertManaging director, RGMC The key is to define the objectivesat the start in terms of productivity and retention. Coaching has become atrend, a fad, but there has to be a clear focus. In trading and brokering, forexample, you can measure by watching whether the employee meets or exceeds settargets. In law you can monitor their billable hours. Liz McgivernDirector of talent and performance management, ChiumentoIt’s perfectly respectable that theoutcomes of coaching should have some soft measures, but equally, you shouldlook for some harder ones. You can only do that by having a proper diagnosticup front. Is it about career coaching for the individual, focusing on aretention issue for the organisation? Are there behavioural issues? Is it jobspecific in terms of a particular skill that’s needed?If you have a balanced scorecard approach to performancemeasurement, you can break the business benefits down. It literally becomes abusiness planning process rather than just a personal development one, but thetwo are not mutually exclusive.Paul KearnsDirector, PWLOf all the training interventions,I’d say the one that least lends itself to ROI is coaching. Coaching is aboutimproving job performance and as long as you have some indication that that’shappening, you shouldn’t need to worry about the financial aspects. People buycomputers but don’t have to justify them financially to the business.ROI starts to become more of an issue for discrete projects. Ifyou’re in a continuous process of development such as coaching, you may nothave an obvious start and end point. If you’re going to get an externalorganisation to launch coaching initiatives, it’s more important to agree upfront what difference coaching should make to your organisation. FeedbackWhat do you think? If you have a topic you’d like to bediscussed on our Talking Points page, let us know in no more than 50 words.Send all correspondence to Stephanie Sparrow, Editor, Training Magazine, bye-mail: [email protected],fax: 020 8652 8805 or post: Training Magazine, 5th floor, Reed BusinessInformation, Quadrant House, The Quadrant, Sutton, Surrey SM2 5AS. Pleaseinclude full contact details so that we can get back to you. Comments are closed. Coaching is proving its worthOn 1 Jun 2003 in Personnel Todaylast_img read more

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HR strategy forum

first_imgRelated posts:No related photos. Askour experts. Personnel Today would like readers to send in their strategic HRdilemma. All questions will remain anonymous and will be forwarded to ourstrategy forum members, two of whom will provide step-by-step advice in themagazine. Send your dilemmas to [email protected] dilemma A major retailer which has lost significant market share is now on therebound. With 300 stores, the organisation has a new CEO, externally recruited.The market, investors and employees have high expectations. What is the newCEO’s vision? The CEO took over on 1 January and is about to announce the grand plan. Thiscentres on four key business imperatives: focus on fresh; maximise high margin,non-food sales – think ‘out of the box’ retailing; drive cost out of thebusiness – revolutionise the supply chain operations; and create a credible ownlabel younger-market clothing brand. The major issue is how to implement changes quickly, ensuring new businessprocesses are adapted and people processes are fully aligned. The organisation’s workforce is based on its traditional heartland: solid,highly loyal and experienced workforce. But there is a sense that this group isout of touch with the magnitude of change required and the desired customerbase. How can the organisation win over its traditional ‘grow-your-own’ managerialcadre with the new customer proposition? At the same time, the HR function is going through its own seismic change.It is largely transactional, hands-off rather than strategic. Given theproposition above, it feels under pressure to deliver. The former group HRdirector – an in-house incumbent with more than 15 years’ experience – resignedin December. A new external candidate starts next month. The HR leadership teamhas been transformed over the past 12 months and there has been a majorrestructuring. Questions to be addressed: – Given the turmoil within HR, how can the department deliver to thebusiness? – How can the organisation measure the expected return on investment interms of human capital? The new HR director has just one to two months to align HR to thiscompelling business strategy. Solution 1 By Penny Davis, head of HR operations, T-MobileStep 1 Build your credibilityby understanding the business. Is the loss in market share due to one ormultiple causes? Have some stores been more successful than others? Gain viewsfrom as many stakeholders as possible: visit your competitors to see what theydo differently, talk to employees – it is those closest to the customers whohave the clearest insights into what needs to change. Understand the keybusiness measures. Whatever strategy you develop will be strengthened if youestablish yourself as a business person first, and an HR director second. Step 2 The CEO has developedfour business imperatives. You have an opportunity to work with the board todevelop these into a strategic plan and create the long-term vision. Theleadership team needs a shared understanding of what you are changing, as wellas future strategy, before it can engage with stakeholders. Once there isclarity about the customer proposition, you can begin to consider the employeeproposition.Step 3 Understand the historyof implementing change in the organisation. Leadership is a critical successfactor. Assess how far the change can be led from top down, and the opportunityfor bottom-up involvement. Ensure the future leadership model is articulated,and future skill needs understood. Analyse the gap between current and futurestate. You have a loyal and experienced workforce; you need to consider how youwill engage them in the change. Step 4 The people managementprocesses need to align with, and reinforce the business objectives. Considerthese both in terms of the short term (processes such as performance managementwhich enable the immediate business objectives) and long term (processes suchas organisational and workforce development which facilitate the strategy).Agree the measures of success.Step 5 This is an opportunity for HR to model thechange. Once you have established the employment proposition and the peoplestrategy, structure HR to reflect this. The business imperatives use words suchas ‘out of the box’ and ‘revolutionise’, while the current HR structure coversthe traditional areas of expertise. Consider your capability to drive processchange. Assess how you will work with suppliers to reduce costs. Engage yourteam in building the vision for the future. Solution 2 By Jim Matthewman, worldwide partner, Mercer Human Resource ConsultingThis scenario reflects the challengefor many CEOs and their HR functions in this economic climate. New CEOs arerequired to declare new business strategies and want to implement them withinsix months. Yet the people dimension, it is often assumed, will simply follow.There are two immediate requirements: first, to articulate, cascade and alignbusiness functions and employees to the new strategies; second, to assesswhether the organisation has the skill, capability, leadership and appetite forthe change. Step 1 The new HR directorneeds to review with each executive director the people implications of the newstrategies within their own function, the degree of change required, andwhether they believe they have the leadership to deliver in their area. Whatobstacles or barriers will hinder implementation of the change? Step 2 The HR leadership team should assess HR’s abilityto partner with the business goals to address the challenges identified. Ifthere is a shortfall, look for a credible external partner with a track recordof change management to support the HR function and assist the business overthe next six months.Step 3 Run a solutionsworkshop with the CEO and top management to report back the viewpoints,concerns and challenges. Use this qualitative feedback, combined withoperational and financial data, to assess the degree of alignment and establishpriorities; agree the roles of line management and HR in executing change; andoutline a new people strategy to underpin the new business imperatives. Calculate the expected investment required, the value to thebusiness, and ease of implementation.Step 4 Identify areas ofsignificant change and undertake a review of skills, capability and readinessto change/alignment. In the light of this, review the organisation’s talentstrategy to consider areas to buy or build capability given the set timeframes.Step 5 Get the HR leadershipgroup to review current HR practices (for example recognition and reward,resourcing, career planning) to ensure these are correctly aligned andintegrated to the new people strategy, so they are not launching newinitiatives yet rewarding old behaviour. Start to build a fact-based assessmentof workforce capability and management practices in order to track progressgoing forward and establish accountability for success. How the forum worksThe HR Strategy Forum, which issupported by some of the industry’s most experienced people (see below), isPersonnel Today’s major new initiative to help readers become more strategic intheir day-to-day operations. Over the coming months, Personnel Today will give a unique,developmental opportunity to hone your strategic skills using a wide range ofHR scenarios submitted by senior HR professionals. Each week, our panel ofexperienced practitioners and consultants will provide solutions to a typicalstrategic HR dilemma. You can get involved by sending in your own problems,marked ‘strategic dilemmas’, to [email protected] Brown, Assistant director general, CIPDPaul Kearns, Director, PWLJim Matthewma,n Worldwide partner,Mercer Human Resource ConsultingAndrew Mayo, Director,MLILouise Allen, Director, LAPartnersPenny Davis, Head of HR operations,T-MobileMarie Gill, Head of organisationaldevelopment, AsdaNeil Roden, HR director, Royal Bankof ScotlandRalph Tribe, Vice-president of HR,Getty ImagesDilys Winn, HR director, GloucestershireCounty CouncilMargaret Savage, Head of HR strategy,BT HR strategy forumOn 5 Aug 2003 in Personnel Today Comments are closed. 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National Safety Symposium 2003

first_img Comments are closed. York University is the venue for this year’s National Safety Symposium, tobe held on 1 -3 September. Organised by IOSH’s Public Services Group, theconference is now in its 28th year. The 2003 Symposium will address key topics suggested by attendees at lastyear’s event and will provide an excellent opportunity for delegates toconsolidate and refresh their existing knowledge, as well as to catch up withthe latest developments in health and safety issues. Plenary speakers include Mike Cosman, head of the construction sector, HSE,who will discuss procurement; Gerard Forlin, barrister, who will provide anupdate on legal issues; and Martin Gill, Scarman Centre, University ofLeicester, who will speak on violence and aggression. During a session focusing on environmental concerns, Russell Foster, chiefexecutive at IEMA, will address environmental law, and Chris Lambert, HSEQmanager at Shell, will describe the redevelopment of the former Shell Haven oilrefinery. Other topics on the programme include stress, incident decision-making,access and workplace design, HAVS, latex allergies and pest control. Daytime activities are complemented by the evening programme. The ZurichMunicipal Safety Awards, presented in recognition of outstanding contributionsto public sector health and safety, will be the highlight of the annual publicservices group dinner on 1 September. The social evening and dinner on 2 September is a more informal occasion,after which a shuttle bus will be provided for those who wish to spend anevening in York. The fee for the full residential symposium, including all presentations,delegate pack, two nights’ accommodation (1-2 September), meals, refreshmentsand social programme, is £415+VAT. Other options are available. For details,contact IOSH’s public relations department, telephone 0116 257 3195. Bookings, for which the deadline is 15 August, can also be made on the samenumber. Related posts:No related photos. Previous Article Next Article National Safety Symposium 2003On 1 Aug 2003 in Personnel Todaylast_img read more

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…in brief

first_img Comments are closed. Related posts:No related photos. …in briefOn 11 Nov 2003 in Personnel Today Previous Article Next Article Thisweek’s news in briefNHSstaff surveyAlmost400,000 staff are taking part in the first national NHS staff survey, with alltrusts in England surveying some staff. The survey replaces trusts’ own annualstaff surveys, and will allow them to benchmark themselves against other NHSorganisations.  www.chi.nhs.ukDiscriminationguideArbitrationand conciliation service Acas has published draft guides on discrimination onthe grounds of sexual orientation and religion and/ or belief. The guidesprovide a comprehensive summary of the new law, case studies, best practiceguidelines, and a Q&A section.  www.acas.org.ukOnlinesafetyTheEuropean Agency for Safety and Health at Work has launched a new online guideto handling dangerous substances. It covers the main risks associated withworking with dangerous substances, and allows users to choose from more than 40key topics or by economic sector.  http://europe.osha.eu.int/good_practice/risks/dangerous_substances/index.phpLow-wagecultureMorethan 260,000 jobs in the UK pay less than the legal minimum wage, according tothe latest estimates from the Office for National Statistics. However, thisrepresents a fall of 70,000 since the last low pay estimate in spring 2002.  www.statistics.gov.ukMenget the voteDespitethe drive for workplace sexual equality, the majority of the UK workforce wouldstill prefer to work for a male boss, according to a poll of nearly 3,500 UKemployees by recruitment website Monster.  www.monster.co.uklast_img read more

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Whitehall HR teams facing huge relocation challenge

first_imgWhitehall HR teams facing huge relocation challengeOn 23 Mar 2004 in Military, Personnel Today The relocation of 20,000 Civil Service jobs out of London and the South East– as detailed in the Lyons Report – will prove a massive challenge for HRdepartments in Whitehall. The report, backed by chancellor Gordon Brown in his Budget last week, ispart of the Government’s drive to improve efficiency and cut costs across theCivil Service. Lyons also recommends that the Civil Service needs a more co-ordinatedapproach if it is to minimise the costs and adverse impact of relocation andredundancy programmes. Mike Emmott, employee relations adviser at the Chartered Institute ofPersonnel and Development, predicted hard work ahead for government HR. “HR will carry the main burden of this process; it will involve massiveconsultation with staff and unions, identifying suitable locations, arrangingstaff visits, providing access to advice on schools, housing and localamenities,” he said. “The HR departments should really treat it as asort of military exercise.” David Samuell, public sector commercial director at consultancy DBM saidthat while logistic issues were important, HR would have to pay close attentionto micro-level people issues. “Staff will want to know what support mechanisms are in place to helpthem,” he said. The Public and Commercial Services union called for the Government tobalance regeneration of the regions with the need for public service jobs inLondon. The proposals come before the impact of the Gershon review of governmentefficiency – due in late April – which could see further job cuts as functionssuch as HR are standardised and shared. Emmott said the Lyons relocation plans may clash with the Gershon reviewbecause the Civil Service will require many HR professionals to manage theproject. By Mike BerryTo see a successful relocation case study go to www.personneltoday.com/goto/22914 Comments are closed. Previous Article Next Articlecenter_img Features list 2021 – submitting content to Personnel TodayOn this page you will find details of how to submit content to Personnel Today. We do not publish a… Related posts:last_img read more

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Appeal of outsourcing HR grows

first_imgRelated posts:No related photos. Appeal of outsourcing HR growsOn 27 Apr 2004 in Personnel Today Outsourcing HR is not only gaining popularity, but will become a permanentelement in a typical corporate operation, according to results of a recentsurvey. More than three-quarters of executives at large North American and Europeancompanies said their organisations currently outsource one or more major HRfunctions and a great majority said they would do so again, according to thesurvey released by the US-based research and networking organisation, theConference Board. The Conference Board surveyed executives at more than 120 companies withannual revenues of at least US$1bn. Three-quarters of respondents were fromNorth America, with the remainder from Europe. Seventy-six per cent of respondents said their organisations currentlyoutsourced one or more major HR functions, and 80 per cent of those said theywould do so again. Only 9 per cent of respondents said they were entirely against outsourcingsome or all of their major HR functions, compared with 23 per cent in lastyear’s Conference Board survey. David Dell, author of the study, said North America was the most likelycandidate for outsourcing. “European companies are more likely to be confronted with challenges instandardising HR processes across national borders due to differing in-countrylegislative requirements,” he said. The HR programme most often fully outsourced is registered savingsprogrammes, with pensions/benefits, stock options administration, and healthbenefits being the next most popular areas. Comments are closed. Previous Article Next Articlelast_img read more

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This week’s news in brief

first_img Brum tops sick leagueBirmingham is top of England’s sick-pay league, official figures have revealed. Figures from the Department for Work and Pensions showed that 54,500 people claim incapacity benefit and severe disablement allowance in the city, about 9% of the working age population. A total of 279m was paid in disability benefit in Birmingham in 2004. weblink www.dwp.gov.ukUnion’s M&S pushRetail union Usdaw has launched its Marks & Spencer recruitment campaign nationally, after doubling its membership at the high-street retailer in the past month. The campaign was launched in the North-West after it was reported that M&S, which does not recognise the union, intends to issue 66,000 new contracts to its workforce. weblink www.usdaw.org.ukNHS recruitment surveyNHS Employers, the body representing employers in the health service, has carried out a recruitment and retention survey among HR directors across all primary care, acute and mental health trusts in England. The results will be used to help shape the national NHS recruitment strategy and highlight areas of work for the NHS Careers service. Results will be available online later this month. weblink www.nhsemployers.orgHR’s key role in policingHR can make a real difference to the effectiveness of policing in the UK, according to speakers at the fifth annual Police Forum, held by the Chartered Institute of Personnel and Development (CIPD). Lord Richard Wilson, president of the CIPD, said: “The police service is under enormous pressure and HR is central to equipping staff and managers to drive and motivate staff.”weblink www.personneltoday.com/30598.article Previous Article Next Article Related posts:No related photos. This week’s news in briefOn 5 Jul 2005 in Personnel Today Comments are closed. last_img read more

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HR: Positive Resignation – How to hand in your notice

first_img A question that all HR/recruitment professionals get asked on at least a semi regular basis is: “How should I resign?”. The real answer is, there is no textbook answer as there are so many variables and moving parts involved relevant to e.g. company, manager, your professional style etc. but there are definitely a whole lot of wrong ways to do it. Here’s my 4 small tips that hopefully will offer some piece of mind during what in most cases is an awkward conversation (at best), and help it flow with a little more ease and hopefully avoid friction or burned bridges.Tip 1: No matter how much you might feel like it, don’t use the flaws of the company/manager as your reason for leaving. This is not the time or the place to have this conversation. My advice would be that if there is a burning desire inside you to offer some constructive criticism, do so at an exit interview in a rational and balanced manner. Instead use the positive points of why you have chosen to accept the new role as the reason for your departure.Tip 2: I’m firmly of the belief that we never stop learning and thus regardless of if you feel it has been the most fulfilling role or not, think of the lessons you’ve learned and thank your manager/company for the opportunity to have learned and grown as a professional.Tip 3: Unless extenuating circumstances dictate otherwise, wherever possible be willing to work your full contractual notice period. Make arrangements as such so as to make your transition out of the company as smooth as possible.Tip 4: If not already part of process, offer your time to have an “exit meeting/interview” with your line manager with the aim of trying to shed light on where in your opinion, the organisation could improve. This is where you can offer your CONSTRUCTIVE feedback and show that you are not harbouring any ill feelings due to some negative experiences but instead are aiming to offer your opinion to ensure other employees don’t feel the same thing.These are by no means complicated steps and is relatively “back to basics” kind of stuff but I hope it will give some piece of mind to anyone who may be looking for a little direction on ways to part ways in a positive light. Previous Article Next Article Read full article HR: Positive Resignation – How to hand in your noticeShared from missc on 8 Jan 2015 in Personnel Todaycenter_img Related posts:No related photos. Comments are closed.last_img read more

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220 Central Park South’s first resale in the works

first_img Email Address* Message* Share on FacebookShare on TwitterShare on LinkedinShare via Email Share via Shortlink Full Name* Unit 55B of Central Park South and Steve Roth of Vornado Realty Trust. (Compass, Vornado, Getty)UPDATE: March 12, 2021, 3:35 p.m.: A deal that will serve as a benchmark for how values have held up at 220 Central Park South is underway.Sources have confirmed that unit 55B is under contract to sell, although the final sale price is not known. Listing agent Jessica Campbell of Nest Seekers International said there was tremendous interest in the unit until the deal was official, and noted she had several “backup buyers” on deck in the event it fell through. If the deal closes, it will be the first resale at Vornado Realty Trust’s blockbuster building, which holds the record for selling the most expensive home in the country to Citadel founder Ken Griffin.Jessica Campbell of Nest Seekers International (Nest Seekers)The seller, masked behind a limited liability company, 220 MARCH, bought the unit on the 55th floor for about $26.8 million in late 2019. The seller originally signed a contract to purchase the unit in April 2015. It was listed for resale in early February seeking $33 million.Campbell declined to comment on the terms of the deal or the parties, but said the unit was only on the market for 30 days before a contract was in the works, and that her seller was “pleased.”Read moreThe inside story of 220 Central Park South, the world’s most profitable condoKen Griffin sets US home record with $238M buy at 220 CPSNYC’s ghost towers Tags Ryan Serhant is representing the buyer at his new brokerage Serhant. He declined to comment.Once finalized, the deal will be closely scrutinized by the industry, particularly considering the diminishing resale values of apartments along Billionaires’ Row.Ryan Serhant of Serhant. (Ryan Serhant)Even before the pandemic, nearly 40 percent of condo resales in Midtown closed at a loss — the worst of any neighborhood or property type, according to a citywide analysis by StreetEasy. Now, amid the pandemic and with a glut of new development condos on the market, that landscape is even more challenging unless sellers are willing to accept discounted offers.“I think many will be curious to see if resales follow the same path that One57 has taken, with substantial discounts from the original contract price,” said appraiser Jonathan Miller, referring to Extell Development’s nearby tower where owners have resold units at significant losses in the past year.But Donna Olshan, who tracks Manhattan’s luxury sales weekly, said she expects resale prices at Vornado’s tower to be elevated given its much-publicized track record as the world’s most profitable condo.“It’s the top building in New York,” she said. “There’s always a buyer at the top level of any real estate market.”Contact Erin Hudson Share via Shortlink 220 Central Park SouthLuxury Real EstateResidential Real EstateVornado Realty Trustlast_img read more

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Judges mixed on how government shutdowns affect leases

first_img Tags Message* Email Address* A judge ruled that Philippe Chow, a luxury restaurant located in the Dream Hotel Downtown, owed rent to its landlord, despite being closed amid the pandemic. (iStock, Philippe Chow)Decisions on Covid-related rent cases are slowly rolling in, but on the question of whether the pandemic freed tenants from their lease obligations, the jury remains out.Most recently, a judge ruled that Philippe Chow, a luxury restaurant located in the Dream Hotel Downtown, owed rent to its landlord, despite being closed amid the pandemic.“According to the lease, plaintiff must make a choice: stay and pay rent or terminate and leave,” Judge Melissa Crane wrote in her decision.Philippe Chow had argued that because of lockdown orders, rent was not owed both under the casualty clause of the lease and because the purpose of the lease had been frustrated. Additionally, it alleged that the landlord, an entity controlled by the Dream Hotel Group, had, by asking for rent, engaged in tenant harassment.ADVERTISEMENTNeither Philippe Chow nor Dream Hotel responded to requests for comment.“It’s going to be difficult for some tenants, but we have to enforce contracts as written,” said Luise Barrack, who leads Rosenberg & Estis’ litigation department and was not involved in the litigation. “And in this case, that is what the judge said.”The case is one of the first rulings for restaurants in New York, potentially setting a precedent. Rulings involving other kinds of businesses have similarly come in on the side of the landlord.For example, Gap had argued that the pandemic had cancelled rent at its Times Square flagship. Judge Debra James disagreed, ordering the company and its Old Navy subsidiary to keep paying nearly $3 million a month in rent at the 60,000-square-foot space.She did, however, reduce the rent by 10 percent, citing the “extraordinary circumstances” of the pandemic.In one of the earliest rent rulings of the pandemic, a federal bankruptcy judge reduced an Illinois eatery’s rent by 75 percent, having decided that the force majeure, or “act of God,” lease clause applied.In another case — 267 Development v. Brooklyn Babies and Toddlers — Judge Loren Baily-Schiffman ruled in favor of the tenant, saying that the premises had been rendered inaccessible and, on top of that, the landlord had engaged in tenant harassment.“The government shutdown was unforeseeable and could not have been built into the contract,” the state Supreme Court judge wrote. “Under the circumstances presented, this courtfinds that performance under the subject lease was made impossible.”Contact Sasha Jones Share on FacebookShare on TwitterShare on LinkedinShare via Email Share via Shortlinkcenter_img Share via Shortlink Full Name* CoronavirusNYC RestaurantsReal Estate LawsuitsRetaillast_img read more

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Nematophagous fungi from the maritime Antarctic

first_imgEighteen taxa of terrestrial predacious fungi (nematode-trapping species and endozoic parasites of nematodes) are reported from the maritime Antarctic (15 taxa from Signy Island, South Orkney Islands, and ten taxa from Galindez Island, Argentine Islands). Fifteen have been positively identified to species level, twelve of which have not previously been recorded in the Antarctic. They were isolated from several locally dominant moss species and soil associated with the two native phanerogams. Monacrosporium ellipsosporum and M. cionopagum were the most widely distributed trapping hyphomycetes while Harposporium anguillulae was the most frequently occurring endozoic fungus. All taxa were isolated from cultures maintained at 18.5°C but only five of these were recorded in cultures kept at 7°C. Eight different trapping mechanisms were recorded with adhesive knobs being the commonest structure. The relationship between fungal taxon and moss species or soil type is discussed. Although several species were recorded only in single samples M. ellipsosporum appeared to be associated with calcicolous mosses. M. cionopagum and H. anguillulae have comparatively wide ecological amplitudes. No nematophagous fungi were isolated from permanently saturated moss carpets or from the strongly acidic turf-forming Polytrichaceae. The possible importance of these fungi in the energy dynamics and their influence on nematode populations of Antarctic terrestrial ecosystems is considered.last_img read more

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Growth, age structure and environmental history in the cephalopod Martialia hyadesi (Teuthoidea: Ommastrephidae) at the Antarctic Polar Frontal Zone and on the Patagonian Shelf Edge

first_imgMartialia hyadesi were collected from fishing vessels at the Antarctic Polar Frontal Zone (APFZ) and the Patagonian Shelf Edge (PASE) during the 1989 austral autumn and winter. Squid were measured, weighed, assigned a maturity stage and the paired statoliths were removed. Statolith sections revealed concentric growth rings using light and scanning electron microscopy. Counts of these putative daily micro-growth increments were made directly and by an estimating procedure. Energy dispersive (ED) and wavelength dispersive (WD) x-ray analyses of Sr and Ca content were made on subsamples of statolith sections. Estimated increment counts, which were generally higher than direct counts, were adopted for routine application. Back calculated hatching dates showed that a single cohort, with a relatively narrow size range, was sampled in each geographical area. Back calculations suggested that M. hyadesi at the APFZ had hatched in the austral winter and those at the PASE had hatched in the spring. At the PASE, growth rate was estimated to be some 30% higher than at the APFZ and PASE squid were more mature at a given age. The hypothesis that the Sr:Ca ratio along the growth axis of the statolith contains information on thermal history was examined. Sr:Ca ratios in the statolith fell in the range 0.009–0.017 and varied systematically but this variation did not apparently relate to season and ratios were not significantly different between geographical areas. A consistent feature was a relatively low Sr:Ca ratio at the time of hatching. According to the Sr:Ca thermometer hypothesis this is consistent with spawning in relatively warm water but it could equally be due to depositional differences during early statolith growth. The Sr:Ca thermometer hypothesis could neither be confirmed nor rejected by the data but there is evidence that strontium varies systematically with age in the squid statolith.last_img read more

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Molecular structural studies of lichen substances II: atranorin, gyrophoric acid, fumarprotocetraric acid, rhizocarpic acid, calycin, pulvinic dilactone and usnic acid

first_imgThe FT-Raman and infrared vibrational spectra of some important lichen compounds from two metabolic pathways are characterised. Key biomolecular marker bands have been suggested for the spectroscopic identification of atranorin, gyrophoric acid, fumarprotocetraric acid rhizocarpic acid, calycin, pulvinic dilactone and usnic acid. A spectroscopic protocol has been defined for the detection of these molecules in organisms subjected to environmental stresses such as UV-radiation exposure, desiccation and low temperatures. Use of the protocol will be made for the assessment of survival strategies used by stress-tolerant lichens in Antarctic cold deserts.last_img read more

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Fisheries in the Southern Ocean: an ecosystem approach

first_imgThe Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) is bound by its Article II, 3 to follow an ecosystem approach to management. This approach has been extended to the application of a precautionary approach in the late 1980s. In our review, we deal primarily with the science-related aspects of CCAMLR and its development towards an ecosystem approach to the management of the living resources of the Southern Ocean. To assist the Commission in meeting its objectives, as set out in Article II, 3, the Scientific Committee established the CCAMLR Ecosystem Monitoring Programme to detect possible effects of krill fishing on the performance of top-level predators, such as albatrosses, penguins, petrels and fur seals. Fisheries in the Southern Ocean followed the fate of other fisheries worldwide in which target species were depleted to low level one after the other. Currently, two types of fisheries are open: the longline fisheries on Patagonian toothfish (Dissostichus eleginoides) and Antarctic toothfish (Dissostichus mawsoni) and the trawl fisheries on mackerel icefish (Champsocephalus gunnari). Both fisheries are managed in a single-species context, however, with conservation measures in place to protect by-catch species, such as rattails (Macrouridae) and skates and rays (Rajidae). Two major problems still exist in fisheries in the Southern Ocean: the by-catch of birds in longline fisheries primarily in the Indian Ocean and the high level of IUU fishing again in the Indian Ocean. Both, the by-catch of birds and high IUU catches undermine the credibility of CCAMLR to safeguard the marine living resources in the Southern Ocean.last_img read more

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Causes and consequences of individual variability and specialization in foraging and migration strategies of seabirds

first_imgTechnological advances in recent years have seen an explosion of tracking and stable isotope studies of seabirds, often involving repeated measures from the same individuals. This wealth of new information has allowed the examination of the extensive variation among and within individuals in foraging and migration strategies (movements, habitat use, feeding behaviour, trophic status, etc.) in unprecedented detail. Variation is underpinned by key life-history or state variables such as sex, age, breeding stage and residual differences among individuals (termed ‘individual specialization’). This variation has major implications for our understanding of seabird ecology, because it affects the use of resources, level of intra-specific competition and niche partitioning. In addition, it determines the responses of individuals and populations to the environment and the susceptibility to major anthropogenic threats. Here we review the effects of season (breeding vs. nonbreeding periods), breeding stage, breeding status, age, sex and individual specialization on foraging and migration strategies, as well as the consequences for population dynamics and conservation.last_img read more

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Human-mediated dispersal of terrestrial species between Antarctic biogeographic regions: a preliminary risk assessment

first_imgThe distribution of terrestrial biodiversity within Antarctica is complex, with 16 distinct biogeographic regions (Antarctic Conservation Biogeographic Regions) currently recognised within the Antarctic continent, Peninsula and Scotia Arc archipelagos of the Antarctic Treaty area. Much of this diversity is endemic not only to Antarctica as a whole, but to specific regions within it. Further complexity is added by inclusion of the biodiversity found on the islands located in the Southern Ocean north of the Treaty area. Within Antarctica, scientific, logistic and tourism activities may inadvertently move organisms over potentially long distances, far beyond natural dispersal ranges. Such translocation can disrupt natural species distribution patterns and biogeography through: (1) movement of spatially restricted indigenous species to other areas of Antarctica; (2) movement of distinct populations of more generally distributed species from one area of Antarctica to another, leading to genetic homogenisation and loss of assumed local patterns of adaptation; and (3) further dispersal of introduced non-native species from one area of Antarctica to another. Species can be moved between regions in association with people and cargo, by ship, aircraft and overland travel. Movement of cargo and personnel by ship between stations located in different biogeographic regions is likely to present one of the greatest risks, particularly as coastal stations may experience similar climatic conditions, making establishment more likely. Recognising that reducing the risk of inter-regional transfer of species is a priority issue for the Antarctic Treaty Consultative Meeting, we make practical recommendations aimed at reducing this risk, including the implementation of appropriate biosecurity procedures.last_img read more

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Fur seal microbiota are shaped by the social and physical environment, show mother‐offspring similarities and are associated with host genetic quality

first_imgDespite an increasing appreciation of the importance of host‐microbe interactions in ecological and evolutionary processes, the factors shaping microbial communities in wild populations remain poorly understood. We therefore exploited a natural experiment provided by two adjacent Antarctic fur seal (Arctocephalus gazella) colonies of high and low social density and combined 16S rRNA metabarcoding with microsatellite profiling of mother‐offspring pairs to investigate environmental and genetic influences on skin microbial communities. Seal‐associated bacterial communities differed profoundly between the two colonies, despite the host populations themselves being genetically undifferentiated. Consistent with the hypothesis that social stress depresses bacterial diversity, we found that microbial alpha diversity was significantly lower in the high‐density colony. Seals from one of the colonies that contained a stream also carried a subset of freshwater‐associated bacteria, indicative of an influence of the physical environment. Furthermore, mothers and their offspring shared similar microbial communities, in support of the notion that microbes may facilitate mother‐offspring recognition. Finally, a significant negative association was found between bacterial diversity and heterozygosity, a measure of host genetic quality. Our study thus uncovers a complex interplay between environmental and host genetic effects, while also providing empirical support for the leash model of host control, which posits that bacterial communities are driven not only by bottom‐up species interactions, but also by top‐down host regulation. Taken together, our findings have broad implications for understanding host‐microbe interactions as well as prokaryotic diversity in general.last_img read more

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First weekend of outdoor season full of personal bests for Cougars, including former Millard Eagle Anna Camp

first_img FacebookTwitterLinkedInEmailBYU Track & Field Athlete Anna Camp/ Photo Courtesy of BYU AthleticsLOS ANGELES – Derek Sorensen and Ashton Riner highlight a day full of personal records as the BYU track and field team completed the final day of events at the USC Trojan Invitational and the Hornet Invitational on Saturday.“I am really proud of how the team competed across all the categories,” BYU head coach Ed Eyestone said. “They looked really good, and the coaches did a great job of getting the team prepared. We were performing at a very high level and that is something you always want to see, especially at the first meet of the season.”Sorensen earned two personal records on Saturday at the USC Trojan Invitational. He took first place in the 100m with a time of 10.46 and ran a 20.97 in the 200m to finish second. Teammate Clark Brown ran a 10.49 and finished just behind Sorensen for second place in the 100m to give the Cougars the top two finishers in the event.Riner threw her first javelin in a BYU uniform for a meet-best 48.13m and now ranks No. 7 on the school’s all-time record list. The freshman’s first-place mark should be good enough to qualify for NCAA regionals. Payge Cuthbertson took second in the javelin with a throw of 45.70m, a mark that is better than the average regional-qualifying distance from the past five years.Alyssa Dalton clocked a 13.54 in the 100m hurdles and finished second in her first meet back competing for BYU after missing last year with a medical redshirt. Her time has qualified for regionals in years past and puts her in a good position to potentially compete at the NCAA West Preliminaries for the third time in her career.The Cougars had three of the top four finishers in the men’s 800m with David Graham taking first with a time of 1:51.22. Marcus Dickson ran a 1:52.55 to take second and Max Scheible earned a personal-best 1:54.18 to finish fourth.Anna Camp took first in both the 800m and mile at the USC Invitational. She set a career-record 2:08.12 in the 800m and ran a 4:44.13 in the mile. Madelyn Dickson came in six-hundredths of a second behind Camp (4:44.19) to take second and Kate Hunter finished fourth with a personal-record 4:50.51.Keesha Miller and Haley Rogers were only separated by hundredths of a second in their top-three finish in the 100m dash. Miller clocked an 11.93 to place second and Rogers ran an 11.98 for third. Rogers also competed in the 200m where she broke her career record with a time of 24.49.Jefferson Jarvis competed well for BYU in the discus and shot put, finishing in the top three in both events. Jarvis threw for 17.06m in the shot put to take second and finished third in the discus with a mark of 52.08m.A small group of Cougars containing the jumpers, multi-event athletes, pole vaulters and some middle-distance athletes competed at the Hornet Invitational at Sacrament State on Fridayand Saturday.Kevin Nielsen competed in the decathlon for BYU at the Hornet Invitational and finished with top-three marks in the first five events (100m, long jump, shot put, high jump and 400m) to end day one in the lead with 3828 points. Nielsen picked up where he left off on the second day of the decathlon and had the second-best marks in both the 110m hurdles and discus throw but ended up not competing in the final three events (pole vault, javelin and 1500m).Andrea Stapleton-Johnson took first in the high jump for the Cougars with a jump of 1.76m and Nicole Lord finished third with a height of 1.73m. Pole vaulters Sierra Hansen and Elise Machen-Romney tied for third in the event with a clearance of 3.75m. Both cleared the height on their first attempts but failed to clear 3.90m in three attempts.A recap of Friday’s events can be found here.For full results of the USC Trojan Invitational, click here.For full results of the Hornet Invitational, click here.The Cougars will travel next to compete in the Aztec Invitational in San Diego on Friday, March 23. Written by Robert Lovellcenter_img March 18, 2018 /Sports News – Local First weekend of outdoor season full of personal bests for Cougars, including former Millard Eagle Anna Camplast_img read more

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Mt. Sac Relays: Day 1

first_img Brad James Written by FacebookTwitterLinkedInEmailWALNUT, Calif.-Thursday Day 1 of the Mount Sac Relays commenced with various Utah-based athletes excelling.The prestigious event often draws track and field teams from across the country, making this more competitive than many regional meets.The first day of action saw Southern Utah’s Mike Tate place 9th overall in the men’s 10,000-meter run, in a time of 29:09.36.Additionally, in the women’s 10,000-meter run, Grayson Murphy of Utah placed 5th overall in a time of 33:17.85. Southern Utah’s Angie Nickerson placed 8th overall, posting a time of 33:34.37.That concluded Thursday events with the majority of them to come on Friday and Saturday. Tags: Angie Nickerson/Grayson Murphy/Mike Tate/Mt. Sac Relays/Southern Utah/Utah April 20, 2018 /Sports News – Local Mt. Sac Relays: Day 1last_img read more

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Dixie State Football Celebrates Homecoming, Senior Day Against Colorado School of Mines

first_imgNovember 1, 2018 /Sports News – Local Dixie State Football Celebrates Homecoming, Senior Day Against Colorado School of Mines Tags: Adams State/Brody Oliver/Cameron Mayberry/Colorado School of Mines Orediggers/Dixie State Football/Isaac Harker/Rocky Mountain Athletic Conference/Senior Day Written by FacebookTwitterLinkedInEmailST. GEORGE, Utah-Saturday, Dixie State football celebrates Homecoming and Senior Day against Colorado School of Mines to end the home schedule for the 2018 season.The Trailblazers have 16 seniors who will be honored and this is also the 13th Homecoming game Dixie State has celebrated as an NCAA Division II school.Dixie State has a tall order as the Orediggers are the #6 team in the Division II polls this week.This is the second time this season the Trailblazers have faced a Top 10 team as the previously lost 35-14 to Grand Valley State.Dixie State is 1-15 all-time in matchups against ranked opponents at the Division II level.The Trailblazers are 0-2 all-time against the Orediggers who come into this game at 9-0 and 8-0 in Rocky Mountain Athletic Conference play.Colorado School of Mines boasts the best offense in Division II, averaging 552.3 yards per game. The Orediggers are led by senior signal-caller Isaac Harker who leads the RMAC in passing yards with 2,874 yards and all of college football with 34 touchdown passes.His favorite receiver is Brody Oliver, who leads the nation with 19 touchdown receptions. His 1,005 receiving yards rank him seventh nationally and he has 55 receptions as well.Additionally, tailback Cameron Mayberry is seventh nationally with 1,153 rushing yards and his 17 rushing touchdowns rank him third in the nation.Linebacker Logan Bock has a team-best six sacks to lead the defense for the Orediggers.The Trailblazers counteract with the best sacking defense in the RMAC as they have 32 sacks on the season.Dixie State, who is 5-4 and 5-3 in conference play, comes into this one trying to break a two-game losing streak before heading out to Alamosa, Colo. to face Adams State for the last game of the regular season November 10. Brad Jameslast_img read more

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How Serena Williams learned to love her body, stop comparing herself to Venus

first_img FacebookTwitterLinkedInEmailTheo Wargo/Getty Images(NEW YORK) — In one of her most candid interviews yet, Serena Williams opens up about her formative years and trying to emulate her older sister, Venus.Williams, 37, has inspired so many on and off the tennis court. In a new interview for GQ magazine’s Woman of the Year issue, she reveals how she was able to become comfortable in her own skin.After telling the magazine just how close she is to Venus, 38, she admits that at a young age she really wanted to emulate her older sister.“I was not myself. I was Venus. Just…Seren-us,” the now tennis icon said. “I identified as Venus. I felt weird, like, my boobs were bigger than Venus’, and my body was thicker. I was curvier. I was like, ‘Why am I not Venus?’ And she was tired of me copying her. She was like, ‘Get your own identity, please!’”She said she finally accepted that she “looked different. And I played different. And I hit different. And I ran different.”Williams’ half sister, Yetunde (who died in 2003), helped her gain her famed body confidence, as well as become the champion she is today, on her own terms.“I was really struggling, and she’s like, ‘You know, everyone is different. You’re not Venus, and you’re never going to be Venus. You’re never going to be as thin as her, and that’s OK. And you’re never going to be as tall as her, and that’s OK. Nothing is wrong with that. You have a beautiful body on your own. You have a beautiful face,’” she explained to the magazine.Williams said that advice really helped her move on.“It was good that she taught me that lesson, because in a way she was teaching me a lesson about life,” she added. “In a way, it had nothing to do with Venus. It wasn’t about her at all. Tennis players in general didn’t look like me. Especially the top players or anyone that ever won Grand Slams. Nothing like me. So it was, Can I win looking like this? Can I perform looking like this? And that was something that I realized that I could do. I just had to learn that it was okay to, you know, not be Venus.”In the powerful interview, Williams also opens up about being a mom and how happy she is with her 1-year-old daughter Olympia.“And I’m a full-time mom. I’m a very hands-on mom,” she said.She continued, “We do everything together. I love everything about being a mom. The only thing I don’t love about being a mom is come 7:30, Olympia’s in bed and I get sad. I’m like, ‘Should I go to bed?’ Because then if I wake up, I get to see her again.”Copyright © 2018, ABC Radio. All rights reserved. November 16, 2018 /Sports News – National How Serena Williams learned to love her body, stop comparing herself to Venus Written bycenter_img Beau Lundlast_img read more

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Utah Valley Men’s Basketball Faces Long Beach State At Las Vegas Wednesday

first_img Tags: College of Southern Idaho/Conner Toolson/Cox Pavilion/Deishaun Booker/Long Beach State/MGM Resorts Main Event/UNLV/Utah Valley Men’s Basketball FacebookTwitterLinkedInEmailLAS VEGAS-Wednesday, after defeating Hartford 72-65 Monday, Utah Valley men’s basketball faces Long Beach State at the Cox Pavilion on the UNLV campus in Las Vegas as part of the MGM Resorts Main Event.The 49ers advanced to playing the Wolverines in this game at 3:00 pm Wednesday afternoon by virtue of an 86-85 win over Iona on a thrilling buzzer-beater Monday.In Monday’s win, Wolverines star senior guard Conner Toolson posted a season-high 23 points, along with seven rebounds.The Wolverines will be meeting the 49ers for the first time in program history. This will be Utah Valley’s 11th all-time game against a school from the Big West Conference. The Wolverines are 4-6 all-time against Big West schools.Long Beach State comes into this game with a record of 2-3 and is led by guard Deishaun Booker, a Las Vegas product who also starred at the College of Southern Idaho. The junior averages 15.6 points a game for the 49ers. Written by Brad James November 20, 2018 /Sports News – Local Utah Valley Men’s Basketball Faces Long Beach State At Las Vegas Wednesdaylast_img read more

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Leonard scores career-high 45, Raptors beat Jazz 122-116

first_img Associated Press Tags: Basketball/Kawhi Leonard/NBA/Toronto Raptors/Utah Jazz January 1, 2019 /Sports News – Local Leonard scores career-high 45, Raptors beat Jazz 122-116 Written by FacebookTwitterLinkedInEmailTORONTO (AP) — Kawhi Leonard scored a career-high 45 points, Pascal Siakam had a career-best 28 points with 10 rebounds, and the Toronto Raptors beat the Utah Jazz 122-116 on Tuesday night.Norman Powell scored a season-high 14 points, and the Raptors won their fourth straight at home.Jae Crowder scored a career-high 30 points, Derrick Favors had 21 and Donovan Mitchell scored 19 as the Jazz dropped to 10-12 on the road and 18-20 overall.Utah’s Rudy Gobert scored 16 points, and Ricky Rubio had 14.Leonard made all seven of his field-goal attempts in the third quarter and added five foul shots. His 19 points were the second most in any quarter by a Raptors player this season. Serge Ibaka scored 20 points in the first quarter of a Nov. 4 road win against the Los Angeles Lakers.Leonard shot 16 for 22 overall, missing all three attempts from 3-point range. He went 13 for 17 at the free-throw line.After making two 3-pointers in the first half, the Raptors connected on their first three long-range shots of the third quarter, turning a two-point halftime deficit into a 12-point edge midway through the quarter. Siakam went 3 for 3 from 3-point range in the third and scored 13 points. Toronto outscored Utah 44-32 to take a 95-85 lead into the fourth.Toronto guard Kyle Lowry sat for the eighth time in nine games because of a sore lower back. Before the game, the Raptors said Lowry had travelled to New York last Friday to receive anti-inflammatory injections.Rubio started after sitting out Saturday’s win over New York because of a sore left knee and sore lower back, while Crowder was back after missing the victory over the Knicks because of a sore left thumb.Leonard scored 10 points in the first quarter, and all five Raptors starters made at least one basket as Toronto led 26-24 after one.TIP-INSJazz: Utah has lost nine of 12 meetings against Toronto. … Utah outscored Toronto 22-5 in second-chance points. … Favors and Gobert each had nine rebounds. … Crowder went 5 for 7 from 3-point range. His career high is six made 3-pointers.Raptors: Toronto is 5-2 on New Year’s Day, including a 4-0 mark at home. … C Jonas Valanciunas had stitches removed from his surgically repaired left hand Saturday. Valanciunas still has a splint on his hand. … VanVleet scored seven points, failing to reach double figures for the first time in eight games. … Toronto matched a season-low with 20 3-point attempts.UP NEXTJazz: Visit Cleveland on Friday night.Raptors: Visit San Antonio on Thursday night.last_img read more

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Cougars win second game in Italy, 87-46

first_img Written by Robert Lovell FacebookTwitterLinkedInEmailROME – BYU improved to 2-0 on its tour of Italy with a dominant 87-46 win over LCC International from Lithuania on Tuesday in Arena Altero Feilici.Alex Barcello scored a team-high 15 points, Kolby Lee had 13 points and nine rebounds and Yoeli Childs contributed 12 points, 11 rebounds and seven assists. Colby Leifson hit three 3-pointers for nine points and Wyatt Lowell chipped in eight points.The Cougars shot 44.2 percent from the field and held LCC International to 33.3 percent shooting. BYU won the rebound battle 44-33 and assisted on 30 of 34 field goals.Barcello, Lee, Lowell, Trevin Knell and Childs started for the Cougars. After falling behind 5-0, Barcello scored BYU’s first six points, hitting a 3-pointer and completing a three-point play.With the Cougars ahead 10-9, Lowell scored five points on one possession. He scored inside and was fouled but missed the free throw. Off the miss, Lee tipped the ball out to Lowell who knocked down an open 3 from the top of the key. On the next BYU possession, he hit another 3 to make it 18-9. The BYU run extended to 16-0 and was capped by a Colby Leifson 3. The Cougars led 28-11 after the first quarter.Blaze Nield scored on back-to-back drives to open the second quarter to give BYU a 32-13 advantage. LCC International played even with the Cougars the rest of the quarter as BYU went into the half with a 44-28 advantage.Barcello provided a spark at the beginning of the second half as he stole the ball on the first possession and went down the court to complete a three-point play. That set the tone for the rest of the quarter as seven different players scored while BYU outscored LCC International 27-10 to extend the lead to 71-38.The fourth started with Leifson hitting back-to-back 3s. BYU held LCC International to eight points in the period, finishing the game with an 87-46 advantage.The Cougars play their third game on Thursday against Stella Azzurra Academy at Arena Altero Feilici in Rome. Game time is scheduled for 8:30 p.m. in Italy (12:30 p.m. MT). August 20, 2019 /Sports News – Local Cougars win second game in Italy, 87-46 Tags: BYU Cougars Basketballlast_img read more

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No. 8 Snow Women’s Soccer Hosts No. 20 Paradise Valley In District Championships

first_img FacebookTwitterLinkedInEmailEPHRAIM, Utah-After winning the Region XVIII Championship last Saturday, the Snow College women’s soccer team will play host to the West District Championship on Saturday, Nov. 9. The Lady Badgers will take on No. 20 Paradise Valley. The Pumas enter Saturday’s match riding a four-game win streak that included a 1-0 victory over Arizona Western in the Region I championship last weekend. The Lady Badgers enter Saturday’s game with a 12-2-3 record and have won three straight matches.Saturdays District Championship will be held at Badger Stadium / Stoddard Field in Ephraim. Kickoff is set for 5 p.m. Admission to the event is $8 for adults (12 and up) and $6 for children (6-11) and senior citizens.The winner of Saturday’s game will advance to the NJCAA National Championships in Melbourne, Fla., beginning Nov. 18-23. Written by November 8, 2019 /Sports News – Local No. 8 Snow Women’s Soccer Hosts No. 20 Paradise Valley In District Championships Tags: Melbourne Florida/NJCAA/Paradise Valley Pumas/Snow Women’s Soccer/West District Championship Brad Jameslast_img read more

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Handful of Pac-12 schools expecting to reopen in fall

first_img Associated Press Written by May 6, 2020 /Coronavirus (COVID-19) related news and sports stories, Sports News – Local Handful of Pac-12 schools expecting to reopen in fall FacebookTwitterLinkedInEmailFive Pac-12 schools are expecting to reopen campuses this fall, a key step to the return of college sports.Many more steps still need to be taken before football or any other sport is going to be played in 2020 as the world copes with the coronavirus pandemic.Both Arizona schools, the Washington schools and Oregon last week announced plans to hold in-person classes in the fall. That leaves seven others, including Utah, still left mulling whether to follow suit or continue holding online classes. Tags: Arizona State Sun Devils/Arizona Wildcats/Coronavirus/COVID-19/Oregon Ducks/Pac-12/Utah Utes/Washington Huskies/Washington State Cougarslast_img read more

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Samson Resources II announces sale of its Greater Green River Basin assets and certain Johnson County Powder River Basin assets

first_imgThe Company also closed on the sale of 8,500 non-core acres in Johnson County, Wyoming to another undisclosed buyer Image: Samson Resources II announces sale of its Greater Green River Basin assets and certain Johnson County Powder River Basin assets. Photo: courtesy of skeeze from Pixabay. Samson Resources II, LLC (“Samson” or the “Company”) announced today that it has successfully closed the sale of its Greater Green River basin assets to an undisclosed buyer. The effective date of the sale was July 1, 2019. The Company also closed on the sale of 8,500 non-core acres in Johnson County, Wyoming to another undisclosed buyer. The Johnson County acreage had no associated production.The sale proceeds will be used for general corporate purposes and for the payment of a distribution totaling $46.0M ($2.00 / Class A Unit) (the “Special Distribution”) to be paid on November 20, 2019 to unitholders of record as of the close of business on November 1, 2019. Investors can access additional information about the Special Distribution on the Samson Investor Relations website.Joseph A. Mills, President and CEO of the Company stated, “We are very pleased to announce the closing of the sale of our Greater Green River basin assets, certain non-core Powder River Basin assets and the payment of a Special Distribution to our Investors.  With the sale of the Greater Green River basin assets, Samson is now a pure play E&P operator focused exclusively on the Powder River Basin (“PRB”) of Wyoming with over 154,000 net acres. Samson remains committed to executing its business plan and to the continued development of its extensive PRB assets. With our recent strong drilling results in the PRB, the Board of Directors has decided to explore strategic alternatives for the Company’s Powder River Basin assets, consistent with the strategy the company has pursued since emerging from bankruptcy in 2017. While conducting our strategic alternative review for these assets the Company remains committed to drilling safely and efficiently.”Jefferies LLC is the Company’s financial advisor and led the marketing process of the Greater Green River basin asset and will lead the strategic review process of the Company’s Powder River Basin assets.There is no assurance that the evaluation of Strategic Alternatives will lead to a transaction. The Company does not intend to disclose or comment on developments related to the process unless the Company has determined that further disclosure is appropriate or required by law. Source: Company Press Releaselast_img read more

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