Ford gives every employee a PC

Ford gives every employee a PC AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Will UK trade unions develop similar IT-related packages? UK Fundraising has already reported on the UNISON free ISP. Employee fundraisers will be quick to spot the possibility of accessing all the Ford employees via the Net, once this system has been created. Howard Lake | 7 February 2000 | News The skills development opportunities are immense, as are the possible savings and improvements on internal communications. The programme launches in the US in April and internationally within a year. Ford Motor Company has agreed with a trade union to give every employee, all 350,000 of them, a PC, colour printer and Internet access for $5 a month. read more

£4m fund to help community-led organisations create new income streams

first_img Howard Lake | 18 November 2005 | News AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis The Home Office has announced a £4 million Capital Programme fund, which will enable community-led organisations to develop asset bases and new income streams.Plans for the £4m Capital Programme Fund were unveiled during an event held at Manchester’s Chinese Arts Centre to celebrate the achievements of the Adventure Capital Fund (ACF) to date and its re-launch this year. The Capital Programme Fund will add to ACF’s range of products designed to help community-led organisations. ACF provides intensive and tailor made support and mentoring to organisations as a significant part of its ongoing investments. Advertisement £4m fund to help community-led organisations create new income streamscenter_img  9 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.last_img read more

Atlantic boosts Fund for older people

first_imgAtlantic boosts Fund for older people A small grants programme for older people in Northern Ireland has been enhanced by a contribution from Atlantic Pilanthropies. The Turkington Fund, previously administered by the Northern Ireland Council for Voluntary Action, will now be run by the Community Foundation for Northern Ireland. The Turkington Fund was established in recognition and celebration of the contribution of older people to society. It offers funding for locally based community projects that are run by, and for, older people.Grants will generally range between £200 – £3000 maximum. The Fund will allocate some £60,000 each year in a range of small grants. While not exclusive, the Fund welcomes applications that address: Advertisement Howard Lake | 1 October 2007 | News AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis –The promotion of interaction between older people and other sections of the community— Activities to address shared concerns amongst groups of older people— Activities that focus on the positive contribution of older people within the community— Projects that enhance the active participation of older people in decision-making and policy influence— Encouragement of older people to engage with a range of social, educational, health and cultural activitiesPriority will be given to those applications that show a clear involvement of older people in the design and delivery of a project. The project does not need to be new or particularly innovative in nature, but its programme must be realistic and clearly thought through. An emphasis will be placed on locally-based self-help groups that are working in disadvantaged areas.For further information and an application for the Turkington Fund you can go to their website or contact:Sharon KillenCommunity Foundation for Northern IrelandCommunity House6a City Link Business ParkBelfastBT12 4HQTel: +44 (0) 28 90 245927Fax: +44 (0) 28 90 249438Email: [email protected]center_img Tagged with: Ireland  26 total views,  2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.last_img read more

Conducting a Successful Annual Giving Program: A Comprehensive Guide and Resource

first_img  16 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Tagged with: Individual giving Howard Lake | 23 May 2008 | News About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.center_img AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Conducting a Successful Annual Giving Program: A Comprehensive Guide and Resourcelast_img read more

Boom brings renewed push for water projects

first_img Facebook By admin – February 25, 2018 Twitter Boom brings renewed push for water projects WhatsApp Facebook WhatsApp Senator Charles Perry, Chair, Senate Committee on Agriculture, Water and Rural Affairs, speaks during the Water in Energy Conference Feb. 22, 2018, at Horseshoe Pavillion. Volumes of water pumped into Permian Basin oil wells surge with rising oil production, and oil companies in this arid region face renewed pressure to shore up supplies and curb their reliance on fresh water.Leaders in the oilfield water industry last week at the inaugural Permian Basin Water in Energy Conference at the Midland County Horseshoe Arena touted advances in treatment of brackish water and other alternatives to fresh water that help decrease competition with water used for drinking and irrigation. This included recycling and reusing the dirty “produced water” that emerges from an oil well.But even with recent advances, the longer horizontal wells that oil companies drill and frack with increasing intensity require more water and overall usage continues to rise. And most produced water is still injected in underground disposal wells instead of recycled amid concerns over a link between underground disposal and earthquakes.More than 400 people attended the conference hosted by the University of Texas of the Permian Basin, illustrating the level of interest among oil companies in developing better ways to manage fresh water supplies. The audience included representatives of private equity firms and water management companies hoping to break into a Permian Basin market for water supply and logistics.“Hotel rooms aren’t the only commodity that’s in short supply in Midland these days,” said Josh Adler, the CEO of Sourcewater, an online water exchange. “Water is the commodity that is really in short supply, and it’s going to get a lot worse.”Water consumption by Permian Basin oil wells doubled in 2017 to more than 60 billion gallons last year, according to data released last year the energy research firm IHS Markit that Adler cited. An average well consumes more than 20 million gallons of water.Adler estimated the actual increase in water usage was greater and advocates a water marketplace to help oil companies secure the water volume and qualities they need.Some of the Permian Basin’s biggest players touted lofty goals to use greater amounts of produced water, which is water that seeps up to the surface through the life of a well, to reduce their reliance on fresh water supplies.Apache Corp. set a target of produced water accounting for more than 50 percent of its overall water usage this year.Tyler Hussey, a water resource engineer with Apache, said water demand is approaching what the company is producing, so reusing it becomes a matter of business sustainability. The ultimate goal is reusing all of it, but doing so depends on more than just technology with challenges such as transportation and concentrated usage that companies could help solve if they collaborate.A September study from the UT Bureau of Economic Geology found there may be enough produced water to cover demand for fracking new wells, which require an average volume of water 10 times greater than they did a decade ago. But oil companies could be deterred from greater reuse of produced water by challenges such as cost, transportation and water ownership. “Water reuse and recycling has grown a bit,” said Trace Hight, CEO of On Point Oilfield Holdings, a saltwater disposal well company in the region opening deeper wells with greater capacity. “I think there’s great market opportunity for all three of these solutions, but I agree that the majority of all this water is going to have to be disposed of in the future.”Executives of water logistics companies argued that third parties building water infrastructure for multiple oil companies would ultimately save money and lessen risk.“If you look over the life of a field, there is a tremendous amount of uncertainty as to what it’s actually going to cost to develop water infrastructure in that field,” H20 Midstream CEO Jim Summers said, touting a system that could deliver water and gather it for treatment or disposal from multiple oil companies. “It’s a way we can change the economics and the scale of reuse, using common delivery infrastructure.”When oil prices crashed in late 2014, it led some oil companies to push back implementing new recycling technology or other programs aimed at water sustainability.Pioneer Natural Resources, for example, responded by cutting investments in water supply and infrastructure to a fifth of the planned $500 million in 2015.The company negotiated a deferment of a deal to buy treated waste water from the City of Odessa, before starting to take the water the following year. The deal is expected to net the city about $120 million over 11 years.Now Pioneer, which is one of the largest oil producers in the Permian, is spending $135 million to build water-related infrastructure in 2018 with plans to increase usage of produced water to about 20 percent of their overall volumes, up from about 5 percent in 2017.Pioneer is developing a field-wide water distribution system managed from a central control room. The company also reached an agreement with Midland upgrading the city’s wastewater treatment plant in return for a long-term water supply that will amount to twice as much a day what the company pumps from Odessa.“Water is critical and as we all grow we need more of it,” said Alan Van Reet, operations manager for Pioneer Water Management, a subsidiary of the oil company. Company officials have also said the water system will cut costs per well by about $500,000 and they may eventually expand water sales to other companies. But for now, the company’s water system is meant to meet their own needs.“It’s not like we have a ton of secrets in water that each other don’t have,” Van Reet said. “That said, it’s a lot of capital and that capital only gets support for what we can commit to our volumes on it. . . We did not oversize it to preplan for a bunch of other folks water in and out of it.”More informationcenter_img Pinterest Pinterest Previous articleArea athletes shoot, score at Special Olympics Texas basketball eventNext articleCOLLEGE BASEBALL: UTPB rallies to earn split against Newman admin Local NewsBusiness Twitter  Here is a link to the UT study this article references: Click here Here is a link to the site for the conference: Click here Here is a link to previous coverage: Click herelast_img read more

Washington Post’s Marty Baron says he’s retiring next month

first_imgLocal NewsBusinessUS News Washington Post’s Marty Baron says he’s retiring next month Facebook Pinterest WhatsApp Facebook By Digital AIM Web Support – January 26, 2021 Twittercenter_img WhatsApp Previous articleCraig A. Hodges, Ph.D., Awarded Sensory Sentinel™ Grant by Turner ScientificNext articleNational Survey Shows Veterans are Optimistic About Homebuying in 2021 Digital AIM Web Support Twitter Pinterest TAGS  NEW YORK (AP) — Washington Post Executive Editor Marty Baron, who has led the resurgent newspaper as it nearly doubled its staff in eight years, said Tuesday that he will retire at the end of February. One of the nation’s top journalism executives, Baron led the Post through a digital transformation and drove it through intense competition with The New York Times, another news organization that thrived through the Trump era. Baron was the top editor at the Boston Globe and Miami Herald before taking over at the Post. Many outside journalism know him through actor Liev Schreiber’s portrayal in the 2015 movie “Spotlight” about the Globe’s investigation of the Catholic Church. It was one of many “epic” news stories during his 45 years in journalism that Baron recalled working on in a note sent to Post staff members on Tuesday. “The experience has been deeply meaningful, enriched by colleagues who made me a better professional and a better person,” he wrote. “At age 66, I feel ready to move on.” His retirement wasn’t entirely a surprise, after he committed to colleagues two years ago to take the newspaper through another presidential inauguration. The Post’s staff increased from 580 journalists to more than 1,000 during his tenure. Aggressive coverage of the Trump administration often led the former president to attack it and owner Jeff Bezos. Baron would respond that “we’re not at war with the administration. We’re at work.” “You leave behind a newsroom that is bigger and stronger and more thoughtful than ever,” Bezos posted on Instagram. “You led with integrity, always — even when it was exhausting (which it often was).” Many who worked with him vouched for the accuracy of Schreiber’s depiction of a quiet, demanding and occasionally brittle boss. Post correspondent Philip Rucker tweeted that it was “crushing news. Marty made us all smarter journalists and pushed us collectively to exciting new heights.” He led the paper as it sought answers for the 2018 murder of Saudi columnist Jamal Khashoggi. The Post had some growing pains, with Black journalists pushing for greater representation. During his tenure, the paper has won 10 Pulitzer Prizes. The Post’s publisher and CEO, Fred Ryan, said Baron had “significantly expanded our coverage areas, inspired great reporting, managed an awesome digital transformation and grown the number of readers and subscribers to unprecedented levels.” He promised a “broad and inclusive” search for Baron’s successor, considering both internal and external candidates.last_img read more

A Look at Securitized Trusts and Diversity Jurisdiction

first_imgHome / Daily Dose / A Look at Securitized Trusts and Diversity Jurisdiction  Print This Post Data Provider Black Knight to Acquire Top of Mind 2 days ago June 19, 2019 1,818 Views Emilie K. Edling is the Appellate Practice Chair for the national law firm, Houser & Allison, APC. Her practice focuses on mortgage servicing and other business litigation, as well as appellate advocacy before Washington, California, and Oregon Courts, Federal Circuit Courts, and Bankruptcy Appellate Panels. Ms. Edling’s appellate successes include the lead Oregon case clarifying the proof required to show entitlement to enforce a note, Deutsche Bank Trust Co. Americas v. Walmsley, 277 Or App 690, 696-97 374 P3d 937 (2016), and the recent decision in Demarest v. HSBC Bank USA, N.A. as Tr. for registered holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE2, No. 17-56432, 2019 WL 1510430 (9th Cir. Apr. 8, 2019). She can be reached at [email protected] In a good news ruling for Investors in mortgage real estate trusts, the Ninth Circuit Court of Appeals has published a decision which allows securitized trusts to stay in federal court based on diversity jurisdiction. The Court rejected an argument that would have jeopardized the ability of investment trusts to ever remove a lawsuit to federal court on diversity jurisdiction grounds.  See Demarest v. HSBC Bank USA, N.A. as Tr. for registered holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE2, No. 17-56432, 2019 WL 1510430 (9th Cir. Apr. 8, 2019).  Federal Courts are preferred for those with mortgage investment interests for a number of reasons, such as locale, court processes, efficiency, and quality.The Demarest case involved a borrower, Joan Demarest, who initiated several suits to stall foreclosure on property securing her loan after she defaulted on her loan.  Demarest filed her latest suit against “HSBC Bank USA, N.A.,” the entity serving as trustee for an investment trust (the “Trust”) to which Demarest’s note and deed of trust had been transferred.  The defendant in the suit removed the case to federal court, identifying itself as “HSBC Bank USA, N.A., as Trustee for the Registered Holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE2,” providing the full name of the Trust.  The Trust’s removal notice advised that removal was proper based on diversity jurisdiction because Demarest was a California citizen and HSBC was a national banking association considered a citizen of Virginia for diversity jurisdiction purposes.Demarest did not challenge the removal during the trial court proceedings.  However, when the Trust later prevailed on summary judgment, Demarest appealed, asserting for the first time  that an investment trust could only establish diversity jurisdiction by showing that the citizenship of all of its beneficiaries – not just its trustee – was diverse from the plaintiff.Although the Ninth Circuit has ruled for decades that a trust’s citizenship is that of its trustee, Demarest argued that this precedent had been overturned three years ago, when the U.S. Supreme Court considered the case, Americold Realty Trust v. Conagra Foods, Inc., 136 S. Ct. 1012 (2016).  In Americold, the Supreme Court was asked to determine whether diversity jurisdiction existed in a case involving an unincorporated real estate investment trust created under Maryland law, which had brought suit in its own name, as it was authorized to do pursuant to Maryland statute.  The Americold Court concluded that the Maryland trust’s citizenship for diversity jurisdiction purposes was that of the trust’s members rather than its trustees, likening the Maryland trust to a limited partnership or joint-stock company, artificial entities whose citizenship is determined by its members or shareholders.  Id. at 1016-1017.Since Americold, courts determining the citizenship of a trust for purposes of assessing diversity jurisdiction have applied different tests, but typically consider both the identity of the party actually named in the suit, as well as evaluate the type of trust involved.  See, e.g., Bynane v. Bank of New York Mellon for CWMBS, Inc. Asset-Backed Certificates Series 2006-24, 866 F.3d 351, 357 (5th Cir. 2017) (“Where a trustee has been sued or files suit in her own name, the only preliminary question a court must answer is whether the party is an active trustee whose control over the assets held in its name is real and substantial”); Raymond Loubier Irrevocable Tr. v. Loubier, 858 F.3d 719, 722 (2d Cir. 2017) (holding where a party trust was created “from trust agreements establishing only traditional fiduciary relationships” and is not a distinct entity under state law, legal proceedings were properly brought against the trustee and the trustee’s citizenship controlled).  Until Demarest, the Ninth Circuit had not yet weighed in on the issue.  Accordingly, Joan Demarest argued that Americold constituted a “sea change” in how courts determine the citizenship of a trust, and required the Ninth Circuit to find that an investment trust’s citizenship was that of all of its beneficiaries.Had Demarest prevailed in her argument, an investment trust’s ability to remove a case on diversity jurisdiction grounds would have been precluded unless the trust could prove that no beneficiaries of the trust resided in the same state as the borrower – a potentially formidable task, as the beneficiaries of these trusts presumably reside in many states across the country.  The Ninth Circuit rejected the argument, however, finding that the citizenship of an investment trust, sued in its own name, and arising out of a trust agreement containing typical fiduciary powers, is the citizenship of its trustee.The Court’s decision was premised on two separate grounds.  First, the Court distinguished Americold from Demarest on the grounds that the trust in Americold had brought suit in the trust’s own name, as it was allowed to under Maryland law.  In contrast, Demarest had brought suit against “HSBC Bank, N.A.,” itself, naming the Trustee only and not the Trust.  The Demarest Court noted that Americold, as well as other prior Supreme Court precedent, supported the ruling that “when a trustee files a lawsuit or is sued in her own name, her citizenship is all that matters for diversity purposes.”  Demarest, 2019 WL 1510430, at *5 (citing Americold, 136 S. Ct. at 1016; Navarro Savings Assn. v. Lee, 446 U.S. 458, 462-466, 100 S. Ct. 1779 (1980)).Second, the Ninth Circuit distinguished the mortgage-backed investment trust in Demarest from the Maryland investment trust in Americold, finding that the Trust in Demarest was, “under any criteria, properly characterized as a traditional trust.”  2019 WL 1510430, at *5. The Court noted that traditionally a trust was not considered a distinct legal entity capable of suing and being sued, and that the Maryland trust in Americold therefore differed from a traditional trust because it was authorized by statute to sue in its own name.  Further, the Trust Agreement governing the Trust in Demarest indicated that it was a common law trust governed by New York law and provided that HSBC as Trustee had the power to hold the Trust’s assets, sue in its own name, transact the Trust’s business, and engage in other necessary activities.  HSBC as Trustee was therefore the real party in interest for the Trust, given it possessed “certain customary powers to hold, manage, and dispose of assets for the benefit of others.” 2019 WL 1510430, at *5. The Court held that, as the real party in interest, a trustee’s citizenship controlled for purposes of the diversity jurisdiction analysis.In sum, the Demarest Court concluded that Americold was limited in application, and did not upset Ninth Circuit or prior U.S. Supreme Court precedent holding that where a trustee is sued in its own name, or where it is a traditional trust that is sued, the citizenship of the trust remains that of its trustee. Demand Propels Home Prices Upward 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago Previous: The Silver Lining: Natural Disasters and Tech Next: Shifting Priorities for Single-Family Zoning The Best Markets For Residential Property Investors 2 days ago Share Save Data Provider Black Knight to Acquire Top of Mind 2 days agocenter_img Tagged with: Diversity Law About Author: Emilie K. Edling A Look at Securitized Trusts and Diversity Jurisdiction Demand Propels Home Prices Upward 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Diversity Law 2019-06-19 Seth Welborn Related Articles Sign up for DS News Daily Servicers Navigate the Post-Pandemic World 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago in Daily Dose, Featured, Investment, News Subscribelast_img read more

Existing And Proposed Centres Of Legal Education Shall Get ‘Regular Approval’ From BCI: Bombay HC Upholds Rule 2(xxiv) Of Rules Of Legal Education [Read Judgment]

first_imgNews UpdatesExisting And Proposed Centres Of Legal Education Shall Get ‘Regular Approval’ From BCI: Bombay HC Upholds Rule 2(xxiv) Of Rules Of Legal Education [Read Judgment] LIVELAW NEWS NETWORK10 April 2020 12:13 AMShare This – xThe Bombay High Court has upheld the Rule 2(xxiv) of the Rules of Legal Education, 2008 which prevents Centres of Legal Education from imparting education without obtaining approval of the Bar Council of India. The bench of Justices Amit Borkar and AS Chandurkar observed that unless regular approval as contemplated under the Rules of 2008 is received by a Centre of Legal…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 Bombay High Court has upheld the Rule 2(xxiv) of the Rules of Legal Education, 2008 which prevents Centres of Legal Education from imparting education without obtaining approval of the Bar Council of India. The bench of Justices Amit Borkar and AS Chandurkar observed that unless regular approval as contemplated under the Rules of 2008 is received by a Centre of Legal Education notwithstanding it having been granted permanent approval earlier, such Centre of Legal Education would not be in a position to admit any student and impart instructions from 2009-10 onwards Dr. Babasaheb Ambedkar College of Law and Rashtra Sant Tukdoji Maharaj Nagpur University had approached the High Court challenging Rule 2(xxiv), which defines the expression “regular approval” means approval for a period not exceeding five years including permanent approval granted earlier to any Centre of Legal Education before the Rules of 2008 came into force. They also sought a declaration that the Law College was not required to seek fresh approval from the Bar Council of India since it was already granted permanent approval. Referring to the scheme of Advocates Act and BCI Rules, the Court noted that it is the function of the Bar Council of India to promote legal education and lay down standards of such education in consultation with Universities in India imparting such education as well as the State Bar Councils and also to recognize Universities whose degree in law is a qualification for enrolment as an Advocate.”Bar Council of India while discharging its function of promoting legal education and laying down standards of such education has been conferred the necessary power to prescribe, by framing rules, the standards of legal education to be observed by Universities. This rule making power would thus include the power to modify existing rules with a view to maintain and improve the standards of legal education in Universities.” While rejecting the prayer to declare that the college was not required to seek fresh approval, the bench further observed: Rule 2(xxiv) of the Rules of 2008 defines “regular approval” to mean approval for not more than five years and includes permanent approval granted earlier before the Rules of 2008 came into force. Grant of regular approval under the Rules of 2008 pre-supposes regular inspection of a new University or any affiliated Centre of Legal Education. It is also the basis for seeking accreditation from the Bar Council of India. Permanent approval granted prior to the Rules of 2008 coming into force is now treated as regular approval that is to operate for a period of five years subject to necessary compliances being made. Approval thus granted earlier would be an existing right and not a vested right. This right of approval being purely procedural in nature, permanent approval granted prior to 2008 would therefore have to yield to the requirements prescribed by the Rules of 2008 in the matter of grant of regular approval. There is no scope to interpret said provision of regular approval as excluding permanent approval granted prior to the Rules of 2008 coming into force. In absence of there being any vested right in matters of procedure, the provisions of Rule 2(xxiv) of the Rules of 2008 which include permanent approval granted earlier would not become invalid on the anvil of retrospectivity.Appearance: Shri M.G. Bhangde, Senior Advocate with Shri P.B. Patil, counsel for petitioners. Shri J.Y. Ghurde, Assistant Government Pleader for respondent no.1. Shri A.S. Jaiswal, Senior Advocate with Shri K.R. Narwade, counsel for respondent no.2. Click here to Read/Download JudgmentRead Judgment 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

Supreme Court Weekly Round Up

first_imgTop StoriesSupreme Court Weekly Round Up Sanya Talwar31 May 2020 5:56 AMShare This – xWeek Commencing May 25 to May 31, 20201) No Travel Fare To Be Charged On Migrants; Notify Places Providing Food For Stranded Migrants : SC Directs [In Re: Problems & Miseries of Migrant Workers] Taking note of the miseries of stranded migrants across the country, the Supreme Court passed a slew of significant directions to safeguard their rights. These include free travel, free food and expeditious registration among others….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?Login1) No Travel Fare To Be Charged On Migrants; Notify Places Providing Food For Stranded Migrants : SC Directs [In Re: Problems & Miseries of Migrant Workers] Taking note of the miseries of stranded migrants across the country, the Supreme Court passed a slew of significant directions to safeguard their rights. These include free travel, free food and expeditious registration among others. The bench comprising Justices Ashok Bhushan, S K Kaul and M R Shah also directed the Centre to place on record information regarding number of migrants awaiting , transportation to native places, plan for transportation and mechanism of registration and other requisite details. Also Read: ‘Prophets Of Doom’ & ‘Arm Chair Intellectuals’ Spreading Negativity; ‘Local Instigation’ Encouraging Migrants To Walk : Solicitor General Also Read: No National Plan, Minimum Standards As Per Disaster Management Act For Lockdown : Sr Adv Kapil Sibal Tells SC 2) Employee Can Be Dismissed In Disciplinary Inquiry Completed After Retirement If Rules Permit It: SC Holds By 2:1 Majority [Chairman-cum-MD Mahanadi Coalfield Ltd. V. Rabindranath Choubey]The Supreme Court [2:1] has observed that disciplinary enquiry against an employee can continue even after the retirement of the employee and major punishment like dismissal or removal can be imposed, if the relevant Service Rules permit it. Overruling the decision in Jaswant Singh Gil, the majority of the bench Justices Arun Mishra and MR Shah, referring to a three judge bench decision in State Bank of India v. Ram Lal Bhaskar, (2011) 10 SCC 249, while Justice Ajay Rastogi dissented. 3) Retirement Of One Partner Amounts To Dissolution Of Partnership Firm Consisting Of Only Two Partners: SC [Guru Nanak Industries, Faridabad V. Amar Singh (Dead) Thr. LR’s]The Supreme Court held that when there are only two partners and one has agreed to retire, then the retirement amounts to dissolution of the firm. A bench of Justices NV Ramana, Sanjiv Khanna and Krishna Murari also discussed the distinction between ‘retirement of a partner’ and ‘dissolution of a partnership firm’ emphasisin that when there are only two partners and one has agreed to retire, then the retirement amounts to dissolution of the firm [ref. Erach F.D. Mehta v. Minoo F.D. Mehta] 4) [Section 157 CrPC] Mere Delay In Forwarding FIR To Magistrate By Itself Is Not A Ground To Acquit The Accused: SC [Ombir Singh V. State of UP]The Supreme Court reiterated that the delay in sending the FIR to the Magistrate in compliance of Section 157 of the Code of Criminal Procedure cannot, in itself, be a ground to acquit the accused. A bench of Justices NV Ramana, Mohan M. Shanthanagoudar and Sanjiv Khanna noted the judgment Jafel Biswas v. State of West Bengal wherein the effect of delay in compliance of Section 157 of the Code and its legal impact on the trial was examined. In the said decision, it was held that mere delay in sending the report itself cannot lead to a conclusion that the trial is vitiated or the accused is entitled to be acquitted on this ground. 5) SC Allows Air India To Operate Non-Scheduled Flights With Middle Seat Bookings For 10 Days [Union of India & Anr. V. Deven Yogesh Kanani & Ors. & Air India Ltd. & Anr V Deven Yogesh Kanani & Ors.]The Supreme Court allowed Air India to operate non-scheduled flights with centre seat bookings for 10 days up to June 6. However, the Court added that for non-scheduled operations after that, Air India should follow the Bombay High Court’s direction to keep middle seats vacant. A bench headed by CJI Bobde passed the order in the petitions filed by Ministry of Civil Aviation and Air India against the May 22 order of the Bombay HC which directed Air India to keep middle seats empty even in respect of its non-scheduled international operations. 6) Amrapali : Homebuyers Should Not Be Under The Impression That They Can Enjoy Benefits Without Paying Dues, Observes SC As It Reserves Orders On Various Issues [Bikram Chatterji V. Union of India]The Supreme Court orally remarked that the homebuyers of the stalled-Amrapali project should not be under the impression that they can enjoy the benefits without paying the dues. After hearing several Intervention Applications in the matter, a bench of Justices Arun Mishra and UU Lalit reserved its orders on three specific issues, i.e. the financing of projects by State banks, whether to sell off surplus FARs (Floor Area Ratio) to raise funds or first return them to the Noida/Greater Noida authorities, and whether to grant additional compensation to the Greater Noida authorities. 7) Vizag Gas Leak : SC Agrees To Permit 30 Personnel From LG Polymers To Access The Chemical Plant [LG Polymers V. Andhra Pradesh Pollution Control Board] The Supreme Court agreed to grant access to 30 persons from LG Polymers to the chemical plant wherein the Vizag Gas Leak Tragedy took place on May 7, which left multiple people dead and injured. A Bench of Justices UU Lalit, Mohan M. Shantanagoudar and Vineet Saran while hearing a plea by LG Polymers against the order of National Green Tribunal directed the Petitioner to provide a list of 30 personnel who may be granted access to the plant. The list of these 30 people is to be submitted to the District Collector by 3pm on the same day (May 26, 2020).8) [MHA Notification On Full Wages] SC Says ‘Interim Order Restraining Coercive Action Against Employers In Jute Mills Case To Continue’; Adjourns other connected matters [Batch Petitions]The Supreme Court adjourned a batch of petitions challenging the direction passed by the Union Ministry of Home Affairs on March 29 directing employers to pay full wages to workers without deduction during lockdown. Court also directed the Centre to file reply and listed the matters after two weeks. Furthermore, in the Jute Mills Association case the same bench of Justices Ashok Bhushan, Sanjay Kishan Kaul & MR Shah directed that the interim order passed on May 15 restraining coercive action against the employer for non-payment of wages as per MHA direction shall continue.9. ‘Don’t Let People Instigate Law And Order Issues’ , SC Observes While Seeking Centre’s Response On Plea Against Communalization Of Nizamuddin Markaz Issue [Jamiat-Ulema-i-Hind V. Union of India] The Supreme Court on Wednesday sought the response of the Centre in a plea seeking strict action against the media for communalization of the Tablighi Jamaat meeting in Delhi’s Nizamuddin. A bench of Chief Justice SA Bobde, Justices AS Bopanna & Hrishikesh Roy directed the Petitioners to implead the the News Broadcasters Association (NBA) as well as the Additional Solicitor General KM Natraj to file a reply explaining as to why no action was taken by the Government under Sections 19 & 20 of the Cable Televisions Networks (Regulation) Act, 1995. 10. SC Allows TN Govt To Use For COVID-19 Treatment Floors Of Hospital Facing Demolition Action [M/S Billroth Hospitals V. State of Tamil Nadu]The Supreme Court on Wednesday allowed Tamil Nadu Government to use for COVID-19 treatment the floors of a hospital facing a demolition action on the ground of unauthorized construction. The Court passed the order in an application filed by Billroth Hospital, against which an order of demolition has been passed with respect to its 4th to 8th floors. In June last year, the SC had stayed the demolition. A bench comprising Chief Justice S A Bobde, Justices AS Bopanna and Hrishikesh Roy was hearing an application moved by the hospital, seeking permission to use the 4th to 7th floor for COVID19 patients. Bench observed that the hospital cannot be permitted to use the floors, however, since the State Government has made the request, it can be permitted to use the floors.11. SC To Examine Whether It’s Order On Extension Of Limitation Affect An Accused’ Right To Default Bail Under Section 167(2) CrPC [S. Kasi V. State Thr. Inspector of Police Tamil Nadu]The Supreme Court issued notice on the SLP preferred against the May 11 order of the Madras High Court holding that the accused cannot claim ‘default’ bail taking advantage of the March 23 suo moto order the Supreme Court to extend limitation periods in view of the COVID-19 lockdown. The SLP urges that the High Court did not consider that section 167(2) does not bar the filing of the chargesheet even after the period specified therein, that the implication of the provision is that if the chargesheet is not filed within the stipulated period, the magistrate is divested of the jurisdiction to authors the detention of the accused. 12. SC Refuses Congress Leader’s Plea For Quashing of FIRs In Different States Based On His Tweet Allegedly Hurting Religious Sentiments [Pankaj Punia V. State of Haryana]The Supreme Court refused a plea of Haryana Congress leader Pankaj Punia, arrested by Haryana police on May 20 on a FIR for allegedly “hurting religious feelings” through a Twitter post, for quashing other similar ones lodged in Uttar Pradesh and Madhya Pradesh. The bench of Justices Arun Mishra, Abdul Nazeer and Indira Banerjee, however, granted liberty to the petitioner “to approach the concerned High Court/appropriate Forum”. 13. SC Agrees To Hear Cyrus Mistry’s Cross-Action Against NCLAT’s Judgement, Tags With Appeals By Tata [Cyrus Investments & Anr. V. Tata Sons] The Supreme Court agreed to hear Cyrus Mistry’s appeal against the National Company Appellate Tribunal’s (NCLAT) judgement which had reinstated him as the Executive Chairman of Tata Group. By way of this cross-action appeal, Mistry has sought expansive relief against the Judgement. A bench of Justices AS Bopanna and Hrishikesh Roy tagged the appeal with Ratan Tata and Tata Group’s appeal challenging the same judgement passed by the NCLAT in December 2019.14. SC Issues Notice On Challenge To February 28 Presidential Order To Resume Delimitation Of Assam’s Assembly, Parliamentary Constituencies [Brelithmarak V. Bhanu Jay Rabha]The Supreme Court bench headed by Chief Justice SA Bobde issued notice on a plea challenging the promulgation of the Presidential Order of February 28 through which the earlier February 8, 2008 Notification, deferring the process of delimitation for the State of Assam, has been rescinded and the process of delimitation of the Assembly and Parliamentary constituencies of the state has been decided to be resumed.15. Identify Private Hospitals Where Cost-Effective/Free Treatment For COVID-19 Can Be Done : SC Tells Centre [Sachin Jain V. Union of India]The Supreme Court bench of Chief Justice SA Bobde, Justices AS Bopanna & Hrishikesh Roy directed the Centre to identify a list of those hospitals where minimum or free of cost treatment can be done for treatment of Coronavirus and listed the matter after a week. The bench was hearing a plea seeking nationwide cost related regulations for treatment of Coronavirus patients at private and corporate hospitals. 16. SC Issues Notices To Assam, UP, Manipur and Arunachal Pradesh In Sharjeel Imam’s plea For Consolidation of FIRs [Sharjeel Imam V. Union of India]The Supreme Court issued notice to four states in Sharjeel Imam’s plea for consolidation of FIRs filed against him across the country for investigation by a single agency. A bench comprising Justices Ashok Bhushan, Sanjay Kishan Kaul and MR Shah issued notices to states of Assam, UP, Manipur and Arunachal Pradesh, wherein the FIRs had been filed against him. 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

Pro-life Legislation In Indiana

first_imgPro-life Legislation In IndianaAs a pro-life supporter and policymaker, this legislative session I co-authored a measure establishing a system for proper disposal of fetal remains by facilities that receive the remains – either from miscarriages or abortions – while also making it illegal to transport aborted fetuses into or out of Indiana.This piece of legislation was crafted after it was discovered that a medical waste company in Indiana was accepting containers with fetal tissue.With this proposal, Hoosiers can find a bit of solace knowing that Indiana’s landfills will no longer contain human remains. Fetal remains should not be dealt with in such a disrespectful manner, and House Enrolled Act 1337 is meant to assure that the remains of unborn children are treated with respect and dignity rather than deposited into our landfills.After House members supported this measure in February, it was considered by the Senate and amended to also prohibit an abortion in Indiana on the sole grounds of the race, color, national origin, ancestry or sex of the fetus; or a diagnosis or potential diagnosis of the fetus having Down syndrome or any other disability. It alsorequires physicians to provide information about hospice care to a pregnant woman who is considering an abortion because the unborn child has been diagnosed with a life threatening disability or because of race, sex, national origin or ancestry. It also provides for disciplinary sanctions and civil liability for a wrongful death if a physician knowingly performs an abortion based on any of these categories.The House voted to pass the amended version of the bill to help save the lives of infants in Indiana who may not have the chance to live otherwise and to make it a misdemeanor to knowingly transport an aborted fetus into or out of Indiana except for the purpose of burial or cremation.At this point, the governor has three choices concerning this enrolled act. He could sign it into law, he could veto the enrolled act, or he could let the enrolled act become law without his signature. Visit www.in.gov/gov/2016billwatch to learn about the status of this and other proposals for new laws. If you have any questions or input, please contact me at [email protected] or by calling 1-800-382-9841.FacebookTwitterCopy LinkEmailSharelast_img read more