St Kilda West / Kennedy Nolan

first_imgCopyHouses, Refurbishment•St Kilda West, Australia Projects Houses Save this picture!© Derek Swalwell+ 13 Share “COPY” ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/517276/st-kilda-west-kennedy-nolan Clipboard ArchDaily St Kilda West / Kennedy Nolan CopyAbout this officeKennedy NolanOfficeFollowProductSteel#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesRefurbishmentSt Kilda WestHousesAustraliaPublished on June 20, 2014Cite: “St Kilda West / Kennedy Nolan ” 20 Jun 2014. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogPartitionsSkyfoldRetractable Walls – Stepped & Sloped SpacesVinyl Walls3MArchitectural Finishes DI-NOC in SkyPodsShowerhansgroheShowers – Croma EDoorsC.R. LaurenceMonterey Bi-Folding Glass Wall SystemTable LampsLouis PoulsenLamps – Panthella PortableBeams / PillarsLunawoodThermowood Frames and BearersSealantsEffisusMetal Roof Flashing – Stopper MRDropped CeilingsPure + FreeFormLinear Clip-Strip Ceiling SystemUrban ShadingPunto DesignPavilion – CUBEVentilated / Double Skin FacadeULMA Architectural SolutionsPaper Facade Panel in Nokia LibraryLouversAccoyaAccoya® Wood for Shutters and LouvresSpa / WellnessKlafsGyms & Relaxation RoomsMore products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream Australia “COPY”center_img Year:  2013 2013 photographs:  Derek SwalwellPhotographs:  Derek SwalwellSave this picture!© Derek SwalwellRecommended ProductsWindowsJansenWindows – Janisol PrimoWindowsStudcoSteel Window Reveal – EzyRevealWindowsFAKRORoof Windows – FPP-V preSelect MAXResidential ApplicationsULMA Architectural SolutionsAir Facade Panels in Fonsanta RestaurationText description provided by the architects. Our task in designing this house was to accommodate a family on a sloping site – long and relatively narrow and incorporating an existing Victorian house. We also needed to ensure that the highly serviced building minimised energy use through passive solar design.Save this picture!Floor PlanWhilst the accommodation requirements and the shape, orientation and terrain of the site largely determined the formal arrangement of the house, the articulation of the fabric and the detail design were generated from both the passive solar methods employed and more significantly, our Client’s request that the architecture reflect their extensive time living in various parts of Asia.Save this picture!© Derek SwalwellWe were conscious of avoiding a literal or thematic depiction of ‘Asian’ architecture, so the connections are subltle and characterised by a minimal palette of colour, texture and form and an attempt to reference the qualitative aspects of Asian architecture rather than obvious visual representations.Save this picture!© Derek SwalwellThat the house functions effectively for a family with frequent guests and supports both family life and individual privacy is a satisfying outcome for us.   The significant achievement however, is the unexpected narrative that the house offers once through the front door. There is a sense of space unfolding and the suggestion of more at every turn. There is also a quietness in this house, a stillness and sense of retreat from the city – perhaps the most essential link to Asia.Project gallerySee allShow lessEmerging Practices in India: Abin Design StudioInterviewsLonberg-Holm: The Forgotten Architect, RememberedMisc Share Photographs Architects: Kennedy Nolan Year Completion year of this architecture project Year:  St Kilda West / Kennedy NolanSave this projectSaveSt Kilda West / Kennedy Nolan ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/517276/st-kilda-west-kennedy-nolan Clipboardlast_img read more

Invisible Grantmakers 2016 report published

first_img  37 total views,  1 views today Melanie May | 11 May 2016 | News About Melanie May Melanie May is a journalist and copywriter specialising in writing both for and about the charity and marketing services sectors since 2001. She can be reached via www.thepurplepim.com. Invisible Grantmakers 2016 report published Social Partnership Marketing has published Invisible Grantmakers 2016, the nineteenth annual edition of its specialist report for trust fundraisers and prospect researchers.Invisible Grantmakers 2016 lists 100 grantmaking trusts that are not featured in the most widely used trust reference sources. This year’s selection has a collective income of £100 million and distributed £20 million in grants last year.Print copies of the report cost £126; PDF copies are also available. More information is available at: www.socialpartnershipmarketing.co.uk/purchase-publications/ or via [email protected] Tagged with: Funding Advertisement AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis6  38 total views,  2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis6last_img read more

Five former TCU football players selected in inaugural XFL draft

first_imgTwitter Linkedin 2020/21 NFL Exit Interviews – NFC East 2021 NFL Mock Draft (Part 1) Special Previous article25 years of legacy: Women and gender studies at TCUNext articleVolleyball swept by Kansas on the road Jack Wallace RELATED ARTICLESMORE FROM AUTHOR Jack Wallace TCU taking the field against SMU. Photo by Hunter Smith Jack Wallacehttps://www.tcu360.com/author/jack-wallace/ printTCU running back Kyle Hicks carries the football against the Oklahoma Sooners. (Photo By Sam Bruton/TCU Photographer)TCU football is no stranger to sending graduates to play in the professional tier, and that tradition continued with the rebirth of the XFL. Five former Frogs were chosen by XFL squads in preparation for the revival this upcoming February of the once WWE-controlled league.The draft format consisted of five phases, the first four with 10 rounds each, and then an “open draft” phase of 30 rounds, usually for special teams players. The first four rounds consist of offensive skill positions, offensive linemen, defensive front seven, and defensive backs.In the opening round, former running back Kyle Hicks was selected by the Houston Roughnecks as their first running back selection. Hicks’ accolades throughout his TCU career include an Honorable Mention All-Big 12 selection in 2016. Houston also selected Tayo Fabuluje, an offensive tackle who played in the 2012 season for the Frogs. He was originally drafted in the sixth round of the 2015 NFL Draft by the Chicago Bears.The Seattle Dragons picked Stansly Maponga as the third overall pick in the defensive front seven phase. Maponga played from 2011-12 at TCU and was selected to the All-Big 12 First Team and AP All-Big 12 Second Teams in 2012. The final defensive Frog off the board was Ranthong Texada, one of TCU’s best defensive backs in recent memory. Texada’s accolades include 2014 Scout.com Second-Team Freshman All-American, 2016 Honorable Mention All-Big 12, and 2017 AP First-Team All-Big 12. Cole Hunt, a former TCU grad transfer tight end from Rice, was the final Frog selection in the XFL draft. Hunt was taken by the St. Louis Battlehawks. Hunt earned an Honorable-Mention All-Big 12 and First-Team Academic All-Big 12 nod in his sole season at TCU.The local XFL team, the Dallas Renegades, did not draft any Horned Frogs but will host five home games at Globe Life Park in Arlington starting the week after Super Bowl Sunday. Jack Wallacehttps://www.tcu360.com/author/jack-wallace/ ReddIt Facebook TCU rowing program strengthens after facing COVID-19 setbacks Jack is a junior journalism major and studio art minor from Atlanta, Georgia. He enjoys everything sports and co-runs the Blanket Coverage podcast as well as photographs for TCU360.center_img 2020/21 NFL Exit Interviews – NFC West Jack Wallacehttps://www.tcu360.com/author/jack-wallace/ Twitter + posts Another series win lands TCU Baseball in the top 5, earns Sikes conference award Facebook Linkedin ReddIt TCU News Now 4/28/2021 TAGSfootballsportsXFL Jack Wallacehttps://www.tcu360.com/author/jack-wallace/ TCU baseball finds their biggest fan just by saying hellolast_img read more

Rate Of Interest For Pendente Lite And Future Period

first_imgKnow the LawRate Of Interest For Pendente Lite And Future Period Pragati Aggarwal3 Oct 2020 8:45 PMShare This – xThis article is primarily in relation to the Original Applications (OAs) filed by banks and Financial Institutions (FIs) in Debt Recovery Tribunals (DRTs) under the provisions of Recovery of Debt and Bankruptcy Act, 1993 (RDB Act, 1993) Pendente Lite period means the period from the date of filing of the suit upto the date of judgment. Future period means the period from the date…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?LoginThis article is primarily in relation to the Original Applications (OAs) filed by banks and Financial Institutions (FIs) in Debt Recovery Tribunals (DRTs) under the provisions of Recovery of Debt and Bankruptcy Act, 1993 (RDB Act, 1993) Pendente Lite period means the period from the date of filing of the suit upto the date of judgment. Future period means the period from the date of judgment upto the date of realisation of the decretal amount. Nowadays banks and FIs are filing OAs in DRTs under the provisions of RDB Act, 1993 for recovery of huge amounts running into thousands of crores of rupees. In view of the same, the element of Rate of Interest has assumed a great importance. Most of the times, OAs filed by the banks and FIs are decreed for the claim amount but the interest for the pendente lite and future rate of interest is awarded at a rate lower than the contractual rate and that too on simple basis instead of on compound basis. RDB Act, 1993 vide Section 19(20) provides about the payment of interest for pendente lite and future rate of interest as below – “(20) The Tribunal may, after giving the applicant and the defendant an opportunity of being heard, pass such interim or final order, including the order for payment of interest from the date on or before which payment of the amount is found due upto the date of realisation or actual payment, on the application as it thinks fit to meet the ends of justice.” Before discussing the legal aspects of the above issue, let us understand the significance of the pendente lite and future rate of interest by a few illustrations. Suppose an OA with a claim of Rs. 100 crores is decided by DRT in 6 years. The bank has claimed pendente lite and future period interest at the rate of 16% with quarterly rest and while deciding the above OA, the DRT grants only 12% interest per annum on simple basis. The calculation of interest for the pendente lite period in the above illustration are given in the following table – Principal Amount Rs. 100.00 crores Principal Amount Rs. 100.00 crores Compound Interest @ 16% per annum for 6 years with quarterly rests Rs. 156,33,04,164.89 Simple Interest @ 12% per annum for 6 years Rs. 72,00,00,000.00 Total Amount (A) Rs. 256,33,04,164.89 Total Amount (B) Rs. 172,00,00,000.00 Pecuniary Loss A – B = Rs. 84,33,04,164.89 Apart from the above pecuniary loss which had already occurred due to grant of reduced rate of interest on simple basis, the said loss is of a continuing nature accruing every month so long as the decretal amount is not realised in entirety. The severity of the pendente lite and future interest can be explained by another illustration where the pendency of the OA was for comparatively a longer period. Though RDB Act, 1993 vide section 19(24) stipulates that all possible efforts shall be made for disposal of the OA by DRTs within a period of 6 months, but the same is not happening and there are thousands of cases which are decided after periods of 5, 10, 15, 20 and even more than 20 years. There is one live matter which had been filed in Delhi High Court in 1986 and upon coming into force of RDB Act, 1993, the said matter was transferred to DRT-I, New Delhi. The said matter has already completed 34 years but is still pending for the adjudication. Now suppose, an OA with a claim of Rs. 50 crores is decided after pendency of 15 years and the DRT awards simple interest @10 % instead of the contractual rate of interest i.e., 15% with quarterly rest. The effect of reducing the pendente lite and future rate of interest from 15% with quarterly rest to 10% on simple basis is being explained in the following table Principal Amount Rs. 50.00 crores Principal Amount Rs. 50.00 crores Compound Interest @ 15% per annum for 15 years with quarterly rests Rs. 405,25,66,804.71 Simple Interest @ 10% per annum for 15 years Rs. 75,00,00,000.00 Total Amount (A) Rs. 455,25,66,804.71 Total Amount (B) Rs. 125,00,00,000.00. Pecuniary Loss A – B = Rs. 330,25,66,804.71 Generally speaking, the DRTs do not give any detailed reasoning for reducing the pendente lite and future rate of interest and/or making the same on simple basis as against the compound interest. It appears that the Hon’ble Judges while determining the pendenlite and future rate of interest do not apply their mind to the pros and cons of the same and perhaps are not aware of the fact that by so doing, they are going to cause loss of several crores of rupees to the banks and FIs and at the same time are granting unmerited financial bonus of corresponding amounts to the defaulters of the banks and FIs. Section 19(20) of RDB Act, 1993 which has been quoted above does not confer any discretion on the DRT to reduce the pendelite and future rate of interest but at the same time the said provision also does not stipulate that the DRT shall be bound to award pendente lite and future rate of interest at contractual rate only and that too on compound basis. Hence, there is a grey area and the tribunals pass the orders regarding pendente lite and future interest absolutely as per their discretion. In Central Bank of India v. Ravindra & ors. AIR 2001 SC 3095 (a Constitutional Bench decision), it has been held that the Expression “the principal sum adjudged” occurring in s. 34 CPC includes the amount of interest charged on periodical rests and capitalized with the principal sum actually advanced. It has been further held that “award of interest pendente lite and post-decree is discretionary with the court as it is essentially governed by s. 34 of CPC dehors the contract between the parties……………..The discretion shall be exercised fairly, judiciously and for reasons and not in arbitrary or fanciful manner.” It has been held in several cases that in the commercial loans, the pendente lite and future interest should be awarded at contractual rate (which comprises the rate of interest as well as the compounding rests) as a general rule and any reduction may be granted by the court in pendente lite and future interest only in exceptional cases for reasons to be recorded in writing. The Hon’ble Delhi High Court judgment in the matter of Canara bank vs. Marshall Cycle & Ors 1998 SCC OnLine Del 89 has held as under:- “It appears that the preponderance of authority is in favour of the view that when the borrower has promised to pay a particular rate of interest and avail the credit and on default by borrower, when an action is commenced ending in decree, the proper exercise of discretion would be to grant interest at the contractual rate from the date of suit till the date of realization. To reduce or deny interest would amount to penalizing the creditor for approaching the court and encouraging the debtor to deliberately and unjustly prolonging the litigation and this should be the ordinary rule” Further the Hon’ble Delhi High Court in Syndicate Bank vs. M/s W.B. Cements Ltd. 1988 SCC OnLine Del 254 has held that – “Para 14. …..The grant of interest at a rate less than the contractual rate, as matter of rule, will amount to giving a premium to those who trade upon the money of others. The defaulting borrower, in my opinion, cannot be given the benefit of the reduced rate of interest as a matter of rule only because the bank had to resort to legal recourse on account of non-payment by the borrower except of course in exceptional circumstances. The existence of exceptional or special circumstances will depend on the facts and circumstances of each case…… In my opinion, in commercial transaction, grant of interest at the contractual rate ought to be the rule and grant of interest at reduced rate a rare exception…..” The Hon’ble Gujarat High Court in the matter of Union Bank of India v. Narender Plastics 1990 SCC OnLine Guj 65 has held as under- Para 7: “The trial court ought to have realized that contractual rate of interest should be the rule and departure is a rare exception. This is so because ordinarily the court can not and would not vary the terms of contract arrived at between the parties. The mutual rights and obligations arising out of the contract are required to be respected and enforced by the courts. The court cannot and would not vary the terms of contract and impose a new contract on the parties. This is the basic underlying principle contained in the provisions of S. 34 of C.P. Code.” Para 8: “It is true that the court has discretion to make departure from the aforesaid ordinary rule. But such cases would be only those in which it manifestly appears to the court that the contract is unfair and unconscionable and its enforcement would be shocking to the conscience of the court.……..In cases wherein the amount advanced is to be recovered by public financial institutions, if the courts were to determine the “reasonable” rate of interest, it would be extremely hazardous and it may even lead to disastrous consequences. The task of managing the public money has been entrusted by the nation to the Bankers. It is not entrusted to the courts. Therefore, ordinarily it would not be proper for the courts to arrogate to themselves the task which is not assigned to them…….If the course adopted by the trial court is to be confirmed and if the Bankers are required to take “flexible and pragmatic” approach, it would be an invitation to the traders and businessmen to make defaults in making payments and enter a deal with bank officers……..If this course were to be approved, the honest debtors who are sincere and regular in making payment would be hit by dishonest and unscrupulous people.……..If such “flexible and pragmatic” approach is adopted by the bankers, the end product which may be delivered to the society would not be justice but it would certainly be atrocious injustice and ill-gotten gain by the defaulting debtors. All these would happen at the cost of the society. Such a course would have a dangerous portents for future justice delivery system itself.” Para 11: “It needs to be emphasized that weak financial condition should ordinarily not be the criterion for reducing the agreed rate of interest in commercial transactions. A businessman or a trader or an industrialist, who has taken loan from commercial bank or any other FI, would commit default only when his financial circumstances may not permit him to make regular payment and when he is passing through financial crisis. Default in making payment will tell upon his credit. Even one default may be precursor of major catastrophe. Whenever the bank or financial instrument is constrained to file a suit for recovery of money from defaulting debtors, in almost all cases it would be a case of weak financial position of the defaulting debtor. Therefore, weak financial position of defaulting debtor ordinarily cannot be a relevant circumstance for making departure from the rule that in a commercial transaction, the rate of interest to be awarded by the court should be the contractual rate of interest. The same view has been taken by Hon’ble Punjab and Haryana High Court in the matter of Kamlesh Bhargava Hospital and Research Centre (Pvt.) Ltd. and Ors. Vs. Debts Recovery Appellate Tribunal and Ors. reported in MANU/PH/2665/2012 – “26. It is the settled proposition of law that reduction of interest from contractual rate to a lower rate, would be permissible only in exceptional and special circumstances. So far as the present case is concerned, no such special or exceptional circumstances have been pointed out so as to enable this Court to interfere in the matter, reducing the contractual rate of interest. Even in the judgments relied upon by the learned senior counsel, it has been held that award of interest, pendente lite and post decree, is discretionary with the Court. In a given fact situation of the case, if the Court finds it appropriate to reduce the contractual rate of interest, it can exercise its discretion but the same is to be exercised judiciously. We have carefully scanned the record of the present case but could not find any sufficient reason to persuade ourselves, to agree with the contentions raised on behalf of the petitioners.” The Hon’ble Supreme Court in the matter of Punjab Financial Corporation Vs. Surya Auto Industries (2010) 1 SCC 297 has held that – “25. The High Court also committed serious error in declaring that the Appellant corporation will be entitled to charge simple interest at the rate of 10% w.e.f. 1.4.2003, i.e., after expiry of six months from the date of taking over the unit. Undisputedly, the Respondent had not challenged the terms of loan agreement. Therefore, the High Court could not have suo motu altered terms of agreement and directed the Appellant to make fresh calculation of the outstanding dues and allowed the Respondent to pay the amount as per fresh demand by selling the mortgaged property. This approach of the High Court is ex facie contrary to the law laid down in U.P. Financial Corporation v. Gem Cap (India) Pvt. Ltd. (supra) and Haryana Financial Corporation v. Jagdamba Oil Mills (supra). 26. The direction given by the High Court for review of pending cases in the light of judgment of this Court in Central Bank of India v. Ravindra (supra)is also unsustainable because, as mentioned above, the High Court was not called upon to examine the legality or otherwise of the terms of agreement entered into between the Appellant-corporation and Respondent under which the latter was obliged to pay interest at the particular rate with periodical rests. Moreover, conclusion No. 3 contained in para 55 of that judgment clearly postulates that stipulations incorporated in the contract entered into and binding on the parties shall govern their substantive rights and obligations in the matter of recovery and payment of interest.” A question has arisen as to whether in matters where the dues are secured by way of mortgage, any reduction in the rate of interest can be allowed or interest with quarterly rest can be refused. This question has been answered very succinctly by the Hon’ble Supreme Court in the matter of State Bank of India v. Yasangi Venkateshwara Rao (1999) 2 SCC 375- “8. We also find it difficult to agree with the observation of the High Court that normally when a security is offered in the case of mortgage of property , charging of compound interest will be regarded as excessive. Entering into a mortgage is a matter of contract between the parties. If the parties agree that in respect of the amount advanced against a mortgage compound interest will be paid, we fail to understand as to how the court can possibly interfere and reduce the amount of interest agreed to be paid on the loan so taken. The mortgaging of property is with a view to secure the loan and has no relation whatsoever with the quantum of interest to be charged.” It will be apposite to refer to the Judgment of the Hon’ble Supreme Court in Indian Bank vs. Blue Jaggers Estate Ltd. & Ors. (2010) 8 SCC 129 “22. The argument of the learned counsel for the respondents that the rate of interest is unconscionable, expropriatory and contrary to law also merits rejection because at no stage the respondents had questioned the terms on which loan and other financial facilities were extended by the appellant. That apart, after having enjoyed those facilities for more than one decade, the respondents cannot turn around and raise an argument based on the judgments of this Court in Central Inland Water Transport Corporation v. Brojo Nath Ganguly (1986) 3 SCC 156 and Delhi Transport Corporation v. D.T.C. Mazdoor Congress and others 1991 Supp. (1) SCC 600. It must be remembered that the respondents were not in a position of disadvantage vis-`-vis the appellant. If they so wanted, the respondents could have declined to avail loan and other financial facilities made available by the appellant. However, the fact of the matter is that they had signed the agreement with open eyes and agreed to abide by the terms on which the loan, etc. was offered by the appellant. Therefore, the doctrine of unconscionable contract cannot be invoked for frustrating the action initiated by the appellant for recovery of its dues. 25. ……The Court cannot lose sight of the fact that the bank is a trustee of public funds. It cannot compromise the public interest for benefitting private individuals. Those who take loan and avail financial facilities from the bank are duty bound to repay the amount strictly in accordance with the terms of the contract. Any lapse in such matters has to be viewed seriously and the bank is not only entitled but duty bound to recover the amount by adopting all legally permissible methods.” The Madras High Court in Dr. E. Prabakaran and Another vs. Lakshmi Vilas Bank Limited 2011 SCC OnLine Mad 563 has held that – “53…..Normally, the grant of interest at the contractual rate ought to be the General Rule However, the use of discretion to reduce the contract rate or refuse interest is an exception. To deprive or deny interest will tantamount to penalizing a Creditor for approaching the Competent Forum/Court and further will encourage the Debtor to wantonly and unfairly procrastinate the litigation. If a competent Forum/ a Court of Law is inclined to reduce the rate of interest either present or future, such reduction must be supported by valid reasons”. It is emphasised that a DRT is a creature of statute and has to dispense justice in accordance with the letter and spirit of the law. The DRT cannot travel beyond law and act as a charity institution at the cost of public money. The willful defaulters of the bank live a lavish life and reside in palatial houses, maintain several luxury cars in the names of different companies, trusts, individual relatives, etc. but because of the laxity in our legal position, they never cooperate in liquidation of bank dues. That as per existing legal provisions, no payments are required to be made by the borrowers/guarantors towards the liquidation of the claim amount or towards the interest amount accruing during the pendency of the OA. This results in a holiday for payment of monthly interest also. For example if the claim amount in a recovery application is Rs. 1000 crores, the minimum monthly interest will work out to Rs. 10.00 crores. The Borrowers/Guarantors during the pendency of recovery applications impliedly get exemption from payment of accruing interest also due to the absence of any statutory provision in the Act for payment of at least the interest component during the pendency of the Recovery Application. It is pointed out that the honest borrowers pay the interest to the banks on their loans at the contractual rate and with monthly rests. It will be a travesty of justice if those who default in repayment of loan and because of which the banks have to knock the doors of courts and tribunals are allowed any concession in the rate of interest for pendente lite and future period. Due to non-payment of bank loans by the defaulters, the cost of funds increases in the hands of bank because of which on the one hand they are compelled to charge higher rate of interest from the honest borrowers and at the same time banks also reduce the interest paid on the deposits of the public i.e. saving bank account and fixed deposit account. In this manner, the NPA percentage of the banks increases which adversely affects the rating of the Banks/Financial Institution at international level. It is the humble opinion of the author that the Section 19(20) RDB Act, 1993 is required to be amended so as to provide the following- A provision should be made requiring the defendants in pending OAs for payment of interest on the claim amount on monthly basis at least at the rate of 10% per annum which amount may be kept in an interest bearing no lien accounts which will be dealt in accordance with the final outcome of the OA. In case there are several defendants, the payment liability during the pendency of OA of each defendant should be allowed to be determined by the DRT. That as a general rule, the pendelite and future interest should be awarded at contractual rate at compound basis, but in exceptional circumstances, discretion may be given to the DRTs to reduce the rate of interest for reasons to be given in writing subject to a rider that such deduction in rate of interest shall be available only if the entire decretal amount is paid within such time as may be fixed by the DRT in its judgment but not exceeding 2 years from the date of the judgment. (Pragati Aggarwal is an associate of Delhi-based law firm, R P Agrawal & Co) https://www.livelaw.in/know-the-law/sarfaesi-debt-recovery-banking-laws-recent-important-decisions-159785?infinitescroll=1Next Storylast_img

US medical facilities strike deal

first_imgUS medical facilities strike dealOn 25 Jun 2002 in Personnel Today Previous Article Next Article Comments are closed. Oneof the world’s largest partnership deals helped a US health- care providerimprove productivity and avoid industrial action.ProfessorThomas A Kochan, speaking at the Modernizing Employment in the 21st CenturyConference last week, said an agreement was formed between 26 local unions andcovers 62,000 staff at more than 400 medical facilities around the US.Hesaid the deal, known as the Kaiser Permanente partnership, had proved extremelybeneficial for the organisation and staff.Thepartnership, initially negotiated in 1997, contributed to cutting the time ittook to build a hospital, and increased patient satisfaction after major inputfrom frontline staff.Employeesalso used the partnership agreement to suggest improvements to procedures thathelped halve the operation turnaround time for patients.Thepartnership also saved an optical lab threatened with closure after workerscame up with new ideas to improve productivity and a union supervisor was movedinto a key management position. This prevented a strike, reduced breakage andeventually increased revenue by $5.5m.Kochansaid partnership deals were still rare in the US and even in the case of KaiserPermanente, only about 25 per cent of staff had been involved with, or evenheard of the partnership. He said the scheme, which costs about $12m to run,still struggles to get employer and employee buy-in despite its successes. Related posts:No related photos.last_img read more

Is the vegetation of continental Antarctica predominantly aquatic?

first_imgWe have suggested1 that Antarctic lakes offer a more favourable physical environment to certain species of moss than the surrounding land. We now present evidence in support of the wider thesis that in certain areas of Antarctica most of the plant biomass occurs in aquatic habitats. In the austral summer 1973–74 we found more mosses and algae growing aquatically than terrestrially in the Ablation Valley area of Alexander Island (Fig. 1). The area is relatively free from ice and has a climate similar to the inland ice-free areas of continental Antarctica2, although conditions are not quite so arid because of frequent intrusions of oceanic weather systems from the Bellinghausen Sea. Extensive terrestrial plant cover was, however, restricted to seven discrete (patches of moss, lichen and algae, totalling 2,300 m2 in about 40km2 of icenfree ground searched on foot. The patches were on north-facing slopes where groundwater welled up continuously during the short summer. Widely scattered, very small moss cushions also occurred between and beneath stones in a few other damp and wet places. The availability of water and soil instability seemed to be the two most important factors restricting terrestrial plant distribution.last_img read more

Weber State Men’s Basketball Visits Sacramento State Saturday

first_img Tags: Sac State basketball/Weber State basketball Written by January 10, 2020 /Sports News – Local Weber State Men’s Basketball Visits Sacramento State Saturday FacebookTwitterLinkedInEmailSACRAMENTO, Calif.-Saturday, Weber State men’s basketball (5-10; 1-3 in Big Sky Conference play) visits Sacramento State (9-4; 2-2 in Big Sky play) as both squad seek to get back in the Big Sky race at Colberg Court.In his 14th season at the helm of the Weber State program, head coach Randy Rahe (271-163, .624) is the winning-est coach in program history.The Wildcats score 71 points per game which ties Weber State for 206th nationally in scoring offense with Stony Brook and East Carolina.Senior guard Jerrick Harding leads the Wildcats by scoring 20 points per game.Fellow senior guard, former Wasatch Academy star Cody John, is the only other Wildcat to score in double figures on-average by posting 12.9 points per game.Czech national, junior forward Michal Kozak posts 5.5 rebounds per game and 22 blocked shots on the season to lead the Wildcats in both categories.Freshman guard KJ Cunningham leads Weber State with 33 assists on the season and freshman guard Judah Jordan has a team-best 17 steals to lead the Wildcats.Weber State surrenders 69.3 points per game, ranking the Wildcats 190th nationally in scoring defense.Sacramento State is coached by Brian Katz (135-210, .391) who is in his 12th season at the helm of the Hornets’ program.Sacramento State scores 61.8 points per game, ranking the Hornets 336th nationally in scoring offense.Senior forward Joshua Patton leads the Hornets in scoring (14.4 points per game), rebounding (5.4 boards per game) and blocked shots (2 per game).Sophomore guard Brian Davis averages 3.4 assists per game to lead Sacramento State. Senior guard Izayah Mauriohoohoo-Le’afa leads the Hornets with 1.8 steals per game as well.Sacramento State has among the stingiest defenses in the country, surrendering only 53.3 points per game. This ranks the Hornets third nationally in scoring defense behind only Virginia (47.6 points per game) and Liberty (51.8 points per game). The Hornets also rank fifth nationally in field goal percentage defense. Sacramento State opponents only connect from the field 36.4 percent of the time.The Wildcats lead Sacramento State 41-8 all-time. Brad Jameslast_img read more

Three is a Magic Number

first_imgIn Martin Amis’ autobiography Experience, Dad Kingsley (for it is he) memorably describes Terminator 2 as a “flawless masterpiece.” With accolades like that from one of the last century’s great writers of inoffensive fiction and curmudgeonly poetry, this summer’s third and final part has a lot to live up to. And Terminator isn’t the only big-name trilogy to shudder to a climax this year. Two more installments of The Matrix, the Wachowski Brother’s moron and geek-friendly primer on the Western metaphysical canon (with big beat and big guns), are expected in the Autumn, and the final part of the Lord Of The Rings is due in time for Christmas (and next year’s Best Picture Oscar). But is Part Three all its cracked up to be? Schoolhouse Rock, a children’s program broadcast in the US in the 1970s told us “three is a magic number” – a meme later promulgated by De La Soul and BBC Three, and Jack White, lead singer of The White Stripes seems to agree. In spite of having two members, Jack thinks of the band as a three-piece: vocals, drums and guitar. When asked about the possibility of adding a bass player in a recent interview he was bewildered. “That would break up the thing of vocals, guitar and drums. Somebody else would bring this fourth component. If you’re going to have four components, you might as well have twenty, y’know.” It seems the symmetry of the trilogy appeals to saviours of Rock and Roll and film directors alike. But does a third installment or component necessarily guarantee success? In an attempt to answer this question – and work out whether Terminator 3 will be any good – I examined some of pop culture’s many Part Threes. Naturally my first thought was to consider past track listings of the venerable “Now! That’s What I Call Music” compilations. After a telephone conversation with a bemused assistant at the British Library failed to establish who appeared on the early Now! records, I struck upon a copy of volume 3 in gramophone format on eBay. Released in 1984, the compilation is mainly forgettable songs from best-forgotten artists: Nik Kershaw, Howard Jones, Alison Moyet, OMD, and many more. The odd song almost makes it £2 well spent (The Thompson Twins, The Style Council and Special AKA), but the mere presence of Phil Collins left me in a dumb rage. Album three is often tricky for bands. For every OK Computer there’s a Be Here Now. If the first two albums were successful there can be opportunity to experiment, but also a pressure to continue a winning formula. And fatally, there can be a lack of ideas. “Your first couple of records are based on your twenty-odd years of experience. The third record is all the experience you’ve had in between record one and record two. But that experience is basically just touring,” explains David Byrne of Talking Heads in his recent book about the band. It is received wisdom that the Godfather, Rocky and Police Academy series went rapidly downhill after their second installments, which must count against threes. Even more worrying for the trilogy are the Star Wars films. The portentous original plan was to make three trilogies and so far we’ve been subjected to all three of the middle trilogy (1977 – 1983) and, more recently, two of the first. The middle trilogy is watchable enough rot, but the recent films are joyless, plotless screeds on macroeconomics and industrial relations. Quitting while ahead obviously never crossed George Lucas’ mind. In the cinema at least, trilogies seem to provoke appalling directorial hubris that writers of fiction are more able to resist. Perhaps the prospect of a lucrative DVD box set offered by filming any old shit for part three is too much to resist. The Lord of the Rings films turns this on its head; they are tightly scripted, zippy reinterpretations of a bloated, forensic epic. But audience reaction to the final installment could be similar to CS Lewis’s apocryphal response to a Tolkien reading in the Eagle and Child: “not more fucking elves!” Monty Python’s comedy was often an echo of Tolkien’s strategy of bludgeoning his readers into caring about a fictional world through sheer length. In an attempt to justify their more interminable sketches, they were wont to insist that jokes were funny the first and third times you told them. I attempted to prove this by telling my brother a Tommy Cooper joke three times (I slept like a log last night. I woke up in a fireplace!), but he insisted it got less funny. Stick that, Cleese! Outside music and cinema, there are plenty of triumvirates and trilogies to add to the cases for the prosecution and defence of Part Three. For example, Prince Harry, third in line to the throne, is great fun. He’s like Robbie Williams in that he deserves to be clumsily kneecapped, but life is made infinitely more enjoyable by reading about him in articles in the Daily Mail about the collapse of society brought on by the permissive 1960s. Meanwhile, Charles and William are just regular idiots. The royal three wins. So, sometimes Part Three is a good omen, but usually it’s bad. By all means be first in line for Terminator 3, but don’t get your hopes up.ARCHIVE: 2nd Week TT 2003last_img read more

Kudos to raise salt awareness in Parliament

first_imgRepresentatives from Kudos Blends will visit the House of Commons next week to talk about the importance of salt reduction within the bakery industry.Dinnie Jordan, Kudos’ managing director, and Steph Skellern of technical services, will attend a Parliamentary Reception during this year’s National Salt Awareness Week, running from 26 March to 1 April. They will join individuals from food retailers, supermarkets and food ingredients manufacturers, to discuss the ways in which further progress can be made in reducing salt content in all food.The manufacturer of raising agents, based in Cleobury Mortimer, Worcestershire, is the official sponsor of the awareness week and has donated money to support the cause. The company will highlight the issue of hidden sources of salt in the industry and educate bakers on the best ways to eliminate these, without compromising the taste or quality of their products.Jordan said: “We’re educating bakers all around the world about salt reduction and we are delighted to be supporting this awareness week in the UK. Many bakers think that reducing salt will affect the taste, quality and shelf-life of their products, but we know it doesn’t have to be like that.“We’re now increasing production of our reduced-salt products and that shows progress is being made, but there is still some way to go to ensure that the whole baking industry is doing it.”Kudos Blends has joined up with the British Heart Foundation and the Blood Pressure Association in the awareness campaign, organised by Consensus Action on Salt and Health (CASH).last_img read more

News story: New guide to improve consumer product safety recalls

first_imgFirst ever government-backed Code of Practice for product safety recalls published new guidance will help businesses understand what they need to do if something goes wrong with their product the move follows recommendations from safety experts commissioned by the government The government’s new Office for Product Safety and Standards has teamed up with BSI, the UK’s National Standards Body, to launch the first government-backed Code of Practice (PAS 7100) for product safety recall in the UK.The Code of Practice includes details on how a business can monitor the safety of products and plan for a recall, and how Market Surveillance Authorities such as local authority Trading Standards can support businesses in their monitoring of incidents and their implementation of corrective action.The Code of Practice, developed by BSI, is the first major initiative for the new Office which was launched by the Department for Business, Energy and Industrial Strategy in January. It follows a recommendation by the Working Group on Products Recalls and Safety to introduce such a Code to further strengthen the UK’s already tough product safety regime.This was created with the assistance of leading retailers, consumer interest groups and industry bodies, including Tesco, Samsung Electronics, British Retail Consortium, Royal Society for the Prevention of Accidents and the Association of Chief Trading Standards Officers.Consumer Minister Andrew Griffiths said: Scott Steedman, Director of Standards at BSI said: The Code of Practice comes in two parts. The first part is focused on non-food consumer products and is intended for use by manufacturers, importers and distributors. It provides details on: how a business can plan for a recall, including establishing mechanisms to deal with any product safety issue identified managing a possible safety related product recall or other corrective action establishing mechanisms to monitor the safety of products investigating any potential product safety issue reviewing corrective action programmes to ensure that product safety responsibilities continue to be met. Public interest in product safety is higher than it has ever been and whilst consumer products generally perform without problems, there are times when products can become faulty and require a repair or recall. The Code of Practice was created to ensure that corrective action by manufacturers is taken in a safe and systematic way. The launch of this guidance is an important step in ensuring even higher levels of product safety in the future. The second part is aimed at regulators, specifically Market Surveillance Authorities including local authority Trading Standards. It details how they can carry out their role in ensuring businesses meet their responsibilities in respect of consumer product safety issues by:center_img BSI is the business improvement company that enables organizations to turn standards of best practice into habits of excellence. For over a century BSI has championed what good looks like and driven best practice in organizations around the world. Working with over 86,000 clients across 193 countries, it is a truly international business with skills and experience across a number of sectors including automotive, aerospace, built environment, food, and healthcare. Through its expertise in Standards Development and Knowledge Solutions, Assurance and Professional Services, BSI improves business performance to help clients grow sustainably, manage risk and ultimately be more resilient.The Office for Product Safety and Standards was set up in January 2018 in the Department for Business, Energy and Industrial Strategy, to enhance protections for consumers and the environment and to drive increased productivity, growth and business confidence. It will build national capacity within the UK’s product safety system and develop tools that support small business growth and implement the Industrial Strategy vision of simplifying regulation. This includes taking forward the work of the Regulatory Delivery directorate on Primary Authority, the Regulators’ Code and technical regulation. Association of Manufacturers of Domestic Appliances (AMDEA) Association of Chief Trading Standards Officers (ACTSO) Baker & McKenzie LLP British Retail Consortium (BRC) British Toy and Hobby Association (BTHA) BSI Consumer and Public Interest Network Chartered Trading Standards Institute (CTSI) Cooley (UK) LLP Department of Business, Energy and Industrial Strategy (BEIS) Electrical Safety First (ESF) London Fire Brigade; National Caravan Council (NCC) National Fire Chiefs Council (NFCO) Royal Society for the Prevention of Accidents (ROSPA) Samsung Electronics (UK) Ltd techUK Tesco Wilco Retail Limited Notes to EditorsPAS 7100 explains and applies existing legal requirements to be met by businesses or regulators. The following organisations were involved in the development of PAS 7100 as members of the steering group: This new Code of Practice will support businesses in dealing with product safety issues swiftly and effectively, ensuring people can continue to buy secure in the knowledge there is an effective system in place if products need to be repaired or replaced. Effective regulation is a key element of our Industrial Strategy, which is creating the conditions for businesses to succeed in the UK and to compete in the global economy. monitoring incidents and analysing data supporting businesses in the preparation of their ‘product safety incident plan’ (PSIP) supporting businesses in their monitoring of incidents and their implementation of appropriate corrective action.last_img read more