Home / Daily Dose / Report: GSEs Purchased Risky Loans Despite Red Flags Appraisals Fannie Mae FHFA Freddie Mac 2014-02-06 Krista Franks Brock Report: GSEs Purchased Risky Loans Despite Red Flags Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Tagged with: Appraisals Fannie Mae FHFA Freddie Mac The Best Markets For Residential Property Investors 2 days ago Related Articles in Daily Dose, Featured, Government, Headlines, News, Secondary Market Servicers Navigate the Post-Pandemic World 2 days ago Krista Franks Brock is a professional writer and editor who has covered the mortgage banking and default servicing sectors since 2011. Previously, she served as managing editor of DS News and Southern Distinction, a regional lifestyle publication. Her work has appeared in a variety of print and online publications, including Consumers Digest, Dallas Style and Design, DS News and DSNews.com, MReport and theMReport.com. She holds degrees in journalism and art from the University of Georgia. The Week Ahead: Nearing the Forbearance Exit 2 days ago Subscribe Share Save Servicers Navigate the Post-Pandemic World 2 days ago Print This Post Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Sign up for DS News Daily Demand Propels Home Prices Upward 2 days ago February 6, 2014 976 Views About Author: Krista Franks Brock Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago Previous: Law Firm Barrett Daffin Frappier Turner & Engel Recruits New Partners Next: Expired Tax Relief Could Increase Pressure on Troubled Borrowers About four years after the Federal Housing Finance Agency (FHFA) directed the GSEs to develop a uniform collateral data portal, the Office of the Inspector General of the Federal Housing Finance Agency (FHFA OIG) finds the portal is not being used to its potential, and the GSEs continue to purchase loans with red flags.After “extensive” development and testing, the OIG concluded in a recent audit, “more remains to be done to use the portal’s data to minimize the risk of loss.”Both enterprises continue to purchase loans despite warning messages from the portal, according to a report the OIG released Thursday.Fannie Mae purchased 56,000 loans for a total of $13 billion from January through June of last year despite warnings from the portal indicating the loans might not meet the GSE’s underwriting requirements, according to the OIG.Meanwhile, Freddie Mac purchased 29,000 loans for a total of $6.7 billion from June through September despite warnings regarding the properties’ valuations, according to the OIG.Each of the 56,000 loans purchased by Fannie Mae came with between one and nine caution messages regarding the loan’s quality.The messages dealt with such issues as confirmation of repairs and “unauthorized use of single-family loan funds,” according to the OIG, and in each case the warning message was disregarded using an automatic override.Fannie Mae purchased the loans and “focused its efforts on reviewing the loans for conformance with its requirements after it bought them,” according to the OIG.Fannie Mae reportedly “did not require lenders to explain or resolve potential problems ranging from formatting issues to violations of its underwriting requirements,” according to the OIG.Similarly, Freddie Mac purchased more than 29,000 loans despite the portal’s warning that “either no property value could be provided or the value of the property was in question,” according to the OIG. In fact, in some cases the portal could not even verify that the address existed.Like Fannie Mae, Freddie Mac’s approach was to override the warnings and review the loans for issues after purchasing them.In fact, Fannie Mae and Freddie Mac both claimed they did not want to “burden lenders with having to respond to messages,” according to the OIG.The OIG audit also detected 414,000 instances in which the portal found that an appraiser’s license could not be verified.The “uniform collateral data portal is intended to improve appraisal data quality and risk management for the Enterprises by collecting appraisal data to help them make informed decisions about the loans they buy,” the OIG reported.“However, as demonstrated by the results of this audit, these goals are at risk of not being achieved,” the OIG stated.On the bright side, the audit did cause the GSEs to consider 23 loans totaling $3.4 million for repurchase.
Share Save Print This Post DS News Webcast: Tuesday 1/14/2014 in Featured, Media, Webcasts January 14, 2014 451 Views Is Rise in Forbearance Volume Cause for Concern? 2 days ago Related Articles Demand Propels Home Prices Upward 2 days ago Previous: Radian Offers Training and Resources on QM Compliance Next: GSE Diminishes Credit Risk Through Transaction The Best Markets For Residential Property Investors 2 days ago 2014-01-14 DSNews The Best Markets For Residential Property Investors 2 days ago Sign up for DS News Daily Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Subscribe Home / Featured / DS News Webcast: Tuesday 1/14/2014 About Author: DSNews Data Provider Black Knight to Acquire Top of Mind 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago
January 16, 2015 936 Views Data Provider Black Knight to Acquire Top of Mind 2 days ago Goldman Sachs Reports Slight Increase in Net Income for 2014 Servicers Navigate the Post-Pandemic World 2 days ago Home / Daily Dose / Goldman Sachs Reports Slight Increase in Net Income for 2014 The Week Ahead: Nearing the Forbearance Exit 2 days ago The Best Markets For Residential Property Investors 2 days ago Print This Post Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Demand Propels Home Prices Upward 2 days ago Brian Honea’s writing and editing career spans nearly two decades across many forms of media. He served as sports editor for two suburban newspaper chains in the DFW area and has freelanced for such publications as the Yahoo! Contributor Network, Dallas Home Improvement magazine, and the Dallas Morning News. He has written four non-fiction sports books, the latest of which, The Life of Coach Chuck Curtis, was published by the TCU Press in December 2014. A lifelong Texan, Brian received his master’s degree from Amberton University in Garland. Related Articles About Author: Brian Honea Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Results were mixed for some of the nation’s biggest banks when they released earnings statements earlier in the week: Citigroup and Bank of America both reported net income losses, while JPMorgan Chase and Wells Fargo reported big gains.New York-based investment bank Goldman Sachs reported a slight year-over-year decline in Q4 2014 net earnings, but for the whole year of 2014 the firm reported a slight uptick from 2013, according to the firm’s Q4 and year-end earnings statement released on Friday.Goldman Sachs’s net earnings for 2014 were $8.48 billion on $34.53 billion in revenues, compared to a net income of $8.04 billion on $34.21 billion in revenues for all of 2013. Diluted earnings per share rose from $15.46 in 2013 to $17.07 in 2014. The firm was first worldwide in announced and completed mergers and acquisitions for 2014, having advised on announced transactions valued at a combined $1 trillion. Net revenues on investment banking for 2014 totaled $6.46 billion, the second-highest annual total in the firm’s history and an increase from $6.0 billion for 2013.”We are pleased with our performance during a year characterized by mixed global economic and financial conditions,” said Lloyd C. Blankfein, Chairman and Chief Executive Officer. “The depth of our global client franchise and our continued discipline on expenses and capital management produced a solid return for our shareholders. Looking ahead, we see evidence of a continued pick up in momentum for the global economy that will improve the opportunity set for 2015.”For Q4 2014, Goldman Sachs reported a net income of $2.17 billion on $7.69 billion in revenues, down slightly from the net earnings of $2.33 billion on $8.78 in revenues for the same quarter a year earlier.For Fixed Income, Currency and Commodities Client Execution, Goldman Sachs reported net revenues of $8.46 billion for 2014, a 2 percent decrease from 2013. The minor decline can be attributed to slightly lower net revenues in interest rate products and mortgages, combined with significantly lower rates for credit products, offset by higher rates in both commodities and currency (significantly higher in the case of commodities). Credit products, interest rate products, and mortgages experienced generally low levels of activity in 2014 due to economic uncertainty. Tagged with: Banks Goldman Sachs Investment Banking Subscribe Sign up for DS News Daily The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago Previous: Fueled by Lower Gas Prices, Consumer Sentiment Reaches Highest Level in a Decade Next: HUD Bestows Seven Choice Neighborhood Planning Grants Totaling $3.2 Million Banks Goldman Sachs Investment Banking 2015-01-16 Brian Honea in Daily Dose, Featured, Market Studies, News Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Share Save
Share Save Tagged with: Fannie Mae Mortgage-Backed Securities Reperforming Loans Securitization Demand Propels Home Prices Upward 2 days ago in Daily Dose, Featured, News, Secondary Market Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Related Articles Later this year, Fannie Mae will begin securitizing reperforming mortgage loans (RPLs) on its balance sheet, according to an announcement from Fannie Mae on Monday.Reperforming mortgage loans are those that were delinquent at one point but subsequently returned to current status. Fannie Mae completed 6,592 loan modifications in February; the reperforming loans that will be packaged for securitization include loans that returned to current status either with or without the help of a loan modification, according to Fannie Mae.The securitization of these loans gives Fannie Mae the option of further reducing its retained mortgage portfolio by selling the mortgage-backed securities to investors. The portfolio contracted at an annual rate of 27.8 percent in February, which translated to a month-over-month decline of more than $11 billion down to a value of about $337.2 billion by the end of the month, according to Fannie Mae’s February 2016 Monthly Volume Summary. Fannie Mae’s mortgage portfolio has contracted in all but four months since June 2010; at the beginning of that stretch, the amount of unpaid principal balance (UPB) of the loans in the portfolio was $818 billion.“With these securitizations we’ll have more flexibility to manage our risk and reduce the size of our portfolio,” said Bob Ives, VP of Retained Portfolio Asset Management at Fannie Mae. “Over the long run, these securitizations can benefit investors, Fannie Mae, and taxpayers.”Fannie Mae has announced enhanced loan level disclosures for this population of RPLs; the enhanced disclosures will include updated credit scores at issuance, delinquency status, and modification details. Fannie Mae will also provide rounded unpaid principal balances for this round of RPLs due to borrower privacy considerations, and the early notification of the program is designed to allow market participants to prepare their systems to accept new data, according to Fannie Mae.Click here for more information on Fannie Mae’s mortgage-backed securities. Securitization of Reperforming Loans Gives Fannie Mae Options Servicers Navigate the Post-Pandemic World 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Previous: Clinton Blames Foreclosure Crisis on Republicans Next: Counsel’s Corner: Here is What Smaller Title Companies are Up Against Print This Post Fannie Mae Mortgage-Backed Securities Reperforming Loans Securitization 2016-04-25 Brian Honea The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago The Best Markets For Residential Property Investors 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Home / Daily Dose / Securitization of Reperforming Loans Gives Fannie Mae Options About Author: Brian Honea Brian Honea’s writing and editing career spans nearly two decades across many forms of media. He served as sports editor for two suburban newspaper chains in the DFW area and has freelanced for such publications as the Yahoo! Contributor Network, Dallas Home Improvement magazine, and the Dallas Morning News. He has written four non-fiction sports books, the latest of which, The Life of Coach Chuck Curtis, was published by the TCU Press in December 2014. A lifelong Texan, Brian received his master’s degree from Amberton University in Garland. Data Provider Black Knight to Acquire Top of Mind 2 days ago Sign up for DS News Daily Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago April 25, 2016 2,990 Views Subscribe
Print This Post The Best Markets For Residential Property Investors 2 days ago Where There’s Smoking Demand, There’s Defect Risk Fire About Author: Brianna Gilpin Servicers Navigate the Post-Pandemic World 2 days ago Home / Daily Dose / Where There’s Smoking Demand, There’s Defect Risk Fire The Week Ahead: Nearing the Forbearance Exit 2 days ago in Daily Dose, Featured, Market Studies, News Data Provider Black Knight to Acquire Top of Mind 2 days ago 2017-06-28 Brianna Gilpin Demand Propels Home Prices Upward 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago June 28, 2017 1,074 Views Related Articles The May 2017 Index reveals an increase in frequency of defects, fraudulence, and misrepresentation in the information submitted in mortgage loan applications by 2.5 percent, compared to April 2017.According to a report by First American, the index estimates the level of defects in submitted mortgage loan applications processed by the First American’s FraudGuard system. The findings are determined based on the frequency that defect indicators are identified. The Defect Index moves higher as greater numbers of defect indicators are found—increases representing a rising level of loan application defects.The Defect Index increased by 13.7 percent since last year. Refinance transactions increased by 3 percent month-over-month with a 9.7 percent increase and purchase transactions rose 11.1 percent in the same time frame.Mark Fleming, First American’s Chief Economist said the Loan Application Defect Index is now reaching levels of risk not seen since 2015.“While risk is growing in both purchase and refinance transactions,” Fleming said, “it’s important to recognize that loan application defect, fraud, and misrepresentation risk remains below the peak reached in 2013.”Fleming said the purchase transaction risk is 13 percent below the peak and refinance transaction risk is 32 percent below.”The purchase-pivot in the housing market continues to add fuel to the fire of the overall level of application, defect, and fraud risk,” Fleming said.According to Fleming, this Loan Application Defect Risk is creating a “heat wave” that is destroying several Southern markets.McAllen, Texas ranked first followed by Charleston, South Carolina; Birmingham, Alabama; Knoxville, Tennessee; and Augusta, Georgia. Fleming calls these cities “hot spots” for loan defect risk getting “hotter,” as the risk in these markets is increasing significantly.The defect risk in each market has increased by a minimum of 10 percent in the past year, and southern markets are experiencing some of the strongest growth in housing demand as people seek the lower cost of living compared to northeastern and western markets, according to Fleming.“Where there’s smoking demand, the flames of defect risk typically follow,” Fleming said.According to First American, the next release of the Loan Application Defect Index will be posted the week of July 24, 2017. Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Brianna Gilpin, Online Editor for MReport and DS News, is a graduate of Texas A&M University where she received her B.A. in Telecommunication Media Studies. Gilpin previously worked at Hearst Media, one of the nation’s leading diversified media and information services companies. To contact Gilpin, email [email protected] Previous: Lowest Home Appreciation in the U.S. Next: The Psychology Behind Why People Buy, And Where The Best Markets For Residential Property Investors 2 days ago Share Save Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Sign up for DS News Daily Subscribe
Home / Daily Dose / Housing Market 2018: Predicting What’s to Come Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Housing Market 2018: Predicting What’s to Come in Daily Dose, Featured, Journal Data Provider Black Knight to Acquire Top of Mind 2 days ago What a year that was. Admit it—some years are less memorable, but not so for 2017. We had the greatest seller’s market ever and then the lowest home inventory in what seems to be forever. Interest rates remained low but are now rising, and refinancing plummeted as expected. We had a Seattle housing bubble. On one side of the country, we had devastating hurricanes. So, what’s next for 2018?Here are my Top 5 Housing Predictions for 2018.A Rise in Cash-Out RefinanceWe cannot discuss the housing market without first addressing where interest rates are headed. Low interest rates have fueled buying, kept inventory low, and likely even helped speed up housing recovery in Miami and Houston after their 2017 hurricanes. Interest rates will continue to rise in 2018, but not high enough to deter interested homebuyers from pursuing their American Dream.Refinance will not return to its banner-year form of 2016, but we should all keep an eye on a potential rise in cash-out refinance. Americans’ home equity wealth is now at an all-time high. We are also seeing the rise of all-cash purchases, a high rate of home purchase co-borrowers, and increased buying assistance from family. As home prices become even higher—and overvalued, according to CoreLogic—expect to see more parents cash out their home equity to help their adult children begin building their own housing wealth. This is, however, not done without risks. Until they sell their home, these cash-out refinance borrowers are playing with money on paper, and they too should keep an eye out for overvalued market reports. Return to ServicesIn the age of enhanced digitization and automation, this may sound counter-intuitive. But remember when everyone declared the death of TV not too long ago? With higher home prices come greater risks and more compromises for homebuyers, who will become ever more reliant on experienced and informed housing professionals to make buying and mortgage decisions. Mortgage rates will continue to become a commodity; homebuyers have access to rates on their devices and know mortgage brokers are quoting from the same rate sheets. As homebuyers evaluate their partners, they should look for realtors and mortgage professionals who offer value that protects their clients’ bottom line. Housing professionals who deliver this will be ones who can truly stand out and have longevity in this ever more crowded market.Advancement in Housing FintechExpect technology to continue to make breakthroughs in housing. The proliferation of information has made everyday consumers more demanding of progress and fairness, which is a good thing. They demand more competition for their business and stronger customer empowerment. New housing financial technology will not just be about faster search results or more photos, it will be expected to serve up more homebuyer protection. In 2018, homebuyers will increasingly question why they could sell a home at a loss when realtors still collect their brokerage fees. When they see a pre-closing statement listing fees paid to protect their lenders, they would demand to see the calculation of risks and returns designed to protect their purchase. Getting ahead of these questions and demands will become table stakes in the advancement of housing financial technology.Millennials May Continue to Prolong HomeownershipAmericans—including millennials—want to own homes; we knew this already. However, millennials may want other things in life more than homeownership, or they don’t want to be “house poor.” Affordability is the top barrier to home buying, no doubt. However, there are increasing indications that millennials are not pulling out all the stops to buy a home even if they could afford one.In ValueInsured’s latest Modern Homebuyer Survey, more than one in three millennials (36 percent) who want to buy a home say they are delaying buying in order to keep their options open. Nearly half (47 percent) of millennials also say they worry their job future is uncertain and want to figure that out first. Instead of paying high home prices, millennials have proven unafraid to give up buying and go back to renting. A generation known for defying conventions and expectations may change the housing market forever in 2018 if they say enough to high home prices and decide to do their own thing (for example, keeping roommates after they marry, which seems to be already happening).The Next Seattle or San JoseIn the future, scorching-hot real estate markets will give rise to more calm and cool emerging markets. The next big thing in 2018 and beyond could be Provo, Utah, then Athens, Ohio, or Aberdeen, South Dakota. More Americans—not fewer—will telecommute to their jobs or shop from their devices instead of at malls. This is simply a fact of life. As real estate prices and commercial rents increase, more Asian fusion restaurants, CrossFit studios, and organic microbreweries will open in previously “B” or “C” designated counties. Once upon a time, Portland, Oregon, and Chattanooga, Tennessee, were seen as hidden real estate gems, and now they are cities millennials are leaving behind in search of more affordable homes. Millennials’ tendencies to be nomadic and to reject established institutions (or markets), and their sophistication in forming their own community, could prove to be very interesting in challenging traditional housing cycles and expectations. The Best Markets For Residential Property Investors 2 days ago Print This Post cash-out refinance FinTech Housing Market housing predictions Joe Melendez Millennials Refinance services valueinsured 2017-12-21 Staff Writer Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Demand Propels Home Prices Upward 2 days ago December 21, 2017 3,511 Views Servicers Navigate the Post-Pandemic World 2 days ago Related Articles The Week Ahead: Nearing the Forbearance Exit 2 days ago Sign up for DS News Daily Demand Propels Home Prices Upward 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Share Save Previous: Ask the Economist: Tendayi Kapfidze Discusses Tax Reform’s Housing Impact Next: Cleaning Up the Paper Trail The Best Markets For Residential Property Investors 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Tagged with: cash-out refinance FinTech Housing Market housing predictions Joe Melendez Millennials Refinance services valueinsured Subscribe
Home / Daily Dose / Home Prices Accelerate, But Not Everywhere Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago The Best Markets For Residential Property Investors 2 days ago May 29, 2018 1,812 Views Demand Gains Homes HOUSING Housing Boom HPI Prices Realtor.com S&P CoreLogic Case-Shiller Home Price Index Supply Trulia 2018-05-29 Radhika Ojha About Author: Radhika Ojha Servicers Navigate the Post-Pandemic World 2 days ago in Daily Dose, Featured, Market Studies, News Related Articles Tagged with: Demand Gains Homes HOUSING Housing Boom HPI Prices Realtor.com S&P CoreLogic Case-Shiller Home Price Index Supply Trulia Home prices continue to rise, according to the latest S&P CoreLogic Case-Shiller Indices for March 2018 that were released by S&P Dow Jones Indices on Tuesday. The data on the U.S. National Home Price NSA Index covered by these indices indicated that, nationally, home prices reported a 6.5 percent annual gain in March, remaining unchanged over the gains reported in February 2018. The 20-City Composite Index also remained unchanged and posted a 6.8 percent gain year-over-year. The 10-City Composite Index grew from 6.4 percent in February 2018 to 6.5 percent in March.The year-over-year gains on the 20-City Composite were led by Seattle, Las Vegas, and San Francisco with double-digit increases. According to the Index, while Seattle reported a year-over-year price increase of 13 percent, Las Vegas and San Francisco reported price gains of 12.4 percent and 11.3 percent, respectively. The report found 12 of the 20 cities reported “greater price increases in the year ending March 2018, versus February 2018.”“While Seattle has been the city with the largest gains for 19 months, the ranking among other cities varies,” said David M. Blitzer, Managing Director and Chairman of the Index Committee at S&P Dow Jones Indices. “Las Vegas and San Francisco saw the second and third largest annual gains of 12.4 percent and 11.3 percent. A year ago, they ranked tenth and sixteenth. Any doubts that real, or inflation-adjusted, home prices are climbing rapidly are eliminated by considering Chicago; the city reported the lowest 12-month gain among all cities in the index of 2.8 percent, almost a percentage point ahead of the inflation rate.”Even though Seattle showed the highest price increase during the month, the gains are widespread according to Danielle Hale, Chief Economist at Realtor.com. “All 20 cities saw price gains with the smallest in Chicago, Washington, D.C., and Cleveland,” Hale said. “Despite the trend of rising prices, a look at preliminary Realtor.com May housing data shows that listing price growth slowed in May. This could signal slower growth in home sales prices in the months ahead—a good turn of events for buyers.”Be that as it may, buyers will still have to contend with low housing supply this summer, which has also contributed to the growth in home prices. “Rising home prices continued in March amid strong economic conditions for would-be home buyers; unemployment remained low and job growth steady,” said Cheryl Young, Senior Economist at Trulia. “These strong consumer fundamentals drove demand as peak home buying season ramped up. Robust demand paired with abysmally low inventory contributed to surging home prices.” Young also pointed out to rising mortgage rates that could make this summer a tough season for potential homebuyers. “As if increasing home prices weren’t enough—beleaguered would-be homebuyers faced mortgage rates hitting four-year highs.”Blitzer agreed though he pointed out that compared to the price gains of the last housing boom in the 2000s things were much calmer. “Months-supply, which combines inventory levels and sales, is currently at 3.8 months, lower than the levels of the 1990s, before the housing boom and bust,” he said. “Until inventories increase faster than sales, or the economy slows significantly, home prices are likely to continue rising.” Previous: The Industry Pulse: Updates on Roundpoint, CoreLogic, and More Next: Ocwen CFO Resigns—Here’s What’s Next for the Servicer Data Provider Black Knight to Acquire Top of Mind 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Home Prices Accelerate, But Not Everywhere Servicers Navigate the Post-Pandemic World 2 days ago Share Save The Week Ahead: Nearing the Forbearance Exit 2 days ago Print This Post Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Radhika Ojha is an independent writer and copy-editor, and a reporter for DS News. She is a graduate of the University of Pune, India, where she received her B.A. in Commerce with a concentration in Accounting and Marketing and an M.A. in Mass Communication. Upon completion of her masters degree, Ojha worked at a national English daily publication in India (The Indian Express) where she was a staff writer in the cultural and arts features section. Ojha, also worked as Principal Correspondent at HT Media Ltd and at Honeywell as an executive in corporate communications. She and her husband currently reside in Houston, Texas. Sign up for DS News Daily Demand Propels Home Prices Upward 2 days ago The Best Markets For Residential Property Investors 2 days ago Subscribe
Home / Daily Dose / Home Prices in Nevada Grow at Break-neck Speed Subscribe Share Save Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The top five states leading home price appreciation are all out west, according to CoreLogic, which analyzed four individual home price tiers calculated relative to the median national home sale price recently.The analysis revealed that the lowest price tier increased 9.4 percent year over year compared with 8.1 percent for the low- to middle-price tier, 7.1 percent for the middle- to moderate-price tier, and 5.7 percent for the high-price tier.Among the 25 highest-appreciating states along with their highest and lowest historical price change, the analysis found that four states that showed double-digit increases were all in the West. While Nevada showed the largest gain of all states increasing 12.6 percent year-over-year, Washington with an increase of 12.1 percent in home price appreciation, Idaho with 11.5 percent, and Utah with 10.4 percent appreciation were among the other states on the West coast where home prices appreciated the most.The analysis also looked at states that had a larger peak-to-trough decline than the national average. It found that California, Idaho, and Michigan had all surpassed their pre-crisis home price appreciation peaks in June.Connecticut led the states where home prices in June were the farthest below their all-time home price appreciation high. Home prices in the state were still 17.6 percent below their July 2006 peak, the analysis revealed. Prices in 38 states (including the District of Columbia) have risen above their pre-crisis peaks, the analysis found.The analysis, which was based on the recently released CoreLogic Home Price Index found that the overall HPI had increased on a year-over-year basis every month since February 2012. it had gained 57.3 percent since hitting its bottom in March 2011. In June 2o18, the overall HPI was 5.2 percent higher than its pre-crisis peak in April 2006. However, when adjusted for inflation, home price appreciation remained 13.3 percent below their April 2006 peak. Servicers Navigate the Post-Pandemic World 2 days ago Radhika Ojha is an independent writer and copy-editor, and a reporter for DS News. She is a graduate of the University of Pune, India, where she received her B.A. in Commerce with a concentration in Accounting and Marketing and an M.A. in Mass Communication. Upon completion of her masters degree, Ojha worked at a national English daily publication in India (The Indian Express) where she was a staff writer in the cultural and arts features section. Ojha, also worked as Principal Correspondent at HT Media Ltd and at Honeywell as an executive in corporate communications. She and her husband currently reside in Houston, Texas. Demand Propels Home Prices Upward 2 days ago Tagged with: CoreLogic Home Prices Homes HOUSING Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago About Author: Radhika Ojha CoreLogic Home Prices Homes HOUSING 2018-08-08 Radhika Ojha Home Prices in Nevada Grow at Break-neck Speed August 8, 2018 1,412 Views Print This Post Related Articles Previous: Fannie Mae Reaches Out to Borrowers in Wildfire Zones Next: Recapping the Repeal of Outdated Legislation in Daily Dose, Featured, Market Studies, News The Week Ahead: Nearing the Forbearance Exit 2 days ago Demand Propels Home Prices Upward 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Sign up for DS News Daily The Best Markets For Residential Property Investors 2 days ago
Fitch Ratings mortgage Mr. Cooper Nationstar Mortgage LLC RMBS U.S. servicer ratings 2018-11-14 Donna Joseph Subscribe Servicers Navigate the Post-Pandemic World 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Home / Daily Dose / Fitch Rates Nationstar’s U.S. RMBS Previous: Marion McDougall Stepping Down From Caliber Next: Rise and Fall Fitch Ratings, a credit rating agency released its affirmation of U.S. servicer ratings for Nationstar Mortgage LLC, (Nationstar), d/b/a Mr. Cooper, an indirect subsidiary of Mr. Cooper Group Inc., (Mr. Cooper).The rating, according to Fitch is stable. The affirmed ratings of Mr. Cooper is reflective of the company’s focus on operational enhancements, customer experience as well as experienced senior management, Fitch said in a statement. Given that a company’s financial status is a component of Fitch’s servicer rating analysis, the ratings agency’s financial institutions reviewed Mr. Cooper’s financial statements for internal assessment. However, the release stated, “Fitch does not publicly rate the credit and financial strength of Mr. Cooper.”The ratings were based on: —U.S. residential primary servicer rating for subprime product at ‘RPS2-‘—U.S. residential primary servicer rating for special servicing at ‘RSS2-‘—U.S. residential primary servicer rating for alt-a product at’RPS2-‘—U.S. residential primary servicer rating for master servicing at ‘RSM2+’Mr. Cooper completed a merger with WMIH Corp.(Washington Mutual, Inc.) on July 31, 2018, acquiring ownership from Fortress Investment Group, followed by an acquisition of the loan origination and servicing business of Pacific Union Financial with a scheduled closing in first-quarter 2019, bringing in $25 billion of loan servicing and an average annual loan origination production of over $10 billion, consisting of correspondent and warehouse channels.The affirmed ratings also elucidate on the company’s ‘Project Titan’ initiative to better align loan originations and servicing process flows and reduce cost. The company’s three lines of risk management framework across the loan servicing enterprise comprise continuous risk control self-assessment, governance and oversight functions, and internal audit. Internal audit results were satisfactory overall; however, Fitch analysts noted a continued opportunity for improvement in certain areas, which was taken into account in the rating assessment.There were no instances of material noncompliance identified in the Reg AB report for the year ended December 31, 2017. Mr. Cooper’s customer service calls are routinely monitored for quality and compliance and the company engages a third party to conduct extensive customer feedback surveys to measure borrower satisfaction scores. Mr. Cooper’s call center performance metrics compare favorably with their industry peers, the ratings indicated. As of September 30, 2018, Nationstar serviced approximately 2.9 million loans with an unpaid principal balance (UPB) of $478 billion and was master servicer on 275,000 loans with an unpaid principal balance of $49.1 billion. Share 1Save Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Sign up for DS News Daily Demand Propels Home Prices Upward 2 days ago Donna Joseph is a Dallas-based writer who covers technology, HR best practices, and a mix of lifestyle topics. She is a seasoned PR professional with an extensive background in content creation and corporate communications. Joseph holds a B.A. in Sociology and M.A. in Mass Communication, both from the University of Bangalore, India. She is currently working on two books, both dealing with women-centric issues prevalent in oppressive as well as progressive societies. She can be reached at [email protected] About Author: Donna Joseph The Best Markets For Residential Property Investors 2 days ago Tagged with: Fitch Ratings mortgage Mr. Cooper Nationstar Mortgage LLC RMBS U.S. servicer ratings Data Provider Black Knight to Acquire Top of Mind 2 days ago Demand Propels Home Prices Upward 2 days ago in Daily Dose, Featured, News, Servicing Related Articles November 14, 2018 2,118 Views Servicers Navigate the Post-Pandemic World 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Print This Post The Best Markets For Residential Property Investors 2 days ago Fitch Rates Nationstar’s U.S. RMBS
The Best Markets For Residential Property Investors 2 days ago Print This Post Subscribe Demand Propels Home Prices Upward 2 days ago Sign up for DS News Daily The End of Housing Inventory Woes? Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Tagged with: Adam Contos Home Sales Inventory Median Home Price RE/MAX National Housing Report for January 2019 Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago About Author: Donna Joseph Previous: Using Intelligent Data to Create ‘Smartloans’ Next: Capital Living: America’s Best Cities to Reside in Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Share Save February 20, 2019 1,629 Views Adam Contos Home Sales Inventory Median Home Price RE/MAX National Housing Report for January 2019 2019-02-20 Donna Joseph Home / Daily Dose / The End of Housing Inventory Woes? Data Provider Black Knight to Acquire Top of Mind 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Donna Joseph is a Dallas-based writer who covers technology, HR best practices, and a mix of lifestyle topics. She is a seasoned PR professional with an extensive background in content creation and corporate communications. Joseph holds a B.A. in Sociology and M.A. in Mass Communication, both from the University of Bangalore, India. She is currently working on two books, both dealing with women-centric issues prevalent in oppressive as well as progressive societies. She can be reached at [email protected] Related Articles The latest RE/MAX National Housing Report for January 2019, revealed that the sixth consecutive month of declining home sales in January contributed to the largest year-over-year inventory increase in at least 10 years. The housing market seems promising for homebuyers, according to Adam Contos, CEO at RE/MAX. “The winter chill extended to the housing market in January, as home sales remained cool. The good news is that inventory levels in January continued to rise on a year-over-year basis, providing incremental improvement in what’s been a multi-year shortage of for-sale homes. This is positive for homebuyers, as the market continues to swing their way,” Contos said. On an annual basis, year-over-year home sales declined by 11 percent while inventory grew year-over-year by an average of 6.4 percent across the report’s 54 U.S. metro areas. January marked the fourth consecutive month of year-over-year inventory growth—further reversing a decade-long trend of shrinking inventory. The year-over-year inventory growth in December 2018 was 4.7 percent was also the previous record in the report’s 10-year history. The January 2018 median sale price of $234,000 was a report record reflecting a rise by 4.6 percent. However, the rate of sales price increase was considerably less than the 6.7 percent posted from January 2017. The report indicated that December 2018 was the only month since January 2012 to show a year-over-year decline in median sales price.Fifty-nine days on market was a record low for January sold listings—averaging one day less than the 60 recorded in January 2018, according to the report. January’s 3.9-month supply of inventory was higher than the 3.4-month supply of January 2018. “Underlying demand remains solid overall, as evidenced by widespread price increases. So the housing market, while not markedly busy in January, remains relatively healthy. Furthermore, with interest rates stabilizing and home-price increases slowing, the spring selling season shapes up to be as interesting as any we have seen in years,” Contos added.The report pointed out that of the 54 metro areas surveyed in January 2019, the overall average number of home sales was down 26.1percent compared to December 2018, and down 11 percent compared to January 2018. In January 2019, the median of all 54 metro median sales prices was $234,000, down 2.5 percent from December 2018. Four metro areas saw a year-over-year decrease in median sales price, including Anchorage, Alaska, at -3.9 percent, Pittsburgh, PA, at -2 percent, Trenton, New Jersey, at -1.5 percent, and Birmingham, Alabama at -0.5 percent. The metro areas with the lowest days on market were Omaha, Nebraska at 32, Nashville, Tennessee at 41, and a three-way tie between Las Vegas, Nevada; Cincinnati, Ohio; and San Francisco, California at 43. Servicers Navigate the Post-Pandemic World 2 days ago in Daily Dose, Featured, Market Studies, News Data Provider Black Knight to Acquire Top of Mind 2 days ago The Best Markets For Residential Property Investors 2 days ago
The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Tagged with: the week ahead in Daily Dose, Featured, News October 24, 2020 1,113 Views David Wharton, Managing Editor at the Five Star Institute, is a graduate of the University of Texas at Arlington, where he received his B.A. in English and minored in Journalism. Wharton has over 16 years’ experience in journalism and previously worked at Thomson Reuters, a multinational mass media and information firm, as Associate Content Editor, focusing on producing media content related to tax and accounting principles and government rules and regulations for accounting professionals. Wharton has an extensive and diversified portfolio of freelance material, with published contributions in both online and print media publications. Wharton and his family currently reside in Arlington, Texas. He can be reached at [email protected] Home / Daily Dose / The Week Ahead: The State of Property Preservation Share Save Related Articles Previous: Forbearance Volumes Down From Peak Next: First American Announces ServiceMac Acquisition The Best Markets For Residential Property Investors 2 days ago the week ahead 2020-10-24 David Wharton The Week Ahead: The State of Property Preservation Servicers Navigate the Post-Pandemic World 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Demand Propels Home Prices Upward 2 days ago About Author: David Wharton Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Sign up for DS News Daily Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Next week, an annual industry fall tradition will continue with the 2020 National Property Preservation Conference—this year in virtual form, as with so many of this year’s traditionally live events. The conference will include four keynote speakers:Min Alexander, GM and COO, Auction.comDror Oppenheimer, Senior Advisor to the Assistant Secretary for Housing—Federal Housing CommissionerPrasant Sar, Manager of Single-Family Servicing Policy and Asset Management, Office of Housing and Regulatory Policy, FHFAJacob Williamson, VP for Single-Family Collateral Risk Management, Fannie MaeThe rest of the day’s lineup will also include a State of the Industry roundtable discussion hosted by Ed Delgado, Chairman Emeritus, Five Star Global, LLC; as well as panels delving into topics including solving business problems, code violations, legislation, cybersecurity, COVID-19’s impact on field services, government guidance, the impact of the presidential elections, and claims management.You can see the full event agenda here.Here’s what else is happening in The Week Ahead.New Residential Sales, U.S. Census Bureau (Monday)QuestSoft Lending Compliance and Risk Management Conference (Monday – Wednesday)FHFA Home Price Index (Tuesday)September Pending Home Sales Index, NAR (Thursday) Print This Post Subscribe Governmental Measures Target Expanded Access to Affordable Housing 2 days ago
Fannie Mae Homepoint Noelle Lipscomb PricewaterhouseCoopers Willie Newman 2021-04-15 Eric C. Peck April 15, 2021 643 Views in Daily Dose, Featured, Journal, News The Week Ahead: Nearing the Forbearance Exit 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Eric C. Peck has 20-plus years’ experience covering the mortgage industry, he most recently served as Editor-in-Chief for The Mortgage Press and National Mortgage Professional Magazine. Peck graduated from the New York Institute of Technology where he received his B.A. in Communication Arts/Media. After graduating, he began his professional career with Videography Magazine before landing in the mortgage space. Peck has edited three published books and has served as Copy Editor for Entrepreneur.com. Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Previous: Continued Demand Drives Prices to Record Levels Next: Despite Federal Actions, Q1 Foreclosures Rise Tagged with: Fannie Mae Homepoint Noelle Lipscomb PricewaterhouseCoopers Willie Newman Servicers Navigate the Post-Pandemic World 2 days ago Print This Post Related Articles Lipscomb to Lead Compliance Efforts at Homepoint Demand Propels Home Prices Upward 2 days ago Ann Arbor, Michigan-based Homepoint has appointed Noelle Lipscomb as the company’s Chief Audit Executive, where she will lead risk-based internal auditing functions, overseeing the review, monitoring and evaluation of the company’s financial, operational and compliance internal controls.Lipscomb brings more than 20 years of accounting and audit experience to Homepoint, most recently serving in senior audit roles at Fannie Mae for nearly 17 years.”We are excited to welcome Noelle to Homepoint, as she brings tremendous experience and a strong track record within financial services to our organization,” said Willie Newman, President and CEO of Homepoint. “Noelle’s understanding of the mortgage space will be instrumental in advising Homepoint on risk management and providing insight into our business operations and processes as our company continues to expand as a public entity and rapidly evolve as a leading mortgage originator and servicer.”In addition to her time at Fannie Mae, Lipscomb served as Senior Auditor for PricewaterhouseCoopers.”Homepoint is still a relatively new company in the wholesale lending space, and as I’ve learned more about the company in recent years, I was really drawn to the company’s outstanding leadership team and its mission to truly support its customers, partners and associates,” said Lipscomb. “I’m excited to be a part of such a strong company that is growing so quickly and, most importantly, achieving so much success by doing business the right way.” The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago Home / Daily Dose / Lipscomb to Lead Compliance Efforts at Homepoint Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Subscribe Sign up for DS News Daily Share Save About Author: Eric C. Peck The Best Markets For Residential Property Investors 2 days ago
Man in his 50’s seriously assaulted in Derry RELATED ARTICLESMORE FROM AUTHOR Detectives are appealing for witnesses following a serious assault in the Bloomfield Park area of Derry early this morning.Shortly before 6.30am it was reported that a man aged in his 50’s had been the victim of a serious assault in the area.He was taken to hospital for treatment for a serious head injury.Detective Inspector Conor McStravick is appealing for anyone who was in the area of Bloomfield Park early this morning and who witnessed the assault or anyone with any information that could assist with the investigation to contact Detectives in Strand Road on the non-emergency number 101.Information can also be passed anonymously via the independent charity Crimestoppers on 0800 555 111. Facebook Three factors driving Donegal housing market – Robinson News, Sport and Obituaries on Wednesday May 26th Nine Til Noon Show – Listen back to Wednesday’s Programme Twitter Pinterest Google+ WhatsApp Google+ Homepage BannerNews Facebook Previous articleHarte looks to the future and confirms he will stay on as Tyrone bossNext articleUpdate: Police investigating death of young man in Derry are treating it as unexplained News Highland Pinterest Help sought in search for missing 27 year old in Letterkenny WhatsApp NPHET ‘positive’ on easing restrictions – Donnelly 448 new cases of Covid 19 reported today Twitter By News Highland – August 24, 2015
Newsx Adverts WhatsApp WhatsApp Twitter NPHET ‘positive’ on easing restrictions – Donnelly RELATED ARTICLESMORE FROM AUTHOR Pinterest 448 new cases of Covid 19 reported today Pinterest Previous articleThree Donegal schools given the go ahead to replace prefabsNext articleDonegal teens in the running Foróige Entrepreneurs award News Highland Twitter By News Highland – April 24, 2012 The dangers of meningitis and septicaemia are being highlighted today, on World Meningitis Day.The illness causes the deaths of around 1-thousand children around the globe every day.Those who survive can be affected with brain damage, blindness, deafness, behavioural problems and memory loss.Clodagh Hegarty is with the Meningitis Research Foundation – and explains what parents should watch out for:[podcast]http://www.highlandradio.com/wp-content/uploads/2012/04/08hega1.mp3[/podcast] Parents reminded of the warning signs of meningitis Facebook Calls for maternity restrictions to be lifted at LUH Google+ Help sought in search for missing 27 year old in Letterkenny Facebook Three factors driving Donegal housing market – Robinson Guidelines for reopening of hospitality sector published Google+
Facebook Google+ Twitter Google+ Pinterest LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Pinterest No argument to keep Castlederg PSNI Station open – Cllr McHugh Previous articleDeputy McHugh – ‘sickness’ of bureaucracy and red tape must endNext articleArranmore murder-accused ‘had psychiatric disorder’, court told News Highland WhatsApp Guidelines for reopening of hospitality sector published WhatsApp Calls for maternity restrictions to be lifted at LUH By News Highland – February 8, 2012 Twitter RELATED ARTICLESMORE FROM AUTHOR A Sinn Fein Cllr in Castlderg has said there is no argument to keep Castlederg Police Station opened.Just last week Ulster Unionist Cllr Ross Hussey said that the Castlederg Station should remain open on security grounds.The stations closure is to be discussed at a public consultation meeting in the Derg Valley Leisure Centre tonight at 8pm.Cllr Ruairi McHugh said Unionists who claim the station should remain open for security reasons are clutching at straws……[podcast]http://www.highlandradio.com/wp-content/uploads/2012/02/mchugh.mp3[/podcast] Three factors driving Donegal housing market – Robinson Almost 10,000 appointments cancelled in Saolta Hospital Group this week NPHET ‘positive’ on easing restrictions – Donnelly News Facebook
Young people want their parents to be more involved in their school lives – especially when they’re being bullied.That’s the message from anti-bullying groups today, who’re reacting to the latest statistics from the Ombudsman for children that shows 10 thousand pupils go to school in fear of bullies.The study follows the recent deaths of teenagers Erin Gallagher in Ballybofey and Ciara Pugsley in Leitrim, both of whom took thier own lives after being bullied on the website ask.fm.Speaking to 98FM, Ian Power from the support group Spun Out says children need to know their worries will be taken seriously………….[podcast]http://www.highlandradio.com/wp-content/uploads/2012/11/power2pm.mp3[/podcast] Google+ By News Highland – November 3, 2012 Facebook Twitter Children want parental involvement and support – Report Pinterest Business Matters Ep 45 – Boyd Robinson, Annette Houston & Michael Margey Calls for maternity restrictions to be lifted at LUH Previous articleNew group promises a more inclusive approach to austerity protestNext articleStill no progress on Polling Clerk jobs call – Cutliffe News Highland Guidelines for reopening of hospitality sector published RELATED ARTICLESMORE FROM AUTHOR Twitter WhatsApp Google+ LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Pinterest News Facebook Almost 10,000 appointments cancelled in Saolta Hospital Group this week WhatsApp Need for issues with Mica redress scheme to be addressed raised in Seanad also
Newsx Adverts Google+ WhatsApp LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Facebook Guidelines for reopening of hospitality sector published Google+ Donegal to mark World Suicide Prevention Day Need for issues with Mica redress scheme to be addressed raised in Seanad also Facebook Tomorrow is World Suicide Prevention Day, with a number of events taking place in Donegal, including the release in Buncrana of several Chinese Lanterns representing people who have been lost.Meanwhile, the HSE says it is stepping up its delivery of two suicide prevention courses throughout the county, and is trying to ensure that all communities have members who are trained in suicide prevention.Suicide Resource Officer Anne Sheridan says the HSE in Donegal has some of the most skilled, professional and committed trainers in the country.She’s been outlining what the the courses entail:[podcast]http://www.highlandradio.com/wp-content/uploads/2011/09/annes830.mp3[/podcast]Clerical abuse in the Catholic Church is set to dominate proceedings at a conference on suicide prevention, taking place in Dublin this morning.Last weekend, the Vatican’s reaction to the Cloyne report was criticised by victims groups – which accused the Holy See of failing to take adequate responsibility for its role in the scandal.Father Aidan Troy believes the hurt caused to victims has been compounded by the Vatican’s response:[podcast]http://www.highlandradio.com/wp-content/uploads/2011/09/08trocloyney.mp3[/podcast] Calls for maternity restrictions to be lifted at LUH Previous articleMFG – Government exploring alternative ways of delivering servicesNext articleMeeting to address MFG crisis and explore future options News Highland Almost 10,000 appointments cancelled in Saolta Hospital Group this week By News Highland – September 9, 2011 Twitter Twitter RELATED ARTICLESMORE FROM AUTHOR Pinterest Pinterest WhatsApp Minister McConalogue says he is working to improve fishing quota
RELATED ARTICLESMORE FROM AUTHOR 70% of Cllrs nationwide threatened, harassed and intimidated over past 3 years – Report By News Highland – July 29, 2011 LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Google+ Dail hears questions over design, funding and operation of Mica redress scheme Pinterest Twitter Facebook Need for issues with Mica redress scheme to be addressed raised in Seanad also The Manager of Letterkenny General Hospital says there is no scope to make savings by reducing elective surgery, because only a very small proportion of the hospital’s admissions are elective ones.Sean Murphy says last evening’s meeting with Dr James Reilly was a constructive one, but the minister remained clear that no more money will be provided in the current year.Speaking to Highland Radio News today, Sean Murphy said that means that service reductions are inevitable, and the challenge is to find a way to cut services in a way that has minimal impact on patient care.The Head of the HSE Cathal Magee said recently that Letterkenny General is doing too much and needs to cut back on its activity.Sean Murphy says that’s easier said than done……..[podcast]http://www.highlandradio.com/wp-content/uploads/2011/07/murph1pm.mp3[/podcast] Facebook WhatsApp Google+ Twitter Newsx Adverts Previous articleGAA – Captain Murphy is good for Croke ParkNext articleHigh Court refuses application to jail Letterkenny developer News Highland Almost 10,000 appointments cancelled in Saolta Hospital Group this week WhatsApp Minister McConalogue says he is working to improve fishing quota Hospital manager says cuts at LGH are inevitable Pinterest
Google+ SDLP leader Colum Eastwood, Minister Mark H Durkan and Cllr Gerard Diver have been endorsed at a selection convention to stand for Foyle in the upcoming Assembly elections.Mark H Durkan and Colm Eastwood are already in the assembly, and they’ll be joined next month by Gerard Diver, who will be coopted into the assembly to replace Pat Ramsey who steps down from the end of next week for medical reasons.Pat Ramsay says it was a strange experience being at a convention at which his name was not going forward……….Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2015/12/ramsy1pm.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. WhatsApp By admin – December 23, 2015 Dail to vote later on extending emergency Covid powers Pinterest Homepage BannerNews Need for issues with Mica redress scheme to be addressed raised in Seanad also SDLP nominate assembly election candidates as Ramsay reflects on 30 year career Facebook 70% of Cllrs nationwide threatened, harassed and intimidated over past 3 years – Report Twitter Google+ Minister McConalogue says he is working to improve fishing quota Previous articleSt Eunan’s Kilcar U21 Final PostponedNext articleSubmerged boat ‘Rival’ to be removed from Ramelton admin Facebook Man arrested in Derry on suspicion of drugs and criminal property offences released Dail hears questions over design, funding and operation of Mica redress scheme WhatsApp RELATED ARTICLESMORE FROM AUTHOR Pinterest Twitter
News By News Highland – September 21, 2011 Facebook WhatsApp Pinterest Pinterest WhatsApp Twitter Man arrested in Derry on suspicion of drugs and criminal property offences released Google+ Twitter Facebook Previous articleDonegal County Council may hold the Key for Senator Norris’s Aras bidNext articleMissing tourist found alive after four day search News Highland The Minister for Energy and Natural Resources Pat Rabbitte has said he expects the sale of a minority stake in ESB to take place next year.Speaking in the Dail last night, Minister Rabbitte said an expert group would report back in November on how best to proceed with the transaction.Sinn Fein hit back at the Minister, accusing the Labour Party of doing a U-turn and capitulating to demands from Fine Gael – backed by pressure from the EU and IMF.The Party’s Finance Spokesperson Pearse Doherty described the part privatisation of ESB as bad energy and economic policy that would be detrimental to Irish consumers, taxpayers and workers:[podcast]http://www.highlandradio.com/wp-content/uploads/2011/09/pearse.mp3[/podcast] RELATED ARTICLESMORE FROM AUTHOR PSNI and Gardai urged to investigate Adams’ claims he sheltered on-the-run suspect in Donegal Dail hears questions over design, funding and operation of Mica redress scheme HSE warns of ‘widespread cancellations’ of appointments next week Any privatisation of ESB will be a disaster – Pearse Doherty Google+ Dail to vote later on extending emergency Covid powers Man arrested on suspicion of drugs and criminal property offences in Derry
Man arrested on suspicion of drugs and criminal property offences in Derry Facebook Donegal County Council marks ‘Social Inclusion Week’ with over 70 events Twitter Man arrested in Derry on suspicion of drugs and criminal property offences released Dail to vote later on extending emergency Covid powers By News Highland – October 22, 2013 WhatsApp Ian Mcgarvey INDThe Mayor of Donegal says the county council’s role in promoting social inclusion is a hugely important element of its remit, and one he wants to promote during his term.Cllr Ian Mc Garvey was speaking at the start of Social Inclusion Week, a council initiative with over 70 events from now until Friday.Cllr Mc Garvey says with events geared towards all ages and nationalities, the council is committed to striving for a better quality of life for everyone in Donegal……..[podcast]http://www.highlandradio.com/wp-content/uploads/2013/10/iansocialinclusion.mp3[/podcast] Twitter Pinterest RELATED ARTICLESMORE FROM AUTHOR Pinterest Dail hears questions over design, funding and operation of Mica redress scheme Previous articleCouncil told County Development Plan needs tighter windfarm restrictionsNext articleFirst sod turned at Amazing Grace Park in Buncrana News Highland Google+ Facebook HSE warns of ‘widespread cancellations’ of appointments next week Google+ PSNI and Gardai urged to investigate Adams’ claims he sheltered on-the-run suspect in Donegal WhatsApp News
75 positive cases of Covid confirmed in North Man arrested on suspicion of drugs and criminal property offences in Derry Previous articleReilly must make immediate commitment of emergency funding for LGH – Mc ConalogueNext articleRemains of Barry Doherty being brought home to Carndonagh News Highland By News Highland – July 29, 2013 Facebook WhatsApp News Further drop in people receiving PUP in Donegal Trade Unions representing workers at Letterkenny General Hospital have commended staff for their tremendous response to the disastrous flooding that has closed large parts of the facility.In a joint statement, Donegal Officials from IMPACT, SIPTU and INMO say the quick thinking of staff and management following the flash flood on Friday evening certainly saved lives.One of the signatories of the statement is Maura Hickey of the INMO………[podcast]http://www.highlandradio.com/wp-content/uploads/2013/07/mauraunionstatement.mp3[/podcast] Google+ 365 additional cases of Covid-19 in Republic Unions say quick response to hospital flooding undoubtedly saved lives Pinterest Twitter Google+ RELATED ARTICLESMORE FROM AUTHOR WhatsApp Facebook Twitter Main Evening News, Sport and Obituaries Tuesday May 25th Pinterest Gardai continue to investigate Kilmacrennan fire
75 positive cases of Covid confirmed in North WhatsApp Pinterest Facebook Facebook Google+ Pinterest Twitter RELATED ARTICLESMORE FROM AUTHOR Irish Water has said it will meet with residents in the Churchill area about the ongoing water situation there.The meeting is to take place on Friday morning and will be the fourth meeting to take place in relation to it.Severe discoloration caused by vegetation seeping into the supply has become an annual occurrence, and it is at its peak at this time of year.Residents claim the water is undrinkable and unusable for washing clothes.Local resident Charlie McClafferty says while work is being carried out, the area could be getting their supply from Lough Salt:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2015/09/charlie530.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Man arrested on suspicion of drugs and criminal property offences in Derry Google+ Main Evening News, Sport and Obituaries Tuesday May 25th 365 additional cases of Covid-19 in Republic Previous articleDonegal disability campaigners joining Dublin protestNext articleMore arrests over offences during Peggy O’Hara’s wake and funeral News Highland By News Highland – September 16, 2015 Twitter Further drop in people receiving PUP in Donegal Gardai continue to investigate Kilmacrennan fire WhatsApp Churchill residents to meet with Irish Water over water quality Homepage BannerNews
Pinterest Twitter Facebook Twitter Google+ Google+ Facebook WhatsApp A Sinn Fein deputation has met with senior Donegal County Council officials in relation to sewage schemes in parts of West Donegal.The group, led by Donegal South West Deputy Pearse Doherty, said the lack of progress on these schemes has been a major issue of concern, with residents in certain areas waiting decades for the necessary works to be complete.The delays in progressing schemes in Dungloe, Glenties and Gweedore were discussed.In relation to the Glenties and Dungloe sewage schemes, Deputy Doherty says contracts are due to be signed by January.He’s hopeful that the Gweedore scheme can now progress…..[podcast]http://www.highlandradio.com/wp-content/uploads/2012/06/pears8301.mp3[/podcast] WhatsApp 75 positive cases of Covid confirmed in North 365 additional cases of Covid-19 in Republic Man arrested on suspicion of drugs and criminal property offences in Derry Pinterest Main Evening News, Sport and Obituaries Tuesday May 25th Previous articleSinn Fein in Derry call on threats against Derry community worker to be liftedNext articleGAA – McMahon Ruled Out Of Championship Semi Final News Highland Lack of progress on sewage schemes in West Donegal concerning – Deputy Doherty RELATED ARTICLESMORE FROM AUTHOR News Further drop in people receiving PUP in Donegal By News Highland – June 27, 2012 Gardai continue to investigate Kilmacrennan fire
Google+ High court judge to quash A5 upgrade 365 additional cases of Covid-19 in Republic Man arrested on suspicion of drugs and criminal property offences in Derry Twitter Pinterest RELATED ARTICLESMORE FROM AUTHOR Pinterest Previous articleLetterkenny – Galway cancer bus service under serious financial pressureNext articleNorths Regional Development Minister to prepare submissions in relation to Habitats Directive in relation to A5 News Highland Facebook A High Court judge has said he is minded to quash the regional development minister’s decision to proceed with the A5 dual carriageway.Uncertainty now surrounds the overall project.Farmers, businessmen and landowners have joined together under the Alternative A5 Alliance grouping in a legal challenge to the planned stretch of dual carriageway between Derry and Aughnacloy.Mr Justice Stephens rejected the overwhelming majority of the Alternative A5 Alliances grounds of challenge opposing the scheme.However he upheld one of the grounds of appeal.That was that appropriate assessment under the Habitats Directive should have been, but had not been, carried out.On that basis, the judge indicated that he was minded to quash the minister’s decision to begin constructing the dual carriageway.However, he has given the department until Wednesday 20 March to make further submissions on whether they were in breach of the Habitats Directive. WhatsApp 75 positive cases of Covid confirmed in North Google+ Further drop in people receiving PUP in Donegal By News Highland – March 12, 2013 Main Evening News, Sport and Obituaries Tuesday May 25th Twitter News Facebook WhatsApp Gardai continue to investigate Kilmacrennan fire
Further drop in people receiving PUP in Donegal WhatsApp Main Evening News, Sport and Obituaries Tuesday May 25th Pinterest 365 additional cases of Covid-19 in Republic News By News Highland – November 5, 2013 75 positive cases of Covid confirmed in North Three Irish men are being investigated by Interpol after they attempted to pay for child pornography online.Gardai have confirmed they are assisting the international policing body with their enquiries after a sting operation by a Dutch children’s charity. Two of the suspects are believed to be fathers themselves, but the charity says they have evidence of them attempting to pay a young girl to perform sexual acts in front of a web camera.Terres Des Hommes created a cyber version of a 10-year-old girl to trick users into thinking they were watching a child in order to highlight the problem of online child sexual exploitation.Hans Guyt of the charity says the men handed over their information readily in order to gain access.”They volunteered all sorts of information – in on way did we veer stress them or urge them to handover information, they volunteered the information themselves” he said.”When we said (that) the communication line is bad, ‘can we switch over to Skype?’ – they would gladly hand over their Skype details etc”.”So in the end, after a few minutes, we had enough for information – with the help of search engines like Google – to establish the identity of the individual” he added. Facebook Twitter Previous articleGlenswilly & Milford plan for Ulster Semi FinalsNext articleDaughter makes appeal for her missing Wexford mother News Highland Facebook Gardaí help Interpol in child porn sting investigation WhatsApp Man arrested on suspicion of drugs and criminal property offences in Derry Google+ RELATED ARTICLESMORE FROM AUTHOR Pinterest Google+ Twitter Gardai continue to investigate Kilmacrennan fire
News UpdatesHow Could Permission Have Been Granted To 90 People For Attending Marriage Ceremony Of Nikhil Kumarasway During Lockdown : Asks Karnataka HC Mustafa Plumber5 May 2020 11:13 PMShare This – xThe Karnataka High Court wants to know from the Central and State Government why there were no restrictions imposed on the number of persons allowed to attend the marriage ceremony of Nikhil Kumaraswamy, son of former Chief Minister H D Kumaraswamy. The wedding was held on April 17, it was attended by around 80 to 90 people. A division bench of Chief Justice Abhay Oka and Justice B…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Karnataka High Court wants to know from the Central and State Government why there were no restrictions imposed on the number of persons allowed to attend the marriage ceremony of Nikhil Kumaraswamy, son of former Chief Minister H D Kumaraswamy. The wedding was held on April 17, it was attended by around 80 to 90 people. A division bench of Chief Justice Abhay Oka and Justice B V Nagarathna said “We make it clear that we are not on one individual function already held on 17th April. But we are on the question of State Government permitting such functions which prima facie will defeat the very object of imposing lockdown and introducing several prohibitions. If the policy of the Central Government and State Government is to permit holding of such marriage functions which can be attended by more than 50 persons, the Government must say so in writing so that all the citizens will be entitled to benefit of the said facility.” The observation was made after the state government submitted that “Permission for the ceremony was granted by the Deputy Commissioner, Ramanagara District on April 16. Private security persons were deployed by the organizers with strict instructions to permit only invitees, and the same was ensured under the supervision of the Dy. SP. Ramanagara. A team of health officials were deployed at the marriage ceremony for thermal screening of all attendees. The officials also ensured that masks and sanitizers were distributed to everyone present as per the Covid-19 protocol. In addition, bandobast arrangements were made at the venue of the marriage, and the general public were strictly not permitted to attend the ceremony.” Additional Advocate General relied upon Clause (4) of Annexure I to the order dated 15th April, of the Ministry of Home Affairs. Annexure I is of “National Directives for COVID-19 Management”. Clause (4) is under title “PUBLIC SPACES” which provides that “Gatherings such as marriages and funerals shall remain regulated by the District Magistrate”. However, the bench said “Assuming that the District Magistrate had power to grant permission for holding a marriage ceremony on 17th April, we are surprised to note that he has omitted to mention in the purported permission any ceiling on the number of guests attending the marriage function.” The court referred to orders dated 15th April, 2020 and 1st May, 2020, and called for a policy statement from the Central Government and State Government on whether it is open for the District Magistrates to grant permission for holding of marriage ceremonies and other gatherings which are prohibited, irrespective of number of guests attending the function. It reminded the authorities about Clause (5) of Annexure-I of the order dated 1st May 2020,which specifically records that marriages related gatherings shall ensure social distancing, and maximum number of guests allowed shall not be more than 50. In Annexure-I to notification dated 15th April, 2020, there was no such relaxation granted allowing attendance of not more than 50 guests. The State Government has also been told to submit details about how many Movement Passes for inter district travel of the vehicles were granted to enable the guests to attend the function held on 17th April, 2020 Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
ColumnsWomen In Constituent Assembly: G. Durgabai, The Most Frequent Woman Voice Surbhi Karwa25 July 2020 9:50 PMShare This – x(‘Women In Constituent Assembly’ series will discuss the role played by women in the Constituent Assembly of India. This is the third article of the series)15th July 2020 marks 111th birth anniversary of G. Durgabai. In this piece, I attempt to provide a glimpse into the wide-ranging interventions of the most active woman member of the Constituent Assembly. Born on 15th July…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?Login(‘Women In Constituent Assembly’ series will discuss the role played by women in the Constituent Assembly of India. This is the third article of the series)15th July 2020 marks 111th birth anniversary of G. Durgabai. In this piece, I attempt to provide a glimpse into the wide-ranging interventions of the most active woman member of the Constituent Assembly. Born on 15th July 1909 in Rajahmundri, Kakinada, G. Durgabai participated in the freedom movement since her early childhood. At the age of 12, she quit school to protest imposition of English as medium of education and at the age 14, she volunteered at Indian National Congress’s conference in Kakinada. Later she studied at Benaras Hindu University and Waltair and Law College, Madras and practiced law at Madras High Court and Supreme Court of India. She joined Constituent Assembly on 9th December 1946 from Madras. The Most Active Woman Member- The Indian Constituent Assembly had 15 women members in the 299 member body (around 5%). But not all women members actively participated in the assembly. Kamala Chaudhari, Leela Ray, Malati Chowdhary never spoke in the assembly, and few of the women members left assembly membership in between. But G. Durgabai was the most frequent voice in the assembly. She spoke on wide range of issues from film censorship to judiciary (some of which discussed below). She was member of the Rule Making Committee (the only woman member). She spoke most regularly as member of this committee and introduced various proposals for effective functioning of the Constituent Assembly. She was also member of Steering Committee of the assembly. Recognizing her important role, Granville Austin is his seminal work on Indian Constituent Assembly counted her in his list of the ’21 most important figures of the assembly’. However in a rather sexist manner he referred to her as ‘Wife of C.D. Deshmukh’ in her ‘After Constituent Assembly Introduction’.  On Judiciary: Her Most Frequent Interventions Apart from intervening on range of occasions on rules of working of Constituent Assembly, the second most frequent theme where she intervened was judiciary and judicial administration. Herself a lawyer, she spoke on following issues related to judiciary- On role of Chief Justice of India in appointment of judges of provincial courts. On establishment of new high courts in any newly created provinces. On citizenship of judges. On Appellate jurisdiction of Supreme Court in Civil matters. On abolition of jurisdiction of Privy Council. On Sex Work The issue of prostitution (or rather sex work) is highly debated within the feminist discourse marked by the victim- agent dilemma i.e. when are women to be considered victims needing protection and when do women stand as active agents negotiating with power and carving out their own spaces. However Constituent Assembly discourse saw sex workers only as ‘women at the mercy of their exploiters', who needed to be ‘saved’ and ‘rescued’. Deshmukh along with her other women colleagues debated the question of sex work only within frame work of trafficking and forced labour under Ar. 23 of the Constitution. Prof. K.T. Shah moved an amendment to Ar. 23 of the Constitution suggesting that dedication of young women to Devdasis in temples shall be specifically prohibited through Ar. 23. Durgabai supported Shah’s position, and expressed her gratitude to him for his proposal. Although she advised him that since specific legislation had already been passed in Madras, there was no need for a categorical provision to abolish the Devdasi system in the Constitution.  This is in continuation of the mainstream feminism during the freedom struggle where mainstream feminists aimed at ‘rescuing’ sex workers and providing them with alternative shelters. In this abolitionist zeal of Durgabai and her woman colleagues there was no recognition of sex workers and their agency. In fact, Forbes records that during the freedom struggle itself, sex workers themselves had resisted the reformer’s overtures of mainstream feminists.  However, invoking spiritual superiority of Indian women, Durgabai and her colleagues saw sex work against the duty of women in upholding moral standards. Few years later Durgabai was ‘aghast’ at a petition in Allahabad High Court by one sex worker named Husna Bai who argued for her “right to carry on prostitution or the business of brothel keeping” as her fundamental right under Ar. 19. On Fundamental Rights – Durgabai also intervened in debates around fundamental right. The three rights she primarily spoke on were Ar. 22, Ar. 25 and Ar. 32. On 16th September 1949, the Constituent Assembly debated Ar. 15-A of the Draft Constitution (Ar. 22 of the current Constitution). The article faced serious criticism from the members of the house for its wide power of preventive detention and anti-liberty stand. One of the members Shri Jaspat Roy Kapoor argued that the chapter on fundamental rights should be re named as “Limitations on Fundamental Rights” Another member referred to preventive detention powers under Ar. 22 as ‘crown of failure’.  However Durgabai sided with the position of Drafting Committee a ‘very happy compromise’ and argued that Ar. 22 is in fact an improvement over pre-constitutional public security acts. On another occasion, she moved an amendment to Ar. 25 and argued that the words ‘any class or section’ under sub-clause (b) of clause (2) of. Ar. 25 should be replaced with ‘all sections and classes’. The aim of her proposal was to enlarge the scope of social reform and welfare under the Article. She argued that there are various classes of religious institutions run by Hindus. Thus the clause should not be limited to temples, it should also cover maths, religious pathshalas, and educational institutions run by Hindus.  Speaking on Ar. 32, she termed the right of approaching the Supreme Court, ‘fundamental to all the fundamental rights’ and remarked- “the right to move the Supreme Court by appropriate proceedings for the enforcement of a person’s rights is a very very valuable right that is guaranteed under this Constitution. In my view this is a right which is fundamental to all the fundamental rights guaranteed under this Constitution. The main principle of this article is to secure an effective remedy to the fundamental rights guaranteed under this Constitution.” Later, in the same remark, she also discussed whether principle of res judicata applies to exercise of remedies under writ jurisdiction. Sexism Faced- Indian Constituent Assembly saw various instances of sexism and sexist comments against women members in the assembly. G. Durgabai was no exception to it. On 15th October 1949, G. Durgabai, as member of the Rule Making committee, moved certain proposals for addition of new rules to the Constituent Assembly rules. Naziruddin Ahmad, upset with the rules argued against them and added that, “a further difficulty has been placed by the Drafting Committee on the Members in that they have selected a lady Member to propose all these difficult rules.” He further went on, “the method followed by the Drafting Committee is like that of the Communists who fight with ladies at the front, so as to make it impossible for the other party to strike… The difficulty is that we cannot be hard upon her. After all some kind of gracefulness is necessary in dealing with a lady member. The fact is that the Drafting Committee has put a lady member to fight their cause.” His comments mark a classic sexist instance where a woman is not seen strong enough to be sent in front to defend a position; rather she is seen as ‘other’ in the fight between men. The stereotypical assumption is that it is not a war, a business for woman; it is the issue between two men who need to fight it out themselves rather than sending a woman. His language did not draw much flak from the members. Later in her response, Durgabai herself questioned the comments of Ahmad and expressed her regret that male members of the house were still conscious of ‘sex business’ though the women Members had completely forgotten it. She added that she very much wished that there should be no longer any talk of ‘this question of men and women’ in the assembly. Apart from the above mentioned issues, she also spoke on the question of language, question of film censorship, protection of children from abandonment, financial implications of declaration of Emergency, etc. Thus, G. Durgabai was one of the leading voices of Constituent Assembly of India. Her role in the assembly continues to impact lives of women today. From sex work to her approach on preventive detention, critical engagement with her stands is warranted.Views are personal only. (Surbhi undertook her LL.M. Dissertation research on feminist critique of Indian Constituent Assembly. She taught the same as seminar course at National Law University, Delhi in Autumn semester 2020. She can be reached at [email protected]) Also Read : 1. Dakshayani Velayudhan – The Lone Dalit Woman In Constituent Assembly2. Women In Constituent Assembly : Engaging With The Role Of Hansa Mehta  ‘G. Durgabai’ (Centre for Law and Policy Research)
News UpdatesNo Sanitization Of HC Premises; Benches Do Not Assemble On Time: Allahabad HCBA Writes To Chief Justice [Read Letter] LIVELAW NEWS NETWORK10 Sep 2020 6:31 AMShare This – xThe Allahabad High Court Bar Association has addressed a letter to Chief Justice Govind Mathur, highlighting their grievances over functioning of the Court, including non-sanitization of its premises. President of the HCBA, Senior Advocate Armendra Nath Singh and General Secretary of the HCBA, Prabhashankar Mishra informed the CJ that the concerned department is…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Allahabad High Court Bar Association has addressed a letter to Chief Justice Govind Mathur, highlighting their grievances over functioning of the Court, including non-sanitization of its premises. President of the HCBA, Senior Advocate Armendra Nath Singh and General Secretary of the HCBA, Prabhashankar Mishra informed the CJ that the concerned department is not maintaining cleanliness in the premises, and sanitization of premises is not taking place, amid the Covid crisis. They also informed that the Benches do not assemble on time and no information regarding such delay is notified/ displayed outside the courts. Remarking that the HC Registry is not showing desired cooperative conduct since past three months, they wrote: Notice of listing of cases is not given to most advocates;Information about transfer of cases to another court room (due to non-sitting of designated bench) is notified at 11 am on the date of listing whereas such information should be provided one day in advance (as was done when Justice DY Chandrachud was the HC Chief Justice);Despite filing of Vakalatnamas by the opposite parties’ counsels, their names are not reflected on record;Date is not fixed in the listing application;Alternate judicial rooms which are left vacant for advocates to sit are not being opened. They have urged the Chief Justice to take appropriate action in this regard to ensure smooth functioning. Note: HC shall remain closed tomorrow, i.e. September 11 for sanitization purpose. Delete Allahabad HC to remain closed tomorrow, i.e. Sept 11.There shall be no physical/ e-filing on the said date.Urgent matters to be listed before CJ Bench.Remaining matters stand adjourned to Sept 14.#allahabadhighcourt pic.twitter.com/r6Lr4etoe9— Live Law (@LiveLawIndia) September 10, 2020 Click Here To Download Letter Read Letter Next Story
Top StoriesLiveLaw Invites You To “The First Professor Shamnad Basheer Memorial Lecture 2020” By Justice S Muralidhar[ Today At 11 AM] LIVELAW NEWS NETWORK11 Sep 2020 8:13 PMShare This – xLiveLaw is organising “The First Professor Shamnad Basheer Memorial Lecture 2020″ on September 12, 2020 (Saturday) at 11 am.Dr. Justice S Muralidhar (Judge, Punjab & Haryana High Court) will speak on ” Imagining Legal Education in Contemporary India “.The session will be moderated by Dr Anup Surendranath (Executive Director, Project 39A, NLU Delhi)Other Speakers in the eventSwati…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?LoginLiveLaw is organising “The First Professor Shamnad Basheer Memorial Lecture 2020″ on September 12, 2020 (Saturday) at 11 am.Dr. Justice S Muralidhar (Judge, Punjab & Haryana High Court) will speak on ” Imagining Legal Education in Contemporary India “.The session will be moderated by Dr Anup Surendranath (Executive Director, Project 39A, NLU Delhi)Other Speakers in the eventSwati Agarwal (Director-Operations-IDIA)Rohit Mammen Alex (Advocate, Former Additional Advocate General (UP)The details of the webinar are as follows:Zoom Meeting Link: https://zoom.us/j/92469976106?pwd=enZBMUR1ZTBPNVRiMGpJN1cvKzlPUT09Meeting ID: 924 6997 6106Password: 881007YouTube Link: https://www.youtube.com/watch?v=-K4cE5ytPSgFacebook Link: https://www.facebook.com/livelawindia/Instagram Link: https://www.instagram.com/livelaw.in/For inquiries, write to us at [email protected] or contact us at +91 7994869917Next Story
Top Stories”FIRs Filed Basis Toxic Social Media Posts Against Devgan”: Senior Advocate Sidharth Luthra Tells SC Sanya Talwar24 Sep 2020 5:56 AMShare This – xJournalist Amish Devgan’s Counsel, Senior Advocate Sidharth Luthra submitted before the Supreme Court today that offences alleged against Devgan are not made out and thus the FIR’s deserve to be quashed.As many as 7 FIRs have been filed in Rajasthan, Madhya Pradesh, Uttar Pradesh, Maharashtra & Telangana against Devgan on the basis of derogatory remarks that he made against Sufi…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?LoginJournalist Amish Devgan’s Counsel, Senior Advocate Sidharth Luthra submitted before the Supreme Court today that offences alleged against Devgan are not made out and thus the FIR’s deserve to be quashed.As many as 7 FIRs have been filed in Rajasthan, Madhya Pradesh, Uttar Pradesh, Maharashtra & Telangana against Devgan on the basis of derogatory remarks that he made against Sufi Saint Moinnuddin Chisti on his prime time show, telecast on June 15.Luthra told a bench of Justices AM Khanwilkar & Sanjiv Khanna that the FIRs stipulate offences under Sections 153A, 153G, 295A, 298, 5050(2) of IPC & 66(f) of the Information Technology Act against Devgan but none of the FIRs & their contents justify their requisite ingredients in terms of the Indian Penal Code.First, Luthra read out transcripts from the show and submitted that the statements made by Devgan for the Sufi Saint were inadvertently made and that he had issued public apology for the same.”He is himself a follower of the Sufi Saint and visits the Ajmer Shareef Dargah regularly,” said Luthra, adding that a social media post stating his apology was put out on June 17 at 11.53 PM.While elaborating that there was no correlation between tendering apology and filing of FIR, Luthra said that the apology was made at 11.53 PM on June 17 while the first FIR was registered 18 minutes later.Luthra’s skeletal legal arguments centered around the following:1) The first test being, are any of the ingredients of the offences made out? A statement made without intent cannot be considered to be a criminal offence u/s 153A,295A, 505 of IPC & 66 of IT Act.2) Alternatively…assuming thereto, is it not a case made under Section 95 and liable to be quashed?3) One cannot have alternative FIRs arising out the same alleged offence, doing so points to abuse of power.4) Also, assuming though not accepting that an FIR could lie, the jurisdiction cannot be beyond Noida where the broadcast was made, Devgan cannot be dragged to any and every corner of the country.Luthra argued that the basis of filing an FIR basis against Devgan stemmed from what was learnt by complainant on social media. “What is said on social media is often very toxic and if you read something toxic, does not mean the original content was. This man did not even watch the show and he states in the FIR itself that he got the information about Devgan’s derogatory statements from social media” he added.While one FIR did state that Devgan had the intention to insult the Sufi Saint, which he did deliberately (by using the word “Lootera” for Khwaja Moinnuddin Chisti on his show), Luthra argued that intention in no way makes out an offence. Then, the Senior Counsel argued that that a comment against a religious figure would not attract an offence under 295A IPC.There is absence of all ingredients made out against Devgan, under Section 153A, 295A or 505(2) of the IPC.”I would submit, how can the act fall within 505(2)? The mere usage of the word intent or deliberate in the FIR will not bring offences within the corners of these sections under IPC against,” said Luthra.Further, he contended that section 66(f) of the Information Technology act would also not be attracted as it stipulated ingredients of “Cyber Terrorism”.The bench is expected to hear arguments tomorrow throughout the day from 10.30 AM.Background:While hosting a debate on June 15 on PIL’s regarding the Place of Worship Special Provision Act on his show ‘Aar Par’, Amish had called Khwaja Moinuddin Chisthi, better known as Khwaja Ghreeb Nawaz, an “attacker” and “looter”.Following that, several police complaints and FIRs were registered against the anchor across the country.Devgan’s petition filed through Advocate Vivek Jain seeks quashing of the FIRs which have invoked sections 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony), 505 (Statements conducing to public mischief) and 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).Devgan had also profusely apologised for referring to the Sufi Saint as a “lootera” and called it an “inadvertent error”.His tweet of apology read:”In 1 of my debates,I inadvertently referred to ‘Khilji’ as Chishti. I sincerely apologise for this grave error and the anguish it may hv caused to followers of the Sufi saint Moinuddin Chishti, whom I revere. I have in the past sought blessings at his dargah. I regret this error”.On July 8, the top court had directed a stay on an investigation and coercive action against journalist Amish Devgan.Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Top StoriesMedia Trial Is Interference With Administration Of Justice; Amounts To Contempt Of Court: Aspi Chinoy Argues In Bombay High Court LIVELAW NEWS NETWORK29 Oct 2020 5:05 AMShare This – xSenior Advocate Aspi Chinoy submitted before the Bombay High Court on Thursday that ‘trial by media’ results in interference with the administration of justice and therefore amounts to contempt of court as per Section 2(c) of the Contempt of Courts Act, 1971.He submitted that when media pre-judges the guilt of the accused, the right to free and fair trial under Article 21 of the Constitution…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?LoginSenior Advocate Aspi Chinoy submitted before the Bombay High Court on Thursday that ‘trial by media’ results in interference with the administration of justice and therefore amounts to contempt of court as per Section 2(c) of the Contempt of Courts Act, 1971.He submitted that when media pre-judges the guilt of the accused, the right to free and fair trial under Article 21 of the Constitution and the presumption of innocence get undermined.The senior lawyer was appearing for eight former officers of the Maharashtra police who have filed a Public Interest Litigation(PIL) petition in the Bombay High Court seeking restraint on the parallel investigation conducted by media when the police investigation is ongoing. The PIL was filed in the wake of media reporting of the Sushant Singh Rajput case, alleging that media was making derogatory and irresponsible comments against the Mumbai police.While making the rejoinder submissions, Chinoy referred to any earlier query posed by the bench as to whether investigation can come under the purview of ‘judicial proceedings’ within the meaning of Contempt of Courts Act, 1971.This query from the bench comprising Chief Justice Dipankar Datta and Justice G S Kulkarni was based on the Explanation to Section 3 of the Contempt of Courts Act, which refers to only post-cognizance proceedings as ‘criminal proceedings’.In this regard, Chinoy argued that the said Explanation only related to Section 3 which dealt with exemption to ‘innocent publications and fair reporting’ from contemptuous acts.According to Chinoy, the Explanation was not applicable to Section 2(c)(iii) of the Act, which states that interference with the administration of justice amounted to criminal contempt.In this connection, he referred to passages from the 2012 judgment of the Supreme Court in the Sahara case such as:.”Trial by media comes under the category of interference with the administration of justice””Infringement of presumption of innocence by excessive publicity an act of contempt of court”.”Excessive prejudicial publicity leading to usurpation of functions of the Court interferes with administration of justice”.Having argued that trial by media amounted to contempt of court, Chinoy proceeded to the next level of his submission – that the government had the statutory duty to act against such publications.For this, he referred to Sections 5, 6 and 20 of the Cable TV Network Regulation Act. As per the Program Code, the media cannot publish anything which amounts to contempt of court. Under the statutory framework of Cable TV Act, if a media transmits something which amounts to contempt of court, then there is an obligation on the state authority under Section 20 to stop the transmission, he submitted. Under Section 5 of the Cable TV Act, the program code has to be followed. Under Section 6, contempt of court by media is prohibited. Under Section 20, Govt has power to disconnect channel for violation.”The intent of the legislature is that media trial should be precluded”, he said based on these statutory provisions. Chinoy bemoaned that the Union Ministry of Information and Broadcasting did not take any action against the “sustained campaign” and “planned propaganda” unleashed by the media for months following the death of Sushant Singh Rajput. This is despite the fact that the Ministry has an Electronic Media Monitoring Centre(EMCC), which claims to monitor the content of TV channels 24*7, he submitted.”The Government has not taken any action over the past three months on the media trial(in SSRCase). Is this called the ‘robust system’? If they had acted, we would not have come here. Having a framework is not enough. Either the authorities are not aware of its content or are abdicating their powers”.Chinoy clarified that he was not saying that media should not report or criticize. But to enter into judgments of guilt before trial is beyond the function of the media, he said.”Inform, criticize, but do not judge. That is not your job”, he submitted.”Why the Government did not act when there was prejudging, when media was carrying out virtual media trial, calling for arrest of so and so? There was complete silence. Govt should have sent a message across”, he added.His next level of submission was that when there is a failure of a government body to exercise its statutory functions, the High Court can step in to issue necessary directions and guidelines. To support this proposition, he referred to the 2009 judgment In Re: Destruction of Public & Private Properties.”When the statutes are silent on a particular subject & the authority implementing the same has constitutional or statutory power to implement it, the court can necessarily issue directions or orders on the said subject to fill the vacuum or void till the suitable law is enacted”, he quoted from that judgment.”No one has done anything for months. There is a duty cast on the government to take proactive action when there is a violation”, he said in conclusion.Following Chinoy’s submissions, the bench observed that the media should not exceed its boundaries and that the court was mulling guidelines(Separate story on that may be read here).’We Would Like Media Not To Cross Boundaries’: Bombay High Court Mulls Guidelines For Reporting On InvestigationReports about previous hearings may be read below :’Asking Public About Who To Be Arrested Is Investigative Journalism?’ Bombay HC Asks Republic TV In SSR Media Trial Case’If You Become Investigator, Prosecutor & Judge, Why Are We Here?’ Bombay HC Expresses Concerns Over Media TrialMedia Highly Polarized Now; Journalists Were Responsible & Neutral In Past, Bombay High Court Says While Hearing SSR Media Trial Case’Self-Regulation Of Media Has Failed’, Says Bombay HC In Plea Against ‘Media Trial’ In SSR Case Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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ColumnsPopulism Trumped: Moment Of Truth For Democracy Preetesh Kapur , Senior Advocate18 Nov 2020 12:32 AMShare This – xDemocracy today stands on an inflection point precariously poised on a path that forks towards oligarchy, riding on pandemical waves. And yet, the ballot still holds hope for the people to reclaim the fading political standards that must form the bedrock for the working of a constitutional democracy. Trump’s comical yet profoundly telling Freudian slip a few weeks ago, calling for…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?LoginDemocracy today stands on an inflection point precariously poised on a path that forks towards oligarchy, riding on pandemical waves. And yet, the ballot still holds hope for the people to reclaim the fading political standards that must form the bedrock for the working of a constitutional democracy. Trump’s comical yet profoundly telling Freudian slip a few weeks ago, calling for herd “mentality” instead of herd “immunity”, essentially betrayed the political philosophy behind rabble rousing populism, preying on deep seated insecurities and frailties of the human mind. The mantra is simple : Create different herds amongst the voters and prey on the seductive instinct of self preservation so that the individual feels compelled to trot along with their ‘own’ herd. To say democracy thrives in the power of a vote is a myth if we live in an age of oligarchic manipulation of this intrinsic herd mentality of the voter. To say that a voter has a choice would be a naive consolation in an era of floundering opposition. To say that governments are truly accountable to the people despite destruction of the independence of institutions, is the illusion that every majoritarian government would happily sell. One had hoped that the American populace expressed an outright repudiation of the politics of demagoguery with the power of their ballot. The popular vote of the American people may have been a rejection of the politics of falsehood and divisive propaganda. Yet, the extensive vote in favour of ‘Trumpism’ ominously hangs like a sword on the world stage for populist leaders to emulate; the cul-de-sac that begins with the arrogation of patriotism. Whether it was the lack of insight or the lack of choice that led the American people to this fractured verdict, is a question that shall haunt them for a long time. But the deep chasm within the American society was never more evident in recent times than through this pandemic ridden election. And an acutely significant factor responsible for this vitriolic divide, is the utter lack of impartiality in the electronic media. Different networks reflected a distinctly bitter bias whether for or against Trump, leaving the uninitiated wondering if in fact they were narrating tales of the same candidates. Across the globe, the destruction of independence of institutions and odious polarisation of media has brought Democracy itself on the edge of Oligarchy. World over the distinction between news and propaganda seems to be stealthily fading into the past. Our own Supreme Court has nonetheless recognised that the factum of air waves being public property, places the added obligation on broadcast media of ensuring a genuine plurality of ideas and opinions so that the ordinary voter can make an informed choice.[i] The oversimplification of a democracy as a “government of, by and for the people”, and the reductive synonymisation over time of ‘people’ with ‘majority’, has unwittingly laid seeds of blind majoritarianism. Constitutional democracy on the other hand is quite far from mere governance by majority. Constitutional democracy entails governance within the bounds of individual rights & liberties, zealous protection of independence of the myriad institutions that work this democracy as well as accountability of policymaking within the limits placed by the Constitution. “Social democracy means a way of life which recognises the trinity of liberty, equality and fraternity as principles of life”.[ii] It is for this reason that the Constitution places the momentous task of holding the elected to account in the hands of Constitutional Courts. Though the desirability of policy may be judged only by the court of the electorate, the constitutionality of every governmental action is to be weighed by a Constitutional court and is the fundamental check on power. Happily, these geopolitical parallels between the world’s oldest and the largest democracies go no further. The fact that our history has never witnessed such blatant clinging to power despite an electoral loss, is a poetic tribute to the maturity of our democracy. Trump had been brazen enough to admit that the seat left vacant as a result of the death of Justice Ruth Ginsburg was filled in undue haste so as to select a person with leanings towards his dispensation. But he ought to have been reminded that on donning judicial robes all leanings of the past are to be sacrificed at the altar of the constitutional oath. A fiercely independent judiciary is the very soul of constitutional values. In the unerring words of Chief Justice Das : “The heart and core of a democracy lies in the judicial process, and that means independent and fearless Judges free from executive control brought up in judicial traditions and trained to judicial ways of working and thinking. The main bulwarks of liberty and freedom lie there..”[iii] For the sake of the American people, indeed for the sake of Democracy itself, it is hoped that their Supreme Court, the last bastion in any Constitutional democracy, takes a truly independent view of this ugly controversy, were the question of transition of power to ultimately knock on the doors of their apex court.Views are personal. (The author is a Senior Advocate at the Supreme Court of India) [i] Secy., Ministry of Information & Broadcasting, Govt. of India v. Cricket Assn. of Bengal, (1995) 2 SCC 161 [ii] Dalmia Cement (Bharat) Ltd. v. Union of India, (1996) 10 SCC 104, at page 117 [iii] Bidi Supply Co. v. Union of India, 1956 SCR 267 Next Story
News UpdatesAll NCLT Benches To Resume Regular Hearings On Pre-Lockdown Pattern Via Video Conferencing From Dec 1; Benches Notified LIVELAW NEWS NETWORK25 Nov 2020 7:32 AMShare This – xThe National Company Law Tribunal (NCLT) has re-constituted all its Benches to enable regular hearing through Video Conferencing from December 1, 2020. As per an order issued on Wednesday, the Benches shall hear the matters of their respective jurisdiction as they were hearing before lockdown (before 23 March 2020). All matters including pending before lockdown and filed during…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 National Company Law Tribunal (NCLT) has re-constituted all its Benches to enable regular hearing through Video Conferencing from December 1, 2020. As per an order issued on Wednesday, the Benches shall hear the matters of their respective jurisdiction as they were hearing before lockdown (before 23 March 2020). All matters including pending before lockdown and filed during the lockdown shall be heard regularly on all working days. At the Principal Bench in New Delhi, three Division Benches shall sit on Monday, Tuesday and Wednesday and two Division Benches will conduct hearings on Thursday and Friday. Further, a Principal Bench comprised of Acting President BSV Prakash Sharma and Technical Member Hemant Kumar Sarangi will function on all working days. Details pertaining to sitting of Benches at other cities are mentioned in the Order copy annexed below: Click Here To Download Order Read OrderNext Story
Top StoriesPeriya Double Murder-Supreme Court Dismisses Kerala Govt’s Plea Against Further Investigation By CBI Mehal Jain1 Dec 2020 6:17 AMShare This – xThe Supreme Court on Tuesday dismissed Kerala Government’s plea against the decision of the Kerala High Court to transfer the further investigation in the Periya double murder case to the CBI.The State came in appeal against the judgment of the High Court of Kerala directing CBI investigation into the twin murders of Kripesh and Sarath Lal, who were members of the Congress party.They…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 Supreme Court on Tuesday dismissed Kerala Government’s plea against the decision of the Kerala High Court to transfer the further investigation in the Periya double murder case to the CBI.The State came in appeal against the judgment of the High Court of Kerala directing CBI investigation into the twin murders of Kripesh and Sarath Lal, who were members of the Congress party.They were hacked to death on February 17, 2019 at Periya, Kasargod district. The parents of the slain youth had approached the High Court seeking CBI probe alleging that the police investigation was being sabotaged at the instance of party workers of the CPI(M).On October 3, 2019, a single bench of Justice B Sudheendra Kumar directed CBI investigation, after terming the probe by the crime branch of state police to be a “sham”.The single bench also set aside the final report filed in May 20 arraying 10 CPM workers as the accused. The state appealed against the verdict before the division bench.On August 25, 2020, a division bench of Chief Justice S Manikumar and Justice C T Ravikumar upheld the direction for CBI investigation. The division bench held that “serious slackness and incompleteness” have occurred in the investigation resulting in the case which had direct evidence to be weakened by one resting on circumstantial evidence.”Taking note of the serious slackness and incompleteness that occurred in the matter of investigation which if investigated seriously, some times would have turned this case now rests on circumstantial evidence, to a case of a direct evidence tends us to think that to instill confidence and also to do justice to the parties it is only proper in the said circumstances to transfer the investigation to CBI. That has already been ordered by the writ Court. Hence, it is upheld”.Perusing the detailed analysis of the High Court, upon which it arrived at the conclusion that the investigation by the local police was not fair, the bench headed by Justice L. Nageswara Rao, ruled that the High Court was right in transferring the investigation to the Central probe agency, “to instill confidence in the minds of the writ petitioners and the public in general and to ensure that the investigation is done in a fair and impartial manner”.’We will not enter into the merits of the case as that would have an adverse effect on the trial. We are convinced by the reasons of the High Court for transferring the investigation to the CBI. We make it clear that by a mere transfer of the investigation, either the impartiality or the competence of the state police hase not been found to be deficient”, observed the bench.”As the CBI has already commenced the investigation has sought the records of the case to be furnished, we direct the state police to do the needful”, the bench further directed.”We have perused the paragraphs in the impugned judgement where Mr. Maninder Singh, Senior Advocate for the state of Kerala, submits that adverse remarks against the state have been made. We are not in agreement with Mr. Singh that anything adverse, against either the state or its investigation agency, is expressed”, said the bench, dismissing the SLP.The bench had earlier observed that it shall interfere in the transfer of the probe to the CBI only if the agency has not made substantial progress. Mr Singh on Tuesday drew the bench’s attention to the judgment of September 30, 2019 of the single bench of the Kerala High Court- “The chargesheet of the SIT of the state was rejected and inquiry was directed by the CBI. Adverse observations were made against the state government. The Single Judge had called it a political murder, saying that this is a conspiracy by the party in power i.e. the CPI(M)”.Next, Mr Singh indicated the statement made by the standing counsel for the CBI before the Division Bench of the Kerala High Court on November 16, 2019, on which date the bench had reserved its judgement on the writ appeal against the ruling of the Single Judge- “The bench had asked the standing counsel for the CBI, Mr. S. Ajithkumar, ‘Have you commenced the investigation after the order of the Single Bench’. I myself was present in court at that time. The CBI counsel had stated that while the CBI has re-registered the FIR as RC, it has not commenced any investigation. The Division Bench then said, ‘Hold your hand until we decide this matter'”He further indicated an order passed by a Single Bench of the High Court on a bail application of three accused in the case on August 25 this year, on the same date when the impugned judgment of the Division Bench was pronounced. “It is recorded in the order that the CBI standing counsel had again said that while the CBI has taken over the investigation and re-registered the case, in view of the oral direction of the division bench it has so far not commenced any investigation”, argued Mr. Singh.Mr Singh indicated the three grounds based on which the single bench of the High Court had made observations against the state and directed the transfer of the probe to the CBI. “Firstly, it was of the view that some witnesses should have been made accused. Secondly, the single bench had found a discrepancy between the statement of the IO on his affidavit and subsequently, in the final report of the SIT of 21 senior members. The division bench did finally say that since the final report was before the court, that was what was to be considered. And then there was the view that the weapons had not been not recovered and that there is a discrepancy as to whether it was a sharp weapon which had caused the injury. All these three points on the basis of which the single bench had set aside the chargesheet of the state and had ordered CBI enquiry were in turn set aside by the division bench”, urged Mr. Singh.”Now, please see the grounds on which the necessity for further investigation by the CBI was felt by the division bench. Please see if it meets the requirements of the ‘rarest of the rare’ case. The first point is that the case diary did not reveal any serious investigation and disclosed mostly circumstantial evidence. Secondly, the IO who was required to file the affidavit under the single bench’s direction had stated that one of the Complainant Witnesses was not trustworthy. The court felt that the IO was not justified in taking such a stand. The trustworthiness is for the court to decide. And thirdly, some witnesses had said that while the CCTV had been placed in the area, there had been no serious investigation of the CCTV footage”, narrated Mr. Singh.”From A1 to A11, all are there. Some of them had even confessed that all the weapons had been recovered. The challan was filed in 90 days and there were no bail applications. Immediately after the incident, all the accused were arrested. The one who was absconding was also arrested in May”, he advanced.”If this is to be the test for the ‘rarest of the rare’ case for transfer of the investigation to the CBI, it will be a serious dent on the federal structure of the Constitution, as also the Delhi Special Police Establishment Act, which requires the consent of the state for such a transfer. The High Court itself has said that a perfect investigation, in our system, where there is no such slackness, is impossible to achieve. In view of the nature of functioning of the police and the law and order in our country, where detection is one wing and control of the law and order is another wing, it is impossible”, contended Mr. Singh.”If any further investigation was to be directed, in view of any slackness or perceived incompleteness of investigation, it would be the subject of section 156 (Cr.P.C.) before the magistrate, and not under 226 before the High Court”, he advanced.”It has been held in several judgements of this court that the CBI may not undertake inquiry in IPC matters on its own. However, they said before the High Court that they are ready to take over the investigation. Today also there is a lot of eagerness on their part to take up the inquiry”, he urged.”There was a letter which the Kerala police wrote to the CBI averring that the case file is not required to be handed over to the CBI in view of the oral direction of the division bench. If they were only required to disclose if there has been substantial investigation or whether or not there was a stay by the High Court, where was the occasion to file a status report in sealed cover? Your Lordships may peruse the sealed cover, but it cannot override the record of the single judge in his order”, pressed Mr. Singh.At this point, SG Tushar Mehta appearing for the CBI interjected that “the oral allegation that the CBI is in anyway interested in the matter is uncalled for”. “Your Lordships are aware, as is my learned friend, that any such contentions are always to be made on affidavit if there is material present to back them. Loose allegations of such sort do not prejudice the court. The only reason the status report was filed in a sealed cover is because it may have been felt that it should not be made available to the accused. There is nothing confidential or secret in it. I have no difficulty in opening the report right now or sharing it with Mr Singh”, he argued.”The division bench had said that while the chargesheet remains, the CBI has to conduct further investigation on account of certain lacunae. The single bench and the division bench concurred on the point of the lacunae. After August 25, we registered a FIR are was directed by the Kerala High Court. From 25th August to 26th of August, we wrote letters to the SP, Kannur to handover the original files. We were not given the material, even though there had been no stay. On September 8, we again wrote to the ADG of Kerala police to give us the papers. We told him that we have examined the complainant and the father of the deceased and that we could not proceed because the state police has chosen to stay the investigation itself. Subsequently, on September 12, we wrote to the DG again asking for the records. Nothing was done. After 15 days, we issued notice under section 91 to the IO for non-compliance of the order of the division bench to give us the case files. Further investigation could not be conducted because the record was not parted with. It is to be seen whether such conduct can be countenance or not”, he continued.”I have seen the files and I can say that independent investigation, other than that of the local police, into the case is needed. We have recorded the statements of the father of the deceased and the complainant”, submitted the SG.Thereupon, Mr Singh still urged that except for the registration of the FIR and the recording of the statements of the petitioners before the High Court, which he said was virtually the writ petition itself, no further progress had been made.Mr Singh also contended that before the High Court, the statement of the state government as regards the jurisdiction under Article 226 to order further investigation by the CBI had been recorded. The bench finally dismissed the SLP, agreeing to Mr. Singh’s submission to employ the terminology “further investigation”, in place of “investigation”, so far as the CBI is concerned.Next Story
Top StoriesGood & Bad : 65 Important Supreme Court Judgments Of 2020 LIVELAW NEWS NETWORK20 Dec 2020 11:26 PMShare This – xJudgments of Supreme Court 2020Judgments of Supreme Court 2020:In the COVID-19 infected year of 2020, the Supreme Court went through unprecedented experiences, with video conferencing and e-filing substituting physical hearings and filings.Even with virtual functioning, the Supreme Court delivered several important judgments and settled several prominent questions of law. Here is a list of 65 important judgments of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginJudgments of Supreme Court 2020:In the COVID-19 infected year of 2020, the Supreme Court went through unprecedented experiences, with video conferencing and e-filing substituting physical hearings and filings.Even with virtual functioning, the Supreme Court delivered several important judgments and settled several prominent questions of law. Here is a list of 65 important judgments of 2020, including the verdicts which have come under severe criticism.The arrangement of the judgments in the list is mostly in the order of chronology and the same is not indicative of their relative importance.1. Kashmir Lockdown and Internet Shutdown : Anuradha Bhasin v Union of IndiaOn January 10, a three-judge bench comprising Justices N V Ramana, Surya Kant, and B R Gavai delivered the judgment on a batch of petitions which challenged the legality of the curfew orders and internet shutdown imposed in Jammu and Kashmir in the wake of the abrogation of the special status of the state in August 2019.A significant take away from the judgment is its declaration that freedom of speech and expression and also freedom of trade and commerce through the medium of the internet are constitutionally protected rights under Articles 19(1)(a) and Articles 19(1)(g), respectivelyThe Court said: “We declare that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g)”. The Court observed that indefinite suspension of internet is not permissible and that repeated orders under Section 144 CrPC will amount to abuse of power. The Court also added that the Government should publish all orders of restrictions, and should follow the principles of proportionality to adopt less restrictive measures.The Court observed that the power under Section 144 of the Criminal Procedure cannot be used as a tool to prevent the legitimate expression of opinion or grievance or exercise of any democratic rights. The Court said that provisions of Section 144, Cr.P.C. will only be applicable in a situation of emergency and for the purpose of preventing obstruction and annoyance or injury to any person lawfully employed.While the judgment is laudable for its reaffirmation of the principles of proportionality, its caution against arbitrary use of Section 144 to curb dissent and its recognition of internet as a medium to exercise fundamental right to free speech and trade and commerce, the Court stopped short of giving a ruling of the legality of the prohibitory orders passed by the administration. The judgment remained as a restatement of principle without tangible relief to the petitioners. It directed the Jammu and Kashmir administration to review all orders of restrictions imposed in the state post the abrogation of the state’s special status within a week.Reports about the judgment :Freedoms Of Speech & Expression, Trade & Commerce Through Medium Of Internet Are Constitutionally Protected : SC In Kashmir Case [Read Judgment]Section 144 CrPC Cannot Be Used As A Tool To Prevent Legitimate Expression Of Opinion: SC [Read Judgment]2. Anticipatory Bail Cannot Be Limited To A Fixed Period Except In Special And Peculiar Circumstances : Sushila Aggarwal & Ors. v. State (NCT of Delhi) & Anr.On January 29, a constitution bench of the the Supreme Court held that anticipatory bail should not invariably be limited to a fixed period. But if there are any special or peculiar features necessitating the court to limit the tenure of anticipatory bail, it is open for it to do so, the five-judge bench headed by Justice Arun Mishra has held. Justices MR Shah and Justice S. Ravindra Bhat penned separate judgments agreeing with each other. Justices Arun Mishra, Indira Banerjee and Vineet Saran concurred with the conclusion reached by both the judges. The Court also held that life or duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed but can continue till the end of the trial except in special and peculiar cases.Other reports about the judgment: Rights Cherished By Citizens Are Fundamental, Not The RestrictionsAccused Released On Anticipatory Bail Need Not Surrender And Seek Regular Bail For Recovery Under Section 27 Evidence ActThe Constitution Bench also discussed in the judgment the impact of recovery under Section 27 of the Indian Evidence Act on the bail granted. In this regard, the bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M R Shah and Ravindra Bhat in the case Sushila Aggarwal and others v State of NCT of Delhi and others largely reaffirmed the principles laid down in the case Shri Gurbaksh Singh Sibbia and others v. State of Punjab (1980) 2 SCC 565.3. ‘No Absolute Right Of Appointment For Minority Educational Institutions’ : Supreme Court Upholds WB Madrasah Service Commission ActThe Supreme Court has upheld the constitutionality of West Bengal Madrasah Service Commission Act 2008 observing that there is no absolute and unqualified right of appointment for minority educational institutions.A bench of Justices Arun Mishra and U U Lalit delivered the verdict on Monday in the case SK Md Raffique v Managing Committee, Contai Rehmania High Madrasah and others.The case concerned the validity of West Bengal Madrasah Service Commission Act 2008, which constituted a commission to appoint teachers in madrasas.Later, a writ petition was filed against this verdict contending that it was contrary to the judgment of a 3-judge bench in Chandana Das (Malakar) v. State of West Bengal, passed on September 25, 2019, on minority rights. In Chandana Das case, the bench comprising Justice RF Nariman, Justice R.Subhash Reddy and Justice Surya Kant had held that the fundamental right of Minorities under Article 30 of the Constitution of India to administer educational institutions “cannot be waived”. On January 30, a bench headed by the CJI issued notice on the writ petition which sought reference of the issue to a larger bench.4. JJ Act: Offences Prescribing Max Sentence Of More Than 7 Years But Not Providing Minimum Sentence Are Not ‘Heinous Offences’, But ‘Serious Offences’: Shilpa Mittal v State of NCT of Delhi and AnotherThe Supreme Court has observed that an offence prescribing a maximum sentence of more than 7 years imprisonment but not providing any minimum sentence, or providing a minimum sentence of less than 7 years, cannot be considered to be a ‘heinous offence’ within the meaning of Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Invoking Article 142 of the Constitution, the bench of Justice Deepak Gupta and Justice Aniruddha Bose held that category of offences viz., offence where the maximum sentence is more than 7 years imprisonment, but no minimum sentence or minimum sentence of less than 7 years is provided, shall be treated as ‘serious offences’ within the meaning of the Act.5. Speaker Should Decide On Disqualification Within 3 Months; Impartial Tribunal Needed Under 10th Schedule [Keisham Meghachandra Singh v. The Hon’ble Speaker Manipur Legislative Assembly & Ors.]The Supreme Court has held that Speaker of the Legislative Assembly should decide on a petition seeking disqualification of a member under Tenth Schedule of the Constitution within a period of three months, in the absence of exceptional reasons. Highlighting the importance of taking a decision within a reasonable time, the SC said ,”The Speaker, in acting as a Tribunal under the Tenth Schedule, is bound to decide disqualification petitions within a reasonable period…a period of three months from the date on which the petition is filed is the outer limit within which disqualification petitions filed before the Speaker must be decided if the constitutional objective of disqualifying persons who have infracted the Tenth Schedule is to be adhered to.” This was held by a bench comprising Justices R F Nariman, Aniruddha Bose and V Ramasubramanian in a case relating to alleged defection in Manipur assembly.As a sequel to this order, the Supreme Court in March restrained Manipur BJP minister Thounaojam Shyamkumar from entering the Legislative Assembly till further orders. The Court also declared that he will cease to be a Minister. This extraordinary order was passed by the becnh headed by Justice Nariman after noting that the Speaker failed to decide on the disqualification petition against Shyamkumar within the time period stipulated in the earlier order.6. Validity of SC/ST Amendment Act 2018 upheld – Prathvi Raj Chouhan vs Union of IndiaOn February 10, the Supreme Court upheld the constitutional validity of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018, which was enacted to nullify the effects of the March 20, 2018 judgment of the SC which had diluted the provisions of the Act.Also in this judgment : Section 438 (Anticipatory Bail) Has No Application To Cases Under SC/ST Act Except When There Is No Prima Facie Case Is Made Out ‘Fraternity Assures True Equality; Articles 15, 17 & 24 Seek To Achieve This Ideal’ : Justice Ravindra Bhat In SC/ST Verdict 7. A Child In Conflict With Law Cannot Be Kept In Jail Or Police Lockup Under Any Circumstance: SCA division bench comprising Justices Deepak Gupta and Aniruddha Bose observed in the suo moto case In re Exploitation of Children in Orphanages in State of Tamil Nadu as follows :”We make it clear that the Juvenile Justice Boards are not meant to be silent spectators and pass orders only when a matter comes before them. They can take note of the factual situation if it comes to the knowledge of the JJBs that a child has been detained in prison or police lock up. It is the duty of the JJBs to ensure that the child is immediately granted bail or sent to an observation home or a place of safety. The Act cannot be flouted by anybody, least of all the police”.8. SC Directs Political Parties To Publish Criminal Antecedents Of Candidates In LS & Assembly Polls : Rambabu Singh Thakur vs Sunil Arora and othersTaking note of “alarming” rise of criminalization of politics, the Supreme Court directed that all political parties to publish the details of criminal antecedents of their candidates in the Lok Sabha and Assembly polls within 48 hours of selection of the candidate or within two weeks of nomination, whichever is earlier.The information should be published in local newspapers, and uploaded in official websites and social media handles of the parties. Information should contain the nature of crime and stage of trial/investigation. A bench comprising Justices R F Nariman and S Ravindra Bhat passed the order.Another report about the judgment : Supreme Court’s Six Mandatory Directions To Political Parties To End Criminalisation Of Politics[Read Judgment]9. Permanent commission for women in Navy and ArmyIn a significant judgment on gender equality, the Supreme Court on February 17 directed that Permanent Commission should be granted to women in the army regardless of their service, in all the ten streams where the Union Government has already taken a decision to grant Short Service Commission to women. The Court also held that absolute exclusion of women from command assignments is against Article 14 of the Constitution and unjustified. Therefore, the policy that women will be given only “staff appointments” was held to be unenforceable by the Court.This was held by a bench comprising Justices DY Chandrachud and Ajay Rastogi in the case The Secretary, Ministry of Defence v Babita Puniya and others.Later in March, in another judgment, the court held that women officers in Navy are also entitled to Permanent Commission at par with men(Union of India v Lt Cdr Annie Nagaraja).Other reports about the judgment : Notion That Women Are ‘Weaker Sex’ Constitutionally Flawed: SC Calls For Change In Mindset Women In Army : How SC Rejected Centre’s Arguments Based On ‘Sex Stereotypes’?10. Land acquisition : No Lapse Of Proceedings Under Old Act If Compensation Is Deposited In Treasury ; SC 5-Judge Bench Upholds Indore Development Authority DecisionIn a highly debatable judgment, a 5-judge bench of the Supreme Court on Friday held that proceedings under the Land Acquisition Act 1894 will not lapse if the compensation has been tendered by deposit in treasury(Indore Development Authority v Manoharlal and others etc).The Court held that land owners cannot insist that the amount should be deposited in Court so as to sustain the land acquisition proceedings under the old Act on the commencement of the new land acquisition law with effect from January 1, 2014.The bench has affirmed the view in the 2018 Indore Development Authority case, overruling the 2014 judgment in Pune Municipal Corporation case. A bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M R Shah and Ravindra Bhat had heard the matter.The bench read ‘or’ in Section 24(2) of the RFCTLARR Act as ‘and’ to hold that the twin conditions of failure to pay compensation and also to take possession must cumulatively happen for the acquisition proceedings under the old land acquisition law to lapse.[Land Acquisition] Why SC Read ‘OR’ In Sec 24(2) As ‘AND’/’NOR’ In Indore Development Authority Case?Land Acquisition Judgment : Puzzling Questions Left By A Strained Interpretation 11.Nirbhaya Case : SC Dismisses Final Plea Of Convicts To Stay Execution After Past Midnight Hearing Hours before the scheduled execution on March 20, the convicts in the Nirbhaya case knocked the doors of the Supreme Court past midnight, hoping for a last minute judicial intervention to extend their lives. But the last ditch effort of the convicts met with no success, as the bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna dismissed the plea, after a special sitting which commenced at around 2.45 AM.At about 3.30 AM, the bench dictated the order dismissing the writ petition filed on behalf of convict Pawan Kumar Gupta, challenging the rejection of his mercy petition by the President. The Court held that the scope of judicial review over the President’s exercise of clemency power was extremely narrow.Two hours later, the convicts were hanged to death at 5.30AM at Tihar jail.12. SC Extends Limitation For Filing In All Courts/Tribunals With Effect From March 15 Until Further Orders On Account of COVID19With the objective of reducing physical filings in courts and tribunals across the countries during the COVID-19 pandemic, the Supreme Court on Monday passed a general order extending the limitation, whether condonable or not, with effect from March 15, until further orders. “To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings”, ordered the bench comprising CJI S A Bobde, Justices L Nageshwara Rao and Surya Kant.Case : Suo Moto Writ Petition In Re : Cognizance For Extension of LimitationLater, on September 19, clarifying its 23 March order, the Bench of CJI SA Bobde, Justices AS Bopanna and V. Ramasubramanian observed that the said order extended only “the period of limitation” and not the period upto which delay can be condoned in exercise of discretion conferred by the statute. The Court held that the expression “prescribed period” appearing in Section 4 of the Limitation Act cannot be construed to mean anything other than the period of limitation.SC Order Extending Limitation Period Does Not Enlarge The Period Upto Which Delay Can Be Condoned In Exercise Of Statutory Discretion: SC [Read Judgment] 13. Supreme Court Directs States/UTs To Consider Granting Parole To Prisoners In Lesser Offences To De-Congest Prisons To avoid overcrowding in prisons in the wake of COVID pandemic, the Supreme Court on Monday directed all states and Union Territories to set up high level committees to determine class of prisoners who could be released on parole for four to six weeks A bench headed by Chief Justice S A Bobde observed that the prisoners convicted of or charged with offences having jail term of up to seven years can be given parole to decongest jails.Case : Suo Moto Writ Petition In Re: Contagion of COVID 19 Virus in Prisons Similar directions were issued by another bench to reduce the congestion in child care institutions and juvenile homes.14. ‘Ex Post Facto’ Environmental Clearance Unsustainable In Law A division bench comprising Justices D Y Chandrachud and Ajay Rastogi reiterated that the concept of ‘ex post facto’ Environmental Clearance (EC) is against the fundamental principles of environmental jurisprudence. “…environment law cannot countenance the notion of an ex post facto clearance. This would be contrary to both the precautionary principle as well as the need for sustainable development”, the court reiterated in light of the observations made in Common Cause v. Union of India. (Case: Alembic Pharmaceuticals Ltd. v. Rohit Prajapati & Ors.)15. Supreme Court Quashes RBI Ban On Banking Services To Cryptocurrency DealersIn a significant judgment, the Supreme Court lifted the curbs imposed by the Reserve Bank of India on regulated entities such as banks and NBFCs from dealing with virtual currencies and from providing services to crypto businesses.The Court held that the RBI’s circular, which prevented regulated entities from providing banking services to those engaged in the trading or facilitating the trading in VCs, was liable to be set aside on the “ground of proportionality”.”When the consistent stand of RBI is that they have not banned VCs and when the Government of India is unable to take a call despite several committees coming up with several proposals including two draft bills, both of which advocated exactly opposite positions, it is not possible for us to hold that the impugned measure is proportionate”, the Court observed.The case (Internet and Mobile Association of India vs Reserve Bank of India) was heard by a three judge bench comprising Justices R F Nariman, Aniruddha Bose and V Ramasubramanian.Cryptocurrencies Capable Of Performing Most Functions Of Real Money Though Not Legal Tender : SC16. [COVID-19] Supreme Court Issues Slew Of Directions To Implement Video Conferencing In All Courts Across The CountryHighlighting the immense need to observe social distancing alongside unhindered access to justice, a bench comprising Chief Justice S A Bobde, Justices D Y Chandrachud and L Nageswara Rao issued a slew of directions in order to streamline the functioning of courts via video conferencing.(Case: In Re: Guidelines For Court Functioning Through Video Conferencing During Covid-19 Pandemic)17.Governor Can Direct Floor Test Even While House Is In Session : Supreme Court Approves MP Governor’s Decision While hearing a petition filed by Shivraj Singh Chouhan and other BJP leaders seeking immediate floor test in the MP assembly following the resignation of 22 Congress MLAs, the bench comprising Justices D Y Chandrachud and Hemant Gupta held that a Governor can direct floor test even while house is in session. The Court therefore affirmed its order passed on May 19 to hold floor test in the MP assembly for proving the majority of the previous government led by Kamal Nath. (Case: Shivraj Singh Chouhan & Ors. v. Speaker Madhya Pradesh Legislative Assembly & Ors.) Also Read: Governor’s Power Not Intended To Displace Democratically Elected Government; Must Be Circumspect In Demanding Trust Vote : SC Also Read: Law Has To Evolve To Address Poaching Of Legislators : SC18. Free COVID-19 Testing Only For Persons Under Ayushman Bharat Scheme And EWS Categories; Supreme Court Allows Private Labs To Charge Others In modification of its previous order directing free testing for COVID-19 in both government and private laboratories, the SC bench comprising of Justices Ashok Bhushan and S Ravindra Bhat directed that- free testing will be available to persons eligible under Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana as already implemented by the Government of India, and any other category of economically weaker sections of the society as notified by the Government for free testing for COVID-19. (Case: Shashank Deo Sudhi v. Union of India & Ors.) Also Read: “Don’t Create Publicity Interest Litigations” SC In Plea Seeking Free Treatment For COVID19 Patients Also Read: SC Dismisses PIL Seeking GST Exemption For Face Masks & Sanitizers19.100% ST Reservations For Teacher Posts In Scheduled Areas Unconstitutional: SC A Constitution bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah and Aniruddha Bose held that 100 per cent reservation of teachers belonging to the Scheduled Tribe category at schools situated in “Scheduled Ares” is constitutionally invalid. The Bench also quashed the Government order issued under the hand of Governor of State of Andhra Pradesh which had affirmed absolute reservation for ST teachers and imposed costs on both Andhra Pradesh & Telangana Government’s, seeking reasons from the Government’s for breaching the 50% ceiling in reservations. (Case: Chebrolu Leela Prasad Rao & Ors. v. State of A.P. & Ors.) Also Read: [100% Reservation Unreasonable] Questions Referred And Answers Given By Constitution Bench Also Read: Affluent & Advanced Within SC/ST Not Permitting Reservation Benefits Trickle Down To Needy : SC Calls For List Revision20. NDPS – Quantity Of Neutral Substances In Mixture Must Be Taken Into Account With Actual Drug Weight To Determine ‘Small Or Commercial Quantity’ : SC While overruling an earlier 2008 decision titled E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau, bench of Justices Arun Mishra, Indira Banerjee and M R Shah held that the quantity of neutral substances in a mixture containing narcotic drugs or psychotropic substances must be taken into account along with the actual weight of the offending drug while determining ‘small or commercial quantity’ under the NDPS Act. (Case: Hira Singh & Anr. v. Union of India & Anr.)21.Deemed University Covered Under Prevention Of Corruption Act : SC Supreme Court held that a ‘deemed university’ will come under the ambit of Prevention of Corruption Act, 1988. Bench of Justices N V Ramana, Mohan M Shantanagoudar and Ajay Rastogi set aside a judgment of the High Court of Gujarat, which had allowed the discharge of trustees of a deemed university, from prosecution in a corruption case. The Apex Court observed that the High Court was in fact incorrect in holding that a “Deemed University” is excluded from the ambit of the term “University” under Section 2(c)(xi) of the Prevention of Corruption Act. (Case: State of Gujarat v. Mansukhbhai Kanjibhai Shah)22.Article 30 Doesn’t Prevent State From Imposing Reasonable Regulations To Make Administration Of Minority Institutions Transparent : SC Supreme Court upheld the validity of National Eligibility Cum Entrance Test (NEET) for admissions to medical and dental courses. Bench of Justices Arun Mishra, Vineet Saran and M R Shah further re-stated principles governing minority educational institutions under Article 30 of the Constitution, noting that the right conferred on religious and linguistic minorities to administer educational institutions of their choice is not an “absolute right” and is not free of “regulation” from the State. (Case: Christian Medical College Vellore Association v. Union of India & Ors.)23.A Citizen Must Have Some Standing Or Knowledge Before Questioning Capability & Integrity Of A Judge: SC Holds 3 People Guilty of Contempt For Making Scandalous Allegations Against Judges The Supreme Court held that a citizen must have some standing or knowledge before questioning the capability of or integrity of a Judge of the Highest Court and cautioned that the right to criticize Judgments delivered by any court, including the Supreme Court, does not encompass the right to question the “bona fides” of a judge or to raise questions with regard to their competence. A bench of Justices Deepak Gupta and Aniruddha Bose made these observations while holding Vijay Kurle (State President, Maharashtra & Goa, Indian Bar Association), Rashid Khan Pathan (National Secretary, Human Rights Security Council) & Nilesh Ojha (National President, Indian Bar Association) guilty of contempt. (Case: In Re: Vijay Kurle & Ors.)24. SARFEASI Act Applicable To Cooperative Banks : Supreme Court Constitution Bench “The cooperative banks under the State legislation and multi State cooperative banks are ‘banks’ under section 2(1)(c) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002”, held the Constitution Bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose.The bench unanimously held that the Parliament had the legislative competence to bring cooperative banks under the ambit of SARFAESI Act.It thus rejected the argument that 2013 amendment to the SARFAESI Act adding ‘mutli-state cooperative bank’ in Section 2(1)(c)(iva) was a “colourable exercise of power”. It also upheld the 2003 notification issued under the Banking Regulation Act 1949 by which cooperative bank was brought within the class of banks entitled to seek recourse to the provisions of the SARFAESI Act.[Case: Pandurang Ganpati Chaugule and others V. Vishwasrao Patil Murgud Sahakari Bank Limited] Also Read: Cooperative Banks Must Comply With Banking Regulation Act And Other Laws Related To Banking: SC25.Sabarimala Reference: SC Gives Reasons For Holding That Questions Of Law Can Be Referred To Larger Bench In Review Order dated May 11, 2020 The Supreme Court passed an order detailing reasons for reference of questions of law, to a larger bench in a review petition. The 9-judge bench headed by Chief Justice SA Bobde had dismissed objections regarding the maintainability of reference in Sabarimala Review Petitions on February 10. On that occasion, the bench had stated that it will give reasons for the conclusion later. It has now given out the following reasons: Limitations in Order XLVII of the Supreme Court Rules are not applicable to Orders/Judgments in Writ Petitions;Reference can be made in a pending Review Petition;No matter is beyond Jurisdiction of Superior Court of Record;Article 142 justifies the Reference;Not necessary to refer to facts to decide pure questions of law;Article 145(3) Proviso that reference to a larger bench can be made only in Appeals and not in any other proceedings is not applicable to references made by a bench of five or more Judges. [Case: Kantararu Rajeevaru v. Indian Young Lawyers Association]26.Supreme Court Refuses To Pass Orders For 4G Restoration In J&K; Asks Special Committee To Examine Issues Raised By Petitioners Order dated May 11, 2020 The Supreme Court refused directed Constitution of Special Committee comprising secretaries of Union Ministries of Home Affairs and Chief Secretary of J&K to examine contentions raised in pleas seeking restoration of 4G internet in J&K. A bench of Justices NV Ramana, R. Subhash Reddy & B.R. Gavai observed that even though the Court recognized that the Union Territory had plunged into a crisis, and the court was cognizant to the concerns related to ongoing pandemic and hardships, there was a need to ensure that national security and human rights are balanced. [Case: Foundation for Media Professionals v. Union of India] Also Read: Better Internet Desirable During Pandemic Lockdown; But Can’t Ignore Terrorism Concerns : SC In J&K Pleas For 4G27. India’s Freedom Will Rest Safe As Long As Journalists Can Speak To Power Without Being Chilled By A Threat Of Reprisal: SC in Arnab Goswami’s case Order dated May 19, 2020 In a writ petition seeking quashing of FIRs filed by Republic TV Editor-in-Chief Arnab Goswami, the Supreme Court observed that to allow a journalist to be subjected to multiple complaints and to the pursuit of remedies traversing multiple states and jurisdictions when faced with successive FIRs and complaints bearing the same foundation, has a stifling effect on the exercise of his freedom. A bench of Justices DY Chandrachud and MR Shah further reiterated that decisions have held that the right of a journalist under Article 19(1)(a) is no higher than the right of the citizen to speak and express, but the society must never forget that one cannot exist without the other and free citizens cannot exist when the news media is chained to adhere to one position. The court therefore refused Goswami’s prayer to quash the FIR. It also declined to transfer the probe to CBI and said that the accused person does not have a choice in regard to the mode or manner in which the investigation should be carried out or in regard to the investigating agency. The dictum in the 2018 Bhima Koregaon case (Romila Thapar vs Union of India) was cited in this regard. [Case: Arnab Ranjan Goswami v. Union of India & Ors.] Also Read: SC Rejects Arnab Goswami’s Plea To Quash FIR By Maharashtra Police And Transfer Probe To CBI Also Read: Displeasure Of Accused About The Manner In Which Investigation Proceeds Not A Ground To Transfer Investigation To CBI: SC28.’Patent Illegality’ A Ground Available To Set Aside Domestic Arbitral Awards Made After 2015 Amendment : SC Order dated May 22, 2020 The Supreme Court observed that an arbitral award can be set aside under Section 34 of the Arbitration and Conciliation Act if it is patently illegal or perverse. A bench comprising Justices R. Banumathi, Indu Malhotra and Aniruddha Bose observed that ground of patent illegality is a ground available under the statute for setting aside a domestic award made after the 2015 amendment to the Arbitration and Conciliation Act. While confirming the High Court view, the Apex Court dealt with the history of ‘Patent illegality’ ground. It observed that such a ground for setting aside a domestic award was first expounded in the judgment of Saw Pipes Ltd. Later the ground of “patent illegality” for setting aside a domestic award has been given statutory force in Section 34(2A) of the 1996 Act, it noted [Case: Patel Engineering Ltd. v. North Easter Electric Power Corporation Ltd.(NEEPCO)]29.Suo Moto Extension Of Limitation Or Lockdown Will Not Affect Right Of Accused To Default Bail : SC Order dated June 19, 2020 The Supreme Court held that its suo motu order extending limitation and the lockdown restrictions of the government will not affect the right of an accused to seek default bail under Section 167(2) of the CrPC. Holding thus, a bench comprising Justices Ashok Bhushan, MR Shah and V Ramasubramanian set aside the judgment of a single bench of the Madras High Court in S Kasi v. State, which had held the time to file chargesheet under Section 167(2) CrPC will also get extended on account of the SC order extending limitation and the lockdown restrictions. The bench upheld the judgment of another single bench (of Justice G R Swaminathan) in the case Settu vs The State, which had held that SC order extending limitation did not affect right to default bail. [Case: S. Kasi v. State Thr. Inspector, PS Madurai] Also Read: Judicial Discipline Ordains That Coordinate Bench Cannot Take Contrary View; Can Only Refer To Larger Bench : SC 30.SC Nullifies Post-March 31 Sale Of BS-IV Vehicles ; Bars Registration Of Such Vehicles Order dated July 8, 2020 The Supreme Court recalled its March 27 order which allowed sale of 10% of unsold BS-IV vehicles for ten days after the lockdown, in areas except Delhi-NCR, after noting that the automobile dealers sold such vehicles during the lockdown in violation of the order. Following the recall of the order, a bench comprising Justices Arun Mishra, S. Abdul Nazeer & Indira Banerjee held that such vehicles sold during lockdown should not be treated as sold, and that the consideration received should be refunded to the purchasers. The Court also ordered that no such vehicle, sold after March 31, should be registered. [Case: MC Mehta v. Union of India]31.[Suo Motu Limitation Extension] SC Allows Service Through Instant Tele-Messenger Services Like Whatsapp, Email & Fax Order dated July 10, 2020 In a major development in terms of modes of service, a bench of Chief Justice SA Bobde, AS Bopanna & Subhash Reddy allowed service of summons & notices through instant tele-messenger services like Whatsapp as well as via email & fax. The order was passed after Court noticed the difficulty in visiting post offices amid the pandemic. The Court clarified that all methods are to be employed to prove a valid service on a party. [Read Report Here]32.Padmanabha Swamy Temple : SC Delegates Powers Of “Ruler Of Travancore” To Administrative Committee As Suggested By Ex-Royal FamilyWhile upholding the rights of the erstwhile Royal Family of Travancore as the shebait of Sree Padmanabha Swamy temple at Thiruvananthapuram, the Supreme Court also directed that the powers of ‘the Ruler of Travancore’ under the Travancore-Cochin Hindu Religious Institutions Act (TC Act) with respect to temple administration be delegated to the Administrative Committee constituted by the court.Notably, the proposals regarding the Administrative Committee and the delegation of powers to it came from the family itself. The Supreme Court upheld the rights of erstwhile royal family of Travancore in the administration of Sree Padmanabha Swamy temple at Thiruvananthapuram. Allowing the appeal filed by members of the Travancore family, a bench of Justices UU Lalit & Indu Malhotra reversed the finding of the High Court of Kerala that the rights of family ceased to exist with the death of the last ruler of the Travancore in 1991. The death of the last ruler will not result in escheat of the rights in favour of the government, the Court held. [Case: Sri Marthanda Varma & Anr. v. State Of Kerala & Ors.]33.Certificate Under Section 65B(4) Evidence Act Is A Condition Precedent To The Admissibility of Electronic Evidence: SCThe Supreme Court has held that the certificate required under Section 65B(4) is a condition precedent to the admissibility of evidence by way of electronic record.The bench headed by Justice RF Nariman further held that, in a fact-circumstance where the requisite certificate has been applied for from the person or the authority concerned, and the person or authority either refuses to give such certificate, or does not reply to such demand, the party asking for such certificate can apply to the Court for its production under the provisions aforementioned of the Evidence Act, CPC or CrPC.The bench has also clarified that that the required certificate under Section 65B(4) is unnecessary if the original document itself is produced. The court said that the judgment in Anvar P.V. v. P.K. Basheer & Ors. (2014) 10 SCC 473 need not be revisited, subject to the above clarifications.The bench also overruled the 2018 decision delivered by a 2-judge bench in the case Shafi Mohammad vs State of Himachal Pradesh.[Case: Arjun P. Khotkar v. Kailash K. Gorantyal & Ors.] Also Read :When A Person Refuses To Issue Certificate Under Section 65B(4) Of Evidence Act, Court Must Order Its Production :SC34. FCRA – Organizations Supporting Public Causes Without Political Affiliations Not Barred From Accepting Foreign Contributions : SCThe Supreme Court held that organizations supporting public causes without political affiliations are not banned from accepting foreign contributions in terms of the Foreign Contribution (Regulation) Act (FCRA) 2010 and Rules made thereunder.Case : Indian Social Action Forum v Union of India35. Supreme Court Passes Directions For Welfare Of Migrant Workers Who Lost Job Due To LockdownThe Supreme Court had come under a lot of criticism for its inaction on the plight of migrant workers during lockdown. The Court had summarily closed several PILs filed during March-April on migrants issue accepting the statements of Central Government.In the last week of May, the Court took suo moto cognizance of the migrant workers issue.Later, the Court passed a slew of directions to the Centre and States for smooth transportation of migrants back to their native places, for ensuring employment opportunities after their return etc.36.No Coercive Action Against Employers On MHA Order For Full Payment Of Wages : SCThe Supreme Court interfered with the order passed by the Ministry of Home Affairs on March 29 which had directed employers not to deduct wages of their employees during lockdown.The Court directed that no coercive action should be taken against employers for the violation of the MHA order.The Supreme Court batted for negotiations between establishments and workers on the full payment of wages, regardless of the direction issued by the Ministry of Home Affairs on March 29.”No industry can survive without the workers. Thus employers and employee need to negotiate and settle among themselves. If they are not able to settle it among themselves, they need to approach the concerned labour authorities to sort the issues out”, the order said.[Case : Ficus Pax Private Ltd v Union of India and others]37. Supreme Court Transfers Sushant Singh Rajput Death Case To CBIIn a highly debatable exercise of powers under Article 142 of the Constitution, a single bench of the Supreme Court, while exercising powers under Section 406 of the Code of Criminal Procedure, transferred the investigation of Sushant Singh Rajput death case to the CBI.A single bench of Justice Hrishikesh Roy ordered the transfer without finding any wrong doing by the Mumbai police. While stating that the steps so far taken by the Mumbai Police cannot be faulted, the Court said that investigation must be handed over to an “independent agency not controlled by either of the two-state governments” considering the apprehension of unfair investigation raised.[Case : Rhea Chakraborty v Union of India and others]38. Supreme Court Convicts Advocate Prashant Bhushan For Contempt Of Court For His Tweets Criticizing JudiciaryThe most criticized judgment of the Supreme Court in 2020 was its verdict holding Advocate Prashant Bhushan guilty of contempt of court for his tweets criticising judiciary. A bench comprising Justices Arun Mishra, BR Gavai and Krishna Murari formed the opinion that his tweets shook public confidence in judiciary and thererby amounted to scandalizing the court. The hearings in the case witnessed dramataic scenes when Prashant Bhushan refused to apologize and affirmed the views expressed in his tweets. He filed a detailed affidavit in the court explaining the reasons for his views. However, the judgment did not address the points raised in Bhushan’s affidavit or the arguments made by his lawyer Senior Advocate Dushyant Dave in court. Though the bench repeatedly urged Bhushan to apologize, he stood his ground stating that he was willing to undergo any punishment for his views. Attorney General K K Venugopal requested the bench not to punish him. Ultimately, the bench sentenced Bhushan to a fine of Rupees One.39. Supreme Court Dismisses Plea To Transfer PM CARES Funds To NDRF; Says Fresh National Disaster Plan For COVID-19 Not NeededThe Supreme Court dismissed a petition filed by Centre for Public Interest Litigation which sought transfer of the funds from PM CARES to National Disaster Rel Fund.A bench comprising Justices Ashok Bhushan, R Subhash Reddy and MR Shah also held that there was no need for a fresh national disaster relief plan for COVID-19, and that the minimum standards of relief as issued under the Disaster Management Act prior to COVID-19 were enough.The bench also clarified that the Centre will be free to transfer the funds to NDRF as it deems appropriate and that individuals are at liberty to donate to NDRF.No Exception Can Be Taken To Constitution Of PM CARES Fund; But Still Open For Anyone To Contribute To NDRF : SCNo Occasion For CAG Audit Of PM CARES Fund As It Is A Public Charitable Trust: SC40. Daughters Have Coparcenery Rights Even If Their Father Was Not Alive When Hindu Succession (Amendment) Act, 2005 Came Into Force: SCIn a significant judgment, the Supreme Court has held that a daughter will have a share after Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of the amendment.A bench headed by Justice Arun Mishra today pronounced the judgment in a batch of appeals that raised an important legal issue whether the Hindu Succession (Amendment) Act, 2005, which gave equal right to daughters in ancestral property, has a retrospective effect.”Daughters must be given equal rights as sons, Daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not”, Justice Mishra said while pronouncing the judgment today. The bench also comprising of Justices S. Abdul Nazeer and MR Shah, overruled the contrary observations made in Prakash v. Phulavati and Mangammal v. T.B. Raju.This was in the case Vineeta Sharma v Rakesh Sharma. Injustice To Daughters In Hindu Shastric Law Done Away With: SC Explains The Impact Of Hindu Succession (Amendment) Act 2005 [Read Judgment]41. Supreme Court settles conflicts between UGC and State Disaster Management AuthorityThe Supreme Court harmonized the conflicts between the directions issued by the UGC regarding conduct of final semester exams and the directions issued by the State Disaster Management Authorities in different states to cancel exams in view of the pandemic situation.The Court held that the State Disaster Management Authority can direct the cancellation of exams taking note of the pandemic situation. However, the SDMA cannot give a direction that students should be promoted without exams as that is a matter pertaining to the UGC. The Court held that States may seek extension of the September 30 deadline for exams based on the SDMA directions.[Case : Praneeth K and others v University Grants Commission]State Govt/SDMA Can Override UGC Deadline For Exam Based On Local Pandemic Situation: SC42 :”Covid 19 Is Not A Public Emergency As Per Factories Act”: SC Quashes Gujarat Govts’ Notification Extending Work Hours Under Factories Act Without Overtime PayThe Supreme Court has quashed the notification issued by the Gujarat Labour and Employment Department granting exemptions to all factories in Gujarat from provisions of the Factories Act, 1948 relating to daily working hours, weekly working hours, intervals for rest and spread overs of adult workers as well as from payment of overtime wages at double rates viz. Section 59.A bench of Justices DY Chandrachud, KM Joseph & Indu Malhotra has held that the pandemic situation cannot be a reason to do away with statutory provisions that provide dignity and rights for workers by the Gujarat Government. In this context, the bench has stated that the pandemic is not a “public emergency” within the meaning of Section 5 of the Factories Act threatening security of the country.Factories Act Notification Increasing Working Hours Indicative Of Intention To Capitalize On The Pandemic To Force Workers Into Servitude : SCWorkers’ Right To Life Cannot Be Deemed Contingent On The Mercy Of Their Employer Or The State: SC Quashes Gujarat Govt. Notification [Read Judgment] [Case : Gujarat Mazdoor Sabha and another v State of Gujarat]43. Protests can be held only at designated places : SC judgment on Shaheen Bagh protestsIn yet another debatable judgment, the Supreme Court held that the protests must be carried out only in designated places. The Court made this pronouncement in the petitions seeking the removal of Shaheen Bagh protests against CAA-NRC.During the pendency of the case, the Court had appointed interlocuters to mediate with the protesters. In March, with the onset of COVID-19, the protesters, mostly Muslim women, had vacated the site.Months after the protests had ceased, the Supreme Court in October delivered the judgment on the legitimacy of the mode of protest.”Dissent and democracy go hand in hand but protests must be carried out in designated area”, said the bench comprising Justices S K Kaul, Aniruddha Bose and Krishna Murari.[Case : Amit Sahni v Union of India and others][Shaheen Bagh] Demonstrations Expressing Dissent Have To Be In Designated Places Alone: SC [Read Judgment]44. High Courts Can Grant Bail Under Article 226 In Appropriate Cases – Arnab Goswami caseWhile ordering the release of Republic TV anchor Arnab Goswmai from prison, the Supreme Court held that High Courts can grant bail even in a writ petition under Article 226 of the Constittution in appropriate case.A bench comprising Justices DY Chandrachud and Indira Banerjee observed “the High Court should not foreclose itself from the exercise of the power when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power”.Deprivation For A Single Day Is A Day To Many, Courts Must Ensure That Criminal Law Does Not Become A Weapon For Selective Harassment Of Citizens: SC In Arnab Goswami Judgment 45. Confession made to NDPS officers not admissible in evidence -SC rules by 2:1 majority in Tofan Singh caseThe Supreme Court held by 2:1 majority that officers of the Central & State agencies appointed under Narcotic Drugs and Psychotropic Substances Act are police officers and therefore the ‘confessional’ statements recorded by them under Section 67 are not admissible.Justices Rohinton Fali Nariman and Navin Sinha held thus, while Justice Indira Banerjee gave a dissenting opinion in the case Tofan Singh v State of Tamil Nadu.Explainer: Why Supreme Court Held That Officers Designated U/s 53 NDPS Act Are ‘Police Officers’ ?46. Merely Because The Investigation Officer And Complainant Are The Same The Trial In NDPS Cases Will Not Be Vitiated And Accused Cannot Be Acquitted On That Ground : SC Constitution Bench A Constitution Bench of the Supreme Court has held that it cannot be held as a general proposition that an accused under NDPS Act is entitled to an acquittal merely because the complainant is the investigating officer.”Merely because the informant and the investigating officer is the same, it cannot be said that the investigation is biased and the trial is vitiated”, the bench observed while specifically overruling Mohan Lal v. State of Punjab (2018) 17 SCC 627.[Effect Of Investigation By Complainant in NDPS Act] Read The Constitution Bench’s Reasons For Overruling Mohanlal Judgment47.Is Sub-Classification Permissible Within SC-ST Reservation? SC 5 Judge Bench Refers Matter To Larger Bench; Says ‘EV Chinnaiah’ Decision Needs Reconsideration A five-judge bench of the Supreme Court on Thursday held that the decision of a coordinate bench in E V Chinnaiah vs State of Andhra Pradesh requires to be revisited and referred the matter to the Chief Justice for placing it before an appropriate larger bench.The bench expressed the view that once a State Government has the power to make reservation, it also has the power to make sub-classifications and that such sub-classification will not amount to tinkering with the reservation list.’Are They Destined To Carry Their Backwardness Till Eternity?’: SC Says Fruits Of Reservation Not Reaching Lowest Strata Of SC-STs [Read Judgment]48. Medical Council Of India Has No Power To Make Any Reservation For In-Service Candidates; States Have: SC Constitution BenchA Constitution Bench of the Supreme Court has held that Medical Council of India has no power to make any reservation for in-service candidates in Post Graduate Medical Course in any particular state.The bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose observed that the power of Medical Council of India Act is referable to Entry 66, List 1, which is a limited source of power to lay down standards. It held that the Medical Council of India regulations providing for reservation for in-service candidates in PG Medical Courses are ultra vires the Medical Council of India Act.The Court has however clarified that the judgment will apply only prospectively and will not affect any admissions already made. The Court further observed that States can make regulations to provide reservation for in-service doctors in PG medical course and suggests that States may ask such beneficiaries to serve in rural, hilly and tribal areas for five years.[Case : Tamil Nadu Medical Officers Association v Union of India]49. Supreme Court asks Centre to amend Tribunal Rules 2020A three judge bench of the Supreme Court found the Tribunal Rules 2020 to be problematic. However, the bench refrained from striking the rules down after the Attorney General agreed to the suggestions made by amicus curiae Senior Advocate Arvind P Datar and undertook to amend the rules.The bench headed by Justice L Nageswara Rao observed that the amendments are necessary to ensure the independence and efficiency of tribunals. Significant in the judgment passed in the case Madras Bar Association v Union of India are the directions to constitute a National Tribunals Commission and to allow lawyers having at least 10 years practice to become judicial members in tribunals.National Tribunals Commission Will Improve Effective Functioning & Enhance Public Image Of Tribunals : Supreme CourtExclusion Of Advocates For Consideration As Judicial Members In Tribunals Contrary To SC Judgments: Supreme CourtTribunal Rules 2020 Framed Contrary To Court Directions; ‘Disturbing Trend’ Of Centre Not Implementing Repeated Orders : Supreme Court50. Hate Speech Repudiates Right To Equality In A Polity Committed To Pluralism : Supreme CourtThe judgment delivered by the Supreme Court in the case Amish Devgan v Union of India contains an elaborate discussion on the concept of ‘hate speech’.The judgment delivered by a bench comprising Justices A M Khanwilkar and Sanjay Khanna discusses the distinctions between ‘hate speech’ and ‘free speech’, the need to criminalize ‘hate speech’ and the tests to identify it.”In a polity committed to pluralism, hate speech cannot conceivably contribute in any legitimate way to democracy and, in fact,repudiates the right to equality”, the judgment authored by Justice Khanna observed.51. Right To Default Bail Is Enforceable Even If Charge Sheet/Report Seeking Extension Of Time Is Subsequently Filed: Supreme CourtThe Supreme Court has observed that where the accused has already applied for default bail, the Prosecutor cannot defeat the enforcement of his indefeasible right by subsequently filing a final report, additional complaint or report seeking extension of time.[Case :M. Ravindran vs. The Intelligence Officer]52. Prior Environmental Clearance for Land Acquisition for National Highway – Supreme Court explainsThe Supreme Court upheld the land acquisition notifications for the proposed Chennai -Salem eight lane national highway by holding that prior enviornemntal clearance is not needed at the stage of notification under Section 3A of the National Highways Act.Reversing the judgment of the Madras High Court, the top court held that the stage where prior environmental clearance is required is before issuing declaration of acquisition under Section 3D of the Act.[Case : The Project Director, Project Implementation Unit v P V Krishnamoorthy and others]Prior Environmental Clearance Not Required For Notifying Acquisition Of Land For National Highway: Supreme CourtEnvironmental Clearance Necessary Before Making Declaration Of Land Acquisition Under Section 3D Of National Highways Act : Supreme CourtCentre Has Power To Notify Any Land For Acquisition For A New National Highway : Supreme Court53. [Domestic Violence Act] Wife Entitled To Claim Right Of Residence Which Belongs To Relatives Of Husband Also: Supreme Court Overrules Its 2006 ‘SR Batra’ JudgmentA wife is also entitled to claim a right to residence in a shared household belonging to relatives of the husband, the Supreme Court held in an important judgment overruling the 2006 judgment in SR Batra v. Taruna Batra. “In the event, shared household belongs to any relative of the husband with whom in a domestic relationship the woman has lived, the conditions mentioned in Section 2(s) are satisfied and the said house will become a shared household,” the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah.It added, “The living of woman in a household has to refer to a living which has some permanency. Mere fleeting or casual living at different places shall not make a shared household. The intention of the parties and the nature of living including the nature of household have to be looked into to find out as to whether the parties intended to treat the premises as shared household or not. As noted above, Act 2005 was enacted to give a higher right in favour of woman. The Act, 2005 has been enacted to provide for more effective protection of the rights of the woman who are victims of violence of any kind occurring within the family. The Act has to be interpreted in a manner to effectuate the very purpose and object of the Act.”[Case: Satish Chander Ahuja v. Sneha Ahuja]54. Landlord-Tenant disputes arbitrable unless covered by rent control lawsA three judge bench of the Supreme Court answered a reference to hold that landlord-tenant disputes are arbitrable unless covered by specific rent contorl laws. The judgment delivered by a three judge bench in the case Vidya Drolia and others v Durga Trading Enterprises also decides several issues such as tests for arbitrability, who determines arbitrability, scope of enquiry under Sections 8/11, meaning of ‘existence of arbitration agreement’ etc.The bench comprising Justices N V Ramana, Sanjiv Khanna and Krishna Murari overruled the view in Himangni Enterprises vs Kamaljeet Singh Ahluwalia.Other reports based on the judgment :Disputes Which Are To Be Adjudicated By DRTs Are Not Arbitrable: Supreme Court Overrules 2012 Delhi HC JudgmentAllegations Of Fraud Arbitrable When They Relate To Civil Dispute: Supreme Court Overrules ‘N Radhakrishnan’ JudgmentExpression ‘Existence Of Arbitration Agreement’ In Section 11 Of Arbitration Act Includes Aspect Of Validity Of Agreement : Supreme Court55. Install CCTVs In All Police Stations; Victims Of Human Rights Violations By Police/NIA/CBI/ED Have The Right For CCTV Footage Of Interrogation:Supreme CourtIn a path-breaking Judgment, the Supreme Court has directed that in case of any human right violation by investigating agencies like police, CBI, NIA, ED Etc, the victims have the right to get the copy of CCTV footage of interrogation and also to approach the National/State Human Rights Commission, Human Rights Court or the Superintendent of Police or any other authority empowered to take cognizance of an offence.The Supreme Court has directed the Central Government to install CCTV cameras and recording equipment in the offices of Central Agencies like Central Bureau of Investigation (CBI), National Investigation Agency (NIA), Enforcement Directorate (ED), Narcotics Control Bureau (NCB), Department of Revenue Intelligence (DRI) and Serious Fraud Investigation Office (SFIO)The court observed that it should also be installed in the offices of any other agency which carries out interrogations and has the power of arrest. Case :PARAMVIR SINGH SAINI vs. BALJIT SINGH 56. Court Cannot Impose Condition Of Deposit of Money While Granting Default/Statutory Bail U/s 167(2) CrPC: Supreme Court A Bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah held that while granting default bail/ statutory bail under Section 167(2) of CrPC, condition of deposit of amount cannot be imposed. The only requirement for getting the default bail/statutory bail under Section 167(2), Cr.P.C. is that the accused is in jail for more than 60 or 90 days, as the case may be, and within 60 or 90 days, as the case may be, the investigation is not completed and no chargesheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail, the Court observed. The court also added that the circumstances while considering the regular bail application under Section 437 Cr.P.C. are different, while considering the application for default bail/statutory bail. [Case: Saravanan v. State]57. Denial of legitimate expectation can be a circumstance leading to arbitrariness and violation of Article 14The judgment delivered by the Supreme Court in the case State of Jharkhand and others v Brahmaputra Metallics Ltd Ranchi and others is a good reference to understand the concepts of legitimate expectation and promissory estoppel.The judgment pronounced by a bench comprising Justices D Y Chandrachud and Indu Malhotra also illustrates how the doctrine of legitimate expectation can be used against arbitrary State action to claim relief.Denial of legitimate expectation can be a circumstance leading to arbitrariness and violation of Article 14 of the Constitution, the judgment held.58. Eviction order under Senior Citizens Act cannot defeat rights under Domestic Violence ActThe Supreme Court has held that the Maintenance and Welfare of Parents and Senior Citizens Act has no overriding effect over the right of residence of a woman in a shared household within the meaning of the Protection of Women from Domestic Violence Act.The right of a woman to secure a residence order in respect of a shared household cannot be defeated by the simple expedient of securing an order of eviction by adopting the summary procedure under the Senior Citizens Act, the bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee observed in the case S Vanitha vs. Deputy Commissioner, Bengaluru Urban District.59. CBI Investigation Can Be Ordered Even After Submission Of Chargesheet In An Appropriate Case: Supreme CourtThe Supreme Court has observed that there is no embargo on it to transfer an investigation to the CBI after submission of the charge-sheet.The bench comprising Justice DY Chandrachud, Indu Malhotra and Indira Banerjee observed thus while cancelling anticipatory bail granted to in-laws of a deceased woman in a dowry death case and also directing the Central Bureau of Investigation to further investigate the case.Case : Dr Naresh Kumar Mangla vs. Anita AgarwalAlso from the judgment : Selective Leaks During Investigation To Media Affect Rights Of Accused And Victims: Supreme Court60. All Stay Orders On Civil/Criminal Proceedings Passed By Courts, Including HCs, To Automatically Expire Within 6 Months Unless Extended For Good Reasons: SCThe Supreme Court has reiterated that whatever stay has been granted by any court including the High Court on civil or criminal proceedings will automatically expire within a period of six months, unless an extension is granted for good reason within the next six months.The bench headed by Justice RF Nariman, said that the High Courts are subordinate judicially to the Supreme Court and the directions issued in Asian Resurfacing of Road Agency Private Limited. vs. Central Bureau of Investigation ought to be followed.Addendum :61.Candidates Belonging To Reserved Categories Eligible For General Category Vacancies Based On Merit: Supreme Court The Supreme Court has observed that the candidates belonging to reserved category, are eligible to fill general/open category vacancies also.The bench comprising Justices Uday Umesh Lalit, S. Ravindra Bhat and Hrishikesh Roy held that this principle should also be followed while filling vacancies in horizontal reservations in open category.The Court has disapproved the view taken by some High Courts that, at the stage of accommodating candidates for effecting horizontal reservation, the candidates from reserved categories can be adjusted only against their own categories under the concerned vertical reservation and not against the “Open or General Category.[Case :SAURAV YADAV vs. STATE OF UTTAR PRADESH]62. Judicial Officers Cannot Seek Direct Recruitment To Post Of District Judges Against Quota For Advocates : SC [Read Judgment]In a significant judgment, the Supreme Court has held that civil judges are not eligible to seek direct recruitment to post of District Judges in bar quota.Eligibility under Article 233(2) of the Constitution requires 7 years of continuous practice. “Only practising candidates can avail the quota. It is exclusively for them”, Justice Arun Mishra, dictating the order, said.”Article 233(2) nowhere provides eligibility of in-service candidates for consideration as a District Judge concerning a post requiring 7 years’ practice as an advocate or a pleader. Requirement of 7 years’ experience for advocate or pleader is qualified with a rider that he should not be in the service of the Union or the State”, the Court said in the judgment.Case : Dheeraj Mor v Hon’ble High Court of Delhi.Practising Advocates’ Experience Gained At Bar Injects Judicial Branch With Fresh Perspectives : SC [Read Judgment]63.Consumer Complaint By Allottee Against Builder Not Barred By RERA Act: Supreme Court The Supreme Court has held that a complaint before Consumer Fora by allottees against builders is not barred by the Real Estate (Regulation and Development) Act, 2016.The Court also held that period for allotment of flat to a homebuyer has to be reckoned from the date of the buyer agreement and not from the date of the registration of the project under the Real Estate Regulation and Development Act (RERA Act). A division bench comprising Justices UU Lalit and Vineet Saran said that entitlement of the Complainants must be considered in the light of the terms of the Builder Buyer Agreements. [Case: Imperia Structures Ltd. v. Anil Patni]64.Supreme Court Issues Guidelines On Payment Of Maintenance In Matrimonial Matters The Supreme Court issued guidelines on payment of maintenance in matrimonial matters. A bench comprising Justices Indu Malhotra and R. Subhash Reddy held that maintenance in all cases will be awarded from the date of filing the application for maintenance. The court said that for payment of Interim Maintenance, the Affidavit of Disclosure of Assets and Liabilities, shall be filed by both parties in all maintenance proceedings, including pending proceedings before the concerned Family Court / District Court / Magistrates Court, as the case may be, throughout the country. The model affidavit is annexed as Enclosures I, II and III of the judgment. [Case: Rajnesh v. Neha & Anr.]65. Consumer Forum Has No Power To Extend Time Beyond 45 Days For Opposite Party’s VersionNew India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd.In this case, A 5-judge bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah and S. Ravindra Bhat that the time period for filing opposite party’s version in Consumer case cannot be extended beyond the period of 45 days prescribed under the Consumer Protection Act. The Court held that Consumer Protection Act 1986 did not empower the Consumer Forum to extend the time beyond the period of 45 days. The time period prescribed under Section 13 of the Consumer Protection Act is mandatory, and not directory, held the judgment.Also Read :Good & Bad : 50 Important Supreme Court Judgments Of 2019The Good And Bad : Read 35 Important Supreme Court Judgments Of 2018Read 25 Important Judgment Of Supreme Court Of India Delivered In 2017Best Of 2016: Read 25 Significant Judgments Of Supreme Court of India in 2016Best of 2015; Read 25 Significant Judgments delivered by Supreme Court of India this yearReminiscing 2014: 15 judgments by the Apex Court that altered the course”Judicial Highlights of 2014 – the year that saw it all”Best Judgments of Supreme Court in 2013 Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Police in Derry have seized suspected Class B drugs with an estimated street value of £15,000. Officers from the Ballyarnett Neighbourhood Policing Team also made three arrests in relation to the seizure of suspected cannabis in the Carraig Ard area of the city yesterday.Three men, aged 18, 30 and 38 years old, arrested on suspicion of drug-related offences have since been bailed.Inspector Tim McCullough said: “Drugs ruin lives and damage communities. I want to reassure you we will continue to act on all information provided to us and target those who seek to exploit vulnerable people for their own criminal gain.“I would encourage the public to continue reporting any suspicious activity, or concerns about potential drug dealing in the community. This can be done through calling our non-emergency number 101”. Journey home will be easier – Paul Hegarty Police seize drugs in Derry Twitter Pinterest Facebook WhatsApp Homepage BannerNews WhatsApp Facebook Twitter Important message for people attending LUH’s INR clinic News, Sport and Obituaries on Monday May 24th Harps come back to win in Waterford DL Debate – 24/05/21 RELATED ARTICLESMORE FROM AUTHOR By News Highland – October 29, 2020 Google+ Previous articleInishowen Innovation Hub brought to life in new videoNext articleAdam Foley reflects on a great win for Finn Harps as he gets his first goal News Highland Pinterest Google+ Arranmore progress and potential flagged as population grows
Homepage BannerNews Holiday makers on Kinnegar beach had to move their campervans and tents to safety last night after a small fire broke out on nearby grassland. The Donegal Fire Service attended the scene with the fire quickly brought under control.While the fire itself was reportedly small, a substantial amount of smoke spread across the area with campers told to move their belongings only as a precaution.With the good weather continuing, people are being reminded to dispose of cigarettes and light barbeques in safe manner. Facebook WhatsApp News, Sport and Obituaries on Monday May 24th By News Highland – July 3, 2018 Pinterest Facebook Pinterest Twitter WhatsApp RELATED ARTICLESMORE FROM AUTHOR Journey home will be easier – Paul Hegarty Google+ DL Debate – 24/05/21 Fire Service deal with small fire near Kinnegar beach Google+ Previous articleHosepipe ban being considered for DonegalNext articleBreaking: Emergency services attending crash near Letterkenny News Highland Twitter Harps come back to win in Waterford Important message for people attending LUH’s INR clinic Arranmore progress and potential flagged as population grows
DL Debate – 24/05/21 Calls for urgent meeting over latest on Mica Redress Scheme Google+ AudioHomepage BannerNews Twitter Facebook Facebook Derry draw with Pats: Higgins & Thomson Reaction FT Report: Derry City 2 St Pats 2 News, Sport and Obituaries on Monday May 24th WhatsApp RELATED ARTICLESMORE FROM AUTHOR Journey home will be easier – Paul Hegarty There are calls for an urgent meeting of the council sub committee on the Mica Redress Scheme.Councillor Albert Doherty say there’s on onus on Donegal County Council to get the scheme off the ground as latest indications show that ‘the ball in now in their court.’Councillor Albert Doherty say that there must be a final sign off now by Council officials and immediate briefing meetings for the Council Redress Committee:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2020/06/AlbertdgghgfhgfMicaweb.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Previous articleOne more person with Covid-19 has diedNext articleDonegal records ‘cooler’ bank holiday weekend News Highland Pinterest By News Highland – June 2, 2020 Harps come back to win in Waterford WhatsApp Google+ Twitter Pinterest
AudioHomepage BannerNews FT Report: Derry City 2 St Pats 2 By News Highland – November 26, 2020 Bed crisis at Carndonagh must be addressed – Doherty Previous article80 young people take part in first shared island dialogueNext articleGovernment consider telling people not to travel to North News Highland News, Sport and Obituaries on Monday May 24th Derry draw with Pats: Higgins & Thomson Reaction Twitter DL Debate – 24/05/21 Pinterest WhatsApp Google+ Facebook Journey home will be easier – Paul Hegarty Twitter Harps come back to win in Waterford Pinterest RELATED ARTICLESMORE FROM AUTHOR There are 46 users of disability services in Inishowen registered as being in need of respite services, but only one bed available at the Riverwalk facility in Carndonagh.At this week’s meeting of the Regional Health Forum West, Cllr Albert Doherty said its incumbent on the HSE and the government to address this situation as a matter of urgency.Cllr Doherty said people have been offered respite places elsewhere in the county, but it’s not practical in many cases.At the online meeting, he shared a letter he received from a carer………..Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2020/11/althurs7am.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume.Senior HSE official John Hayes agreed that more services are needed in Inishowen, but said there are short term issues which are being worked through…………Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2020/11/hayesthurs7am.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. WhatsApp Google+ Facebook
Harps come back to win in Waterford News, Sport and Obituaries on Monday May 24th Pinterest Previous article‘No excuses for conceding the goals’ – Donegal Minor Manager Gary DuffyNext articleAn Post refuse request to delay closure of Kilcar PO News Highland Facebook Google+ Important message for people attending LUH’s INR clinic Arranmore progress and potential flagged as population grows Twitter WhatsApp Twitter Pinterest Oireachtas members briefed on Failte Ireland’s Donegal plans WhatsApp Facebook RELATED ARTICLESMORE FROM AUTHOR Homepage BannerNews DL Debate – 24/05/21 Failte Ireland has been briefing Donegal Oireachtas members on its activities in Donegal, saying it wants to maximise the tourism potential of the county.Deputies Pat ‘The Cope’ Gallagher, Thomas Pringle, and Charlie McConalogue, attended the special presentation in Dublin, along with Senator Padraig MacLochlainn.Senior Fáilte Ireland officials stressed the importance of tourism to the national economy, to grow visitor numbers, increase tourism revenue, and to support jobs across Donegal and the North West.They were told the Tourism Development Authority had invested over €465,000 in six Donegal festivals, along with the provision of capital funding for Fanad Lighthouse, Slíabh League, Malin Head, Glenveagh, and Ards Forest Park.They were also given county specific details on Fáilte Ireland’s grant programmes, business supports, and training initiatives.The potential for Donegal to benefit under the Destination Towns programme was also highlighted.Meanwhile, four leading Swiss journalists – representing a luxury lifestyle magazine, as well as national and regional newspapers – have been exploring Donegal, as guests of Tourism Ireland and Fáilte Ireland.The journalists, who have a combined readership of almost 288,000 people, visited a number of key attractions in the county. Google+ By News Highland – June 22, 2019 Loganair’s new Derry – Liverpool air service takes off from CODA
DL Debate – 24/05/21 Facebook Important message for people attending LUH’s INR clinic Arranmore progress and potential flagged as population grows Donegal ETB is to share in a €5.8m fund announced by Minister Simon Harris for community education under the Mitigating against Educational Disadvantage Fund.The Fund was secured as part of Budget 2021 to support community education for adult learners, who have the highest level of need.It aims to increase the participation of disadvantaged learners, particularly those who are undertaking literacy and skills programmes.The fund has a strong focus on building the digital infrastructure of community education providers, including providing devices and software, and increasing their capacity to deliver online learning.€282,892 has been sanctioned for Donegal ETB. Google+ By News Highland – December 29, 2020 WhatsApp News, Sport and Obituaries on Monday May 24th Harps come back to win in Waterford Facebook Twitter Pinterest Loganair’s new Derry – Liverpool air service takes off from CODA Google+ RELATED ARTICLESMORE FROM AUTHOR Twitter Previous articlePeople invited to take part in Moville Parish ‘Shine a Light’ initiativeNext article30 Covid patients being treated at LUH, 3 in Critical Care News Highland WhatsApp Donegal ETB to share €5.8m Mitigating against Educational Disadvantage Fund Homepage BannerNews Pinterest
An additional 545 new cases of Covid-19 have been confirmed in the Republic this afternoon along with 4 more deaths.29 of the cases have been confirmed in Donegal where the incidence rate remains the highest in the country and more than double the national average at 293.4 cases per 100,000 people.139 patients are being treated in hospital for the disease, with 44 in ICU.Dr Tony Holohan, Chief Medical Officer, has described the current situation in Donegal as precarious and says it is extremely concerning for public health doctors locally. DL Debate – 24/05/21 Previous article€65,000 worth of cocaine seized in SligoNext articleCouncil not employing students this summer News Highland Arranmore progress and potential flagged as population grows WhatsApp RELATED ARTICLESMORE FROM AUTHOR Google+ By News Highland – April 30, 2021 4 Covid related deaths and 545 new cases, 29 in Donegal Google+ Important message for people attending LUH’s INR clinic Facebook Pinterest WhatsApp Homepage BannerNews Loganair’s new Derry – Liverpool air service takes off from CODA Facebook News, Sport and Obituaries on Monday May 24th Pinterest Twitter Twitter Nine til Noon Show – Listen back to Monday’s Programme
Pinterest Twitter Google+ Previous articleRatepayers in the North picking up cost of Donegal waste – Cllr KellyNext articleQuarter Final Victory For L.Y.I.T. Men’s GAA Football Team News Highland Twitter DL Debate – 24/05/21 Loganair’s new Derry – Liverpool air service takes off from CODA News, Sport and Obituaries on Monday May 24th Gardai are currently attending the scene of a road traffic collision at Tullyrap on the main Letterkenny to Lifford Road.No further details are known. Pinterest Arranmore progress and potential flagged as population grows By News Highland – November 9, 2017 Homepage BannerNews WhatsApp Facebook Important message for people attending LUH’s INR clinic WhatsApp RELATED ARTICLESMORE FROM AUTHOR Facebook Google+ Emergency services at scene of collision at Tullyrap Nine til Noon Show – Listen back to Monday’s Programme
Sign off on penalty points for fishing industry unjust – MacLochlainn Sinn Fein says the next Agriculture Minister should amend the Taoiseach’s move to sign off on plans to impose penalty points on the industry.Padraig Mac Lochlainn is calling on Micheál Martin to urgently consult with the fishing industry over this.He says the sector isn’t opposed to a penalty points system but believes it must be a fair one.Deputy Mac Lochlainn says the Taoiseach’s system isn’t just:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2020/08/fishing-padraig1pm.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume.The Killybegs Fishermen’s Organisation is describing the move by the Taoiseach as ‘scandalous’.It says it runs contrary to the Programme for Government, which commits to introducing a ‘level playing field.’Its CEO Sean O’Donoghue says the decision must be changed:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2020/08/odonoghue-fishing1pm.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. RELATED ARTICLESMORE FROM AUTHOR Facebook DL Debate – 24/05/21 Loganair’s new Derry – Liverpool air service takes off from CODA Google+ WhatsApp Pinterest News, Sport and Obituaries on Monday May 24th Twitter Twitter FT Report: Derry City 2 St Pats 2 Pinterest Previous articleDonegal Championship Quarter finals & Relegation Play-offs detailsNext articleKerry councillor condemns scenes of crowds in Killarney News Highland Facebook Google+ AudioHomepage BannerNews By News Highland – August 30, 2020 Important message for people attending LUH’s INR clinic Arranmore progress and potential flagged as population grows WhatsApp
Important message for people attending LUH’s INR clinic Pinterest Twitter Facebook By News Highland – December 28, 2017 WhatsApp DL Debate – 24/05/21 Google+ Arranmore progress and potential flagged as population grows News, Sport and Obituaries on Monday May 24th Previous articleMan who died in fatal collision in Dunfanaghy named locally as Sean HeraghtyNext articlePolice appeal for witnesses following assault in Omagh on Friday last News Highland Twitter Homepage BannerNews WhatsApp Three motorists are to appear in court after being caught drink driving on Christmas Day.Police in the North arrested two drivers in the Omagh area on Monday on suspicion of drink driving.While a third motorist who could not be located by police in Omagh was arrested in Derry.Police say all three drivers were reported to be swerving all over the road and narrowly avoided collisions on a number of occasions.Court proceedings are to follow. RELATED ARTICLESMORE FROM AUTHOR Facebook Loganair’s new Derry – Liverpool air service takes off from CODA Google+ Three motorists in the North arrested for drink driving on Christmas Day Pinterest Nine til Noon Show – Listen back to Monday’s Programme
AudioHomepage BannerNews Nine til Noon Show – Listen back to Monday’s Programme By News Highland – February 3, 2021 Arranmore progress and potential flagged as population grows Twitter Google+ Facebook Loganair’s new Derry – Liverpool air service takes off from CODA Pinterest Twitter Previous articleSurge in Covid deaths due to ‘restrictions lifted before Christmas’Next articleCllr insists gritters should operate throughout the night News Highland A Donegal Deputy has accused the Public Expenditure Minister of being ‘tone deaf’ over the Government’s approval of an €81,000 pay hike for the next secretary general of the Department of Health.Minister Michael McGrath told the Finance Committee yesterday it was the “right decision” to increase the salary from €211,000 to €292,000.An open competition is under way for the position.During the online Oireachtas committee, Deputy Pearse Doherty hit out at the decision and claimed the Minister was out of touch with society:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2021/02/pearsepay.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Google+ WhatsApp Doherty accuses Minister of being ‘tone deaf’ over salary hike decision RELATED ARTICLESMORE FROM AUTHOR Pinterest News, Sport and Obituaries on Monday May 24th DL Debate – 24/05/21 Facebook WhatsApp Important message for people attending LUH’s INR clinic
Pinterest Nine til Noon Show – Listen back to Monday’s Programme DL Debate – 24/05/21 Twitter WhatsApp Google+ Twitter Loganair’s new Derry – Liverpool air service takes off from CODA Mary Diver receiving her vaccine from Susan McGarvey, Public Health Nurse Árainn Mhór on Tory Island on Thursday last. Photo Clive WassonThe Taoiseach says yesterday was the biggest day yet in the Covid vaccine rollout – with over 41 thousand doses given out.A quarter of adults have now had their first dose – and one in ten have received both jabs.It comes as 165 thousand AstraZeneca doses are due to arrive here next week, in a delivery that had been postponed until May.Meanwhile, officials will decide in the coming days how the Johnson & Johnson vaccine should be used after concerns about very rare blood clots.US regulators have recommended the jab should be used again – and immunology professor at Trinity College Dublin, Kingston Mills, hopes the same will happen here:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2021/04/Mills12.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Pinterest Facebook AudioHomepage BannerNews By News Highland – April 24, 2021 WhatsApp Google+ RELATED ARTICLESMORE FROM AUTHOR News, Sport and Obituaries on Monday May 24th Previous articleMan charged in relation to recent CRI Alert issued by the GardaiNext articleGardai investigating fire at Old Summerhill College Sligo News Highland Arranmore progress and potential flagged as population grows Important message for people attending LUH’s INR clinic Yesterday biggest day yet in the Covid-19 vaccine rollout Facebook
Google+ Major grow-house operation uncovered in Newtowncunningham Pinterest Important message for people attending LUH’s INR clinic Twitter Community Enhancement Programme open for applications Pinterest WhatsApp Google+ WhatsApp Homepage BannerNews Nine til Noon Show – Listen back to Monday’s Programme Arranmore progress and potential flagged as population grows Facebook Twitter Loganair’s new Derry – Liverpool air service takes off from CODA Previous article“Very few” people on incoming Italian flights – CoveneyNext articlePBP call for cancellation of Derry parade News Highland RELATED ARTICLESMORE FROM AUTHOR Facebook Investigations are continuing following the discovery of a growhouse in Newtowncunningham.Gardai carried out a search at a property in the Woodthorpe area last night at around 8pm.Cannabis plants with an estimated value of €15,000, Cannabis Resin with a value of €1,000 and a small quantity of MDMA were seized.A man in his 30s, was arrested and is currently being detained at Letterkenny Garda Station under Section 2 of the Drug Trafficking Act.A technical examination of the scene is due to be carried out. News, Sport and Obituaries on Monday May 24th By News Highland – March 10, 2020
Important message for people attending LUH’s INR clinic News, Sport and Obituaries on Monday May 24th Pinterest Previous articleColeman & Duffy delighted to share spoils with SwissNext articleLack of nursing posts in Donegal still major problem – INMO News Highland Gardai clock yet another motorist speeding in Letterkenny Loganair’s new Derry – Liverpool air service takes off from CODA Nine til Noon Show – Listen back to Monday’s Programme WhatsApp Gardai in Letterkenny have confirmed that yet another motorist has been clocked speeding excessively on the dual carriage way on the outskirts of the town.The motorist was caught travelling at 157kmh in the 100 zone yesterday evening.It follows two other significant speed detections on the same stretch this week.Gardai are urging drivers once again to slow down and drive with care on the roads. Facebook Twitter Pinterest Homepage BannerNews Arranmore progress and potential flagged as population grows Google+ Google+ Twitter By News Highland – September 6, 2019 Facebook RELATED ARTICLESMORE FROM AUTHOR WhatsApp Community Enhancement Programme open for applications
Facebook Gardai urging people to be wary of latest scams Facebook WhatsApp Previous article300 take part in Operation Transformation National Walks Day in DonegalNext article13 candidates in Donegal to contest upcoming general election News Highland Loganair’s new Derry – Liverpool air service takes off from CODA Community Enhancement Programme open for applications Google+ Arranmore progress and potential flagged as population grows Pinterest By News Highland – January 22, 2020 Twitter Important message for people attending LUH’s INR clinic Twitter News, Sport and Obituaries on Monday May 24th Gardai in Donegal are again urging people to be wary of a number of scams doing the rounds.Gardai received a report today of a man receiving a WhatsApp message from an unknown woman which included a number of videos.The man contacted Gardai as he feared it may lead to a blackmail attempt.Other fraudulent texts doing the rounds include one purporting to be from a commercial airline company claiming the recipient has won in their monthly draw.Another claims the victim’s parcel has been detained and includes a link for them to follow.Gardai say the Spanish lotto scam continues to target people in the county.People are being reminded to not click on a link of any sort, do not entertain these scams, delete the text or email and simply ignore them.Gardai are advising that if you have entered a draw and receive notification that you have won a prize then check directly with the draw holder and do not provide your bank/personal details to anyone.Anyone who feels they have been the victim of a scam of any sort is asked to report the matter to Gardai. Pinterest RELATED ARTICLESMORE FROM AUTHOR WhatsApp Google+ Nine til Noon Show – Listen back to Monday’s Programme Homepage BannerNews
Pinterest Pinterest Twitter WhatsApp Homepage BannerNews By News Highland – August 30, 2019 Facebook Nine til Noon Show – Listen back to Monday’s Programme Important message for people attending LUH’s INR clinic Twitter Hospital Roundabout in Letterkenny is to close for three nights in the middle of next months to facilitate sewer works.It’s proposed to close the roundabout nightly from 7pm to 7am on Monday 16th, Tuesday 17th and Wednesday 18th of September, to facilitate the installation of a new sewer.Donegal Council Council says this will effectively close De Valera Road and High Road from the town centre, Kilmacrennan Road from the Mountain Top, and Circular Road from Glencar.Diversions will be in place with traffic being diverted via the N56, Windyhall, Ballyraine, Business Park Road, Glencar Road, and New Line Road, depending on the direction of travel.The formal notice has been published today, people have until 4pm next Wednesday to submit objections to the Roads Office at County House in Lifford. Community Enhancement Programme open for applications Arranmore progress and potential flagged as population grows Publicans in Republic watching closely as North reopens further Google+ RELATED ARTICLESMORE FROM AUTHOR WhatsApp Previous articleScottish judge denies Brexit injunctionNext articlePARC welcomes RSA u-turn on additional learner permits News Highland Loganair’s new Derry – Liverpool air service takes off from CODA Facebook Letterkenny’s Hospital Roundabout to close for three nights Google+
Previous articleDerry mother makes emotional appeal to those who fired shot at her homeNext articleUlster Bank confirms all delayed credits have been processed News Highland Twitter By News Highland – October 25, 2019 Pinterest Twitter Nine til Noon Show – Listen back to Monday’s Programme WhatsApp WhatsApp AudioHomepage BannerNews Google+ Arranmore progress and potential flagged as population grows South Donegal Deputy says he is not overly worried about safety after death threat A South Donegal Deputy claims that he is not overly worried about his safety after receiving a death threat for speaking out against right-wing anti-immigrant hate speech.Martin Kenny has received what he describes as several “racist” messages in recent days after voicing concerns about what he believes is a ‘far-right’ influence in debates over plans to accommodate asylum seekers in Ballinamore in Leitrim.The Sinn Fein TD reported to Gardai a message he received this week which referred to him as a “traitor” and claimed that he would be “executed.”He told Shannonside Northern Sound that he has received several disturbing messages in recent days:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2019/10/kennythreat4pm.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Community Enhancement Programme open for applications RELATED ARTICLESMORE FROM AUTHOR Google+ Important message for people attending LUH’s INR clinic Facebook Loganair’s new Derry – Liverpool air service takes off from CODA Pinterest Facebook Publicans in Republic watching closely as North reopens further
Twitter Community Enhancement Programme open for applications Homepage BannerNews Facebook By News Highland – June 2, 2020 Twitter Renewed calls for full-time Garda in Kilmacrennan Loganair’s new Derry – Liverpool air service takes off from CODA Google+ Pinterest Previous articleDredging to start at Magheraroarty Pier this weekNext articleIntense discussions ongoing over LYIT reopening News Highland WhatsApp Pinterest Google+ Nine til Noon Show – Listen back to Monday’s Programme RELATED ARTICLESMORE FROM AUTHOR Publicans in Republic watching closely as North reopens further Breaking: Car recovered in Donegal after fatal hit and run Facebook A car wanted believed to have been involved in a fatal hit and run in Tyrone has been located in Donegal. A 21 year old man lost his life in the crash which happened in the Meenacloy road on Sunday.In a statement, Detective Inspector Michael Winters said that working with their colleagues in An Garda Síochána they have now recovered a black BMW X5 which they believe was involved in the collision.The vehicle was located at an address in Donegal yesterday evening and has now been recovered to a PSNI establishment for a forensic examination to be carried out.Police are subsequently following a definite line of enquiry in relation to the collision and hope to progress our investigation in the near future.They are however continuing to ask anyone who has not yet spoken with police, but who witnessed the collision or has dash-cam footage of the collision, to contact detectives in Omagh on 101. WhatsApp Arranmore progress and potential flagged as population grows
Twitter Loganair’s new Derry – Liverpool air service takes off from CODA Google+ Pinterest Homepage BannerNews Google+ By News Highland – May 13, 2020 Previous article10 further deaths, 159 new confirmed cases of Covid-19Next articleFourth day of government formation talks today News Highland Publicans in Republic watching closely as North reopens further Facebook Child dies in farming accident in Malin Pinterest Facebook A young female child has died in a farming accident in Malin.The incident occurred at around 4pm on Wednesday afternoon.The child was airlifted to Altnagelvin Hospital, were she was pronounced dead.Two separate investigations by An Garda Siochana and the Health and Safety Authority have been launched.Gardai remain at the scene. Nine til Noon Show – Listen back to Monday’s Programme RELATED ARTICLESMORE FROM AUTHOR Arranmore progress and potential flagged as population grows WhatsApp Community Enhancement Programme open for applications WhatsApp Twitter Renewed calls for full-time Garda in Kilmacrennan
iStock/Thinkstock(WASHINGTON) — The FBI has taken a suspect into custody in connection to what was believed to be ricin letter threats that were mailed to the Pentagon and other locations Tuesday.Federal prosecutors authorized a probably cause arrest for William Clyde Allen of Logan, Utah, who has been taken into custody, the U.S. Attorney’s Office in Utah told ABC News.Officials “anticipate filing a complaint Friday in federal court in Salt Lake City,” officials said.The substance found in the envelopes has since been determined to be castor seeds and not ricin, according chief Pentagon spokesperson Dana White.“According to our preliminary analysis, the substance was castor seeds, from which ricin is derived. The FBI is still investigating,” White said.The letters were sent to the Pentagon, White House and Sen. Ted Cruz’s office.Another U.S. official familiar with the investigation said that one of the four envelopes had a return address, which was used as a lead in the FBI’s investigation.The developments comes one day after two envelopes suspected of containing ricin poison were identified in the Pentagon’s Central Processing Center, according to a U.S. official.The Secret Service reported Monday that one of the envelopes was addressed to Defense Secretary James Mattis. The other suspicious envelope was addressed to President Donald Trump, though that envelope was not received nor did it enter the White House.The envelopes found at the Pentagon’s mail center were addressed to Mattis and Chief of Naval Operations Adm. John Richardson, the official said. Those pieces of mail, flagged as part of the Pentagon’s normal processing procedures, are being examined to determine whether they test positive for the deadly poison, the FBI said in a statement.ABC affiliate KTRK reported that two people were hospitalized after an envelope with a powdery substance was sent to Cruz’s campaign office in Houston.Copyright © 2018, ABC Radio. All rights reserved.
Palm Beach County Jail(BOCA RATON, Fla.) — A Florida neurologist was arrested on Monday, accused of drugging a woman while out on a dinner date.Mircea Morariu, 50, of Boca Raton, was arrested on charges of poisoning food or water with intent to kill or cause injury after he allegedly placed crushed Xanax and Ambien into the woman’s drink on Sept. 10, according to police.A customer at the Ouzo Bay restaurant reported the incident, telling officers Morariu had placed a white powder-like substance into the woman’s drink while she was in the bathroom, according to a police report.Officers said they spoke with Morariu as he exited the bathroom and he denied the allegations. Police found a clear plastic bag in the bathroom trash can containing traces of zolpidem and alprazolam, commonly known as Xanax and Ambien.Zolpidem residue was also located in the martini glass, according to the report.The woman, 57, told police Morariu pushed the drink toward her once she returned from the restroom and told her to finish it. She said she reconnected with Morariu, who she’s known for 20 years, after learning that he was engaged.He denied the accusations on the scene and refused to answer further questions from police.“When she returned from the restroom, she stated that Morariu was pushing her drink towards her and that he had moved her water glass away,” the affidavit said. “[The alleged victim] stated that Morariu wanted her to finish her drink. Schroeder stated that she continued drinking the martini.”She was taken to Boca Raton Regional Hospital as a precaution.Copyright © 2018, ABC Radio. All rights reserved.
ERIC BARADAT/AFP/Getty Images(WASHINGTON) — Houses of worship remain a vulnerable target for attacks and foreign entities could be looking to “sow discord” using the internet, an FBI official warned at a security event with law enforcement officials and faith leaders this week.The official, who spoke on the condition of anonymity, urged faith leaders to have a share information with U.S. authorities and to have a “strategic perspective” in thinking about security.“You need to be thinking about this for the next six months. You need to be thinking about this for the next year. What are the consequences of going to conflict with Iran and Hezbollah, those actors of interest here,” the official said.“You need to be thinking about that right now,” the official said.“Clearly foreign disinformation efforts are intended to do more than interfere in our election,” John Cohen, the former undersecretary of the Department of Homeland Security and an ABC contributor, said in an interview after the event. “They are seeking to inspire violent attacks in the United States.”On Wednesday, the Department of Justice announced the arrest a Syrian refugee on allegations he wanted to bomb a church in Pittsburgh, Pennsylvania.And this week, the community of Charleston, South Carolina is remembering the nine African American parishioners murdered at the Emanuel A.M.E. Church four years ago.The report by Robert Mueller, the special counsel, detailed how Russians sowed discord by using social media during the 2016 presidential election, and how the Russia-based Internet Research Agency used Facebook, Twitter and Instagram while adopting identities claiming to be Americans.“The president appears to be making decisions by the seat of his pants – impulsively,” he said. “Perhaps there is some logic that he understands in his madness but it’s driving the American people crazy and it’s presenting real concerns about whether or not a fire would be lit.”Johnson blamed Trump for an “uptick in aggression” in the Middle East, adding the president “should be acting very carefully not to cause the unthinkable to happen.”“Our nation is not leading. Our nation is being led by other nations and our leader is not a thoughtful individual, has not carefully studied the geopolitical situation in which he has stuck his heavy thumb,” Johnson said. “It’s like a bull in the china shop. A blind bull in the china shop at that.”Copyright © 2019, ABC Radio. All rights reserved
Deborah Feingold/Corbis via Getty Images(NEW YORK) — Toni Morrison, the renowned author best known for the Pulitzer Prize-winning novel Beloved and for being the first African American woman to win the Nobel Prize in Literature, died Monday night, her publicist and family confirmed Tuesday.Morrison had been at the Montefiore Medical Center in New York at the time of her death, according to her publicist. She was 88.The cause of death was not immediately clear, but her family said she had “a short illness.”“She was an extremely devoted mother, grandmother, and aunt who reveled in being with her family and friends,” the Morrison family said in a statement. “The consummate writer who treasured the written word, whether her own, her students or others, she read voraciously and was most at home when writing. Although her passing represents a tremendous loss, we are grateful she had a long, well lived life.”“While we would like to thank everyone who knew and loved her, personally or through her work, for their support at this difficult time, we ask for privacy as we mourn this loss to our family. We will share information in the near future about how we will celebrate Toni’s incredible life,” the statement added.Morrison’s decades-long writing career spanned from 1970 to 2019, including treasured novels The Bluest Eye and Song of Solomon. Her work delved into the black experience in America, specifically that of black women in the country.Among her plethora of accolades, she was awarded a Pulitzer Prize for Fiction in 1988 for Beloved and the Nobel Prize in Literature in 1993. Morrison was presented with the Presidential Medal of Freedom by former President Barack Obama in 2012.Her longtime editor, Robert Gottlieb, remembered Morrison in a statement as both “a great woman and a great writer.”“And I don’t know which I will miss more,” he added.After graduating from Howard University in 1953, Morrison went on to break ground as the first African American editor at Random House from 1967 to 1983, where she published work from black writers including Toni Cade Bambara, Angela Davis, Gayl Jones and Henry Dumas, among many others, according to the company.Beyond writing and editing, she worked as a part-time teacher of creative writing and literature at her alma mater as well as at Yale University, SUNY Purchase, Bard College, Rutgers University, SUNY Albany and Princeton University.Most recently, she was the subject of a new documentary, Toni Morrison: The Pieces I Am. Filmmaker Timothy Greenfield-Sanders spoke with Morrison on her legacy and impact on future writers beyond what she left on paper for readers.Famously, Morrison once said, “We die. That may be the meaning of life. But we do language. That may be the measure of our lives.”Copyright © 2019, ABC Radio. All rights reserved.
felixmizioznikov/iStock(HOLLYWOOD, Fla.) — Calling it “a terrible tragedy that should have never happened,” the police chief of Hollywood, Florida, announced on Tuesday the arrests of four staff members of a nursing rehabilitation center whose alleged inaction caused the deaths of 12 elderly patients who perished from heatstroke when they were left lingering for hours in the sweltering facility that lost power during Hurricane Irma in 2017.Chief Chris O’Brien released details of the arrests at a news conference attended by relatives of the patients who died at the Rehabilitation Center at Hollywood Hills due to alleged neglect by its former administrator, night nursing supervisor and two nurses.“The families sitting here today should not have lost their loved ones in this way,” O’Brien said. “They placed their faith and trust in the Rehabilitation Center of Hollywood Hills, its medical and administrative staff and that trust was betrayed. They have been living an absolute nightmare.”Jorge Carballo, 61, the former administrator of the facility, and Sergo Colins, 45, the facility’s supervising night nurse, were each charged with 12 counts of felony aggravated manslaughter.Tamika Tory Miller, 31, a nurse at the center, was arrested and charged with six counts of felony aggravated manslaughter and tampering with evidence in connection with patient medical records. Another nurse at the center, Althea Kenesha Meggie, 36, was charged with two counts of felony aggravated manslaughter and tampering with evidence in connection with patient medical records.“These are trained professionals that should have been aware of the environmental hazards that were taking place in that facility and they chose to ignore them,” O’Brien said of the suspects. “These individuals took an oath to provide care and safety for these individuals in their facility. They betrayed that oath.”Not only did they fail to properly care for the patients, he said, but Meggie and Miller allegedly attempted to cover up the neglect by manipulating patient medical records.The charges resulted from what O’Brien described as the most extensive criminal investigation in his agency’s history.“This was a terrible tragedy that should have never happened,” O’Brien said.He said police were called to the facility on Sept. 13, 2017, after Hurricane Irma swept through South Florida and knocked out power to the rehabilitation center, which at the time was caring for around 140 patients.When police arrived on the scene, they found three patients already dead and several others in varying degrees of medical distress, police officials said. Despite sweltering conditions inside the facility, the staff failed to evacuate patients despite there being a fully-functioning hospital across the street, officials said.It was hotter inside the center than it was outside, officials said, and paramedics found patients overheated, including one who had a 107-degree temperature.Police immediately began evacuating the center, saving the lives of most patients. But a total of 12, who ranged in age from 71 to 99, died, authorities said.In November 2017, the Broward County Medical Examiner ruled all the deaths homicides and determined that the patients died from heatstroke, Major Steven Bolger, head of criminal investigation for the Hollywood Police Department, said at Tuesday’s news conference.“The actions and inactions of the four individuals — the two nurses responsible for the hands-on care of patients, the nursing supervisor and the facility administrator — led to the deaths of these patients,” Bolger said. “Since September of 2017, it has been the goal of the Hollywood police department to get justice for the patients who where medically and physically vulnerable and did not receive the appropriate care at the rehabilitation center.”As loved ones of the victims listened, Bolger read off the names of those who died. They were Carolyn Eartherly, 78, Gail Nova, 71, Estella Hendricks, 71, Bobby Owens, 84, Manuel Mendieta, 96, Albertina Vega, 99, Betty Hibbard, 84, Carlos Canal, 93, Martha Murray, 94, Delores Beamonte, Miguel Franco, 92, and his wife, Cecilia Franco, 90.Bolger said the nearly two-year investigation involved the State Attorney of Broward County and the U.S. Department of Health and Human Services. Detectives interviewed more than 500 people, reviewed 400 hours of surveillance video and collected more than 1,000 pieces of evidence, including 55 computers.Ilham Soffan, an attorney for Meggie, portrayed her client and the others charged as scapegoats. Meggie, Soffan said, was filling in at the center because it was short-staffed on the day the power went out.“She did the best that she possibly could do under the circumstances,” Soffan told ABC News affiliate WPLG-TV. “She actually is not a permanent employee. She came in to assist.”Another attorney for Meggie, David Frankel, said at a news conference on Monday that Meggie will fight the charges. He said Meggie and the other nurses called the Florida Power & Light Company numerous times in an attempt to get the power at the center back on.“They were calling the emergency operations center from the governor’s office and they were calling the governor himself who was posting his cellphone number on television saying for people to call if there was an emergency,” Frankel said. “Those people never responded and never came.”Attorneys for the other suspects could not immediately be reached.Asked why the owner of the center had not been charged, O’Brien said the investigation is ongoing and more arrests are expected.“I head some comments that we arrested low-hanging fruit,” O’Brien said. “I can tell you that somebody’s status in the organization had zero impact on our decision to charge these individuals, whether they’re the most junior person in the organization or the most senior.”Copyright © 2019, ABC Radio. All rights reserved.
BCFC/iStock(DALLAS) — A Texas jury rejected former Dallas police officer Amber Guyer’s self-defense claims and convicted her on Tuesday of murder in the fatal 2018 shooting of an innocent man eating ice cream in his own home after mistaking his apartment for her own.The 12-member jury reached its verdict deliberating for less than two days. Guyger stood and stared at the panel as the jury foreperson read the decision of guilty.The family members of Botham Jean, the neighbor Guyger shot to death on Sept. 6, 2018, burst into tears as the jury granted them a measure of justice.The 31-year-old Guyger, who was fired from the Dallas Police Department days after the shooting, faces a prison sentence of five to 99 years.The verdict followed a trial lasted a little over a week, in which the jury was sequestered the whole time.The Dallas County jury began deliberations Monday afternoon after prosecutors told them in their closing argument that Guyger made a series of “unreasonable decisions” that cost an innocent man his life. Defense attorneys countered that she made “reasonable” mistakes that led her to resort to lethal force because she believed her life was in jeopardy.The jury came to its decision after asking for clarification on the definition of manslaughter and a clearer explanation of the Castle Doctrine, a legal protection for a homeowner who uses deadly force inside their home against an intruder.Guyger’s defense team attempted to use the Castle Doctrine, which is similar to Florida’s “stand your ground” law, as a defense, arguing that while she was in the wrong apartment, in her mind she believed she was in her own unit, which was a floor below Jean. The prosecution countered that the Castle Doctrine did not apply in the case.Before the jurors began deliberations, Dallas County District Court Judge Tammy Kemp gave them a series of instructions, including offering the panel the option of weighing whether Guyger committed murder or manslaughter when she mistakenly entered the apartment of her neighbor, Botham Jean, and fatally shot him believing he was an intruder.In his closing argument on Monday, Dallas County Assistant District attorney Jason Fine stood before jurors and asked them to reject Guyer’s “crazy” contention that she shot the 26-year-old Jean in self-defense because she believed she was in her own apartment and that the victim, who was sitting on his couch eating ice cream, was going to kill her.Fine began by reading from a piece of paper an excerpt from Guyger’s testimony last week, in which she said, “I never want anybody to have to go through or even imagine going through what I felt that night.”“Are you kidding me? That is garbage,” Fine said, crumpling up the paper and throwing it in the trash. “Most of what she said was garbage. Ninty-nine percent of this trial has been about the defendant.”Fine asked the jury to put themselves in the shoes of both Jean and Guyger when they entered the deliberation room.“He’s eating ice cream on his couch. So, if you’re sitting and eating ice cream you get shot in the heart? Is that what we’re saying?” Fine said.“This has to do with that defendant making unreasonable decisions that put her in that seat and Bo in the ground,” Fine said pointing to Guyger at the defense table.Guyger, who had been a Dallas police officer for four years, testified in her own defense.She told the jury that on the night of the shooting she was tired from a long day at work and mistakenly parked on the wrong floor. She said the parking floors at her apartment building were not clearly marked.She reenacted how she reached the apartment door, with her backpack, lunchbox and police vest in her left hand, and testified that she heard the sound of someone walking inside.When Guyger put the key into the lock that night, she said she noticed the door was “cracked open” and that putting the key into the lock forced the door open to the dark apartment. Guyger said she had experienced problems getting the door to lock completely at her apartment.Jean, an accountant for the international auditing firm PricewaterhouseCoopers, was sitting on his couch when Guyger opened his front door and shot him without giving him a chance to surrender, prosecutors said.Guyger said she saw the silhouette of a figure, so she pulled her “gun out and I yelled at him.”She told the jurors the figure was moving around and she could not see his hands, and that the man “was yelling, ‘Hey! Hey! Hey!’ in an aggressive voice.”Guyger reenacted the next moment for the jurors, holding her right hand out as if she was holding a gun. Guyger said Jean was moving toward her when she fired.Her attorney asked why she fired, and Guyger replied, “I was scared he was gonna kill me.”Copyright © 2019, ABC Audio. All rights reserved.
iStock(AUBURN, Ala.) — The suspect charged with kidnapping 19-year-old Aniah Blanchard, the stepdaughter of UFC heavyweight fighter Walt Harris, has been ordered by a judge to take a DNA test, according to reports.Blanchard was last seen at a convenience store in Auburn, Alabama, on Oct. 23. Surveillance video from inside the convenience store showed both Yazeed and Blanchrad inside at the same time, and a witness outside the store said he saw Yazeed force her into her car, according to an arrest affidavit.The witness who saw Blanchard being forced into her car told police that he cried after not immediately telling police about the encounter, saying his girlfriend told him not to get involved, Mixon said.Yazeed was arrested on Nov. 7 in Escambia County, Florida, and was extradited back to Alabama. He is charged with kidnapping in the first degree, a designation that includes the intent to inflict physical injury.When he was arrested in Pensacola, Yazeed allegedly admitted to authorities that it was him in the surveillance video but requested legal counsel after, prosecutors said in court, ABC Birmingham affiliate WBMA-TV reported.It was also revealed in court that a man had driven Yazeed from Montgomery to Pensacola, according to the station.Blanchard’s vehicle, a black 2017 Honda CRV, was found on Oct. 25 near an apartment complex in Montgomery, Alabama, about 50 miles away from the convenience store. She was reported missing by her family the day before.Blood evidence “indicative of someone suffering a life-threatening injury” was found on the passenger side of vehicle, according to the arrest affidavit. The blood was confirmed to be Blanchard’s.At the time of Yazeed’s arrest, he was out of jail on $60,000 bond. Bush denied a request from Yazeed’s defense attorney to grant Yazeed bail as well as a request to have prosecutors disclose the identity of the witness.Yazeed has 26 prior arrest, prosecutors said in court, according to WBMA-TV.Yazeed’s attorney, Elijah Beaver, declined to comment on the case to ABC News, citing a gag order imposed by the court.Copyright © 2019, ABC Radio. All rights reserved.
New York Police Department(NEW YORK) — The New York Police Department is investigating whether a 16-year-old girl who was reported kidnapped Monday night may have staged the whole ordeal. Karol Sanchez was walking along Eagle Avenue near East 156th Street at around 11:20 p.m. with her mother when two men stepped out of a vehicle, grabbed her and dragged her inside the car, according to the New York City Police Department. But detectives are now investigating whether Sanchez staged the incident, according to police sources. She was interviewed at the 40th Precinct in the South Bronx on Tuesday night. Her mother told police she was considering moving the family to Honduras and detectives are considering whether that played a role in the teen’s decision. The NYPD had previously celebrated her safe return.On Tuesday, she was located after she walked up to her relatives’ apartment building in the Bronx, sources told ABC News. Sanchez has since met with police and is now on her way to the local precinct, the sources said.Grainy surveillance video showed the apparent kidnapping and Sanchez’s mom can be seen in a struggle with one of the men before he pushes her to the ground.She was left at the scene and was not injured, according to police. The car could be seen fleeing eastbound on East 156th Street.Two other men were in the car at the time of the alleged kidnapping, police said. Authorities described the vehicle as a beige-colored four-door sedan.An Amber Alert was issued Tuesday in New York and authorities feared she may be in “imminent danger of serious bodily harm and/or death,” according to the Amber Alert.Copyright © 2019, ABC Audio. All rights reserved.
ABC’s @sramosABC is at Joe Biden’s childhood home in Scranton PA where someone dropped off “4” and “6” balloons. Address is 2446 & the homeowner (who bought it from the Bidens in the late 1950s) is highlighting last 2 digits in honor of the soon to be sworn in 46th President pic.twitter.com/GjuCQggTAV— Karen Travers (@karentravers) January 20, 2021One well-wisher left balloons with a “4” and a “6” in the front yard.Copyright © 2021, ABC Audio. All rights reserved. Michael Loccisano/Getty ImagesBy STEPHANIE RAMOS and EMILY SHAPIRO, ABC News(SCRANTON, Pa.) — A steady line of supporters dropped by President Joe Biden’s boyhood home in Scranton, Pennsylvania, to snap photos on a snowy inauguration morning.The woman who lives there told ABC News she is absolutely thrilled about Biden’s inauguration.She said she bought the home from the Biden family in 1962. The house belonged to Biden’s maternal grandfather, and the president lived there until he was 10 years old, according to the owner. Biden, she added, has visited often.On Election Day 2020, Biden stopped by and signed a wall in the home, “From this house to the White House with the grace of God. Joe Biden 11-3-2020.”For Inauguration Day, the owner is flying the American flag and highlighting the “46” in the house number, “2446.”
Wanted: your drive and commitmentOn 1 Jun 2000 in Personnel Today Previous Article Next Article Comments are closed. Makea real difference to the skills of your future workforce by getting involved inthe new Learning and Skills Council, entreats Nick Reilly, chairman andmanaging director of VauxhallAtsome time most businesses will find they cannot get applicants with the rightskills for the jobs they need to fill. Oftenthey find that young people lack the basics – or have qualifications which bearlittle relevance to the skills they need in the workplace.Whyare we in this situation? It is partly because presently businesses are notfully able to influence in an effective way how public funding is targeted inthe area of post-16 education and training.Nowis the time to change this. The Government is radically changing the way itfunds post-16 learning to give business a new and central role. FromApril 2001, the new Learning and Skills Council (LSC) will take on the currentTraining and Enterprise Council (Tec) network role in funding work-basedtraining (which includes Modern Apprenticeships). PowerfulTheLSC will also have responsibility for funding FE colleges and local authoritiesin respect of school sixth forms. It will therefore be a powerful public bodywith an annual budget of over £6bn. However,most decisions taken by the LSC will be made at local level, by its 47 local arms,each of which will have boards made up of at least 40 per cent business peopleSowhy should businesses get involved? The success of the Learning and SkillsCouncil will depend to a large extent on the business people who will sit onthe national and local boards. Weare looking for talented and motivated people from a wide variety of businessbackgrounds – and not just large employers. Small businesses are the backboneof our economy and their voice must be heard too.Thelocal Learning and Skills Councils will take important decisions about post-16education and training in their own area. Labourmarkets are predominantly local; and most small and medium-sized companiesrecruit directly from this local market for all their staff. EffectivetrainingItis business people who understand the needs of the local economy, what skillsgaps there are, and what type of effective training is required.Developingand improving links between business and schools will be another way that thelocal LSCs will drive up the availability and quality of training for youngpeople. Businesssupport for schools can have a huge positive impact on raising standards,developing key skills and preparing young people for adult and working life.Thesuccess of our businesses is tied in with the success of the Learning andSkills Council. Iwant to encourage people with a proven track record in business to play theirpart as board members.Thestructure of a powerful new organisation is being put in place. We must makesure that the people who take up the positions that have been reserved forbusiness, make the most of that opportunity.Iurge business people to apply for board positions on the new Learning andSkills Council, and supply the drive and commitment to making learning work forour economy in the future.NickReilly chairs a group of business people set up to encourage businessinvolvement in the new Learning and Skills Council. Information on how toapply, and electronic application forms, are available at www.getonboard.org.uk or telephone theLSC appointments team on 0114 259 3716. Related posts:No related photos.
Previous Article Next Article CAC’s mediation role is called into questionOn 13 Jun 2000 in Personnel Today Comments are closed. Employers and legal experts questioned this week whether the mediating body that will resolve union recognition disputes can do its job properly.The claims came after it emerged that firms fighting recognition rights with unions will be told by members of the Central Arbitration Committee not to tell them everything, as it may have to use that information against them later.The revelation questions the ability of the CAC to play any meaningful role in helping employers and unions reach an amicable agreement on recognition – one of its main duties.The problem is caused by the CAC’s conflicting role as both mediator and judge. Its first duty is to act as go-between, listening to each side’s position and trying to broker an agreement. It will consider which employees should make up the bargaining unit and how the process should work when a union makes a claim for recognition.But if an agreement cannot be reached it will act as judge and impose a decision. Anything it has learnt in the mediation process will influence its decision.Raymond Jeffers, head of employment law at Linklaters said the CAC’s role as mediator will be compromised as employers will not be able to speak freely.Sir Michael Burton, chairman of the CAC admitted that it will have to advise employers not to tell it certain things. “We will have to say there are certain facts that we won’t be able to put out of our minds,” he told Personnel Today. “We may say to someone ‘don’t tell us that, keep it for Acas or for yourselves’.”Michael Gooddie, HR director at GNER and an expert in industrial relations, said the success of mediation depends on honesty and openness. “Everything has to be brought out into the open. What is not brought out will potentially wreck the process downstream,” he said. www.cac.gov.uk Related posts:No related photos.
Previous Article Next Article Comments are closed. The US navy has launched an on-line learning service for its 1.2 million personnel. The Navy Learning Network will provide round-the-clock access to on-line training courses in command, control, communications, IT and intelligence for sailors on active duty and reserve and navy civilians worldwide. The system electronically captures details of performance, enabling the navy to track individual training and skills development across each individual’s career.IT skills crisis case presented to Irish PM Irish prime minister Bertie Ahern met with representatives from an IT training company recently to discuss the IT skills shortage and what can be done about it. Research carried out by QA Training and presented to the prime minister at the meeting showed that nearly six out of 10 managers in IT companies see the skills shortage as a major problem and more than half are finding it difficult to retain staff.Australian firm eases stress with rain forest In an attempt to make its staff more productive, Australian utility company Powerlink has recreated a rain forest in its offices. Two levels of open-plan offices have been built around a central 850m2 atrium containing a running stream and rain forest plants known for their ability to absorb large quantities of carbon dioxide. Research by Washington State University in the US has shown that introducing plants into sterile working environments not only cuts stress but improves concentration and productivity.Non-standard contracts on the rise in States Temporary and other non-standard contracts of employment are increasingly being used by US companies, with three in 10 staff being employed in this way, the Bureau of Labour Statistics has found. The number of people working through temporary agencies grew from 250,000 in 1973 to 3 million in 1997. Meanwhile, thousands of other people are working as day labourers, independent contractors, part-timers and on-call workers. International news: On-line learning launched for US naval staffOn 5 Sep 2000 in Personnel Today Related posts:No related photos.
Fun-style intranet keeps staff keen and involvedOn 4 Sep 2001 in Personnel Today If employee portals and corporate intranets are to be exploited to the full,they need to become as important a bookmark to the employee as CricInfo is tothe cricket fan or ft.com to the share trader. After all, we know from thedotcom crash of last year that it isn’t enough to put a website up and expectpeople to use it. And much like a B2C website, B2E sites must offer compelling content. Global IT services company Wipro believes it has come up with a successfulformula by incorporating a fun element into its portal, Channel W, which aimsto be the single window through which its 9,500 “Wiproites”, spreadacross more than 10 countries (with headquarters in India), can interact andbond with each other. “We were redesigning our intranet and realised what we had was ratherflat. We wanted something that would mean that employees went to it of theirown volition,” says George Joseph, manager of talent engagement anddevelopment at Wipro. The average age of Wipro employees is 26 and they are, typically,”talented and fun-loving”, spending most of their time in front ofthe computer. With this in mind, Channel W has been designed to look more likea youth portal and, in addition to self-service HR tools and a knowledgemanagement system, staff can use it to organise their social lives, buy andsell items and set up interest groups. Feedback is encouraging, with the majority of areas actively used. The buyand sell section, for instance, is heavily populated because of all therelocation going on within the company. “I’ve just moved to London fromIndia and used it to dispose of some of my possessions,” says Joseph.”You can sell whatever you like, and it doesn’t need administratingbecause the buyers and sellers interact directly.” As well as helping to sort his home life out, the self-service HR side ofthe portal has immeasurably helped in his working life too, says Joseph.”It has let me concentrate on the more value-added and forward-thinkingareas of HR.” Those working on projects together can also brainstorm online and it giveemployees on the shopfloor a chance to have a direct line to senior personnel. The serious side to the portal is its role as a corporate communicationsdevice and as a hub for the company’s collective knowledge. As aknowledge-intensive company, which is growing at a rapid pace, it knows it mustuse the technology to manage and share this knowledge. As Vivek Paul, Wipro’svice-chairman, explains, “Managing our intellectual capital efficientlyhas become one of the most critical factors that will help create businessvalue and provide competitive advantage for Wipro as an organisation. Channel Wis a vehicle to achieve this.” Wipro has also opened the portal up to clients to act as a showcase for thecreativity in the company and this has led to customers expressing an interestin having one of their own. But they don’t come cheap: the cost of developing a full-functionalityportal like Channel W is $3-5m, while a scaled down version would cost about$1m. “When we delivered Channel W, we did not do it with the intention ofhaving a saleable product,” explains Paul. “Sometimes you do something that you think is smart for yourself andrealise it can be sold to others.” www.wipro.com Previous Article Next Article Comments are closed. Related posts:No related photos.
The CIPD should focus on developing senior HROn 5 Mar 2002 in Personnel Today Related posts:No related photos. Comments are closed. This issue focuses on the tools HR people are using to demonstrate theimpact of their interventions on the bottom line. If you want to know where tofind the relevant articles, you’ll find the page numbers promoted prominentlyat the top of the front page. The use of metrics, balanced score cards, performance indicators and a wholeparaphernalia of related approaches is increasing as HR directors fight forcash for their initiatives and try to justify their existence. Butdemonstrating the value of progressive HR practices is really only the firstphase of a mammoth challenge – the ultimate aim should be to get board membersto view their staff as a value, or an asset that can be calculated, rather thana cost. As HR directors know to their frustration, there is still a long way togo. This is despite the fact that the CIPD has banged on about the evidencedemonstrating the impact of progressive HR practices on the bottom line atevery available opportunity. This is all very well, but the way to change theminds of top executives is to demonstrate the value of HR in a language theyunderstand, and to show it working in their organisations. There are manyhigh-calibre HR directors already achieving this, but they are in great demand.Real change will only come when there is a much bigger pool of senior HRprofessionals with the experience and capabilities to drive this agendaforward. The problem is that at the moment there is a vacuum in HR managers’continuing professional development at the highest levels. Every time senior HRpeople gather they bemoan the fact that the CIPD qualification has no relevanceat their level. Sadly, they also point out that the institute is making noconcerted effort to fill the gap in senior HR development. If the institute won’taddress this need, then someone else will have to. By Noel O’Reilly Previous Article Next Article
PeopleOn 12 Mar 2002 in Personnel Today Previous Article Next Article Related posts:No related photos. Looking after the nation’s collection of film and moving image culture mustclass as the dream job for anyone who considers themselves a cinema fan. Somany must envy Jill McLaughlin, who has landed the role of planning andresources director at the British Film Institute. “I am thrilled to have been given the responsibility for overseeing themanagement of the Bfi’s human resources. This new position creates a greatopportunity for me and my team to develop quality support services,” shesays. “As a keen popular cinemagoer I am also looking forward to learningmore about the scope and impact of film.” Before her appointment, McLaughlin enjoyed three months off between jobs andoccupied herself with holidays to Vietnam and Lapland as well as visits tocultural sites around London. She is now focused on making a positivedifference to HR at the Bfi. “HR can help the Bfi achieve its objectivesby developing a sustainable change programme that results in a customer-focusedorganisation,” she says. “I hope people within the organisation view HR as being a team thathelps the Bfi achieve its aims and that the HR team and myself can make apositive difference.” McLaughlin enjoys helping people perform better and is looking forward toworking in an environment influenced by creativity and the arts. “Whetherthis is by improving communications, a new appraisal scheme, a managementdevelopment programme or just good listening and advice – HR impacts throughoutan organisation and I enjoy that aspect. “I’m most looking forward to the completely different environment, thevariety of responsibilities that will require me to use some of my generalmanagement experience.” CV2002 director of planning and resources, The British FilmInstitute2000 HR/central services director, Adepta Services1994 Personnel and training director, CSL group1993 Central services management, Deloitte& ToucheOn the moveConal Scholes is the new humanresources director at TDG European Chemicals. Reporting to managing directorGraeme Rooney, Scholes’ initial focus will be on efficiency, utilisation,industrial relations, employee involvement practices and performancemanagement. He will also be responsible for group-wide management developmentinitiatives at the firm’s training centre in Manchester. Previously he gainedexperience at Mitsubishi, Northern Foods, BBC and in the health sector.FundsHub, which supplies software forfinancial service companies, has made Mike Blakemore head of development for ateam of software developers. He joins from lastminute.com where he was head ofdevelopment, responsible for creating and managing the software team thatcreated lastminute.com’s website. He will run the team working on the company’sinternet-based fund distribution platform.Tony Molloy has been recruited as HRcontroller for Stanley Leisure’s betting division. He joins from UnitedBiscuits where he was HR manager for the supply chain division. He will beresponsible for all HR activity for the 3,000 employees in its UK bettingshops. Molloy, who began his career at Unilever as an industrial relationsofficer, was employee relations manager at NFC and a regional personnel managerat Littlewoods. Comments are closed.
Related posts:No related photos. The report into the failure of the Individual Learning Account scheme, whichfolded in November last year, has recommended that employers should be involvedin the promotion of any replacement initiative. The scheme, which entitled people to grants of up to £200 towardseducational courses, was launched in September 2000 but collapsed after it wasrevealed that some registered training providers were making bogus claims. The report also calls for a replacement scheme to be set up, for adults whoonly have GCSE qualifications rather than the previous approach where alladults over 19 were eligible for ILAs regardless of their qualifications. The CIPD called for any future scheme to provide funding for individuallearning using bankor building society accounts rather than the previousvoucher system. Jennifer Schramm, training and development advisor, said: “In Sweden,they use a real account only available to people on low incomes, topped up bythe government. Whatever is in the account when the person retires ispensionable.” Comments are closed. Previous Article Next Article Employers must promote replacement ILA schemeOn 7 May 2002 in Personnel Today
Comments are closed. Previous Article Next Article Hospitals fail to protect staffOn 2 Aug 2002 in Personnel Today Hospitals are failing to manage the occupational exposure of theirhealthcare staff to blood and body fluids, according to doctors at London’s StThomas’ Hospital. Out-of-hours management of occupational body fluid exposures, particularlywhen it came to prescribing post-exposure prophylaxis against HIV, wasinconsistent with in-hours practice. A total of 177 body fluid exposures were reported over a six-month period,109 of which were initially assessed in the OH department and 68 in A&E. Of those originally assessed in A&E, only 21 attended the OH departmentfor follow-up. Occupational and Environmental Medicine 2002; 59: 415-418. Related posts:No related photos.
Comments are closed. Related posts:No related photos. Private sector employers taking on public sector staff as a result oftendering will have to match their previous terms and conditions, includingpensions, according to a new code of practice. The code, due out imminently, also aims to quell union complaints about atwo-tier workforce by ensuring employees recruited by the private sector areoffered “broadly comparable terms and conditions” to thosetransferring from the local authority says???. It is expected to form part of the conditions of all local authoritycontracts as well as transfers following retendering and will apply theprinciples set out in the Cabinet Office Statement of Practice on StaffTransfers in the Public Sector. This states staff should transfer under theprotection of the TUPE regulations. Private sector employers must make pension provision that is actuariallycertified as being “broadly comparable” with the public servicescheme and allow staff to transfer their accrued service credits. New recruits must be offered employment on “fair and reasonable”terms and conditions which are, overall, broadly comparable to those of thetransferred employees, and must include an offer of “reasonable”pension arrangements. “In many ways the code is what many organisations with good personnelpractices have already been following,” said Mary Mallett, deputyvice-president of Socpo. But John McMullen, head of employment at Pinsent Curtis Biddle, said thecode would significantly reduce employers’ ability to negotiate flexibleagreements on staff transfers. Previous Article Next Article Private sector must match public transferors’ terms and conditionsOn 1 Oct 2002 in Personnel Today
Previous Article Next Article The gap between men and women’s wages has widened for the first time since1997. According to the New Earnings Survey statistics by the Office for NationalStatistics, women who work full-time earn just 81.2 per cent of the averagefull-time male wage, compared to 81.5 per cent in 2001. They also show thatpart-time female staff earn 58.9 per cent of the male full-time average hourlywage, compared to 58.7 per cent in 2001. The Office for National Statistics said the boost to low-earning women’ssalaries from last October’s increase in the minimum wage, was wiped out by theimpact of large pay rises for male professional and managerial workers inLondon. The widening pay gap has also been attributed to big pay deals for theCity’s predominantly male workforce over the past year. Chair of the Equal Opportunities Commission Julie Mellor said: “Womenwho work part-time pay a heavy price for not working the traditionalnine-to-five. Those in typical part-time jobs such as cleaning or catering,which offer the flexible hours they need to look after their children, findthere are low hourly rates of pay. We just don’t put a proper value on thesetypes of jobs because they have traditionally been done by women,” shesaid. “Britain’s woeful record on pay has to change if we are ever to see amore equal society. It will only change if companies of all sizes review theway that they pay their staff. It is not enough to recognise the problem. Overthe longer term the Government needs to look at why women’s jobs remainundervalued and underpaid.” The EOC has developed an Equal Pay Kit to help employers carry out payreviews, and also developed guidance for software producers developing ITpackages which can be used to assess companies’ pay systems. www.eoc.org.uk Comments are closed. Related posts:No related photos. Equal pay gap widens for first time in five yearsOn 29 Oct 2002 in Personnel Today
Comments are closed. Previous Article Next Article Related posts:No related photos. This month’s e-learning news in brief– This year’s British Association for Open Learning Conference will givedelegates a chance to conduct a learning and technology audit designed to helpthem choose their own best learning methods and materials. This is just one ofthe case study workshops taking place at the event, being held at the ScarmanHouse Conference Centre in Warwick on 29-30 April 2003. www.baol.co.uk– Online testing portal Skillsarena has added a remote testing ability toits service, which enables organisations to create and administer testing ofits workforce ‘from anywhere, to anyone and on anything.’ Employees can alreadybe tested in areas such as Microsoft Word and Excel and speed typing and dataentry. www.skillsarena.com– LMS provider Thinq has achieved adopter status for the e-learningspecification model SCORM – the Sharable Content Object Reference Model. Scormstandards aim to drive the e-learning industry forward by promotinginteroperability between different systems and software. www.thinq.com– Futuremedia is designing and developing a £144,000 communication packagefor agribusiness Syngenta, aimed at educating its sales and marketing teamsthroughout Europe on a new product to be launched later this year. www.futuremedia.co.uk E-learning news in briefOn 1 Mar 2003 in Personnel Today
Ahost of legislation kicks in when an outsourcing deal is under way. Learn from the most common mistakes, to makesure that everyone – and everything – is covered. Helen jerry reportsOutsourcing– which involves the transfer of employees between a customer and supplier –presents complex legal issues. When a business unit changes hands a host oflegislative issues relating to employment rights arise. But practical actionscan prevent or overcome a number of nightmare situations.Theterms and conditions of employment for outsourced staff in the UK are protectedby the Transfer of Undertaking (Protection of Employment) Regulations (TUPE),which are derived from European legislation under the Acquired Rights Directive(ARD). TheARD places unexpected restrictions on employers when outsourcing staff andprevents the outsourcing of workforces without employers taking proper steps toinform and consult with staff about the expected impact.–Mixing business transfers with business downsizing and redundanciesInsome instances, economics may require an employer to undertake an outsourcingproject and cut jobs at the same time. Business transfers of employees andredundancies can clash. To avoid the clash, employers needs to be clear on thefacts behind its strategy. Will the downsizing and business transfer besimultaneous? If so, are the two related? If there is a relationship, then theemployer may face claims because job losses connected with the TUPE transfermay automatically be unfair. Consequently, the employer faces an expensive andmessy situation – and a public relations crisis.Ifthe employer can show the two issues are not inherently related, however, itmay have a statutory defence to the claims, an ETO (economic, technical ororganisational) reason entailing changes in the workforce, which should defusethe crisis.Toshow the transfer and redundancies are unrelated, a paper trail, proving theETO, is important. But to avoid the necessity of proving the ETO at allrequires effective communication with the workforce. Properly informed staffare less motivated to make claims.Ideally,communication begins before the formal consultation processes. An employer haslegal duties to inform and consult under TUPE and in mass redundancysituations. This can mean managing several streams of parallel and possibleoverlapping consultation (under TUPE, collective redundancy legislation and onindividual redundancies) at the same time. Thehuman resources department will need to ensure employee representatives are inplace, that the right people are consulted on the right matters, and that theaims (commercial and legal) of each consultation are borne in mind throughout.Early, transparent communication will alleviate the stress of this. –Failing to spot the impact of the deal’s employee dimension on timeframesAnemployer may be wholly unaware that the TUPE regulations require consultationwith employees – and that these duties must be factored into the outsourcingtimetable. Early liaison between HR and the commercial team is essential sothat the facts of the outsourcing can be established and the risks of failureto inform and consult staff flagged. Furthermore,HR’s early involvement enables that team to understand the scope of the dealand the headcount involved as well as identifying the necessity to consult, ifapplicable. Any changes to staff conditions or benefits mean consultation mustgo ahead.Theactual impact on timing will depend on all the facts. If there is asimultaneous downsizing exercise, and multiple jurisdictions are involved,consultation on the outsourcing may involve a period of up to a year or more insome European countries with criminal, as well as civil, penalties for failureto comply with the law. For unprepared employers, this can mean an unacceptablelevel of delay in deal timeframes and frequently “difficult” European countriesare removed from scope at short notice where insufficient planning has beenprovided for. Commercially, this is usually an undesirable outcome.–Failing to look at the end from the beginningAnoutsourcing company must think now about what will happen at the end of itsoutsourcing contract. When the contract is about to expire, and the servicesare offered for tender to new suppliers, the customer must identify theprovisions, if any, which will assist a potential retransfer either backin-house or on to a new supplier. Withoutthe right contractual framework, the employer may be unable to identifyaccurately how many people will be transferring, what their terms andconditions are and also what potential claims are lurking that will transferwith the staff; under TUPE, the liability for most claims transfers to the newemployer. This onus of responsibility can be amended by tight contractualdrafting. Therefore, what liabilities the parties are prepared to accept, bothat the beginning and end of a contract, must be established when the contractis initially drafted. Specific termination assistance should be included, suchas a requirement for the provision of: –Employee information–A hands-off period for key, and potentially transferring, staff–Transfer of key individuals who may not be covered by TUPE –Indemnities for apportionment of risk–Obligations impacting successor suppliers.Thesupplier will only be prepared to discuss these terms at the beginning of acontract, rather than at the end when it risks losing out to a competitor.–Ignoring third-party employeesATUPE outsourcing may unexpectedly involve the movement of staff in addition tothe obvious dedicated workforce. To avoid difficulties with both claims fromunidentified additional transferring employees, as well as the difficultiesposed by the non-transfer of key individuals, an employer should carefullyidentify as soon as possible who is in scope and who they work for – andwhether they are likely to transfer under TUPE. Foursets of people to consider are: the employer’s own employees; those who arededicated to a service that has already been outsourced; any subcontractoremployees; and individual contractors. The complications of failing to identifythe actual transferring workforce are many.Forinstance, thought needs to be given as to which party picks up the costs offailing to inform and consult with any additional employees who transfer.Further, in Europe, subcontractor staff do not normally transfer across underthe Acquired Rights Directive. However, if the subcontract under which theywork allows the customer control over their day-to-day working then they mayclaim co-employment by the customer and, as an employee, they could claim theytransfer across to the customer’s supplier. And so on.Toiron out any co-employment issues that may arise in Europe, local legal adviceshould be taken early on. –Ignoring a European Works CouncilInthe rush to contract-out services, a company may misunderstand the role of itsWorks Council. Lawyers will normally use this term to refer to the EuropeanWorks Councils set up under European legislation, but in many organisations theterm is actually commonly used to refer to local employee representative fora. Theconfusion becomes a problem when a company believes it is complying with itsduties to consult with its Works Council, but it is actually talking only tolocal employee representatives in each country. Both sorts of works councilswill need to be involved in consultation, both in accordance with theirconstitutions.–Failure to understand the impact of data protection lawThereis a prevalent misconception about how much information can be shared with apotential supplier at each stage before completion of an outsourcing. If anemployer gives away too much specific personal information (such as salary)during due diligence without express consent of an individual, it is likely tobe in breach of the European Data Protection Directive. To avoid this, ensurepersonnel information is anonymous and relates to bands of employees. Becertain that detailed information cannot be specifically linked to any oneperson. Immediately before completion,more specific information can be shared, for instance, to facilitate seamlesspayroll provision.–Failing to consider the effects of an outsourcing that covers more than onecountryWhenan outsourcing covers more than one country it may be complicated by mixingvarious legislative frameworks together. Problems arise with an agreement thathas been drafted with the legislation of one country in mind but which is thenrolled-out and applied to a number of countries. Wiseoutsourcing companies will factor in the time and cost of getting local adviceabout whether the contract terms are lawful or enforceable in each specificjurisdiction. It is vital to make any necessary local variation agreements toensure contractual certainty. This process can be complicated by differences ofopinion between local lawyers taking a purist approach and in-house humanresources departments that have local understandings and agreements with staff.Factorin the time necessary to get the necessary advice and to ensure the advicereceived is consistent and accepted locally. If not, multi-million eurotransactions may be held up at the last minute for lack of agreement in ajurisdiction with only a handful of affected staff.ConclusionTosummarise, the common pitfalls encountered in the people aspects of anoutsourcing deal can all be minimised in most cases by: early fact-finding; arealistic approach to the timing needed to ensure compliance with the statutoryregime; and an open, and open-minded, approach to communication with staff. Affectedemployees are real people with real jobs – and while they rarely have theopportunity to stop a company doing what it wants, they will have the power tomake the process as easy – or as painful – as the company makes it for them.HelenJerry is head of employment law at Shaw Pittman UK Related posts:No related photos. Seven deadly sinsOn 1 Nov 2003 in Personnel Today Comments are closed. Previous Article Next Article
This week’s International newsOlympics in jeopardy as builders walk out Greece’s preparations for the Olympics hit a further stumbling block afterconstruction workers went on a 24-hour strike over pay. Thousands ofconstruction workers in Athens did not turn up for work after rejecting a 3.2per cent pay rise. The General Confederation of Labour trade union is demandingan 8 per cent hike in wages. Commenting on the employers’ pay offer, the unionsaid: “If these provocative positions are maintained, a conflict will beinevitable with all its consequences for the country’s priorities ahead of theOlympic Games.” The strike took place on the same day as the ceremony tomark the arrival of the Olympic flame in the Greek capital. German engineering giant sheds 2,500 jobs Siemens, the German engineering company, says plans to offshore jobs tocounter mounting competition from Asia and high domestic labour costs willaffect around 5,000 staff. The company, one of Germany’s biggest employers,will cut 2,500 jobs in the country as a result of the plans, and another 2,500local staff will have to change job or location, a company spokesman said.Siemens employs 170,000 staff in Germany, but has cut 35,000 jobs worldwide inthe past three years and 60 per cent of its workforce is now abroad. Lastmonth, Gerhard Schrîder, the German Chancellor, called offshoring‘unpatriotic’. Chinese graduates desperate to show ‘skills’ Female graduates in China are getting so desperate for jobs that some areattaching revealing photos of themselves to their CVs, together with details oftheir dancing and drinking abilities. The China Daily newspaper reports thatgender bias means female graduates are often shunned for jobs and so areturning to ever more imaginative ways to entice potential employers. Some womenare pictured in mini skirts or bikinis, while others tell of their abilities inthe field of singing and dancing, according to the newspaper. China has equalopportunities legislation, but Beijing Municipal Women’s Federation said therewas “a lack of implementing measures to help achieve that goal”. US economy bounces back with new jobs The US economy created 308,000 jobs in March, the largest monthly increasein four years, and shattered the 200,000-per-month gain expected in times ofeconomic recovery. The news comes after repeated attacks by presidentialcandidate John Kerry, who had criticised low job creation under George Bush andthe Republicans. The unemployment rate rose from 5.6 per cent to 5.7 per centas more workers came into the market, according to the US Labour Department.”Today’s employment report clearly demonstrates the positive impact thePresident’s pro-growth economic policies are having on job creation,” saidUS treasury secretary John Snow. Call for rights for Ireland’s migrant workforce The Human Rights Commission and the National Consultative Committee onRacism and Interculturalism have called for government action to tackle theexploitation of migrant workers in Ireland. The two groups launched a reporttoday recommending ways to make government policy friendlier to migrants andways to integrate foreign workers into Irish society. Maurice Manning, thepresident of the Human Rights Commission, said such workers should be treatedas human beings rather than economic entities. He also said human rights mustbe a key feature of the Irish Government’s proposed immigration legislation. International newsOn 13 Apr 2004 in Personnel Today Previous Article Next Article Comments are closed. Related posts:No related photos.
Comments are closed. Previous Article Next Article ByLiz Mackenzie, Technical manager at Forbidden Technologies explains howvideo-streaming technology can help HR get its message acrossWhatis video streaming? Videostreaming digitises and compresses traditional video to allow it to be sentacross the internet. Users access these videos through a website or via ane-mail. Recipients do not need to save and download large files before viewing.Whyis it relevant to HR?Videostreaming can deliver the HR message in the most cost-effective and highlyvisual way to staff desktops across the organisation. Time and budgetconstraints mean senior management is often unable to communicate directly withall staff. With video streaming, the chief executive can be delivered direct toevery employee’s desktop. This is particularly useful for multi-site andmultinational organisations where face-to-face meetings are logisticallydifficult. It can be used to introduce new board members, HR policies orstrategies and product lines. With a video e-mail, you can also track who haswatched the video and when – great for ensuring full awareness of new HRissues.Manyorganisations currently use corporate video to outline company vision or toprovide internal training, and streaming allows every employee access to thesepresentations online. Whatare the technical issues – can anyone run it at their desk?Thebeauty of video streaming is that there are very few technical issues involved.No additional investment in IT hardware is required. If the video is compressedand streamed using the most effective technology, it can be watched byrecipients on a corporate broadband network, by remote workers dialling up fromhome via a 56K modem, or even by staff on the road, accessing the content bymobile phone or personal digital assistant (PDA). Canyou give any examples?Werecently worked with global financial services organisation, Misys, tointroduce a new departmental chief executive to all staff within days of theappointment, setting out his ambitions for the company and saying ‘hi’. WhenPierre Danon, chief executive of BT Retail, set out his vision for customerrelationship management, his presentation was videoed, compressed, and streamedto employees, as well as being uploaded to the website for external viewing. ForbiddenTechnologies also used its own solution to communicate its financial results tothe company and its 2,000-plus shareholders.Wherecan I find out more?www.forbidden.co.ukForbiddenTechnologies provides products and services that enable organisations to delivercorporate messages by video. Taking the CEO direct to the desktop worldwideOn 1 Jun 2004 in Personnel Today Related posts:No related photos.
If something works, let’s prove it – nowBy Jane King on 12 Oct 2004 in Personnel Today Previous Article Next Article Comments are closed. Leadership development can be an inspiring learning experience for the individual, but for the employer it is an expensive leap of faith. It’s puzzling that in 2004, millions are being spent on something for which there is little quantifiable evidence to prove that it works. We all want to believe that leadership development makes a difference – that there’s a causal link to employee and organisational performance – and yet we struggle to prove it. Key players in the leadership movement have been questioning the lack of effort around measuring return on investment and linking it to business goals (see page 1). Both the providers in this field and HR teams must take responsibility for this ongoing weakness. From a provider’s point of view, it seems ironic that some continue to win significant business in this sphere without providing the tools to truly evaluate their effectiveness. HR has been allowed to get away with it because few business leaders understand the concept and even fewer have actually benefited from leadership development themselves. Paul Kearns’ criticisms of the BBC’s leadership approach will have been well intended as a warning to other businesses. He has been one of the strongest and most effective advocates for the HR profession to be accountable and to get into shape with human capital management. For years, his mantra has been: talk about the value not the cost and look for outputs not inputs. The BBC defends its lack of performance objectives by insisting that it’s a public service with no bottom line. But the same applies to local government, the NHS, and all the emergency services, which are all wrestling with the challenges on a day-to-day basis. At its most simplistic, just tracking change in your leaders once they have been involved in development initiatives is a good starting point. For instance, are there differences over time and what contribution has this made towards achieving the overall strategy? Retailers, for example, are now able to quantify the relationship between the development of their leaders and increased levels of satisfied employees and customers. As the most high-profile public-sector organisation, the BBC should be aiming to set an example for the rest of the country to follow. And while financial measures may not always be the right tool for measuring success at organisations like the BBC, some attempt at evaluation is essential, even when something as subjective as creativity is a key output. Leadership providers are doing themselves a disservice if they ignore the need for hard results. There are some fantastic development schemes out there, but too many are failing to prove their worth. Related posts:No related photos.
The latest developments on agency workers’ rights have placed the spotlight on working conditions for temps. How can HR deal with them fairly and legally? Roisin Woolnough reportsThe role of temporary workers in the UK labour market has never been under so much scrutiny. Last month, the European Union confirmed that it was to agree to the CBI and TUC’s deal to give agency workers equal pay rights to permanent staff after working for an employer for 12 weeks, despite a directive pressing for those rights to be in place from day one.But that’s no excuse for employers to sit back on their laurels. Temporary staff account for three per cent of workers at any one time, according to the Confederation of British Industry. And at the moment, that demand is even higher than normal as many employers are trying to fill skills gaps without taking on more permanent employees. A report earlier this year by professional services provider KPMG and the Recruitment and Employment Confederation shows that demand for temp workers is buoyant, while permanent staff hires are in decline. The credit crunch is partly to blame, with employers loath to take on new staff in case they have to lay them off again, with all the ensuing costs and bureaucracy. Employers enjoy the flexibility of being able to take on and then shed temps as demand fluctuates, or as internal finances dictate. “There has been a shift towards some employers hiring temps rather than committing to full-time staff,” says Richard Grace, joint managing director at recruitment firm Gordon Yates. “This is because they can backpedal more easily.”Justifying the costMark Roberts, operations director at recruitment agency Gap Personnel, says employers are also keeping a close watch on the cost of temps and making managers account for any extra labour expenditure. “Many businesses are really focusing on their cost base and therefore making their senior managers justify the use of temporary labour,” he says. Susan Fanning, partner at law firm DLA Piper, thinks that – despite the EU’s decision to agree to equality after 12 weeks – the status of temporary workers is still bound to change over the next 18 months or two years. “One way or another the current position will change,” she says. “It is not clear what the next stage of the directive is, but there is bound to be some movement this year when the French get behind the [European Union] presidency this month.”Fanning says the main emphasis of the directive is on access to pay and the same benefits and employment conditions as permanent staff. There is also the controversial possibility of employment protection on the dismissal side. UK businesses have been lobbying for these changes to come into effect – if they have to – at 12 months. But at the moment, Fanning says it is looking as if the cut-off period will be six weeks. The directive is meant to protect and be beneficial to temps. However, the increased costs and administrative burden that it is bound to cause could actually work against them and lead to a reduction in demand for their services. “Although there are strong arguments for and against the AWD, the general feeling in the recruitment industry and across our clients is that it could stifle the flexibility of agency workers,” says Roberts. “Furthermore, industry analysis carried out by the CBI found that 57 per cent of companies questioned would decrease agency use under the AWD and 10 per cent would stop using agency labour completely.”Employment status claimsBusinesses don’t want the extra costs or administration and nor do they necessarily want temps to start making employment status claims. To protect themselves, Fanning says employers must make sure that all paperwork relating to agency workers reflects that they are an employee of the agency. “And be careful about including agency employees in more mainstream areas, such as training,” she says.That said, a chief complaint made by temps is that they are treated as second-class citizens in the workplace. A Gordon Yates survey found that 27 per cent of temps dislike the limited career development of temporary work, 14 per cent dislike the lack of recognition, and six per cent dislike not being part of a team. Yet, temps have a lot to offer and may even be able to teach in-house staff a thing or two. “An advantage of agency staff includes the potential extent of their experience,” says Isabelle Simon-Evans, assistant director of people and organisational development at the charity, The Children’s Society. “Experienced agency staff who have carried out a variety of placements may come with a wider knowledge base of processes and systems and an ability to hit the ground running.”Be careful that your permanent staff don’t feel outdone though. Managers need to let permanent staff know what any temps are being brought in to do and why and that everyone is to work together. Integrate the temp with your permanent workforce, particularly if it’s an assignment of some longevity. “A little bit of input and integration goes a long way,” says Grace. “Some companies are very good at bringing temps in, getting them accepted and part of the team quickly.”Take good careThe temp needs to feel an important, valued part of the workforce. If employers want to get the best out of the temps they use – and happy people tend to make better, more productive workers – they need to take care of them. This begins with induction. Induct a temp well, make sure they know what they’ve been hired to do and why and there’s a greater chance they can do the job they have been hired for.For some organisations, their casual workforce is so important that they take very good care of them. Many large retail organisations keep individuals on a database and re-hire them during busy periods. Asda has 10,000 seasonal workers on its payroll for key times of the year, such as Easter, Christmas and the current sunny season. “They are contracted to work a minimum of 10 weeks a year,” says Stuart Price from the colleague relations team at Asda. A major benefit for Asda of retaining these seasonal workers is that they can hit the ground running. “We only have to train seasonal colleagues once,” he says.Many of them will be on board now that summer is here. The agricultural industry, catering and hospitality, tourism also all make heavy use of temps over the summer months. So as HR departments build up their summer workforce, the need to think long-term about your temporary workforce is more pressing than ever. Top tips: Dealing with agency workers’ rights Don’t stick your head in the sand. The situation will continue to move this year so be ready for it Keep an eye on developments Consider getting involved on the lobbying side When new legislation comes in, make sure your paperwork reflects that agency workers are employees of the agency, not yourselves. Source: DLA Piper Previous Article Next Article Comments are closed. Related posts:No related photos. Permanent gains from temporary workers: smart casualsBy Roisin Woolnough on 15 Jul 2008 in Personnel Today
Share via Shortlink Share on FacebookShare on TwitterShare on LinkedinShare via Email Share via Shortlink TagsEuropeOffice Real Estate Chairman Edmund Cheng (Photos via Esplanade; Unsplash)Singapore-based real estate asset manager Mapletree Investments is launching a European office fund.The firm aims to raise a half billion euros, or around $606 million, for the Mapletreee Europe Income Trust and looks to reach that goal by the end of March, according to DealStreetAsia. Mapletree is targeting a 12 percent return on the fund.Mapletree seeded the fund with seven of its European commercial properties, including three in the United Kingdom and three on the European continent. The firm owns more than 100 properties in Europe, including 10 office properties.With the coronavirus pandemic squeezing landlords and driving down pricing, it’s a good time to buy. CBRE projects that office rents in the U.S. could fall by as much as 8 percent this year; some European markets could see a similar dip.Mapletree has around $60.5 billion in assets under management and is also active across Asia, Australia, and the United States. Institutional investors including pension funds and insurance companies are a large source of investment.In 2019, the firm made a push in the U.S. and European logistics sector with a $1.8 billion fund. That same year it also bought an apartment building in Chicago. [DealStreetAsia] — Dennis Lynch
Share via Shortlink Share on FacebookShare on TwitterShare on LinkedinShare via Email Share via Shortlink Tags Bryan Cranston and his California beach house (Getty, Realtor)Actor Bryan Cranston has listed the eco-friendly Ventura County, California home he built during the final season of “Breaking Bad.”Cranston and his wife Robin Dearden bought the property the home sits on in 2007 for around $2.5 million, and completed the 2,450-square-foot house in 2013. It’s listed for just under $5 million, according to the Wall Street Journal.The actor — who told the publication that he’s an architecture “nerd” — helped design the three-bedroom home, and brought in a team of designers to make it as eco-friendly as possible. The listing for the property calls it “a true net-zero build” that produces as much electricity as it consumes.Cranston told the Journal he’s selling because he doesn’t spend much time there, but initially resisted the idea of parting ways with it because of how much work was involved. He’s since had a change of heart.“There’s something lovely about creating something of tremendous pride and effort and turning it over to someone,” he told the publication.Beach houses in Southern California have sold well amid the pandemic, particularly in nearby Malibu. Tyra Banks recently bought a home overlooking the Pacific Ocean near Cranston’s target price range.Some homes have traded for eight figures: Investment banker Ken Moelis bought his neighbor’s beach house for $21.5 million earlier in February, while cosmetics mogul Chris Tawil flipped a beach house for $24 million at the end of January. [WSJ] — Dennis Lynch Celebrity Real EstateLuxury Real EstateResidential Real Estate
Share on FacebookShare on TwitterShare on LinkedinShare via Email Share via Shortlink Share via Shortlink Tower 535 in Hong Kong and WeWork CEO Sandeep Mathrani (Photos via SOM, Getty)WeWork, which recently struck a $9 billion deal to go public via a special-purpose acquisition company, is still working on its path to profitability. Part of that strategy involves shedding space around the globe.In its latest move, the co-working company exited its 90,000-square-foot office in Hong Kong, according to the South China Morning Post. That amounts to a 20 percent reduction in the territory, leaving WeWork with 360,000 square feet of office space.The company gave up eight floors at Phoenix Property’s Tower 535 in Causeway Bay.The Tower 535 office was WeWork’s first Hong Kong location when it opened in 2016. The company’s lease with Phoenix Property ends in 2025, and the early exit may result in a penalty for WeWork, according to the report.WeWork leased 830,000 square feet of office space in Hong Kong at its peak in 2019. The city’s wider property market has taken a hit since pro-democracy protests began later that year; the coronavirus pandemic has further weakened demand.WeWork’s recent move to cut space builds on new management’s mission to slash the company’s once-massive global footprint and become profitable by the fourth quarter.WeWork has been dumping leases in numerous cities for over a year. So far in 2021, WeWork has exited multiple Manhattan locations and at least one in Los Angeles.Co-working and flex-office firms have struggled amid the work-from-home world, which has reduced the need for conference room and event space, and for related office operations. Meanwhile, WeWork competitor IWG has added more than 50,000 square feet of flexible office space in Hong Kong over the last six months.[SCMP] — Dennis Lynch hong kongOffice LeasingWeWork Tags
Tags Share via Shortlink Message* The property was developed in 1991 and last sold in 2012 for $17.5 million, records show.Waterfront luxury residential sales in Palm Beach have set new records during the pandemic, in terms of both number of closings and sky-high prices.In February, private equity titan Scott Shleifer paid more than $120 million for the oceanfront mansion at 535 North County Road in Palm Beach, setting a record for Florida and marking one of the most expensive home sales in the U.S.Other recent buyers and sellers have included Steve Wynn, Greg Norman, Tommy Hilfiger and David Tepper.In the past two weeks, hotelier Beatrice Tollman sold her Palm Beach mansion at 174 Via Del Lago for $57 million. And Wynn paid $24 million for a lakefront home after flipping and buying other properties in Palm Beach.Contact Katherine Kallergis Email Address* Larry Ellison and 12525 Seminole Beach Road (Getty, Google Maps)Larry Ellison, billionaire co-founder of Oracle Corp., paid $80 million for the North Palm Beach estate owned by hedge fund manager Gabriel A. Hoffman.The sale, which closed slightly above the $79.5 million asking price, was first reported by the Wall Street Journal. It adds to a dizzying number of ultra-high-end deals to close over the past year in South Florida.Ellison is worth nearly $100 billion, according to Forbes. He’s chairman and chief technology officer of the Austin, Texas-based software company he co-founded, and was previously CEO.Hoffman heads the activist hedge fund Accipiter Capital Management.He initially listed his 7.35-acre compound at 12525 Seminole Beach Road in June with Douglas Elliman agent Gary Pohrer.Elliman agents Chris Leavitt and Ashley McIntosh, who promoted the sale on Instagram, represented the seller, while Elliman’s Tonja Garamella brought the buyer. The agents all declined to comment.ADVERTISEMENTThe Tuscan-style, 15,514-square-foot mansion has seven bedrooms, 11 bathrooms, three half-baths and more than 520 feet of ocean frontage. The property features a large private pool, theater, wine room, chef’s kitchen, tennis court, and guest suite. It’s accessible via helicopter.Read moreHedge funder’s North Palm Beach estate hits the market for $80M Sale of Palm Beach estate asking $140M sets new Florida record Hedge fund billionaire David Tepper paid $68M for Palm Beach mansion Full Name* North Palm Beach Share on FacebookShare on TwitterShare on LinkedinShare via Email Share via Shortlink
Email Address* President Joe Biden (Getty, iStock)President Joe Biden’s administration on Wednesday unveiled a $1.8 trillion spending plan that would eliminate a “special real estate tax break” for certain investors.The partial demise of that tax break, mentioned briefly as part of the American Families Plan, is just one of several policy initiatives affecting real estate that have started to take shape under Biden, some of which fulfill promises he made on the campaign trail.The president has already extended the federal eviction and foreclosure moratoriums twice and teamed up with the Democratic Congress to distribute an unprecedented $27 billion in pandemic rent relief and emergency housing vouchers.As Biden marks his first 100 days in office on Thursday, here are the five issues that the real estate industry is watching.1031 exchangesThat “special tax break” the Biden administration alluded to is the 1031 exchange. Also known as like-kind exchanges, it allows real estate investors to defer capital gains taxes by funneling the proceeds from a sold property into a new one. Ultimately, this means investors can defer tax liabilities indefinitely by repeatedly selling properties and rolling the proceeds over.The American Families Plan, which would help fund access to education and child care, would eliminate 1031 exchanges in cases where the gains are more than $500,000. Industry experts have warned that changes to the program would prove economically devastating as the nation recovers from the pandemic.Opportunity ZonesDuring his campaign, Biden vowed to reform the Trump-era tax incentive aimed at encouraging development in designated “distressed areas.” But the question remains: What exactly will his administration try to do?On the campaign trail, Biden identified a few areas he sought to change, including increasing reporting requirements for investors. He also floated an incentive for Opportunity Zone funds to partner with community organizations to ensure that investments are dedicated to distressed areas.The key concern with the program is that it has failed to fulfill its goal of infusing investment in low-income communities. The program allowed investors and developers to defer unrealized capital gains by investing in “opportunity funds” that would, in turn, pour money into underserved communities.The latest report to find fault with the program was published last week by researchers from the University of California, Berkeley. It found that only 16 percent of the 8,000-plus census tracts designated as Opportunity Zones received investment in 2019. It also concluded that much of the money was sunk into real estate, construction and finance businesses in areas “with pre-existing upward trends in population, income and home values” and with fewer elderly and non-white residents, according to the New York Times.Fair housingShortly after his inauguration, Biden signed executive orders instructing the secretary of the U.S. Department of Housing and Urban Development to study the effects of the Trump administration’s actions on key fair housing measures. One was the 2015 Affirmatively Further Fair Housing rule, which required local governments that receive federal funds to identify discriminatory housing policies and map out plans to combat them. Donald Trump repealed AFFH last summer.Another was the “disparate impact” rule, which codified a legal standard allowing claims of housing bias to move forward in cases where there wasn’t an explicit intent to discriminate. Last September, Trump upped the standards for such claims, establishing a five-pronged test for pursuing allegations of unintentional discrimination.This month, HUD took the first formal steps to reinstating the AFFH and “disparate impact” rules.InfrastructureThere is a lot packed into Biden’s $2 trillion infrastructure plan, which not only pledges funds to roads, bridges and public transit, but also proposes changes to zoning laws and the public housing system.The plan reportedly includes funding for the long-delayed Gateway Tunnel under the Hudson River, a lifeline for commuters and nearby property owners when existing tunnels are eventually shut down for much-needed repairs. It also calls for the construction or rehabilitation of 500,000 homes for low- and middle-income buyers and an infusion of $40 billion into the country’s public housing system. According to a fact sheet on the plan, Biden is also pushing to eliminate exclusionary zoning laws including bans on multifamily housing.Climate goalsLast week, the president pledged that the U.S. would halve its emissions, from 2005 levels, by 2030.The plan’s success will rely, in part, on property owners. In 2019, residential and commercial properties accounted for 19 percent and 17 percent, respectively, of carbon emissions from fossil fuel combustion, including allocated electricity emissions, according to the U.S. Environmental Protection Agency. Buy-in from those sectors will likely rely on incentives and investment at the federal and local levels in electrification and retrofitting programs.Contact Kathryn Brenzel Message* Share on FacebookShare on TwitterShare on LinkedinShare via Email Share via Shortlink Full Name* Share via Shortlink Tags 1031 exchangesJoe BidenPoliticsReal Estate Investment
Scintillation data from near Boston, U.S.A., and spread-F data from Argentine Islands, Antarctica are used to investigate the diurnal and seasonal variations of the simultaneous occurrence of medium-scale (~ 1–10 km) irregularities in the electron concentration in the F-region of the ionosphere at conjugate magnetic mid-latitude regions. It is found that these two stations near 52° CGL observe similar irregularity occurrence on ~75% of occasions at night when the data are considered on an hour by hour basis. During solstices, the relationship is dominated by occasions when irregularities are absent from both ends of the geomagnetic field lines; however, at equinoxes, periods of the simultaneous occurrence and non-occurrence of irregularities are approximately equally frequent. During periods of high geomagnetic activity, processes associated with the convection electric field and particle precipitation are likely to be important for the formation and transport of irregularities over these higher mid-latitude observatories. These processes are likely to occur simultaneously in conjugate regions. On days following geomagnetic activity, two processes may be operating that enhance the probability of the temperature-gradient instability, and hence lead to the formation of irregularities. These are the presence of stable auroral red arcs which occur simultaneously in conjugate locations, and the negative F-region storm effects whereby latitudinal plasma concentration gradients are increased; these effects are only similar in conjugate regions. During very quiet geomagnetic periods, F-region irregularities are occasionally observed, but seldom simultaneously at the two ends of the field lines. There is also an anomalous peak in the occurrence of irregularities over Argentine Islands associated with local sunrise in winter. No explanation is offered for these observations. Photo-electrons from the conjugate hemisphere appear to have no effect on irregularity occurrence.
Morphological descriptions of the seeds of eight phanerogamic species are provided together with observations on the dispersal of the seeds and the habitats of parent plants. These are discussed in relation to long-distance dispersal and proposals are made for future research.
While policy-makers discuss the benefits of manned spaceflight to the moon and beyond, scientists and engineers are considering how to protect astronauts from the harsh realities of space. During the Apollo era, when astronauts went to the moon, the sun emitted one of the largest bursts of energetic charged particles on record. Luckily, this occurred between the Apollo 16 and 17 missions, on 2nd August 1972; otherwise, if the astronauts had been on a moon walk, they would have received a life threatening dose of radiation. Today, solar energetic particle (SEP) events are recognised as one of a wide range of hazards affecting astronauts, spacecraft, aviation, and ground-based technology that is referred to as space weather.
Over the last 30 years, Antarctic mid-tropospheric temperatures in winter have increased by 0.5 K per decade, the largest regional tropospheric warming observed. Over this period, amounts of polar stratospheric cloud(PSC) have also increased, as rising CO2 concentrations cooled the stratosphere. By imposing an idealisation of these increases in PSC within the radiation scheme of an atmosphere-only general circulation model, we find that they could have contributed to the observed warming. The present generation of global climate models do not properly represent PSCs, and so these results demonstrate the need to improve the representation of PSCs. Copyright. (C) 2009 Royal Meteorological Society and Crown Copyright
Phycobiliproteins, which include phycocyanin, allophycocyanin and phycoerythrin, are the group of colouredaccessory photosynthetic pigments present in cyanobacteria (blue-green algae). Pseudanabaena is a genus ofmicroscopic cyanobacteria, cosmopolitan in distribution and known to be rich in phycoerythrins. Cyanobacteriaare photosynthetic organisms, thus, one of the factors that influences their metabolism is the quality andquantity of incident light. In order to determine the production of phycobiliproteins (mainly phycocyanin andphycoerythrin) in this genus, the quantity of these pigments was investigated in two different strains ofPseudanabaena, P. catenata USMAC16 isolated from an Arctic location (Svalbard) and P. amphigranulataUSMAC18 from a tropical location (Tasik Harapan, USM, Malaysia). The aims of this study were twofold. First,to determine the influence of different light wavelengths (white, green and red) and exposure duration (photoperiodof 12–24 h (h)) on phycocyanin and phycoerythrin production in the two strains. Second, to comparethe production of phycobiliprotein between the two strains. Highest phycocyanin production was obtainedunder red light, while phycoerythrin production was highest under green light. Highest production was achievedwith photoperiod 24:00 h L:D (L: light, D: dark) in the polar strain and 12:12 h L: D in the tropical strain. P.catenata (Arctic strain) was a good producer of phycoerythrin when grown under green light.
June 5, 2018 /Sports News – Local UVU Baseball Signs Three During Spring Period Written by Tags: Alexander Marco/Jesse Schmit/Nick Sheehan/Scott Madsen/UVU Baseball FacebookTwitterLinkedInEmailOREM, Utah-Tuesday, Utah Valley University baseball coach Scott Madsen confirmed the signing of three standout talents to national letters of intent during the spring signing period.These players are outfielder Alexander Marco of Las Vegas, right-handed pitcher Jesse Schmit of Queen Creek, Ariz. and outfielder Nick Sheehan of Fresno, Calif.Marco is a junior who previously played at Cochise College of Douglas, Ariz. and batted .315 with five home runs and 67 RBI for the Apaches.Schmitt previously played at South Mountain C.C. of Phoenix and had a team-best 1.84 ERA for a Cougars team that went 52-10 on the season and advanced to the championship round of the Arizona Community College Athletic Conference.He pitched 29.1 innings on the season, striking out 20, while posting a 1-1 record and a pair of saves.Sheehan comes to Orem after playing for Fresno City College, while he batted .333 and amassed seven home runs and 42 RBI for the Rams. His contributions helped FCC to a Central Valley College conference title and a berth in the California Community College Athletic Association Nor-Cal Super Regionals.The other Wolverines’ signees thus far are Robert Brodell of Brawley, Calif., Matt Dalke of Phoenix, Mason Gray of Phoenix, Jake Plecas of Flagstaff, Ariz., Logan Petet of Boise, Idaho, Ty Vargas of Palmdale, Calif. and Cole Yocum of Mesa, Ariz. Brad James
Beau Lund June 10, 2018 /Sports News – National Ivanka Trump, Jared Kushner party with Stanley Cup, Alex Ovechkin at DC restaurant Written by FacebookTwitterLinkedInEmailABC News(WASHINGTON) — The two biggest items in Washington, D.C., crossed paths on Saturday night as Ivanka Trump and Jared Kushner posed with the Stanley Cup.It was a matter of pure coincidence as the president’s daughter and son-in-law visited D.C. hotspot Café Milano for a date night while Washington Capitals star Alexander Ovechkin was celebrating with the Stanley Cup.The Capitals won the Stanley Cup, the NHL’s championship trophy, on Thursday. They defeated the underdog Las Vegas Golden Knights in the series, 4-1, to win their first Cup.The Keeper of the Cup Philip Pritchard, who has traveled with the Cup as its overseer for 27 years, posted a photo of the trophy with a casual Ivanka Trump and Kushner.Jokes about the Trumps meeting with a Russian flooded Twitter, but everyone at the restaurant seemed to be enjoying themselves.ABC News’ Kenneth Moton happened to be at Cafe Milano, Franco Nuschese’s trendy Italian dining spot, when the partying Capitals arrived and filmed the Cup’s grand entrance.Ovechkin had quite the day with the Stanley Cup. He had visited Nationals Park to throw out the first pitch before the Giants played the Nationals Saturday afternoon. Plenty of Twitter users also captured Ovechkin frolicking in a fountain in the nation’s capital Saturday, as well.Copyright © 2018, ABC Radio. All rights reserved.
Written by Tags: Chinedu Ahanonu/Elijah Chambers/Elijah Dotson/Homecoming/Immanuel Anderson/Jaelin Ratliff/James Felila/Jay Green Jr./Kevin Thomson/Mister Harriel/Sacramento State/SUU Football/Taelin Webb/Ty Rutledge Brad James FacebookTwitterLinkedInEmailCEDAR CITY, Utah-For the first time in six weeks, Saturday Southern Utah University has a home football game as the Thunderbirds entertain Sacramento State for Homecoming.SUU has started the season 0-5, losing the home opener to North Alabama and then falling to Oregon State and Arizona from the FBS’ Pac-12 Conference.They commenced the Big Sky Conference season on the road as well, losing their first two conference games to Northern Arizona and Eastern Washington.The Thunderbirds have been led on the season by receiver Ty Rutledge (22 rec, 316 yard, 2 TD’s) and linebacker Chinedu Ahanonu (1.5 sacks, six tackles for a loss).In the backfield, SUU is paced by tailback Jay Green Jr. (81 car, 363 yards, 3 TD’s) and James Felila (53 car, 260 yards, TD).Cornerback Taelin Webb has broken up eight passes as well for the Thunderbirds on the season, serving as the defensive leader.Sacramento State comes into this game with a record of 2-3, while the Hornets lead the Thunderbirds 9-8 all-time.The Hornets are led by signal-caller Kevin Thomson, who has completed 67 of 116 passes (57.7 percent) on the season for 7 touchdowns against only one interception.The Sacramento State running attack has been bolstered by tailback Elijah Dotson, who is 13th in the FCS in rushing yards with 586, and has run for seven scores. Dotson is also 12th in the FCS in rushing yards per game at 117.2 yards per contest.Receiver Jaelin Ratliff has hauled in 16 passes for 377 yards and a score on the season for the Hornets.Defensively, linebacker Immanuel Anderson leads the Hornets with 41 tackles on the season and has netted a team-best 5.5 tackles for a loss on the season.Defensive back Mister Harriel leads the team with interceptions on the season with two and defensive lineman Elijah Chambers has a team-best 4.5 sacks to pace the Hornets. October 11, 2018 /Sports News – Local SUU Football Returns Home To Host Sacramento State For Homecoming
August 28, 2019 /Sports News – Local Bees Nipped By El Paso Written by Tags: El Paso Chihuahuas/PCL/Salt Lake Bees FacebookTwitterLinkedInEmail(El Paso, TX) — Jared Walsh pushed a run across in the ninth, but it wasn’t enough as the Bees fell to the Chihuahuas 7-6 in El Paso.Jose Rojas hit his 30th homer of the season and drove in three runs. Jose Rodriguez took the loss, giving up three runs on four hits over two-thirds of an inning.Salt Lake is now 57-and-76 and will continue their road trip tonight in Texas. Robert Lovell
FacebookTwitterLinkedInEmailPhoto by Scott Clarke / ESPN Images(DENVER) — Veteran quarterback Joe Flacco will miss at least four weeks with a neck injury, ESPN reports, and may be placed on season-ending injured reserve.The Denver Broncos still plan to have doctors review Flacco’s neck injury, but expect the 34-year-old to be out for four to six weeks. The injury is reported to be a bulging disc in Flacco’s neck, and is not expected to require surgery.In Flacco’s absence, the team will turn to Brandon Allen as their starting quarterback. The 27-year-old played college football at the University of Arkansas. Head coach Vic Fangio said this week the team would consider signing and elevating rookie Brett Rypien from the practice squad, or if fellow rookie Drew Lock is ready to be activated from injured reserve.Flacco has been sacked 26 times in eight starts this year, the third most in the NFL. Copyright © 2019, ABC Audio. All rights reserved. October 31, 2019 /Sports News – National Denver Broncos QB Joe Flacco to miss 4-6 weeks with neck injury, won’t need surgery Beau Lund Written by
Tags: Coronavirus/COVID-19/UHSAA MIDVALE, Utah (March 12, 2020) – The Utah High School Activities Association is announcing the suspension of the Association’s State Debate Championships scheduled for this weekend due to ongoing prevention efforts with the COVID-19 virus.The Association is also suspending all UHSAA spring activities beginning Monday, March 16, for a period of at least two weeks. Member schools and/or districts as a local decision may suspend spring activities immediately. Those member schools and/or districts will need to work with the UHSAA on suspensions. All out of state school related travel has been suspended immediately for a period of at least two weeks.In consultation with board directives and information provided by state public health officials, the UHSAA has suspended spring activities to properly fulfill best practices regarding protection of students and the general public. More information will be sent to member schools and/or districts as it becomes available. Robert Lovell Written by March 12, 2020 /Coronavirus (COVID-19) related news and sports stories, Sports News – Local UHSAA suspends all spring activities for two weeks FacebookTwitterLinkedInEmail
Image: The Johan Sverdrup field in the North Sea. Photo courtesy of Espen Rønnevik / Øyvind Gravås – Equinor ASA. Equinor and Lundin have completed both parts of the transaction announced on 7 July 2019. This follows all transaction conditions being met, including government and regulator approvals. The overall result is that Equinor has divested a 16% shareholding in Lundin for a direct interest of 2.6% in the Johan Sverdrup field The overall result is that Equinor has divested a 16 percent shareholding in Lundin for a direct interest of 2.6 percent in the Johan Sverdrup field and a cash consideration of around USD 650 million.The first part, Sparebank1 Markets’ acquisition of around 54.5 million shares in Lundin Petroleum AB from Equinor ASA, concluded on 5 August and followed the approval of the transaction in Lundin Petroleum AB’s Extraordinary General Meeting on 31 July 2019.The second part, Equinor Energy’s acquisition of a 2.6 percent interest in the Johan Sverdrup field from Lundin Norway AS, concluded on 30 August. The effective date of this acquisition is 1 January 2019.
Image: Eagle Ford production site in Texas. Photo: courtesy of Ole Jørgen Bratland/Equinor. Norway-based oil and gas company Equinor has completed the sale of its Eagle Ford asset to Spanish energy firm Repsol for $325m.Under the terms of the agreement, Repsol has acquired a 63% stake and operatorship of Equinor’s onshore business in the Eagle Ford in Texas, US. The asset covers around 69,000 net acres.Following the transaction, Repsol will own a 100% interest in the asset and becomes the operator.The agreement enables Repsol to improve its producing assets portfolio management and control operating synergies.Equinor Development and Production International executive vice-president Torgrim Reitan said: “This transaction supports Equinor’s strategy to optimise our onshore US portfolio, enhancing our financial flexibility and focusing our capital on our core activities in the country.“The US is a core area for Equinor, demonstrated by recent acquisitions including assets in the Gulf of Mexico, onshore acreage in the Austin Chalk and the Empire Wind project offshore New York.”The acquisition is part of Repsol’s asset rotation policyIn November, Repsol had said that the transaction agreement is included in its planned investments in the upstream unit for 2018-2020, and is part of its asset rotation policy to achieve a balanced and profitable portfolio.The acquired asset accounts for approximately 70,000 net acres and 34,000 barrels of oil equivalent a day of production, which are expected to take the total output of Repsol at Eagle Ford to approximately 54000 barrels of oil equivalent a day after the completion of the acquisition.Repsol had stated: ‘The acquisition is aligned with Repsol’s 2018-2020 Strategic Plan, which identifies North America as a key business area due to the extensive existing infrastructure and the stability of the regulatory framework.”Separately, it has signed an agreement to acquire a 20% non-operated interest in the Monument prospect in the Northwest Walker Ridge area in the Gulf of Mexico. Equinor plans to begin drilling the well before the end of the year. Repsol has acquired 63% stake and operatorship of Equinor’s onshore business in the Eagle Ford