Sony set to hit PS3 target

first_imgThursday 16 September 2010 8:05 pm whatsapp Sony set to hit PS3 target by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeMisterStoryWoman Files For Divorce After Seeing This Photo – Can You See Why?MisterStoryTotal PastThe Ingenious Reason There Are No Mosquitoes At Disney WorldTotal PastNoteabley25 Funny Notes Written By StrangersNoteableyMoneyPailShe Was A Star, Now She Works In ScottsdaleMoneyPailSerendipity TimesInside Coco Chanel’s Eerily Abandoned Mansion Frozen In TimeSerendipity TimesBrake For ItThe Most Worthless Cars Ever MadeBrake For ItBetterBe20 Stunning Female AthletesBetterBemoneycougar.comThis Proves The Osmonds Weren’t So Innocentmoneycougar.comautooverload.comDeclassified Vietnam War Photos The Public Wasn’t Meant To whatsapp Show Comments ▼ Sharecenter_img KCS-content Sony yesterday said its PS3 game console sales were on track to reach its target of 15m units for the year to March 2011, with sales for the April-September first half likely to be just above forecast.“As of the end of August, sales look a bit better than we expected,” said Kazuo Hirai, president of Sony Computer Entertainment. Hirai, speaking in an interview on the sidelines of the Tokyo Game Show, added that much still depended on the year-end shopping season.His comments came days after research group NPD said retail sales of video game equipment and software in the United States fell 10 per cent in August, as the industry continues a months-long slump.Sony faces a stand off with rival Microsoft in the coming months, as both bet on motion-gaming add-ons for their existing consoles in a bid to attract non-gamers and entice hardcore fans to buy new software.Sony launched its Move motion controller for the PS3 on 15 September in Europe, ahead of Microsoft’s Kinect motion-sensing system, which hits store shelves on 4 November.Both companies are also encouraging console owners to sign up for network services, allowing upgrades and game downloads as well as communication with other gamers.Hirai said 80 per cent of the 38m PS3 units sold so far were linked up to Sony’s PlayStation Network, and the company was targeting 100 per cent of the consoles.He said there were no plans to consolidate PlayStation Network with the company’s Qriocity network, an online movie service in the United States. More From Our Partners Florida woman allegedly crashes children’s birthday party, rapes teennypost.comAstounding Fossil Discovery in California After Man Looks Closelygoodnewsnetwork.orgKiller drone ‘hunted down a human target’ without being told tonypost.comRussell Wilson, AOC among many voicing support for Naomi‘Neighbor from hell’ faces new charges after scaring off home buyersnypost.comBrave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.orgA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.comNative American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.orgPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgI blew off Adam Sandler 22 years ago — and it’s my biggest regretnypost.com980-foot skyscraper sways in China, prompting panic and evacuationsnypost.comKamala Harris keeps list of reporters who don’t ‘understand’ her: reportnypost.comSupermodel Anne Vyalitsyna claims income drop, pushes for child supportnypost.comSidney Crosby, Alex Ovechkin are graying and frayingnypost.comWhy people are finding dryer sheets in their mailboxesnypost.comMark Eaton, former NBA All-Star, dead at 64nypost.comUK teen died on school trip after teachers allegedly refused her pleasnypost.comInside Ashton Kutcher and Mila Kunis’ not-so-average farmhouse Tags: NULLlast_img read more

Topsy Ojo – London Irish and England

first_imgTAGS: London Irish Steffon ArmitageSailosi Tagicakibau LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS Topsy Ojo taking a breather from trainingBack in 2008 Topsy had just been called up to the England squad and his talent was shining through, we nabbed half an hour of his time to talk about superstitions, his ever-changing idea of the ideal woman, initiations he may face on tour and completing his law degree. RUGBY WORLD: Well done on your England call-up. How did you find out?TOPSY OJO: Toby Booth told me the day before it was announced. He’s involved with the Saxons so had been part of the selection meeting and, as he’d been my mentor in the London Irish academy, he wanted to call me. I think he’s quite proud. It’s unbelievable to be honest. I wasn’t expecting to get picked, but going on tour to New Zealand is going to be a great experience.RW: Are you worried about any initiations you might have to do?TO: I’m dreading singing on the bus if I get my first cap. The pressure will be horrible, standing up to reel out a song – you’ll be heckled straightaway. It might be more nerve-racking than actually playing a game.RW: So who are the jokers at Irish?TO: Nick Kennedy, Nils Mordt and Paul Hodgson. The banter is non-stop and there’s the occasional practical joke. The last one was covering Nick’s car in wrapping paper. Everyone was in on it and at our Christmas dinner a few of us went out to give him a little present!RW: What’s the funniest thing you’ve seen or heard on the pitch?TO: Referees getting wiped out by players is always amusing. One of our guys, Stuart Mackie, was running a hard line in a league match and went straight into the ref, who went flying about ten metres and fell on his head. I get a good view of things like that from the wing. It’s good to have a comedy moment before we start beating each other up.RW: What about any sledging or memorable team talks?TO: Bob Casey’s talks are legendary, he always knows what to say at the right time. I remember a few times, though, he’s asked someone else to add a little bit and once he asked Steffon Armitage if he had any key points to make that day. We were all in this huddle trying to get our minds focused on the game, and Steff said: “Let’s just go out and have a good time”!Michael Jordan, Nicknames and life outside Rugby…Scarlett Johansson – Topsy’s ideal womanRW: If your house was on fire, what three things would you save?TO: My phone, my iPod – I’m listening to Kanye West and Estelle at the moment – and my car keys. At least then I’d have somewhere to go afterwards.RW: Who would you like to be stuck in a lift with?TO: Michael Jordan. I’m not as big a basketball fan as I was but he’s a legend.RW: Do you have any superstitions? TO: There is something I’ve just started doing: having my socks down for the warm-up. I pull them up for the start of the game, though they usually end up down for the second half. I’m not really superstitious but it’s been working, so I’ll keep doing it until I get bored.RW: Do you have any nicknames?TO: Too many to list. At the moment people are just calling me ‘T’ because they can’t be bothered to say my whole name. People at Irish also like to put an apostrophe after the ‘o’ in my surname to make it look like I have Irish heritage.RW: If you could have one superpower, what would it be?TO: Flying. It would be great to just be able to take off to wherever I wanted to.RW: Is there anything you would like to achieve outside of rugby?TO: To complete my law degree. I’m in my second year, part-time. It’s hard but the uni are accommodating. I do what I can. It’s also an ambition to open a bar.RW: Who’s your ideal woman?TO: Who do I like at the moment?RW: Does it change week by week?TO: No, month by month – joking! Scarlett Johansson.Heres what happens when you get in his way…Learn more about Topsy’s teammates at London Irish…last_img read more

CIoF publishes supporter experience guide to help charities harness generosity during pandemic

first_img“The beginning of Covid 19 was devastating for fundraising. Just as we thought we were beginning to return to a new normality, things are getting progressively worse again. The future is uncertain. The services provided by the UK’s causes are dependent on fundraising and that places a huge responsibility on each of us. There is a limit on what we can do.“The Supporter Experience Special Interest Group has spent considerable time looking at the challenges our sector faces. How can we think about our supporters as partners to help us meet them? Experienced fundraisers have created this booklet to provide practical advice, which will help you. There are mountains to climb. But there is hope, possibility and opportunity.” About Melanie May Melanie May is a journalist and copywriter specialising in writing both for and about the charity and marketing services sectors since 2001. She can be reached via Melanie May | 11 November 2020 | News The Chartered Institute of Fundraising releases a new booklet today, aimed at helping charities increase the focus on the supporter experience and harness generosity in these challenging times.Fundraising in the Time of Covid is a free resource and has been produced with the Supporter Experience Special Interest Group. It outlines six principles and suggested actions to help deliver the best possible supporter experience, and shares case studies on how charities, such as Child Rescue Nepal and GUTS UK, have used them.In June, it was estimated that the charity sector was facing a £10.1bn funding gap. Since then, almost half (47%) of the UK’s charities have revised down their financial forecasts over the last two months in anticipation of a tough winter ahead.The resource has been reviewed by fundraisers in a range of roles from large and small organisations, across different sectors.As well as the booklet, there will be a webinar on 25 November at 2pm exploring case studies and practical tips for charities to help inspire supporters during the pandemic.Angela Cluff, Chair of the Supporter Experience Special Interest Group, said:“We’re delighted to share the principles and practical suggestions on how charities can put the supporter experience at the forefront of their fundraising in the extraordinary times we all find ourselves in.“Now is the time to accelerate investment in the supporter experience. It is easy for us to fall into the trap of focusing on the money. If we focus on the experience the money will follow. So, the challenge is to orient ourselves to the experience, despite the pressures.”Peter Lewis, chief executive of the Chartered Institute of Fundraising, added: Advertisement AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThiscenter_img  323 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Tagged with: COVID-19 Institute of Fundraising supporter service CIoF publishes supporter experience guide to help charities harness generosity during pandemiclast_img read more

The blood of Donbass is now on Trump’s hands

first_imgStatement of the International Action Center on Jan. 31 on the resumed assault on the Donbass republics.Donetsk and Lugansk are again under fierce attack from the U.S.-funded and U.S.-armed Ukrainian junta. Civilians and troops are being killed again in greater numbers near the front line as the Ukrainian fascists and military try to advance.Many people in the capital of Donetsk are without electricity and running water in the dead of winter. A school and hospital in Makeyevka were targeted by Ukraine on Jan. 30. Overnight, Ukrainian forces launched more than 100 GRAD rockets at Yasinovataya. Apartment buildings and homes in Donetsk city have been shelled for several days.Two hundred miners at the Zasyadko coal mine are trapped underground after electricity was knocked out by Ukrainian shelling. Officials in Donetsk have ordered the evacuation of the capital’s Kiyevsky district because of the ongoing attacks.After assuming the presidency on Jan. 20, Donald Trump acted quickly to enforce repressive measures against poor and working people at home. He was quick to ban legal residents and visitors from returning to the U.S. based on their religion and country of origin. He was quick to announce plans for “secure zones” in Syria in violation of Syrian sovereignty. He was quick to stand behind a massacre carried out on his watch by U.S. military forces in Yemen that killed more than 30 people, including children.Donald Trump claims he wants better relations with Russia. But has he taken any steps to stop Ukrainian attacks in Donbass? He has not said a word. Even the lifting of sanctions on Russia is now “not a sure thing,” according to Trump.The deaths and destruction being carried out by Kiev are war crimes. And the blood is on Trump’s hands just as much as Ukrainian President Poroshenko’s.During the Obama administration, we demanded that the U.S. stop its bloody proxy war in Donbass. And now, in Trump’s administration, we demand that the U.S. stop its bloody proxy war in Donbass.Then and now, we say: End funding, arming and giving political protection to the Kiev regime! End the sanctions against Russia and Donbass! Recognize Crimea as part of the Russian Federation! Recognize the Donetsk and Lugansk People’s Republics! Reparations for the rebuilding of the war-torn Donbass!Solidarity with Novorossiya and Antifascists in Ukraine! International Action CenterFacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

Mercenaries launch attack on Venezuelan coast, driven back

first_imgWorkers World received this statement May 4 that originated from the Venezuelan Foreign Ministry about the May 3 attack on that country’s shores, made even more ominous by the presence of U.S. Navy warships in the waters off Venezuela. Since that day the Venezuelans report that they stopped another similar attack, arresting eight mercenaries, including two former U.S. Special Forces members. Laura Isabel FrancoCoordinator at the Culture and Solidarity DepartmentVice Minister Office for North AmericaMinistry of Foreign Affairs On the recent mercenary attack on Venezuela:In the early hours of May 3, 2020, the Venezuelan Armed Force and the National Bolivarian Police repelled the incursion of a group of armed mercenaries into the coastal state of La Guaira.The mercenaries travelled from Colombia in speedboats and were planning, together with local accomplices, to initiate terrorist operations aimed at government institutions and State officials, according to testimony given by those captured.Venezuelan intelligence gathered information from Colombia and was prepared to confront the incursion. Venezuelan forces engaged the armed mercenaries, and as a result eight of them died and two were captured.This is an ongoing operation, as there may be more mercenaries attempting to enter the country.According to preliminary investigations, the operation was linked to another group of mercenaries based in Colombia, who, under the orders of retired General Cliver Alcalá, had been training for months in Colombia and had acquired arms to carry out a series of attacks in Venezuela aimed at producing the violent overthrow of President Nicolás Maduro. Alcalá revealed his operations to Colombian media last March as Venezuelan authorities publicly denounced his actions. Alcalá then handed himself in to U.S. authorities and is still collaborating with them.Investigations also point to drug-trafficking as the source of financing. One of the captured suspects confessed to having been a Drug Enforcement Administration (DEA) asset and having participated in previous operations aimed against the Venezuelan government.During the operation, weapons were seized, both being brought in, as well as other equipment, including armored cars that were seized from accomplices in the mainland. High-caliber rifles, uniforms, satellite phones were among the items seized.One of the downed mercenaries was former Capt. Robert Levid Colina, also known as “Pantera,” who had been previously identified by Alcalá as one of his accomplices. He also had ties to last year’s April 30 coup attempt led by Juan Guaidó and Leopoldo López. Other considerations:This is just another attempt at provoking violent attacks in Venezuela that have been planned in Colombia and received support from the United States, like the assassination attempt against President Maduro with drones on Aug. 4, 2018, and the more recent incursion attempts frustrated at the Colombian border in March.Just a few days ago, AP published a report mentioning the group of mercenaries working with Alcalá and placing responsibility on a former Green Beret by the name of Jordan Goudreau, and although it mentions Goudreau had met with members of Trump’s security team and with Guaidó’s staff, the article plays these ties down and portrays him as acting on his own.Last March a cruise ship violently stormed a Venezuelan Coast Guard vessel and sank it when it was asked to leave the proximity of Venezuelan coasts. The ship, flying a Portuguese flag, refused to hand over information on the passengers it was carrying at the moment.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

Journalist escapes a murder attempt

first_img Organisation Ukraine escalates “information war” by banning three pro-Kremlin media Natalia Vlassova, journalist with Kanal 34 television, was brutally beaten on 4 October in Dnipropetrovsk in the east of the country. Already suffering from concussion, she then received further death threats. “It is appalling that a journalist can end up in a hospital bed just because she was doing her job and carried out an investigation into dubious practices on the part of a political party”, said Reporters Without Borders. March 26, 2021 Find out more Follow the news on Ukraine RSF_en UkraineEurope – Central Asia Reporters Without Borders called on Interior Minister Yuri Lutsenko to do everything possible to punish the perpetrators after journalist Natalia Vlassova, of Kanal 34 television, was brutally beaten on 4 October 2005, in Dnipropetrovsk in the east of the country.“It is appalling that a journalist should end up in a hospital bed just because she was doing her job and carried out an investigation into the dubious practices on the part of a political party. This assault was intended to shut her up for good and death threats against her continue,” the worldwide press freedom organisation said.The journalist was approached on 4 October by a person she did not know who called her by name. When she confirmed her identity, he began to viciously beat her. Vlassova was investigating cases of corruption within the regional branch of the Batkivschina Party, headed by Gennadi Gliadchichin. Some local officials in the party had accused the leaders of the regional branch of giving out key posts in regional and municipal councils in exchange for sums of money ranging from 50 – 200,000 dollars.Vlassova was taken to the city’s Number 16 hospital and will have to spend one month under observation. She is suffering from concussion and has numerous contusions to the head, face and upper body.A few days before the attack, the journalist received telephone threats from someone she did not know, who told her “to stop meddling in the affairs of the Batkivschina party” – of former prime minister, Yulia Timochenko. Vlassova continues to receive death threats on her hospital bed. “On 9 October, someone phoned me to say, ‘I swear I will bury you’. I decided to go on with my investigation and I’m looking for a Ukrainian or foreign media that is prepared to take the risk of publishing my reports. Because I have discovered that the same practices that I exposed in the Dnipropetrovsk region are going on in other regions of Ukraine”, she told Reporters Without Borders.Police have opened a criminal investigation and Vlassova has been assigned bodyguards to protect her. News October 12, 2005 – Updated on January 20, 2016 Journalist escapes a murder attempt Help by sharing this information Ukrainian media group harassed by broadcasting authority Crimean journalist “confesses” to spying for Ukraine on Russian TV News News to go further Receive email alerts February 26, 2021 Find out more UkraineEurope – Central Asia News September 7, 2020 Find out morelast_img read more

World honour Donegal swimmer

first_img By News Highland – January 4, 2011 Newsx Adverts Google+ Pinterest Previous articleIDA releases end of year reportNext articleSuspected pipe bomb components found in Derry News Highland Facebook Twitter Man arrested on suspicion of drugs and criminal property offences in Derry A woman from Donegal has beaten off competition from Olympic athletes around the world to win the title of World Open Water Swimmer of the Year.Anne Marie Ward from Portnablagh took more than 47% of the vote in the global online poll.She defeated bad weather, cramp and shoals of jellyfish to successfully swim the North Channel on her fourth attempt.Anne Marie told today’s Shaun Doherty’s Show, her attempts to make the crossing from Northern Ireland to Scotland became a personal challenge for her entire team Further drop in people receiving PUP in Donegal Pinterest Facebookcenter_img 365 additional cases of Covid-19 in Republic WhatsApp Main Evening News, Sport and Obituaries Tuesday May 25th Google+ RELATED ARTICLESMORE FROM AUTHOR Gardai continue to investigate Kilmacrennan fire World honour Donegal swimmer WhatsApp Twitter 75 positive cases of Covid confirmed in North last_img read more

Classification Of Patients As Residents And Non-Residents For Treatment Was Held Unconstitutional By Delhi HC In 2018

first_imgTop StoriesClassification Of Patients As Residents And Non-Residents For Treatment Was Held Unconstitutional By Delhi HC In 2018 Akshita Saxena8 Jun 2020 5:04 AMShare This – xIn October 2018, the Delhi High Court had held that classification of individuals as residents and non-residents for the purpose of providing medical facilities is unreasonable and violative of the fundamental right to health enshrined under Article 21 of the Constitution. The observation was made while setting aside an order issued by the Medical Director, Guru Teg Bahadur Hospital,…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginIn October 2018, the Delhi High Court had held that classification of individuals as residents and non-residents for the purpose of providing medical facilities is unreasonable and violative of the fundamental right to health enshrined under Article 21 of the Constitution. The observation was made while setting aside an order issued by the Medical Director, Guru Teg Bahadur Hospital, GNCT of Delhi, whereby patients who did not hold a valid Voter ID Card of Delhi were categorized as non-Delhi patients, and were denied certain facilities for treatment. “We have no hesitation in holding that the impugned circular suffers from various vices which are not permissible under the Constitution, the circular classifies identically situated persons differently for the purpose of granting them medical facility without any rational basis and therefore we cannot uphold such a classification,” the High Court had held in the case Social Jurist, a Civil Rights Group vs  Government of NCT of Delhi. The ruling assumes relevance in the present context as the Health Department of the Delhi Government vide order dated June 7, 2020 has restricted medical treatment in State Government run hospitals as well as in private hospitals and nursing homes to bonafide residents of Delhi only. As the order has been challenged before the Delhi High Court by two Delhi University students who are the residents of UP and Bihar, the 2018 judgment is becoming more relevant now. Then Chief Justice Rajendra Menon and Justice V. Kameswar Rao had held that the State cannot avoid or shirk away from its “constitutional obligation” to provide medical treatment to its citizens, on account of financial constraint or non-availability of facilities, etc. “If we analyse the justification given by the State Government in the present case, it would be seen that the State is shirking away from discharging its constitutional obligation and liability by contending lack of facilities like infrastructure, manpower and law and order situation created by outburst of population, the number of patients coming to the hospital for treatment. In our considered view, this is not permissible. A State is obliged and mandated to provide all such facilities as are to be provided to a citizen, particularly, the requirement envisaged under Article 21 of the Constitution and the reasons given before us cannot be substantial or reasonable reasons for shirking away from discharging this constitutional liability,” the bench had held. The present order of the Delhi High Court has also been issued due to lack of requisite infrastructure and in order to decongest hospitals, amid the pandemic. However, such an approach the High Court had held, is against the duties of a “welfare State.” “A complete reading of the Preamble and various provisions of the Constitution indicates that if a provision or a statute is read in the backdrop of the requirement of Article 14 of the Constitution, anything done which fails to achieve the socialistic goal to its fullest extent or which adopts a classification which is not in tune with the establishment of a welfare society is unsustainable and unconstitutional,” the bench had remarked. Reliance was placed on Paschim Banga Khet Mazdoor Samity & Ors. v. State of West Bengal & Ors., (1996) 4 SCC 37, whereby the Supreme Court had held that providing adequate medical facility to the people is not only an essential part but is also an obligation undertaken by the Government in a welfare State and for discharging this obligation running of hospitals and health centres and providing medical care to the people seeking the same is a requirement of Article 21 of the Constitution. The bench was of the view that such a classification, into residents and non-residents, does not pass the two-fold test of reasonable classification enunciated by the Supreme Court in State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC 75. In this case, the Top Court had held that even though Article 14 of the Constitution does not forbids class legislation however, such classification has to reasonable and has to be decided on two well settled principles i.e. the classification should be based on “intelligible differentia” which distinguishes persons or things, grouped together from others who are left out of the group and; the second, that the differentia in question should be reasonable and must have some “rationale nexus” for the purpose to be achieved. In context to classification of patients as residents and non-residents however, the Delhi High Court had held, “The classification is based on no reasonable justification except on the basis of the residence of a person or the availability of a particular identification card and the nexus to be achieved is decongestion of the hospital. In our considered view, both these justifications given do not meet the twin tests for upholding a classification.” It was observed that the state was practically differentiating “similarly situated citizens”. In fact, the bench went on to observe, even the Supreme Court had in the case of Kailash Chand Sharma v. State of Rajasthan & Ors., (2002) 6 SCC 562, held that “residence by itself be it be within a State, region, district or lesser area within a district cannot be a ground to accord preferential treatment or reservation, save as provided in Article 16(3).” The High Court was also of the view that discriminating between resident and non-resident patients is violative of the mandate of Article 15 that no citizen shall be discriminated against on the basis of place of birth. “Article 15(2) prohibits discrimination on the basis of religion, race, sex or place of birth and it is a well settled principle of law that right to health and medical aid so also medical care is a fundamental right envisaged under Article 21 of the Constitution read with Articles 39(e) and 41 of the Constitution,” the Division bench had emphasized. Is worthy to note that in Bir Singh v. Delhi Jal Board, (2018) SCC Online SC 1241, a Constitution Bench of the Supreme Court had observed, “The capital city is not just a part of India. It is miniaturised India, a fact often forgotten by the administration in the field of culture and education, especially vis-a-vis regional, minorities. It is megapolitan (sic) and people from all parts flock to this outsized city…Anyone who lives inside India can never be considered an ‘outsider’ in Delhi…” The bench went on to remark, “The Administration has a constitutional responsibility not to be a mere thermometer where mercury rises with populist pressure but to be a thermostat that transforms the mores of groups to stay in the conscience of the nation viz. the Constitution.” This observation is indicative of the fact that state actors are responsible to cater to its local population, whether resident or otherwise, and ensure that their Constitutional rights are preserved. However, the approach adopted by the Delhi Government during this critical time of a pandemic, where inter-state movement is restricted and people from across the country are stuck in Delhi, throws up serious questions with regard to protection of the fundamental right to life and right to health of such citizens. Click Here To Download Order Read Order Next Storylast_img read more

[Cancellation Of Written Instruments] Action Instituted U/s 31 Specific Relief Act Is Arbitrable As It Is Not An Action In Rem: SC [Read Judgment]

first_imgTop Stories[Cancellation Of Written Instruments] Action Instituted U/s 31 Specific Relief Act Is Arbitrable As It Is Not An Action In Rem: SC [Read Judgment] LIVELAW NEWS NETWORK20 Aug 2020 11:25 PMShare This – xThe Supreme Court has held that an action instituted under section 31 of the Specific Relief Act, 1963 is not an action in rem, but an action in personam, and therefore arbitrable. In this case, a suit was filed by Deccan Paper Mills Co. Ltd. against Regency Mahavir Property and others, One of the prayers was to set aside some agreements as well. The Court had allowed the application filed…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 has held that an action instituted under section 31 of the Specific Relief Act, 1963 is not an action in rem, but an action in personam, and therefore arbitrable. In this case, a suit was filed by Deccan Paper Mills Co. Ltd. against Regency Mahavir Property and others, One of the prayers was to set aside some agreements as well. The Court had allowed the application filed by Regency to refer the matter to Arbitration. The High Court also dismissed the writ petition filed by Deccan in this regard. Thus, before the Apex Court in appeal,  Deccan contended that since the prayer in the suit is for cancellation of three “written instruments”, the proceeding under section being a proceeding in rem, would fall within one of the exceptions made out in Booz Allen & Hamilton Inc. v. SBI Home Finance Ltd., (2011) 5 SCC 532. The contention was made referring to section 31 of the Specific Relief Act, 1963 and a Division Bench judgment of the High Court of Judicature at Hyderabad for Telangana and Andhra Pradesh in Aliens Developers Pvt. Ltd. v. M. Janardhan Reddy, (2016) 1 ALT 194 (DB) in which it was held that the action under Section 31 is an action in rem and therefore non-arbitrable. Referring to Muppudathi Pillai v. Krishnaswami Pillai, AIR 1960 Mad 1, the Apex Court bench comprising of Justices RF Nariman, Indira Banerjee and Navin Sinha observed that the expression “any person” in Section 31 does not include a third party, but is restricted to a party to the written instrument or any person who can bind such party. It said: “The principle behind the section is to protect a party or a person having a derivative title to property from such party from a prospective misuse of an instrument against him. A reading of section 31(1) then shows that when a written instrument is adjudged void or voidable, the Court may then order it to be delivered up to the plaintiff and cancelled – in exactly the same way as a suit for rescission of a contract under section 29. Thus far, it is clear that the action under section 31(1) is strictly an action inter parties or by persons who obtained derivative title from the parties, and is thus in personam. ” Disagreeing with the interpretation made by the Division Bench in Aliens Developers, the court observed that the factum of registration of what is otherwise a private document inter parties does not clothe the document with any higher legal status by virtue of its registration. An action that is started under section 31(1) cannot be said to be in personam when an unregistered instrument is cancelled and in rem when a registered instrument is cancelled. The suit that is filed for cancellation cannot be in personam only for unregistered instruments by virtue of the fact that the decree for cancellation does not involve its being sent to the registration office – a ministerial action which is subsequent to the decree being passed. Overruling Alien Developers, the bench dismissed the appeals and  further observed: “The proceeding under section 31 is with reference to specific persons and not with reference to all who may be concerned with the property underlying the instrument, or “all the world”. Clearly, the cancellation of the instrument under section 31 is as between the parties to the action and their privies and not against all persons generally, as the instrument that is cancelled is to be delivered to the plaintiff in the cancellation suit. A judgment delivered under section 31 does not bind all persons claiming an interest in the property inconsistent with the judgment, even though pronounced in their absence” “..The reasoning in the aforesaid judgment would again expose the incongruous result of section 31 of the Specific Relief Act being held to be an in rem provision. When it comes to cancellation of a deed by an executant to the document, such person can approach the Court under section 31, but when it comes to cancellation of a deed by a non-executant, the non-executant must approach the Court under section 34 of the Specific Relief Act, 1963. Cancellation of the very same deed, therefore, by a non-executant would be an action in personam since a suit has to be filed under section 34. However, cancellation of the same deed by an executant of the deed, being under section 31, would somehow convert the suit into a suit being in rem. All these anomalies only highlight the impossibility of holding that an action instituted under section 31 of the Specific Relief Act, 1963 is an action in rem.”  Case details Case no.: CIVIL APPEAL NO. 5147 OF 2016 Case name: DECCAN PAPER MILLS CO. LTD. vs. REGENCY MAHAVIR PROPERTIES & ORS. Coram: Justices RF Nariman, Indira Banerjee and Navin Sinha Counsel: Adv Meena Doshi and Sr. Adv Vinay NavreClick here to Read/Download JudgmentRead JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Exceedances in pesticides on the increase across Donegal

first_img Google+ DL Debate – 24/05/21 By News Highland – April 5, 2019 Twitter RELATED ARTICLESMORE FROM AUTHOR Homepage BannerNews Pinterest Exceedances in pesticides on the increase across Donegal Facebook Arranmore progress and potential flagged as population grows Important message for people attending LUH’s INR clinic Harps come back to win in Waterford center_img News, Sport and Obituaries on Monday May 24th WhatsApp WhatsApp Google+ Facebook Journey home will be easier – Paul Hegarty Pinterest Twitter Previous articleTwo Donegal schools land All-Ireland Sportshall Athletics titlesNext articleArdara woman who stole from charity gets suspended sentence News Highland Irish Water says exceedances in pesticides are on the increase across Donegal.Two exceedances were detected last year in the River Eske Public Water Supply.Irish Water say while there is no threat to public health, it is imperative that users of pesticides are mindful of best practice when spraying their lands.The utility, working in partnership with the National Pesticides and Drinking Water Action Group is appealing to farmers and other users of pesticides to ensure that best practice measures to protect drinking water quality are always followed.The latest exceedances in Donegal follows on from previous exceedances noted in 2017 in the River Eske Public Water Supply and also the Killybegs Public Water Supply as well as low level detections in many other supplies.Eight different supplies in Co Donegal (Bundoran, Fanad East, Fanad West, Frosses /Inver, Letterkenny, Milford, Fullerton Dam and Rosses) have seen low levels of the herbicide MCPA and other pesticides over the past two years.last_img read more