Unison launches NHS lawsuit

first_img whatsapp by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeMoneyPailShe Was A Star, Now She Works In ScottsdaleMoneyPailNoteabley25 Funny Notes Written By StrangersNoteableyZen HeraldThe Truth About Why ’40s Actor John Wayne Didn’t Serve In WWII Has Come To LightZen HeraldBetterBe20 Stunning Female AthletesBetterBeautooverload.comDeclassified Vietnam War Photos The Public Wasn’t Meant To Seeautooverload.comAtlantic MirrorA Kilimanjaro Discovery Has Proved This About The BibleAtlantic MirrorTotal PastThe Ingenious Reason There Are No Mosquitoes At Disney WorldTotal PastElite HeraldKate Middleton Dropped An Unexpected Baby BombshellElite HeraldTrading BlvdThis Picture of Prince Harry & Father at The Same Age Will Shock YouTrading Blvd Share Unison has launched legal action against the government, claiming the public wasn’t properly consulted over plans to substantially overhaul the NHS. The union has applied for a judicial review of the proposed shake-up, calling Andrew Lansley’s review of the public health service a “sham”. Tuesday 24 August 2010 8:43 pm Read This Next’A Quiet Place Part II’ Sets Pandemic Record in Debut WeekendFamily ProofHiking Gadgets: Amazon Deals Perfect For Your Next AdventureFamily ProofIndian Spiced Vegetable Nuggets: Recipes Worth CookingFamily ProofAmazon roars for MGM’s lion, paying $8.45 billion for studio behind JamesFamily ProofYoga for Beginners: 3 Different Types of Yoga You Should TryFamily ProofBack on the Rails for Summer New York to New Orleans, Savannah and MiamiFamily ProofTortilla Mango Cups: Recipes Worth CookingFamily ProofWhat to Know About ‘Loki’ Ahead of Disney+ Premier on June 9Family ProofCheese Crostini: Delicious Recipes Worth CookingFamily Proof Unison launches NHS lawsuit center_img Tags: NULL whatsapp KCS-content Show Comments ▼last_img read more

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Eurozone industry rebounds

first_img Eurozone industry rebounds EUROZONE industrial production rebounded in October, driven upwards by a resurgent Germany, official data revealed yesterday.After a decline the previous month, production sprung back with a 0.7 per cent increase across the single currency area.Compared to the same time in 2009, industry expanded by 6.9 per cent, according to the Eurostat office.Yet growth was lower than expected by economists. And the Eurozone remains reliant on strong core economies, as the troubled periphery stalls recovery.“The German industrial sector very much led the way for the Eurozone, markedly out performing most other countries,” said Howard Archer of IHS Global Insight.Industrial production contracted in Greece (-4.6 per cent), Portugal (-2.8 per cent) and Spain (-1.9 per cent) from the previous year.Meanwhile, Ireland’s production fell by 4.8 per cent compared to September, as the crisis grew in the run up to last month’s €85bn (£72bn) bailout. Germany recorded a 12.1 per cent increase on the previous year, and was boosted by another rise in business morale, as the ZEW Indicator of Economic Sentiment climbed 2.5 points on November. The survey measures the expectations of investors, with more anticipating an improvement in business conditions (than those expecting a deterioration) over the next six months.In neighbouring France, new inflation figures showed consumer prices rising by 0.1 per cent in November. Year-on-year consumer price index (CPI) inflation stands at 1.6 per cent.Eurozone inflation figures are expected tomorrow. Share whatsapp whatsapp Show Comments ▼ Tags: NULL Tuesday 14 December 2010 9:06 pm KCS-content Read This NextRicky Schroder Calls Foo Fighters’ Dave Grohl ‘Ignorant Punk’ forThe WrapCNN’s Brian Stelter Draws Criticism for Asking Jen Psaki: ‘What Does theThe WrapDid Donald Trump Wear His Pants Backwards? Kriss Kross Memes Have AlreadyThe WrapPink Floyd’s Roger Waters Denies Zuckerberg’s Request to Use Song in Ad:The WrapHarvey Weinstein to Be Extradited to California to Face Sexual AssaultThe Wrap’Sex and the City’ Sequel Series at HBO Max Adds 4 More ReturningThe Wrap’Black Widow’ First Reactions: ‘This Is Like the MCU’s Bond Movie’The Wrap’The View’: Meghan McCain Calls VP Kamala Harris a ‘Moron’ for BorderThe WrapNewsmax Rejected Matt Gaetz When Congressman ‘Reached Out’ for a JobThe Wraplast_img read more

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Patty Jervey

first_img“Patty was an ideal team-mate,” fellow 1991 Eagle Annie Flavin said. “A fiercely competitive worker on the field, just knowing she was in the back-line was always so reassuring, especially for a plodding tight-fiver.”In her club career, Jervey has also made a significant impact right up to recent years, as she’s helped Atlanta Harlequins win a Division One National Championship and has coached the USA Rugby South Women’s All-Stars. Major teams: Atlanta HarlequinsPosition: CentreCountry: USATest span: 1989-2006 A World Cup winner with the USA, Patty Jervey was among the group of first women’s players to be inducted into the World Rugby Hall of Fame and she is one of the most highly-regarded players of her generation in the American game.Over her 31-year rugby career, which began as a student at the University of South Carolina before she moved to play at a higher level at Florida State University, she won 40 international caps – a reflection of how little Test rugby the USA played until recently.She made her international debut in 1989 and remarkably the centre is still playing some rugby now – she played a club game on her 50th birthday. She attributes her longevity to regular bodywork, from massages to chiropractic sessions.Part of the team that beat England 19-6 at the first Women’s World Cup final in 1991, Jervey appeared in four more World Cups in 1994, 1998, 2002 and 2006, and ended her career as the highest point-scorer for her country with 178. TAGS: The Greatest PlayersUSA center_img LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS “I feel that I was born to play this game,” she says. “I know this because of those ten to 12 moments I’ve experienced in my career when it just feels perfect – the colour of the grass on the pitch, the sound you hear when the ball is in the air. I’ve had great moments when I have felt so connected to every element of the game – in the zone.”For the latest Rugby World subscription offers, click here.last_img read more

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Hanging Villa / TWS & Partners

first_imgCopyAbout this officeTWS & PartnersOfficeFollowProductsWoodGlassConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesSustainabilityBandungIndonesiaPublished on January 07, 2019Cite: “Hanging Villa / TWS & Partners” 07 Jan 2019. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogPartitionsSkyfoldChoosing the Skyfold Wall for Your SpaceGlass3MSun Control Window Film in MarkthalBathroom AccessorieshansgroheBath & Shower ThermostatsCabinetsFlorenseCabinet – FloAirWood Boards / HPL PanelsBruagStair Railing – CELLON®LightsLouis PoulsenOutdoor Lighting – Flindt GardenBathroom AccessoriesBradley Corporation USAHigh Speed Hand Dryers – Aerix+BoardsForestOneLaminate – EGGER laminatesAcousticSchöckStaircase Insulation – Tronsole®Metal PanelsRHEINZINKPanel Systems – Horizontal PanelWall / Ceiling LightsA-LightAccolade Wall Light at River Dental OfficeBricksStröherClinker Brick Slips – StiltreuMore products »Save想阅读文章的中文版本吗?浮空别墅 / TWS & Partners是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream Projects Indonesia 2017 Hanging Villa / TWS & Partners Hanging Villa / TWS & PartnersSave this projectSaveHanging Villa / TWS & PartnersSave this picture!© Fernando Gomulya+ 17Curated by María Francisca González Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/908903/hanging-villa-tws-and-partners Clipboard “COPY” Manufacturers: Toto, Acor, Conwood, Roman Tile Photographs:  Fernando Gomulya Manufacturers Brands with products used in this architecture project CopyHouses, Sustainability•Bandung, Indonesiacenter_img “COPY” Houses Photographs Architects: TWS & Partners Area Area of this architecture project Year:  Save this picture!© Fernando GomulyaText description provided by the architects. The project is to design a villa located at the mountain side in Bandung, West Java. Sited far away from the city’s heavy traffic, Hanging Villa becomes a comfortable place to settle and stay. The building program is intended to gather the big family while giving each member their personal space by providing communal spaces and private spaces. This project have a special request of having an outdoor multifunction area which can be used to host various events. With its geometric shape this can be defined as a modern and friendly form of a villa that responds to its surrounding nature.Save this picture!© Fernando GomulyaRecommended ProductsWoodAccoyaAccoya® Cladding, Siding & FacadesEnclosures / Double Skin FacadesRodecaRound Facade at Omnisport Arena ApeldoornDoorsECLISSESliding Pocket Door – ECLISSE LuceDoorsLinvisibileLinvisibile Curved Hinged Door | AlbaThe site takes benefit from the beautiful surrounding of deep valley and has an advantage of its proximity to the forest conservatory, which provides tranquil atmosphere of the mountain side. The building mass is originally taken from the idea of stacking boxes which are rotated through their corner axis, in order to create different walking experience from different angle of view. This strategy also allows the users to have different orientation in different room and have almost 270 degree view to the surrounding valleys. This significant aspect has influenced the architect on the design process. Save this picture!Second Floor PlanThe building has a vertical circulation tower starting from street/ garage level and leads to the second floor as a gathering area. On the second floor, people can start to enjoy the surrounding element through an open timber pathway, side by side with water garden as a welcoming element. Once passing the timber pathway, people can enter the living room, kitchen, and dining room. The earthy color palette were used for the interior and exterior space. They allow the house to feel closer to its surrounding and to naturally integrate into the landscape. The color palette used as the flooring, walls and ceiling are all chosen to enhance the surrounding view. The area inside is intended to have a tranquil and relaxing atmosphere especially at sunset with the colors of the sky and the room’s lighting accent. Full height glass walls envelop most of the interior space, exposing them to the surrounding views in addition to reduce the need for artificial illumination.The other side of living and dining room can also be opened to the water garden, wooden terrace and surrounding valley.Save this picture!© Fernando GomulyaThe master bedroom and service area were situated on the first floor. The area were separated by the slope. It was placed on the first floor with the intention for the occupant to have more private space while the service area will only be used for the housemaid and security. Each of the area can be accessed with two different staircase from the second floor.Save this picture!© Fernando GomulyaThe entire landscape can be enjoyed from the shifted massing on the upper level. It provides shading to the open wooden terrace underneath it. On one side, this upper level consists of an open roof deck with outdoor furniture, covered with louver shading where the occupant can enjoy a breezy evening with friends/family or soaking up some daytime sun and with direct access to the private garden on the other side. The random rhythm of wooden louver design were mixed with glass window which still act as a louver while maximize the illumination from the sun.Save this picture!© Fernando GomulyaThe building is oriented to take the full advantage of the sun position and perpendicular to the wind direction to maximize the wind to enter the building while the extensive use of glass openings allow natural cross ventilation and maximize natural light to enter the building during the day. The building has been weatherized for maximum protection against the loss of warm and cool air by applying appropriate insulating materials and window glazing to reduce heat loss in ways that do not cause indoor humidity.Save this picture!© Fernando GomulyaThe design creates a healthy indoor environment quality by adequate ventilation, which leads to the increase of comfort and health benefits for the occupants. The shallow pool function as an element that produce a cool refreshing breeze as the wind flows into the building while benefiting the occupant by reducing the operating cost of using air-conditioner.Save this picture!© Fernando GomulyaProject gallerySee allShow lessÉcole des Ponts ParisTech’s Design by Data Program Merges Architecture with Engineer…Architecture NewsLa Vela / Time ArchitectureSelected Projects Share Area:  983 m² Year Completion year of this architecture project ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/908903/hanging-villa-tws-and-partners Clipboard ArchDailylast_img read more

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Jamba Juice “Team Up for a Healthy Breakfast” Challenge at Pasadena High School

first_imgHerbeautyThese Are 15 Great Style Tips From Asian WomenHerbeautyHerbeautyHerbeautyJennifer Lopez And Alex Rodriguez’s Wedding DelayedHerbeautyHerbeautyHerbeauty6 Lies You Should Stop Telling Yourself Right NowHerbeautyHerbeautyHerbeauty10 Questions To Start Conversation Way Better Than ‘How U Doing?’HerbeautyHerbeautyHerbeautyTips From A Professional Stylist On How To Look Stunning In 2020HerbeautyHerbeautyHerbeauty8 Easy Exotic Meals Anyone Can MakeHerbeautyHerbeauty Your email address will not be published. Required fields are marked * Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. Subscribe More Cool Stuff Make a comment 6 recommended0 commentsShareShareTweetSharePin it Name (required)  Mail (required) (not be published)  Website  First Heatwave Expected Next Week Top of the News center_img Community News In celebration of National Breakfast Week, Jamba Juice partnered with Team Up for a Healthy America, the GENYOUth Foundation and the Pasadena Unified School District (PUSD) to sponsor the “Team Up for a Healthy Breakfast” Challenge. The first few days of the challenge are already proving to be successful, with breakfast participation up by 70 percent in both schools.The breakfast competition between Pasadena High School and Marshall Fundamental School was designed to increase the number of students who consume breakfast on a daily basis and to educate them about the benefits of eating the most important meal of the day. From March 4 to March 22, the two schools will compete to see which school can drive the highest rate of breakfast consumption, and the winning school will receive a Physical Activity Ring from GENYOUth.Jon Gundry, Superintendent of the PUSD, and Tom Madsen, JambaGO Senior Vice President, officially kicked off the Healthy Breakfast Challenge bright and early on Thursday morning at Pasadena High School. Students were told that they are the first in the nation to start this unique challenge and that they may see it adopted in other cities and states as well. Pasadena High’s ASB Communications Director, Alec Brierty, and Marshall Fundamental High’s ASB President, Jackie Torres, rallied their peers to participate in the competition, and of course, Banana Man was also present to cheer on the two schools. Business News EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,PCC – EducationVirtual Schools PasadenaDarrell Done EducationHomes Solve Community/Gov/Pub SafetyPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Education Jamba Juice “Team Up for a Healthy Breakfast” Challenge at Pasadena High School March 7, 2013 Students from Pasadena High School are proud to start their morning right with JambaGO and a photo with Banana Man! From STAFF REPORTS Published on Monday, March 11, 2013 | 3:24 pm Community Newslast_img read more

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Madhya Pradesh State Legal Services Authority Assists Walking Migrants At 100% Grievance Resolution Rate [Read Report]

first_imgNews UpdatesMadhya Pradesh State Legal Services Authority Assists Walking Migrants At 100% Grievance Resolution Rate [Read Report] LIVELAW NEWS NETWORK27 May 2020 12:24 AMShare This – xThe Madhya Pradesh State Legal Services Authority has been working round the clock to ensure that basic living amenities such as clean drinking, dry food articles, medical facilities, etc. are made available to the walking migrants. To this end, the SLSA in coordination with the DLSAs and TLSCs has launched a Help Line No. 15100 and has set up ‘Legal Aid Camps’ with a help desk…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 Madhya Pradesh State Legal Services Authority has been working round the clock to ensure that basic living amenities such as clean drinking, dry food articles, medical facilities, etc. are made available to the walking migrants. To this end, the SLSA in coordination with the DLSAs and TLSCs has launched a Help Line No. 15100 and has set up ‘Legal Aid Camps’ with a help desk facility at the inter-district and inter-state check posts.Help Desk at Sheopur District Border As of May 23, 2020, within five days of commencement of this initiative, the authority had attended 100% of the 257 grievances received by it, through its Para Legal Volunteers. As per one of the Member Secretaries of the MPSLSA, even the judges across the Sate worked in tandem with the local administration and awareness was created through help desks on the rights of labourers. Pamphlets have been distributed to apprise the labourers about their rights and various welfare measures taken by the Central/ State Governments for their benefits.Awareness pamphlets being distributed through various help desksPertinently, the authority is also ensuring that the migrants are not forced to walk, by providing them access to transport systems. In one such case, the volunteers helped a pregnant woman labour, walking down from Chhattisgarh, to reach her village in the Sagar District of MP.A detailed report on the progress made so far is attached below. Click Here To Download Report Read Report Next Storylast_img read more

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[Gang Rape Case] Allahabad HC Grants 2-Month Interim Bail Former UP Minister Gayatri Prajapati On Medical Grounds [Read Order]

first_imgNews Updates[Gang Rape Case] Allahabad HC Grants 2-Month Interim Bail Former UP Minister Gayatri Prajapati On Medical Grounds [Read Order] Sparsh Upadhyay4 Sep 2020 7:10 AMShare This – xThe Allahabad High Court on Thursday (03rd September) granted bail to Former Uttar Pradesh minister Gayatri Pradesh Prajapati, in connection to a gang rape case registered against him.Prajapati is an undertrial in Case Crime No.29 of 2017 dated 18.02.2017 under Section 376(D), 354A(I), 504, 506, 509 of I.P.C. and Section 5 and 6 of POCSO Act, 2012 registered at police Station…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 on Thursday (03rd September) granted bail to Former Uttar Pradesh minister Gayatri Pradesh Prajapati, in connection to a gang rape case registered against him.Prajapati is an undertrial in Case Crime No.29 of 2017 dated 18.02.2017 under Section 376(D), 354A(I), 504, 506, 509 of I.P.C. and Section 5 and 6 of POCSO Act, 2012 registered at police Station Gautampalli, District Lucknow.The bench of Justice Ved Prakash Vaish granted interim bail to Prajapati taking into account his medical condition, which was confirmed by the medical status report.It may be noted that Prajapati was in jail since March 2017; however, he had also undergone treatment at King George’s Medical University & S.G.P.G.I. (both situated in Lucknow) for multiple health issues while he was in judicial custody.Now he has been granted bail on a personal bond in the sum of Rupees Five Lakh with two sureties of Rupees Two Lakh Fifty Thousand each to the satisfaction of the concerned trial court.Case against PrajapatiNotably, it was alleged by a Chitrakoot-based woman that Prajapati and his six aides had gang-raped her and attempted to outrage the modesty of her minor daughter when he was a minister in Uttar Pradesh.In 2017, after the Uttar Pradesh police denied to register an FIR against Prajapati, a PIL petition was filed by the woman in the Supreme Court and had sought the court’s direction for lodging an FIR.Consequently, the Supreme Court had ordered the UP police to lodge a First Information Report (FIR) against him in connection with cases of alleged gang rape and sexual harassment.However, the woman, who accused the former minister of rape and filed the aforesaid PIL, had later withdrawn her statement by submitting an application in the special MP-MLA court in Prayagraj in 2019. The woman retracted her statement in court saying that the former minister did not rape her but two of his aides did.Notably, in 2019, the CBI had registered two FIRs in connection with the mining scam in Uttar Pradesh and had named Prajapati and four IAS officers. The FIRs were registered as the central probe agency conducted search operations at 12 locations in the state.The Arguments put forth by the CounselsThe counsel for the applicant submitted before the court that the applicant was in judicial custody since 15th March 2017 and had been falsely implicated in the present case. It was argued that the prosecutrix and her daughters were examined before the trial court and they have not supported the case of the prosecution.The counsel for the applicant also pointed out that the investigation has already been completed, charge sheet has been filed, statement of prosecutrix and doctors were recorded where they have not supported the prosecution’s case.Significantly, it was argued that the applicant is suffering from various serious diseases and is admitted in hospital since 03rd May 2019 and not getting proper treatment.It was submitted that he remained admitted in K.G.M.U., Lucknow from 03rd May, 2019 to 17th January 2020 and again the applicant was admitted in K.G.M.U. Hospital, Lucknow on 09.03.2020, he was shifted to S.G.P.G.I. on 04th June, 2020 and was thereafter shifted to K.G.M.U., Lucknow on 29th June, 2020 and since then he is admitted in K.G.M.U, Lucknow.Lastly, the learned counsel for the applicant requested that the applicant may be released on interim bail for getting proper treatment.Adjournment was requested by learned Addl. Advocate General for the State for addressing arguments on the application for regular bail.Learned A.G.A. for the State submitted that arguments on the application for interim bail may be heard.The Observation of the courtThe court acknowledged the fact that the applicant was suffering from various diseases and that it was also not disputed that the statement of the prosecutrix has already been recorded in the matter.The court also took into account the report of Senior Superintendent of District Jail, Lucknow, dated 09th January 2020 which states that the applicant has multiple ailments which require treatment from multiple super specialities, at a tertiary care super-speciality hospital.The court noted (taking into account the aforesaid report) that such treatment is not possible in Jail Hospital and it is not possible to determine how much time it will take for complete improvement; presently patient is not in a position to have movements.The court relied on the case of ‘Bhupinder Singh v. Unitech Ltd.’, Civil Appeal No.10856 of 2016, 2020 SCC Online SC 559, wherein the Hon’ble Supreme Court granted interim bail on the ground that parents of the applicant have tested positive for Covid-19.In this context, the court said,”Having considered the facts and circumstances of the present case and the applicant’s medical condition, which was confirmed by the medical status report, it shows that the applicant is suffering from disease i.e. UTI with Diabetes mellitus with HTN with Bamboo spine with seronegative Spondyloarthropathy; proper treatment is not available in K.G.M.U. Hospital, Lucknow and doctors have advised proper treatment from multiple super specialities, at a tertiary care super speciality hospital.” (emphasis supplied)The bench further said,”Further threat to the applicant’s health in the prevailing times of Covid-19 pandemic is real and imminent, and in view of the assurances extended on behalf of the applicant that he shall not apprehend or influence the prosecutrix and her family members, this Court is persuaded to grant the applicant, Gayatri Prasad Prajapati, interim bail for a period of two months from the date of his release”.Prajapati has been asked not to leave the country without prior permission of the trial court and he has to ordinarily reside at a place of residence, as assured, far from the place of residence of the prosecutrix and her immediate family.Further, Prajapati was asked to furnish his cell phone number on which the applicant may be contacted and that the number be kept switch on all time.Prajapati has been ordered to surrender his passport, if any, to the Jail Superintendent. Upon expiry of the period of interim bail, he will have to surrender before the concerned trial court/ Superintendent Jail.The Bail Application No.5743 of 2019 has been posted for hearing in the week commencing 28.09.2020.It may be noted that in 2017, Allahabad High Court had stayed the bail granted to Gayatri Prajapati in this rape case.The High Court had also reportedly suspended special judge of POCSO Court Om Prakash Mishra who granted bail to Gayatri Prajapati.The Special Court Judge had granted bail to Gayatri Prajapati and the UP Government had challenged the same before the Allahabad High Court and the High Court had stayed the order.Case Details:Case Title: Gayatri Prasad Prajapati v. State Of U.P. Thru. Prin. Secy. Home LucknowCase No.: C.M. Case No.99240 of 2019/ Bail No.5743 of 2019Quorum: Justice Ved Prakash VaishAppearance: Advocates Rukmini Bobde, Sushil Kumar Singh, Bal Keshwar Srivastava, Anand Mani Tripathi, Avinash Chandra, Shashank Kunwar, Sushil Kumar Singh, Vivek Tiwari & Roshni Shukla (for the Applicant); Additional Advocate General Vinod Sahi, Addl. G.A. Diwakar Singh (for the respondent-state); G.A., Bijay Raj Verma, Advocate Rajiv Kumar Rai, Advocate Sachida Nand (for the opposite party)Click Here To Download Order[Read Order] Next Storylast_img read more

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An Analysis Of Recent Judgments On Limitation Under IBC

first_imgColumnsAn Analysis Of Recent Judgments On Limitation Under IBC R Venkatavaradan & Saai Sudharsan18 Sep 2020 9:51 PMShare This – xPrior to the enactment of IBC (Second Amendment) Act, 2018 through which Sec. 238A of the Code was introduced, in a series of judgments, [1] the NCLAT and NCLT considered claims which were otherwise barred by limitation for the purpose of initiating of CIRP under Sections 7 and 9 of the Code. The Supreme Court, in B.K. Educational Services Private Limited v Parag Gupta and…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?LoginPrior to the enactment of IBC (Second Amendment) Act, 2018 through which Sec. 238A of the Code was introduced, in a series of judgments, [1] the NCLAT and NCLT considered claims which were otherwise barred by limitation for the purpose of initiating of CIRP under Sections 7 and 9 of the Code. The Supreme Court, in B.K. Educational Services Private Limited v Parag Gupta and Associates,[2] held that S. 238A, being clarificatory and procedural in nature, would be applicable to claims made under Sections 7 & 9 from the Code’s inception and that the commencement of the Code in 2016, as a consequence, would not revive stale claims. Subsequent to B.K. Educational Services, two judgments of the Supreme Court dealing with specific aspects of limitation are noteworthy. In Jignesh Shah v. UOI,[3] after holding that pendency of a suit for recovery of money did not extend the period of limitation for filing a winding-up petition, the Supreme Court, in paragraph 21 of its judgment, observed that an acknowledgement of liability would extend the period of limitation. In Babulal Vardharji Gurjar v Veer Gurjar Aluminium Industries Pvt. Ltd.,[4] the Supreme Court, relying on its earlier decision in B.K. Educational, held that the period of limitation for application under S. 7 was three years which could be extended only by an application under S. 5 of LA, 1963, if a plea of condonation of delay was made out. Noting that the question of limitation was a mixed question of law and facts, the court held that a party seeking application of extension or enlargement of the period of limitation had to plead the relevant facts and adduce requisite evidence. That being the position, the Court was of the view that no case for extension of the period of limitation was required to be examined. However, three aspects in Babulal require critical appraisal and analysis: Relying on BK Educational Services, the judgement holds that the period of limitation for filing an application under S. 7 is three years, which can be extended ‘only’ by an application under S. 5 of LA, 1963, if a plea of condonation of delay is made out. This observation would have to be tested in an appropriate case since proceedings under the Code are original in nature and, as such, the provisions of S. 5 may not apply.[5] As Art. 137 refers to an application and not a suit,[6] the Supreme Court referred to S. 5 for condonation of delay, leaving it open as to the circumstances under which S. 5 can be invoked for filing applications for condonation of delay after the expiry of the three year period under Article 137. On the issue regarding acknowledgment of liability, the Supreme Court, on facts, found that the Financial Creditor had failed to submit any pleading regarding the corporate debtor’s acknowledgment of liability. The judgement also refers to the Financial Creditor’s failure to submit necessary evidence/documents in Form-1 regarding acknowledgment of liability in the balance sheets of the CD. Based on the above factual position, the judgement concluded that the benefit of S. 18 of LA, 1963 was not available. Even though proceedings under the Code cannot be viewed as civil proceedings, the Supreme Court rejected the arguments on acknowledgment of liability made in the financials of the Corporate debtor and extension of limitation as a consequence on the ground that the Form filed by the FC did not plead extension of time based on acknowledgement. In the author’s opinion, if the balance sheet of the corporate debtor contains an acknowledgement of debt, the FC cannot be denied the benefit of such acknowledgement so long as it placed for consideration even though not specifically pleaded. As noted, the arguments on Section 18 relating to acknowledgment of liability was rejected by the Supreme Court only on facts. But the court also made reference to paragraph 21 of Jignesh Shah, which states that “an acknowledgment of liability under Section 18 of the Limitation Act would certainly extend the limitation period,” and held it as being ‘illustrative’ in nature and made ‘only’ in relation to the suit or other proceedings. The court went on to observe: “Even if it be assumed that the principles relating to acknowledgement as per S. 18 of the limitation act are applicable for extension of time for the purposes of application of S. 7 of the Code, in our view neither the said provision and principles come in operation in the present case nor they enure to the benefit of respondent no. 2.” (Respondent 2 is the Financial Creditor) The above observation in Babulal creates an impression that the benefit of the provisions of Section 18 of LA 1963 may not be available for applications filed under Ss. 7 & 9 of the Code, though the judgment does not specifically bar the application of Section 18 in appropriate cases. One can, therefore, safely assume that the above ratio would hold good only to the facts in Babulal. This position has also been affirmed in the decision of the NCLAT in Yogeshkumar Jashwantlal Thakkar v. Indian Overseas Bank.[7] In this case, the NCLAT rejected the contentions raised on behalf of the Corporate Debtor that Babulal excludes the applicability of S. 18 of LA, 1963. The NCLAT, relying on P. Sreedevi v. P. Appu,[8] observed that an acknowledgment of debt interrupted the running of prescription and that a mere denial would not take the sheen off documents and the claim of the creditor remained alive as a consequence of Section 18 of LA, 1963. On a conspectus of the above decisions, it is clear that an acknowledgment of liability extends the period limitation, provided such acknowledgment is within time as stipulated in Section 18. Even if such an acknowledgement were to revive the period of limitation available to a creditor, the decision of the NCLAT in V. Padmakumar v Stressed Assets Stabilisation Fund,[9] poses an additional hurdle. By a majority of 4:1, the NCLAT has held that an acknowledgement of liability in the financials of the corporate debtor would not be treated as an acknowledgement of liability for the purposes of extending limitation. This was held on the ground that filing of such documents were compulsory statutory requirements that had to be made before the ROC. The above reasoning of the NCLAT that an acknowledgement of debt in the books of accounts of the corporate debtor, in the author’s opinion, ignores the well settled law that such acknowledgement of debt would amount to an acknowledgement of liability.[10] The other aspect on limitation which would call for a closer scrutiny is the issue regarding applications filed under S. 7 and 9 of the Code based on a decree passed by a civil court. The definition of ‘creditor’ under Section 5(10) of the Code includes a ‘decree-holder’. A financial creditor can invoke the provisions of S. 7 of the Code based on a decree passed by a civil court.[11] In view of the law laid down by the Supreme Court in B. K. Educational Services and Babulal that only Art. 137 applies to proceedings under the code, however, such applications are treated as being barred by limitation if they are beyond 3 years from the date on which the default occurs under the decree by the civil court.[12] This, in the author’s opinion, gives rise to an anomalous situation where a decree or payment of money secured by a mortgage which is otherwise valid for a period of 12 years and used as proof of debt for the purposes of filing a claim with the RP/IRP, is treated as being barred by limitation under Art. 137 for the purposes of initiating corporate insolvency proceedings under the Code. The NCLAT, for instance, in Om Prakash Pandey v State Bank of India[13] and Basab Biraja Paul v. Edelwiess Asset Reconstruction Company Ltd.,[14] has held that the limitation for enforcing payment of money secured by a mortgage or otherwise charged by the immovable property was twelve years at the time when money sued for became due. Appeals filed against both these NCLAT judgments are pending before a three-judge bench of the Supreme Court, which now has the opportunity to re-examine the law laid down in B.K. Educational.[15] Views are personal only. [1] See among others Neelkanth Township and Construction P. Ltd. v. Urban Infrastructure Trustees Ltd., (2017) 143 SCL 538; Speculum Plast Ltd. v. PTC Techno Ltd., [2018] 142 CLA 165; Mack Soft Tech Ltd. v. Quinn Logistics India Ltd., [2018] 145 CLA 35. [2] (2018) 146 CLA 380 (SC) [3] (2019) 10 SCC 750 [4] 2020 SCC OnLine SC 647 [5] International Asset Reconstruction Company of India Ltd. v. Official Liquidator of Aldrich Pharmaceuticals Ltd., 2017 SCC OnLine SC 1245; The Agricultural Market v Sri Sankar Rao and Company, 2003 (1) ALD Cri 749: 2003 (2) ALT Cri 334. [6] Gaurav Hargovindbhai Dave v. Asset Reconstruction Company (India) Ltd., (2019) 10 SCC 572. [7] C.A. (AT) (Insolvency) No. 236 of 2020 dated 14.09.20 (NCLAT-Del.). [8] AIR 1991 Ker 76. [9] [2020] 221 Comp Cas 153 (NCLAT) [10] Lakshmiratan Cotton Mills Co. Ltd v Aluminium Corporation of India, (1971) SCC 2 623; Re Pandem Tea Co. Ltd., AIR 1974 Cal 170; Mahabir Cold Storage v. CIT, AIR 1991 SC 1357; Zest Systems (P) Ltd. v. Centre for Vocational Entrepreneurship Studies, 2018 SCC OnLine Del 12116; Shahi Exports (P) Ltd. v. CMD Buildtech (P) Ltd., 2013 SCC OnLine Del 3739. [11] Ishrat Ali v. Cosmos Co-Operative Bank Ltd., [2020] 10 Comp Cas-OL 140 (NCLAT-Del). [12] Also see, Jignesh Shah v UOI, (2019) 10 SCC 750; International Asset Reconstruction Co. Pvt. Ltd. v. Jayant Vitamins Ltd., CA (AT) No. 1471 of 2019 dated 17.12.19 (NCLAT-Del.); HDFC Bank Ltd. v. Bhagwan Das Auto Finance Ltd., CA (AT) No. 1329 of 2019 dated 09.12.19 (NCLAT-Del.); Rameswar Prasad Kejriwal & Sons Ltd. v. Garodia Hardware Stores (2002) 108 Comp Cas 187 (SC). [13] Company Appeal (AT) (Insolvency) No. 966 of 2019 dated 19.09.19 (NCLAT-Del.) [14] Company Appeal (AT) (Ins) No.772 of 2019 dated 06.09.19 (NCLAT-Del.) [15] See Basab Biraja Paul v. Edelwiess Asset Reconstruction Company Ltd., Civil Appeal No. 7732 of 2019. Next Storylast_img read more

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Ban on inter-county travel to be lifted on May 10th

first_imgThe ban on inter-county travel is set to be lifted on May 10th, under plans to be considered by cabinet today.Hairdressers, barbers and personal services are set to reopen on the same day, with the cap on weddings and funerals rising to 50.People from three households will be able to meet up in back gardens from that date.Outdoor dining and pubs are set to return on June 7th.Taoiseach Micheál Martin will unveil the plans this evening, and Junior Minister Niall Collins says they’re very welcome:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2021/04/collins7am.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Pinterest WhatsApp Previous articleDonegal should receive more in equalisation funding – ReportNext articleCovid-19 five-day moving average up 13% News Highland Important message for people attending LUH’s INR clinic FT Report: Derry City 2 St Pats 2 AudioHomepage BannerNews WhatsApp Pinterest Google+ RELATED ARTICLESMORE FROM AUTHOR Arranmore progress and potential flagged as population grows center_img Loganair’s new Derry – Liverpool air service takes off from CODA Twitter By News Highland – April 29, 2021 Facebook Facebook DL Debate – 24/05/21 News, Sport and Obituaries on Monday May 24th Twitter Google+ Ban on inter-county travel to be lifted on May 10thlast_img read more

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Jacqui Smith faces contempt of court accusation over refusal of skilled migrant visa extension

first_imgRelated posts:No related photos. Home secretary Jacqui Smith ended a torrid week with the accusation she was in contempt of court after a skilled migrant was refused a work visa extension on grounds that were recently ruled unlawful.Campaigners wrote to the Home Office last week to express their concern that ‘Mr S’ was denied an extension of his Highly Skilled Migrant Programme (HSMP) visa.The High Court last month ruled that changes made to the programme in November 2006 should not be applied to extension requests from migrants already in the UK.But on 13 May, Mr S was refused an extension on the basis of the quality of his English – a test only introduced in November 2006.Amit Kapadia, director of the campaign group HSMP Forum, wrote of his “astonishment” to Borders and Immigration Agency chief executive Lin Homer.“This seems to be a serious failure of your system, keeping in mind that more than five weeks has been taken on the pretext of implementing the judgment,” he said.Kapadia called for a firm commitment that no further refusals would be issued in contravention of the High Court judgment.Meanwhile, he revealed plans to launch a fresh judicial review to challenge the April 2006 decision to make HSMP holders complete five years on the programme, rather than four, before gaining permanent residency.A Home Office spokeswoman said: “We have said before that we accept the judge’s ruling as final and we will not waste tax payer’s money by pursuing an appeal. We are working hard to ensure the remedies we put in place are clear and work as smoothly as possible. We will provide details of these arrangements soon.“As with all applications for leave to remain, anyone who feels their application was incorrectly refused can ask the Home Office to reconsider or, where appropriate, appeal to the independent courts to overturn the decision.” Previous Article Next Article Jacqui Smith faces contempt of court accusation over refusal of skilled migrant visa extensionBy Greg Pitcher on 27 May 2008 in Personnel Today Comments are closed. last_img read more

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