High Courts Are Duty Bound To Issue Writ Of Mandamus For Enforcement Of A Public Duty: SC [Read Judgment]

first_imgTop StoriesHigh Courts Are Duty Bound To Issue Writ Of Mandamus For Enforcement Of A Public Duty: SC [Read Judgment] LIVELAW NEWS NETWORK7 Aug 2020 8:50 PMShare This – x”In appropriate cases, in order to prevent injustice to the parties, the Court may itself pass an order or give directions which the government or the public authorities should have passed.”In a judgment delivered on Friday, the Supreme Court observed that the High Courts not only have the power to issue a Writ of Mandamus or in the nature of Mandamus, but are duty-bound to exercise such power for the enforcement of a public duty. In appropriate cases, in order to prevent injustice to the parties, the Court may itself pass an order or give directions…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 a judgment delivered on Friday, the Supreme Court observed that the High Courts not only have the power to issue a Writ of Mandamus or in the nature of Mandamus, but are duty-bound to exercise such power for the enforcement of a public duty.  In appropriate cases, in order to prevent injustice to the parties, the Court may itself pass an order or give directions which the government or the public authorities should have passed, had it properly and lawfully exercised its discretion, the bench of Justices Indu Malhotra and Indira Banerjee said.The dispute in this case pertains to a private road. The trust filed an application in which it requested the State Government to correct the wrong entry (as internal road to the Trust) in the name of Pune Municipal Corporation. The Urban Development Department, Government of Maharashtra rejected the proposal and held that the Pune Municipal Corporation is the owner in respect of the land. The High Court dismissed the writ petition challenging the said order passed by the Government and held that the land in question had vested under Section 88 of the Regional and Town Planning Act.   While setting aside the High Court judgment which had dismissed a writ petition filed by Hare Krishna Mandir Trust, the Court observed that admittedly the private road in question did not at any point of time belong to the Pune Municipal Corporation. On its refusal to issue mandamus to correct the wrong entry, the bench observed:”The High Courts exercising their jurisdiction under Article 226 of the Constitution of India, not only have the power to issue a Writ of Mandamus or in the nature of Mandamus, but are duty bound to exercise such power, where the Government or a public authority has failed to exercise or has wrongly exercised discretion conferred upon it by a Statute, or a rule, or a policy decision of the Government or has exercised such discretion malafide, or on irrelevant consideration. In all such cases, the High Court must issue a Writ of Mandamus and give directions to compel performance in an appropriate and lawful manner of the discretion conferred upon the Government or a public authority.”The court further observed:”The Court is duty bound to issue a writ of Mandamus for enforcement of a public duty. There can be no doubt that an important requisite for issue of Mandamus is that Mandamus lies to enforce a legal duty. This duty must be shown to exist towards the applicant. A statutory duty must exist before it can be enforced through Mandamus. Unless a statutory duty or right can be read in the provision, Mandamus cannot be issued to enforce the same.””The High Court is not deprived of its jurisdiction to entertain a petition under Article 226 merely because in considering the petitioner’s right to relief questions of fact may fall to be determined. In a petition under Article 226 the High Court has jurisdiction to try issues both of fact and law. Exercise of the jurisdiction is, it is true, discretionary, but the discretion must be exercised on sound judicial principles.”Case detailsCase no.: CIVIL APPEAL NO.6156 OF 2013 Case name: HARI KRISHNA MANDIR TRUST vs. STATE OF MAHARASHTRA Coram: Justices Indu Malhotra and Indira Banerjee Counsel: Sr. Adv Pallav Sisodia  assisted by Adv Braj K Mishra for Appellants, Nishant R. Katneshwarkar for State,  AdvocatesMarkand D. Adkar and Rajesh Kumar, for CorporationClick here to Read/Download JudgmentAlso from the judgment: Right To Property Is A Constitutional As Well As Human Right, Reiterates SC  Click here to download the judgmentRead Judgment Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Parish cools takeover talk

first_img Press Association He told the Croydon Guardian: “There are always people who want to buy football clubs. “Sometimes people approach you and it gets out, sometimes people approach you and it doesn’t, but there is no imminent takeover. “We are talking to a number of people on a number of fronts. “I’ve always said that if somebody wanted to invest in the club and move it forward quicker than I or we (CPFC 2010) can then we would entertain it. “We look at all possibilities that are out there – and there are many – but people have been quite ahead of themselves on this one.” Crystal Palace co-chairman Steve Parish has denied a takeover of the Eagles is imminent – but admitted to being open to the possibility of a change of ownership at Selhurst Park. center_img It has been reported that American billionaire Josh Harris has begun talks to take control of the Barclays Premier League club, with a deal close. Parish, though, insists those suggesting a deal is imminent are jumping the gun. last_img read more

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Linden girl diagnosed with eye cancer departs for Cuba

first_img– family seeking assistance in securing more funds to complete treatmentThree-year-old Crystal John of Amelia’s Ward, Mackenzie, Linden, who was diagnosed with cancer of the retina, has departed Guyana for Cuba to undergo life-saving surgery.John departed these shores on Tuesday, but her family is still seeking to raise more funds to offset expenses, since the initial target was not met. According to the toddler’s mother, LaShawn Daniels, the family with the help of the Giving Hope Foundation, public-spirited citizens and organisations had managed to secure only part of the funds and as of Thursday, they were still awaiting financial assistance from the Public Health Ministry.The family had initially sought to secure US$10,000, which included the cost forThree-year-old Crystal Johntreatment, accommodation, transportation, and other costs. A number of organisations, including the Giving Hope Foundation Guyana and the Sar & B Nonprofit Foundation have since been on the quest to assist the family in raising the monies with the help of the public.Linden Nurse Colwyn Allen had also organised a telethon on his radio programme “Healthy Living with Nurse Allen” in an effort to assist.Speaking with Guyana Times, Daniels noted that they still needed half of the funds for the toddler’s complete treatment, since they only managed to secure half. The family, she noted, was expected to send the remainder of the money.“We have no idea where we’re going to get it from,” Daniels indicated.Little Crystal was diagnosed with the life-threatening disease when she was just eight months old, resulting in the removal of one of her eyes. It has since spread to her other eye and she is currently unable to see. In an effort to save her life and prevent further spread, her remaining eye has to be removed.As such, her parents, Ivan John and LaShawn Daniels, are seeking the assistance of the public and the Public Health Ministry, in an effort to urgently secure funds for her complete treatment in Cuba.  Donations can be made via Citizens Bank Account # 219-002-772 and GBTI Account # 001062730013.  A GoFundMe account has also been set up at GoFundMe: https://www.gofundme.com/crystals-johns-treatment. Her parents can be contacted on phone numbers 690-0866, 670-4337 or 687-7171, or interested persons can contact the Giving Hope Foundation on telephone number 227-6588.last_img read more

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Provincial Fast Pitch Final Results

first_imgThe Fort St. John boys played hard and had very close games against the teams from the south . They played Sooke Sunday and finished with a 4-3 score.The end results in the A division were 1. Langford 2. Fleetwood 3. Sooke 4. Fort St. John and the C Divison was 1. Kitimat 2. Fort Nelson.FSJ Minorball would like to thank the community for all of the support and volunteers that put in long hours to make the provincials a great experience for the boys. All the teams raved about the diamonds and our city for the hospitality they were shown.- Advertisement -Next, the Fort St. John Midget boys’ team leaves for Winnipeg on July 31st to compete in the Western Canadian championships; donations are needed for the flights and to help with expenses. Thanks to those that have donated already!You can call Jenn Bell 793-4454 or Kelly Gullickson 787-7185last_img read more

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Wenger says his future is not the issue at Arsenal

first_img0Shares0000The pressure has increased on Arsene Wenger again after Arsenal’s abject defeat to Manchester City in the League Cup finalLONDON, United Kingdom, Feb 28 – Arsene Wenger on Wednesday refused to confirm whether he will be in charge at Arsenal next season as he prepares for a match against Manchester City just days after their League Cup humiliation against Pep Guardiola’s team.The Frenchman has come under fire from Gunners fans since an abject display in Sunday’s 3-0 hammering at Wembley. Speaking at his pre-match press conference ahead of Thursday’s match against the Premier League leaders, Wenger said: “Does it stop you to sleep that my position is uncertain or certain? No. What is important in football is the game. All the rest makes headlines but it is not interesting.“I’m just amazed I’m always to answer things that are the same. I turned the whole world down to respect my contract.”On the Wembley defeat, Wenger said: “I’m quite amazed at how people analyse (the cup final) it looks like we lost against a team in division five — we lost against a team that dominates English football at the moment. We have to take a bit of perspective.”Former Manchester United and England defender Gary Neville was highly critical of Arsenal’s cup final display, labelling it “absolutely spineless”.Wenger responded: “I’m long enough in the game to know when you lose a big game people say the players don’t want it enough. You have to analyse if that is a serious problem. I am not convinced. For me, it is not the main reason.“You can always get out pictures in a game to justify what you think. I believe that we have to live with that criticism and respond together like we always do.”0Shares0000(Visited 1 times, 1 visits today)last_img read more

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Three things we learned from Man City v Tottenham

first_img0Shares0000Tottenham Hotspur players celebrate their win over Manchester City in a UEFA CHampions League semi-final match on April 17, 2019MANCHESTER, United Kingdom, Apr 19 – Tottenham have earned a Champions League semi-final clash against Ajax, beating Manchester City on away goals after a 4-3 defeat secured a 4-4 aggregate score in one of the games of the season on Wednesday.Here AFP Sport looks at three things we learned from a sensational quarter-final second leg: Pochettino delivers at lastTottenham Hotspur coach Mauricio Pochettino celebrates his side’s win over Manchester City in a UEFA CHampions League semi-final match on April 17, 2019After a series of frustrating defeats when the stakes were at their highest, Mauricio Pochettino’s Tottenham finally came through on the big occasion.Falling short in FA Cup semi-finals, Champions League knockout games and Premier League title battles had tarnished Pochettino’s otherwise impeccable credentials as one of the brightest young managers in Europe.But, playing without injured star striker Harry Kane, Pochettino inspired a tour de force performance from Tottenham.Pochettino is yet to win his first major trophy, but he out-witted City boss Pep Guardiola, who has won every prize the game can offer.Tottenham were aided by two huge VAR decisions that allowed to them to score the decisive third goal when Fernando Llorente bundled in off a combination of his arm and hip — and then escape what would have been a Raheem Sterling last-gasp winner as offside was given against Sergio Aguero.But luck wasn’t the reason for Pochettino’s success as he leads Tottenham in the Champions League semi-finals for the first time despite not buying a single player in the last two transfer windows due to the restraints from the move to their new stadium.Tottenham are in the last four of a European competition for the first time since the 1984 UEFA Cup because Pochettino and no wonder Tottenham’s jubilant fans chanted Pochettino’s name loudly as he danced with his players on the pitch at full-time.Guardiola suffers more Euro miseryPep Guardiola reacts after teh last minute VAR decisionPep Guardiola held his head in his hands when Ilkay Gundogan’s close-range effort ballooned over the bar in the closing moments, the Manchester City manager’s angst at his latest Champions League failure clear for all to see.Guardiola is rightly regarded as the best manager of his generation after trophy-laden spells with Barcelona, Bayern Munich and now City.But despite having access to vast financial backing at all three clubs and coaching some of the world’s greatest players, Guardiola has only got his hands on the Champions League trophy twice in his 11-year career.The Spaniard won it with Barcelona in 2009 and 2011, while also earning a winners’ medal as a Barca player in 1992.Dumped out by Liverpool last year, City, who have never won the Champions League, once again came up short on the big occasion in Europe.City’s bid for an unprecedented quadruple is over and now the question is whether they can recover in time to overhaul Liverpool in the Premier League title race.Spurs could ruin that City dream as well when they return to the Etihad Stadium in the league on Saturday.Son shines againTottenham Hotspur striker Son celebrates after scoring against Manchester City in a UEFA CHampions League semi-final match on April 17, 2019Son Heung-min has proved this season that playing without Harry Kane won’t be fatal to Tottenham’s ambitions and the South Korea forward was in sparkling form with a brilliant double.With Tottenham trailing after just four minutes and Kane sidelined, Son set about dismantling City’s defence.Seizing on Aymeric Laporte’s miscued block, Son quickly whipped a low strike that caught Ederson off balance as it bounced in off the City goalkeeper’s foot for the seventh minute equaliser.That was followed by Son’s second three minutes later as he shifted away from Kyle Walker before curling a superb shot into the far corner.Son, who had scored the first leg winner against City, has now bagged 11 goals in 11 matches with Kane absent this term.His pace, skill and astute movement make him a different proposition for central defenders than Kane and some have even suggested Tottenham look better with Son up front than the England captain.However, there was a sting in the tail as a second half booking for Son, who tugged on Kevin De Bruyne on the edge of the Tottenham area, means he will miss the first leg of the semi-final.0Shares0000(Visited 2 times, 1 visits today)last_img read more

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Conversations on Nation Brand alignment to be held

first_imgBrand South Africa in collaboration with the Gauteng Department of Economic Development, will host various stakeholders at the Gauteng Investment Centre on Thursday 08 June 2017 as part of its workshop to build South Africa’s competitiveness and a cohesive image of the South African Nation Brand. Just how is a nation brand marketed? This is one of the many questions Brand South Africa and the Gauteng Department of Economic Development will try to answer at the nation brand workshop. (Image: Walter Knirr, Gauteng Film Commission)Johannesburg, Tuesday 06 June 2017 – The workshop conversations aim to enable stakeholders to assess their role in contributing towards building the Nation Brand and how existing efforts to build a cohesive Nation Brand can be further strengthened.Brand South Africa continuously works with stakeholders around the country on an ongoing basis to bring these conversations, as it is imperative that all stakeholders understand how they can work together to position South Africa as a competitive investment, tourism and business destination.Ms Toni Gumede, Brand South Africa’s Stakeholder Relationship Manager: Government asserts that; “the Nation Brand alignment workshops are a critical part of achieving coordinated and coherent manner of presenting the country. This year we aim to further drive these conversations to all stakeholders, making it inclusive and diverse with the core message, to build a strong Nation Branding.”Topics for this Gauteng session will include “the importance of building a sustainable brand” presented by Mr Bob Mabena and a case study on Nation Brand alignment presented by the Gauteng office of the Premier.Participants will also engage in the Nation Brand Masterclass and site tour of the Gauteng Investment Centre.Media is invited to participate in the workshop as follows:Date : Thursday 08 June 2017Time : 08h00 -16h00Venue : Gauteng Investment Centre, The Place,1 Sandton Dr, Sandton, Johannesburg, 2196RSVPS/Enquiries : Ntombi NtanziEmail [email protected] number 081 7041488Brand South Africa will also be able to facilitate any requests for interviews.Follow the conversation on #SANationBrandlast_img read more

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Understanding worker classification

first_imgShare Facebook Twitter Google + LinkedIn Pinterest Brian E. Ravencraft, CPA, CGMA is a Principal with Holbrook & Manter, CPAsBy Brian E. Ravencraft, CPA, CGMA, Partner at Holbrook & Manter, CPAsFor decades, worker classification has been a controversial topic between the IRS and taxpayers. According to the IRS, millions of workers are misclassified as independent contractors each year. The distinction is important because it determines if an employer must withhold income taxes and pay employer payroll taxes such as social security, Medicare, and unemployment. As the tax laws continue to change, we expect for the problem to continue to grow as businesses look for ways to reduce their tax bills. With an understanding of the worker classification rules, your business can develop policies and procedures to ensure that workers are properly treated as employees or independent contractors.To determine how to classify a worker, the IRS provides three tests:Behavioral Control: A worker is considered to be an employee when the business has the right to direct and control the work performed by the worker. Examples are:Instructions are given such as when/where to work and what tools to use.Evaluation systems are in place to measure the processes of how the work is to be done.Training is provided about procedures and methods.Financial Control: A worker is considered to be an employee when the business has the right to direct or control the financial aspects of the jobs. Examples are:Significant financial investments are made in the equipment the worker usesIf the workers services are available to the market. Independent contractors are generally free to seek out business opportunities.Method of payment. An employee is guaranteed a regular hourly or salary wage for a period of time. Independent contractors are often paid for the job by a flat fee.Relationship: The relationship can be determined based upon how other workers and business perceive the interaction or relationship to be.Written contracts should be prepared to describe the relationship.Benefits provided by the employer for insurance, pension plan, vacation pay etc. typically indicate an employee relationship.Permanency of the relationship. If the relationship is expected to continue indefinitely, rather than job or project specific timelines, then it is generally considered to be an employee relationship.It is important to be aware that the consequences of misclassifying an employee can be severe. The IRS can select your business at any time for a random audit. If the findings of the audit conclude that independent contractors should have been paid as employees, you could be responsible for additional employer payroll taxes, penalties and additional IRS or DOL audits. Don’t get caught with unexpected payroll tax liabilities or penalties. If you feel your company may have exposure or if you want our assistance determining how to classify a worker, please reach out. I would be happy to help you. Brian E. Ravencraft, CPA, CGMA is a Principal with Holbrook & Manter, CPAs. Brian has been with Holbrook & Manter since 1995, primarily focusing on the areas of Tax Consulting and Management Advisory Services within several firm service areas, focusing on agri-business and closely held businesses and their owners. Holbrook & Manter is a professional services firm founded in 1919 and we are unique in that we offer the resources of a large firm without compromising the focused and responsive personal attention that each client deserves. You can reach Brian through www.HolbrookManter.comlast_img read more

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Next Big Sound: Actionable Intelligence About Music Fans’ Online Activities

first_imgA Web Developer’s New Best Friend is the AI Wai… Musicians do battle with the Internet in one way or another every day.Now that many have moved beyond piracy concerns as a primary issue, they are looking at how to increase page views, prompt virality, and stimulate interaction. The better part of action is knowledge, and one of the simplest, newest ways for artists to get more knowledge about their fans’ activities online is through the Next Big Sound, a site that tracks a lot more than just page views, digging a little deeper to display listens, likes, and adds.Right now, Next Big Sound tracks plays, views, fans, comments, and other data for almost half a million artists across major properties, including iTunes, Facebook, and Twitter.For those who need to grab data for multiple artists (hello, young record label social media intern!), NBS provides daily or weekly emails and/or RSS feeds. The app doesn’t seem to show stats for specific tracks, so this isn’t the place to go to suss out your new single. And page views are tracked only for MySpace (a.k.a. the sad little website where bands go to die). Mentions on Twitter are not tracked, either.But the greatest sin the NBS team commits is not including YouTube in their tracking of comments, favorites, subscriptions, and page views. Nowadays, YouTube is the new MTV; music fans will very often search for and listen to new or favorite music on that site rather than a music-only site.Currently, the site is free, with no mention of premium options to be released.The Boulder-based NBS team is part of the TechStars program there. We interviewed them on video about a month ago when they had just decided to completely change their site model. 8 Best WordPress Hosting Solutions on the Market Related Posts jolie odell Top Reasons to Go With Managed WordPress Hosting Why Tech Companies Need Simpler Terms of Servic… Tags:#start#startups last_img read more

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Resource Discovery: NCADV Hope and Power for Your Personal Finances

first_imgJay Morse & Heidi Radunovich, PdDThe National Coalition Against Domestic Violence (NCADV), in collaboration with the National Endowment for Financial Education, has developed financial education materials designed specifically for domestic abuse survivors.[Flickr, On my kitchen table by Regina, CC BY-ND-NC 2.0] Retrieved on September 23, 2015NCADV offers information on their financial education project and other useful financial education materials, information on obtaining copies of Hope & Power for Your Personal Finances, and other useful financial education materials on their website.Order the bookPersonal Finances for Domestic Abuse Survivors ProjectWebsite This post was written by Jay Morse & Heidi Radunovich, PhD, members of the MFLN Family Development (FD) team which aims to support the development of professionals working with military families. Find out more about the Military Families Learning Network FD concentration on our website, on Facebook, on Twitter, YouTube, and on LinkedIn.last_img read more

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