Understanding How Credit Score Works

first_img Save my name, email, and website in this browser for the next time I comment. By Allen BrownYour credit score represents your financial history, status, and eligibility to take a loan. It is a number between 300 and 850 and is categorized as Poor, Fair, Good, Very Good, and Excellent, with Excellent being the best score among all applicants. Basically, your credit score represents your payment history and financial status. It helps lenders determine whether you are eligible to pay back a loan or not. Here is everything you need to know about credit score and how it works. Which Factors Impact Credit Scores?Among several factors that determine and impact credit scores, three of them stand out and are of the utmost importance.The Amount You OweIf you have taken a loan and are still in debt, the amount you owe will be taken into consideration. Other inclusive indicators are the type of loan you have taken [for example a Wonga loan], the total amount you owe, its breakdown, your debit and credit profile, and your existing burden. To further understand your capacity to pay back the amount you owe, the types of loans taken are broken down to determine creditworthiness. Note that the amount you owe is not the only indicator to calculate your credit score. For instance, you may owe a lot of money in debt due to a recent loan you just took out; however, you may still have a clear payment history, which means that you are financially sound and can easily pay off your debt and are capable of getting another loan in the near future.  Your Payment HistoryA person’s payment history is a crucial factor to determine whether they are eligible for further loan assistance or not. The way a person handles payments, what their credit card history is like, and their behavior with debt are all noted. Basically, it is like a track record of your financial portfolio. If you have failed to pay your mortgage on time, you may be penalized with extra interest or an additional installment, which is recorded in your payment history. Such yellow flags can massively deteriorate your credit score and pull it down. Moreover, it clearly declares that the person has and may have trouble in paying back their debt. Types of Credit The types and number of accounts or credit you have will also be considered when calculating your score. If your lines of credit keep revolving and the relevant installments are paid on time, you can still retain your credit score. Student loans, mortgages, car loans, and credit cards are a mix of credit lines or accounts. This also shows that you are capable of handling and paying back debt related to a mix of different accounts. Even though having a healthy mix of credit lines and accounts is more considerable than having fewer or no accounts at all, you should not take out loans if they are not really necessary. How to Improve Your Credit Score If your credit score is low, consider these options to improve it and polish your financial portfolio. Pay Off Debt As Soon As PossibleSince one of the main reasons for having a low credit score can be attributed to your pending debt, the simplest way to improve your credit score is by paying off your debt at the earliest possible time. Your credit card balance is divided by your credit limit, which gives your credit utilization ratio. Abide by this percentage and keep your balances low. Review Your Credit ReportAt times, errors in credit reports can pull down your credit score. Check your credit reports and make sure that every account and record listed on them are accurate. As soon as you see an error, get it corrected as it can massively affect your credit score. Take your dispute to the responsible credit reporting bureau. Even if the credit score is settled, keep a regular check on your records. At the same time, learn more about rebuilding your credit and history. This can be done by repaying your debt and rechecking your payment history.  Once you learn how to build credit history, give it some time as it is not an easy fix. In extreme cases, it can take up to six or seven years to rebuild your credit score. Do Not Open New Accounts Unnecessarily Contrary to popular belief, opening a new account does not necessarily improve credit scores. In fact, you may get into a deeper debt hole that can affect your credit score. To avoid this, avoid opening new accounts unless it is necessary. With an improved credit score, you can increase your chance of getting a loan at a lower interest rate. Instead of going through the hassle of checking papers and digging deeper into your payment history, a mere look at your credit score can help the lenders and financial institutions arrive at a decision. So, understand your credit history and take the necessary steps to improve your score. Free webinar for job seekers on best interview answers, hosted by Goodwill June 11 TAGSAmount OwedCredit ReportCredit ScoreDebtFactorsNew AccountsPayment HistoryTypes of Credit Previous article7 Good Parenting Tips for Healthy Child DevelopmentNext articleFlorida adds statewide protections for LGBTQ+ individuals Denise Connell RELATED ARTICLESMORE FROM AUTHOR LEAVE A REPLY Cancel reply You have entered an incorrect email address! Please enter your email address here The Anatomy of Fear Support conservation and fish with NEW Florida specialty license plate Please enter your name here Share on Facebook Tweet on Twitter Please enter your comment!last_img read more

Thayer Brick House / Brooks + Scarpa + Studio Dwell Architects

first_imgShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/918829/thayer-brick-house-brooks-plus-scarpa-plus-studio-dwell-architects Clipboard United States Houses Manufacturers: APOC, Anemostat, Fleetwood, Milgard, Nationwide Industries, T.M. Cobb, Timely Industries, Weyerhaeuser, Accurate Metal Chicago, Chicago Common Brick, Del Rey, Forest Stewardship Council, PPG IdeaScapes, US Aluminum Corporation ArchDaily ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/918829/thayer-brick-house-brooks-plus-scarpa-plus-studio-dwell-architects Clipboard Save this picture!Courtesy of Brooks + Scarpa+ 54Curated by Paula Pintos Share Louis Shell Structures Thayer Brick House / Brooks + Scarpa + Studio Dwell ArchitectsSave this projectSaveThayer Brick House / Brooks + Scarpa + Studio Dwell Architects General Contractor: Civil Engineering: Area:  2800 ft² Photographs Structural Engineering: “COPY” Projectscenter_img Photographs:  Marty Peters Manufacturers Brands with products used in this architecture project Brooks + Scarpa Landscape: Lighting Design: Studio Dwell Architects: Brooks + Scarpa, Studio Dwell Architects Area Area of this architecture project Design Team:Cesar Delgado, Fui Srivikorn, Matt Barnett, Angela Brooks, Jonathan Heckert, Jeff Huber, Arty Vartanyan, Chinh Nhan Nguyen, Eleftheria StavridiElectrical And Lighting Engineering:Studio DwellElectrical Engineer:Studio DwellLighting Engineering:Studio DwellCity:EvanstonCountry:United StatesMore SpecsLess SpecsSave this picture!© Marty PetersRecommended ProductsMetallicsKriskadecorMetal Fabric – Outdoor CladdingDoorsSaliceSliding Door System – Slider S20WoodGustafsWood Veneered Wall & Ceiling PanelsWoodBruagBalcony BalustradesText description provided by the architects. Located within a few blocks of the campus of Northwestern University in the suburbs of Chicago, this modest sized courtyard house is wrapped almost entirely in brick. Chicago “Common” brick, as it is known, was chosen because they look different from typical red bricks – a result of the geological composition of the indigenous Lake Michigan clay and the way in which it is fired.  It’s variegations and irregularities made “Common” bricks unattractive, cheap and an abundant resource—a prosaic building material used in places generally obscured from the street such as side and back walls, chimney flues, and structural support behind facades.Save this picture!© Marty PetersConversely, the brick at the Thayer House is highly visible and featured as a prominent design element.  The street facade is organized in vertical twisting columns to create an ever-changing pattern of opening and closing as light moves across and thru the facades.  As the viewer passes by the home, the façade creates a moire-like pattern that appears to be constantly in motion. Depending on one’s location, the porous courtyard façade courtyard can appear open and welcoming while also feeling closed and private.  This allows glare free daylight to penetrate into the building through glazed surfaces behind them, as well as creating a glow from within when the lights are on at night. Light seeping through the brickwork produces a shifting geometric pattern of light and shadow on the walls and floors of the rooms, circulation areas and neighboring structures that alters throughout the day.Save this picture!© Marty PetersThe design examines the tension between materials, form and experience.  Of particular interest is the idea of transcending traditional craft and elevating humble materials without trying to make them into something other than what they really are.  It is an attempt to find and reveal the extraordinary from within the ordinary.  This exploration encourages the user to forge a deeper and more meaningful understanding of the fundamental, yet delicate relationships that exist between themselves, the natural world, its vital resources, and our collective cultures.Save this picture!© Marty PetersSave this picture!AxoSave this picture!© Marty PetersBy using the familiar in an unfamiliar location and application, the material become perceptually both old and new at the same time.  This makes one more aware of, not just the building, but also our sense of place.  There is a sense of discovery, something spontaneous and unexpected.  The object is important but it’s the experience that has a profound impact and leaves something that lasts well beyond the mere physical and visual existence of the building. This gives us the opportunity to not only learn about design but also, about ourselves, our collective cultures and our place in society. The philosopher John Dewey described this idea as the transformation and conversion of memories from our subconscious into a tangible and unified whole.  Buildings need this context to be understood and to be relevant to society. It gives historical perspective, connecting buildings to people and our collective cultures. Without such context, buildings are simply objects to look at, and not places that bring vitality and meaning to people. Save this picture!© Marty PetersProject gallerySee allShow lessMuttenz Water Purification Plant / Oppenheim Architecture + DesignSelected ProjectsWood and Straw Housing / NZI ArchitectesSelected Projects Share CopyHouses•Evanston, United States Brooks + Scarpa “COPY” Studio Dwell Thayer Brick House / Brooks + Scarpa + Studio Dwell Architects CopyAbout this officeBrooks + ScarpaOfficeFollowStudio Dwell ArchitectsOfficeFollowProductBrick#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesEvanstonUnited StatesPublished on June 12, 2019Cite: “Thayer Brick House / Brooks + Scarpa + Studio Dwell Architects” 12 Jun 2019. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogFaucets / SinkshansgroheKitchen SinksGlass3MSun Control Window Film in MarkthalPartitionsSkyfoldIntegrating Operable Walls in a SpaceRetractable StructuresShadeFXRetractable Canopies in Beverly HillsPanels / Prefabricated AssembliesIsland Exterior FabricatorsSpecialty Facade SystemsWoodSculptformTimber Tongue and Groove CladdingSkylightsVELUX CommercialLonglight 5-30° – Modular SkylightsBars / Wire / MeshJakobWebnet – Sports NetSuspension SystemsMetawellAluminum Panels for Ceiling SailsMineral / Organic PaintsKEIMTiO2-free Mineral Paint – Soldalit®-ArteHanging LampsLuminisPendant Lights – HollowcoreHandicap BathroomAamsco Lighting, Inc.Mirror-Lux LED Illuminated MirrorMore products »Save想阅读文章的中文版本吗?泰尔砖屋 / Brooks + Scarpa + Studio Dwell Architects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 streamlast_img read more

TCU ramping up anti-hazing efforts for the new semester

first_imgTCU places second in the National Student Advertising Competition, the highest in school history Facebook Previous articleUPDATE: Reported off campus robbery actually a narcotics deal gone badNext articleMen’s basketball continues to improve defensively Corinne Hildebrandt RELATED ARTICLESMORE FROM AUTHOR World Oceans Day shines spotlight on marine plastic pollution Twitter Corinne Hildebrandthttps://www.tcu360.com/author/corinne-hildebrandt/ Linkedin + posts Corinne Hildebrandt is a sophomore journalism major and sociology minor from Wayne, Illinois. She enjoys staying active and has a difficult time sitting still for long periods of time. When she’s not reporting, Corinne is most likely on the go exploring the many restaurants (and ice cream shops) that Fort Worth has to offer. Corinne Hildebrandthttps://www.tcu360.com/author/corinne-hildebrandt/ Corinne Hildebrandthttps://www.tcu360.com/author/corinne-hildebrandt/ What we’re reading: Controversy in D.C. <span data-mce-type=”bookmark” style=”display: inline-block; width: 0px; overflow: hidden; line-height: 0;” class=”mce_SELRES_start”></span> What we’re reading: Arrivals in Argentina Parking lot closures cause new problems for students Corinne Hildebrandthttps://www.tcu360.com/author/corinne-hildebrandt/ Fort Worth B-Cycle looks to attract more riders Facebook printChapter-wide suspensions, regular meetings with leadership from nationals and newly developed protocols are just some of the punishments three TCU Greek chapters faced last semester after being found in violation of TCU’s hazing policy.In the past three years, five sororities and fraternities have faced sanctions for hazing. While there have been no fatalities at TCU, nationwide at least 70 deaths have been attributed to it since 2000.  Still, TCU officials said they want students to understand the dangers of hazing and be vigilant about safety. Evan Konecky, a coordinator for Fraternity and Sorority Life (FSL), said that although the events happening at other schools across the nation don’t directly affect the university’s Greek culture, FSL is working with each organization to maintain a positive environment for students. “I think all of our organizations need a reality check,” Konecky said.This is why FSL is pairing up with the president of every fraternity and sorority to get a sense of what composes each chapter, Konecky added. “We’re in the business of making sure that everyone is following the national policies that they set out and also the policies that TCU set out in the student organization handbook,” said Konecky. “That’s what we really follow.”FSL is providing guest speakers, frequenting chapter meetings and hosting conferences with each chapter’s president in its effort to raise awareness.“We’re going to see more president round table discussions about what’s happening across the country, so we can be more proactive instead of retroactive here at TCU,” Konecky said.编辑触摸共享全屏制作你自己的了解更多此交互式图像使用ThingLink创建。在thinglink.com上查看此图像。接触图片分享图像…全屏Joshua Witkop, a sophomore member of the Beta Theta Pi chapter, said he feels the reputation of an organization lies in the core of its members.“I think that, as a member of a Greek organization, the individuals compose the body and the body reflects the individuals,” Witkop said.Because of this, Witkop said he realizes the importance of educating the members first to make sure TCU’s Greek chapters are positively reflecting the university.“In order to really reinforce those understandings and those fundamental views of how life works, I think it is valuable to keep implementing education,” Witkop said.Hazing:Each semester, a hazing memorandum is sent out campus-wide as a reminder of the anti-hazing law that was enacted by the Texas Legislature in 1987.Associate Vice Chancellor of Student Affairs Michael Russel said that the email addresses the laws and disciplinary actions for hazing at both the university and the state level.Texas law defines hazing as “any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, hold office in, or maintaining membership in an organization whose members are or include students at an educational institution.”Although the university and the state provide a legal definition of what constitutes as hazing, Russel said the term can be loosely construed as the interpretation tends to vary from person to person.Konecky said his definition coincides with Abraham Maslow’s Hierarchy of Needs, a theory that explains a person’s attempt to fulfill their basic needs.  Konecky said hazing is making somebody do something against their own will, and if it is an act they agree to, they’re doing it because they want to fit in.With TCU’s Greek affiliation at more than 50 percent of the student body, Konecky said that students want to feel the approval and sense of belonging to a group, which is why students participate in activities against their own ambition.“Our students want to get that experience,” he said. “So they’re going to put up and tolerate what students normally wouldn’t want to tolerate if our Greek life wasn’t so big.”In addition to the state of Texas hazing statute, TCU has the right to enforce its own rules against hazing.Vice Chancellor for Student Affairs Kathy Cavins-Tull said there are policies set in place for behavior that violates the university’s Code of Conduct.“We keep track of violations every semester,” Cavins-Tull said. “Individual issues are handled through the regular conduct process and groups are managed by a combination of the governance procedures outlined by their national headquarters and our grievance process for student organizations.”With TCU’s continued investments in infrastructure and resources for the university’s Greek culture, Konecky said that he believes the trajectory of interest in Greek affiliation among students will still remain at a high level. “TCU isn’t changing their perspective of Greek life,” he said. “We still think it is a very important part of the TCU identity, having a strong Greek community.” Twitter ReddIt Linkedin ReddIt Corinne Hildebrandt Welcome TCU Class of 2025last_img read more

What we’re reading: Prince Philip dies at 99, President Biden unveils spending proposal

first_imgWhat we’re reading: Former Vice President dies at 93, Chad President killed on frontlines Fifth annual Drew Medford Memorial Tournament honors former Paschal pitcher, awards 20 scholarships + posts Lucy Puentehttps://www.tcu360.com/author/lucy-puente/ Britain’s Queen Elizabeth II, accompanied by Prince Philip, leaves after attending a service of commemoration to pay tribute to members of the British armed forces past and present who served on operations in Afghanistan, at St Paul’s Cathedral, in central London, Friday, March 13, 2015. (AP Photo/Lefteris Pitarakis) Twitter Lucy Puente printPrince Philip, husband to Queen Elizabeth II, dies at 99The death of Prince Philip was announced by the Royal family this morning at Windsor Castle, according to The Washington Post.Prince Philip was hospitalized after contracting an infection after a recent heart surgery. He was born as Philip Schleswig-Holstein-Sonderburg-Glücksburg on June 10, 1921, on the Greek island of Corfu on the dining room table of his parents’ home. His ancestors were royalty of Denmark, Germany, Russia and Britain. Prince Philip and Queen Elizabeth were married in 1947 and have been by each other’s side ever since. He and Elizabeth were cousins, two great-great-grandchildren of Queen Victoria. What to expect after the COVID-19 vaccine and “breakthrough” casesA health worker holds a vial of AstraZeneca vaccine to be administered against COVID-19 during a vaccination campaign at WiZink indoor arena in Madrid, Spain, Friday, April 9, 2021.(AP Photo/Manu Fernandez)There are still rare instances of individuals contracting the virus after the vaccination, called “breakthrough cases”, according to ABC News.The vaccine gives immune systems a ‘competitive edge’ when it comes to the COVID-19 virus and combating the illness. Individuals with compromised immune systems, like the elderly and terminally ill, are more susceptible to contracting a case of COVID post vaccination. President Biden’s budget propostion President Joe Biden speaks during an event on the American Jobs Plan in the South Court Auditorium on the White House campus in Washington. (AP Photo/Evan Vucci, File)President Biden proposed a $1.52 trillion plan for domestic spending within his new budget that would go towards priorities such as education, fighting climate change and reducing poverty, according to The New York Times. The White House will send the funding request to Congress later Friday. Congress is responsible for approving government spending and the amount of money. However, Congress is not required to adhere to the White House budget.The budget has also been allotted for costs to combat climate change and to deter migration at the southern border. The Environmental Protection Agency would be given more funds than in previous years under the Trump administration. The budget also included funds given toward investing in border security technology; however, there are no funds for a border wall. Lucy Puentehttps://www.tcu360.com/author/lucy-puente/ Thousands turn out to try pop-up Turkey Leg Hut Linkedin The cold scoop: Ranking the best ice cream shops in Fort Worthcenter_img ReddIt Linkedin Abortion access threatened as restrictive bills make their way through Texas Legislature Twitter What we’re reading: Chauvin found guilty in Floyd case, Xi to attend Biden’s climate change summit Previous articleHoroscope: April 9, 2021Next articleExperts concerned about rise in Fort Worth’s homeless population as eviction moratorium nears end Lucy Puente RELATED ARTICLESMORE FROM AUTHOR ReddIt Facebook Lucy Puentehttps://www.tcu360.com/author/lucy-puente/ Facebooklast_img read more

Harassment of journalists mounts in run-up to next month’s presidential election

first_img News August 26, 2020 Find out more KyrgyzstanEurope – Central Asia August 14, 2020 Find out more RSF_en Follow the news on Kyrgyzstan October 9, 2020 Find out more News to go further Reporters Without Borders condemns the severe beating that Abduvakhab Moniev, the deputy editor of the Kyrgyz-language weekly Achyg Sayasat (Open Politics), received from an unidentified individual on 5 June in Bishkek. The newspaper has often been the target of harassment by the authorities.“The increase in harassment of the media in the run-up to the 23 July presidential election is worrying,” Reporters Without Borders said. “Every political crisis and turning point since the 2005 Tulip Revolution has been accompanied by violence in which journalists have often been targets. We urge the authorities to issue clear instructions that media diversity should be respected and that journalists should be able to work safely.”The press freedom organisation added: “The frequency of cases of violence and intimidation and the implication of the security forces in several incidents suggest that the authorities are at least partially responsible. They should set any example by refraining from practices that violate democratic standards.”Moniev had to be hospitalised after the assault, which was probably carried out by the unidentified man who had arranged a meeting with him that evening in order to “give him important information.” His colleagues believe the attack was connected to his work, in particular, to articles critical of government officials.Distribution of the weekly in the Issyk Kul region (300 km east of Bishkek) was blocked two weeks ago by police, who seized several thousand copies. Moniev had immediately filed a complaint about the seizure.Several journalists were prevented from covering election meetings organised by opposition candidates in or near Tyup (in Issyk Kul) on 1 June, although journalists had no problem attending meetings in support of President Kurmanbek Bakiyev, who is running for another term.Journalists speaking on condition of anonymity said the president’s office has issued very strict instructions to state media journalists. The state-owned Kanal 5 TV station, for example, has reportedly been urged to provide very little coverage of the opposition campaign.There have been several cases of violence against journalists since March. In the most serious incident, Syrgak Abdyldaev of the independent weekly Reporter Bishkek was stabbed more than 20 times.There have been many political crises since the Tulip Revolution brought Bakiyev to power in March 2005. The government recently let it be known that it planned to limit the number of Organisation for Security and Cooperation in Europe observers who monitor next month’s election in order ensure “harmonious” conditions for the polling.Kyrgyzstan was ranked 111th out of 173 countries in the 2008 Reporters Without Borders press freedom index. Receive email alerts RSF is concerned about the fate of an Uzbek journalist extradited by Kyrgyzstan News RSF calls for the immediate release of Uzbek journalist KyrgyzstanEurope – Central Asia RSF asks authorities, opposition to guarantee reporters’ safety during Kyrgyzstan protests News June 8, 2009 – Updated on January 20, 2016 Harassment of journalists mounts in run-up to next month’s presidential election “The increase in harassment of the media in the run-up to the 23 July presidential election is worrying. Every political crisis and turning point since the 2005 Tulip Revolution has been accompanied by violence in which journalists have often been targets. We urge the authorities to issue clear instructions that media diversity should be respected and that journalists should be able to work safely.” Organisation Help by sharing this information last_img read more

Knife attack on leading independent journalist in Pristina

first_imgNews KosovoEurope – Central Asia KosovoEurope – Central Asia Organisation June 29, 2020 Find out more Follow the news on Kosovo to go further Receive email alerts July 11, 2012 – Updated on January 20, 2016 Knife attack on leading independent journalist in Pristina Reporters Without Borders firmly condemns yesterday evening’s assault on Halil Matoshi, a leading newspaper reporter and political analyst, who was attacked and beaten by three unidentified men, one of them armed with a knife, on a street of the capital, Pristina, but escaped with relatively minor injuries.“We are shocked by the extreme violence of this attack,” Reporters Without Borders said. “Targeting such a prominent member of the national media, one known for criticizing the government, will send a very disturbing message to all of Kosovo’s journalists. It will intimidate them and encourage them to censor themselves.“We urge the competent authorities to do everything possible to bring those responsible to justice. The possibility that this attack was linked to the victim’s work must not be ruled out. It is unthinkable that a country that wants to join the European Union could allow impunity to prevail.”Matoshi, who writes for the daily newspaper Koha Ditore, was attacked as he was returning home from a cultural event in the western district of Dardania. According to the information obtained by Reporters Without Borders, two of his assailants punched and kicked him while the third tried repeatedly to stab him. He managed to fend off the knife blows with his bag until his assailants fled at the approach of passers-by.After being treated at a hospital, Matoshi was able to go home. The police said they were investigating the assault with the aim of identifying those responsible.Matoshi is one of the country’s best known media commentators, one who has made a name for himself with his uncompromising analyses of Kosovar politics and his outspoken criticism of the government, corruption and other subjects that most journalist regard as off-limits.The attack comes amid a continuing battle between President Atifete Jahjaga and parliamentarians who are insisting on a revised version of the criminal code in which two articles, 37 and 38, pose a serious threat to media freedom.“This assault, which could have proved fatal for Matoshi, is indicative of the hostility to which the independent media are exposed,” Reporters Without Borders added. “It is absolutely essential that journalists receive better protection, one based on precise laws that enable them to work without fear.”Kosovo is ranked 87th out of 179 countries in the Reporters Without Borders press freedom index. June 14, 2018 Find out morecenter_img RSF_en Nearly half of UN member countries have obstructed coronavirus coverage Kosovar investigative journalist assaulted in Pristina Help by sharing this information August 18, 2017 Find out more News News Concern about investigative reporter’s disappearance in Serbia Newslast_img read more

Major Financial Organisations Deploy causaLens’ Pioneering Causal AI Platform to Discover Key Causal Insights…

first_img Facebook causaLens’ new website Local NewsBusiness Previous articleSerena Williams keeps rolling in tuneup for Australian OpenNext articleAnova Acquires Corlexia Clinical Services And Expands Leadership Team Digital AIM Web Support Major Financial Organisations Deploy causaLens’ Pioneering Causal AI Platform to Discover Key Causal Insights and Generate More Profitable Trading Strategies Twitter Pinterest Twittercenter_img TAGS  WhatsApp By Digital AIM Web Support – February 3, 2021 Facebook Pinterest WhatsApplast_img read more

Supreme Court Monthly Digest: January 2021

first_imgTop StoriesSupreme Court Monthly Digest: January 2021 Akshita Saxena23 Feb 2021 9:04 PMShare This – xJudgments/ Order: 1. Supreme Court Upholds Centre’s Plan For The Central Vista Project by 2:1 Majority, Justice Khanna Dissents [Case: Rajeev Suri v. DDA & Ors.; Citation: LL 2021 SC 1] Order dated January 5, 2021 The Supreme Court upheld the Central Government’s plan for construction of the Central Vista project and the government’s proposal to construct a new Parliament…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginJudgments/ Order: 1. Supreme Court Upholds Centre’s Plan For The Central Vista Project by 2:1 Majority, Justice Khanna Dissents [Case: Rajeev Suri v. DDA & Ors.; Citation: LL 2021 SC 1] Order dated January 5, 2021 The Supreme Court upheld the Central Government’s plan for construction of the Central Vista project and the government’s proposal to construct a new Parliament in Lutyen’s Delhi. A Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna pronounced the judgement, with Justices Khanwilkar and Maheshwari forming the majority, and with Justice Khanna pronouncing a separate judgement. “We cannot be called upon to govern. For, we have no wherewithal or prowess and expertise in that regard,” remarked the Judges in majority. Justice Khanna on the other hand expressed dissent on the aspects of public participation on interpretation of the statutory provisions, failure to take prior approval of the Heritage Conservation Committee and the order passed by the Expert Appraisal Committee. Also Read: Central Vista- Lack Of Public Consultation, No Approval From HCC, Non Speaking Order Granting Environment Clearance: Justice Sanjiv Khanna In His Dissent Also Read: ‘We Cannot Be Called Upon To Govern. For We Have No Wherewithal or Prowess And Expertise In That Regard’: Supreme Court In Central Vista Case 2. Absolute Devotion, Integrity And Honesty Is A Sine Qua Non For Every Bank Employee: Supreme Court Upholds Dismissal Of A Bank Clerk [Case: Deputy General Manager (Appellate Authority) & Ors. v. Ajai Kumar Srivastava; Citation: LL 2021 SC 2] Order dated January 5, 2021 In banking business absolute devotion, integrity and honesty is a sine qua non for every bank employee, observed a bench comprising Justices L. Nageswara Rao, Hemant Gupta and Ajay Rastogi while upholding dismissal of a bank employee. “It requires the employee to maintain good conduct and discipline and he deals with money of the depositors and the customers and if it is not observed, the confidence of the public/depositors would be impaired. It is for this additional reason, we are of the opinion that the High Court has committed an apparent error in setting aside the order of dismissal of the respondent dated 24th July, 1999 confirmed in departmental appeal by order dated 15th November, 1999,” the Court observed. Access full report to read observations regarding power of judicial review in the matter of disciplinary proceedings 3. Motor Accident Compensation- Future Prospects Can Be Granted Even In Cases Pertaining To Notional Income: Supreme Court [Case: Kirti v. Oriental Insurance Company Ltd.; Citation: LL 2021 SC 3] Order dated January 5, 2021 A bench comprising Justices NV Ramana, S. Abdul Nazeer and Surya Kant held that future prospects can be granted even in cases pertaining to notional income. The court observed thus while disposing an appeal arising out of Motor Accident Compensation Claim filed by heirs of a deceased couple who died in an accident. In this case, the Motor Accident Claims Tribunal awarded a total sum of Rs 40.71 lakhs for both deceased to the claimants. Partly allowing the appeal filed by Insurance Company, the High Court reversed the addition of future prospects. Disagreeing with this approach, the Top Court observed: “Given how both deceased were below 40 years and how they have not been established to be permanent employees, future prospects to the tune of 40% must be paid. The argument that no such future prospects ought to be allowed for those with notional income, is both incorrect in law and without merit considering the constant inflation ­induced increase in wages.” Also Read: Conception That House Makers Do Not “Work” Or That They Do Not Add Economic Value To The Household Is A Problematic Idea Also Read: Advocates Cannot Throw­away Legal Rights Or Enter Into Arrangements Contrary To Law 4. Governing Body Of College Is The Proper Authority To Appoint Administrative Staffs Of A College [Case: Chairperson Governing Body Daulat Ram College v. Dr. Asha; Citation: LL 2021 SC 4] Order dated January 5, 2021 A bench comprising Justice Ashok Bhushan and Justice M.R. Shah observed that it is the Governing Body of a College which has the authority to appoint the administrative staffs of a College. “The Principal, however, who is entrusted the over all internal administration of the College is a person who knows all the staff of the College and his/her recommendation with regard to appointment of Warden of the College Hostel is to carry weight. The Governing Body while making appointment of Warden of the College Hostel has to give due weight to the recommendation of Principal”, the Court observed. 5. Acceptance Of A Conditional Offer With A Further Condition Does Not Result In A Concluded Contract [Case: M/s. Padia Timber Company(P) Ltd. v. Board of Trustees of Visakhapatnam Port Trust; Citation: LL 2021 SC 5] Order dated January 5, 2021 When the acceptor puts in a new condition while accepting the contract already signed by the proposer, the contract is not complete until the proposer accepts that condition, a bench comprising Justices Navin Sinha and Indira Banerjee observed. “It is a cardinal principle of the law of contract that the offer and acceptance of an offer must be absolute. It can give no room for doubt. The offer and acceptance must be based or founded on three components, that is, certainty, commitment and communication. However, when the acceptor puts in a new condition while accepting the contract already signed by the proposer, the contract is not complete until the proposer accepts that condition, as held by this Court in Haridwar Singh v. Bagun Sumbrui and Ors. An acceptance with a variation is no acceptance. It is, in effect and substance, simply a counter proposal which must be accepted fully by the original proposer, before a contract is made,” the Bench said. 6. Supreme Court Acquits Man Who Was Sentenced To Death In A Dacoity With Murder Case [Case Title: Hari Om @ Hero v. State Of UP; Citation: LL 2021 SC 6] Order dated January 5, 2021 A bench comprising Justices Uday Umesh Lalit, Indu Malhotra and Krishna Murari acquitted a man who was sentenced to death in a dacoity with murder case. It observed that it is not safe to rely on the version given by the child witness [youngest son of the deceased] in the instant case, who was about five years of age when the incident had occurred. The court, on reappreciating the evidence on record, noted that there are certain inconsistencies or infirmities in his deposition. The court observed that there is no material on record sufficient to record conviction of accused Hari Om for the offence under Section 396 IPC, and he must be held entitled to benefit of doubt. 7. High Court’s Power Under Article 226/227 To Interfere With Arbitration Process Needs To Be Exercised In Exceptional Rarity [Case: Bhaven Construction v. Executive Engineer Sardar Sarovar Narmada Nigam; Citation: LL 2021 SC 7] Order dated January 6, 2021 A bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy observed that the power of the High Courts under Article 226/227 of the Constitution of India to interfere with an arbitration process needs to be exercised in exceptional rarity, wherein one party is left remediless under the statute or a clear ‘bad faith’ shown by one of the parties. “If the Courts are allowed to interfere with the arbitral process beyond the ambit of the enactment, then the efficiency of the process will be diminished,” the Court said. It added, “The Arbitration Act itself gives various procedures and forums to challenge the appointment of an arbitrator. The framework clearly portrays an intention to address most of the issues within the ambit of the Act itself, without there being scope for any extra statutory mechanism to provide just and fair solutions.” 8. An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet [Case: Kamlesh Chaudhary v. State of Rajasthan; Citation: LL 2021 SC 8] Order dated January 5, 2021 A bench comprising Justices L. Nageswara Rao, Navin Sinha and Indu Malhotra held that an accused who was released on default bail cannot be re-arrested on filing of charge-sheet by police. Reliance was placed on Bashir v. State of Haryana [(1977) 4 SCC 410] wherein it was held that it is open to the prosecution to file an application for cancellation of bail on the grounds known to law and the receipt of the charge sheet in Court can by itself be no ground for cancellation of bail. 9. Constitutional Challenge Can Be Addressed Before High Court’: Supreme Court Dismisses Plea Challenging Provisions Of GST Act [Case: Devendra Dwivedi v. Union of India; Citation: LL 2021 SC 9] Order dated January 7, 2021 A Bench comprising of Justices DY Chandrachud, Indira Banerjee and Sanjiv Khanna declined to entertain a writ petition challenging constitutional validity of various provisions of the Central Goods Service Tax Act, 2017. “We are of the view that it would be appropriate to relegate the petitioner to the remedy of a petition under Article 226 so that this Court has the benefit of the considered view of the jurisdictional High Court,” the Court observed. “The petitioners have an efficacious remedy in the form of proceedings under Article 226 of the Constitution to challenge the constitutional validity of the provisions of the statute which are placed in issue,” the Court made it clear. 10. Managing A Construction Project Is Not Within The Jurisdiction Of Courts Supreme Court [Case: Shelly Lal v. Union Of India; Citation: LL 2021 SC 10] Order dated January 7, 2021 Managing a construction project is not within the jurisdiction of the court, bench comprising of Justices DY Chandrachud, Indira Banerjee and Sanjeev Khanna observed while declining to entertain a writ petition filed by 25 customers of a construction project. The petitioners sought a direction for the revival of the project or refund of the money, and a court monitored probe in the matter. Taking note of the prayers made, the observed: “Essentially, the writ petition requires the Court to step into the construction project and to ensure that it is duly completed. This would be beyond the remit and competence of the Court under Article 32. Managing a construction project is not within the jurisdiction of the court.” The court observed that several provisions of law confer statutory rights on purchasers of real estate and invest them with remedies enforceable at law. “These include the Consumer Protection Act 1986, the Real Estate (Regulation and Development) Act 2016 and the Insolvency and Bankruptcy Code 2016. Parliament has enacted a statutory regime to protect the rights of purchasers of real estate and created fora which are entrusted with decision making authority”, the Court added. 11. Fact Of Amicable Settlement Can Be A Relevant Factor For Purpose Of Reducing Quantum Of Sentence [Case: Murali v. State; Citation: LL 2021 SC 11] Order dated January 5, 2021 A Bench of Justices NV Ramana, Surya Kant and Aniruddha Bose observed that the fact of amicable settlement can be a relevant factor for the purpose of reduction in the quantum of sentence. The court also noticed that 1) parties to the dispute have mutually buried their hatchet 2) That at the time of the incident, the victim was a college student, and both accused too were no older than 20­22 years 3) They have no other criminal antecedents, no previous enmity, and today are married and have children 4) They have served a significant portion of their sentences. “Considering all these unique factors, including the compromise between the parties, we deem it appropriate to reduce the quantum of the sentence imposed on the appellants,” the bench said while reducing the sentence. 12. Munsiff Magistrate Selection- Vacancies Attributable To 2020 Cannot Be Filled Up From The List Drawn For Previous Selection Year: SC Sets Aside Kerala HC Judgment [Case: High Court of Kerala v. Reshma A.; Citation: LL 2021 SC 12] Order dated January 11, 2021 A Division bench comprising Justices DY Chandrachud and Indira Banerjee set aside the judgment of the Kerala High Court which directed filling up of additional vacancies of Munsiff-Magistrate posts from the current rank list, over and above the notified vacancies. “Vacancies for 2020 must be allocated to candidates who are duly selected in pursuance of the recruitment process for 2020. Candidates who have ranked lower in the 2019 selection and were unable to obtain appointments cannot appropriate the vacancies of a subsequent year to themselves,” the Court observed. It further observed that, to allow the concept of probable number of vacancies in Rule 7(1) of Kerala Judicial Service Rules to trench upon future vacancies which will arise in a succeeding year would lead to a “serious constitutional infraction”. 13. The Ground That Allegations Of Fraud Are Not Arbitrable Is A Wholly Archaic View, Deserves To Be Discarded: Supreme Court [Case: NN Global Mercantile Pvt. Ltd v. Indo Unique Flame Ltd.; Citation: LL 2021 SC 13] Order dated January 11, 2021 The ground that allegations of fraud are not arbitrable is a wholly archaic view, which has become obsolete, and deserves to be discarded, a Bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee observed. It observed thus while holding that the allegations of fraud with respect to the invocation of the Bank Guarantee are arbitrable, since it arises out of disputes between parties inter se, and is not in the realm of public law. If it is clear that a civil dispute involves questions of fraud, misrepresentation, etc. which can be the subject matter of a proceeding under Section 17 of the Indian Contract, 1872, and/or the tort of deceit, the mere fact that criminal proceedings can or have been instituted in respect of the same subject matter, would not lead to the conclusion that a dispute which is otherwise arbitrable, ceases to be so, the Court noted the legal position as held in many judgments including in the recent judgment in Vidya Drolia & Ors. v. Durga Trading Corporation. Also Read: Whether Non-Payment Of Stamp Duty On Commercial Contract Will Invalidate Arbitration Agreement? Supreme Court Refers Issue To Constitution Bench 14. ‘Entirely Illegal Construction’: Supreme Court Directs Demolition Of A Hotel-cum-Restaurant Built In Forest Land In Himachal Pradesh [Case: Himachal Pradesh Bus Stand Management & Development Authority v. Central Empowered Committee; Citation: LL 2021 SC 14] Order dated January 12, 2021 The bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee dismissed an appeal filed by Himachal Pradesh Bus Stand Management and Development Authority and the NGT order directing demolition of a Hotel-cum-Restaurant in the Bus Stand Complex at McLeod Ganj in Himachal Pradesh. The bench discussed the concept of Environmental rule of law and also the role of courts in ensuring environmental protection. The court said that the environmental rule of law, at a certain level, is a facet of the concept of the rule of law. In this case, NGT had found that the Bus Stand Complex seriously disturbs the ecology of the area in which it has been constructed and also violates the provisions of the Forest (Conservation) Act. It directed the authority to pay a compensation of Rs. 15 lacs in terms of Sections 15 and 17 of the NGT Act; and a compensation of Rs. 10 lacs. The State of Himachal Pradesh and its Department of Tourism was directed to pay a compensation of Rs. 5 lacs each. The Tribunal had also ordered an enquiry to be conducted against the officers of the Authority. 15. Incorporation Of One-sided And Unreasonable Clauses In Apartment Buyer’s Agreement Constitutes An ‘Unfair Trade Practice’: Supreme Court [Case: Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna; Citation: LL 2021 SC 14A] Order dated January 11, 2021 The bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee held that the incorporation of one-sided and unreasonable clauses in the Apartment Buyer’s Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act. It also observed that the Developer cannot compel the apartment buyers to be bound by the one-sided contractual terms contained in the Apartment Buyer’s Agreement. The Court held thus while disposing an appeal filed by a Developer against an order passed by National Consumer Disputes Redressal Commission directing it to refund of the amounts deposited by the Apartment Buyers on account of the inordinate delay in completing the construction and obtaining the Occupation Certificate. 16. Primary Agricultural Credit Society Entitled To Deduction U/s 80P Income Tax Act Even If They Give Loans To Members For Non-Agricultural Activities: Supreme Court [Case: Mavilayi Service Cooperative Bank Ltd. v. Commissioner Of Income Tax, Calicut & Anr.; Citation: LL 2021 SC 15] Order dated January 12, 2021 A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph held that Cooperative Societies registered as primary agricultural credit societies are entitled to deductions under section 80P(2)(a)(i) of the Income-Tax Act,even when they may also be giving loans to their members which are not related to agriculture. It thereby set aside a Full Bench judgment of the Kerala High Court which had held that such societies are not entitled to the deduction under Section 80P when loans are given to members for non-agricultural purposes. “Once it is clear that the co-operative society in question is providing credit facilities to its members, the fact that it is providing credit facilities to non-members does not disentitle the society in question from availing of the deduction”, the Court observed. 17. ‘Consensual Affair’ Is Not A Defence Against A Charge Of Kidnapping A Minor: Supreme Court [Case: Anversinh @ Kiransinh Fatesinh Zala v. State of Gujarat; Citation: LL 2021 SC 16] Order dated January 12, 2021 A bench comprising Justices NV Ramana, S. Abdul Nazeer and Surya Kant observed that the a ‘consensual affair’ is not a defence against the charge of kidnapping a minor A minor girl’s infatuation with her alleged kidnapper cannot by itself be allowed as a defence, for the same would amount to surreptitiously undermining the protective essence of the offence of kidnapping, the Court said while disposing an appeal filed by one Anversinh whose conviction under Sections 363 and 366 of the Indian Penal Code was upheld by the Gujarat High Court. 18. Farm Laws Implementation Stayed, Committee Formed For Talks, MSP To Continue- Read Summary Of Supreme Court Directions [Case: Rakesh Vaishnav & Ors. v. Union of India & Ors.; Citation: LL 2021 SC 17] Order dated January 12, 2021 A three-Judge Bench of the Supreme Court stayed the operation of Three Farm Laws until further Orders. As per the order: (i) Implementation of three farm laws stayed; (ii)MSP system as it existed before the enactment of the laws must be continued; (iii)No farmer must be dispossessed or deprived of his title as a result of any action taken under the laws; (iv) Committee comprising Bhupinder Singh Mann, Pramod Kumar Joshi, Ashok Gulati, Anil Ghanwant constituted for the ‘purpose of listening to the grievances of farmers relating to the farm laws and views of the government to make recommendations’; (v)The Committee shall be provided a place at Delhi and Govt to bear its expenses and give it secretarial assistance; (vi)The representatives of all the farmers’ bodies, whether they are holding a protest or not and whether they support or oppose the laws SHALL participate in the deliberations of the Committee and put forth their view points’; (vii) The Committee should file the report within 2 months before the Supreme Court. Latest Update: Supreme Court Issues Notice On Plea For Reconstitution Of Committee To Resolve Deadlock Between Farmers and Govt 19. SC Directs Reopening Of Anganwadi Centres Outside CZ, Directs To Ensure Nutritional Support To Pregnant Women, Lactating Mothers And Children [Case: Dipika Hagatram Sahant v. Union of India & Ors.; Citation: LL 2021 SC 18] Order dated January 13, 2021 A three-judge comprising of Justice Ashok Bhushan, Justice Subhash Reddy and Justice M.R. Shah directed the Union of India, States and Union Territories to reopen the anganwadi centres situated outside the containment zones, which were closed due to pandemic, to provide nutritional support to children, pregnant women and lactating mothers in accordance with the statutory requirements of National Food Security Act, 2013. The court however directed that the decision of not opening the anganwadi centres can only be taken after proper consultation of with State Disaster Management Authority in any area situated outside the containment zones. The court clarified that no anganwadi centres situated inside the containment zones shall be opened. The Court also directed the respondents to create a complaint redressal mechanism in each district to ensure the compliance of the Act. 20. Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court [Case: Vellanki Frame Works v. Commercial Tax Officer; Citation: LL 2021 SC 19] Order dated January 13, 2021 “In our view, the extraordinary writ jurisdiction cannot be utilised by a litigant only to take chance and then to seek recourse to the other remedy after failing in its attempt on the basic merits of the case before the High Court”, the Supreme Court remarked while dismissing an appeal filed against the judgment passed by High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh. A bench comprising Justices AM Khanwilkar and Dinesh Maheshwari observed that a litigation cannot be allowed to be unendingly kept alive at the choice of a litigant. 21. Supreme Court Takes Suo Moto Action On ‘Remediation Of Polluted Rivers’; To Start With Yamuna [Case Title: Delhi Jal Board v. State of Haryana & Ors.; Citation: LL 2021 SC 20] Order dated January 13, 2021 A bench comprising Chief Justice of India SA Bobde, Justice AS Bopanna and Justice V. Ramasubramanian has taken suo moto cognizance on the issue of “remediation of polluted rivers”. It observed that one of the major causes of water pollution was the discharge of non treated/ partially treated municipal waste and effluents of various States and cities. The suo moto action came while hearing a petition filed by Delhi Jal Board on the requirement of urgent intervention of the Apex Court in form of directions on the Haryana Government for ceasing the discharge of untreated effluents resulting in a rise of ammonia levels in river water. According to the petitioner, the intervention is essential to avert the humanitarian crisis that the citizens of NCT of Delhi are facing. 22. Supreme Court Slaps Rs. 25K Costs On Gujarat Government For Its Lethargy & Incompetence Of Filing SLPs Belatedly [Case Title: State Of Gujarat v. Deep Association; Citation: LL 2021 SC 21] Order dated January 12, 2021 A Bench comprising Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy imposed costs of Rupees 25,000 on Gujarat Government for filing special leave petitions with a delay of more than one year. In one of the SLPs, the Government stated that the delay of 476 days have not been caused deliberately but on account of various steps required to be taken by the department at different level before taking a decision for filing an appeal and the time taken in getting the judgment and other documents before the Court. “The aforesaid itself shows the casual manner in which the State Government has approached this Court without any cogent or plausible ground for condonation of delay. In fact other than the lethargy and incompetence of the petitioner Government, there is nothing which has been put on record”, the bench observed. 23. Is Appointment Of Arbitrator By Ineligible Person Valid?Supreme Court Refers Issue To Larger Bench [Case Title: Union of India v. M/S Tantia Constructions Ltd.; Citation: LL 2021 SC 22] Order dated January 11, 2021 A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph doubted the correctness of the decision in Central Organisation for Railway Electrification vs.M/s ECI-SPIC-SMO-MCML (JV) A Joint Venture Company and referred to larger bench the issue whether the appointment of an arbitrator by a person, who is disqualified to be an arbitrator as per Section 12(5) of the Arbitration Act, is valid. In Central Organization of Railway Electrification, a division bench had held that such appointments by an authority who is disqualified from being an arbitrator can be valid depending on the facts. On the other hand, an earlier decision delivered by a 2-judge bench headed by Justice Nariman in the case Bharat Broadband Network Ltd v. United Telecoms Ltd(April 2019) had held that he appointment of arbitrator by a person who himself is ineligible to be an arbitrator as per Section 12(5) of the Arbitration and Conciliation Act 1996 is void ab initio. “We have perused the aforesaid judgment (Central Organization) and prima facie disagree with it for the basic reason that once the appointing authority itself is incapacitated from referring the matter toarbitration, it does not then follow that notwithstanding this yet appointments may be valid depending on the facts of the case,” the three-judge Bench said. 24. Prescription Of Higher Educational Qualification As A Qualification For Promotion Is Not Unconstitutional: Supreme Court [Case: Ashok Kumar v. State Of Jammu & Kashmir; Citation: LL 2021 SC 23] Order dated January 18, 2021 A bench comprising of CJI SA Bobde, Justices AS Bopanna and V. Ramasubramanian held that prescription of a Higher educational qualification as a qualification for promotion to a post cannot be held as violative of Articles 14 and 16 of the Constitution. It observed thus while setting aside a Judgment of the Jammu and Kashmir High Court which quashed an administrative Order of the Chief Justice prescribing certain qualifications for promotion to the post of Head Assistant. One of the reasons for quashing given by the High Court was that all persons working as Senior Assistants constituted a homogenous group and hence there cannot be any differentiation among them on the basis of educational qualifications. The Apex Court referred to a 1968 Constitution Bench Judgment viz. State of Mysore & Anr. v. P. Narasinga Rao AIR 1968 SC 349, in which it was observed that Article 16(1) does not bar a reasonable classification of employees or reasonable test for their selection. 25. Manipal Fraud Case: Supreme Court Grants Bail To Former Employee Sandeep Gururaj [Case Title: Sandeep Gururaj v. State of Karnataka; Citation: LL 2021 SC 24] A bench comprising Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy granted bail to Sandeep Gururaj, Former Deputy General Manager of Manipal Education and Medical Group (MEMG), accused of siphoning off funds (reportedly 62 Crores) from the company accounts. It noted that the instant case is not one of public money being involved but monies of the concerned corporate entities. Sandeep, while he was working as Deputy General Manager of Manipal Integrated Services Private Limited, allegedly diverted certain amount of Manipal Group Companies and also personal account of the Chairman of Manipal Group Companies in favour of other accused. He was arrested on 26th December 2018. 26. Supreme Court Upholds Sections 3, 4 & 10 Of IBC Amendment Act 2020 [Case: Manish Kumar v. Union of India; Citation: LL 2021 SC 25] Order dated January 19, 2021 A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph upheld the constitutional validity of Sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment) Act 2020, in effect upholding the threshold limit on homebuyers. The Court rejected the petitioners’ contentions that such conditions on homebuyers amounted to hostile discrimination violating the equality principle under Article 14 of the Constitution. The Court held that a homebuyer, though treated as an unsecured creditor as per the judgment in Pioneer case, stands on a different footing from other creditors. Also Read: Minimum Threshold For Homebuyers’ Insolvency Process Against Builder Shields Frivolous & Avoidable Applications : Supreme Court Also Read: ‘Malice’ Is Not A Ground To Challenge A Law Made By Legislature : Supreme Court 27. Segmentation Of A (National Highway) Project As A Strategy To Avoid Environmental Clearance Impermissible: Supreme Court [Case: NHAI v. Pandarinathan Govindarajul; Citation: LL 2021 SC 26] Order dated January 19, 2021 A bench comprising of Justice L. Nageswara Rao, Hemant Gupta and Ajay Rastogi held that there is no requirement for obtaining environmental clearances for NH 45-A Villuppuram -Nagapattinam Highway, as land acquisition is not more than 40 meters on existing alignments and 60 meters on realignments or by passes. Thus, allowing the appeal filed by National Highway Authority of India, the Bench set aside the Madras High Court judgment which had held that it is necessary. The court also observed that adoption of segmentation of a project cannot be adopted as a strategy to avoid environmental clearance impact assessment. The bench therefore directed the Ministry of Environment, Forest and Climate Change, Government of India to constitute an Expert Committee to examine whether segmentation is permissible for National Highway projects beyond a distance of 100 kms and, if permissible, under what circumstances. 28. Benefit Of Probation (PO Act) Is Not Excluded By Mandatory Minimum Sentences Prescribed For IPC Offences: Supreme Court [Case: Lakhvir Singh v. State of Punjab; Citation: LL 2021 SC 27] Order dated January 19, 2021 A bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy observed that the benefit of probation under Probation of Offenders Act, 1958 is not excluded by the provisions of the mandatory minimum sentence prescribed for offences under IPC. In the facts of the case, the Court observed that Section 4 of the Act could come to the aid of the accused as the offence committed, of which they have been found guilty, is not punishable with death or imprisonment for life. The court also added that since they were under 21 years of age on the date of the offence and not on the date of conviction, Section 6 would not come to their aid. 29. Only Wilful And Deliberate Disobedience To Court’s Order Amounts To Contempt: Supreme Court [Case: Rama Narang v. Ramesh Narang; Citation: LL 2021 SC 28] Order dated January 19, 2021 A bench comprising Justices AM Khanwilkar and BR Gavai observed that before punishing a person for non-compliance of the decision of the Court, the Court must not only be satisfied about the disobedience of any judgment, decree, direction, writ or other process but should also be satisfied that such disobedience was wilful and intentional. The bench observed that a person does not commit contempt of court if during the pendency of certain proceedings, he takes recourse to other judicial proceedings open to him, even though the latter proceedings put the other party at a loss. The court added that the contempt proceedings are quasi-criminal in nature and the standard of proof required is in the same manner as in the other criminal cases. 30. Rape Victim Also Suffers Discrimination From Society: Supreme Court Issues Directives To Jharkhand Administration In A Rape Victim’s Plea [Case: X v. State of Jharkhand; Citation: LL 2021 SC 29] Order dated January 20, 2021 A rape victim suffers not only a mental trauma but also discrimination from the society, the Supreme Court said while disposing a writ petition filed by a Rape Victim belonging to a Scheduled Tribe in Jharkhand. Taking note of the fact that the identity of the rape victim in this case was disclosed by the media, resulting in a troublesome life for her, the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah issued several directives to the State Government. Access full report to read directions 31. Supreme Court Dismisses Review Petitions Challenging Aadhaar Verdict, Justice Chandrachud Dissents [Case: Beghar Foundation v. Justice K.S. Puttaswamy (Retd.); Citation: LL 2021 SC 30] Order dated January 11, 2021 The Supreme Court, by 4:1 majority, has dismissed a batch of review petitions challenging the judgment of the Constitution Bench in Aadhaar case [Puttaswamy (Aadhaar-5J.) v Union of India]. While Justices AM Khanwilkar, Ashok Bhushan, S. Abdul Nazeer and BR Gavai observed that no case for review of judgment, Justice DY Chandrachud expressed his dissent. The review petitions were not heard in open court, but ‘by circulation’. According to majority, a change in the law or subsequent decision/judgment of a coordinate or larger Bench by itself cannot be regarded as a ground for review. On the other hand, Justice Chandrachud opined that the review petitions should be kept pending until the larger bench decides the questions referred to it in Rojer Mathew. Also Read: Constitutional Error To Hold At This Stage That No Ground Exists To Review Aadhaar Verdict: Justice Chandrachud Dissents 32. Criminal Court Exercising Bail Jurisdiction Is Not Expected To Act As Recovery Agent To Realize Dues Of Complainant: Supreme Court [Case: Dilip Singh v. State of Madhya Pradesh; Citation: LL 2021 SC 31] Order dated January 19, 2021 A bench comprising Justices Indira Banerjee and Sanjiv Khanna observed that a criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant. It observed thus while setting aside a condition imposed by Madhya Pradesh High Court on an accused while granting him anticipatory bail. The court said that factors to be taken into consideration, while considering an application for bail are the nature of accusation and the severity of the punishment in the case of conviction and the nature of the materials relied upon by the prosecution; reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; character behaviour and standing of the accused; and the circumstances which are peculiar or the accused and larger interest of the public or the State and similar other considerations. 33. ‘Bordering On Professional Misconduct’: Supreme Court To Proceed Against A Lawyer For Speculating About Outcome Of A Pending Appeal [Case Title: Madhavendra L Bhatnagar v. Bhavna Lall; Citation: LL 2021 SC 32] Order dated January 19, 2021 A bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari pulled up a lawyer who, in his advice to his client, allegedly speculated about the outcome of a pending appeal before it. Prima facie, this, in our opinion, is bordering on professional misconduct and needs to be proceeded with, the Court said and directed the party to file an affidavit and disclose the name of the said advocate. It added, “We fail to understand as to how an advocate appearing in the matter or instructing the litigant who is party before the Supreme Court of India would be in a position to prejudge the outcome of the proceedings or if we may say so speculate about the outcome thereof.” 34. Section 12(5) Of Arbitration & Conciliation Act Which Deals With Ineligibility Of Appointment As Arbitrator Is A Mandatory & Non-Derogable Provision: Supreme Court [Case: Haryana Space Application Centre v. Pan India Consultants Pvt. Ltd.; Citation: LL 2021 SC 33] Order dated January 20, 2021 A bench comprising Justices L. Nageswara Rao, Indu Malhotra and Ajay Rastogi observed that the Section 12(5) of the Arbitration and Conciliation Act read with the Seventh Schedule, which deals with ineligibility of a person to be appointed as an Arbitrator, is a mandatory and non-derogable provision of the Act. Section 12(5) of the Arbitration Act, 1996 (as amended by the 2015 Amendment Act) provides that notwithstanding any prior agreement to the contrary, any person whose relationship with the parties, or counsel, falls within any of the categories specified in the Seventh Schedule, shall be ineligible to be appointed as an arbitrator. Item 5 of the Seventh Schedule of the Act reads as follows: “Arbitrator’s relationship with the parties or counsel. The arbitrator is a manager, director or part of the management, or has a similar controlling influence, in an affiliate of one of the parties if the affiliate is directly involved in the matters in dispute in the arbitration.” 35. Dismissal Of Workman By Employer Cannot Be Interfered With Merely Because Disciplinary Enquiry Was Not Conducted: Supreme Court [Case: State of Uttarakhand v. Sureshwati; Citation: LL 2021 SC 34] Order dated January 20, 2021 A bench comprising Justices L. Nageswara Rao, Navin Sinha and Indu Malhotra observed that dismissal of a workman by his/her employer cannot be interfered with merely on the ground that it did not conduct a disciplinary enquiry, if the latter could justify the action before the Labour Court. Where an employer has failed to make an enquiry before dismissal or discharge of a workman, it is open for him to justify the action before the Labour Court by leading evidence before it, the Court said. 36. Supreme Courts Directs A Family Court In UP To Conduct Trial Through Video Conferencing [Case Title: Anjali Brahmawar Chauhan vs. Navin Chauhan; Citation: LL 2021 SC 35] Order dated January Taking note of the pandemic situation, a bench comprising CJI SA Bobde, L. Nageswara Rao and Vineet Saran directed a Family Court in Uttar Pradesh to conduct the trial through video conferencing. The bench was considering a review petition filed against an order dismissing a transfer petition filed by a ‘wife’ seeking transfer of a matrimonial case filed by her ‘husband’, from the Principal Judge, Family Court, District Gautambudh Nagar, U.P. to the Court of Principal Judge, Family Court, Saket District, New Delhi. She contended that here is no video conferencing facility at Gautambudh Nagar, District Courts, and that the video conferencing is not permissible in matrimonial matters as per judgment in Santhini vs. Vijaya Venketesh. While dismissing the transfer petition (this was before Santhini Judgment), the Court had directed the trial in this case to be through video conferencing. 37. Supreme Court Issues Directions For Inter-State Virtual Recording Of Evidences Of Child Witnesses In Human Trafficking Cases [Case Title: In Re: Contagion of COVID19 Virus In Children Protection Homes; Citation: LL 2021 SC 36] Order dated January 21, 2021 A bench comprising Justices L Nageswara Rao, Abdul Nazeer and Indu Malhotra issued directions for virtual recording of testimonies of child victims/witnesses of human trafficking who are required to depose in courts which are far away from the place of their residence in a different State. The Directions are as follows: (i) record child victims’ testimonies via video conferencing; (ii) States to give information about child witnesses of human trafficking cases; etc. Access full report to read directions 38. “Whether ‘Advocate On Record’ Includes Sole Proprietary Firm?” Supreme Court Leaves The Question To SC Rule Making Authority [Case Title: In Re: Advocate On Record Includes A Proprietary Firm Etc.; Citation: LL 2021 SC 37] Order dated January 20, 2021 In context of the 2013 Supreme Court Rules, a bench of Justices SK Kaul, Dinesh Maheshwari and Hrishikesh Roy left it to the Rule making authorities to examine whether they would like to expand the registration of Advocates on Record to permit persons to carry on the profession in the style and name of a sole proprietorship firm. The Court was considering a suo motu writ petition on whether “Advocate on Record includes a proprietary firm”. “Whether an AOR can have his entry in the AOR register in the form of his style of carrying on his profession: Instead of just “Name” as “Name”, Sole Proprietor, Law Chambers of “Name”?”, was the question framed. “The (Supreme Court) Rules being sacrosanct, we would not like to interfere with the same in the present proceeding”, said the bench. 39. Supreme Court Grants Bail To Kannada Actress Ragini Dwivedi In Sandalwood Drug Case [Case Title: Ragini Dwivedi @ Gini @ Rags v. State Of Karnataka; Citation: LL 2021 SC 38] Order dated January 21, 2020 A Bench headed by Justice Rohinton F. Nariman granted bail to Kannada actor Ragini Dwivedi, who had been arrested by the police for allegedly consuming and supplying drugs at parties and events organized by her and others, and set aside a Karnataka High Court order wherein her bail plea was dismissed. The Bench noted that Section 37 of the NDPS Act had been wrongly invoked by the Sessions Court and the High Court. It observed, “though Petitioner has been found violating certain sections of NDPS Act, prima facie if any offence has been made out, it can be said to be made out under Section 27(b) for consumption of certain drugs”. 40. High Court Exercising Bail Jurisdiction Cannot Pass Directions Which Will Have Direct Bearing Upon Trial: Supreme Court [Case: Prashant Dagajirao Patil v. Vaibhav @ Sonu Arun Pawar; Citation: LL 2021 SC 39] Order dated January 19, 2021 A bench comprising Justice NV Ramana, Surya Kant and Aniruddha Bose observed that a High Court, while exercising bail jurisdiction, cannot issue directions which will have a direct bearing upon the trial. It observed thus while setting aside a direction of the High Court in a case, in which it directed the Investigating Officer to examine a CCTV footage and to submit a report. Recently, in another case, the Supreme Court had observed that, a criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant. 41. Deprivation Of Property Right Can Only Be In Accordance With The Procedure Established By Law: Supreme Court [Case: Bajranga (Dead) By Lrs v. State of Madhya Pradesh; Citation: LL 2021 SC 40] Order dated January 19, 2021 Deprivation of property right can only be in accordance with the procedure established by law, reiterated a bench comprising Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy while considering a case involving proceedings under Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960. “In Section 11(4) it has been stated that in case the competent authority finds that any question has arisen regarding the title of a particular holder, which has not been determined by the competent court, the competent authority shall proceed to enquire summarily into merits of such question and pass such orders as it thinks fit. Thus, the power is vested with the competent authority to determine such conflict of the land holding. This is, however, subject to a proviso. The proviso clearly stipulates that if such a question is already pending for decision before the competent court, the competent authority shall await the decision of the court,” the order stated. 42. Supreme Court Directs Delhi University To Declare 5th Semester Results Of Law Student Who Had Attendance Shortage Due To Pregnancy [Case Title: Ankita Meena v. University Of Delhi; Citation: LL 2021 SC 41] Order dated January 22, 2021 A bench comprising CJI SA Bobde, Justices AS Bopanna and V. Ramasubramanian directed the Delhi University to declare the 5th Semester result of a law student who could not meet the requisite 70% attendance criteria due to her pregnancy. Ankita Meena could not obtain requisite attendance since she missed many classes during the 4th Semester due to her pregnancy. She approached the Delhi High Court seeking a direction to the University to permit her to appear in the 4th Semester LLB Examination. The High Court had refused to grant her any reliefs. In appeal, the Supreme Court, passed various interim orders which enabled her to attend the examinations of the 4th, 5th and 6th Semesters. 43. Mutation Entries Do Not By Themselves Confer Title, Reiterates Supreme Court [Case: Commissioner, Bruhath Bangalore Mahanagara Palike v. Faraulla Khan; Citation: LL 2021 SC 42] Order dated January 25, 2021 A bench comprising of Justices DY Chandrachud, Indira Banerjee and Sanjiv Khanna reiterated that mutation entries do not by themselves confer title. It observed thus while disposing an appeal filed by Bruhat Bengaluru Mahanagara Palike against a Karnataka High Court judgment directing it to mutate a property in the name of some parties. The contention was that, there is a title suit pending in relation to the subject property and therefore the High Court ought not to have issued a direction for mutation. The Court noted that there is a clarification in the High Court judgment that the direction for mutation will be subject to the pursuit of any other remedy available under the Karnataka Municipal Corporation Act 1956 and it is open to the Bruhath Bengaluru Mahanagara Palike to establish its title by following due process of law. 44. Supreme Court Modifies Its Direction On Constitution Of Search Cum Selection Committee For Appointment Of Tribunal Members [Case: Madras Bar Association v. Union Of India; Citation: LL 2021 SC 43] Order dated January 25, 2021 A bench comprising Justices L. Nageswara Rao, Hemant Gupta and S. Ravindra Bhat modified a direction issued by it in the matter of constitution of Search-cum-Selection Committee for appointment of members of the tribunals. It allowed Centre’s request to modify a direction issued in Madras Bar Association v. Union of India [dated 27 November 2020] by substituting the ‘Secretary to the Ministry of Law and Justice, Government of India’ who was made a member of the Search-cum-Selection Committee, by ‘Secretaries to the Government of India nominated by the Cabinet Secretary from a Department other than the parent or sponsoring department’. Access full report to view the new composition 45. Statutes Must Be Interpreted In A Just, Reasonable And Sensible Manner: Supreme Court [Case: Commercial Taxes Officer, Circle-B, Bharatpur v. M/s Bhagat Singh; Citation: LL 2021 SC 44] Order dated January 21, 2021 A statute must be interpreted in a just, reasonable and sensible manner, a bench comprising Justices Indira Banerjee and Sanjiv Khanna observed while dismissing Special Leave Petition against a Rajasthan High Court judgment. In this case, the Petitioner (Commercial Taxes Officer) contended that a single transaction of purchase of a motor vehicle does not bring a person within the definition of “Casual Trader” under Rajasthan Tax on Entry of Motor Vehicle into Local Areas Act 1988. According to it, “Casual Trader” envisages occasional transactions of business involving buying and selling of goods and therefore plurality of transactions is a condition precedent for treating a trader as a “Casual Trader”. ‘The Legislature could not, possibly, have intended that a person making 2 or 3 transactions should be treated as a “Casual Trader”, but a person making only one transaction should be treated at par with regular traders,” the bench said. 46. Land Acquisition Act 1894: Title Of Land Owner Ceases Once State Takes Possession Of Land: Supreme Court [Case: Assam Industrial Development Corporation Ltd. v. Gillapukri Tea Co. Ltd.; Citation: LL 2021 SC 45] Order dated January 28, 2021 A bench comprising Justices S. Abdul Nazeer and Sanjiv Khanna reiterated that once possession is taken by the State, the land vests absolutely with the State and the title of the landowner ceases. It thus allowed the appeal filed by Assam Industrial Development Corporation Limited against a Gauhati High Court judgment nullifying the award passed under Land Acquisition Act, 1894. The award pertained to land acquisition notification issued with respect to a land belonging to Gillapukri Tea Company Ltd. The court noted that, in this case, award amount was made available to the Deputy Commissioner and the awarded sum was duly paid to and received by the Land owner. Once the award has been approved, compensation has been paid thereunder and possession of the land has been handed over to the Government, acquisition proceedings could not have been reopened, including by way of re-notification of the already acquired land under Section 4 of 12 the L.A. Act by the Government, the bench said. 47. Basic Philosophy Behind Granting Power To Review Judgments Is ‘Universal Acceptance Of Human Fallibility’: Supreme Court [Case: Rajendra Khare v. Swaati Nirkhi; Citation: LL 2021 SC 46] Order dated January 28, 2021 The basic philosophy inherent in granting the power to the Supreme Court to review its judgment under Article 137 is the universal acceptance of human fallibility, a bench comprising Justices Ashok Bhushan and Indu Malhotra observed in an order allowing a Review Petition. It said that the rejection of Miscellaneous Application seeking recall of a judgment does not preclude filing of a review petition subsequently. In this case, the Supreme Court had earlier allowed a Transfer Petition transferring Trial of a Criminal Case from Metropolitan Magistrate Court at New Delhi to Metropolitan Magistrate at Allahabad, Uttar Pradesh. Later, the person who had filed the FIR, approached the Court by filing a Miscellaneous Application praying for recall of the Order which was dismissed. Thereafter, he filed the Review Petition. 48. Supreme Court Sets Aside Conviction Of A Man Accused In A 1983 Murder Case Allowing His Plea Of Juvenility [Case Title: Yogendra Yadav v. State Of Uttar Pradesh; Citation: LL 2021 SC 47] Order dated January 22, 2021 A Bench comprising of Justices Ashok Bhushan, R. Subhash Reddy and MR Shah set aside concurrent conviction in a murder case after it found that the accused was juvenile (17 years and 1 month) on the date of incident (01.08.1983). The Trial Court judgment convicting Yogendra Yadav in a murder case was upheld by the Allahabad High Court in 2019, by dismissing the appeal he had filed in the year 1985. Before the Supreme Court, as the accused raised the plea of Juvenility, it called for a report from the District Judge, Ajamgarh. In his report, Additional District and Sessions Judge stated that the date of birth of the appellant as 01.07.1966 and further that he was 17 years 1 month on the date of incident. 49. Successive Anticipatory Bail Applications Ought Not To Be Entertained On Specious Ground Of ‘Changed Circumstances’: Supreme Court [Case: GR Ananda Babu v. State of Tamil Nadu; Citation: LL 2021 SC 48] Order dated January 28, 2021 A bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari observed that successive anticipatory bail applications ought not to be entertained. It said, “As a matter of fact, successive anticipatory bail applications ought not to be entertained and more so, when the case diary and the status report, clearly indicated that the accused (respondent No. 2) is absconding and not cooperating with the investigation. The specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by the same Judge.” In this case, the first and second anticipatory bail applications moved by the accused was dismissed by the High Court. The third bail application was allowed observing that six months have passed from the date of dismissal of earlier anticipatory bail application. The court had also taken note of the fact that accused was aged 69 years. 50. Dismissal Of Transfer Petition May Not Operate As Res Judicata If Fresh Petition Is Filed On Change Of Circumstances: Supreme Court [Case: Amruta Ben Himanshu Kumar Shah v. Himanshu Kumar Pravinchandra Shah; Citation: LL 2021 SC 49] Order dated January 29, 2021 A Bench of Justice V. Ramasubramanian held that a dismissal of a petition for transfer, may not operate as res judicata, when a fresh petition is filed on change of circumstances. It held, “The dismissal of a petition for transfer, may not operate as res judicata, when a fresh petition is filed on change of circumstances. The first transfer petition in T.P.(C)No.615 of 2016 was dismissed in limine without even a notice being ordered to the respondent. Therefore, the present petition for transfer cannot be opposed solely on the ground that the earlier petition was dismissed. But at the same time, the petitioner will have to satisfy the court that there are change of circumstances and that there are sufficient grounds made out.” 51. Appointment Not Challenged In Reasonable Time: Supreme Court Sets Aside HC Judgment Which Quashed Appointment Of An Assistant Professor [Case Title: Pooran Chand v. Chancellor; Citation: LL 2021 SC 50] Order dated January 29, 2021 A bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah set aside an Allahabad High Court order which quashed appointment of an Assistant Professor, observing that the appointment was not challenged in reasonable time as per the provisions of the applicable Act. In this case, appellant’s appointment as an Assistant Professor by the Executive Council of King George Medical University was challenged. The Top Court noted the provisions of King George Medical University Act, regarding the time limit for submitting representations and observed that appointment of Pooran Chand as Assistant Professor was not challenged or questioned in accordance with Section 53 which prescribes a limitation of three months. 52. Pre­natal Sex ­Determination Is A Grave Offence Which Has Potential To Damage The Very Fabric Of Gender Equality & Dignity: Supreme Court [Case: Rekha Sengar v. State of Madhya Pradesh; Citation: LL 2021 SC 51] Order dated January 21, 2021 A Bench comprising Justice Mohan M. Shantanagoudar, Vineet Saran and Ajay Rastogi observed that pre­natal sex ­determination is a grave offence with serious consequences for the society as a whole. A strict approach has to be adopted if we are to eliminate the scourge of female feticide and iniquity towards girl children from our society, the Court said while upholding the Madhya Pradesh High Court order dismissing the anticipatory bail application filed by an accused. 53. Appellate Court’s Jurisdiction Under Section 96 CPC Involves Rehearing On Questions Of Law As Well As Fact: Supreme Court [Case: Manjula v. Shyamsundar; Citation: LL 2021 SC 52] Order dated January 27, 2021 A bench comprising Justices S. Abdul Nazeer and Surya Kant observed that an appellate court’s jurisdiction under Section 96 of CPC involves a rehearing of appeal on questions of law as well as fact. It noted that the provision provides for filing of an appeal from the decree passed by a court of original jurisdiction and Order 41 Rule 31 of CPC provides the guidelines to the appellate court for deciding the appeal. The bench said that the judgment of the appellate court shall state (a) points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled. The observation was made while setting aside an order passed by Karnataka High Court which had dismissed the appeal filed against a Trial Court judgment. The Trial Court order dealt with a petition under Section 278 of the Indian Succession Act praying for issuance of a letter of administration in respect of a Will executed by one Srinivas Gambhir. 54. Tenant Cannot Dictate Adequacy Of Space Required By Landlord For Proposed Business Venture: Supreme Court Upholds Summary Eviction Order [Case: Balwant Singh v. Sudarshan Kumar; Citation: LL 2021 SC 53] Order dated January 27, 2021 A tenant cannot dictate how much space is adequate for the proposed business venture or to suggest that the available space with the landlord will be adequate, a bench comprising Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy observed while upholding an eviction order passed in favour of an NRI landlord under East Punjab Urban Rent Restriction Act, 1949. In this case, the landlords moved Rent Controller seeking immediate recovery of possession of the rented premises by invoking the provisions of Section 13B read with Section 18A of the Act. The landlord claimed that he desires to start a business. The Rent Controller allowed their petition. Thereafter, the Punjab & Haryana High Court allowed a revision petition filed by tenants. In appeal before the Apex Court, the tenants contended that the space available with the landlord would be adequate for the proposed business and there is no need to seek eviction of the respondents from their respective shops. 55. Extra-Ordinary Power Of Trial Court Under Section 319 CrPC Should Be Exercised Sparingly, Reiterates Supreme Court [Case: Ajay Kumar @ Bittu v. State of Uttarakhand; Citation: LL 2021 SC 54] Order dated January 29, 2021 A bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah reiterated that the power of a Trial Court under Section 319 of CrPC to proceed against other persons appearing to be guilty of offence is a discretionary and extra-ordinary power which has to be exercised sparingly. The court also reproduced the following observations made by the Constitution Bench in Hardeep Singh v. State of Punjab & Ors., (2014) 3 SCC 92 : Power under Section 319 CrPC is a discretionary and an extraordinary power. It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant. It is not to be exercised because the 6Magistrate or the Sessions Judge is of the opinion that some other person may also be guilty of committing that offence. Only where strong and cogent evidence occurs against a person from the evidence led before the Court that such power should be exercised and not in a casual and cavalier manner. Other Developments: 1. Supreme Court Stays Bombay HC Judgment Which Held ‘Skin To Skin’ Contact Necessary For ‘Sexual Assault’ Under POCSO Act [Case: Attorney General for India v. Satish & Anr.] Order dated January 27, 2021 A Bench led by CJI SA Bobde stayed the acquittal of the accused under the Bombay High Court Judgment which held that pressing of breasts of a minor girl without disrobing does not amount to “sexual assault” within the meaning of Section 8 of POCSO Act. The Court has stayed the acquittal of accused under Section 8 of POCSO and issued notice to him returnable within 2 weeks. The order was passed by a bench headed by the Chief Justice of India on a mention made by the Attorney General, KK Venugopal. Attorney General KK Venugopal submitted that the judgment which held that ‘skin to skin’ contact is necessary for sexual assault under POCSO Act is ‘unprecedented’ and is ‘likely to set a dangerous precedent’. CJI Bobde has directed AG to file proper petition challenging the judgment. Also Read: Youth Bar Association of India Moves Supreme Court Challenging Bombay High Court’s ‘Skin To Skin’ POCSO Judgment Also Read: National Commission For Women To Move Supreme Court Challenging Bombay High Court’s ‘Skin To Skin Judgment’ In The POCSO Case 2. ‘Disqualification Remains If You Are Simply Nominated’ : Supreme Court Upholds Karnataka HC Order Holding AH Vishwanath Disqualified [Case: AH Vishwanath v. State of Karnataka] Order dated January 28, 2021 A bench headed by Chief Justice SA Bobde dismissed a plea by Karnataka BJP leader AH Vishwanath against the Karnataka High Court judgement which held that he will continue to remain disqualified under the anti-defection law even during his term as a nominated member of the Karnataka legislative council. The Court was hearing Vishwanath’s challenge to the November 2020 verdict of the Karnataka High Court which prima facie declared that the MLC has incurred disqualification under Article 164 (1) (b) and Article 361 (B) of the Constitution of India, till the expiry of the term of the Legislative Council. The High Court judgment had upset his chances of becoming a Minister in the State Government.Next Storylast_img read more

Brundidge Rotarians take ‘virtual tour’

first_img By The Penny Hoarder Remember America’s heroes on Memorial Day Messenger Photo / Jaine TreadwellYanni Tempelis and Denise Taylor were program guests of Rotarian Cookie Graham at the Wednesday meeting of the Brundidge Rotary Club. They shared photos and stories of their recent trip to Greece, which is Tempelis’ home country.Yanni Tempelis and Denise Taylor took the Brundidge Rotarians on a virtual tour of Greece at the Club’s Wednesday meeting. And, when the tour was over, the Rotarians knew a lot more about the country and its culture than they ever imagined. And, several were considering punching their tickets for the 6,500-mile journey to “paradise.”That’s the impression Tempelis gave the Rotarians of his homeland and same impression Taylor has of the country to which she now has ties.Tempelis was born and raised in Athens, Greece. He served two years in the “Special Operations” unit of the Greek military. He came to the United States in 1996. Penny Hoarder Issues “Urgent” Alert: 6 Companies Are… You Might Like Program educates parents about Common Core Speakers Gabriel Smith, Lisa Harris and Luca Bocci prepare to speak at the Stand in the Gap event Tuesday. (Messenger… read more Plans underway for historic Pike County celebration Pike County Sheriff’s Office offering community child ID kits Latest Stories Print Article Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthTop 4 Methods to Get Fortnite SkinsTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel By Jaine Treadwellcenter_img Next UpHe holds citizenship in both the United States and Greece and speaks both languages fluently.His desire was for Taylor to see his home country but not as a tourist. He wanted to take her to meet his family, to visit the places special to him and to experience Greece as he knew and loved it.Even before Taylor recovered from jetlag, she felt a part of the Tempelis family. She found herself in awe of the beauty of the mountains and the beaches and fascinated by the country’s rich and long history. Tempelis and Taylor shared photographs of their recent two weeks in Greece with the Rotarians. His commentary included family, history and culture that enhanced the photos.“Greece is a party country,” Tempelis said. “But even so, Greece has the lowest percentage of alcoholism in Europe. For Greeks, drinking is no big deal. But the legal drinking age is 18.“In Greece you can do three big things when you are 18. You can drink. You can vote and you can drive.”The prevailing religion in Greece’s constitution is the Greek Orthodox Church. Tempelis said the Greek Orthodox Church is very ceremonial.“The churches are elaborate with many paintings inside,” he said. “The Greek Orthodox Churches are ‘dressed up.’”All levels of schooling, elementary through high school, are under one roof and all education is free, including college.“But you can’t be a student forever,” Tempelis said, laughing. “I attended college in Athens and earned a bachelor’s degree in civil engineering. My father is an engineer. I come from a family of engineers.”He also comes from a family of great cooks, especially his mom. From her, Tempelis developed a passion for cooking. He has owned Greek-Italian style restaurants in Troy. He and Taylor now own and operate the Pig Café and Catering in Troy.Because Greeks – and tourists — love to eat, a career in the culinary arts is a wise profession in a tourist hot spot.“Greece is not an agricultural country and it does not have heavy industry,” Tempelis said. “We have to depend on others to do business. What Greece sells is water and sun. But, when there’s a recession, Greece is hit hard because people won’t use their disposable income to travel 6,000 miles for water and sun.”Greece is third in the world in olive production so, for those who like olives, Greece is the place to be.“The weather in Greece is much like Alabama’s but, when it’s 90 degrees there, the humidity is 10 percent. When it 90 degrees here, the humidity is 190 percent,” Tempelis said, laughing.Tempelis and Taylor closed their presentation by sharing a sweet treat that she learned to bake from his mother.“Mine’s not as good as hers but I’m learning,” Taylor said.The Rotarians agreed that Taylor has learned well. Their only complaint was that she didn’t make enough of the treat for thirds. Brundidge Rotarians take ‘virtual tour’ Troy falls to No. 13 Clemson Sponsored Content Book Nook to reopen Email the author Published 3:00 am Thursday, September 18, 2014last_img read more

Shaddix to speak Sunday

first_imgLatest Stories Shaddix to speak Sunday Remember America’s heroes on Memorial Day Email the author Book Nook to reopen This Video Will Soon Be Banned. Watch Before It’s… Skip By Jaine Treadwell Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthRemember Them? I’m Sure Their New Net Worth Will Leave You SpeechlessbradofoThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Published 3:00 am Thursday, September 25, 2014 “Dr. Shaddix and his wife, Debra, focus much of their attention on discipling and mentoring young leaders and spouses,” Norman said. “Dr. Shaddix also is the author of two books, ‘Power in the Pulpit’ with Jerry Vines and ‘The Passion Driven Sermon.’”For more information, call the church at 566-4141.center_img You Might Like Troy city budget reflects growth The Troy city budget for FYE 2015 approved Tuesday by the Troy City Council reflects increased growth in the city,… read more Print Article Plans underway for historic Pike County celebration Troy falls to No. 13 Clemson “Dr. Shaddix is a wonderful teacher and himself a faithful preacher of the Word of God,” Norman said. “I learned more from him in two semesters than probably any other teacher I have ever had. It’s really an honor for us to have Dr. Shaddix in our community.”Shaddix serves in a dual role as Professor of Preaching at Southeastern Baptist Theological Seminary in Wake Forest, N.C. and Pastor of Teaching and Training at The Church at Brook Hills in Birmingham.He has pastored churches in Texas, Mississippi, Louisiana and Colorado, and also served as Dean of the Chapel and professor of preaching at New Orleans Baptist Theological Seminary in New Orleans. Dr. Jim Shaddix will preach the morning worship service at Bush Memorial Baptist Church in Troy on Sunday and at a special service Sunday night.Childcare will be provided for all services. Everyone is welcome and invited to come.Dwayne Norman, pastor, said Shaddix was his preaching professor when he was a student at New Orleans Baptist Theological Seminary in 2003-2004. Sponsored Content Pike County Sheriff’s Office offering community child ID kits By Secrets Revealedlast_img read more