Eterna Plc ( Q32016 Interim Report

first_imgEterna Plc ( listed on the Nigerian Stock Exchange under the Energy sector has released it’s 2016 interim results for the third quarter.For more information about Eterna Plc ( reports, abridged reports, interim earnings results and earnings presentations, visit the Eterna Plc ( company page on AfricanFinancials.Document: Eterna Plc (  2016 interim results for the third quarter.Company ProfileEterna Plc manufactures and sells a range of lubricants and petroleum products aswell as supplies imported fuels for the retail, industrial, agricultural, automotive, marine and energy sectors in Nigeria. The Trading division bulk imports and sells premium motor fuels and automotive gas oil, dual purpose kerosene, base oils, bitumen. low pour fuel oil and crude oil. The company has a technical trading relationship with Castrol BP, leaders in global lubricant technology and specialty chemicals. Through a distributorship agreement, Eterna Plc has exclusive rights to import and market Castrol products in Nigeria and the ECOWAS sub-region. The company has a lubes blending plant with a state-of-the-art laboratory that produces Castrol products as well as a coastal tank farm in Lagos with a capacity of 34 million litres; an aviation depot at Nnamdi Azikwe International Airport in Abuja; a coastal storage facility in Ikot Abasi and Akwa Ibon state and filling stations located in the major towns and cities of Nigeria. The business was established in 1991 as Eterna Oil & Gas Limited and re-registered as a public limited company in 1997. Its head office is in Lagos, Nigeria. Eterna Plc is listed on the Nigerian Stock Exchangelast_img read more

A peoples’ victory: Court rules to give Mumia Abu-Jamal hep C cure

first_imgDOC appeal would further delay treatmentBoyle pointed out during the WURD interview that the progression of hep C in Mumia’s body will not pause as appeals are fought in the courts. Anyone with the disease has “a significantly higher risk of liver cancer. Once you have liver cancer, these antivirals, which are a great drug, are useless. You have liver cancer.”Abu-Jamal in Mahanoy Prison, Major Tillery in Frackville Prison and thousands of other prisoners infected with the deadly disease would continue to suffer and inescapably die from lengthy delays as an appeal advances in the court system.Abu-Jamal spent 29 years on death row after a widely criticized trial which Amnesty International characterized as “in violation of international law and standards governing the imposition of capital punishment.” ( public pressure led him to being taken off death row in 2012, but he is still serving a life sentence without possibility of parole for killing a white police officer, a crime that he did not commit.  The struggle to free him continues, along with the immediate fight for his life.In 2015, Abu-Jamal was hospitalized after he fell into diabetic shock and was found to have hepatitis C. He continues to suffer from severe itching, diarrhea, scaly skin and difficulty sleeping, despite medication and doctor-prescribed baths.Mariani’s decision is expected to set a precedent for other prisoners in Pennsylvania and other states.  Less than 1 percent of U.S. prisoners are currently being treated for hep C, according to a Health Affairs article entitled “New Hepatitis C Drugs Are Very Costly and Unavailable to Many State Prisoners.” ( are asking supporters to call, email or tweet Secretary John Wetzel, head of the Pennsylvania DOC, at 717-728-2573; 717-728-4109;  [email protected] or @johnewetzel. Demand that the DOC not prolong the suffering of those who have hepatitis C by appealing Judge Mariani’s decision.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this April 2016 Gathering for Mumia in Philadelphia.Federal District Court Judge Robert Mariani has ordered the Pennsylvania Department of Corrections (DOC) to treat political prisoner Mumia Abu-Jamal within 21 days with direct-acting antiviral medications for his hepatitis C infection.The unprecedented decision was announced Jan. 3 after a two-year-long campaign by community, health care and prison activists to force the state to treat Abu-Jamal and up to 7,000 other prisoners infected with the deadly virus. Even as supporters celebrated the legal victory, they began preparing a movement to see that the order is enforced.“This is the first case in the country in which a federal court has ordered prison officials to provide an incarcerated patient with the new [hep C] medications that came on the market in 2013,” attorney Robert Boyle said in an Abolitionist Law Center (ALC) media release Jan. 3.The Abu-Jamal vs. Kerestes court decision stems from three days of evidentiary hearings in Scranton, Pa., in December 2015.  Bret Grote of the Pittsburgh ALC and New York City attorney Robert J. Boyle represented Abu-Jamal before a courtroom packed with supporters from Philadelphia; New York; Pittsburgh; Washington, D.C.; and North Carolina.On Aug. 31, 2016, Mariani ruled it was unconstitutional for the DOC to refuse to give hep C-infected prisoners medicines boasting a 95 percent cure rate. However, Judge Mariani refused to order the state to treat Mumia because of a technicality: the DOC’s Hepatitis C Committee members were not specifically named in the lawsuit. Bret Grote refiled the lawsuit naming the individual members of the committee on Sept. 30.In response, Judge Mariani ruled Jan. 3, 2017, that the Pennsylvania DOC has an obligation under the U.S. Constitution to provide adequate medical care to the men and women incarcerated in its jails.  In his 44-page decision, Mariani found the DOC was “deliberately indifferent to his (Abu-Jamal’s) serious medical need.” (Abu-Jamal v. Wetzel et al., 3:16-cv-02000-RDM)Mariani’s decision and separate order requiring treatment compels the DOC to have Abu-Jamal “be seen by a Supervising Physician within 14 days” and that the DOC shall begin the 90-day treatment of direct-acting antiviral medication “no later than 7 days after the Supervising Physician’s determination that there are no contraindications for the administration of DM medications to Plaintiff.”Health care a right regardless of costUnder the law, the DOC can appeal that order, or they can also choose not to appeal and to administer the drugs immediately. Activists immediately launched a new campaign to pressure the DOC to let the decision stand and comply with the ruling.Pam Africa of the International Concerned Family and Friends of Mumia Abu-Jamal hit the airwaves at 6:30 a.m. on Jan. 4 on Thera Miling’s WURD 900 am radio show with news of the groundbreaking decision. Attorney Boyle, Pennsylvania state Rep. Vanessa Lowry Brown and Campaign to Bring Mumia Home spokesperson Johanna Fernandez all called in.Rep. Brown emphasized to listeners that the high price of drugs affects everyone, especially seniors, and prisoners as well. “You have people who are dying because they can’t afford the medication. It’s what we have here in prisons too because the DOC doesn’t want to pay $90,000 to treat them.” ( a Prison Radio interview on the same day, Abu-Jamal criticized the medical industry for its high prices, saying, “It’s not medicine. It’s business. It’s profits. It’s not caring for the health of the people that you swore to care for.” ( the DOC does appeal, it’s expected they will focus on the high price of sofosbuvir (Sovaldi) or sofosbuvir-velpatasvir (Harvoni), the new drugs that cure hep C. The DOC claims treating all 7,000 prisoners would cost the prison system $600 million.However, a study presented at The Liver Meeting, Nov. 11-15, 2016, in Boston put the actual cost of producing sofosbuvir at only $62, including a 50 percent profit, yet the current U.S. price is 1,355 times higher. ( At this more realistic and justifiable price it would cost Pennsylvania only $434,000 to treat every infected prisoner.If state officials are truly opposed to the outrageous pricing, it could take Gilead Sciences, the biopharmaceutical corporation that provides the hep C drugs, to court. It could bar the company from doing business in the state because of its immoral conduct. It could arrest Gilead executives for criminal price gouging. It should do all these things, but it cannot refuse to treat prisoners because of the drug’s price. Mariani’s ruling specifically states: “While the court is sensitive to the realities of the budgetary constraints and the difficult decisions prison officials must make, the economics of providing this medication cannot outweigh the Eighth Amendment’s constitutional guarantee of adequate medical care.”  (p 44, Abu-Jamal v. Wetzel et al., 3:16-cv-02000-RDM)last_img read more

Senate Ag Committee Passes New Farm Bill

first_imgHome News Feed Senate Ag Committee Passes New Farm Bill The Bill also consolidates 23 conservation programs into just 13 programs. Stallman praised this streamlining of conservation programs, “We have said all along there are frankly too many different conservation programs, so we have supported consolidation of programs to more easily deal with signing up for these programs.” The 900 page bill saves taxpayers 23 billion dollars.  Stallman feels the bill will get good support from urban lawmakers when it goes before the full Senate, “I think the general public should be very pleased by this because this will reduce government administrative costs. It will encourage more conservation activities which is a positive for the environment. So the general public, even though many are not aware that these types of programs are in the Farm Bill, should be very pleased with these changes.” Increases accountability in the Supplemental Nutrition Assistance Program (SNAP) by: Stopping lottery winners from continuing to receive assistance.Ending misuse by college students.Cracking down on retailers and recipients engaged in benefit trafficking.Increasing requirements to prevent liquor and tobacco stores from becoming retailers.Eliminating gaps in standards that result in overpayment of benefits.The proposal maintains benefits for families in need. By Gary Truitt – Apr 26, 2012 SHARE Southern Senators on the committee objected strongly to the commodity title saying the bill did not treat crops like cotton, rice, and peanuts fairly. Southern interests vowed to bring this issue up again when the Bill is debated on the Senate floor. Facebook Twitter Bob Stallman, President of the American Farm Bureau Federation, is not a big fan of the shallow loss approach,” We really believe that actually creates an environment where producers will be paid on a much more frequent basis, but more risk would be taken from producers than what we really think should be the case in terms of a government program.” Stallman is disappointed that a deep loss approach to risk management was abandoned by the committee, “It does not include a catastrophic revenue loss program.  What this does is protect producers from those catastrophic losses whether they’re caused by Mother Nature or by very tremendous price drops that would cause a producer to have their farm at risk.” Senate Farm Bill Overview Consolidates and Streamlines ProgramsBy eliminating duplicative programs, funds are concentrated in the areas in which they will have the greatest impact, making them work better for producers.By ending duplication and consolidating programs, the bill eliminates dozens of programs under the Agriculture Committee’s jurisdiction.For example, the bill consolidates 23 existing conservation programs into 13 programs, while maintaining the existing tools farmers and landowners need to protect and conserve land, water and wildlife. Senate Ag Committee Passes New Farm Billcenter_img According to the National Milk Producers Federation (NMPF), the  legislation includes a new, voluntary margin protection program, endorsed by NMPF, to better safeguard farmers against disastrously low margins, such as those generated by the low milk prices and high feed costs that cost dairy farmers $20 billion in net worth between 2007 and 2009. “The Senate has taken a huge step in the right direction by including the dairy reforms modeled after NMPF’s Foundation for the Future program,” said Jerry Kozak, President and CEO of NMPF.  Kozak said the dairy title contains a better safety net for farmers in the form of the Dairy Production Margin Protection Program, which offers them a basic level of coverage against low margins, as well as a supplemental insurance plan offering higher levels of protection jointly funded by government and farmers. Those who opt to enroll in the margin program will also be subject to the Market Stabilization program that asks them to reduce milk output when margins are poor. The Agriculture Reform, Food and Jobs Act of 2012 reforms farm policy, consolidates and streamlines programs, and will reduce the deficit by $23 billion. This bill saves taxpayers money while strengthening initiatives that help farmers, ranchers and small business owners create American jobs. The bill: Eliminates Direct Payments while Strengthening Risk ManagementFarmers face unique risks unlike other businesses. Weather and market conditions outside a producer’s control can have devastating effects. A risk management system that helps producers stay in business through a few bad seasons ensures that Americans always have access to a safe and plentiful food supply. The proposal:Eliminates direct payments. Farmers will no longer be paid for crops they are not growing, will not be paid for acres that are not actually planted, and will not receive support absent a drop in price or yields.Consolidates two remaining farm programs into one, and will give farmers the ability to tailor risk management coverage—meaning better protection against real risks beyond a farmer’s control.Strengthens crop insurance and expands access so farmers are not wiped out by a few days of bad weather. SHARE Improves Program Integrity and Accountability At a time when many out-of-work Americans are in need for the first time in their lives, it is critical that every taxpayer dollar be spent responsibly and serves those truly struggling. By closing loopholes, tightening standards, and requiring greater transparency, the proposal increases efficiency and improves effectiveness. The Senate Ag Committee passed their version of a new Farm Bill on Thursday. The bill eliminates direct payments to farmers and strengthens the crop insurance program. After intense negotiations, the committee adopted a shallow loss approach to the government safety net program. The mark-up was postponed from Wednesday to allow a last minute compromise of the commodity title to be hammered out. In his opening statement, Indiana Senator Richard Lugar complained the process was being rushed, “I share concerns that Members of this Committee have not been given appropriate opportunity to review the new manager’s amendment.”  Tom Zacharias, president, National Crop Insurance, said, “We look forward to working closely with lawmakers to make sure the 2012 Farm Bill provides a strong safety net for the men and women who produce the world’s best food, feed, natural fiber, and fuel supply services” and added he was pleased that crop insurance survived in the new legislation. Grows America’s Agricultural EconomyThe proposal increases efficiency and accountability, saving tens of billions of dollars overall, while strengthening agricultural jobs initiatives by:Expanding export opportunities and helping farmers develop new markets for their goods.Investing in research to help commercialize new agricultural innovations.Growing bio-based manufacturing (businesses producing goods in America from raw agricultural products grown in America) by allowing bio-manufacturers to participate in existing U.S. Department of Agriculture loan programs, expanding the BioPreferred labeling initiative, and strengthening a procurement preference so the U.S. government will select bio-based products when purchasing needed goods.Spurring advancements in bio-energy production, supporting advanced biomass energy production such as cellulosic ethanol and pellets from woody biomass for power.Helping family farmers sell locally by increasing support for farmers’ markets and spurring the creation of food hubs to connect farmers to schools and other community-based consumers.Extending rural development initiatives to help rural communities upgrade infrastructure and create an environment for small businesses to grow. [audio:|titles=Senate Ag Committee Passes New Farm Bill ] Facebook Twitter Previous articleLugar Supports Farm Bill in CommitteeNext articleApril 26th 2012 Hat Field Update with John Hussey Gary Truittlast_img read more

Neiman Marcus: New location, same philosophy

first_imgWorld Champion runner forced to withdraw from Cowtown’s Ultra Marathon Twitter Bailey Kirby Grains to grocery: One bread maker brings together farmers and artisans at locally-sourced store Twitter ReddIt Linkedin Fort Worth set to elect first new mayor in 10 years Saturday + posts TCU junior Edgar Crespo placed 20th in the 100-breaststroke Friday afternoon at the NCAA Men’s Swimming and Diving Championship inside the University of Minnesota’s University Aquatics Center. The Panama City, Panama, native clocked a 53.50 in preliminary competition to narrowly miss out on a trip to the finals and All-America laurels. The top 16 swimmers in the prelims advanced to the evening finals. “He got out fast,” TCU coach Richard Sybesma said. “He just took a short stroke into the finish instead of pushing in to the wall.” Linkedin Previous articleNew method approved to research four reservoirs in DFWNext articleWith police chief search underway, FWPD weighs racial inclusion Bailey Kirby RELATED ARTICLESMORE FROM AUTHOR Bailey Kirby ReddIt Bailey Kirby printNeiman Marcus may be moving locations, but the retailer hopes its role in the community will stay the same.The designs of the upcoming store at the Shops at Clearfork are not yet final. But officials with the retailer say the move won’t be changing their civic role in Fort Worth.“In tradition with Neiman Marcus, we have been proud to serve in our community in many ways, whether it is our involvement in local charity organizations, or dressing the Fort Worth family,” said Allie Kobs, the Neiman Marcus Fort Worth public relations manager.Throughout the years, Neiman Marcus has been actively involved in local Fort Worth charities and nonprofit organizations. It was the official jeweler of the 2014 Jewel Charity Ball, which raises funds for the creative artist-in-residence program of Cook Children’s Medical Center.The Heart of Neiman Marcus Foundation also works with local youth to impact Fort Worth’s art education programs. In the fall of 2014, it provided funding for the Kimbell Art Museum’s Faces of Impressionism: Portraits from the Musée d’Orsay.The foundation also recently made a pledge to support the Musical Awakenings youth education program of the Cliburn for the next three years.In December, the luxury department store announced that it would leave its Ridgmar Mall location for the Clearfork development.“For many years, Ridgmar has served as an easy and convenient location for many of our customers,” Kobs said. “As our lease concludes, it is with mixed emotions that we move on to our Clearfork location.”Clearfork will be the third Fort Worth location for Neiman Marcus since it opened on Camp Bowie Boulevard in 1963 in what is now the Applied Learning Academy and the International Newcomer Academy.Cassco Development Co. and Simon Property Group are developing the Shops at Clearfork in southwest Fort Worth between Hulen Street and Bryant Irvin Road.“When we conceived the Clearfork master plan, we knew Neiman Marcus would be a perfect fit,” said Paxton Motheral, Cassco’s vice president. “The Shops at Clearfork will be an integral piece of the Clearfork vision as we continue to establish a true sense of community with places for people to live, work, shop and dine.”The Shops at Clearfork will include 500,000 square feet of open-air retail, dining, living and office space alongside the Trinity River.The 95,000 square-foot, two-story Neiman Marcus will be the only department store, along with 100 other luxury shops and a movie theater.“We look forward to serving our loyal Fort Worth clients while attracting an entirely new customer when our beautiful Clearfork store opens in the spring of 2017,” said Karen Katz, president and CEO of The Neiman Marcus Group.“We are confident it will define Neiman Marcus modernity for today’s customer.”Construction on the project will begin this spring.Bailey Kirby is a development reporter for The 109. Email her at [email protected]  Facebook Abortion access threatened as restrictive bills make their way through Texas Legislature Bailey Kirby Near Southside strives to be economic powerhouse of Fort Worth City celebrates the grand opening of Zbonz Dog Park TAGSBusinessDevelopment Residents of Bluebonnet Place want to solve Bluebonnet Circle traffic issues Bailey Kirby Facebooklast_img read more

Meet the new chief inclusion officer: Dr. Darron Turner

first_imgBrite Divinity continues to promote proclaiming pride World Oceans Day shines spotlight on marine plastic pollution Students, faculty and administration seek to improve TCU experience for students of color ReddIt TAGStext only TCU places second in the National Student Advertising Competition, the highest in school history Twitter Tamera Hyatte is a senior journalism major with a minor in women and gender studies from Anaheim, CA. Previous articleCASA Superhero Run aims to raise funds for children in foster careNext articleFort Worth police looking for serial bank robber Tamera Hyatte RELATED ARTICLESMORE FROM AUTHOR Tamera Hyatte Dr. Darron Turner’s retirement was announced this week by Chancellor Boschini. (Sam Bruton) TCU community reflects on suicide prevention at vigil ReddIt printTCU’s new chief inclusion officer said Monday that one of the first things he wants to do is talk with students to get multiple viewpoints on diversity at TCU.The Student Government Association, the Faculty Senate and the Staff Assembly should all expect a visit from Dr. Darron Turner, who was named to the newly appointed position on Monday by Chancellor Victor Boschini.“I have to say when I envisioned this position, he was the very first person who came to mind,” Boschini wrote in an email. “He is well-known and respected by students, faculty and staff – making him, in my estimation, an ideal person for the job.”Turner, who played football for TCU in the 1980s, has most recently served as associate vice chancellor for student affairs.He said he thinks interactions with the TCU campus is vitally important to his position and role.“I’ll get the chance to hear a wide variety of constituents talk about how we can make TCU better and what their role is in helping to do that,” he said.Turner has been on TCU’s campus since 1994 and has worked in various positions at TCU, starting out as the coordinator for minority affairs.“He knows TCU very well. He has made so many positive contributions to TCU and he has the qualifications,” the Director of Inclusiveness and Intercultural Services Timeka Gordon said. “He is the person who can definitely move us in the right direction.”He said he has always worked with efforts pertaining to diversity and inclusiveness, working in diverse environments and dealing with difficult diversity-based issues.“Creating a more inclusive campus is work that always needs to be done,” Rev. Angela Kaufman, the minister of the university, said. “We’re always working to become the best version of ourselves; not only as individuals but as a community. He’s going to help us do that work.”Turner said his role is ultimately work with students, faculty and staff to ensure diversity and inclusion is represented properly in and outside the classroom.“It’s easy sometimes to see TCU as the world and in some aspects it is, but in many aspects it’s very different,” he said. “You have an environment where people are trying to take care and look after you and when you walk out of here, you’re an independent and you’re going to have to figure out in the workplace that it’s going to be a little different and you’re going to see a variety of everybody in the workplace when you walk out of here.”He also said he is glad students are engaging in the conversation to talk about diversity issues and to help toward improving diversity and inclusion.“I think it’s important students talk about what they’re going through and what they’re feeling,” Turner said. “I think it’s always important students play a major role in how the university goes about its business, because it’s about them.”Turner said he does not want the new position to be about him, but he wants it to be focused on TCU overall.When asked if he had any further comments, his last words: “Go Frogs!”center_img Linkedin Tamera Hyatte Welcome TCU Class of 2025 Tamera Hyatte Tamera Hyatte Twitter + posts Tamera Hyatte Facebook How the TCU gender ratio affects campus hookup culture Facebook Linkedinlast_img read more

Shedding Light on Reconstruction Costs

first_img The 2018 Camp and Woolsey Wildfires in California caused devastating losses between $15 and $19 billion, according to a CoreLogic Natural Hazard Press Release. In a blog titled “Explaining to Homeowners Reconstruction Costs Versus Other Valuations,” Guy Kopperud, Principal of Industry Solutions at CoreLogic discussed several aspects of reconstruction costs vs. other valuations in the wake of damage caused by recent natural disasters. Kopperud noted that natural hazards such as wildfires have forced insurance carriers to reevaluate the need for more accurate insurance coverage to better protect their policyholders if a natural disaster should destroy their property. Speaking of the consequences of underinsurance, he said that it can “affect the mortgage industry as well.” “Many times, if a homeowner doesn’t have enough insurance coverage to rebuild, they simply walk away from their mortgages,” he added. The effects of natural disasters were evident in CoreLogic’s data on delinquency, wherein the areas affected by natural disasters have seen an increase in delinquency rates while other parts of the country are experiencing a steady decline, he noted.While the focus of insurance and mortgage industries is largely on making Insurance to Values more accurate, Kopperud emphasized that property insurance agents and carriers often receive questions from homeowners who lack clarity on reconstruction cost values and market or appraisal values. Property owners ask three most common questions after receiving a quote from their agent, says Kopperud. One of them pertains to why their homeowner’s insurance coverage is more than what the home is worth. “Many homeowners assume the cost to rebuild a property should be equal to what they paid for the property. However, insurers determine reconstruction cost values (RCVs) using sophisticated residential estimating tools that deliver RCVs at today’s prices,” he said. Answering the aforementioned query, Kopperud explains, “the reconstruction cost value is the cost to replace or rebuild a home to original or like standards at current material and labor costs within a certain geographical area. Meanwhile, a home’s market value is the price a consumer is willing to pay for the home.”Addressing questions about why the reconstruction cost value is higher than what was initially paid for the home, Kopperud said that “CoreLogic research has shown that reconstruction cost values average close to 12 percent more than new construction costs. This is because newly constructed communities can benefit from material discounts and labor efficiencies that a contractor rebuilding a home does not have.”To those homeowners who inquire about using the appraised or assessed value to determine their insurance coverage limits, he indicated that Replacement Cost New (RCN)—a term generally used by the assessor and appraisal industry—is not recommended to determine the cost to rebuild a home. He further explains that this is because RCN is based on the cost to build, at one time, an entire building of equal utility, quality, features, and finishes with neither the contractor nor property owner being under duress to have it done in a shorter time frame. Donna Joseph is a Dallas-based writer who covers technology, HR best practices, and a mix of lifestyle topics. She is a seasoned PR professional with an extensive background in content creation and corporate communications. Joseph holds a B.A. in Sociology and M.A. in Mass Communication, both from the University of Bangalore, India. She is currently working on two books, both dealing with women-centric issues prevalent in oppressive as well as progressive societies. She can be reached at [email protected] Governmental Measures Target Expanded Access to Affordable Housing 2 days ago in Daily Dose, Featured, Loss Mitigation, Market Studies, News, Servicing February 6, 2019 3,642 Views The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Sign up for DS News Daily Home / Daily Dose / Shedding Light on Reconstruction Costs Data Provider Black Knight to Acquire Top of Mind 2 days ago Camp Fire CoreLogic Delinquencies Guy Kopperud Insurance Coverage Natural Disasters Reconstruction Costs Woolsey Fires 2019-02-06 Donna Joseph Servicers Navigate the Post-Pandemic World 2 days ago Servicers Navigate the Post-Pandemic World 2 days agocenter_img Previous: How Aging in Place Is Restricting Young Homebuyers Next: Working in the Clouds Subscribe Demand Propels Home Prices Upward 2 days ago Related Articles Share Save The Best Markets For Residential Property Investors 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago About Author: Donna Joseph Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Shedding Light on Reconstruction Costs Tagged with: Camp Fire CoreLogic Delinquencies Guy Kopperud Insurance Coverage Natural Disasters Reconstruction Costs Woolsey Fires  Print This Postlast_img read more

Rajasthan HC’s Unreasoned, Indefinite Interim Order In Sachin Pilot’s Case: Whither Law Of Precedent?

first_imgColumnsRajasthan HC’s Unreasoned, Indefinite Interim Order In Sachin Pilot’s Case: Whither Law Of Precedent? Swaroop Mami27 July 2020 8:51 PMShare This – xWhen I first read the order of the Rajasthan High Court in Prithivraj Meena and Others v The Hon’ble Speaker – the latest battle in the infamous Pilot-Gehlot war – I thought there were a few pages missing. The order first reproduces verbatim all the grounds raised by the dissenting MLAs in their petition. Then, it proceeds to record the submissions of each of the counsel on…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?LoginWhen I first read the order of the Rajasthan High Court in Prithivraj Meena and Others v The Hon’ble Speaker – the latest battle in the infamous Pilot-Gehlot war – I thought there were a few pages missing. The order first reproduces verbatim all the grounds raised by the dissenting MLAs in their petition. Then, it proceeds to record the submissions of each of the counsel on either side in some detail. After engaging in this painstaking exercise, the order suddenly turns sketchy. Without dealing with the submissions, without providing any reasoning and without even dealing with preliminary objections on maintainability, the Court proceeds to frame 13 questions to be answered. [The last of the questions ironically relates to the maintainability of the petition.] Immediately below that, without any considering the now well-settled trifecta of prima facie case, balance of convenience and irreparable hardship, the court passes an interim direction to the Speaker to maintain status quo. High Courts have repeatedly chastised lower courts and even quasi-judicial authorities to apply these three tests before granting an interim order. Hence, it is shocking that a Division Bench of the High Court would pass an interim order in any kind of matter in such a callous manner, much less a matter involving the fate of the Government of one of India’s largest states. Let us now come to the merits themselves. The petitioners’ arguments were on two planes – first, they attacked the constitutional validity of paragraph 2(1)(a) of the Tenth Schedule of the Constitution since it could attack intra-party dissent, and second, they argued that the Speaker had no right to issue the disqualification notice since the Petitioners had not left the Congress party, but had only exercised intra-party dissent. Validity of Paragraph 2(1)(a) of the Tenth Schedule The petitioners argued that while the Constitution Bench of the Supreme Court in Kihoto Hollohan v Zachillu 1992 (2) Supp SCC 651dealt with “crossing the floor”, which the Petitioner has interpreted to mean acts within the House, it did not deal with intra-party disputes where the dissidents had no intention of leaving the party. In that sense, the two attacks of the Petitioner – to the Tenth Schedule, and to the Speaker’s notice – are intertwined. The Petitioner’s ground (R) is an express submission to this effect, and the High Court, in question (ii) framed by it, recognises this fact: “(ii) Whether, in the facts and circumstances of the present case, Paragraph 2(1)(a) of the Tenth Schedule of the Constitution, is violative, in particular to the basic structure of the Constitution of India including the fundamental right of freedom of expression guaranteed by Article 19(1)(a) of the Constitution of India and thus void?” Now, a provision of law can never be constitutionally invalid “in the facts and circumstances” of a case. It is either valid or not. The framing of this question itself suggests that the Court is tiptoeing around Kihoto Hollohan. If a factual finding is involved, it is no longer a determination of the validity of the provision, it becomes a question of interpretation of the provision. The question then becomes, “Do these facts fall within the mischief of this provision?” That apart, the validity of Paragraph 2(1)(a) on these very same grounds had been dealt with in Kihoto Hollohan. Paragraph 24 of Kihoto Hollohan mentions the various issues that arise for consideration. Issue (A) is whether the Tenth Schedule violates the legislator’s “right to dissent” and “freedom of conscience”. The final reasoning in paragraph 49 of Kihoto Hollohan, after considering various authorities, deals with “defection” in general terms – not only defection within the House. It is also submitted that from a reading of the reasoning in Kihoto Hollohan, it is clear that “floor-crossing” was not used in the judgment to only mean acts within the House. In any case, the validity of paragraph 2 of the Tenth Schedule in its entirety was upheld in no uncertain terms. Paragraph 53 of the judgment starts with the words: “[T]hat the Paragraph 2 of the Tenth Schedule of the Constitution is valid.” In light of this specific observation, could the High Court have even admitted a question on the constitutional validity of Paragraph 2(1)(a)? And if it did interpret Kihoto Hollohan to have only dealt with acts within the House, or not having dealt with intra-party disputes, shouldn’t the High Court have at least done so in a reasoned order? In other words, can the High Court refuse to apply the plain meaning of a judgment of the Constitution Bench of the Supreme Court without even stating why it had done so? Validity of the Speaker’s Notice The validity of the Speaker’s notice has been challenged primarily on factual grounds. The Speaker, the Petitioners argue, could not have issued the notice for disqualification based on the complaint of the Whip, because they had not given up their membership of the Congress party. They argue that merely not attending two meetings will not amount to giving up of membership. There are also arguments that intra-party dissent cannot amount to defection. The Respondents’ reply to this is that the Speaker has not made any finding that there is defection – he has only issued a show cause notice to this effect. The Respondents argued that at the stage of the show cause notice, the enquiry is limited to whether the Speaker had no jurisdiction to issue the notice at all, and not on the merits of the notice itself. The Respondents also pointed out numerous judgments of the Supreme Court where the Court had upheld disqualifications based on activities outside of the House. Most importantly, they relied on an observation of the Supreme Court in Kihoto Hollohan that barred the writ petition: “However, having regard to the Constitutional Schedule in the Tenth Schedule, judicial review should not cover any stage prior to the making of a decision by the Speakers/Chairman. Having regard to the constitutional intendment and the status of the repository of the adjudicatory power, no quia timet actions are permissible, the only exception for any interlocutory interference being cases of interlocutory disqualifications or suspensions which may have grave, immediate and irreversible repercussions and consequence.” [emphasis added] Again, the Court, in admitting the petition and granting an interim order, violated this unambiguous law laid down by the Supreme Court. It is neither the case of the petitioners nor the Court that there is an ‘interlocutory disqualification’ of these members. The Court does not even, for the sake of formality, record a finding that there are “grave, immediate and irreversible repercussions and consequence”. As stated repeatedly, the Court’s order reveals no reasoning for anything whatsoever. The Court has not granted a time-bound interim order, it has not laid down a timeline in which the pleadings are to be completed, and it has not even set a next date of hearing. In a matter with such grave implications for the governance of a state in the middle of a pandemic, this is shocking and unacceptable. The High Court has, contrary to a Constitution Bench judgment of the Supreme Court, granted an unreasoned interim order restraining a constitutional authority from performing a constitutional function. This strikes at the root of democracy. The law of precedent is the bedrock of our legal system. It enforces judicial discipline and promotes certainty in the law so that all persons and authorities may act within the confines of the law. We all know that law declared by the Supreme Court is binding on all Courts of the land under Article 141 of the Constitution. If High Courts fail to apply such clear law, it will lead to chaos and a loss of faith in the judiciary itself. If the High Court believed that the facts of this case were not covered by the judgment in Kihoto Hollohan (and it is hard to see how the High Court could have reasonably held such a belief), the least it could have done is provided reasoning for its conclusions. (Swaroop Mami is an advocate practising in the Madras High Court. He may be reached at [email protected]) Next Storylast_img read more

Community response to Culdaff fire is praised

first_img Facebook News, Sport and Obituaries on Monday May 24th Pinterest Twitter WhatsApp Twitter The local community in North Inishowen has been praised after the response to the loss of a family home in Culdaff last week.Diane Smyth and her children Rachel, Hayden and Jerome lost everything when their rented home was destroyed by fire.Diane’s sister Annette says since then, there’s been a steady stream of people offering money, clothing, toys and other essential items, while the family have been given the use of an unoccupied holiday home to live in while they seek a new home.Annette Smyth says the family has been bowled over by the support shown to them………Audio Player Up/Down Arrow keys to increase or decrease volume. By News Highland – October 16, 2018 Previous article€4.1m Irish Water upgrade of Ardsbeg Water Treatment Plant completeNext article3 women hit by car outside nightclub in Carndonagh News Highland Important message for people attending LUH’s INR clinic FT Report: Derry City 2 St Pats 2 AudioHomepage BannerNewscenter_img Pinterest Community response to Culdaff fire is praised Google+ Google+ Derry draw with Pats: Higgins & Thomson Reaction DL Debate – 24/05/21 RELATED ARTICLESMORE FROM AUTHOR WhatsApp Facebook Arranmore progress and potential flagged as population growslast_img read more

Investigation launched into Letterkenny anti-lockdown protest

first_img Publicans in Republic watching closely as North reopens further By News Highland – September 27, 2020 Investigation launched into Letterkenny anti-lockdown protest Facebook Homepage BannerNews Google+ Loganair’s new Derry – Liverpool air service takes off from CODA Important message for people attending LUH’s INR clinic Google+ Facebook Twitter An investigation is underway to identify organisers of an anti-lockdown protest in Donegal yesterday afternoon.Dozens of people gathered in the Market Square, Letterkenny to hear speeches against Covid 19 restrictions.Gardai aren’t looking into breaches of public health rules by those attending as social distancing and mask wearing are “non-penal regulations”.But they are trying to identify the organisers under laws banning outdoor gatherings that don’t comply with coronavirus restrictions.center_img Pinterest Previous articleConvoy advance to Donegal Junior Football Championship FinalNext articlePeople in Donegal need to abide by Covid-19 rules – Cllr Conaghan News Highland Nine til Noon Show – Listen back to Monday’s Programme WhatsApp RELATED ARTICLESMORE FROM AUTHOR Arranmore progress and potential flagged as population grows Community Enhancement Programme open for applications WhatsApp Twitter Pinterestlast_img read more

New code sees staff monitoring tightened

first_imgRuleson covert staff monitoring and accessing employees’ e-mails have beentightened, following the launch of the long-awaited data protection monitoringcode.Thecode clarifies what employers’ rights are in monitoring staff internet use,e-mails and phone calls, as well as CCTV surveillance.Theguide, designed to help employers comply with the Data Protection Act 1998,states that organisations must inform workers if they are being monitored, evenwhen a breach of company rules is suspected.InformationCommissioner Richard Thomas, who has re-drafted the code, stressed that covertmonitoring is not allowed unless serious criminal activity is suspected,warranting police involvement.”Secretsnooping is nearly always unacceptable. Monitoring must be done for a clearreason, and it is fundamental that HR makes sure staff are fully aware ofwhat’s going on,” he said.Thomasis confident the code, which has been re-drafted twice and delayed for morethan a year following concerns over its complexity, will enable organisationsto draw up effective policies.”Ibelieve this code will help HR. I hope this will fill the vacuum that’s beenaround since the Act was introduced,” he said.TheCBI claimed the commissioner had still not gone far enough in addressingconcerns about the complexity of the code.However,Mike Emmott, employee relations expert at the Chartered Institute of Personneland Development, said: “The issue of the privacy of staff using workequipment in the workplace is always going to be difficult, but this codebroadly strikes the right balance.” Related posts:No related photos. Previous Article Next Article Comments are closed. New code sees staff monitoring tightenedOn 17 Jun 2003 in Personnel Todaylast_img read more