High Courts Weekly Round Up [Dec 14 – Dec 19]

May 26, 2021

first_imgNews UpdatesHigh Courts Weekly Round Up [Dec 14 – Dec 19] LIVELAW NEWS NETWORK20 Dec 2020 8:41 AMShare This – xSummation of important High Court orders this weekAllahabad High Court 1. Allahabad High Court Issues Notice To UP Govt On Pleas Challenging Love Jihad Ordinance; Posted For Hearing On Jan 7 (Ajit Singh Yadav v. State of UP & Ors.) A bench of Chief Justice Govind Mathur and Justice Piyush Agarwal issued notices on a batch of PILs challenging the Uttar Pradesh Prohibition of Unlawful Conversion of Religion…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?LoginAllahabad High Court 1. Allahabad High Court Issues Notice To UP Govt On Pleas Challenging Love Jihad Ordinance; Posted For Hearing On Jan 7 (Ajit Singh Yadav v. State of UP & Ors.) A bench of Chief Justice Govind Mathur and Justice Piyush Agarwal issued notices on a batch of PILs challenging the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020- promulgated by the UP Governor in November this year, to prohibit religious conversions in the name of ‘love jihad’. The Court asked the UP Government to file a counter affidavit by January 4 and has fixed the case for hearing on January 7, 2020. Liberty is granted to the Petitioners to file rejoinder affidavit by January 6. The main contention raised by the petitioner is that the ordinance is violative of Articles14 (Right to Equality), 15 (Prohibition of discrimination on grounds of religion, etc.), 21 (Right to life) and 25 (Freedom of conscience, etc.) of the Constitution. The petitioner also stated that there was no emergent ground to exercise the ordinance making power under Article 213 of the Constitution and that the State failed to show any unforeseen or urgent situation to justify the law. Also Read: Allahabad High Court Stays Arrest Of Man Booked Under UP Ordinance Against Religious Conversion For Marriage 2. Covid-19: Allahabad High Court Expresses Concern Over Re-Opening Of Schools In UP; Inquires By What Date Vaccine Shall Be Available To Public (In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive v. State of U.P.) A Division bench of Justice Ajit Kumar and Justice Siddhartha Varma took up the case suo moto where they addressed their concerns about re-opening of schools in the state. It expressed doubts as to whether teachers and students will follow proper COVID-19 guideline that have been laid out in the state. “There is always a possibility that young children might violate the guidelines,” noted the Court. The Court instructed all the District Administrations of all districts of Uttar Pradesh to carry out regular and proper inspections and to see that the schools are following all the COVID-19 safety protocols i.e., carrying out proper sanitization and wearing masks at all times. 3. Consent Of Wife, Estranged But Not Divorced, Necessary For Adoption Under Hindu Adoptions & Maintenance Act: Allahabad High Court (Bhanu Pratap Singh v. State of UP & Ors.) A single Bench of Justice JJ Munir passed an order saying that a man, living separately from his wife without obtaining a divorce, needs the consent of such estranged wife to adopt a child under the Hindu Adoptions and Maintenance Act, 1956. “A wife living apart from the husband, utterly estranged, is still a wife, until the marital bond between the parties is severed by a decree of divorce or nullity of marriage,” the Court held wrt the Hindu Marriage and Adoption Act. This case was brought to light when a petition was filed by Bhanu Pratap Singh, seeking compassionate employment from the Forest Department, in place of his late uncle Rajendra Singh. The Court ruled his adoption to be null as he was adopted by his uncle, without the consent of his aunt. The Court emphasized that his uncle and aunt were still married but they had been living separately at the time. 4. Anticipatory Bail Can Be Granted Even After Chargesheet Has Been Filed: Allahabad High Court (Adil v. State of UP) A single bench of Justice Siddharth recently held that anticipatory bail can be granted even after a chargesheet in the criminal case has been filed. The Court further stated that the anticipatory bail need not be in place for a limited duration of time. In many cases, it can even go on till the conclusion of the trial. The High Court’s power to grant an applicant anticipatory bail doesn’t conclude after the submission of the chargesheet. This decision was given by the Court when it was presented with a pre-arrest bail plea filed by the petitioner, Adil. He had earlier been granted anticipatory bail till submission of the police report under Section 173(2) CrPC. He had put in the application, seeking a second anticipatory bail. The A.G.A, appearing on behalf of the state argued that that once anticipatory bail has been granted to the applicant and such bail has been availed, there is no circumstance where further anticipatory bail can be granted to him till the trial has been concluded. The Court dismissed the argument presented by the respondent and the petition was allowed. 5. Change Of Name Is A Part of Right To Expression Under Article 19 & Article 21 of Constitution of India: Allahabad High Court (Kabir Jaiswal v. Union of India and ors.) A single bench of Justice Pankaj Bhatia observed that change of name is an expression guaranteed under Article 19 (1) (a) of the Constitution of India. This order was given in the light of a writ petition which was filed by Kabir Jaiswal, the petitioner, who had appeared for the class XI and XII CBSE exams as Rishu Jaiswal. “The individual ‘name’ is a facet of right of expression, which is guaranteed under Article 19(1) (a) read with Article 21 of the Constitution of India. The freedom of expression as guaranteed under Article 19(1) (a) includes within its sweep all forms of expressions and name in the present world is clearly a strong expression,” it stated. 6. Disqualified Candidate’s Plea: Allahabad High Court Issues Notice To 10 Newly Elected Rajya Sabha MPs (Prakash Bajaj v. Sri Arun Singh & Ors) A bench of Justice Jaspreet Singh issued notice to the ten newly elected Rajya Sabha members, on the plea filed by Prakash Bajaj. Bajaj claimed that in the Rajya Sabha elections that were held on 2nd November, his nomination paper was illegally rejected by the Returning Officer, claiming that there was a fault in the petitioner’s affidavit. The plea claimed that similar errors were prevalent in the affidavits filed by the respondent Nos.1 to 10 which were ignored and thus, the Returning Officer had adopted a double yardstick. Other Developments: Man Conceals Criminal History To ‘Hoodwink Court For Ulterior Motives’: Allahabad High Court Imposes 5 Lakh CostHathras Case: Allahabad High Court Proposes Viewing Of Audio-Visual Material By Parties On Jan 16Activist Faisal Khan, Arrested For Offering Namaz At Mathura Temple Granted Bail By Allahabad High Court Andhra Pradesh High Court 1. Andhra Pradesh High Court Refuses To Recall Order To Examine ‘Constitutional Breakdown’ Of State Machinery; Govt To Move Supreme Court Division bench led by Justice Rakesh Kumar rejected an application filed by the State Government seeking recall of an order that questioned whether there was a “Constitutional Breakdown of Machinery” in the State. “I’m not allowing anyone to challenge my order in front of me…one may go to Supreme Court,” remarked the Court. The Attorney General of Andhra Pradesh, Subrahmanyam Sriram, told the High Court of Andhra Pradesh that they will be appealing to the Supreme Court about an order that was released on October 1. Bombay High Court 1. Plea Seeking Suspension Of Kangana Ranaut’s Twitter Account: Bombay HC To Consider Whether To Take Up Petition As A PIL A division bench of Justice SS Shinde and Justice MS Karnik adjourned the hearing in a plea filed by Advocate Ali Kaashif Khan Deshmukh earlier this month praying for getting Kangana’s twitter account permanently suspended for allegedly spreading “continuous hatred, disharmony in the country and attempting to divide the country with her extremist/derogatory tweets and promoting crime in the country”, till Monday, December 21. While hearing the petition filed by Advocate Deshmukh, the Bombay High Court asked whether he was personally affected by the tweets posted by Kangana Ranaut. “We think you aren’t affected personally, but you are only espousing the cause of the community,” Justice Shinde said. He further added, “We will see if this a public interest litigation.” Other Developments: Custodial Death Of 16 Yr Old Boy: Bombay HC Grants Rs 5 Lakh Compensation To Victim’s Father “Victim’s Statement Inconsistent”: Bombay High Court Acquits Man Convicted Under POCSO Act For Allegedly Raping A 7 Yr OldTweets Against Thackerays: No Coercive Action Against Sunaina Holey Till January 12, State Tells Bombay High CourtCAA-NRC- No Evidence That Vehicles Were Damaged: Bombay High Court Grants Pre-Arrest Bail To 7 Protesters Calcutta High Court 1. Steer Clear Of Unfairness At The Behest Of Political Executive: Calcutta High Court Warns District Magistrate (Biswanath Chowdhury v. Chairman, National Council for Teachers Education & Ors.) A division bench of Justice Sanib Banerjee and Justice Hiranmay Bhattacharyya ordered the District Magistrate of Cooch Behar, Pawan Kadyan, to act as an impartial authority and to steer away from any sort of arbitrariness that might stem from his own political motivations. The bench observed, “Since Mr. Kadyan has a long career, the court wishes him well but reminds him that his obligation every step of the way in his official capacity is to the citizen and to steer clear of the road of unfairness, unreasonableness and arbitrariness, particularly, at the behest of the political executive”. The District Magistrate was supposed to visit the premises of the Uttarayan Law School and investigate about how the law school had been working. It had been alleged that this law school had not been following the Bar Council guidelines. The Court had asked the District Magistrate to prepare a report after the investigation, which he failed to do. The Court then initiated suo moto contempt proceedings against him. The District Magistrate acknowledged his mistake and submitted a second report, which the Court accepted. Further, the contempt charges were dropped. “In the light of the subsequent report prepared by the District Magistrate and the repentance shown for the earlier mistake, the District Magistrate is discharged. The contempt proceedings are dropped,” observed the Court. Delhi High Court 1. Court Fees When Remains Unutilized Shall Be Refunded Without Insisting For Court Orders: Delhi High Court A single bench of Justice Naveen Chawla held that the State is bound to refund the Court Fees when it remains un-utilized, without insisting for court orders. The Court stated that while making the payment of court fees, stamp is the accepted mode of payment and the process gets completed only when the document is filed. Mere purchase of payment does not mean conclusion of the payment process. It was also held that that the prerequisite condition of submitting the Court order for refund must be done away with and the refund must be initiated on the satisfaction of the fund being unutilized. The Court relied on s.30 of the Court Fees Act, 1870 and stated, “A reading of the above provisions would clearly indicate that the stamp is the mode of payment of court fees at the time of filing of the document. The incident of payment of such fees is the filing of the document and not the purchase thereof” The Court directed the State to initiate the refund of court fees which remained unutilized in the event of non-filing of the suit. 2. Public Institutions Should Make Their Orders Available Online As Part Of Good Governance: Delhi High Court (M/S Civicon Engineering Contracting India Pvt. Ltd. v. Central Board Of Trustees & Ors) A single bench of Justice Pratibha M. Singh observed that all institutions, especially those providing services to the public, should make it a point to make all their orders, notices and other documents available online. The Court also stated that public departments such as the EPFO should have their orders and notices readily available online. The Court further added that the non-availability of such orders, especially during a Pandemic where all offices are operating in a virtual mode, is unjustified. It also noted that having such orders readily available online would not result in petitions such as the present one being filed in a court, where the only goal of the Petitioner is to obtain the copy of an order from the concerned authority. “The availability of orders online would obviate the need for litigants to file petitions such as the present one wherein the only prayer is for making orders available,” said the Court. They added that such an integration of technology to provide better services constitute a part of the good governance of the institutions. 3. Sexual Harassment At Workplace – Impossible To Ignore How Easily ‘Common Woman’ Is Put Down By ‘Common Man’, Less Said Better About Third Gender: Delhi High Court (Ms. X v. Union Of India & Others) A bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon ruled that when a woman makes allegations of sexual harassment against her male colleague, her credibility is not diminished because of such pending disciplinary proceedings against her. The Court further noted that even if she has been subjected to penalties, so long as there is nothing to show that the officer who imposed the punishment has been targeted by her by filing a complaint of sexual harassment against him, such punishments or proceedings cannot have any bearing on the inquiry into a sexual harassment complaint. The Court ruled that absence of eyewitnesses cannot diminish the credibility of the complainant and when talking about the standard of proof required by the Internal Complaints Committee, the Court remarked, “The high standard of proof required in criminal trials is not called for during an inquiry by the Internal Complaints Committee under the Act.” The Act here refers to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Court further noted that a woman who is perturbed by an action of a male colleague, either through words, gestures or action “cannot be expected to have such clarity of thought, to know who all were present at the time of the incident, and who all may have witnessed the incident and remember their names and faces.” 4. Rape-Marriage Promise Can’t Be Called Inducement When Sexual Activity Continues Over Indefinite Period Of Time: Delhi High Court [X v. State (Govt. Of NCT Of Delhi)] “A promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and indefinite period of time”, remarked single bench of Justice Vibhu Bhakru while dismissing the appeal filed by a woman against Trial Court’s Judgment after an inordinate delay of six hundred and forty days. In this case, an FIR was registered under Sections 417 and 376 of IPC against a man by the appellant (woman). After listening to the testimony of the complainant, the Trial Court concluded by saying that the physical relationship that had been established between the prosecutrix and the accused had been consensual in the first instance her consent for physical relations had not been obtained by the accused by making any promise of marriage to her. After appealing her case, the High Court noted, “Her allegation that her consent has been vitiated on account of having been obtained by misrepresentation, is clearly, unsustainable.” Accordingly, the appeal was dismissed on the basis that it was unmerited as well as on grounds of delay. 5. Delhi High Court Seeks Police Stand On AAP MLAs Plea To Protest Outside Home Minister, LG’s Residences The Single Judge bench of Justice Navin Chawla issued notices to the Delhi government and the police, and sought their stand on the petitions presented by the two AAP leaders by January 14. These AAP leaders had approached the court and had asked for permission to stage a 4-person protest against the alleged misappropriation of funds of Rs. 2500 crores by the North Delhi Municipal Corporation. The Delhi Police, represented by Additional Standing Counsel Gautam Narayan, told the court that permissions were denied to the two AAP MLAs on the basis of a DDMA order which prohibited large gatherings in the city due to the prevailing COVID-19 pandemic. The police also told the court that in accordance with a Supreme Court order, it has issued a standing order prohibiting protests and dharnas in residential areas in the national capital. 6. “ICC Can’t Comment On Personal Conduct Of Parties”: Delhi High Court Shuns Moral Policing By Internal Committee In Cases Of Sexual Harassment At Workplace A Single Bench of Justice Pratibha Singh in a progressive judgment delivered on a writ petition by a female employee of Punjab National Bank has held that the jurisdiction of Internal Complaints Committee (ICC) established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is limited to allegations of sexual harassment and whether a complaint is made out or not, to that effect. The ICC “cannot make comments on the personal conduct of the parties”, the court has held. The Court remarked, “any consensual relationship among adults would not be the concern of the Management or of the ICC, so long as the said relationship does not affect the working and the discipline of the organisation and is not contrary to the Rules or code of conduct binding on the said employees,” and said that “moral policing is not the job of the management or the ICC”. Other Developments: Cow Video Row- Explain How ‘Amul’ Is Being Cruel To Cows: Delhi High Court Asks Uploader To Respond On Amul’s PleaDelhi High Court Restrains AIIMS Nurses From Continuing Indefinite StrikeTablighi Jamaat- Possible That They Were Picked Up From Different Places & ‘Maliciously Prosecuted’: Delhi Court Acquits 36 ForeignersFearing Harassment By Vigilante Groups & Authorities, Interfaith Couple From UP Moves Delhi High Court, Gets Protection Gujarat High Court 1. Law Graduate’s Application For Enrolment Pending With Bar Council Of Gujarat For Over A Year: High Court Issues Notice (Shivi Ravi Agrawal v. Bar Council Of India) A single bench of Justice SH Vora issued a notice on a petition filed by a law graduate, whose application for enrolment with the Bar Council of Gujarat has been kept pending for over a year, thereby depriving her from the opportunity of appearing in the All India Bar Examination. The notice issued by the Court is returnable on 21st December, 2020. The petition was filed by Shivi Ravi Agrawal, stating that as per the Resolution passed by the Bar Council of India on 28.01.2017, the State Bar Council was required to enrol her provisionally, maximum within 20 days. Hence, the plea states that the action of the Bar Council of Gujarat in keeping her application pending for a year and a half is absolutely illegal, and arbitrary. The petitioner submitted that she was being deprived of taking the All India Bar Examination (AIBE). Himachal Pradesh High Court 1. “The Attractive Brand Name Of Public Interest Litigation Can’t Be Used For Suspicious Products Of Mischief”: Himachal High Court [Sailesh Sharma v. State of HP & Ors.] “Time has come to weed out the petitions, which though titled as public interest litigations are in essence something else,” observed a Division Bench of Justice Tarlok Singh Chauhan and Justice Sandeep Sharma while expressing shock as to the number of frivolous petitions being filed before it under the garb of public interest. The Court observed that a ‘flooding’ number of PILs are being filed, where even a minuscule percentage can legitimately be called public interest litigations. Thus, the Court observed that whenever a case is brought filed as a PIL, the case has to be closely examined to see whether it can actually be classified as a PIL. Jammu & Kashmir High Court 1. Inadequate Menstrual Hygiene Facilities Impeding Right to Education: Jammu & Kashmir HC Seeks Center’s Response (Court on its own motion v. Government of India & Ors.) A bench of Chief Justice Gita Mittal and Justice Sindhu Sharma said that menstrual health should be read along with Right to Education, which has been enshrined under Article 21 A of the Indian Constitution. The Court focussed on how the female adolescents faced difficulties in exercising this right when they are deprived of basic menstrual hygiene products or knowledge about menstrual health. The Bench said that such illiteracy about such an important subject will lead to unhygienic practices that have serious health consequences, and increased obstinacy, which will lead to an eventual dropping out from schools. The Court stated, “Inadequate Menstrual Hygiene Management (MHM) options would be a major barrier to education, even in Union Territories of Jammu & Kashmir and Ladakh, with many adolescent girls dropping out due to lack of access to sanitation facilities, menstrual products and the stigma associated with menstruation. The difficulties faced by these young girls are compounded by the fact that there are several educational facilities and institutions without basic toilet facilities. It cannot be denied that separate and basic toilets are essential for ensuring constitutional guarantees to these children.” The Bench also said that it is the responsibility of the states to educate children about menstrual health and hygiene and to make sanitary products accessible to all adolescents, especially those who cannot afford them due to financial constraints. Karnataka High Court1. We’ll Never Entertain A Petition Which Takes Us 100 Years Back’: Karnataka High Court Dismisses Pleas To Stop Non-Hindus From Working In Offices Under HRICE Act A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty dismissed writ petitions which sought for directions that non-Hindus should not be permitted to work in the office of Commissioners under Section 7 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act (HRICE Act). In this case the Petitioner had objected to appointment of one AB Ibrahim as a deputy commissioner with the Hindu Religious Institutions and Charitable Endowments Department, Mangaluru. While dismissing the plea, the Court observed took strong objection against the maintainability of the petitions as PIL. In this context, Chief Justice Oka said, “After the Constitution has come into force, we will never entertain such petitions in the court. There is something known as the Constitution, there is something known as Constitutional philosophy. We will not entertain a petition which will take us 100 years back.” 2. Any Resolution Passed To Deny Legal Representation To Person Arrested Over ‘Free Kashmir’ Poster? Karnataka HC Asks Mysore Bar Association A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty issued directions to the Mysore District Bar Association to produce the resolution, if any, passed by it along with its statement of objections precluding all its members from representing Nalini Balakumar, the student who was indicted on the charges of Sedition for holding a ‘Free Kashmir’ placard during the anti-CAA protests at the Mysore University campus on January 8. As per the plea, the Executive Committee of the Mysore District Bar Association on January 16, passed a resolution to not to file vakalath and appear on behalf Nalini, stating that she is accused as ‘Anti-National’. The petitioner argued that the Right to Practice is a Fundamental right guaranteed under Article 19(1)(g) of the Constitution of India. Hence, the decision of the Mysore District Bar Association or anyone for that matter, to restrict any of its Advocate members not to file vakalath on behalf of any accused person without sufficient cause, offends Article 19(1)(g) of the Constitution of India. 3. Excluding Married Daughter From Seeking Benefit Of Compassionate Appointment Is Unconstitutional: Karnataka High Court (Bhuvaneshwari V. Puranik v. State Of Karnataka) A single bench of Justice M. Nagaprasanna held that excluding a married daughter from consideration for appointment on compassionate ground is unconstitutional. While granting relief to the petitioner who had approached the Court against denial of consideration for appointment on compassionate ground on the death of her father on the score that she is “a married daughter”, the Court held that exclusion of married daughters from the ambit of expression ‘family’ is illegal and unconstitutional being violative of Articles 14 and 15 of the Constitution and therefore struck down the word “unmarried”. “Marriage does not determine the continuance of the relationship of a child with the parent, whether son or a daughter. Son continues to be a son both before and after marriage and a daughter also should continue to be a daughter both before and after marriage. This relationship does not get effaced by the fact of marriage, as marriage does not severe the relationship of the daughter with the parent. These relationships are neither governed nor defined by marital status. This notion on which the Rule is framed cannot answer the tests of Articles 14 and 15 of the Constitution of India.” 4. Karnataka High Court Allows Amnesty International To Withdraw Rs 60 Lakhs From Bank Accounts Rejecting ED’s Objection A bench of Justice P S Dinesh Kumar partly allowed the petition filed by Amnesty International’s India Office, which challenged the communication issued by the Enforcement Directorate (ED) to banks directing them to freeze the accounts held by trust. The Court allowed the petitioner to withdraw an amount of Rs. 60 Lakhs from the bank accounts. Prior to this, the Court had made multiple suggestions to the ED about whether it is willing to allow the petitioner to make statutory dues like salaries, tax payments, etc to the tune of Rs 40 lakh per month, from the five bank accounts which were mentioned in ED’s communication to banks. But, the ED had rejected these suggestions. Following the seizure of its banks, the Amnesty International had announced in September that it would be stopping its India operations. 5. Aarogya Setu : Karnataka High Court Reserves Order On Plea To Restrain Authorities From Denying Services For Not Installing App A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty reserved its order in the petition filed by Anivar Aravind who has sought directions to the authorities not to deny any service to citizens for not installing the ‘Aarogya Setu’ application. The petitioner has argued that the application is not backed by law. He argued that as per judgment in the case of KS Puttaswamy v. Union of India, any privacy infringement (Aarogya Setu App) requires a legislation and mere executive orders (such as those issued for the App under Disaster Management Act) are not sufficient. Advocate Gonsalves, who appeared for the petitioner, further added, “This is a surveillance app and the state is operating as super policemen. This is an app for repression of the public. Without a law this cannot be done. Their justification is superficial and no study is carried out.” On the other hand, Additional Solicitor General appearing for the Central government said the implementation of Aarogya Setu application is supported by law and it is one of the measures adopted for containing Covid-19 in the country, which does not violate the privacy of any individuals. 6. Karnataka High Court Issues Notice On PIL Challenging Amendment To BDA Act To Regularize Illegal Constructions A division bench of Chief Justice Abhay Oka and Justice S. Vishwajith Shetty issued notice to the State Government in a petition challenging the amendment to the Bangalore Development Authority (Amendment) Act and Karnataka Town and Country Planning (Fourth Amendment) Act (KTCP Amendment Act). The BDA Amendment Act seeks to legalize the illegal occupation and construction on lands owned by the Bengaluru Development Authority. The petitioner, Vijay Menon contended that both the amendments are violative of Articles 14, 21 and 243-ZE of the Constitution of India and is also contrary to the existing provisions of the Bengaluru Development Authority Act, 1976. The plea states, “The BDA Amendment Act detrimentally affects the residents of Bengaluru as the said Amendment Act incentivises land grabbers to illegally occupy government lands as the said illegal occupation would later on be legalized and regularized as a result of the said Amendment Act. The KTCP Amendment Act seeks to allow an increase in the floor area ratio for buildings by mere payment of premium charges to the Government.” The petitioner has asked the Court to issue directions which would prohibit the Respondents and their officials from entertaining any applications for allotment under the BDA Amendment Act or from entertaining any applications for the grant of permission for utilization of premium floor area ratio during the pendency of this writ petition. Other Developments: Karnataka High Court Initiates Suo-motu Petition To Ensure Elections Are Held To Municipal BodiesOCI Cardholders To Be Treated As Indian Citizens For Admission To Professional Courses: Karnataka High Court Karnataka High Court Asks BBMP and BDA To List Steps Which Will Be Taken For Proper Maintenance Of Parks/Gardens In BengaluruKarnataka High Court Directs Paralegal Volunteers To Verify Condition Of Bengaluru RoadsInsult To ‘Hindutva’ Not Religious Insult To Attract Section 295A IPC : Abhinav Chandrachud Argues In Karnataka HC Seeking Quashing Of FIR Kerala High Court 1. Withholding Of Title Deeds Towards Security By PSU Bank Doesn’t Involve Any Element Of Public Duty: Kerala High Court (Unimoni Financial Services Ltd v. IDBI Bank Limited & Another) A bench of Justice P V Asha held, “Providing of credit facility or providing of loan on the strength of title deeds given in security cannot be said to be done in discharge of any public function, even in a case where it is made by a Public Sector undertaking/Bank.” The Court further observed that demand for processing fee or withholding of title deeds towards security cannot be said to be one involving any element of public duty. In this case, the petitioner had challenged a demand made by IDBI bank towards processing fee of an alleged credit facility and also relating to withholding of the title deeds of the properties which were mortgaged/given in security. This demand asked the petitioner for payment of an amount of Rs.11,00,000/- towards the alleged processing fee for the return of original property documents that belonged to the petitioner. The petitioner then, filed a writ petition in the High Court seeking a declaration to rule IDBI Bank’s demand as arbitrary and illegal. It was prayed that IDBI Bank be directed to return the Petitioner, the original documents in respect of the petitioner’s land without insisting on the payment of Rs.11, 00,000. Here, the Court dismissed the Writ petition. 2. Gold Smuggling Case-Kerala High Court Dismisses CM Raveendran’s Plea Challenging Summons By Enforcement Directorate (CM Raveendran v. Union of India) A single bench of Justice VG Arun dismissed the writ petition filed by CM Raveendran, Additional Private Secretary to the Chief Minister of Kerala, challenging the summons issued by the Enforcement Directorate. “Having commenced an investigation or proceeding, ED cannot be expected to wait indefinitely to suit the petitioner’s convenience. It is not for this Court to monitor the investigation and to decide the venue, the timings, the questions and the manner of questioning”, the Court observed. The petitioner had approached the Court and had challenged the summons issued by the ED. He stated that on his appearance in response to the summons, he will be restrained for long hours and coerced into giving statements against his will. He also sought a direction to ED to refrain from detaining the petitioner beyond reasonable time and to permit the presence of a legal practitioner during questioning. Additional Solicitor General SV Raju submitted that the writ petition had been filed prematurely and is liable to be dismissed since, mere issuance of summons under Section 50 of the Act does not give rise to any cause of action. The Court agreed with the respondent and noted that no cause of action arises merely for reason of a person being called upon to state the truth or to make statements and produce documents. 3. Donation From Guruvayoor Devaswom Funds To Chief Minister’s Distress Relief Fund Illegal, Holds Kerala High Court (Bijesh Kumar M. v. State of Kerala & Ors.) A division bench of Justice Shaji P. Chaly and Justice MR Anitha had referred PILs filed by Hindu devotees against the donation of an amount of Rs. 5 crores made by the Committee of the Guruvayoor Devaswom to the Chief Minister’s Distress Relief Fund, on May 5, 2020, in view of the COVID-19 situation. The Bench held that the Committee does not have the authorization to make such payments. The Court further stated that all the properties, including movable and immovable properties and money, dedicated to or endowed in the name of Lord Guruvayurappan or any property acquired in any manner by Guruvayur Devaswom shall vest in the idol of Lord Guruvayurappan, consecrated in Sree Krishna Temple, Guruvayur. Other Developments: Money Trail In Gold Smuggling Case: Kerala HC Reserves Order On Maintainability Of Plea Filed By CM’s PS CM Raveendran Against ED SummonsKerala High Court Denies Bail To Former PWD Minister VK Ebrahim Kunju In Palarivattom Flyover ScamKerala High Court Raises Permissible Number Of Daily Pilgrims At Sabarimala Temple As 5000Kerala High Court Dismisses Couple’s Plea To Abort 35 Weeks Pregnancy Due To Serious Abnormalities In Foetus Madras High Court 1. Delay In Constituting NCLAT Chennai May Amount To Contempt Of Supreme Court’s Direction: Madras High Court A Division bench comprising of Justice M. Sathyanarayanan and Justice P. Rajamanickam observed that a delay in establishing a Bench of NCLAT in Chennai may amount to contempt of the Supreme Court’s direction. This direction had been given in the Swiss Ribbons Pvt. Ltd & Anr. v. Union of India & Ors., where the Attorney General had assured the Supreme Court that Circuit Benches of NCLAT will be established. The Supreme Court had recorded this submission with a direction to comply within six months. The Court directed the Additional Solicitor General of India to seek instructions in the matter and file a counter affidavit. The Court was hearing a writ petition filed by Advocate GV Mohan Kumar which stated that a delay in establishing the Bench was creating serious difficulties in access to justice for the Litigants and Lawyers. The petitioner further stated that the NCLAT branch only exists in New Delhi. So, litigants and lawyers from many different parts of the country, especially the South, have to travel back and forth for each hearing. This becomes incredibly time and money consuming. So, it was a necessity to have a regional branch of NCLAT in the South. 2. Why Not Invoke Goonda Act Against Food Adulterers?: Madras High Court Orders Interim Ban On Sale Of Edible Oil As Loose Oil [S. Arunnithy v. The CEO, FSSAI & Ors.] While observing that the edible oils (sold in loose packets) are mostly adulterated and that it would have “serious consequences on the health of the consumers”, a Bench of Justice N. Kirubakaran and Justice B. Pugalendhi passed an interim order banning the sale of edible oil as loose oil. The Court observed, “It is the duty of the Government to ensure that the people are getting healthy food without any adulteration. The very object behind the enactment of Prevention of Food Adulteration Act, 1954, now amended as Food Safety and Standards Act, 2006, is to enhance the quality standard and to ensure the availability of quality food for all citizens.” It added, “This Court is of the opinion that those who are involved in adulteration, ie., the adulterators, be it the Manufactures / Distributors / Sellers, should be termed as ‘Goonda’ as per the definition in Section 2 of the Tamil Nadu Act 14 of 1982, by amending the provisions to include them and should be detained under the Act 14 of 1982.” Other Developments: Shares Transferred By Redington India To Its Step Down Subsidiary Not Eligible For Tax Exemption: Madras High Court”How Many Times Indian Rupee Was Devalued Since 1947?”: Madras High Court Asks Central Govt. Orissa High Court 1. ‘Administrative Side Taking Necessary Steps’: Orissa High Court Disposes Of PIL For Use Of A4 Sheets In Courts A bench of Chief Justice Mohammad Rafiq and Justice Dr. BR Sarangi, while hearing a PIL seeking permission for use of A4 sheets in the High Court and all other judicial forums in Orissa, observed that the administrative side of the Court is “taking necessary steps” on the issue pertaining use of A4 sheets for filings before judicial forums in the state. The Court disposed of the PIL by using this observation as grounds. The Petitioner had sought necessary amendments to Rule 4(i) under Chapter-VI of Part-II of the Rules of the High Court of Orissa, 1948 so as to give effect to directions for the use of A4 size paper in the Orissa High Court; and also in all other courts, tribunals and other judicial and quasi-judicial forums, sub-ordinate to it in the State of Odisha. The Petitioner asserted that the move will not only protect the environment by minimizing the wastage of papers but will also bring uniformity in all Courts. 2. Right To Progeny And Termination Thereof Is A Fundamental Right Under Article 21: Orissa High Court While permitting a rape victim to terminate her pregnancy after 20 weeks of gestation, a Division Bench of Justices SK Mishra and Savitri Ratho held that right to progeny and termination thereof is a fundamental right enshrined under Article 21 of the Constitution of India. Reliance was placed on Meera Santosh Pal v. Union of India, (2017) 3 SCC 462, where the Supreme Court held that women’s right to make reproductive choice is also a dimension of personal liberty as understood under Article-21 of the Constitution. The victim in this case was 21 weeks pregnant and as per the existing Medical Termination of Pregnancy Act (MTP Act), medical termination of pregnancy more than 20 weeks old is not permitted. The Court however referred to the Medical Termination of Pregnancy (Amendment) Bill, 2020, pending consideration before the Rajya Sabha, which allows for termination of pregnancies up to 24 weeks. Patna High Court 1. Enable Transgender Community To Apply For The Post Of Constable: Patna High Court Asks State To Adopt A Sensitive Approach (Veera Yadav v. Government of Bihar & Ors) A bench of Chief Justice Sanjay Karol and Justice S. Kumar have the state of Bihar to adopt a sensitive approach and asked the state to enable the transgender community to apply for the post of Constable. The Court directed the State to take remedial measures and the last date to invite applications, for the members of the Transgender Community, was directed to be extended for such time and period, as the State determines it to be feasible and appropriate. The order was passed by the Bench when it was brought to their notice that the advertisement issued by the Central Selection Board of Constable in Bihar only allowed applications from the male and female genders. Importantly, the Court remarked, “Prima facie what we find is that the persons belonging to the Transgender Community are totally precluded from the process of applying for a post of a constable, much less, agitate their right of reservation.” 2. Alleged Assault On Judicial Officer: Patna High Court Take Suo Moto Cogniznace, Directs DGP To Submit Action Taken Report [Suo Motu on the basis of news Published in the news paper report dated 18.12.2020 v. State of Bihar & Ors.] A Division Bench of Chief Justice Sanjay Karol and Justice S. Kumar took suo moto cognizance on the basis of news published in the newspaper report related to the alleged assault on a Judicial Officer—ADJ, Hilsa (Nalanda) Jay Kishor Dubey who was travelling in his official car at Hilsa, District-Nalanda (Bihar). The Court directed that complete action taken report on the affidavit of the Director General of Police, Government of Bihar, Patna be filed before the next date, i.e. 23rd December, 2020. Punjab and Haryana High Court 1. Book Investigating Officers Who Fail To Secure CCTV Footage In Criminal Cases: Punjab and Haryana High Court Directs Haryana DGP (Rahul v. State of Haryana) A single bench of Justice Arun Kumar Tyagi directed the DGP of the state of Haryana to ensure that in every case where any CCTV footage is claimed to be available, copies of the same are obtained from the source along with requisite certificate under Section 65B of the Indian Evidence Act, 1872. The DGP was asked to issue appropriate instructions to Commissioners and Superintendents of Police in order to exercise effective supervision over the officials posted in their respective districts. This direction was issued when a bail applicant, Rahul, had been accused of stabbing a man with a sharp knife and causing grievous injury. The Court in this case observed that the Investigating Officer failed to obtain the copy of the CCTV footage and present it before the Court with a requisite certificate, under Section 65B of the Evidence Act, 1872. Even though departmental action has been taken against the Investigating Officer, the Court said that taking of departmental action in one or more of such cases does not remedy the damage caused to the cause of justice and that steps are required to be taken to ensure that such lapses do not occur again. Also Read: First Wife Not Consenting To Husband’s Second Marriage Not A Relevant Factor In Protection Plea Of Muslim Couple: P&H High Court Rajasthan High Court 1. School Fees During COVID: CBSE & State Board Schools Entitled To Collect 70 & 60 Pct Tuition Fee Respectively: Rajasthan High Court (Sunil Samdaria v. State of Rajasthan & Ors.) A Bench of Chief Justice Indrajit Mahanty and Justice Satish Kumar Sharma ordered the schools to take their fees as per the recommendations of the Government made on October 28, 2020. The Rajasthan govt. had, by the order of 9th April, 2020, deferred the collection of school fees by private schools for three months. Subsequently, via the order of 7th July 2020, the above deferment of collection of fees was extended till the opening of the schools with the stipulation that the name of any student shall not be struck off for non-payment of school fees. The order of 7th July stated that 70% of the school fees had to be paid to the school in three instalments. If there are cases of non-payment of the said fees, the students won’t be expelled from school, but they may not be permitted to sit in the online classes. Many petitions were filed against this order and the Court said that the schools must comply with the directions issued in the order released on October 28, 2020. 2. Prisoners Forced To Do Jobs Like Cleaning Toilets Etc. Based On Caste: Rajasthan High Court Calls For Overhauling Of Prison Manual (Manoj Yadav v. State) A bench of Justice Devendra Kachhawaha and Justice Sandeep Mehta directed the State government of Rajasthan to ensure that the prisoners are not discriminated against and forced to do menial jobs such as cleaning toilets, etc. on the basis of their caste. The Court further directed that no under trial prisoner is coerced to perform such tasks in the prison. The Court further stated, “Considering the progressive democratic set up of our country and in order to ensure maintenance of proper hygiene in the prisons, it would be expedient in the interest of justice that the State Government considers installation of mechanized/automated cleaning facilities in all the prisons in the State of Rajasthan.” Telangana High Court 1. “State Seeking Aadhaar Details ‘A Clever Ploy'”: Telangana High Court Orders Deletion Of Aadhaar, Caste Details Clause From Properties Registration (Saaketh Kasibhatla, v. State of Telangana) A division bench of Chief Justice Raghavendra Singh Chauhan and Justice B. Vijaysen Reddy rebuked the Telangana State Government for violating its undertaking that submitted in the Court which stated that it wouldn’t insist on Aadhaar and Caste Declaration for non-agricultural property registration process. The Telangana High Court on Wednesday (16th December) directed the state government to delete Aadhaar, caste and other relevant references from its software that is meant for the registration of properties. The Court stated, “The State is seeking information through a clever subterfuge in the garb of slot booking, and in the garb of applying for PTIN. Such a clever ploy is clearly in violation of the undertaking given by the State before this Court.” Uttarakhand High Court 1. “Harmful To Environment”: Uttarakhand High Court Urges Lawyers To Avoid Enclosing Documents Otherwise Available Electronically “The practice of enclosing the copies of Act, Rules, notifications, Government Gazettes and Judgments with the petitions, which are otherwise available electronically, are prevailing in the Court which not only imposes financial burden upon the litigants but also causes great loss to environment,” observed a Single Bench of Justice Lok Pal Singh while noting that the counsel for the petitioner in this case had unnecessarily enclosed the xerox copies of the judgments with the petition. While deprecating such a practice, the Judge clarified that according to Sections 37 and 38 of the Indian Evidence Act, 1872, these Acts, Regulations, notifications, Government Gazettes and Judgements are admissible as evidence even if their photocopies are not submitted to the Court.Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Colombian Drug Trafficker Detained in Argentina

December 20, 2020

first_imgBy Dialogo May 11, 2011 A Colombian citizen was detained Monday in Argentina, accused of membership in a gang trafficking liquid cocaine impregnated in sheets of polyurethane to Europe in suitcases, a judicial source indicated. Police officers from the Investigations Directorate of San Nicolás, around 150 km north of Buenos Aires, arrested Fabián Gustavo Molina Barrero, alias “El Colombiano” [“The Colombian”], who is suspected of processing the base paste and converting it into liquid cocaine in a laboratory, according to the report. The operation took place a few days after the detention of another Colombian, Ignacio Alvarez Meyendorff (fifty years old), whose arrest had been requested by the United States, where he faces trial on charges of trafficking eight tons of cocaine using submarines.last_img read more

Occupy Wall Street Marks 3rd Anniversary, Warms Up For Epic Climate March

December 18, 2020

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Occupy Wall Street protest organizers commemorated the third anniversary of the global anti-Wall Street corruption, et al movement September 17 not by overrunning the streets of Lower Manhattan alongside tens of thousands of supporters or by staging mass acts of civil disobedience as they’ve done since the movement’s birth in 2011, but by quietly strategizing for this year’s primary action events: September 21’s People’s Climate March and September 22’s “Flood Wall Street.” A handful of OWS organizers led by Sumumba Sobukwe of OWS working group Occu Evolve rallied several dozen protestors and ran workshops throughout the day in a sparsely populated Zuccotti Park, the movement’s historic home base in the shadow of One World Trade Center just blocks from Wall Street itself. Holding signs, chanting “We are the 99 Percent!” and distributing fliers about several upcoming marches, they spoke out about issues ranging from police brutality and income inequality to Native American rights and corporate corruption under the watchful eye of the New York City Police Department, who operated a mobile command post nearby and set up barricades throughout the financial district. Officials in both white and blue uniforms patrolled the park, guarded intersections throughout Lower Manhattan and also stood ground outside many of the financial institutions OWS has criticized. “Not all of us are anarchists,” Sobukwe told the Press while handing out “Occupy The Media: Public Press” lanyards to dozens of news outlets and journalists who’d converged on Zuccotti that morning (outnumbering the activists) to cover the anniversary. “Not all of us are these quote-unquote crazy people. We really just wanted Occupy Wall Street to be a movement like the anti-Vietnam movement, like the Civil Rights movement, or more. We felt like the movement needed to evolve.“Mic check!” he boomed from the south steps of the park a few moments later—signaling supporters to activate the “People’s Microphone,” whereby all those within earshot loudly echo whatever the main speaker says. “We’re still here!” Sobukwe declared, amid a chorus of the same. “We may not be thousands, but we’re still strong. And we’re still here. Because Wall Street is still here. Committing the same crimes. Against the same people. Which are us.”Programs included independent media workshops, meet and greets, networking sessions, discussions and teach-ins including: “Occupy The Environment: Saving Our Climate;” “Stop Mass Incarceration: From Eric Garner to Michael Brown and Beyond;” “End the Militarization of Police” and a “People’s and Workers Assembly for the 99%.” These were warm-up preparations for “Flood Wall Street,” a massive collective act of nonviolent civil disobedience slated for Monday, September 22, beginning at 9 a.m. at Battery Park to coincide with the United Nations Climate Summit on September 23. From there, protestors will march and “flood” the steps of the New York Stock Exchange at noon in a massive sit-in, according to floodwallstreet.net. “Stop Capitalism. End the Climate Crisis,” declares a message on the site. “Flood, blockade, sit-in, and shut down the institutions that are profiting from the climate crisis. Wear blue.”The mass OWS action comes on the heels of what is slated to be the largest march against climate change in history—the People’s Climate March—on Sunday, September 21 in New York City. Steve Yip, an organizer associated with the nonprofit Stop Mass Incarceration Network, stressed on Wednesday the impact OWS had on “changing the discourse” about a spectrum of injustices, vowing that October would be the “Month of Resistance” replete with “nationwide walkouts” and the 19th Annual Day of Protest Against Police Brutality, Repression and the Criminalization of a Generation on October 22. “It is mass genocide!” shouted Yip, also from the south steps of Zuccotti. “No school. No work. Walk out!”Occupy Wall Street protestor Bill Johnson lashes out about income inequality, homelessness and sub-par Superstorm Sandy recovery efforts outside Zuccotti Park in Lower Manhattan Sept. 17, 2014 during the global protest movement’s third anniversary. (Christopher Twarowski/Long Island Press)Self-described radical journalist, political analyst and OWS organizer Caleb Maupin told supporters that when some of his friends and colleagues heard it was OWS’ third anniversary, they responded with something along the lines of “That’s so three years ago.” Yet, he stressed, the very same injustices which helped spark the movement still persist today. “There are still a group of businesses that are making profits from destroying our lives!” he howled. “They can’t make profits by exploiting us! So now they make profits by locking us up!”In addition to corporate greed and mass incarceration, Maupin railed against the World Business Forum—a mass gathering of business elite to be held October 7 and 8 at Radio City Music Hall that will feature speakers including former Federal Reserve Chairman Ben Bernanke—and urged all to “March against capitalism!”“We may not be in Zuccotti Park anymore,” he declared. “But we’re everywhere!”“We’re still here!” he continued. “We are the 99 percent!”That message was echoed by Robert Hernandez, also of OWS’ Occu Evolve. “Even though our numbers have dropped dramatically, we’re still here,” he told the Press prior to his turn on the People’s Mic. “We’re not giving up.”“We’ve been here three years now and we’re going to be here another three years and longer,” he vowed. “Don’t give up! Never give up!”“I’m a refugee in my own country,” lamented Willy Underbaggage of the Lakota Nation, who took the People’s Mic next. “The Earth is being ravaged. Stolen. Used. To control you. “Wall Street has done so much damage here across this land,” he continued. “Wall Street was created to thrive, to steal from indigenous people!”Occupy Wall Street protestor/figure skater/performance artist/attorney Marni Halasa threatens to give bad bankers a spanking in commemoration of the global protest movement’s third anniversary Sept. 17, 2014 in Lower Manhattan’s Zuccotti Park. (Christopher Twarowski/Long Island Press)Double-gold US Figure Skating champion, performance artist, unofficial OWS Freedom Fairy, OWS Alternative Banking working group member and attorney Marni Halasa, dressed in a skintight police costume and pretending to club jailed bad bankers with a baton (one was a handcuffed blowup doll) equated Fordham University law professor Zephyr Teachout as living proof that OWS was still alive and well, citing her David-Vs-Goliath Democratic gubernatorial primary challenge against Gov. Andrew Cuomo—which was unsuccessful, but garnered the highest percentage of the vote against an incumbent since the primary’s were introduced in 1970.“[Her campaign is] one way Occupy is still very, very relevant,” she explained to the crowd. “So if anybody said that Occupy is not relevant, we are.”“Zephyr Teachout’s campaign was one of the most exciting things that has happened in politics in years,” Halasa told the Press afterward. “And what I love about her is she takes an examination of sort of the existing power structures—like who has power in society? Why do we allow Citibank and Chase Manhattan to allocate credit? You need credit in order to have a small business and actually succeed.“You don’t hear Cuomo talk about that, you don’t really hear mainstream politicians talk about examining the power relationships in society,” she continued.“The system is fkd up!” slammed a speaker introduced as “Brother Bill.” “It needs to be changed.”Sporting a scruffy salt-and-pepper beard, he directed people to greenscissors.com, a campaign to identify and eliminate environmentally wasteful and harmful projects. The group’s 2012 report found that ending environmentally destructive federal programs would save nearly $700 billion, according to the site.“We’re marching against Wall Street and for Main Street,” he added, an accordion player taking the mic shortly after and belting out a song “about the estate tax.”“The Occupy movement is a spiritual movement,” OWS protestor Hermes Levi told the crowd through a think West African accent. “The Occupy movement wanted to make a better world.“Occupy cannot die because it’s the idea whose time has come,” he explained to the Press afterward. “The time is now. Whether it’s three people, five people, 100 people, but I say it’s about understanding…people will get it sooner or later, and once they get it, it will start…the same tactics used to win the battle will not work, so Occupy cannot die, it can only rise up again.”“The three-year anniversary and things that are happening everywhere shows that Occupy is still here,” continued Levi. “It’s not the same strength because of what happened [police and government crackdowns and its eviction from Zuccotti], but this is how history works: It’s two step forwards, one step back.“We want a better world,” he added. “The journalists come and ask us ‘What are your demands?’ We say we don’t have no demand, we want to change the world. We want to change ourselves. We ask nothing from you. So changing ourselves and changing the world is not easy, but it’s feasible, it’s plausible.”“Occupy Wall Street: From Zuccotti Park to Times Square, The Revolution Spreads” [Press Multimedia Cover Story Package Oct. 20. 2011]last_img read more

Another credit union-bank deal, another misinformed complaint

December 17, 2020

first_imgEditor’s note: The following is a letter from Scott Earl, president and CEO of the Mountain West Credit Union Association, in response to an article published in American Banker.As president and CEO of the Mountain West Credit Union Association representing 117 credit unions, I would like to clear the air about a recent American Banker article predicting a slowdown in the number of credit unions purchasing banks.The article quoted Christopher Williston, president and CEO of the Independent Bankers Association of Texas, regarding Alaska USA Federal Credit Union’s recent deal to buy bank branches in Phoenix. Williston questioned what reason an Alaskan credit union would have for being in Arizona.I’m hoping to clear up some details regarding the credit union and its growth plan in the Phoenix-metro area. Alaska USA currently has eight operating locations in Arizona. Those locations serve an estimated 61,000 members. continue reading » ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblrlast_img read more

How to Adjust Your Front Door in 60 Seconds With Alure Home Improvements

December 16, 2020

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Sponsored Content Brought To You By Alure Home ImprovementsJust imagine for a second how many times a day you open and shut the doors in your house. This important part of your living arrangement, like all things, is subject to wear and tear over time. For an exterior front door, it’s undergoing even more pressures due to shifts in temperature and weather as one season runs into another. It’s to be expected that it will warp and swell. There’s another factor too, as Doug Cornwell, chief operating officer of Alure Home Improvements, explains.“The entrance door is heavy!” Cornwell says in a recent installment of “Alure Home Improvements’ 60 Second Fix” titled “How To Adjust Your Front Door In 60 Seconds.” It’s got to stand up to the weather and the unwanted, so it’s made stronger and it’s insulated.“Over time they will start to weigh down and come out of level,” he warns. An uneven door puts pressure on the hinges, causing them to weaken and become misshapen.If you don’t address that spacing problem, at a certain point the door will start to creak or squeak, and, in the worst case scenario, actually get stuck or fail to shut properly. That could put you in a real jam.Fortunately, Cornwell knows what to do, and here in this new “60 Second Fix Video,” he spells out the simple steps you can take to fix this all-too common household problem.“The easiest way to check is if you first take a look at the spacing above the door,” Cornwell advises. If the space between the top of the door and the door jamb is narrower at one end than the other, it has to be fixed. If you examine the vertical gap on the side of the door where the latch  is, you’ll probably see a similarly uneven space. According to Cornwell, the most common cause of that unevenness is that the top hinge has been pulled slightly out of the door jamb due to the weight of the door.“This tells us that the door is out of whack,” says Cornwell.In this case, Cornwell intends to readjust the door’s top hinge because he’s figured out that it has pulled slightly away from the door jamb. He unscrews the top screw in the hinge and realizes that it’s too short to support the door’s weight any more, and it must be replaced with a longer screw that will anchor the hinge not only to the door jamb but to the wooden frame behind the jamb.He doesn’t need to drill a different hole for the hinge. He just inserts a longer screw into the same hole, and with the aid of hand-held power screw-driver, he quickly tightens the new screw until he can feel it dig firmly into the two-by-four frame of the house.Click here to learn more about Alure Home ImprovementsTo test it out, Cornwell goes back inside the house and closes the front door so he can inspect the spacing.“If you take a look, you’ll see that the space across the top is now more even,” he says. “That’s important on an exterior door because that also stops the air infiltration.”And we all know what that means: a higher energy bill!So, the next time you notice that your front door is unevenly spaced in the door jamb, it may be that the top hinge has slipped out of line. Thanks to Doug Cornwell at Alure Home Improvements, you now know that simplest solution could be just tightening the top hinge by replacing a short screw with a longer one that will anchor deeper into the door frame.last_img read more

Marina Punat on the island of Krk declared the best Croatian marina

November 18, 2020

first_imgMARINA PUNAT on the island of Krk is the best Croatian marina according to guests and won first place at the Golden Anchor 2017. This award is the finale of the summer campaign “Nautical Patrol of Jutarnji list” which lasted from June 23 to August 18 this year.The action covered 32 marinas from Umag to Dubrovnik with a total of 11.500 berths. The aim of the action was to determine and compare the quality of services of Croatian marinas in order to improve the quality of Croatian nautical tourism.ACI MARINA SLANO won the award for second place while OLIVE ISLAND MARINA on the island of Ugljan won third place. According to boaters, the special award “My favorite marina” went to ACI MARINA CRES. A special award for exceptional contribution to the development of Croatian nautical tourism and wholehearted help and support to the organization of the Nautical Patrol of Jutarnji list 2017 was awarded to Adriatic Croatia International Club dd – ACI.Namely, the evaluation was performed on the basis of survey questionnaires filled out by guest sailors in each marina, answering 7 questions about the tidiness, organization and cleanliness of the marina, the kindness of staff, catering, entertainment and sports facilities, ratings from 1 to 5 for each category . This accounted for 70 percent of the marina’s overall rating, while 30 percent was made up of the patrol rating as a jury, also 1 to 5, but for the overall impression of the marina.In the first eight months, growth of 15 percent in nautical tourismAccording to data from the eVisitor system, which contains data from the eCrew system, in the first 8 months of this year 345.460 arrivals were recorded, which is an increase of 15% compared to the same period last year and 2,338.032 overnight stays, which is an increase of 16% more boaters in the charter segment.The highest number of overnight stays was recorded in the Split-Dalmatia County (approximately 1 million, which represents + 18%). All coastal counties recorded a double-digit increase in nautical tourism, and a particularly strong growth was recorded in the Dubrovnik-Neretva County (+ 58%). The largest number of foreign tourists was recorded from Germany, Austria, Great Britain, while a remarkable shift was seen among guests from America, whose growth was almost 54%, and from Australia, which recorded an increase of 33%.last_img read more

Consumers lament PLN electricity bill spike

October 19, 2020

first_img“I use nine hours of air conditioning daily. That hasn’t changed. Plus, I haven’t added any new electronic devices,” he told The Jakarta Post on Wednesday.He said his effort to contact PLN customer service, including through the company’s official Twitter account and its hotline last week, had not improved the situation. While the company promised to send an inspector to his house, the person had yet to show up.Similarly, Putu Riza, a Youtube gadget reviewer based in Greater Jakarta, published a screenshot of his Rp 1.93 million June bill, more than double the previous month.“Here’s my bill, which is the highest ever throughout the work-from-home period, even though I’ve been working at home less,” he wrote on his Twitter account @papersboy. The spike in electricity bills has been attributed to PLN’s new billing method, where it calculates monthly residential power bills based on consumption during the previous three months. The higher-than-usual consumption in April and May was billed in June.The company has encouraged customers to self-report their electricity usage as an alternative to the new bill calculation method, but many have not done so, as noted by PLN and YLKI.In June, a total of 4.3 million post-paid residential customers saw bills 20 percent higher than in the previous month.The company’s assessment of 2,200 complaints about high electricity bills in April concluded that 94 percent of the increases were proportional to increases in electricity consumption.The proportionality contradicts customers’ speculation that PLN has raised rates – expressed in rupiah per kilowatt hour (Rp/KwH) – at the request of the government.“Consumers felt they were being cheated with a higher rate. There is no higher rate,” said Indonesian Consumers Foundation (YLKI) chairman Tulus Abadi in a video statement on June 7.However, Tulus urged PLN to improve its customer service because many consumer complaints were not processed properly. He also told affected consumers to contact PLN.“Consumers should not be shy about asking PLN for clarity. That is our right,” he said.Because of the mounting complaints, PLN has pledged that it will relax payments for customers whose June bills rose by more than 20 percent.PLN will now collect 40 percent of the eligible customers’ bills this month. The remaining 60 percent will be charged equally over the following three months.The company plans to offer the scheme to an estimated 1.93 million customers who saw spikes in their monthly electricity bills.However, PLN senior executive vice president for customer service Yuddy Setyo Wicaksono, speaking on Monday, maintained that the higher power consumption was because of increased at-home work during the pandemic, as well as the Ramadan fasting period in May.“People watched Korean dramas and played video games at home. These forms of entertainment are related to electricity usage when people avoid leaving home,” he said, adding that consumers also used more electricity during the fasting month because people woke up before sunrise for predawn meals.Topics : Consumers have criticized state-owned electricity firm PLN for a significant spike in electricity bills in June resulting from a new billing method and increased at-home work.PLN data shows that about 258,000 households, all of which are on post-paid residential plans, saw a significant increase in their power bills. The company claimed this was because of higher electricity consumption at home as people avoided going out.Hendrik Tampubolon, 33, an East Jakarta resident, showed a screenshot of his house’s electricity bill in June. It had jumped fivefold to Rp 551,416 (US$39.1). His electricity bills over the three months before averaged about Rp 100,000.last_img read more

Will the real Baltimore Ravens please stand up?

August 31, 2020

first_imgI’m just like you watching the games – tweeting, Facebooking, reading the ongoing barstool dialogue during games and I hear all of the purple noise regarding the inconsistency of the 2011 Baltimore Ravens and tonight in Pittsburgh it will be outlined in Technicolor on every barstool and social media place in the cyberuniverse.Fire Cam Cameron! Bench Joe Flacco! Get new offensive line! Bring back Todd Heap and Derrick Mason! I have the pleasure (or is it the pain?) of being subjected to every stupid thing every fan ever says about the Baltimore Ravens. I’m not the only one who hears it – here’s Steve Bisciotti’s humorous take on the state of the purple nation after every loss:But I get it and as Ravens fan No. 1 – I feel and live your pain every Sunday.We’ve all seen it: beat the snot out of Pittsburgh at home one week, can’t stop the likes of Matt Hasselbeck and the lowly Tennessee Titans the next week. And we’ve all seen the last 120 minutes of frightful football during Halloween week with six quarters of ineptitude that would make even the Ravens of 1996-97-98 blush with embarrassment.And there is plenty of fret and gloom and doom regarding this week’s annual little meetup amongst the NFL’s Hatfields and McCoys as the Ravens return to Pittsburgh.I hope it goes like this…And not like this…We’re pushed our WNST Miller Lite bus up to Pittsburgh quite full today and we’re always hoping for a happy ride back down the mountain on I-70 .But part of the deliciousness of this 2011 season for any Ravens fans has to be the maddening inconsistency and unpredictability of this team.Look, they rallied from 21 points down seven days ago so ANYTHING now becomes possible.So, what’s going to happen in Pittsburgh tonight? And where do you begin to categorize the Ravens play in 2011 other than consistently inconsistent?This current offense is perplexing. Coach John Harbaugh says he’d be open to more shotgun for the offense, which sounds fine for home games when you can hear a pin drop in Baltimore when Flacco is under center. However, tonight in Pittsburgh when the Steelers start the first few strains of Styx’s “Renegade” on the P.A. and those clowns start waving their yellow snot rags, it’ll certainly work to alter the Ravens’ offense and cadence in a shotgun.Who will step up and be a consistent receiver for the team? Who is really going to replace the likes of Todd Heap and Derrick Mason on a week-to-week basis with first-down receptions to move the chains?Will Torrey Smith get behind the Steelers secondary?Of course, the offense will only go as the offensive line goes and protects Flacco to pass and creates holes for Ray Rice.The secondary is a weekly collection of the remainders of the walking wounded.Some of the young guys are going – Paul Kruger and Terrence Cody being the latest pair to pitch in a little more regularly. Of course, the lack of productivity of Sergio Kindle and Jimmy Smith is evident and the Ravens have used their most valuable commodity – the last two first-round draft picks – on this pair.The Steelers are surging after an impressive defeat of Tom Brady and the New England Patriots last week. The Ravens are – well, I’m not sure what they are but I’m following the soap opera live from Pittsburgh tonight.I’ve witnessed and been subjected to long trips back from ugly losses in Jacksonville and Nashville. Hell, last Sunday in Baltimore was an ugly win, if there is such a thing.It’s quite inspiring that no one in a purple sweater uttered the “Q word” against the Cardinals and certainly it speaks to the leadership and coaching of the Ravens that they didn’t turtle up to Arizona amidst a home fan base that broke out boos far worse than anything I ever heard during the Ted Marchibroda or Kyle Boller era.But tonight will tell the tale of the tape under the bright lights at Heinz Field. The Ravens are going to Pittsburgh. The winner will take the front seat in the AFC North – with all due respect to any of you who might believe the Cincinnati Bengals are a factor but my sniffer calls them a pretender in 2011 because they still have four games left with Sunday’s contestants.Enjoy the game.We’ll be Tweeting, writing, blogging, reporting and hitting the locker room tonight from Pittsburgh.As always, your thoughts are welcomed below…last_img read more

JuJu Smith-Schuster says he has no beef with Antonio Brown

August 16, 2020

first_img Jadeveon Clowney still not close on a deal with Texans As for Brown, it was announced Tuesday that the Raiders will be featured on this season of HBO’s football documentary series “Hard Knocks,” something Smith-Schuster is looking forward to watching as he follows his former teammate from afar.”I’ll be super excited to see what he does and what the team does,” Smith-Schuster said. “Hard Knocks will be interesting to watch.”‘Smith-Schuster led the Steelers with 111 catches for 1,426 yards en route to his first Pro Bowl selection in 2018. Antonio Brown wasted no time throwing JuJu Smith-Schuster under the bus after being dealt to Oakland in March, but the third-year wide receiver has since moved on.While speaking Wednesday at the Steelers’ mandatory minicamp, Smith-Schuster admitted he has no beef with Brown but wishes things wouldn’t have ended so abruptly between them. Bears waive Chris Blewitt, leaving number of kickers at 2 Seahawks expect Mychal Kendricks back after insider trading case It’s a long way removed from the pass-catching duo that dominated together on the field and supported each other off it.When asked what the experience taught him, Smith-Schuster said he will continue to keep to himself and be an accessible leader.”I never want to be the center of attention for causing problems,” Smith-Schuster said. “I just try to stay positive as much as possible. When stuff like that goes sideways, I say what I say and then I back out and leave it at that.” “The man’s a role model. In that situation, I didn’t want it to end like that,” Smith-Schuster told reporters. “I have no hard feelings against him. Obviously if we’re ever in the same room, I’m going to say what’s up to him. I think hatred is a huge word to use against somebody. At the end of the day he’s a great player, he comes out every day with work ethic. He worked hard. Other than that, I don’t have anything toward him like that.”Things first got heated in April when Brown took a jab at Smith-Schuster on Twitter after a fan reminded the veteran that he wasn’t voted the team’s MVP. But Smith-Schuster, confused by the “shots” Brown took at him, opted to take the high road. Related Newslast_img read more

Auburn Salon and Spa is the newest Wellington downtown business

August 14, 2020

first_imgby Tracy McCue, Sumner Newscow — Auburn Salon and Spa, located at 420 North Washington Ave., is the newest Wellington downtown business.The new business offers full service in hair care, tanning salon, and massage therapy.Four women: Jessica Newman, Hannah Brown, Anna Wylie and Paige Nicholson got together to start a new business, offering modern day services for both men and women. They found the ideal location – the former Grene Vision Group building which has been unoccupied since moving to its new home – a few years ago.“It was perfect,” Newman said. “Everything was built to service eye customers, and that was an easy transition into what we were doing.”Auburn Salon and Spa has a plethora of services for the person wanting to improve their outer beauty. First off it all begins with hair care which is a specialty for Newman. There is coloring, cutting, formal up-dos , and shampoo sets.“I have 10 years of experience, Paige has six and Hannah has two,” Jessica said. “We are all across the board ready to offer you that perfect style for your facial shape and your everyday needs.”Jessica Newman, Paige Nicholson and Anna Wylie (Hannah Brown not pictured) make up the Auburn Salon and Spa team.Wylie does the massages and has multiple types to offer: Deep tissue, Aromatherapy, Hot Stone Massage, and Sports Massage — all ranging from 30 minutes to one hour.Next the women of Auburn Salon and Spas offer laser hair removal which is a non-invasive IPL treatment that heats up the follicles to slow hair growth. IPL process uses intense pulses of light to gently remove that unwanted hair.  Putting an end to shaving and tweezing.There is also body sugaring is a much gentler, safer, and truly progressive method of hair removal compared to the traditional hard wax for all parts of the body. It is effective on all skin types and hair textures for both men and women.Then there are is the tanning.“We offer two forms of tanning: a U.V. free, chemical free, scent free solution that is airbrushed on leaving you streak free, with a beautiful bronzed coloring ready to enjoy for 10-14 days,” Newman said. “Our second option would be the high pressure bronzing tanning bed we have. It is a 12-minute bed that will give you that off the beach glow ready for spring.” Close Forgot password? Please put in your email: Send me my password! Close message Login This blog post All blog posts Subscribe to this blog post’s comments through… RSS Feed Subscribe via email Subscribe Subscribe to this blog’s comments through… RSS Feed Subscribe via email Subscribe Follow the discussion Comment (1) Logging you in… Close Login to IntenseDebate Or create an account Username or Email: Password: Forgot login? Cancel Login Close WordPress.com Username or Email: Password: Lost your password? Cancel Login Dashboard | Edit profile | Logout Logged in as Admin Options Disable comments for this page Save Settings Sort by: Date Rating Last Activity Loading comments… You are about to flag this comment as being inappropriate. Please explain why you are flagging this comment in the text box below and submit your report. The blog admin will be notified. Thank you for your input. +4 Vote up Vote down doreen · 332 weeks ago Congrats girls!!!!! What a sweet group of girls. Stop by and see them, they decorated it super cute. Report Reply 0 replies · active 332 weeks ago Post a new comment Enter text right here! Comment as a Guest, or login: Login to IntenseDebate Login to WordPress.com Login to Twitter Go back Tweet this comment Connected as (Logout) Email (optional) Not displayed publicly. Name Email Website (optional) Displayed next to your comments. Not displayed publicly. If you have a website, link to it here. Posting anonymously. Tweet this comment Submit Comment Subscribe to None Replies All new comments Comments by IntenseDebate Enter text right here! Reply as a Guest, or login: Login to IntenseDebate Login to WordPress.com Login to Twitter Go back Tweet this comment Connected as (Logout) Email (optional) Not displayed publicly. Name Email Website (optional) Displayed next to your comments. Not displayed publicly. If you have a website, link to it here. Posting anonymously. Tweet this comment Cancel Submit Comment Subscribe to None Replies All new commentslast_img read more