About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. Tagged with: Trading ActionAid Recycling launches latest Mobile Phone Amnesty The Mobile Phone Amnesty was first established in 2005 as a means to increase awareness of the work ActionAid Recycling does and highlight the fact that some 15 million unwanted phones are discarded each year in the UK alone.ActionAid Recycling collects empty printer cartridges, unwanted mobile phones and PDA’s to be reused and recycled. ActionAid Recycling also sells new cartridges. ActionAid Recycling pays to ActionAid 10% of sales generated from donated ink and toner cartridges, PDA’s and mobile phones. In 2005 this equated to 75% of the business profits of ActionAid Recycling. AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis ActionAid Recycling has launched its latest campaign to persuade people to donate their unwanted mobile phones and personal digital assistants (PDAs) to raise funds for its founder charity ActionAid. Every participant will be entered into a prize draw for each handset they send for recycling.Prizes on offer include a Fujitsu Siemens AMILO Pro laptop with Windows XP, A Solio charger, and an organic hamper.The Mobile Phone Amnesty runs throughout December 2006 and January 2007 and aims in particular to attract people who have been given a new handset for Christmas, leaving them with an older but still functioning model. Advertisement 29 total views, 1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 21 November 2006 | News
Regional and international health officials emphasize that the Ebola virus disease crisis is not over, as three new cases have appeared in Liberia. This country was one of the hardest hit West African states by EVD from 2014 to 2015. Then more than 11,000 people in the region died from the most virulent forms of viral hemorrhagic fevers.Liberia, Guinea and Sierra Leone were the most severely impacted states in the EVD outbreak, which became known internationally in early 2014. All three countries have experienced internal conflict and unrest over the last three decades.Nathan Gboetoe’s father took him to the John F. Kennedy Medical Center in Monrovia, Liberia’s capital, on Nov. 18. Bleeding from the mouth, but without a fever, the 15-year-old was taken to the trauma ward and tested for EVD two days later. The results were positive. However, the delay in diagnosis and medical treatment led to Gboetoe’s death on Nov. 20.The child’s death shattered the notion that Liberia had eradicated the dreaded disease.The question arises: How could such a situation occur in light of the experiences of 2014-15 when the largest EVD outbreak profoundly impacted Liberia? The country has strong historic ties to the United States.Clair MacDougall stated in an article on the Foreign Policy website: “Gbotoe should have been fully checked by a triage at the entrance at the hospital where health workers screen for patients who may have Ebola and need to be isolated. The doctors and nurses who handled his case didn’t wear the correct equipment for treating possible Ebola cases that protects against the highly infectious virus.” (Nov. 26)Nonetheless, Dr. Francis Kateh denied protocol was violated. Kateh is the chief medical officer and acting director of the Incidence Management System that monitors Ebola cases. The same article quotes him, “No one would walk around with [personal protective equipment] in this climate.”Kateh reported that the nine health care workers who interacted with Gbotoe have been quarantined and that the 150 people, both patients and medical personnel, who were in contact with him were identified.Guinea’s last-known caseIn neighboring Guinea, the health care resources are more limited than in Liberia.Guinea, a former French colony, defied French imperialism in 1958 and gained its independence. The first EVD cases were identified there in late 2013.On Nov. 28, Nubia, a 1-month-old baby girl, Guinea’s last reported EVD case, left the hospital. The baby is perhaps the first infant to survive after being born to an infected mother. Her recovery represents the hope that Ebola has been eradicated in the country. The medical staff was delighted, after dealing with one of the most challenging periods in the country’s modern history.Laurence Sailly, director of the emergency team of Doctors without Borders (Medecins Sans Frontieres/MSF) in Guinea, told Reuters on Nov. 28, “This is a very happy day for us.” Nubia “is a symbol of what we are capable of doing at this stage of the epidemic.”Sailly says that Nubia overcame the disease due to experimental drugs and intensive treatment provided by 20 health care workers. She received the Ebola drug ZMapp and GS-5734, an experimental anti-viral medication being developed by a U.S. biopharmaceutical firm. During the treatment, Nubia was connected to a monitoring system that allowed physicians and nurses to track the infant’s breathing and heart rate and make sure procedures were used to prevent further infections.It will take another six weeks without any new cases for Guinea to be considered “Ebola-free.”Worst outbreak in 39 yearsThe 2014-15 epidemic was the largest outbreak of EVD since it was first observed in 1976 in the Democratic Republic of Congo. Liberia’s recent case underscores the importance of robust surveillance measures to ensure rapid detection of any reintroduction or re-emergence of the disease in unaffected areas. Guinea, Liberia and Sierra Leone have installed surveillance systems to enable medical workers and members of the public to report EVD cases and deaths,Several other West African states have not been impacted by the EVD outbreak, or else they swiftly eradicated a small number of cases in those countries. In Nigeria, Senegal and Mali, a small outbreak was immediately contained, resulting in few deaths.The World Health Organization was severely criticized in 2014 for not taking decisive action during the first weeks and months of the outbreak. The U.N.-affiliated agency has said that Liberia, Guinea and Sierra Leone were not capable of handling continuing cases on their own.“The response to Ebola — the national leadership, community engagement, so many people working so hard for such a long period of time with such dedication — if that can be translated into efforts beyond Ebola, then actually all the countries have a bright future ahead of them,” Peter Graaff, the U.N. Regional Inter-Agency Coordinator on Ebola, told the U.N. News Center. (Nov. 27)This may be true in the short term, but Africa cannot continue to rely on outside institutions and governments to adequately monitor, prevent and treat EVD and other infectious ailments. Internal structures must be developed and enhanced to bring about healthy and productive lives for the majority of the continent’s residents.Cuba: beacon of solidarityTo reach this objective, stronger emphasis must be placed on developing national and regional health care systems, along with advanced educational and communication networks to eradicate the underlying causes of the outbreaks. Socialist Cuba’s role in providing assistance during the peak EVD outbreak exemplifies how underdeveloped postcolonial states can reverse the legacy of imperialist exploitation and alienation.After the 1959 revolution, Cuba broke with capitalist ownership of production and moved toward self-sufficiency. As a result of its rapid development as a socialist state, Cuba has become a beacon of international solidarity — particularly toward the African continent.Cuba’s assistance to Africa continues a decades-long process of reconnection with its ancestral and cultural roots — and moves toward fulfilling its goals of working for a world where human beings’ value supersedes the drive for profits and political domination. Cuba’s contribution to the international response to the largest EVD outbreak ever seen was even recognized by U.S. corporate media.African Union member-states have praised the Cuban government’s response to the EVD outbreak of 2014-15. AU Commission Chair Dr. Nkosazana Dlamini-Zuma visited Cuba recently to express gratitude and discuss ongoing collaborative projects between the continent and the revolutionary Caribbean island nation.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
November 28 marks the 50th National Day of Mourning in Plymouth, Mass., when Indigenous peoples pay homage to their ancestors and relate their history as the original inhabitants of this country, while they expose the myths about the “benevolent” Pilgrims. In fact, European colonialists committed massive crimes against Native peoples, stealing their lands and food, obliterating their culture and engaging in genocide.This year’s event will honor ailing Native political prisoner, Leonard Peltier, age 75, who has been unjustly imprisoned for 43 years, currently in Florida, separated by thousands of miles from his family and nation in North Dakota.It is a day to laud Indigenous peoples worldwide who fight oppression and lead the struggles to save lands, forests and rivers from capitalist destruction. This is a time to pay tribute to all Native water protectors and land defenders, including those murdered for daring to oppose corporate profiteers, such as Honduran Berta Cáceres, a Lenca leader.Workers World Party hails Evo Morales, Indigenous president of Bolivia, who was ousted in an illegal coup by wealthy right-wingers, in league with Washington. Courageous Indigenous peoples there have demonstrated against the brutal, racist coup-makers, despite horrific repression. We honor Indigenous peoples, workers and youth participating in anti-government demonstrations in Chile, Colombia and Ecuador.WWP expresses our solidarity with all im/migrants and refugees being held hostage by Immigration and Customs Enforcement on orders from the White House and those deported and denied entry. We condemn the Border Patrol for separating migrant families at the U.S./Mexico border, caging and mistreating children.Regarding family separation, reactionary forces are mobilizing to overturn the Indian Child Welfare Act, meant to keep Indigenous children with their families and nations, instead of adopted out by right-wing networks. This campaign is a deliberate effort to suppress Indigenous culture and undermine legal protection gained by Native communities.Shocking data from 71 cities tells of 506 murdered or missing Native women and girls; that is a vast undercount. There has been little follow-up or media coverage. Federal legislation on this is inching along only because of public pressure.Another problem facing Native people is the underfunded, inadequate and unreliable Indian Health Service, which leaves many Indigenous families with little to no medical care.Indigenous peoples lead resistance to corporate pollutersA militant struggle was waged to stop construction of the Dakota Access Pipeline in the Dakotas, designed to transport oil across several states at great risk. An oil spill would poison the precious water source relied on by millions of people and contaminate Native land and sacred sites.Led by the Standing Rock Sioux Nation, with other Native nations and joined by environmentalists and other supporters, water protectors heroically occupied the land, defying brutal state and private security repression. Hundreds of people were arrested and detained under inhumane conditions — including in cages.Some Native fighters were sentenced to federal prison terms. North Dakota arrested hundreds and prosecuted many. Currently, DAPL owner Energy Transfer Partners seeks to double its oil flow in North Dakota. The Standing Rock Sioux are fighting this expansion in court.Meanwhile, 9,120 barrels of oil spilled on Oct. 28 from the Keystone XL Pipeline — which carries tar sands oil from Alberta, Canada, to Texas — contaminating North Dakota wetlands. A KXL pipeline leak of 210,000 gallons of oil in South Dakota set off protests of thousands of people in 2017. Despite these disasters, TC Energy, KXL’s owner, plans to expand the pipeline, which Native groups and environmentalists are challenging.No surprise: Polluter in chief Donald Trump issued an executive order allowing KXL’s construction, regardless of environmental and health dangers, violation of Indigenous land rights or mass opposition.The greedy companies that profit from these pipelines have successfully pressured many states to prohibit anti-pipeline activism, denying the basic right to demonstrate. These pro-corporate laws designed to stifle the movement must be opposed!The racist Trump administration shows contempt for Indigenous peoples’ sovereignty, seizing their lands and trampling on their rights and culture: Big Oil’s friend in the White House ordered that Bears Ears, ancestral land for five Native nations in Utah, be opened up to corporate fracking, drilling and mining. Years of struggle won national monument status for Bears Ears; now these Native nations are fighting this land grab to regain oversight of their sacred site and protect it.Indigenous people in Hawai’i have been occupying Mauna Kea, the world’s the world’s tallest mountain when measured from sea bed to top, to prevent installation of the multimillion-dollar Thirty Meter Telescope. It is a sacred place, a conservation site and the watershed for the Big Island.A successful struggle is winning commemoration of Indigenous Peoples’ Day in cities and states around the country, as more people reject the Columbus myth and want to honor Native people, not a colonizer.On the 50th National Day of Mourning, Workers World extends our utmost solidarity to Indigenous peoples worldwide — and gives our wholehearted support to all the struggles against environmental racism and imperialist oppression and for the preservation of the planet and all forms of life on it.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Previous: ‘A Strong Shift In Housing Demand’ Next: Homeownership Gets a Boost from Young Americans 2018-07-26 Kristina Brewer Demand Propels Home Prices Upward 2 days ago in Daily Dose, Featured, Headlines, Print Features Print This Post Demetrius Gray is the CEO and Founder of WeatherCheck, the only company making premise-specific damage assessments and sending pre- and post-event weather alerts to trigger specific actions. Gray, a third-generation entrepreneur, started WeatherCheck after experience in the finance, roofing, and reconstruction industries helped him realize that key processes were ripe for authentic disruption. He recognized an opportunity to automate damage detection and speed claims processing and repairs after weather damage. About Author: Demetrius Gray The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Related Articles July 26, 2018 2,188 Views Editor’s note: This feature originally appeared in the July issue of DS News.The lender-placed insurance (LPI) market may be about to change radically. After six years of discussion, the National Association of Insurance Commissioners (NAIC) is expected to approve new model law guidelines this fall. Carriers may soon thereafter face new regulation. According to NAIC, lender-placed insurance is placed on a home by a bank or mortgage servicer when the homeowner does not maintain valid or sufficient insurance based on the terms of the mortgage agreement. If a homeowner’s insurance policy lapses and is not replaced, many mortgage agreements allow the lender to purchase insurance on the home and require the borrower to pay the premiums. Following the 2008 real estate market crash, consumer groups and regulators raised concerns over the often high premiums and limited coverage provided under lender-placed insurance, as well as the perceived lack of incentives for lenders to select the best policies for the borrowers. Following a 2012 NAIC public hearing on the subject, a Working Group was formed to draft a new model law to address these issues.The Scope of the ProblemThe industry’s movement to self-correct followed public, widespread difficulties in critical segments that brought to light shortcoming in LPI practices. In 2011, practices in New York led to multi-million dollar penalties against insurers and lenders and restitution for property owners. Regulators discovered cases of “reverse commission” wherein insurers providing the coverage had created incentives to push premiums higher, which allowed lenders and mortgage servicers to share in the profits from the higher rates, and far lower usage. And more recently, QBE and Assurant, which between them at one time dominated the market with 99.7 percent of policies written, reached a settlement with dozens of states regarding lender-placed property. A 2012 Government Accountability Office report highlighted a lack of comprehensive data at the state and national levels, limiting effective oversight of the LPI industry. For example, the report says, regulators lack reliable data that would allow them to evaluate the cost of LPI or the appropriateness of its use.The report also called out incomplete and missing data within NAIC-required state annual reports, calling on NAIC members to develop policies and procedures “sufficient for ensuring their reliability.” These criticisms are directly addressed in the new model guidelines. Industry officials explained in testimony before the Working Group that factors in the cost of LPI premium factors include: All risks taken, as LPI policies are written for portfolios, not individual propertiesAutomatic issuance commitment to servicer and investorFannie/Freddie Servicing Guides require “continuous coverage”Residential insurer of last resort in all states80-90 percent of LPI policies are properly placedResidual markets generally have underwriting restrictionsNearly 60 percent of exposure is in hurricane-prone statesA heavy percentage of properties are vacant, and there are no coverage restrictions if property vacantMany properties have poor loss history or in high physical risk areas and cannot be insured by standard or residual marketsIncreased risk makes LPI more expensive than standard coverageNational average is less than twice the prior standard premiumCommonly, lenders engage third parties to monitor insurance for the portfolio to leverage economies of scale and expertise, and to streamline the monitoring process in insurance matters. Typically, three or more notices are given to borrowers before LPI becomes an option: when a policy has been allowed to expire or be canceled; 30 days later; and 60 days after the second notice.Setting a Course CorrectionFlorida insurance commissioner David Altmaier is the chair of the Lender-Placed Insurance Model Act Working Group, formed from members of the NAIC’s Property and Casualty Insurance Committee. He is the lead writer for the new model law.The model draft states that its purpose is manifold: To promote the public welfare by regulating lender-placed insurance on real property; to create a legal framework within which lender-placed insurance on real property may be written in this state; to help maintain the separation between lenders/servicers, and insurers/insurance producers; to minimize the possibilities of unfair competitive practices in the sale, placement, solicitation, and negotiation of lender-placed insurance; to address the problems arising from reverse competition in lender-placed insurance markets; and ensure that the lender or servicer has no financial interest in the placement of lender-placed insurance other than the protection of the property serving as collateral for the loan.Its scope describes nearly all LPI policies. It defines when LPI may become effective, and when it should terminate. It prohibits:Issuance of lender-placed insurance on mortgaged property that is owned or serviced by the insurer or insurance producer or an affiliate of the insurer or insurance producer;compensation of a lender, insurer, investor or servicer (including through the payment of commissions) on lender-placed property insurance policies issued by the insurer; sharing of lender-placed insurance premium or risk with the lender, investor, or servicer that obtained the lender-placed insurance; offers contingent commissions, profit sharing, or other payments dependent on profitability or loss ratios to any person affiliated with a servicer or the insurer in connection with lender-placed insurance; free or below-cost outsourced services to lenders, investors, or servicers and will not outsource its own functions to lenders, insurance producers, investors, or servicers on an above-cost basis; and payments, including but not limited to the payment of expenses, to a lender, insurer, investor, or servicer for the purpose of securing lender-placed insurance business or related outsourced services.The new model law also restates how LPI insurance is placed and how policyholders are notified, calling for a copy of the individual policy, certificate of insurance, or other evidence of insurance coverage to be mailed first class mail or delivered in person to the last known address of the mortgagor. It called on carriers to report their actual loss ratio annually, earned premium, any aggregate schedule rating debit/credit to earned premium, itemized expenses, paid losses, loss reserves, case reserves and incurred but not reported losses.Except for lender-placed flood insurance, the new guidelines call for any insurer that experiences an annual loss ratio of less than 35 percent in any line of lender-placed property insurance for two consecutive years to submit a rate filing (either adjusting its rates or supporting their continuance) to the commissioner. The draft addresses most of the main points raised by consumer-advocate groups. To help curb rates, carriers issuing collateral protection policies on real estate would have to re-file relevant rates at least once every four years. To gather more data for further research, insurers would have to file the more extensive annual reports. Also, an insurer in the market with a loss ratio of less than 35 percent for two consecutive years would have to make a rate filing within 90 days of reporting the back-to-back years with under 35 percent loss ratios.The NAIC acts as a forum for the creation of model laws and regulations. Each state may or may not pass each NAIC model law or regulation. States may delete or modify certain sections if the substance of it already exists in state law. The NAIC comprises the insurance commissioners of each state, Washington D.C., and the five U.S. territories. On the whole, the models are widely, if irregularly, adopted.When asked why it has taken so long to develop the new model law guidelines, Altmaier has said: “This is a complex issue. State regulators have diverse approaches to addressing the issue.” The NAIC working group drafting the rule “wanted to take all viewpoints into account” in the deliberative process, he said.According to a published report, Altmaier went on to note that the investigations into Assurant and QBE took years to complete and the regulators wanted to incorporate what they learned. LPI fills a small but vital role in the mortgage servicing industry. It is not “forced” on the borrower, but comes into play when there is a lapse in part of the agreement between the borrower and the lender. It is always the coverage of last resort, affecting 1-2 percent of mortgage holders annually. As the expected roll-out date for the new guidelines nears, lenders and servicers should pay close attention to how the proposed LPI guidelines will impact their business. 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Newsx Adverts Man arrested on suspicion of drugs and criminal property offences in Derry Pinterest Gardai continue to investigate Kilmacrennan fire WhatsApp Previous articleOver 900 people diagnosed with cancer in Donegal last yearNext articleFamily of Garda killed in Donegal feel justice system let them down News Highland Gardai in Inishowen believe there may be a link between a robbery at a fashion store in Buncrana at quarter to four yesterday afternoon, and a similar incident in a chip shop in Muff on Monday night last.In both instances, three people entered the premises, tied the hands of the woman behind the counter with cable ties and made off with an amount of cash.In the Buncrana incident, the woman has told gardai she believes her attackers were foreign-nationals.Gardai are examining CCTV footage, and are urging anyone with information to come forward.Superintendent Kevin English told Highland Radio’s Shaun Doherty Show that the Buncrana incident yesterday was very similar to what happened in Muff. he’s been outlining how the Buncrana robbery unfolded:[podcast]http://www.highlandradio.com/wp-content/uploads/2012/03/keng1pm.mp3[/podcast] Main Evening News, Sport and Obituaries Tuesday May 25th Google+ Twitter Further drop in people receiving PUP in Donegal Pinterest Facebook Gardai probe possible link between Muff and Buncrana robberies WhatsApp Twitter Facebook 75 positive cases of Covid confirmed in North Google+ RELATED ARTICLESMORE FROM AUTHOR 365 additional cases of Covid-19 in Republic By News Highland – March 23, 2012
Top StoriesHC’s Power To Grant Interim Relief, Stay On Coercive Steps To Protect Personal Liberty Must Be Preserved Subject To Guidelines: Supreme Court Mehal Jain17 March 2021 7:48 AMShare This – x”When the Bombay High Court (in Arnab Goswami’s case) closed the door (in refusing to grant interim bail pending consideration of the plea for quashing of criminal proceedings), we opened it and we said that it cannot be shut completely. Although the power must be exercised sparingly, but the judicial discretion has to be there”, observed Justice D. Y. Chandrachud on Wednesday.The bench…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?Login”When the Bombay High Court (in Arnab Goswami’s case) closed the door (in refusing to grant interim bail pending consideration of the plea for quashing of criminal proceedings), we opened it and we said that it cannot be shut completely. Although the power must be exercised sparingly, but the judicial discretion has to be there”, observed Justice D. Y. Chandrachud on Wednesday.The bench of Justices Chandrachud, M. R. Shah and Sanjiv Khanna was considering the contours of the power of quashing under section 482, CrPC and the power to grant interim relief by way of bail/anticipatory bail, stay on coercive steps i.e. a stay on arrest and investigation.”But this judicial discretion has to be exercised with care, in a manner so as to not stultify the prosecution”, added Justice Chandrachud.”We know that the door cannot be closed completely. But to what extent it is to be opened is the question”, noted Justice Khanna on Wednesday.”Suppose, a person believes that no offence is made out? When a matter is before a court, the court has to examine it. It has to issue notice. Suppose, the court says that there will be no interim stay, then the person will move an anticipatory bail plea. Will it not result in conflicting judgements then? If the High Court has the power to grant interim bail or interim anticipatory bail, why it should not be exercised?”, asked Justice Khanna to Senior Advocate K.V. Vishwanath, for the petitioner-company.”In Arnab Goswami, it was noted that the bar is there on enlarging one on bail even under 226, if the court is not interfering on the plea for quashing. If the court feels that it is a matter which warrants interference, the bail can be granted”, advanced Mr. Vishwanath.”How should the court decide if it wishes to entertain it or dismiss it at the outset?”, asked Justice Khanna.”The moment an FIR is filed, it is immediately followed by a 482 petition. No time is given to the police to investigate the allegations in the FIR! There are situations and situations like this!”, pointed out Justice Shah.”In cases of physical violence, there is no problem. But the real problem arises in economic offences. There are civil offences which are made economic offences!”, reflected Justice Khanna.”Tomorrow, a closure report may come to be filed, stating that it is a civil case. Then, the de facto complainant has other remedies. But to say that no investigation at all can take place…?”, advanced Mr Vishwanath.”What should be the parameters? There is some doubt…”, asked Justice Khanna.”There is sufficient play in the joints. There is Bhajan Lal, Habeeb Jeelani, Arnab Goswami and Ravuri (judgment of Justices Chandrachud and Shah of March 9). Your Lordships have said that the power under 482 is to be exercised in the ‘rarest of the rare’ cases. This is a phrase which is used in connection with the award of the death penalty! This ‘rarest of rare’ phraseology was introduced because it is something which is to be knocked off at the threshold! Now, Your Lordships may say that this list of cases is not exhaustive”, replied Mr. Vishwanath.”Jeelani has been misunderstood. We looked at it very, very closely in Arnab Goswami”, commented Justice Chandrachud.In the Arnab Goswami decision, penned by Justice Chandrachud, the top court had noted that the Bombay High Court’s reliance on Jeelani was misplaced as the ruling in Jeelani arose in a situation where the High Court had declined to entertain a petition for quashing an FIR under Section 482 but nonetheless directed the investigating agency not to arrest the accused during the pendency of the investigation. “This was held to be impermissible by this Court. On the other hand, this Court clarified that the High Court if it thinks fit, having regard to the parameters for quashing and the self- restraint imposed by law, has the jurisdiction to quash the investigation ―and may pass appropriate interim orders as thought apposite in law. Clearly therefore, the High Court in the present case has misdirected itself in declining to enquire prima facie on a petition for quashing whether the parameters in the exercise of that jurisdiction have been duly established and if so whether a case for the grant of interim bail has been made out”, it was held in the Arnab Goswami case.As regards Ravuri, Justice Chandrachud explained, “What we found wrong was that the High Court said that there would be no arrest at all till the final report under section 173, CrPC is filed, even though the petition for quashing was dismissed”Continuing his submissions, Mr Vishwanath advanced, “Permitting the investigation will not result in miscarriage of justice. It is because the police started misusing the registration of FIR with arrest that FIR has become a stigma and that is why people started rushing to the court. Otherwise, Lalitha Kumari says that FIR registration is to protect the accused as much as it is to set the law in motion. A number of rights enure to the accused also on the lodging of the FIR– the statements recorded are hit by section 161, CrPC, there is Article 20(3) against self-incrimination…The other extreme is that the police does not register the FIR at all. If an offence is disclosed, they have to look into it!””Just like the courts must not interfere too readily, a hands-off approach also will not work. The power is there, and in a case warranting interference, it may be exercised. But where Your Lordships are not interfering at all, where you are not granting a stay, to grant bail might not seem correct. The power of interim relief is a part of the power to quash”, he submitted.”We have to balance between the rights of the accused and the investigation”, observed Justice Chandrachud.”Like you said, there is a difference between the registration of the FIR for investigation and arrest. The latter needs a stricter standard. Of course, Sections 438 and 439 (CrPC, anticipatory bail and bail) are there, but can it be said that in all cases, bail cannot be granted? In the Supreme Court, we may dismiss a plea but we grant liberty to take appropriate recourse. We also say that one day notice be given. It is our way of saying that a liberal approach be taken and that the application must be heard”, noted Justice Khanna.”We also say that if you surrender before the competent court within two weeks, you can apply for regular bail. We add that it will be considered expeditiously. Sometimes, we say that the Court may consider the bail on the same day also. There are some cases of a family dispute, where some family members have been roped in unnecessarily, so though we don’t exercise the power, we tell the Court to decide the petition on the same day”, added Justice Chandrachud.”Section 41(1)(a) (of the CrPC) says that the police officer ‘may’ arrest (a person believed to have committed a cognisable offence). The court has construed it to mean that the person need not necessarily be arrested. But whether there is to be arrest or not, unless it is an anticipatory bail plea, it is not a power which the High Court will normally exercise”, continued the judge.”Also, the person is not remedy-less even after 482 for quashing is dismissed. There is still 438″, noted Justice Shah.”Then, in all cases of 482, there will also be a 438. Virtually, we will end up in the same position”, said Justice Khanna.”(Under 482), the judge does not pass any order on the anticipatory bail application or the bail application. He just grants protection”, explained Justice Shah.”When the High Court entertains 482 for quashing, and it is of the opinion that a prima facie ground for quashing is made out, it may grant interim protection. We said so in Arnab Goswami that there is an exceptional power under 482 and 226. But it cannot be that without expressing any opinion, the High Court stays the investigation (as in the case at hand), even though anticipatory bail was sought one year ago and ad-interim anticipatory bail has come to be granted on several occasions by the lower court. A year later, they come to the High Court and it stays the arrest as well as the investigation”, noted Justice Chandrachud.”Stay of the investigation is very, very serious. It should not be granted unless there is something extraordinary”, added Justice Khanna. “Yes, only in the ‘rarest of the rare’ cases”, concurred Justice Shah.”In this case, there was a 438 application before the sessions court. The sessions court grants ad interim bail. Then, there was an adjournment after adjournment for one year. As this period of one year is to end, you move 482. Then, there is stay on any coercive steps. Coercive steps means arrest and investigation. If you resort to these stratagems, it hurts the investigation”, noted Justice Chandrachud.”Also, the number of 482 matters before High Courts is very great. Besides, 482 matters may come up for hearing after months or even years. The evidence may be destroyed in the meanwhile”, remarked Justice Shah. “In Allahabad and in Bombay, it takes several years”, agreed Justice Chandrachud.”We don’t want to deprive the High Court of the power. It is a valuable power for personal liberty. It must be preserved, subject to guidelines. The problem is the manner of misuse of criminal justice administration- by the accused, or by the complainant, or even within the political realm”, continued Justice Chandrachud.”Like a breach of contract does not necessarily presuppose a case of fraud, but there is invocation of section 420, IPC. This results in a misuse of power”, added Justice Khanna.”Unfortunately, this is the hard reality. In a lot of states, the civil justice administration is inadequate so everything is given a criminal colour. Even in cases of breach of injunction, there are criminal complaints. I used to tell lawyers in Allahabad, that there is Order 39 Rule 2A (of the CPC). The answer I got was that it is ineffective. So ultimately, the judiciary has to strike a balance”, said Justice Chandrachud.The bench had yesterday expressed concern regarding the rising trend among High Courts across the country to routinely grant interim relief by way of a stay on any coercive action pending a writ petition or a plea under section 482, CrPC for quashing of criminal proceedings. The bench was hearing an SLP arising out of a September, 2020 order of the Bombay High Court on a writ petition. While granting time for the filing of a reply affidavit with additional documents, the High Court had in the interim directed that no coercive measures be adopted against the present respondents (director of a real estate development company and his business partners) in respect of the FIR registered by the present petitioner (Neeharika Infrastructure Pvt Ltd) with the Economic Offences Wing for alleged offences under Sections 406, 420, 465, 468, 471 and 120B of the IPC. On October 12 last year, a bench headed by Justice Chandrachud had issued notice on the SLP, and granted an ad-interim stay on the aforesaid direction of the HC. The bench had recorded that three orders were passed by the Additional Sessions Judge, City Sessions Court, Mumbai on 15 October 2019 under Section 438 of the CrPC granting interim protection from arrest to the respondents. Moreover, the protection which was granted by the Sessions Court was extended from time to time and nearly a year thereafter, a writ petition was moved before the Bombay High Court in which a blanket order has been passed on 28 September 2020.Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
AudioHomepage BannerNews O’Domhnaill demands action to address Three network problems WhatsApp Twitter Loganair’s new Derry – Liverpool air service takes off from CODA Previous articleIrish Water denies Meenaleck/ Ranafast protest led to agreementNext articleClosure order served on Donegal creche News Highland Pinterest Google+ Important message for people attending LUH’s INR clinic FT Report: Derry City 2 St Pats 2 Google+ Facebook Arranmore progress and potential flagged as population grows Pinterest The Cathaoirleach of Donegal County Council says the Three network is down again in the wider Falcarragh area, and he’s calling for action to rectify the issue.Cllr Seamus O’Domhnaill says the network has issues on a regular basis and he wants a meeting with management to discuss the problems and what can be done to resolve them.Cllr O’Domhnaill also wants customers to be proactive……..Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2018/12/sodthree.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. RELATED ARTICLESMORE FROM AUTHOR WhatsApp By News Highland – December 10, 2018 News, Sport and Obituaries on Monday May 24th Twitter Facebook DL Debate – 24/05/21
Nissan staff help drive £235m boost at plantOn 30 Jan 2001 in Personnel Today Comments are closed. Employeeconsultation at car maker Nissan was vital to increasing the productivity ofthe Sunderland plant and contributed to securing the £235m deal to make the newMicra. Theinvestment at the plant will safeguard at least 1,300 jobs and create up to 500new positions over the next three years.Tosecure the investment, the plant focused on improving productivity in the plantand overcoming the economic disadvant- ages of manufacturing outside EUcountries not using the euro.Employeesin consultation with management, including senior HR figures, agreed to a new24-hour working system. This was instrumental in increasing volume from 330,000cars this year to 500,000 in future. Nissanconfirmed that the productivity of the workforce was a key factor in securingthe contract for the new Micra. Aswell as the productivity of the workforce, Nissan’s president Carlos Ghosncited the £40m government grant as an important influencing factor. “Thisis great news for the Sunderland workforce. One reason why Sunderland securedthe new Micra contract was the introduction of the 24-hour working shiftpattern,” said Mike Judge, former personnel director for Peugeot.TheSunderland operation will maintain a workforce of 5,000, making Nissan the UK’slargest car manufacturer. ByKaren Higginbottom Previous Article Next Article Related posts:No related photos.
Drug Lobby Plans Counter A Post-Election Ad War On Drug PricesBy SARAH KARLIN-SMITH for Politico Washington’s powerful drug lobby is gearing up to spend hundreds of millions of dollars on a post-election ad war pushing back against politicians from both parties who have savaged its members over drug prices.The massive campaign by the Pharmaceutical Research and Manufacturers of America — expected to start positive by highlighting drugs that save or prolong lives — will dwarf the $20 million that health insurers spent on the iconic “Harry and Louise” campaign credited with sinking Hillary Clinton’s health reform plan in the early 1990s.Targeting politicians is not part of the initial plan, but lobbyists say the organization is prepared to do so if members of Congress or the executive branch push agendas that are seen as detrimental to the industry.And that’s just one part of a larger effort by the K Street lobbying powerhouse to seize control of the public narrative over drug prices and to reassert its dominance in Washington after several years in which it has taken a public shellacking over prices, with even reliable political allies in Congress questioning its pricing strategies. Both Clinton and Donald Trump, for instance, are urging changes in the law that would allow the government to negotiate drug prices for Medicare beneficiaries.PhRMA wants to drive a broader discussion on health costs, emphasizing that other players must play a role in tamping down costs and offering to work with insurers and others to find solutions, senior company officials and lobbyists said.“The reality and the message and the playbook used for a number of years is over,” said Bill Pierce, senior director of the public affairs firm APCO Worldwide, which represents several drug companies, and a former HHS official under President George W. Bush.The industry can no longer defend high drug prices by pointing to the pricey research and development that goes into innovative medicines. “They have to move on,” he said.The perception among drug industry insiders is that the pharmaceutical lobby let its guard down six years ago after getting a lot of what it wanted in Obamacare — and keeping out what it didn’t. But in the last few years, it was blindsided by organized campaigns against high drug prices and growing public alarm about the cost of medicine. Public outrage has been stoked by the eye-popping costs of breakthrough drugs such as a new generation of hepatitis C cures, pharmaceutical companies’ attempts to merge with firms overseas to avoid U.S. taxes, and former pharmaceutical CEO Martin Shkreli’s decision to hike the price of a drug relied upon by AIDS patients by more than 5,000 percent.“The ground has shifted underneath the industry from where it was five years ago, certainly 10 years ago, but I even think in the last two years,” Pierce said.By DAN DIAMONDDrug companies are used to Democrats attacking prices, but Republicans are also starting to chide the industry for large hikes on old drugs and raising concerns about the financial burden that prescription drugs place on entitlement programs.Just last week, Sen. Chuck Grassley (R-Iowa) expressed concern that drug companies “might be exploiting” Medicare’s prescription drug benefit “to maximize their market share.” The program’s catastrophic coverage requires the government to pick up the tab for most patients’ drug costs after $4,850 per year — spending which has increased by 85 percent in three years.Those and other calls — including the demand by both presidential candidates that Medicare negotiate drug prices — have awakened a sleeping giant, which routinely spends more on lobbying than any other health care group and took in more than $200 million in member dues in 2014, compared to about $80 million for the American Hospital Association and about $41 million for America’s Health Insurance Plans.The group’s playbook for 2017 includes adding new members, raising dues and retooling a lobbying machine that insiders say atrophied since PhRMA achieved many of its top goals with Obamacare’s passage. Now it’s ready to shout its message not just inside the corridors of power but beyond the Beltway.PhRMA has already flexed its muscles this year, fighting back against the Obama administration’s proposal to lower payments for some high-cost drugs administered in doctor’s offices. The Hill blowback — which has come from some Democrats as well as Republicans — has demonstrated how difficult it will be for a future White House to enact drug pricing legislation, especially now that industry is getting a head start.PhRMA’s board this summer added Teva, the world’s largest generic company, to its ranks, along with Alexion Pharmaceuticals and Jazz Pharmaceuticals. It also elevated Horizon Pharma and AMAG Pharmaceuticals to full members and raised dues on all companies.“The combination of new voices and resources will also bolster our efforts to engage with all stakeholders and advocate for proactive policies that promote continued medical progress,” said PhRMA CEO Stephen Ubl.Industry insiders and lobbyists say the trade association is also looking to add more companies as members, including big-name players like Gilead — the maker of costly hepatitis C drugs that helped spur public backlash over prices — and Genentech. Representatives from the companies attended the July PhRMA board meeting, the two companies saidPhRMA’s dues are based on companies’ sales, so adding Gilead and Genentech would be a huge boost for the lobby group. Gilead took in more than $15 billion in the first half of the year, while Roche — Genentech’s parent company — had $19.5 billion in drug sales during this period.Officials would talk about the ad campaign only in broad terms, but the tone is expected to be positive, like the Washington-centric “Hope to Cures” effort which is currently airing. Those advertisements — featuring soothing music, cancer survivors and scientists — focus on the added years of life new drugs have provided to patients and convey patients’ optimism for a plethora of treatments still in development.The ads are also expected to convey messages similar to those in Pfizer’s new campaign, which chronicles a drug’s journey from concept to medicine cabinet. The group wants to highlight that it takes dozens of years, the overcoming of multiple setbacks and complex clinical trials — in other words, lots of money — to develop a drug.PhRMA is also meeting with political and industry insiders who will shape policy on drug prices. In July, the PhRMA board met with Clinton health policy adviser Chris Jennings, Anthem CEO Joe Swedish, Republican health economist Gail Wilensky and Steve Pearson of ICER, a research organization that analyzes the cost-effectiveness of drugs.PhRMA last month also met with Republican leaders in Congress, including Speaker Paul Ryan and Majority Leader Kevin McCarthy. A GOP lobbyist described the meeting with Ryan, which took place at an industry dinner, as the start of a conversation.By SARAH KARLIN-SMITHSome warn the new initiative as the potential to backfire.“Their actions will be judged, more than their words,” said Clinton health care adviser Jennings. “If they advertise in ways that they are denying the existence of a problem, or attacking people who are raising legitimate concerns on behalf of consumers and purchasers and businesses, and don’t engaging substantially on addressing the challenge, then they won’t be well received.”Jennings said Ubl, the PhRMA CEO, is “trying to send us a signal he wants to engage” on solutions for drug costs. But Jennings is worried that PhRMA’s growth will make the lobby even more powerful.“They are formidable under any scenario. They are formidable now,” Jennings said. “The idea that they are going to bring in more resources, borders on petrifying.”The challenge for PhRMA will be whether it can convince detractors the industry is not simply building up a bigger war chest to crush any policy proposal seen as undercutting its own agenda.“They talk a good game. … But when push comes to shove, they are not willing to budge on their public positions or their policy positions so it’s hard to give them any credit whatsoever,” said Topher Spiro, the vice president of health policy at the left-leaning think tank, Center for American Progress.Spiro pointed to industry’s strong opposition to Medicare’s recent proposal to pay less for the most expensive physician-administered drugs.“I think that this is all going to come to a head at some point over the next year or so,” he said, “so we’ll have to see if the drug industry wants to be seen as cooperative or as digging itself in.”Jennifer Haberkorn contributed to this report.Read more: http://www.politico.com/story/2016/08/drug-lobby-gears-up-for-massive-pr-campaign-226646#ixzz4GV5wr93uFollow us: @politico on Twitter | Politico on FacebookFacebookTwitterCopy LinkEmail
Mr. Mature America 2018 Bill Quain, shown with Erik Estrada during the show last year, turns over his crown to a successor in April. (Courtesy City of Ocean City) With the arrival of spring a little more than a month away, Ocean City is planning a full calendar of special events. Registration is now open for vendors, contestants and participants as the 2019 season kicks off.March 30 – Sports Memorabilia Show: Collectors from the region will showcase sports cards and memorabilia at the Ocean City Music Pier. Vendors interested in participating can get more information from Lauren Sopko at [email protected] 6-7 – OC Con Comic Book & Memorabilia Show: Ocean City’s tribute to comics and memorabilia returns to the Music Pier. Registration is open to artists, vendors, cosplayers and “superhero” runners and obstacle course racers. Visit www.ocnjcon.com for complete information.April 13 – Doo Dah Parade: “I Dream of Jeannie” star Barbara Eden will lead this year’s parade as grand marshal. Individuals, groups, businesses and any other comic entries are invited to participate in the parade by signing up at www.ocnj.us/Doo-Dah-Parade.April 13 – Mr. Mature America Pageant: The pageant is scheduled for 7 p.m. Saturday, April 13 on the Ocean City Music Pier. The event is the first and only pageant of its kind in the United States. The pageant includes competition in talent, judge’s interview, poise and appearance, and on-stage question. Registration is now open for any contestant 55 or older who would like to participate. Visit www.ocnj.us/mrmature for more information and to sign up as a contestant.Richard Thompson, a guitarist and songwriter, will perform at the Music Pier. (Courtesy City of Ocean City)Richard Thompson and Joan Osborne Join 2019 Concert SeriesRichard Thompson, a legendary guitarist and songwriter, will perform songs from a career of more than five decades in a newly announced concert June 25 at the Ocean City Music Pier. The concert also will feature opening act Joan Osborne. Tickets for the show are on sale now. For more information and ticket links, visit www.ocnj.us/SummerConcerts.The lineup for the rest of the Summer Concert Series at the Ocean City Music Pier is already taking shape. The series brings a wide variety of contemporary performers to the stage in Ocean City with most concerts on Monday nights. Tickets are on sale for the following:BUDDY GUY: Legendary blues guitarist and singer. Monday, June 24 – 7 p.m.HAPPY TOGETHER 2019: 10-Year Anniversary Tour starring The Turtles, Chuck Negron (formerly of Three Dog Night), Gary Puckett & The Union Gap, The Buckinghams, The Classics IV and The Cowsills. Sunday, June 30 – 7 p.m.BOZ SCAGGS: Out of The Blues Tour 2019. Monday, July 1 – 7 p.m.ALLMAN BETTS BAND: The sons of legendary Allman Brothers Band members Gregg Allman, Dickey Betts and Berry Oakley perform both new music and Allman Brothers Band classics. Monday, July 8 – 7 p.m.KILLER QUEEN: The Premier Tribute to Queen. Monday, July 15 – 7 p.m.LOU GRAMM WITH ASIA: The voice behind Foreigner performs the band’s classic hits. Opening act is Asia. Monday, Aug. 5 – 7 p.m.COMING UP IN FEBRUARYRetired Ocean City Public Relations Director Mark Soifer officially unlocks the ocean in May 2018. He will be at the Ocean City Library for a reading this month.MARK SOIFER POETRY READING (Feb. 20): Ocean City’s longtime public relations director – the mastermind behind events from Martin Z. Mollusk Day to the Miss Crustacean Pageant – will read poems from his 10th book of verse, “Pair of Dice Lost,” 7 p.m. Feb. 20 at the Ocean City Free Public Library (1735 Simpson Avenue). The book is illustrated by artist Jerome Lukas, who will attend the reading and demonstrate his talents. Admission is free.LIBRARY TO CELEBRATE BLACK HISTORY MONTHThe Ocean City Free Public Library will continue its series of events in celebration of Black History Month.“Learn About Infobase Research Databases” will teach about the library’s research tools, particularly as they relate to African-American history.This event is 9:30 a.m. to 11:30 a.m. Tuesday, Feb. 19. Call 609-399-2434, ext. 5222 to register. Story Hour (10:30 a.m. Feb. 15), Toddler Time (10:30 a.m. Feb. 25), Story Train (1:30 p.m. Feb. 25) and a free film screening of “Selma” (12 p.m. Feb. 26) are also part of the schedule.Brandon Burchell, of Northfield, had his Eagles guitar signed by Corey Clement last April at the sports memorabilia show at the Music Pier.