Share UK life insurers could be hit with tens of millions of pounds of costs if they are forced to comply with tough regulations on tax evasion being drafted by US authorities.Companies such as Aviva, Old Mutual and Prudential would be forced to report the tax details of their US account holders every year under proposals being drafted in Washington. The life insurance industry is anxious about the potential cost of overhauling information systems if it is caught up in the wave of red tape.The Association of British Insurers (ABI) yesterday went into battle to try to win the exemption of UK life firms from the rules. Peter Vipond, director of taxation at the ABI, said: “UK insurers represent no significant risk to US tax revenues and we are keen to avoid unnecessary and onerous costs on the industry that will ultimately be borne by all policyholders.”The trade body has written to the US Treasury and Internal Revenue Service. It will attend a series of meetings with policymakers over the coming weeks to point out that savings sold by UK life insurers are taxed by HM Revenue & Customs, and US residents make up just 0.1 per cent of UK life policyholders. whatsapp More From Our Partners Brave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.orgUK teen died on school trip after teachers allegedly refused her pleasnypost.comA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.comI blew off Adam Sandler 22 years ago — and it’s my biggest regretnypost.comPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgRussell Wilson, AOC among many voicing support for Naomi Osakacbsnews.comAstounding Fossil Discovery in California After Man Looks Closelygoodnewsnetwork.orgKiller drone ‘hunted down a human target’ without being told tonypost.comNative American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.org980-foot skyscraper sways in China, prompting panic and evacuationsnypost.comFeds seized 18 devices from Rudy Giuliani and his employees in April raidnypost.comInside Ashton Kutcher and Mila Kunis’ not-so-average farmhouse estatenypost.comBiden received funds from top Russia lobbyist before Nord Stream 2 giveawaynypost.com‘Neighbor from hell’ faces new charges after scaring off home buyersnypost.comSupermodel Anne Vyalitsyna claims income drop, pushes for child supportnypost.comFlorida woman allegedly crashes children’s birthday party, rapes teennypost.comMark Eaton, former NBA All-Star, dead at 64nypost.comSidney Crosby, Alex Ovechkin are graying and frayingnypost.com KCS-content whatsapp Wednesday 25 August 2010 9:00 pm ABI struggles to save UK insurers from US rules Show Comments ▼ by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeMoneyPailShe Was A Star, Now She Works In ScottsdaleMoneyPailUndoNoteabley25 Funny Notes Written By StrangersNoteableyUndoZen HeraldThe Truth About Why ’40s Actor John Wayne Didn’t Serve In WWII Has Come To LightZen HeraldUndoBetterBe20 Stunning Female AthletesBetterBeUndoautooverload.comDeclassified Vietnam War Photos The Public Wasn’t Meant To Seeautooverload.comUndoAtlantic MirrorA Kilimanjaro Discovery Has Proved This About The BibleAtlantic MirrorUndoTotal PastThe Ingenious Reason There Are No Mosquitoes At Disney WorldTotal PastUndoElite HeraldKate Middleton Dropped An Unexpected Baby BombshellElite HeraldUndoTrading BlvdThis Picture of Prince Harry & Father at The Same Age Will Shock YouTrading BlvdUndo Tags: NULL
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TAGS: MunsterOspreys In attack, when they do have the ball, they can often leave themselves isolated, fling out hopeful passes or again be slow at hitting the breakdown with numbers – all three situations leave them vulnerable to a turnover.A change in tactics and a more clinical mindset must be on the Ospreys’ wanted list if they are to challenge for silverware next season, especially when so many of their big-name players, their game-changers, are departing for pastures new. Happy home? Fans at the Liberty Stadium have been frustrated with the Ospreys’ form this seasonBy Sarah Mockford, Rugby World Features EditorTHE OSPREYS’ 22-20 defeat to Munster at the Liberty Stadium means it’s extremely unlikely the defending champions will qualify for the Magners League play-offs.They struggled in the first half against Munster but hit back in the second through the forwards, Alun Wyn Jones touching down from a driving lineout and a penalty try being awarded after a series of scrums five metres out. At 17-13 up, the momentum was with them but they couldn’t close the game out and allowed Ronan O’Gara to slot three late penalties. So why is it that a team with so many talented players is struggling for form?Leader of the pack: Alun Wyn Jones has stood out but hasn’t been able to stop the Ospreys’ slumpThe Ospreys have pointed to the fact that it’s hard to reintegrate so many Wales internationals after the Six Nations – yet Leinster and Munster don’t have that problem. Indeed, this time last year the Ospreys came together pretty well to produce an end-of-season flourish that saw them win the Magners League title. The excuse seems tired.Against Munster, and in some ways against the Dragons last week, they have been shooting themselves in the foot. To give away three simple, kickable penalties in the last ten minutes was naïve at best, stupid at worst. The last one was the most damning, several players creeping offside in their eagerness to charge down O’Gara’s drop-goal attempt and thus giving the fly-half a far more straightforward kick to win the game.A side of this much experience needs to be able to keep their heads and, when they have the upper hand in a game, they must ensure they kill it off – a trait Munster, ironically, are famed for. As it was they allowed the visitors to build some momentum of their own. After the penalty try was awarded, Dan Biggar became involved in a totally unnecessary war of words with Donncha O’Callaghan. All he needed to do was slot the conversion then get ready to attack Munster once more but instead he got hot-headed – surely that isn’t going to help his focus.Moving on: James Hook is leaving the Ospreys for PerpignanAs for the Ospreys game plan, they often overcomplicate things. There was one incident against Munster when they tried an intricate set of looped passes and switch moves, which came to nothing as they ran out of space. Why not run directly at the opposition and try to bust the line first? As it was, they barely made any inroads on the gain-line. As the mantra goes, you have to earn the right to go wide. Be direct, get go-forward, break the line and then when the space opens up try the fancy things.They also need to look after the ball better. They hardly commit any players to the breakdown in defence and while this means they are set as a defensive unit, it also allows the opposition to get quick ball and build momentum – and reduces the likelihood of a turnover. LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS
Residential complex Ciekurkrasti / AB3DSave this projectSaveResidential complex Ciekurkrasti / AB3D CopyAbout this officeAB3DOfficeFollowProductsWoodSteelConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousingHousingResidentialĀdažiLatviaPublished on March 19, 2015Cite: “Residential complex Ciekurkrasti / AB3D” 19 Mar 2015. ArchDaily. Accessed 11 Jun 2021.
Year: Contractor: Projects Building Physics:Syneff consultDomotica:BeNextClients:Rakhorst familyCity:CadzandCountry:The NetherlandsMore SpecsLess SpecsSave this picture!© Thomas MayerRecommended ProductsWoodEGGERLaminatesWindowsKalwall®Facades – Window ReplacementsWindowsSolarluxSliding Window – CeroWoodParklex International S.L.Wood cladding – FacadeText description provided by the architects. This project near the Dutch coast was built for a very special client who is an innovator in home atomization and well-known advocate for sustainable architecture. For the design of his holiday home he selected architecture cooperation Archi3o. Project architect Renz Pijnenborgh, being a pioneer in Biobased and healthy architecture, created the house to be a synergy of nature and technology.Save this picture!© Thomas MayerPrecision building with cross-laminated timberThe house composed of 3 wedge-shaped elements was for the most part prefabricated in a factory in Germany. The ‘building kit’ which was assembled at the site was machine milled directly from the design of the architects which was made in 3D BIM. This made it possible to build extremely accurate and actually take advantage of intelligent modelling and built ‘smart’. In only three days the basics of the house were assembled, including all cavities and holes needed for installations which were fully integrated. This was important since the wooden body of the house, walls, floors and roofs, are left in plain sight throughout the whole house.Save this picture!© Thomas MayerSave this picture!SectionsSustainable innovationBuilding an innovative fully self-sufficient and sustainable holiday home was the goal set by the client from the beginning. Setting an example was at least as important to him as the fact that he wanted to create a great getaway for his family. Besides the smart cross laminated structure, the house boasts a foundation of aerated concrete, a super insulated skin of hemp fibers, geothermal and mass heating, a 19 kilowatt solar roof providing enough energy for the house, the cars and some of the neighbors when the family is out, bio-based materials, natural ventilation and of course fully integrated state of the art home automation which has its own 48 volts’ network powered by the solar charged home batteries.Save this picture!© Thomas MayerProject gallerySee allShow less8 (New) Energy Efficient Materials Architects Should KnowArticlesSchool and Community Center “B³ Gadamerplatz” / Datscha ArchitektenSelected Projects Share House Duurzaamheid / Archi3o House Duurzaamheid / Archi3oSave this projectSaveHouse Duurzaamheid / Archi3oSave this picture!© Thomas Mayer+ 31Curated by Fernanda Castro Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/887393/house-duurzaamheid-archi3o Clipboard Architects: Archi3o Area Area of this architecture project Renz Pijnenborgh, Vincent Valentijn, Kim Verhoeven Manufacturers: Derix, Gutex, Ortner ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/887393/house-duurzaamheid-archi3o Clipboard ArchDaily Photographs: Thomas Mayer Manufacturers Brands with products used in this architecture project The Netherlands “COPY” Keetels Area: 210 m² Year Completion year of this architecture project Photographs CopyHouses•Cadzand, The Netherlands Fraanje aannemingsbedrijf Construction: CopyAbout this officeArchi3oOfficeFollowProductWood#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesCadzandThe NetherlandsPublished on January 21, 2018Cite: “House Duurzaamheid / Archi3o” 21 Jan 2018. ArchDaily. Accessed 11 Jun 2021.
Coronavirus: State measures must not allow surveillance of journalists and their sources On the left, blogger Leong Sze Hian and on the right, le Singapore Prime Minister Lee Hsien Loong (photo: Facebook; Lillian SUWANRUMPHA / AFP) RSF’s denounces Singapore’s disregard of press freedom ahead of its Universal Periodic Review May 17, 2019 – Updated on March 25, 2021 Singapore’s premier urged to drop lawsuit against blogger Reporters Without Borders (RSF) calls on Singaporean Prime Minister Lee Hsien Loong to withdraw the defamation suit that he brought six months ago against a blogger who simply shared an article referring to the prime minister on Facebook. —————————————————————————-Update, 25 March 2021A Singaporean court yesterday ordered the blogger Leong Sze Hian to pay Prime Minister Lee Hsien Loong 133,000 Singapore dollars (80,000 euros) in damages for defaming the prime minister by sharing a Malaysian website article about him on Facebook. Reporters Without Borders (RSF) condemns this unjustified decision, especially as Leong later removed his post with the shared link. RSF also urges the prime minister to stop suing all of his critics.—————————————————————————–For the blogger, Leong Sze Hian, this David and Goliath battle began when he received a court summons at his home on 19 November. It was based on a lawsuit that the prime minister had filed against Leong a week before for sharing an article from the Malaysian website TheCoverage.my on 6 November.The offending article suggested that Singapore’s prime minister could be implicated in the 1MDB money-laundering scandal in Malaysia that contributed to Malaysian Prime Minister Najib Razak’s fall.When Leong received the summons, he had already complied with an instruction from the Info-Communications Media Development Authority (IMDA) to take down the Facebook share. Nonetheless, a letter from the prime minister’s lawyers accused him of spreading “allegations” about their client that “impugn his character and integrity.”“We urge Prime Minister Lee Hsien Loong to immediately withdraw this utterly grotesque lawsuit,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “It is yet one more example of the insidiously chilling methods used by Singapore’s authorities to silence the few voices that still dare to speak out in the city-state. We salute Leong Sze Hian’s courage and offer him our full support.”Regardless of the lawsuit’s outcome, the judge in charge of the case has already ordered Leong to pay all the legal costs – 21,000 Singaporean dollars. A fund-raising campaign has been launched to support Leong during the long legal battle that awaits him. He has filed an appeal against the judge’s decision before the supreme court, but the court has said it will reach no decision before September.In another example of how Singapore’s journalists are harassed, 19 November was also that day that the police seized electronic devices from Terry Xu, the editor of the independent news website, The Online Citizen (TOC), as a result of a comment that a blogger had posted on the site. Criminal defamation charges were subsequently brought against both Xu and the blogger.Singapore’s independent journalists and bloggers also feel threatened by the anti-fake news bill that the Singaporean government submitted to the city-state’s parliament on 1 April. It would provide for disproportionate penalties, give the government’s members an almost entirely free hand to control online content, and pose a major obstacle to the freedom to inform both within and outside Singapore.Singapore is ranked 151st out of 180 countries in RSF’s 2019 World Press Freedom Index. October 2, 2020 Find out more Organisation RSF_en October 15, 2020 Find out more Singaporean website prosecuted over election coverage News to go further News Help by sharing this information News Receive email alerts April 10, 2020 Find out more SingaporeAsia – Pacific Condemning abusesOnline freedoms InternetFreedom of expression SingaporeAsia – Pacific Condemning abusesOnline freedoms InternetFreedom of expression News Follow the news on Singapore
Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. HerbeautyRobert Irwin Recreates His Father’s Iconic PhotosHerbeautyHerbeautyHerbeauty15 Countries Where Men Have Difficulties Finding A WifeHerbeautyHerbeautyHerbeautyHere Is What Scientists Say Will Happen When You Eat AvocadosHerbeautyHerbeautyHerbeauty9 Of The Best Family Friendly Dog BreedsHerbeautyHerbeautyHerbeauty10 Brutally Honest Reasons Why You’re Still SingleHerbeautyHerbeautyHerbeauty10 Easy Tips To Help You Reset Your Sleep ScheduleHerbeautyHerbeauty Make a comment EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Name (required) Mail (required) (not be published) Website 0 commentsShareShareTweetSharePin it First Heatwave Expected Next Week Top of the News Community News Government City Council Declares October 2015 Domestic Violence Awareness Month Published on Tuesday, October 20, 2015 | 11:02 am More Cool Stuff Community News Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Subscribe Business News The City Council declared October 2015 as Domestic Violence Awareness Month during its regularly scheduled meeting on Monday, Oct. 19, 2015. Mayor Terry Tornek presented a proclamation to City Attorney/City Prosecutor Michele Beal Bagneris, Chief Assistant City Prosecutor Will Rivera, Police Department staff and local domestic violence service provider Peace Over Violence to symbolize the City’s support for renewed efforts by the City Prosecutor to eliminate domestic violence and educate victims.Mayor Tornek commended the Prosecutor’s Office, Police Department and local service providers for taking on this matter. “The city reaffirms its dedication and commitment to ensuring that no one in the Pasadena community suffers the pain and hardship caused by domestic violence.“This is also an excellent time to thank and recognize those who work tirelessly every day to provide hope and healing to survivors and victims of domestic violence.”The City Prosecutor’s Office is ramping up its efforts to address a 10 percent year-over-year increase in domestic violence referrals from the Police Department.“The increase in referrals has prompted our office to immediately redouble our efforts to address this disturbing trend by distributing a resource guide and increasing our staffing to handle domestic violence cases,” said City Prosecutor Bagneris. “We will continue to work collaboratively with the Pasadena Police Department and local domestic violence service providers like Peace Over Violence to make sure that victims of domestic violence do not experience further harassment or abuse.”Chief Assistant City Prosecutor Will Rivera will work to ensure City prosecutors in the domestic violence courtroom at the Pasadena Courthouse advocate for tougher sentences on domestic violence cases, according to the City Prosecutor.People interested in receiving domestic violence resources can contact the City Attorney/City Prosecutor’s Office at (626) 744-4611 to request copies of the “Stopping Domestic Violence in Pasadena Through Prevention and Protection” brochure, which includes helpful tips and resources for those who experience or may encounter domestic violence.Stay connected to the City of Pasadena! Visit the City of Pasadena online at www.cityofpasadena.net; follow the city on Twitter @PasadenaGov, www.twitter.com/pasadenagov, and like the City on Facebook at www.facebook.com/cityofpasadena. Or call the Citizen Service Center, 8:00 a.m. to 5:00 p.m., Monday through Friday, at (626) 744-7311. faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Virtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPasadena Public WorksPasadena Water and PowerPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Your email address will not be published. Required fields are marked * Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena
ColumnsRe-Thinking Access To Justice In The Times Of Covid-19 Justice Anand Venkatesh22 April 2020 11:22 PMShare This – xThe preamble of the Constitution of India commences with a solemn pledge to secure, for the people of India, Justice : social, economic and political. This constitutional commitment permeates Article 39-A in Part IV, casting an obligation on the State to secure equal justice to all citizens. The economic status of a litigant is no exception to this overarching principle. The …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?LoginThe preamble of the Constitution of India commences with a solemn pledge to secure, for the people of India, Justice : social, economic and political. This constitutional commitment permeates Article 39-A in Part IV, casting an obligation on the State to secure equal justice to all citizens. The economic status of a litigant is no exception to this overarching principle. The Supreme Court has reiterated this position in a catena of decisions. I do not wish to burden this article with those judgments except to take notice of two important cases – Centre for Legal Research v. State of Kerala and M.H. Hosket v. State of Maharashtra which have laid down the ground rules. The fundamental question is : Are we anywhere near this constitutional goal? Without the slightest hesitation the only answer that will spontaneously spill out of anyone’s mouth will be a “No”. The Courts across the country are grappling with another pandemic- “Docket Explosion”. The litigant has only one life. Yet, his litigation lingers on through several lives and generations to see its end. The law’s delay is a violation of the principle of rule of law which is a fundamental principle of our constitutional order. As the Constitution Bench said in the Second Judges Case it “is essential to ensure speedy disposal of cases to ensure that the operation of the legal system promotes justice – directive principle fundamental in the principle of the Country which, it is the duty of the State of observe in all its actions; and to make meaningful the fundamental rights under Part III”. If a society denies justice through its institutions, expectations of human beings darken. Such depression may turn into dread. Dread may transform into despair. Such despair may evolve into explosive terrorism. In spite of such huge pendency of cases, the citizens of this country continue to repose faith in the judiciary and they doggedly approach the courts to redress their grievances. They look at the judiciary as the last hope and the litigants have accepted pendency of the cases as an existing evil and are prepared to wait for their turn. This article is not about the pendency of the cases across the country for there is much that has already been written and spoken about both nationally and internationally. The present attempt is to ponder, whether the have-nots and ordinary litigants are getting a fair deal from the institution in terms of disposal of their cases. Are the higher courts- the High Courts and the Supreme Court- catering more to the needs and expectations of the haves and not the have-nots? Is this system turning a Nelson’s eye to the cases pertaining to the poor and ordinary litigants? Does the ability of the litigant to loosen his purse strings to engage senior counsels have a direct bearing on his case being taken out of turn and disposed earlier by jumping the queue? Why is it that high profile cases involving people in power get priority over the cases of ordinary litigants? These are questions that intrigue many judges, lawyers and all those who share a genuine concern for the justice delivery system. We are living in an electronic era and data is already available in the public domain. Many litigants closely watch the pendency and disposal of cases and wonder why their cases are pending for long number of years while cases filed at a later point of time are being disposed earlier. They put this uncomfortable question to their counsel and are usually met with wishy washy responses. The counsel, on the other hand, very well knows that his answers do not convince his client. An unhealthy trend has therefore developed, wherein, the clients take a change of vakalat from one counsel and engage another counsel solely on the belief that such a course of action would serve the cause of expediting his case. This is a very unfortunate development where an impression has been created as if disposal of cases will depend upon the counsel who handles the case. This trend puts an additional burden on the new counsel to get the case listed by hook or by crook. On a careful observation, we will find that the nature of cases that are waiting to be disposed and which have been conveniently put in the back burner and have piled up over a period of time are the Civil Revision Petitions, the Appeal Suits, Second Appeals, Service cases of ordinary government servants or that of workmen. This pattern can also be observed in a volley of criminal cases which do not belong to the category of “high profile” matters, yet involve concerns of fundamental rights of the life and liberty of parties involved. The litigants in all these types of cases are the ordinary citizens or the have-nots and not multi-national corporations and well-heeled litigants. Their misery is compounded if their fight is against the State. The State and its instrumentalities have an irrepressible propensity to merrily keep filing appeals even in hopeless cases. Instead of deterring such misguided legal adventures with costs, the system remains neutral, and the State continues its quest up the ladder of litigation till they reach the Supreme Court. Purely as a matter of common experience, more than 90% of the litigants cannot ever think of going to the Supreme Court on account of the prohibitive nature of the costs involved. For the poor litigants, the High Court is the last bastion. This being the state of affairs, the Arbitration mechanism gained momentum through the ADR movement. The credibility of the process rested on two assumptions : that it would expedite the process of adjudication by cutting out institutional delays and the rigours of the procedural codes applicable in Courts, and secondly, that it would be a cheaper and efficient alternative to secure an adjudication of the dispute. Both of these assumptions have, unfortunately, been severely undermined. The real benefits of Arbitration have largely been experienced in high profile cases involving companies and establishments run by persons who can afford to spend money. The process of arbitration has not really reached the have-nots and in many cases, they get taken for a ride by certain organizations who have their own inhouse arbitrator- virtually a paid servant, who will deal with the dispute. Bias is writ large on the face of such farcical proceedings and the poor litigant who suffers an award stands very little chance to assail it on merits as the impregnable fortress of Section 34 of the A & C Act stares at him. The judicially malleable “pigeon holes” of Section 34 are such that even sparrows will find it hard to pass through! Ultimately, the poor litigant is left exploited. The benefits of arbitration has, unfortunately, not reached the poor and the ordinary litigant. In this scenario came COVID-19, laying siege to the country and bringing the entire world to a grinding halt with only necessities trudging on. This situation is going to continue for a while. However, the judiciary has started seriously planning and installing a system of E-filing, E-Courts, virtual hearing etc. as an imperative and inevitable need of the hour. Scientific development, it appears, is predestined to be made use of in hearing cases and the judiciary can neither stand by nor afford to keep its wheels static for an extended and uncertain period of time. The next question is “who can afford to adopting this new process immediately?” Obviously, it is the haves and not the have-nots. The number of advocates who are capable of handling these facilities are a miniscule minority. It is only the haves who can afford to approach the advocates who are fairly acquainted to handle the new system. What will happen to a poor litigant who comes from a remote village in some district? He can only afford to engage a local counsel who may be clueless about this system. How is this litigant going to approach a court? We must bear in mind that the majority of the litigants fall under this category. My concern is that the new system should not prove to be yet another pitfall in the litigative journey of these litigants who are already in a very disadvantageous position. It therefore, becomes the primary duty of the State, High Courts and the Supreme Court to device a scheme that makes the system inclusive and accessible even to an ordinary litigant belonging to the remotest village. Now that a paradigm shift is to take place in the whole litigation process which is rapidly moving towards virtual hearing through electronic means, every attempt should be made to disseminate information to all stake holders in the Districts enabling them to have a meaningful access to justice. This is the plain requirement of the law in the light of the Constitution Bench decision in Anita Kushwana v Pushap Sudan which recognized access to justice as a basic, inalienable human right. For all we know, a well thought out inclusive system of virtual hearings may make “justice at your fingertips” a reality. Towards this end, the Legal Services Authorities, at all levels, must also be sensitized about the process thereby enabling them to effectively aid and advise the affected parties about the options available to them. After all, in a vast majority of cases it is the doors of these authorities that the poor and the marginalized turn to for redress. As observed by the Supreme Court in Govinda Kutty Menon v C.D Shaji, free legal aid through these authorities are tools in the hands of the poor and the marginalized to secure access to justice. As Anatole France famously remarked “The law, in its majestic equality, forbids the rich as well as the poor to sleep und bridges, to beg in the streets, and to steal bread”. This is the essential tenet of the rule of law which is a basic feature of our Constitution. Its judicial manifestation is the Lady of Justice : a symbol that the ideal of justice is blind to wealth, power and other status. To the orthodox, some of these reflections may sound blasphemous. But as George Bernard Shaw once said “all truths begin in blasphemies.” Views Are Personal Only(Justice N. Anand Venkatesh is Judge at High Court of Judicature at Madras)  AIR 1986 SC 1322.  AIR 1978 SC 1548.  SCAORA v Union of India, (1993) 4 SCC 441  Ibid at paragraph 483  The Arbitration and Conciliation Act, 1996.  2016 8 SCC 509  (2012) 2 SCC 51 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
Right To Default Bail Is Enforceable Even If Charge Sheet/Report Seeking Extension Of Time Is Subsequently Filed: SC [Read Judgment]
Top StoriesRight To Default Bail Is Enforceable Even If Charge Sheet/Report Seeking Extension Of Time Is Subsequently Filed: SC [Read Judgment] Ashok Kini26 Oct 2020 7:17 AMShare This – xThe Supreme Court has observed that where the accused has already applied for default bail, the Prosecutor cannot defeat the enforcement of his indefeasible right by subsequently filing a final report, additional complaint or report seeking extension of time.The bench comprising Justices Uday Umesh Lalit, Mohan M. Shantanagoudar and Vineet Saran, while allowing an…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?LoginThe Supreme Court has observed that where the accused has already applied for default bail, the Prosecutor cannot defeat the enforcement of his indefeasible right by subsequently filing a final report, additional complaint or report seeking extension of time.The bench comprising Justices Uday Umesh Lalit, Mohan M. Shantanagoudar and Vineet Saran, while allowing an appeal against a Madras High Court judgment, summarized the legal position in this regard, as follows:Once the accused files an application for bail under the Proviso to Section 167(2) he is deemed to have ‘availed of’ or enforced his right to be released on default bail, accruing after expiry of the stipulated time limit for investigation. If the accused applies for bail under Section 167(2), CrPC read with Section 36A (4), NDPS Act upon expiry of 180 days or the extended period, as the case may be, the Court must release him on bail forthwith without any unnecessary delay after getting necessary information from the public prosecutor, as mentioned supra. Such prompt action will restrict the prosecution from frustrating the legislative mandate to release the accused on bail in case of default by the investigative agency.The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filing of the chargesheet or a report seeking extension of time by the prosecution before the Court; or filing of the chargesheet during the interregnum when challenge to the rejection of the bail application is pending before a higher Court.However, where the accused fails to apply for default bail when the right accrues to him, and subsequently a chargesheet, additional complaint or a report seeking extension of time is preferred before the Magistrate, the right to default bail would be extinguished. The Magistrate would be at liberty to take cognizance of the case or grant further time for completion of the investigation, as the case may be, though the accused may still be released on bail under other provisions of the CrPC. Notwithstanding the order of default bail passed by the Court, by virtue of Explanation I to Section 167(2), the actual release of the accused from custody is contingent on the directions passed by the competent Court granting bail. If the accused fails to furnish bail and/or comply with the terms and conditions of the bail order within the time stipulated by the Court, his continued detention in custody is valid. In this case, the High Court had dismissed the default bail application observing that merely because the said application was not disposed of by the time the additional complaint was filed, the accused could not take advantage of the fact that he had filed his bail petition prior in time. In appeal, the Apex Court considered the following issues: (a) Whether the indefeasible right accruing to the appellant under Section 167(2), CrPC gets extinguished by subsequent filing of an additional complaint by the investigating agency; (b) Whether the Court should take into consideration the time of filing of the application for bail, based on default of the investigating agency or the time of disposal of the application for bail while answering (a).The Court noted that both these issues have been answered in the judgment Uday Mohanlal Acharya v. State of Maharashtra, (2001) 5 SCC 453. It said that Section 167(2) is integrally linked to the constitutional commitment under Article 21 promising protection of life and personal liberty against unlawful and arbitrary detention, and must be interpreted in a manner which serves this purpose.”With respect to the CrPC particularly, the Statement of Objects and Reasons (supra) is an important aid of construction. Section 167(2) has to be interpreted keeping in mind the threefold objectives expressed by the legislature namely ensuring a fair trial, expeditious investigation and trial, and setting down a rationalized procedure that protects the interests of indigent sections of society. These objects are nothing but subsets of the overarching fundamental right guaranteed under Article 21.”The Court noted that the Constitution Bench in Sanjay Dutt v. State through C.B.I., (1994) 5 SCC 410, has held that the indefeasible right accruing to the accused [to a default bail] is enforceable only prior to the filing of the challan and it does not survive or remain enforceable on the challan being filed, if already not availed of. The bench then discussed the meaning of ” if not already availed of ” in Sanjay Dutt judgment. The state relied on the judgment in Pragyna Singh Thakur v. State of Maharashtra, (2011) 10 SCC 445, wherein it was held, in reliance upon Sanjay Dutt (supra), that where an application for bail is filed on the ground of nonfiling of the chargesheet within the prescribed period, the said right to bail would be extinguished if the prosecution subsequently files a chargesheet before consideration of the application and the release of the accused.”We find that the opinion expressed in Pragyna Singh Thakur that the right to bail can be considered only on merits once the chargesheet is filed, is based on an erroneous interpretation of the conclusions of the Constitution Bench in Sanjay Dutt. As mentioned supra, the expression “if not already availed of” used in the Constitution Bench decision has been misinterpreted by the Courts, including the twoJudge Bench in Pragyna Singh Thakur, to mean that the accused can only avail of the right to default bail if he is actually released prior to the filing of the chargesheet. However, this Court in Uday Mohanlal Acharya (supra) has correctly understood and analysed the principles stated in the case of Sanjay Dutt before coming to its conclusion as stated above. We are of the firm opinion that the view taken in Uday Mohanlal Acharya is a binding precedent. It has been followed by a subsequent three Judge Bench in Sayed Mohd. Ahmad Kazmi (supra). Hence, the opinion rendered by the twoJ udge Bench in paragraphs 54 and 58 of Pragyna Singh Thakur, to the effect that “even if an application for bail is filed on the ground that chargesheet was not filed within 90 days, but before consideration of the same and before being released on bail, the said right to be released on bail would be lost” or “can only be on merits”, must be held per incuriam.”Public Prosecutors cannot be permitted to misuse the limited notice for ‘buying extra time'”The observations made in Hitendra Vishnu Thakur (supra) and Sanjay Dutt (supra) to the effect that the application for default bail and any application for extension of time made by the Public Prosecutor must be considered together are, in our opinion, only applicable in situations where the Public Prosecutor files a report seeking extension of time prior to the filing of the application for default bail by the accused. In such a situation, notwithstanding the fact that the period for completion of investigation has expired, both applications would have to be considered together. However, where the accused has already applied for default bail, the Prosecutor cannot defeat the enforcement of his indefeasible right by subsequently filing a final report, additional complaint or report seeking extension of time.”It must also be added and it is well settled that issuance of notice to the State on the application for default bail filed under the Proviso to Section 167(2) is only so that the Public Prosecutor can satisfy the Court that the prosecution has already obtained an order of extension of time from the Court; or that the challan has been filed in the designated Court before the expiry of the prescribed period; or that the prescribed period has actually not expired. The prosecution can accordingly urge the Court to refuse granting bail on the alleged ground of default. Such issuance of notice would avoid the possibility of the accused obtaining default bail by deliberate or inadvertent suppression of certain facts and also guard against multiplicity of proceedings. However, Public Prosecutors cannot be permitted to misuse the limited notice issued to them by the Court on bail applications filed under Section 167(2) by dragging on proceedings and filing subsequent applications/reports for the purpose of ‘buying extra time’ and facilitating filling up of lacunae in the investigation by the investigating agency.Filing additional complaints merely to circumvent the application for default bail is an improper strategyIn facts of the case, the court noted that the accused had filed application for default bail on the 181st day of his arrest and it was only after it an additional complaint came to be lodged. Therefore, the bench said that the accused was entitled to be released on bail notwithstanding the subsequent filing of an additional complaint. While setting aside the High Court order, the bench observed:”It is clear that in the case on hand, the State/the investigating agency has, in order to defeat the indefeasible right of the accused to be released on bail, filed an additional complaint before the concerned court subsequent to the conclusion of the arguments of the Appellant on the bail application. If such a practice is allowed, the right under Section 167(2) would be rendered nugatory as the investigating officers could drag their heels till the time the accused exercises his right and conveniently files an additional complaint including the name of the accused as soon as the application for bail is taken up for disposal. Such complaint may be on flimsy grounds or motivated merely to keep the accused detained in custody, though we refrain from commenting on the merits of the additional complaint in the present case. Irrespective of the seriousness of the offence and the reliability of the evidence available, filing additional complaints merely to circumvent the application for default bail is, in our view, an improper strategy.”Case: M. Ravindran vs. The Intelligence Officer, CRIMINAL APPEAL NO. 699 OF 2020Coram: Justices Uday Umesh Lalit, Mohan M. Shantanagoudar and Vineet SaranCounsel: Adv Arunima Singh, ASG Aman LekhiClick here to Read/Download JudgmentRead JudgmentNext Story
After a late-night out in 2013, then-SUNY Binghamton undergrad and founder of Chick-N-Bap Sung Kim was craving a taste of home — the chicken and rice plates found on countless NYC street corners, made famous by The Halal Guys. He improvised his own take on the classic in his tiny kitchen and impressed his friends so much that he eventually pitched the concept to the university dining marketplace when he graduated in 2014. “What started out as a drunk idea when I was a senior is now operating in two university campuses (SUNY Binghamton and SUNY New Paltz),” Kim said, “and we are thrilled to say that we will be launching at Ithaca College this fall!” Tagged: comfort food, dining, ithaca college, Korean food, street food Diners can look forward to traditional chicken and gyro combination platters served on yellow, brown or basmati rice, as a “baprrito”, or as a lettuce bowl. But what makes Chick-N-Bap unique is the addition of Korean heritage flavors: Korean BBQ chicken marinated in soy sauce, ginger, garlic and onion, and spicy Korean chicken, with gochujang, sesame seed oil and garlic, and the vegetarian/vegan option of Korean hummus. ITHACA, NY — With the start of the fall semester, Ithaca College will debut a new dining option: Chick-N-Bap, a street-casual concept that sells Korean-inspired New York City street food. You can actually get your chicken and rice fix before Ithaca College classes officially start. Chick-N-Bap will have a soft-opening through Aug. 27 in the food court at IC Square and will have their grand opening with a ribbon-cutting at 1 p.m. Aug. 28. Jennifer Wholey Jennifer Wholey is a feature writer and Head of Dining Partnerships for the Ithaca Voice. Contact her at [email protected] More by Jennifer Wholey To round out the plate, Chick-N-Bap offers white sauce, a house secret, and BBQ sauce, along with a choice of three levels of hot sauce (Kim’s favorite is the green, made with cilantro, jalapenos and garlic). Depending on ingredients and extras, a typical plate will run $7.50 – $8. Chick-N-Bap’s menu is a fusion of what Kim liked to eat at home, and what he ate when he hung out with friends in the city. Chick-N-Bap accepts Bomber Bucks, cash and credit cards, and is open at the following hours: 11 a.m. to 7 p.m. Monday through Thursday, 11 a.m. to 5:30 p.m. Friday; and noon to 7 p.m. Saturday and Sunday in IC Square in Campus Center. “I’m an Asian American immigrant who always felt like he was living a double life, especially when I was eating Korean food at home while I was eating cheap street food when I was out. I wanted to combine both of my “homes” into a single concept,” Kim said. “The reason why I started it as a student was I hated how expensive the food is at college, I’d run out of meal plan dollars at the end of a semester,” Kim said, so it was important that all of the sauces and regular toppings (tomatoes, onions, lettuce, cucumber and bap-corn, made with cilantro lime and mayo) are all included.