first_imgTuesday 22 March 2011 9:35 pm Show Comments ▼ KCS-content whatsapp Sharecenter_img whatsapp FINANCIAL TIMESHSBC PROPOSES PAY SHAKE-UPHSBC is sounding out its shareholders on a proposed shake-up of its executive pay plans, which could see its top bankers unable to sell their stock until retirement. Driven by John Thornton, chairman of the bank’s remuneration committee and a former Goldman Sachs executive, the plans would see top management assessed on a wider range of performance metrics, with an emphasis on the longer term. The changes, which also include a cut in the maximum amounts awarded, would see potential remuneration for Stuart Gulliver, the bank’s new chief executive, capped at £12.5m, compared with £15m currently.ITALY OUT TO CURB FOREIGN TAKEOVERSItaly’s cabinet will today hold talks about adopting a French-style approach to thwarting unwanted foreign takeovers in sectors deemed strategically important such as energy, telecoms, technology, defence and food. The move comes amid a populist backlash against French buy-outs of Italian companies after jeweller Bulgari, energy group Edison and food group Parmalat were wholly or partially taken over by French companies.JCB TO EXPAND CAPACITY IN BRAZIL AND INDIABooming demand for earthmovers and excavators in emerging markets helped JCB raise revenues nearly 50 per cent last year and has prompted plans for an expansion of manufacturing capacity in Brazil and India.BAIDU LOOKS AT MOBILE SOFTWAREBaidu plans to develop a light operating system for mobile devices, its chief executive has indicated, a strategy with which the Chinese internet search company would follow Google.THE TIMESBBC COULD CLOSE TV CHANNEL AT NIGHT IN EFFORT TO MAKE 20PC CUTS The BBC is considering swingeing cuts to late-night programming on BBC One or BBC Two, which could lead to one of the channels going off air overnight, the corporation’s Director-General warned yesterday.Mark Thompson said that television programmes aired between 10.35pm and 6am, when many potential viewers are asleep, cost the broadcaster more than £150m a year to produce.£17,800 PAYOUTS FOR KEYDATA SCANDAL VICTIMSNorwich & Peterborough Building Society crashed into the red yesterday after promising to pay £57m to victims of the Keydata scandal. The society said that it would compensate 3,200 of its customers persuaded to invest in bonds in Keydata Investment Services, which collapsed.The Daily TelegraphWIKILEAKS: QATAR ASKED SHELL AND EXXONMOBIL FOR DONATIONSQatar wrote to major international oil companies, including Royal Dutch Shell and ExxonMobil, to demand up to $1.7bn (£1bn) in donations for a medical centre, according to leaked diplomatic cables. According to the Wikileaks documents, letters signed by Abdullah al-Attiyah, the deputy prime minister, told Shell and ExxonMobil how much they were expected to donate. CROWN CURRENCY INVESTIGATORS RAID FRENCH PROPERTIES AND MAKE NEW ARRESTPolice investigating the collapse of currency exchange group Crown Currency have raided properties in France connected to its founder Peter Benstead. Crown Currency went into administration last year owing £16m to thousands of customers.THE WALL STREET JOURNALGOODYEAR TO GENERATE $1.6 BILLION OPERATING INCOMEGoodyear Tire & Rubber Co. expects its world-wide business units to generate a record operating profit in 2013 even as the Akron, Ohio, tire maker invests billions in its production plants and adds to pension reserves. Goodyear’s business units will achieve an operating income of $1.6bn in 2013 with about $450m coming from its core North America operations, the company said yesterday. DOLCE & GABBANA EXPANDING IN CHINAItalian fashion brand Dolce & Gabbana unveiled plans for 15 new stores across China in an effort to boost business in the world’s fastest-growing luxury-goods market. The company currently operates 26 stores in China, including Hong Kong. WHAT THE OTHER PAPERS SAY THIS MORNING Tags: NULLlast_img read more

first_img Priest Associate or Director of Adult Ministries Greenville, SC The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Assistant/Associate Rector Morristown, NJ Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Rector Belleville, IL In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Posted Nov 8, 2016 Comments (4) Archbishop of Canterbury, Rector Albany, NY An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Featured Events People Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Rev. David Justin Lynch says: November 13, 2016 at 8:20 pm A woman’s place is at the altar, period. This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Cathedral Dean Boise, ID Submit an Event Listing Rector Knoxville, TN Isabelle Hamley named as Archbishop of Canterbury’s new chaplain Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET [Lambeth Palace press release] The Rev. Isabelle Hamley has been named as the new chaplain to Archbishop of Canterbury Justin Welby. As well as her duties as chaplain she will have responsibility for developing the archbishop’s priority of prayer and the renewal of religious life, especially through the Community of St. Anselm. Currently tutor in biblical studies at St. John’s College, Nottingham, and associate priest in the parish of Edwalton, Hamley will take up her new role in January.“I am delighted to welcome Isabelle to the team at Lambeth,” said Welby. “The chaplain is a central part of life here, supporting the archbishop and the family, maintaining the rhythms of worship and prayer and providing pastoral support for the community who live and work here.”“Isabelle comes to us highly commended by her diocese where she has served in several ministry roles, lay and ordained, in university, college and parish. She brings a pastoral heart, a spiritual richness and a rigorous theological understanding to what is a demanding role. We look forward to welcoming her, husband Paul and daughter Aelwen to London and life at Lambeth.”In responding to her appointment, Hamley said: “I am delighted with the opportunity to join the Lambeth team in supporting the work of the archbishop. It is a privilege to join such a rich and diverse working environment, bringing my experience in parish, chaplaincy and theological education. I look forward to getting to know all those who work and live at Lambeth and enabling prayer to be the beating heart of our life together.”Originally from France, Hamley has studied and ministered in the U.K. for the last 20 years. She recently became a British citizen where one of the questions in the process was, “Who is the Archbishop of Canterbury and where does he live?”Hamley is in the final stages of a Ph.D. in biblical studies, (Relational identity, Otherness and Victimisation: An Irigarayan Reading of Judges 19-21), having degrees in both English Studies and in Community Justice, a research masters in postcolonial literature and an M.A. in Ministry and Mission.Her appointment comes following an extensive selection process which attracted candidates from diverse backgrounds across the Church of England. The appointment committee was itself diverse, and recommended two names, in order of priority, to the archbishop. Submit a Job Listing Rector (FT or PT) Indian River, MI Rector Pittsburgh, PA Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Curate Diocese of Nebraska Rector/Priest in Charge (PT) Lisbon, ME llola Maoris says: Rector Shreveport, LA Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Associate Rector for Family Ministries Anchorage, AK The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Rector Bath, NC Rector Washington, DC November 13, 2016 at 8:19 pm For any church to call itself “the one true church” is arrogant indeed! Rector Hopkinsville, KY Director of Music Morristown, NJ Anglican Communion, Martha Richards says: Tags Youth Minister Lorton, VA Associate Rector Columbus, GA Bishop Diocesan Springfield, IL New Berrigan Book With Episcopal Roots Cascade Books Press Release Service November 8, 2016 at 5:34 pm Disgusting! Moving to the RC Church where the distinction about who can be a Deacon, Preist, and Bishop. It is well defined and follows Biblical teachings. No wonder TEC and others have been shunned! It is no wonder The Episcopal Church in the US is losing so many parishioners and the churches are being closed and sold. A sad end to what could have been a real church and not just people who wanted to dress in Liturgical Vestments and ignore the real teachings of the one true church. Priest-in-Charge Lebanon, OH Director of Administration & Finance Atlanta, GA Canon for Family Ministry Jackson, MS Featured Jobs & Calls Rector Tampa, FL Associate Priest for Pastoral Care New York, NY Comments are closed. Rector Martinsville, VA Rector Collierville, TN November 8, 2016 at 6:58 pm Seems there are people who still think women belong in the kitchen, scrubbing floors on their hands and knees and being subservient to men. The world has changed – thankfully – I think having a woman chaplain to the Archbishop of Canterbury is a wonderful thing. May God bless them both. Rector Smithfield, NC Missioner for Disaster Resilience Sacramento, CA Assistant/Associate Priest Scottsdale, AZ Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Submit a Press Release Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Curate (Associate & Priest-in-Charge) Traverse City, MI Family Ministry Coordinator Baton Rouge, LA Course Director Jerusalem, Israel Assistant/Associate Rector Washington, DC Rev. David Justin Lynch says: Rector and Chaplain Eugene, OR last_img read more

first_imgLondon – Hundreds of people from across Britain gathered here in Trafalgar Square to hold a rally against police brutality on Oct. 29. For the last 18 years, the United Families and Friends Campaign has held a march from Trafalgar Square to Downing Street. Those attending told Workers World that this year’s rally has been the largest so far.Compared to the United States, the numbers in the U.K. seem low. More than 880 people have been killed by the police in the U.S. in 2016. Meanwhile, 34 have been killed in Britain, where police do not carry guns. Most people die here while in police custody after being beaten or having their medical needs neglected.This discrepancy in numbers does not mean that victims here have been any more successful than those in the U.S. in achieving justice. Since 1990, 1,577 people in total have died in police custody. That has led to zero convictions of police.The Independent Police Complaints Commission is supposed to investigate and prosecute these killings. The problem is that eight out of nine IPCC senior investigators are former cops.Many of the people who die in police custody here have mental health problems and are particularly vulnerable.Justice for ‘Paps’ Saqib Deshmukh, from Slough (a town 21 miles west of London), was at the rally on behalf of the Justice for Habib “Paps” Ullah Campaign to highlight the struggles that South Asian (Indian, Pakistani and Bengali) people have to wage in Britain. Paps died in 2008 after being stopped by police and experiencing what police called “trouble breathing.” He was survived by a wife and three small children.Deshmukh said that the struggle against police brutality is a multinational struggle. “Until we get cops who are sacked, who are imprisoned … that will be the only deterrent to other police officers. Otherwise, they’ll continue to act with impunity, thinking they’ll actually get away with it.“I’ve been in court,” Deshmukh continued, “and I’ve seen massive legal teams representing these officers. The officers walk in there smugly, knowing that nothing could stick on them. They’ve got the best legal minds in the world, in this country, that are representing them. That’s such, you know, that’s what gets families angry.” Families meanwhile struggle to receive legal aid to prosecute the killer cops responsible.“Justice looks like police officers being imprisoned for what they’re doing, which is murder — but also not just murder. We’ve got police officers who’ve lied in court,” said Deshmukh. “In Paps’ case, they committed perjury. Anyone else would have been sent down [been imprisoned] for that. Officers have to go down for that.”Kuchenga Shenge, a Black trans woman from North London and child of Pan-African activists, told Workers World that she sees herself as part of a larger international community without borders. “I think the Black population of America [the U.S.] should see themselves as part of a diaspora. We really do stand with them. We love Harlem. We love Oakland. We really listen. We really give a fuck about you guys! We just really want them to care about us as well.“At the end of the day, in Paris, in Dakar, in Johannesburg — we’re having a conversation. Sometimes it feels a bit one-sided, but we’re open and we love you. We’re waiting for them to recognize us, their diasporic cousins.”Shenge says she reads and watches a lot of material from the United States online, including material from the Sylvia Rivera Law Project, and hopes that the internet will open up more dialogue between borders.Deshmukh stressed the importance of remembering those who have lost their lives at the hands of the police. “People have to know these names. Sometimes we look at what’s happening over in America [the U.S.] stateside, and we know those campaigns. We know their names. We may not know the names of Darrell Neville here, of Paps, and Sean Rigg, and all these other names. There’s new families who come here each year. We need to know all their names. The media need to know all their names. And the police and authorities need to be held accountable for their deaths.”As the movement to remember the names of those killed by police grows, so too have their names echoed louder in the halls of power, while the working class and oppressed advance on centers of oppression worldwide.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

first_img Bipartisan Senate Letter Urges EPA to Reflect Congress’ Goals for RFS Corn ZCN21 (JUL 21) 684.50 -14.50 By Gary Truitt – Apr 23, 2015 Brian JenningsBiofuel supporters in the Senate today have sent a letter to EPA Administrator Gina McCarthy urging the agency to, “Take this opportunity to reverse course from the 2014 proposed rule and craft targets for domestic biofuels that reflect Congress’ intended goals for the RFS.”ACE Executive Vice President Brian Jennings issued the following statement on the letter. “Convincing Senators to sign the RFS to Administrator McCarthy was a key part of our grassroots fly-in last month so we’re glad ACE members could play such an instrumental role in securing so many signatures,” said ACE Executive Vice President Brian Jennings.  “We are also grateful for the strong bipartisan support conveyed by Senators that EPA must get the RFS back on track for implementation by reversing course from their ill-advised proposal which would have limited renewable fuel use at ten percent of gasoline consumption.”The letter can be read here. Facebook Twitter SHARE SHARE Facebook Twitter Live Cattle LEM21 (JUN 21) 118.70 1.13 Wheat ZWN21 (JUL 21) 680.75 -3.00 All quotes are delayed snapshots Minor Changes in June WASDE Report Lean Hogs HEM21 (JUN 21) 122.68 0.22 Soybean ZSN21 (JUL 21) 1508.50 -35.50 Battle Resistance With the Soy Checkoff ‘Take Action’ Program Name Sym Last Change Home Indiana Agriculture News Bipartisan Senate Letter Urges EPA to Reflect Congress’ Goals for RFS How Indiana Crops are Faring Versus Other States Feeder Cattle GFQ21 (AUG 21) 151.18 2.78 Previous articlePioneer Crop Update 4/24/15Next articleIndiana Corn Farmers Help Bring Consumer Choice with Rensselaer Ethanol Pump Gary Truitt RELATED ARTICLESMORE FROM AUTHOR STAY CONNECTED5,545FansLike3,961FollowersFollow187SubscribersSubscribelast_img read more

first_img News June 7, 2021 Find out more MontenegroEurope – Central Asia Protecting journalists Organized crimeJudicial harassment Montenegro : RSF and other leading press freedom organisations condemn the continued judicial persecution of Jovo Martinović Organisation MontenegroEurope – Central Asia Protecting journalists Organized crimeJudicial harassment to go further News News RSF_en Forum on Information and Democracy 250 recommendations on how to stop “infodemics” Help by sharing this information January 18, 2017 RSF urges Montenegrin court to drop charges against reporter Follow the news on Montenegro Jovo Martinovic / DR March 30, 2021 Find out more Respect judicial independence in cases of two leading journalists in Serbia and Montenegro, RSF says Reporters Without Borders (RSF) calls on the Montenegrin authorities to abandon the proceedings against Jovo Martinovic, an investigative reporter whose trial on a charge of supporting a drug trafficking ring will continue tomorrow in the capital, Podgorica.A specialist in covering organized crime for such leading international media as The Economist, Financial Times and the CAPA press agency, Martinovic is facing a possible 10-year jail sentence. Held for 15 months, he was finally freed provisionally the day after the third hearing in trial, held on 4 January. Martinovic was arrested on 22 October 2015 along with 17 suspected members of a drug trafficking network known as the “Pink Panthers.” He has insisted on his innocence ever since his arrest, claiming that his only links with organized crime were those of a reporter.“The main defendant in this drug trafficking trial, a former Pink Panthers member, pleaded guilty on the first day and told the judge that Jovo Martinovic was innocent,” said Pauline Adès-Mével, the head of RSF’s European Union-Balkans desk. “We urge the court to now drop all charges against this journalist and to end the proceeding against him.”Montenegro is ranked 106th out of 180 countries in RSF’s 2016 World Press Freedom Index. News Receive email alerts November 11, 2020 Find out morelast_img read more

first_img Call for Iranian New Year pardons for Iran’s 21 imprisoned journalists In a short phone call to her mother a few days ago, Shahidi said she was not eating anything at all and was no longer able to walk as a result of the hunger strike. In a letter published shortly after her arrest, she announced that she would continue the hunger strike “until my release or my death.” She is currently in solitary confinement in Section 209 of Tehran’s Evin prison.“We hold judicial authority chief Sadegh Amoli Larijani, Tehran prosecutor Abass Jafari Dolatabadi, justice minister Mostafa Pour-Mohammadi and intelligence minister Mahmoud Alavi responsible for the survival of Henghameh Shahidi, who is now in a critical condition and could die as a result of this hunger strike,” said Reza Moini, the head of RSF’s Iran/Afghanistan desk.Shahidi is not the only victim of the inhuman and degrading treatment that the Iranian regime reserves for prisoners of conscience, especially journalists and citizen journalists. Going on hunger strike is the only method available to them for protesting against arbitrary arrest and prison conditions.In 2016, at least ten imprisoned journalists who were ill and were denied medical treatment went on hunger strike to demand appropriate care.RSF calls for an immediate reaction from Asma Jahangir, the UN special rapporteur for human rights in Iran, to the real danger to the lives of these journalists. RSF thinks Jahangir should demand a clear response from the Iranian authorities to the situation of these prisoners and above all Shahidi’s state of health.Journalists and citizen journalists continue to be summoned and arrested in Iran. The latest victims include Morad Saghafi, the editor of the magazine Goft o Gu (“Dialogue” in Persian) and Ramin Karimian, a journalist and translator. They were arrested on 16 and 18 March respectively and were taken to an unknown location.Ranked 169th out of 180 countries in RSF’s 2016 World Press Freedom Index, Iran is one of the world’s five biggest prisons for media personnel, with a total of 30 journalists and citizen journalists detained. RSF_en April 4, 2017 Journalist on hunger strike now in critical condition March 18, 2021 Find out more Receive email alerts Follow the news on Iran Iran: Press freedom violations recounted in real time January 2020 News IranMiddle East – North Africa Condemning abuses WomenJudicial harassmentViolenceUnited Nations News News to go further Help by sharing this information June 9, 2021 Find out more News February 25, 2021 Find out more IranMiddle East – North Africa Condemning abuses WomenJudicial harassmentViolenceUnited Nations After Hengameh Shahidi’s pardon, RSF asks Supreme Leader to free all imprisoned journalists Organisation Reporters Without Borders (RSF) condemns the irresponsibility of Iran’s most senior officials in refusing to release Henghameh Shahidi, a journalist who has been on hunger strike since her arrest on 9 March.last_img read more

first_imgLimerick Artist ‘Willzee’ releases new Music Video – “A Dream of Peace” RELATED ARTICLESMORE FROM AUTHOR WhatsApp Facebook WELL done to Bernadette Albacete from Keyes Park who is the lucky winner of one pair of tickets and two large combo meals for a film of her choice at the Odeon Cinema in Castletroy.Enjoy!Sign up for the weekly Limerick Post newsletter Sign Up The answer to our competition in last week’s edition was Dwayne Johnson.More tickets to give away to the Odeon Cinema in this Thursday’s Limerick Post. Limerick Ladies National Football League opener to be streamed live Twitter Linkedin WATCH: “Everyone is fighting so hard to get on” – Pat Ryan on competitive camogie squads Emailcenter_img Predictions on the future of learning discussed at Limerick Lifelong Learning Festival TAGScompetitionlimerickMoanaOdeon CinemaOdeon Limerick NewsLocal NewsCompetition winnerBy Alan Jacques – December 5, 2016 671 Previous articleYouthBank funding for South East LimerickNext articleDecember’s On The Nail literary fest Alan Jacqueshttp://www.limerickpost.ie Limerick’s National Camogie League double header to be streamed live Print Advertisement Billy Lee names strong Limerick side to take on Wicklow in crucial Division 3 clashlast_img read more

first_imgTop StoriesStart Physical Functioning Of Courts & Open Hearings From June 1 : BCI Chairman Writes To CJI Nilashish Chaudhary26 May 2020 7:39 PMShare This – xBar Council of India’s (BCI) Chairman, Manan Kumar Mishra, has urged Chief Justice of India (CJI) SA Bobde to issue appropriate directions to all Courts to resume physical open court hearings from June 1, 2020.Claiming to have consulted with State Bar Councils and a majority of Bar Associations across the country, Mishra conveyed the reservation and grievances of advocates regarding 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?LoginBar Council of India’s (BCI) Chairman, Manan Kumar Mishra, has urged Chief Justice of India (CJI) SA Bobde to issue appropriate directions to all Courts to resume physical open court hearings from June 1, 2020.Claiming to have consulted with State Bar Councils and a majority of Bar Associations across the country, Mishra conveyed the reservation and grievances of advocates regarding the prevalent practice of virtual hearings, through a letter dated May 26.This letter is in furtherance of a communication made by him on April 28 on the same issue. In that communication he had requested the CJI that though virtual hearings were the need of the hour, the practice should be done away with as soon as the COVID-19 lockdown is lifted. It was his claim that virtual courts are only accessible to a few lawyers, which leaves 95% of the fraternity brief-less, or without work.Reiterating his apprehensions, Mishra has pointed out that the Supreme Court, High Courts and most lower courts across the country have been functioning in a restricted manner, wherein only urgent matters are being listed before virtual courts. He has further apprised the CJI that with respect to even those matters which ought to be listed, several complaints suggest that not all requests for listing have been entertained adequately. As a result, he adds, only certain privileged Advocates are beneficiaries of virtual hearings whereas a huge majority of lawyers are left without work and therefore struggling to make ends meet. The current plan for the functioning of courts, through virtual hearings, offers no respite to these disgruntled advocates, contends the BCI Chairman.Apprising CJI Bobde of the ‘harsh reality’ of virtual hearings, Mishra thus throws light on the anguish of Advocates:-“The cases of only a few fortunate persons are being fixed, the kith and kin of only a few have earned huge money during this lockdown in almost all the High Courts. Such messages are pouring regularly in BCI.This has caused great loss to Common Advocates and there is a resentment developing among 95% of Advocates in almost all Courts.Therefore, we are bringing all these harsh facts to the knowledge of our Apex Authority. Almost same is the case with Supreme Court Advocates.”Expressing strong reservations against the Courts functioning through virtual hearings, the letter states,”Our view is that virtual court cannot displace and replace traditional courts even partly due to lack of knowledge and training in technology, lack of technological infrastructure and also due to law and procedures of dispensation of justice in trial matters, which, as we said, occupies a space of 80% in the litigation spectrum in India.”‘Litigants Unable To Get Justice Through Virtual Courts’ : Bar Council Of India To Hold Consultations On Resumption Of Physical Functioning Of Courts Invoking various features and procedures of a traditional hearing, Mishra vehemently advocates against the continued reliance on virtual Courts.”We cannot even imagine of trial court work being done in/through virtual courts proceedings. Can we think of recording of evidence in virtual courts? Exhibiting documents, confronting witnesses with documents, watching the demeanor of witnesses and, above all, ensuring that the witness is deposing without any pressure, coercion or undue influence, are some salient features of traditional court which would be impossible to achieve in virtual courts.We deeply ponder and wonder and find no plausible answer, as to why are we encouraging virtual hearings in the Supreme Court and High Courts when the system of Actual/Physical/face to face open court Hearing is fool-proof and fully successful. It is fully transparent and gives full satisfaction to all and when more than 80% of Supreme Court and High Court Lawyers are comfortable with Actual Hearings in court rooms, then why should we encourage Virtual Hearings and to think further about continuing with this system even after Lockdown.”Admitting that the COVID-19 situation will not go away anytime soon, the need to work safely around the pandemic is pressed by Mishra. Accordingly, the CJI has been asked to consider coming up with a suitable scheme, containing guidelines which would facilitate Advocates to safely appear physically in Court for open court hearings. To this end, the following suggestions have also been given:-“We could start with listing of limited number of cases, and allow only those Advocates whose matters are listed to enter court rooms/premises, and time slots for hearings may be fixed, leading to even lesser people inside court rooms/premises at a particular time slot. Waiting halls ensuring social distancing norms may be developed in the already available area. The Bar Associations/Chambers/Libraries may not be opened for general sitting of the Advocates, only those Lawyers may be allowed to enter the Bar Rooms/Chambers who have some work in the Courts.Those Advocates who wish to mention their matters may be allowed entry at a fixed time subject to showing their identity to the appropriate authorities at the entry gates of the Courts and particular time slots may be fixed for mentioning too, to be regulated by someone deputed for each of the courts which are sitting and working. All Advocates wishing to mention may be asked to wait in a hall, where social distancing may be ensured and their mentioning be regulated and after mentioning they would be requested to leave the court premises and regulators will have to ensure the same in a strict but polite manner.”Averring to those who are at greater risk to the Corona Virus, on account of age or medical health, Mishra states that virtual hearings may be considered only for them, subject to the consent of Advocates from both parties. This indulgence, he adds, may be allowed only till the time the Virus is looming large as e-courts cannot be allowed to function when normalcy is resumed.Click here to download letterRead LetterSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

first_imgTop StoriesExpression ‘Existence Of Arbitration Agreement’ In Section 11 Of Arbitration Act Includes Aspect Of Validity Of Agreement : Supreme Court Manu Sebastian15 Dec 2020 9:08 PMShare This – xThe Supreme Court has held that the expression ‘existence of arbitration agreement’ in Section 11 of the Arbitration Act would include the aspect of validity of arbitration agreement.A three-judge bench of the Court also explained that at the stages of Sections 8 and 11 of the Act, the Courts should undertake a prima facie examination of the validity of the arbitration agreement.”Existence and…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 held that the expression ‘existence of arbitration agreement’ in Section 11 of the Arbitration Act would include the aspect of validity of arbitration agreement.A three-judge bench of the Court also explained that at the stages of Sections 8 and 11 of the Act, the Courts should undertake a prima facie examination of the validity of the arbitration agreement.”Existence and validity are intertwined, and arbitration agreement does not exist if it is illegal or does not satisfy mandatory legal requirements. Invalid agreement is no agreement”, observed a bench comprising Justices NV Ramana, Sanjiv Khanna and Krishna Murari in the case Vidya Drolia and others v Durga Trading Corporation.The bench was essentially answering a reference made to it by a division bench on the issue whether landlord-tenant disputes under the Transfer of Property Act are arbitrable. While holding that such disputes can be subject matter of arbitration when they are not covered by rent control laws, the Court also discussed issues relating to the stage when the question of arbitrability can be decided, the scope of examination under Sections 8/11 etc.”The courts at the referral stage do not perform ministerial functions. They exercise and perform judicial functions when they decide objections in terms of Sections 8 and 11 of the Arbitration Act”, the main judgment authored by Justice Khanna observed.Prima Facie examination under Section 8The Court noted that Section 8(1), after the 2016 amendment, enjoins the Court to undertake a prima facie examination as to the validity of the agreement.The judgment of Justice Sanjiv Khanna explained the scope of prima facie examination as follows :””Prima facie case in the context of Section 8 is not to be confused with the merits of the case put up by the parties which has to be established before the arbitral tribunal. It is restricted to the subject matter of the suit being prima facie arbitrable under a valid arbitration agreement. Prima facie case means that the assertions on these aspects are bona fide”(Paragraph 86)”Prima facie examination is not full review but a primary first review to weed out manifestly and ex facie non-existent and invalid arbitration agreements and non-arbitrable disputes. The prima facie review at the reference stage is to cut the deadwood and trim off the side branches in straight forward cases where dismissal is barefaced and pellucid and when on the facts and law the litigation must stop at the first stage.Only when the court is certain that no valid arbitration agreement exists or the disputes/subject matter are not arbitrable, the application under Section 8 would be rejected. At this stage, the court should not get lost in thickets and decide debatable questions of facts.Referral proceedings are preliminary and summary and not a mini trial”(Paragraph 87)”Accordingly, when it appears that prima facie review would be inconclusive, or on consideration inadequate as it requires detailed examination, the matter should be left for final determination by the arbitral tribunal selected by the parties by consent. The underlying rationale being not to delay or defer and to discourage parties from using referral proceeding as a rue to delay and obstruct. In such cases a full review by the courts at this stage would encroach on the jurisdiction of the arbitral tribunal and violate the legislative scheme allocating jurisdiction between the courts and the arbitral tribunal. Centralisation of litigation with the arbitral tribunal as the primary and first adjudicator is beneficent as it helps in quicker and efficient resolution of disputes”(Paragraph 89).’Existence of arbitration agreement’ under Section 11The judgment noted that sub-section 6A inserted in Section 11 as per 2016 amendment prescribed that the Court, at the stage of appointment of arbitrator, should confine itself to the examination of the existence of an arbitration agreement. This means that the ‘existence of arbitration agreement’ was meant to be a question to be decided at the stage of Section 11.However, sub-section 6A was omitted after the 2019 amendment. But this omission was is in view of the introduction of a new regime of institutionalized arbitration.The report of the Justice B N Srikrishna commission, which recommended the 2019 amendment, was referred to in that regard as follows :”After the Amendment Act of 2019, Section 11 (6-A) has been omitted because appointment of arbitrators is to be done institutionally, in which case the Supreme Court or the High Court under the old statutory regime are no longer required to appoint arbitrators and consequently to determine whether an arbitration agreement exists”.Based on this, the judgment observed :”Omission of sub-section (6-A) by Act 33 of 2019 was with the specific object and purpose and is relatable to by substitution of sub-sections (12), (13) and (14) to Section 11 of the Arbitration Act by Act 33 of 2019, which, vide sub-section (3A) stipulates that the High Court and this court(Supreme Court) shall have the power to designate the arbitral institutions”.The Court noted with approval that it has been held in Mayavati Trading Pvt. Ltd. v.Pradyuat Deb Burman(2019) that the omitted sub-section (6-A) to Section 11 of the Arbitration Act would continue to apply and guide the courts on its scope of jurisdiction at stage one, that is the pre-arbitration stage.In this backdrop, the Court proceeded to explain how the question of ‘existence of agreement’ will include its validity as well.”Existence of an arbitration agreement presupposes a valid agreement which would be enforced by the court by relegating the parties to arbitration.Existence of an arbitration agreement means an arbitration agreement that meets and satisfies the statutory requirements of both the Arbitration Act and the Contract Act and when it is enforceable in law”, Justice Khanna’s judgment said in paragraph 92.Since Sections 8 and 11 are complementary provisions, the Court said that it can read the mandate of valid arbitration agreement in Section 8 into mandate of Section 11, that is,’existence of an arbitration agreement’.The judgment opined that the exercise of prima facie power of judicial review as to the validity of the arbitration agreement would save costs and check harassment of objecting parties when there is clearly no justification and a good reason not to accept plea of non-arbitrability.The judgment of Justice Khanna summarized the conclusion in Paragraph 95, based on the reasons given in paragraph 92, as follows :”Accordingly, we hold that the expression ‘existence of an arbitration agreement’ in Section 11 of the Arbitration Act,would include aspect of validity of an arbitration agreement,albeit the court at the referral stage would apply the prima facie test on the basis of principles set out in this judgment. In cases of debatable and disputable facts, and good reasonable arguable case, etc., the court would force the parties to abide by the arbitration agreement as the arbitral tribunal has primary jurisdiction and authority to decide the disputes including the question of jurisdiction and non-arbitrability”.Justice Ramana’s separate judgmentThe separate but concurring judgment penned by Justice N V Ramana summarized the conclusions as follows :(a)Sections 8 and 11 of the Act have the same ambit with respect to judicial interference(b)Usually, subject matter arbitrability cannot be decided at the stage of Sections 8 or 11 of the Act, unless it’s a clear case of deadwood.(c)The Court, under Sections 8 and 11, has to refer a matter to arbitration or to appoint an arbitrator, as the case maybe, unless a party has established a prima facie(summary findings) case of non­existence of valid arbitration agreement, by summarily portraying a strong case that he is entitled to such a finding.(d) The Court should refer a matter if the validity of the arbitration agreement cannot be determined on a prima facie basis, as laid down above, i.e., ‘when in doubt, do refer’.(e) The scope of the Court to examine the prima facie validity of an arbitration agreement includes only:Whether the arbitration agreement was in writing?orWhether the arbitration agreement was contained in exchange of letters, telecommunication etc?Whether the core contractual ingredients qua the arbitration agreement were fulfilled?On rare occasions, whether the subject­ matter of dispute is arbitrable?Justice Ramana observed that though the statutory language of Section 8 and 11 are different, however materially they do not vary and both Sections provide for limited judicial interference at reference stage.”Courts, while analyzing a case under Section 8, may choose to identify the issues which require adjudication pertaining to the validity of the arbitration agreement. If the Court cannot rule on the invalidity of the arbitration agreement ona prima facie basis, then the Court should stop any further analysis and simply refer all the issues to arbitration to be settled”, Justice Ramana said in his judgment.Other reports based on the judgment :Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme CourtAllegations Of Fraud Arbitrable When They Relate To Civil Dispute: Supreme Court Overrules ‘N Radhakrishnan’ JudgmentDisputes Which Are To Be Adjudicated By DRTs Are Not Arbitrable: Supreme Court Overrules 2012 Delhi HC Judgment CASE: VIDYA DROLIA vs. DURGA TRADING CORPORATION [ CIVIL APPEAL NO. 2402 OF 2019 ] CORAM: Justices NV Ramana, Sanjiv Khanna and Krishna MurariClick here to read/download the judgmentNext Storylast_img read more

first_img Previous Article Next Article Report reveals variable approach to health and safety by top companiesAn independent report has cast doubt on the commitment of top British firmsto safety, despite publicity surrounding rail crashes and the corporatemanslaughter law. Business information specialist Gee Publishing quizzed FTSE 100 companiesabout their approach to health and safety and found commitment was variable andinformation was not always available. High-risk sectors such as mining and chemicals were happy to discuss theissue, but not one retail firm in the FTSE 100 was prepared to divulgeinformation on health and safety, said Gee. “This is despite theirconstant contact with the general public and the fact that employees in theretail sector are four times more likely to sustain a major injury at work thanan office-based employee.” Among low-risk sectors, the financial sector came out best, demonstratingwell-established systems and an openness to discuss the issue, with 3i rankingtop. But even among these firms, only four named a board member as the personwith ultimate responsibility for health and safety. The biggest single issue for office-based work is the use of display screenequipment and risks of repetitive strain injury and upper limb disorders. “There is a lack of benchmarking data, largely due to the lack ofpublished information,” said report author Karen Pearson. www.safety-now.co.uk Comments are closed. Related posts:No related photos. Firms evasive on safetyOn 1 Dec 2000 in Personnel Todaylast_img read more