Dale Capital Group Limited (DCPL.mu) listed on the Stock Exchange of Mauritius under the Investment sector has released it’s 2009 interim results for the half year.For more information about Dale Capital Group Limited (DCPL.mu) reports, abridged reports, interim earnings results and earnings presentations, visit the Dale Capital Group Limited (DCPL.mu) company page on AfricanFinancials.Document: Dale Capital Group Limited (DCPL.mu) 2009 interim results for the half year.Company ProfileDale Capital Group is a publicly-quoted Private Equity Investment Holding Company, which deals with investment in hotels, leisure and tourism, property, Information Technology, food and security, fine food and beverages, banking and financial services, agriculture, aquaculture, aviation, mining and resources, renewable energy, African infrastructure, secured lending, non-durable goods distribution, lodging, and financial and fiduciary services sectors. The company is particularly interested in investments within the Sub-Saharan Africa Region, though the company is headquartered in Ebene, Mauritius with additional offices in Cape Town, South Africa. Dale Capital Group is listed on the Stock Exchange of Mauritius.
ArchDaily Projects ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/32182/904-pacific-street-loadingdock5-architecture Clipboard CopyApartments•New York, United States “COPY” ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/32182/904-pacific-street-loadingdock5-architecture Clipboard 904 Pacific Street / Loadingdock5 ArchitectureSave this projectSave904 Pacific Street / Loadingdock5 Architecture 904 Pacific Street / Loadingdock5 Architecture Year: 2009 Apartments United States Text description provided by the architects. We were first presented with this project in 2006 by Eli Karp at Supreme Builders and were immediately intrigued and excited by the possibilities it afforded. Having previously worked with the developer, we knew that we would be allowed to think outside the box and implement creative solutions to the challenges presented by the site. New York City has a complicated and extensive set of zoning rules and the site butted many of them against each other; we had to approach this project almost as if it were a puzzle.Save this picture!Recommended ProductsDoorsVitrocsaGlass Technology in Hotel BeaulacFiber Cements / CementsULMA Architectural SolutionsPaper Facade Panel in Leioa School RestorationEnclosures / Double Skin FacadesIsland Exterior FabricatorsCurtain Wall Facade SystemsDoorsLinvisibileLinvisibile Curved Hinged Door | Albathe site is irregularly divided into 2 zoning districts and is essentially bisected by a diagonal boundary each of the 2 zoning districts allows for different height and bulk the site has a theoretically large buildable area, which quickly became restricted by geometrical constraints and buildings codes Save this picture!we situated 2 buildings of different heights on either side of the zoning boundary, separated by a 4-story exterior entryway which leads to a 3rd building in the rear the rear building contains an interior lobby on the first floor which serves all 3 buildings; the gym is also located on the first floor, on the street side of the 5-story building Save this picture!the apartments are a mix of differently shaped 1-3 bedroom units; some of them are duplexes with a double high living room Save this picture!the cellar contains 11 parking spots and a swimming poolProject gallerySee allShow lessEcodistrict in Dijon / EXP ArchitectsArticlesMalaysia Pavilion for Shanghai World Expo 2010ArticlesProject locationAddress:Brooklyn, NY, USALocation to be used only as a reference. It could indicate city/country but not exact address. Share “COPY” Architects: Loadingdock5 Architecture Year Completion year of this architecture project Save this picture!+ 9 Share CopyAbout this officeLoadingdock5 ArchitectureOfficeFollowProductsGlassSteelConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousingApartmentsHousingNew YorkUnited StatesPublished on September 18, 2009Cite: “904 Pacific Street / Loadingdock5 Architecture” 18 Sep 2009. ArchDaily. Accessed 12 Jun 2021.
Photographs: CreatAR Images, Hao Chen, He WeiConstruction Design Team:Star Z&C Architecture Design Co.Ltd: Li Jie, Cao Yong, Zhang Hongge, Huang QingClient:Shanghai Huicheng Social Housing Construction Co.LtdProject Type:Social Housing EstateTotal Number Of Households:2021Apartment Area Range:35-60 m2Architect In Charge:Zhang JiajingDesign Team:Xu Wenbin, Huang Wei, Xu Cong, Yi Bowen, Zhang QichengCity:ShanghaiCountry:ChinaMore SpecsLess SpecsSave this picture!© Chen Hao“Fortress Besieged,” a metaphor when We talked about traditional Chinese residential architecture. Before modernist architecture has spread all over the world. Chinese traditional residential architecture is almost like fortress besieged, although they might be different in material selection, form and so on because of regionalism. Fortress Besieged, is the so-called courtyard. In China, We have a long tradition of courtyard gardening. To encircle a world of our own and entrust our sentiment to the flower and plants in the garden, is an idea dwelling state deep into our bone. However this dwelling state in today’s China, has almost disappeared in urban living and only reveals itself in historical building.Save this picture!Site Overall Axonometric DrawingLike all postwar countries, we have experienced a period of rapid population growth and inadequate housing construction. Modernism architecture of Le Corbusier and his theory of La Ville Radieuse were relatively mature subjects at that time, yet Post Modernism and the incisive issues proposed in the book of were still under intense debate. And we learned from Le Corbusier to solve the housing problem and gradually evolved it into a paradigm. As a result, there is almost the same residential pattern in China today, which spans numerous climatic regions. Even some region where planning typology could diversify begins to learn from the residential pattern dominated by real estate. This residential pattern has several obvious characters such as high-rise, low-density, determinant, all facing south and so on. This is a thought provoking and painful reality for us.Save this picture!© CreatAR ImagesAtelier GOM has begun its residential studies and urban studies rooted in the domestic environment since 2002. In the project of Longnan Garden Estate, vocabulary such as ”Fortress besieged” and “corridor” are reintroduced. With the study of residential typology, the improvement of urban morphology, the introduction of public space, the impact of residential height and density on living comfort, and other issues, Longnan Garden Estate has become an exciting Chinese new residential estate phenomenon. Longnan Garden Estate belongs to the type of social housing estate, but Atelier GOM hopes to challenge the deeply rooted residential pattern in China through social housing, in order to promote the improvement of other types of residential design in China.Save this picture!© He WeiLongnan Garden Estate locates in the intersection of Tianyao Bridge Road South and Xiataibang Road, Xuhui district, Shanghai, and is closely next Huangpu River. There are eight buildings in the estate, of which five are sets of small apartment uni（t Apartment Area: 40-60 ㎡）, two are sets of single dormitory(Apartment Area : mostly 35 ㎡), and one for independent commercial building. Planning level: under the requirement of FAR (2.2), and the East, West and North have a large number of existing residences which need to be considered in the impact of sunlight, four opposite seven – story, U – style, semi – enclosed and corridor type residential buildings are put to the North to avoid the complicated sunlight calculation.Save this picture!Building No.5 -Sectioned Axonometric DrawingIn the South, three high-rise residential buildings progressively going down are to weaken the dependence of the residential district planning sunlight calculation, so as to free other buildings. These three high-rise residences away from sunlight calculation, from west to East are 12 -storey small skip-floor apartment, 7 to 12-storey corridor type small apartment, 8 to 17-storey single dormitory.Save this picture!© Chen Hao”Fortress Besieged” – courtyard space in different typesLongnan Garden Estate abandons the rooted, high-rise, low-density, and determinant residential estate paradigm, it discusses the impact of residential height and density on living comfort. Half enclosure and all enclosed courtyard spaces gather here. The roof platform progressively going down not only creates rich activity space, it is a garden or an observation ladder, but also allows more sunlight to shine in the courtyard full of flowers and trees.Save this picture!© Chen HaoCreation of social housing public space. On the north side, there are generous pilotis space of two floors and community rooms, and every one or two floors of the North corridor will have a projecting public terrace to welcome some East-West sunlight.These public spaces in the context of small apartments, is a balanced and efficient strategy for social housing.Save this picture!© Chen Hao”Corridors”In the context of Chinese traditional architecture, “Courtyard” and “Corridor” are two inseparable themes. The linear corridor runs through courtyards, and the sunlight changes from dark to bright. It also connects those community rooms on the second floor, providing another level for human activities other than the ground. The No.8 building at the north end is a miniature, linear communication spaces scatter and overlap on different levels, They link separate commercial spaces and the roof platform.Save this picture!© CreatAR ImagesSI （Skeleton Infill ） ResidenceThe initial concept of No.5 building of Longnan Garden Estate came from “HOUSE CHATTING” Research by GOM. It is intended to create SI（Skeleton Infill） Residence in social housing background. If we take a look at the European housing development, after the period of the greatest demand for social housing, a large number of social houses, as assets, will be sold to some organizations for other uses, such as residences, offices, hotels and so on. Therefore, the function for the post social housing time should also be fully considered.Save this picture!© Chen HaoSave this picture!Building No.5 – Skip-floor Apartment Floor PlansSave this picture!© CreatAR ImagesSocial housing of today’s China is mostly shear wall structure with a height of 2.7 meters to 2.9 meters. There is nearly no possibility for reconstruction,if in twenty years , the post social housing time. Hence we have developed this large concrete frame (Skeleton), 7.6 meters high, embedded steel structure (Infill), 2.8 meters + 2 meters + 2.8 meters. It contains two skip-floor mini apartments. SI Residence challenges the space variation of mini apartments in the background of social housing standard, but also give infinite possibilities of functions for the post social housing time.Save this picture!Building No.5 – Skip-floor Apartment perspective sectionThe architectural elevation details of Longnan Garden estate, such as the bay window component, balcony, downspouts, hiding of air conditioning equipment and so on, are designed under the suggestion of the social housing management company,to avoid management and utilization problem as far as possible. At the same time,many management approaches are discussed here with intelligent design company.Save this picture!© CreatAR ImagesCalculation and simulation of residence sunlight condition. In today’s China, all types of residential estate should be designed to meet the stringent sunlight standard of its region, and the social housing estate can be relaxed to 90% to meet the sunlight standard. Sunlight standard, undoubtedly, bound up residence volume, layout in fetters. The layout type of high-rise,low-density and determinant is relatively simple solution, and the courtyard layout often increases the difficulty of the design. The human scale of the courtyard, the progressively going down roof platform, the height of residence, floor plan design of residence and so on are often results oriented by sunlight design in Longnan Garden Estate. Sunlight standard in China here is restriction, and opportunity for design.Save this picture!© CreatAR ImagesProject gallerySee allShow lessVeherakanda Road House Baddagana / Chinthaka WickramageSelected ProjectsIshiuchi Pennon / CAPDSelected Projects Share Projects CopyAbout this officeAtelier GOMOfficeFollowProductConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureSocial HousingShanghaiSocial HousingGOMAtelier GOMChinaPublished on July 01, 2017Cite: “Longnan Garden Social Housing Estate / Atelier GOM ” 30 Jun 2017. ArchDaily. Accessed 11 Jun 2021.
CopyApartments•Nantes, France Architects: Atelier Maxime Schmitt Architecte Area Area of this architecture project ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/953625/27-collective-housing-at-ile-de-nantes-atelier-maxime-schmitt-architecte Clipboard Photographs: Stephane ChalmeauStructural Engineering:SerbaEconomist:NaonecFluids Engineer:EnerciaSite Pilot:LinkibatClient:Bouygues Immobilier AtlantiqueCity:NantesCountry:FranceMore SpecsLess SpecsSave this picture!© Stephane ChalmeauRecommended ProductsEnclosures / Double Skin FacadesRodecaRound Facade at Omnisport Arena ApeldoornFiber Cements / CementsApavisaTiles – Nanofusion 7.0Enclosures / Double Skin FacadesFranken-SchotterFacade System – LINEARenders / 3D AnimationEnscape3D Real-Time Rendering SoftwareText description provided by the architects. CONTEXT Indulging in the Sunday pleasure of idleness, a couple observes the effervescence of the Parvis des Nefs. The big elephant leaves the Galerie des Machines. Its gears animate the imposing pachyderm and fascinate young and old. The children are playing. The teens congregate around the benches, and further on, a street fitness session brings together around fifty people.Save this picture!© Stephane ChalmeauOn the horizon, the merry-go-round of the Mondes Marins and the titanic yellow crane punctuate the landscape with their fascinating curiosity. Vast public spaces with evocative names such as the Jardin des Berges, the Jardin des Voyages, the Esplanade des Traceurs de Coques, the Parc des Chantiers, the Terrasse des Vents make up the panorama of the old shipyards of île de Nantes. Backdrop to this attractive landscape, the Boulevard Léon Bureau is declined in a heterogeneous building, rich in contrasts and surprises.Save this picture!AxoSmall suburban-style houses sit alongside an old blockhaus, large industrial rights-of-way, witnesses of island history, adjoin new operations just emerging from the ground. The voids between the buildings reveal the constructive dynamism of the Creation district which develops in the depths. ISSUES AND APPROACH On the border between the new Creation district and the Parc des Chantiers, Boulevard Léon Bureau occupies a strategic position and develops a skyline made up of horizontality and emergence, symbols of the île de Nantes.Save this picture!© Stephane ChalmeauThe Hindigo plot, named after the warehouse which still occupies the land, is developing in depth and will offer its little side to Boulevard Léon Bureau, thus allowing it to assert a more marked verticality. Backing onto a suburban house with discreet moldings and slightly deviating from the DY10 blockhaus, a converted vestige of the Second World War, our project will forge a horizontal link between these two iconic constructions and will affirm its difference through a vertical and light emergence. This is where our dual ambition lies, that of creating a strong architecture combined with soft insertion.Save this picture!© Stephane ChalmeauA soft insertion by taking the low volumetry of the townhouses and the Blockhaus on the boulevard. A soft insertion by using materials already present on the site such as dark concrete and wood. A soft insertion by working a massive and hollowed base where shops and halls will slip into.Save this picture!PlansA soft insertion by having large terraces planted above the base where families can fully enjoy this sunny site. A soft insertion by shifting the volume high so that it does not appear much in the perspective of the boulevard. A strong architecture by affirming two simple and separate volumes: the base and the emergence. A strong architecture by developing high facades with marked modenature and low smooth and discreet facades.Save this picture!© Stephane ChalmeauA strong architecture by adopting a principle of progressiveness in height and width of the windows to assert a building soaring towards the sky, thus increasing its verticality. A strong architecture by containing all the exterior spaces of the dwellings in the built volume by the creation of winter gardens. A strong architecture by offering housing with very open functioning and multiple uses around a wet core, offering everyone maximum appropriation. A strong and demanding architecture so that everyone can live the softest possible life.Save this picture!© Stephane ChalmeauProject gallerySee allShow lessArea Park Studio / Atsushi + Naoko Kasuya / KAOSelected ProjectsThe Morning Chapel / Flores & PratsSelected ProjectsProject locationAddress:5 Boulevard Léon Bureau, 44200 Nantes, FranceLocation to be used only as a reference. It could indicate city/country but not exact address. Share Projects “COPY” Apartments Photographs 27 Collective Housing at Île de Nantes / Atelier Maxime Schmitt Architecte “COPY” France Area: 1500 m² Year Completion year of this architecture project Year: ArchDaily CopyAbout this officeAtelier Maxime Schmitt ArchitecteOfficeFollow#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousingApartmentsNantesOn FacebookFrancePublished on December 20, 2020Cite: “27 Collective Housing at Île de Nantes / Atelier Maxime Schmitt Architecte” 20 Dec 2020. ArchDaily. Accessed 10 Jun 2021.
Story David Raleigh. A file photo of an aerial of the Irish Cement factory in Munget, Limerick Since the end of March 2017, the EPA has received a significant number of complaints about dust deposition from residents of the Mungret and Raheen areas of Limerick city. Complaints have also been received by Limerick City and County Council and the Health Service Executive (HSE) Mid-West. The complaints have described thick dust deposited on cars, roofs and windows, solar panels and garden furniture. Complainants have all stated their belief that the source of the dust was likely to be the nearby Irish Cement plant, which operates under an EPA Licence, P0029-03. Pictures: Liam Burke Press 22Irish Cement Limerick. Picture: Liam Burke Press 22AN Bord Pleanála will hold an oral hearing into appeals against Limerick City and County Council’s decision to approve plans by Irish Cement to change the type of fuel they burn at their factory in Mungret.The decision comes as it emerges that the consultancy firm hired by the council to advise them on the company’s application to burn tyres and other waste materials are now contracted to do work for Irish Cement.Sign up for the weekly Limerick Post newsletter Sign Up The Inspector dealing with the case ruled that an oral hearing is appropriate and letters went out on Wednesday to all parties concerned, An Bord Pleanála confirmed to the Limerick Post.No exact date or location has been decided on for the hearing but it is understood that it will be in September.The matter under appeal is the decision by the local authority to grant permission for the physical works necessary for the changeover.Meanwhile, Limerick City North Solidarity Party Councillor, Cian Prendiville, has called for the local authority to review the way it seeks advice on applications. “It seems that within weeks of advising the council to give the go-ahead to Irish Cement’s plans to burn tyres on the Dock road, AWN consultants were signed up by Irish Cement to work for them. “This is despite the fact that they told the councillors that they had never had any contact with Irish Cement in their entire existence up until that point. It raises serious questions about the way environmental protection is done in this country, and the dependence on so-called ‘independent’ experts who are reliant on contracts from big polluters. “The reality is AWN consulting have supported pretty much every single incinerator ever proposed in Ireland, from the hugely controversial one in Cork, to the hated gasification plant proposed in West Limerick.“A company with pro-incineration history should not have been relied upon by the council, and I think they now need to review this whole process. Twice I have attempted to raise this question on the city council agenda, and twice it has not been allowed. I will now be submitting this again for the agenda of the next council meeting, he said.There was no response from AWN, Irish Cement or Limerick City and County Council to Cllr Prendiville’s statement at time of going to press.Read similar stories in the Limerick Post Politics section. TAGSCllr Cian PrendivilleIrish CementNewspolitics Twitter Vicky calls for right to die with dignity Facebook Local backlash over Aer Lingus threat Print Minister asked to review need for more incinerators in Limerick Email Advertisement Linkedin Shannon Airport braced for a devastating blow Population of Mid West region increased by more than 3,000 in past year WhatsApp Limerick on Covid watch list Previous articleRebel with cause: Owen WingraveNext articleWomens’ Rugby World Cup trophy comes to Limerick Bernie Englishhttp://www.limerickpost.ieBernie English has been working as a journalist in national and local media for more than thirty years. She worked as a staff journalist with the Irish Press and Evening Press before moving to Clare. She has worked as a freelance for all of the national newspaper titles and a staff journalist in Limerick, helping to launch the Limerick edition of The Evening Echo. Bernie was involved in the launch of The Clare People where she was responsible for business and industry news. RELATED ARTICLESMORE FROM AUTHOR NewsLocal NewsPoliticsClaim consultants who upheld Irish Cement plan now working for themBy Bernie English – July 27, 2017 1718 read more
Tagged with: Affordable Homes Affordable Housing FHFA Five Star Government Forum Government GSEs Homeownership Homes Households HOUSING Housing Finance HUD The Five Star Institute Data Provider Black Knight to Acquire Top of Mind 2 days ago Collaborating for a Sustainable Housing Industry About Author: Radhika Ojha Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Demand Propels Home Prices Upward 2 days ago Radhika Ojha is an independent writer and copy-editor, and a reporter for DS News. She is a graduate of the University of Pune, India, where she received her B.A. in Commerce with a concentration in Accounting and Marketing and an M.A. in Mass Communication. Upon completion of her masters degree, Ojha worked at a national English daily publication in India (The Indian Express) where she was a staff writer in the cultural and arts features section. Ojha, also worked as Principal Correspondent at HT Media Ltd and at Honeywell as an executive in corporate communications. She and her husband currently reside in Houston, Texas. Affordable Homes Affordable Housing FHFA Five Star Government Forum Government GSEs Homeownership Homes Households HOUSING Housing Finance HUD The Five Star Institute 2018-03-17 Radhika Ojha Sign up for DS News Daily in Daily Dose, Featured, Government, News The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Home / Daily Dose / Collaborating for a Sustainable Housing Industry March 17, 2018 2,825 Views Servicers Navigate the Post-Pandemic World 2 days ago It’s been a decade since the housing crisis of 2008. As the present administration looks at rolling back some of the more stringent regulations that were introduced during that time to protect homes and homeowners, the regulatory framework is also undergoing a fresh round of thinking to improve its checks and balances while making sure they don’t limit access to credit and inhibit economic growth.As these changes take place, it is time for the industry to engage in an open dialogue with policymakers on some of the most pressing issues of the day in housing and housing finance. The ninth Five Star Government Forum in Washington D.C. on April 3, 2018, is a platform for such an interaction.“A collaborative working relationship between regulatory agencies and the industry promotes understanding and ultimately benefits homeowners,” said Ed Delgado, President, and CEO of the Five Star Institute. “The Five Star Government Forum facilitates the growth of those relationships by bringing together interested stakeholders to promote the exchange of ideas and best practices. We look forward to hosting this discussion on April 3.”To be sure, housing and housing finance reforms, especially for the underserved are on top of the agenda for many of the speakers at the forum. “I think the most important thing to understand is that the only reason for the government to be involved in the housing finance system is to help low- and medium-income families buy homes,” said Peter J. Wallison, Senior Fellow and Arthur F. Burns Fellow in Financial Policy Studies, American Enterprise Institute.Wallison is one of the keynote speakers at the Forum. He has also held several prominent positions in the federal government, including serving as White House Counsel to the President of the United States as well as General Counsel for the United States Department of Treasury, where he played a significant role in the development of proposals for the deregulation of the financial services industry.Another keynote speaker at the Forum is the Hon. Edward DeMarco, President of the Housing Policy Council Financial Services Roundtable. He served as the acting Director of the Federal Housing Finance Agency (FHFA) immediately following the crisis from 2009 to 2014 overseeing the conservatorship of the GSEs. Speaking on the need for the discussion around affordable housing, DeMarco said, “With affordable housing, the discussion is certainly developing. We’re seeing some new ideas emerging about how to encourage sustainable homeownership that’s affordable to folks.”The list of speakers also includes influencers among industry professionals and peers who have played integral roles in providing quality leadership to the federal government and the mortgage industry. They include:Tim Rood, Partner, The Collingwood GroupJohn (Jack) Konyk, Executive Director, Government Affairs, Weiner Brodsky Kider PCPrasant Sar, Supervisory Policy Analyst, Servicing Policy and Asset Management, FHFAYvette Gilmore, VP, Servicing Performance Management, Freddie MacTendayi Kapfidze, Chief Economist, LendingTreeRick Lazio U.S. Congressman, R-NY,(1993-2001), SVP, AlliantgroupRon Haynie, SVP Mortgage Finance Policy, Independent Community Bankers Assoc.Joe Murin, Chairman, JJAM Financial Services, President, Ginnie Mae (2008-2009)Mark Palim, Deputy Chief Economist Fannie MaeLeonard Kiefer, Deputy Chief Economist, Freddie MacJoseph A. Smith Jr., Partner, Poyner SpruillAndrew (Andy) Trevayne, Assistant Director for Loan and Property Management, U.S. Department of Veterans AffairsTo register for the Five Star Government Forum click here. Print This Post Previous: Securing Foreclosure Protections for Veterans Next: The Week Ahead: Interest Rates Rising Again? The Best Markets For Residential Property Investors 2 days ago Share Save Related Articles Subscribe read more
114 Evidence Act- Adverse Inference Can Be Drawn Against Party Who Does Not Appear In Person To Depose: Supreme Court
Top Stories114 Evidence Act- Adverse Inference Can Be Drawn Against Party Who Does Not Appear In Person To Depose: Supreme Court LIVELAW NEWS NETWORK16 Dec 2020 8:21 PMShare This – xThe Supreme Court has observed that adverse inference can be drawn against a party who does not appear in person to depose.The bench comprising Justices RF Nariman, Navin Sinha and Krishna Murari observed thus while allowing appeal against the concurrent findings by the Trial Court and the High court dismissing a suit filed by plaintiff seeking the relief for permanent…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 adverse inference can be drawn against a party who does not appear in person to depose.The bench comprising Justices RF Nariman, Navin Sinha and Krishna Murari observed thus while allowing appeal against the concurrent findings by the Trial Court and the High court dismissing a suit filed by plaintiff seeking the relief for permanent injunction.In appeal, the court noted that the original defendant did not appear in person to depose, and be cross-examined in the suit and instead his younger brother deposed on the basis of a power of attorney. “No explanation was furnished why the original defendant did not appear in person to depose. We find no reason not to draw an adverse inference against defendant in the circumstances”, the bench said.In this regard, the court noted the judgment in Iswar Bhai C. Patel vs. Harihar Behera, (1999) 3 SCC 457. In the said case, an adverse presumption has to be drawn against a party on the basis of principles contained in illustration (g) of Section 114 of the Evidence Act, for having not entered into the witness box and having not presented himself for cross-examination. The court also noted that the plaintiffs had produced documents which were more than 30 years old, from their proper custody along with an explanation for nonproduction of the originals. It observed that they were rejected without any valid reason holding that there could be no presumption that documents executed by a public authority had been issued in proper exercise of statutory powers. “This finding in our opinion 9 is clearly perverse in view of Section 114(e) of the Indian Evidence Act 1872, which provides that there shall be a presumption that all official acts have been regularly performed. The onus lies on the person who disputes the same to prove otherwise.”, the bench added. The court also referred to judgment in Lakhi Baruah vs. Padma Kanta Kalita, (1996) 8 SCC 357, which dealt with the admissibility in evidence of thirty years old documents produced from proper custody. The bench, examining the evidence on record, observed that the title to the suit property was not disputed by the defendants and therefore the plaintiffs has, more than sufficiently established their lawful possession of the suit property.CASE: IQBAL BASITH vs. N. SUBBALAKSHMI [CIVIL APPEAL NO.1725 OF 2010]CORAM: Justices RF Nariman, Navin Sinha and Krishna Murari COUNSEL: Sr. Adv Basava Prabhu S. Patil, Adv Purushottam Sharma TripathiClick here to Read/Download JudgmentRead JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story read more
Pushback Against ODR, Virtual Courts Based On Fear Of Unknown; Information Can Make TheTransition Easier: Justice DY Chandrachud
Top StoriesPushback Against ODR, Virtual Courts Based On Fear Of Unknown; Information Can Make TheTransition Easier: Justice DY Chandrachud Mehal Jain11 April 2021 4:27 AMShare This – x”The pushback against Online Dispute Resolution and virtual courts is often based on a fear of the unknown. I am not criticising this fear, but only emphasising the importance of valuable information in making this transition into the unknown easier”, said Justice DY Chandrachud on Friday.Speaking at the launch of Niti Aayog’s Online Dispute Resolution Handbook, the judge urged that one…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”The pushback against Online Dispute Resolution and virtual courts is often based on a fear of the unknown. I am not criticising this fear, but only emphasising the importance of valuable information in making this transition into the unknown easier”, said Justice DY Chandrachud on Friday.Speaking at the launch of Niti Aayog’s Online Dispute Resolution Handbook, the judge urged that one must remember that “change is nature” and that it should not be avoided for too long, “lest we, particularly us in judiciary, get left behind”. He underlined the need “to reconsider a preconceived bias to a full fledged adoption of ODR”Justice Chandrachud canvassed that in the last one year, the sudden onset of the COVID pandemic has transformed all our lives in unimaginable ways, including the ways in which the courts operated. “With necessary lock downs, physical hearings gave way to virtual hearings. This transition was difficult for everyone- me and my colleagues in the judiciary, the advocates, the litigants, and the court staff”.Justice Chandrachud went on to assert that even though the process was initially slow, virtual hearings have found a place in the judicial ecosystem.”Admittedly, even today, there is resistance to a system of entirely virtual hearings. Although many had acknowledged this as a need at the peak of the pandemic, they were quick to request a move back to physical hearings as and when the pandemic seemed to have subsided”, he expressed.He added that was not there to discuss the merits of virtual hearings, but, in light of the lessons of the past year, highlight that “ODR is the need of the hour”. “The use of a virtual mechanism to ensure efficient resolution of disputes is even more important to me as I am also the chairperson of the E-Committee of the Supreme Court… “, he said.Justice Chandrachud indicated how when the ATMs were first introduced back in 1967, the individuals assumed that it would be an erosion of the position of the friendly bank clerk- “Now, we can safely say that the fear of the ATM was unfounded”.”Fear is explained by behavioural economists as a ‘status quo’ bias, which is a preference for things as they are in the present “, he continued. He explained that since this bias can be mostly subconscious, we must call upon ourselves to introspect what is stopping us from adopting newer solutions such as ODR.”The handbook notes that traditional litigation in India can be time-consuming and expensive and onerous. As a representative of the judiciary, I can say that we are doing all that we can to remedy this. For example, we have made the pendency data of all cases before the High Courts and the district courts public on the National Judicial Data Grid with a view to become more transparent “, discussed Justice Chandrachud.He elaborated that ODR can further provide a helping hand in this endeavour in limiting the kind of disputes that often come to courts in the first place. “When ADR (Alternative Dispute Resolution) was first used as an alternative to the court system, it was never meant to eradicate the role of the courts completely. That is why I always call ADR ‘Appropriate Dispute Resolution’. It was intended to reduce the burden of the courts and ensure an efficient solution to certain kinds of disputes which are better resolved outside of the traditional, adversarial court system. I believe in today’s digitally transformed world, a similar role can be played by ODR… I believe the ODR has potential over and above the traditional means of ADR, not just because of the process being conducted virtually, but because of its firm willingness to adopt all forms of digital solutions available”, he continued.It was his opinion that an important learning in the past one year has been that the process can be far more efficient with simple changes – the use of digital files by all parties, the ability to make digital notes and having all documents in one place in ways that make them more accessible to everyone. “This enhanced efficiency of the proceedings enables a quick resolution of disputes”, he explained.”By conducting all dispute resolution online, a large amount of data will come to be collected, which will in turn lay the groundwork for improving ODR. The data can be used to improve the virtual experience of courts”, continued Justice Chandrachud. He was of the view that another major change brought about would be in the perception of the parties involved – with the dispute resolution process becoming more accessible, affordable and participatory, the parties tend to become more amicable and solution-oriented.”With a shift to virtual hearings in all courts, the question of its efficacy is no longer theoretical. Although there will always be things to improve and issues to resolve, the system, as it stands, does work! The story with ODR is similar”, he commented in context of the handbook regarding ODR as ‘the right thing to do at the right time’Justice Chandrachud recognised that this push for ODR cannot mean substituting it for every dispute resolution process- “That is a distant and unreal possibility till we achieve digital penetration and literacy everywhere in India”. However, he clarified that this is not a downside of ODR, and instead its usefulness can actually become a factor to push for cent percent digital penetration and literacy”.He echoed that the strength of ODR is founded in the need to decentralise, the need to diversify, the need to democratise the process of justice delivery as a service, and finally, the need to disentangle justice from all its complexities.”The time for a change to ODR has come. And it is here to stay”, he asserted.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 read more
KABC-TV(LOS ANGELES) — As scores of Los Angeles teachers formed picket lines for the second day of a massive strike, school district officials said student attendance plummeted and that the district lost $15 million on Day 1 of the classroom walkout.The United Teachers of Los Angeles (UTLA) union reported that 30,000 public school teachers signed in at picket lines formed around the city on Monday and that more than 50,000 people — including 10,000 parents, students and community supporters — participated in a rain-soaked march from the UTLA headquarters to Los Angeles City Hall.Union officials said that just as many teachers hit picket lines on Tuesday, for Day 2 of the strike, in the second largest school district in the nation. It’s the first teacher strike in Los Angeles in 30 years.“We are going to win this fight for basic respect for educators and basic respect for our schools,” UTLA President Alex Caputo-Pearl told striking educators Tuesday morning. “Take pride in your teaching. Take pride in being a teacher, take pride in being an educator and take pride in the organizing that you are doing for your rights right now.”The Los Angeles Unified School District reported that student attendance at schools fell on Monday to 141,631 in a district of nearly 600,000 students. District officials said the number of student absences was based on daily attendance records of 1,186 of the district’s 1,240 schools.At a news conference Tuesday morning, Los Angeles Unified Superintendent Austin Beutner said there were no immediate plans to jump-start negotiations with the teachers’ union. Negotiations broke down on Friday when the union rejected the district’s latest offer.Beutner said the district lost about $15 million on Monday, explaining that state funding is based on the number of students attending classes.“Ninty percent of our funding comes from Sacramento,” said Beutner, referring to the state legislature. The district hired hundreds of substitutes teachers to keep schools open and cover for those on the picket lines.“The painful truth is we just don’t have enough money to do everything that UTLA is asking Los Angeles Unified to do,” Beutner said. “The state and county regulators have told us this repeatedly. An independent expert appointed by the state of California has said exactly the same thing.”The striking educators are asking for a 6.5 percent pay raise, small class sizes and for the district to add about 1,200 support staff positions, including counselors, nurses and librarians.Beutner said if the district were to give the UTLA everything it wants, it would cost the district an extra $800 million a year.He said the state-appointed independent fact finder has told the school district that it has resources to invest $30 to $90 million more.“We haven’t found a way to find those dollars. The county and the state and the independent fact finder have said we do not have the dollars,” Buetner said.Copyright © 2019, ABC Radio. All rights reserved. read more
@LAKauffman/Twitter(NEW YORK) — Nine climate change activists were arrested while staging a protest at the nation’s most famous ice skating rink on Saturday.The activists, who laid down in the middle of the ice rink at Rockefeller Center around 2:45 p.m., were part of a group called the Extinction Rebellion. The protesters formed an hourglass logo with a circle around it — the group’s logo.The protest was part of what the group called a “nationwide day of nonviolent civil disobedience and protest,” according to its website.The nine arrested protesters were taken to the police department for processing, but charges were not announced, according to New York ABC station WABC.“That was one of the actions that we — the Extinction Rebellion — had planned, and it was intended to create a very stark visual, drawing attention to the urgency of the matter, which is that climate change breakdown poses an immediate and existential threat to life on earth,” organizer Rory Varrato told WABC.The group also unfurled a banner on the bronze Prometheus statue next to the rink reading “Climate Change = Mass Murder” and “Rebel for Life.”Despite the protest, and NYPD officers milling about the demonstration, dozens of skaters continued to use the rink.Extinction Rebellion’s Twitter page decried the arrests taking place “while the corporatocracy aided & abetted by the MSM [mainstream media] commits ecocide.”The protesters want the government to acknowledge the truth about the climate, enact laws to reduce carbon emissions to zero by 2025 and institute a Citizens Assembly to monitor the change, according to their site.President Donald Trump has actively denounced climate change and ridiculed the concept on his Twitter page. Just a week ago, the president warned people of cold weather in the Midwest and Northeast and joked, “Wouldn’t be bad to have a little of that good old fashioned Global Warming right now!” He’s used a similar line — despite its scientific inaccuracy — many times in the past.Trump also pulled the U.S. out of the Paris Climate Accord in June 2017, the agreement signed by 147 countries in April 2016, which included a pledge to reduce emissions of greenhouse gases that contribute to climate change.Copyright © 2019, ABC Radio. All rights reserved. read more