Is Toulon for sale?

first_imgThe club have been tight-lipped on the subject, but Toulon president Mourad Boudjellal still seems to be taking steps towards selling the club. Cash is the keyThe sale “could be finalised before the end of the month”, according to the paper. Boudjellal won’t sell until he has “ultimate bank guarantees” that money-man Barba has the financial means to continue what was started in 2006. Since then Boudjellal, who has invested an estimated €7m of his own money, quadrupled the club’s budget to €25.5m and increased annual turnover from €7m to €30m.Attacking force: Samu Manoa on the charge for star-studded Toulon. (Photo: Getty Images)The club’s wage bill has also increased to a little over €10m during the same period, which is why Boudjellal wants to be sure Barba has the money to match his ambition. As Simon recently acknowledged: “Mourad has created a winning model and, with my associate, we are aware of the task which awaits us if we are chosen.”Barba doesn’t appear to be short of a few bob. The 51-year-old Frenchman is described as discreet, publicity-shy and in possession of a sharp business brain. His fortune has been made with an investment fund in France and a production company in the USA, which produces four or five films a year for the Video On Demand and DVD markets. According to Midi, Barba recently sold a property in Key Biscayne, Florida, for $10.5m.Mayor and council have a say Toulon took to Twitter on Monday afternoon to officially deny a report in Midi Olympique that they were courting Glasgow lock Jonny Gray. That was soon followed by a Tweet from the club’s fly-half, Matt Giteau, dismissing a suggestion in the same newspaper that he plans to retire at the end of the season.In contrast, the club has been conspicuous by its silence this month in response to the story that Mourad Boudjellal is in the throes of selling Toulon. Rumours that he was thinking of getting out of the game first emerged last month. Since then, the story has gathered pace with little word from the Toulon president but plenty of comment from the other parties involved.This Monday’s Midi Olympique quoted one of the lawyers involved in negotiations saying the sale should be agreed within “eight to ten days”. The paper alleged that Boudjellal will sell his 51 per cent stake in Toulon as well as his Red & Black business, which owns the club’s four boutiques and two brasseries, for around €10m.Splashing cash on Ash? Is Chris Ashton heading for Toulon? (Photo: Getty Images)Are new signings a sign?Is Boudjellal just playing games? Many sceptics in France believe so, and say he will never relinquish the stake he acquired a decade ago. What about all the players he is chasing for next season, they say? Chris Ashton has allegedly already agreed terms; Israel Dagg is poised to do the same; Ma’a Nonu has been discussing an extension with his club president, as has Bryan Habana. Hardly the behaviour of a man about to bail.But, according to Midi Olympique, Boudjellal will recruit heavily in the coming months so that his legacy is a world-class squad. That will mean reflected glory for him if they win titles in the seasons to come, while also putting pressure on his successor to meet the stars’ salaries.That’s why he’s playing hardball with Gerard Barba and Lucien Simon, the two men tipped to become the next owners of Toulon. According to reports, the three men and their legal teams have met three times in recent weeks and a fourth discussion is scheduled for this Thursday. Trophy hunter: Mourad Boudjellal has brought huge success to Toulon. (Photo: Getty Images) center_img LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS If Barba and Boudjellal agree on the terms of a sale, the next step for Boudjellal is to present details of the deal to the club’s remaining four stakeholders and the administrative council – SASP (Societe Anonyme Sportive Professionnelle). Under French law, when a sporting organisation generates revenues in excess of €1.2m an administrative council must be formed.Council house: Stade Felix Mayol is owned by Toulon’s city council. (Photo: Inpho)Boudjellal and SASP meet on 8 November and monitoring proceedings with interest will be Toulon Mayor Hubert Falco, whose city council owns the Stade Mayol and the club’s training facilities. Though he has no influence in the actual sale, he did use an interview in L’Equipe to issue a warning: “As I am in the habit of saying, Toulon rugby club belongs to the people of Toulon. Anyone who would like to take it over will have to come and knock on the door of the town hall. I have the keys to the Mayol. If the buyer doesn’t come and knock on the door he can buy the club…but he will play elsewhere and it will no longer be Toulon rugby club.”last_img read more

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April’s showers nearly double the average rainfall for many counties

first_img TAGSRainfallSt. Johns River Water Management District Previous articleApopka Burglary ReportNext articleAAA: 1 in 5 U.S. Drivers Want an Electric Vehicle Denise Connell RELATED ARTICLESMORE FROM AUTHOR Please enter your name here Share on Facebook Tweet on Twitter Support conservation and fish with NEW Florida specialty license plate LEAVE A REPLY Cancel reply Free webinar for job seekers on best interview answers, hosted by Goodwill June 11 The Anatomy of Fear Please enter your comment! You have entered an incorrect email address! Please enter your email address here From the St. John’s River Water Management DistrictAll counties in the St. Johns River Water Management District’s service area experienced higher-than-average rainfall during April, with several counties seeing twice their average. This is a departure from last year’s data when rainfall was trending significantly below average. A full hydrological report was presented today during the district’s governing board meeting.April’s showers brought the 12-month rainfall total to above average, with a zone of very high rain running through northern Alachua, most of Putnam, southwest St. Johns, and northwest Flagler counties. Districtwide, the annual rainfall total is more than 11 inches above average.Bradford, Clay, St. Johns, Alachua, Putnam, Marion, Flagler, and Volusia all received enough rainfall during April to double their monthly average.Putnam County had the highest rainfall, with 7.4 inches.The southernmost part of the district, including Indian River, Osceola, and portions of Brevard County, all had average rainfall, ranging from 2.4 to 2.7 inches.About the SJRWMDSt. Johns River Water Management District staff are committed to ensuring the sustainable use and protection of water resources for the benefit of the people of the district and the state of Florida. The St. Johns River Water Management District is one of five districts in Florida managing groundwater and surface water supplies in the state. The district encompasses all or part of 18 northeast and east-central Florida counties. District headquarters are in Palatka, and staff also are available to serve the public at service centers in Maitland, Jacksonville, and Palm Bay. Save my name, email, and website in this browser for the next time I comment.last_img read more

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With my Love / Yoon Space Design

first_img “COPY” ArchDaily Year:  2012 2012 ShareFacebookTwitterPinterestWhatsappMailOr Clipboard Save this picture!© Song Gi-myoun+ 28 Share Lighting Design:Kim Do-yeonArchitect In Charge:Yoon Seok-minDesign Team:Shin Hwa-young, Lee Yong-hun, Ko Yu-riCity:Jincheon-gunCountry:South KoreaMore SpecsLess SpecsSave this picture!© Song Gi-myounRecommended ProductsEnclosures / Double Skin FacadesFranken-SchotterFacade System –  LINEAEnclosures / Double Skin FacadesIsland Exterior FabricatorsCurtain Wall Facade SystemsEnclosures / Double Skin FacadesAlucoilStructural Honeycomb Panels – LarcoreEnclosures / Double Skin FacadesRodecaRound Facade at Omnisport Arena ApeldoornText description provided by the architects. A gable roof stands out amongst the improved age-old Korean traditional houses in Jincheon in South Korea. The unique white modern house accentuated by vivid orange color attracts people’s eyes. Under the concept of a ‘home where I want to spend my life with my partner’, the designer suggests comfortable and amusing design.Save this picture!Floor PlanThe outside is defined by flowers in full blooms and building-shaped windows, while on the inside, a cozy feeling comes from the wood flooring and walls as well as from the white ceiling. Spaciousness is maximized by the walls and flooring finished in the same material, built-in furniture, and a seamless door design that only exposes its handles. The lighting evoking a piece of floating cloud completes unique house design.Save this picture!© Song Gi-myounProject gallerySee allShow less2014 RIBA London AwardsArchitecture NewsSchool of Economics and Business Diego Portales University / Rafael Hevia + Rodrigo …Selected Projects Share “COPY” ShareFacebookTwitterPinterestWhatsappMailOr Clipboard Shinsuk Construction Co. Ltd, Park Yun-soo Area:  146 m² Area:  146 m² Year Completion year of this architecture project Year: center_img With my Love / Yoon Space DesignSave this projectSaveWith my Love / Yoon Space Design Architects: Yoon Space Design Area Area of this architecture project South Korea Photographs photographs:  Song Gi-myounPhotographs:  Song Gi-myoun CopyAbout this officeYoon Space DesignOfficeFollowProductsWoodGlassConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesJincheon-gunHousesWoodSouth KoreaPublished on May 06, 2014Cite: “With my Love / Yoon Space Design” 06 May 2014. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogMetal PanelsAurubisCopper Alloy: Nordic BrassCompositesMitrexPhotovoltaic Solar Cladding – BIPV CladdingPanels / Prefabricated AssembliesTechnowoodPanel Façade SystemArmchairsUniForArmchair – ParigiLouvers / ShuttersBruagShading Screens – Perforated Facade PanelsAluminium CompositesSculptformAluminium Façade BladesCultural / PatrimonialIsland Exterior FabricatorsSeptember 11th Memorial Museum Envelope SystemWire MeshJakobWebnet in a Gymnasium in GurmelsDoorsLinvisibileLinvisibile Pocket Door | MareaPaintKEIMMineral Paint for Concrete – KEIM Concretal®-WLouversReynaers AluminiumSolar ShadingHandlesFormaniFitting Collection – ARCMore products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream With my Love / Yoon Space Design Projects Houses CopyHouses•Jincheon-gun, South Korea Constructor: last_img read more

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MM Group’s charity supporters list grows to 200,000

first_img About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of Researching massive growth in giving. AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 29 May 2001 | News  14 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThiscenter_img MM Group’s charity supporters list grows to 200,000, MM Group’s List Division, has announced that its Charity Supporters Database has been updated to include over 200,000 names, all with 0-12 months recency., MM Group’s List Division, has announced that its Charity Supporters Database has been updated to include over 200,000 names, all with 0-12 months recency. Listbroker say that “there are no restrictions” on the list, “which makes it ideal for charity appeals.” They add that “the profile is typically female, aged 40 and upwards.”Find out more from Advertisementlast_img read more

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All out for Palestine!

first_imgCredit: SamidounPalestinians in Jerusalem, in Gaza, throughout Palestine and in exile are fighting for their rights and their lives after 73 years of Nakba (the Catastrophe–meaning the founding of Israel). On May 11 alone, Israeli drone warplanes killed 24 Palestinian civilians, including nine children, in Gaza. Hundreds of Palestinians were injured by Israeli occupation forces, who launched provocative attacks on Al-Aqsa Mosque.  Palestinians in the Sheikh Jarrah neighborhood of East Jerusalem fought forcible eviction and displacement by settler colonial mobs. Join Al-Awda, the Palestine Right to Return Coalition, and come out for Palestine now! Join these rallies and raise your voice for Palestine at this critical moment.Los Angeles, May 11: Emergency Rally: All Out for Palestine! Los Angeles, May 15: Nakba 73 – Resistance Until Liberation Rally & ProtestSan Francisco, May 15: Nakba 73 – We Will Return!New York/Brooklyn, May 15: Nakba 73 – Defend Palestine from the River to the Sea!Paterson, N.J.,  May 16: Nakba 73 – Defend Palestine from the River to the Sea!For more information on the Week of Palestinian Struggle, May 15-22, go to See an international list of events for Palestine at and’s take to the streets for Palestine! FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

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Poland’s independent media harassed in run-up to presidential election

first_img PolandEurope – Central Asia Condemning abusesProtecting journalistsMedia independence Covid19Freedom of expressionJudicial harassment Poland is ranked 62nd out of 180 countries in RSF’s 2020 World Press Freedom Index, three places lower than in 2019. TVN, a commercial TV channel owned by the US media group Discovery, has meanwhile been targeted by an aggressive smear campaign. The public TV broadcaster TVP, known for its close relationship with the government, attacked TVN’s main news programme every day from 14 to 18 April, accusing it of lacking professionalism or of having links with the pre-1989 Communist intelligence agencies. The attacks were clearly designed to undermine the credibility of TVN – which is critical of the government – in the run-up to the election, in which President Duda is seeking another term. “The unjustified pressions against independent media on the pretext of combatting the coronavirus pandemic or supposed links with the former Communist regime are unacceptable,” said Pavol Szalai, the Head of RSF’s European Union and Balkans Desk. “The attacks are all the more reprehensible for taking place in the pre-electoral period when citizens need reliable information in order to decide how to vote.” Organisation News Two journalists have been accused of violating sanitary rules while covering anti-government gatherings. In another case, the private television channel TVN has been a target of repeated attacks. Reporters Without Borders (RSF) asks the Polish authorities not to abuse the sanitary crisis to sabotage the work of independent media as they report on the electoral campaign. When another journalist, the freelance reporter Włodzimierz Ciejka, filmed an anti-government protest on 28 March, he was detained at a police station for two hours on the grounds that he had violated a Covid-19 lockdown ban on public gatherings. JANEK SKARZYNSKI / AFP Poland’s new social media law puts freedom of expression at risk, RSF warns Follow the news on Poland May 7, 2020 Poland’s independent media harassed in run-up to presidential election May 10, 2021 Find out more to go further June 2, 2021 Find out morecenter_img Two journalists are subjected to judicial proceedings for covering anti-government protests. One is Wojciech Jakub Atys, a photographer with the daily Gazeta Wyborcza, who has been summoned to appear in court for covering a protest outside PiS leader Jarosław Kaczynski’s Warsaw home on 29 March. He is facing a possible fine of up to 60,000 zlotys (approximately 13,000 euros) for allegedly failing to observe social distancing rules by gathering in a public place with other persons. In fact, only a handful of people attended the protest, called to oppose electoral law changes allowing voters to cast their ballots by post because of the pandemic. PolandEurope – Central Asia Condemning abusesProtecting journalistsMedia independence Covid19Freedom of expressionJudicial harassment News January 28, 2021 Find out more Help by sharing this information With firing of four editors, “repolonisation” under way in Poland News Intensity of attacks against Poland’s independent media is growing in the run-up to the presidential elections that the ruling Law and Justice Party (PiS) and President Andrzej Duda insisted, until yesterday, on holding on 10 May despite the Covid-19 pandemic. Receive email alerts Use the Digital Services Act to make democracy prevail over platform interests, RSF tells EU News A video-reporter with the independent news site, whose name has not been given by the portal, is currently subjected to a similar judicial harassment. For going to cover a planned protest outside Kaczynski’s home on 10 April that eventually did not take place, she is facing a possible 13,000 euro fine on two absurd charges – failure to respect social distancing and organising a public gathering. RSF_en last_img read more

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Remembering H M Seervai

first_imgColumnsRemembering H M Seervai V.Sudhish Pai25 Jan 2021 10:12 PMShare This – xIt is 25 years since the great and incomparable Homi Seervai passed away and it is appropriate that we remember and pay tribute to him on this occasion. It is given to very few to receive high honours while not compromising the highest standards of integrity and independence. Hormasji Maneckji Seervai is a shining example of that rare breed. He was born on December 5, 1906 at Bombay….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?LoginIt is 25 years since the great and incomparable Homi Seervai passed away and it is appropriate that we remember and pay tribute to him on this occasion. It is given to very few to receive high honours while not compromising the highest standards of integrity and independence. Hormasji Maneckji Seervai is a shining example of that rare breed. He was born on December 5, 1906 at Bombay. He lost his father and his childhood early at the age of 14 in 1920. He was educated at Bharda New High School and Elphinstone College, Bombay from where he passed out with M.A. in Philosophy. Thereafter he studied law in the Government Law College. He taught English Literature at the Elphinstone College for sometime. Seervai took the plunge and joined the Bar in 1929. He made no compromises and took no short cuts. To begin with he was a pupil in the chamber of M.L. Manecksha who guided him and directed him to Sir Jamshedji Kanga who had ‘vast and varied practice and great legal capacity’. Thus in February 1933, Seervai joined the chambers of Sir Jamshedji who was then the Advocate General of Bombay and there began an association and a career so glittering and conspicuous in recent times. Kanga’s chamber was a highly reputed and successful one and was the training ground for many eminent lawyers. Seervai attended to a large part of Kanga’s opinion work, besides litigation. He acquired a reputation for thorough and meticulous preparation and absolute fairness. Combined with this was his powerful personality, his deep knowledge of law and mastery of the English language. He was also gifted with a phenomenal memory. Seervai had his long years of waiting before success came his way and he saw lesser men forge ahead and achieve success because of other considerations. But nothing deterred him, nothing made him ‘to swerve from truth or change his constant mind’. He had his break in 1941 with the famous ‘Telephone case’- a case filed against the Government Telephones Board where he was opposed by eminent counsel. It was argued before Justice Chagla and it brought recognition to Seervai and his arguments – about his persistent, fearless and unflinching stand. That was the precursor of his innumerable stellar performances. He was a man of integrity in every way in the best and noblest sense of the term. Transparent sincerity, total commitment to whatever he did, inflexible rectitude in life, strict adherence to the principles and values he believed in and the indomitable courage to stand up and fight for them were his hallmarks. He was of the view that a person without commitment is like a rudderless ship. Seervai was always fond of quoting and practised what Scott said: “Without courage there cannot be truth; And without truth, there can be no other virtue.” He was a true Zoroastrian believing in and living up to its tenets of good thoughts, good words and good deeds. He was an exemplar in intellectual integrity- that rare quality which stands for the unity of one’s thoughts, words and deeds. Early in his career he took on a judge who he believed was guilty of improper conduct and behaviour. He carried the matter to Chief Justice Chagla who changed that judge from the Original Side to the Appellate Side. Sir Jamshedji who venerated the office of judgeship was appalled by what Seervai did. Seervai unflinchingly told him that he would not compromise in this and if his action embarrassed or displeased Kanga, he would leave his chambers. The noble Kanga replied that Seervai was entitled to do what he thought to be right and there was no question of his leaving the chambers. Later Seervai opposed the Bar giving a felicitation and farewell to that judge on his elevation to the Supreme Court. He exemplified the dictum that toleration is the virtue of those who have no convictions. Seervai was by nature studious and was a voracious reader. He was conspicuous in the Bar Library confidently making statements and giving his views on cases as well as on other contemporary issues. When Seervai began his career there was hardly any litigation in constitutional law and like others in the city of Bombay he was in commercial law litigation. In 1950 the Bombay Prohibition Act came under attack and the case was before a formidable Full Bench presided over by Chief Justice Chagla. Seervai was engaged as a junior counsel by the Government with the then Advocate General C.K. Daphtary leading. Defending such a cause came naturally to Seervai, a lifelong and committed teetotaller. It fell to his lot to give the final reply. He did it with great vigour and conspicuous success persuading a hostile Court to hold in the Government’s favour, at least on some points and it went further in favour of the Government in the Supreme Court –F.N.Balsara’s case (AIR 1951 Bom 210 and AIR 1951 SC 318). He was thereafter much sought in Government cases. Again Seervai was briefed by the State Government to defend its decision to ban prize competitions. Having lost before the single judge and the appellate court, he single-handedly fought in the Supreme Court and won for the Government its case to ban prize competitions/lotteries- RMDC case (AIR 1957 SC 699). Like his senior, Sir Jamshedji Kanga, law was the element of his life. He was known for his single-minded devotion to a case and his painstaking industry. Whatever he did, he had total dedication- be it a case in court, the writing of his book or the advocacy of a cause he believed in. His exposition of the legal principles was authoritative and his advocacy fearless. He was a perfectionist. The lure of high fees and public adulation did not matter to him or the unpopularity of the cause. Excellence in the discharge of his professional obligation was all that counted and that was his only standard. He laid great emphasis on counsel’s primary duty to assist in the administration of justice and equally on the values of intellectual honesty, impartiality and independence in a judge. There could be no compromises in all this. In 1957 Seervai, “who led the Bar in integrity and intellect,” to use Palkhivala’s words, was appointed Advocate General, “the high office he so well deservedly obtained.” He held that office for 17 years with great brilliance, distinction and dedication. He devoted himself whole- heartedly and exclusively to Government work. There was no bar to his doing private work, but he hardly took up any. The fees he received were modest. This was perhaps the most prominent and glorious period of his professional career which spanned over six decades. He was able to maintain the high stature of his constitutional office and his own position by reason of his being apolitical as much as by his learning and values and the sheer force of his personality. His opinion was sought by the Government in several matters, often times difficult and delicate, and it was accepted without demur. In the matter of Government accepting a Court decision or preferring an appeal therefrom, Seervai as the Advocate General had the last word. It is said that appearing for the State as Advocate General in the land acquisition references he would not yield a rupee more than what the evidence justified, but if he found that the opposite party-claimant was poorly represented he would go out of the way to suggest enhancement of compensation if he felt it was just and proper to do so. Such was his sense of propriety and fairness. He was a true and undoubted leader of the Bar. He epitomized what an Advocate General should be. He was accessible to all and always kind to whoever came for conference with him. Everyone was put at ease and the conference proceeded at a leisurely pace. He was extremely thorough and painstaking and patient too. He was never derisory of anyone, or of any view or argument, whatever its source and it was always patiently examined, discussed and reasoned. Listening to his arguments and exposition of law was a great learning. He had deep insight into law and its history and he traced its evolution with a historic perspective. His preparation was always a complete and in-depth study. No case, however small or unimportant, was dealt with without the facts being wholly mastered and the law fully investigated. Seervai was generous with his time and was always ready to help and advise colleagues and heartily did so and sometimes even without such help being sought. He did not accept conflicting assignments and not more than one brief at a time. Once he took up a case he was fully into it; and when a case was argued he would be present in court throughout. His ability was matched by his courage. His resignation from the post of Advocate General in 1974 was on a principle. He would never compromise the position of the Advocate General and the respect due to it. Seervai’s eminence as a counsel and his fearless advocacy led to his being briefed by other States and parties, apart from Bombay/ Maharashtra whose Advocate General he was. ‘Where he was not constrained by his personal convictions of inequity, no more redoubtable defender of the Government’s power and privileges could be found than in Seervai.’ He vigorously defended the Government’s privilege of not disclosing documents on the ground of it being injurious to the State’s interest – State of Punjab vs. Sukh Dev Singh Sodhi (AIR 1961 SC 493). In the well known case of K.M.Nanvati vs. State of Bombay (AIR 1961 SC 112) Seervai as Advocate General successfully defended before a Special Bench of the High Court the Governor’s exercise of power of pardon to suspend the sentence of life imprisonment, pending the appeal in the Supreme Court. This was however reversed by the Supreme Court by a majority with Justice Kapur dissenting. It is this that paved the way for Seervai’s classic work on Constitutional Law. Seervai’s finest hour was his appearance for the U.P. Assembly in the Presidential Reference re: legislative privileges (AIR 1965 SC 745). The Speaker was advised that only an eminent English counsel with a sound knowledge of the law and custom of Parliament could effectively defend the privileges of the Assembly. The Speaker having heard of Seervai went to Bombay for consultations with him and entrusted him the Assembly’s brief. Seervai gave up all other work for the preparation of this case. He would not flinch from advancing any argument to defend the Assembly’s privileges, however unpopular it may seem to the Court. At the very outset he told the Court that by his appearing for the Assembly, the Assembly was not submitting to the jurisdiction of the Court to have its privileges examined but was present only to assist the Court and apprise it of the correct legal position. The high point perhaps was a question from Justice J.C. Shah as to what would be the position if the Court quashed the Legislature’s warrant and ordered release of the person arrested for its alleged contempt. Seervai boldly responded that as the Court’s order was a nullity it would have to be ignored! It was a rare display of forensic courage and fearless advocacy born out of knowledge and conviction. Seervai was sharply critical of the Supreme Court majority judgments in Golaknath and Kesavananda Bharati. In the latter case he appeared for the State of Kerala and led on behalf of the respondents. But he changed his view about the basic structure doctrine in the light of experiences of the Emergency. During the Emergency when sixteen High Court Judges were punitively transferred Seervai took up their cause and argued the writ petition in the Gujarat High Court. He appeared in I Judges case {S.P. Gupta -AIR 1982 SC 149} – challenging the transfer of High Court Judges. Seervai was always candid and forthright in court. Once in the Supreme Court he was arguing cases of preventive detention. After Seervai elaborated the distinction between punitive and preventive detention, Justice Beg made a rather unguarded remark that after all detention was detention and he did not quite understand the difference between the two. Seervai then lowered his voice and chided the judge: “My Lord, there is a clear difference between preventive detention and punitive detention even though it may not be always apparent. For instance, there is a time when it is day and there is a time when it is night. In between there is dawn and, later, dusk when it is difficult to insist at a particular point whether it is day or night, but only a strange mind would discern no difference between day and night.” There was silence in the court room. On another occasion when Seervai was in full flow of argument before a Bench presided over by Justice Tarkunde and one of the issues that arose was about the earning of lawyers as compared to judges, Tarkunde casually remarked whether he-the Advocate General did not think that judges would have earned much more if they continued at the Bar. The response was so characteristic of the man. Seervai paused, lowered his head and brought the tips of his fingers together and apparently took a count. After a few minutes he raised his head and said; “My Lords, I have reflected on the subject. While some of Your Lordships would have earned more, many would not.” The poor judges were left to speculate to which category they belonged. Seervai had a large opinion practice. This is an area where clients want to be advised the correct legal position and expect the lawyer to study the problem from all angles and give the correct, honest opinion. While arguing in Court counsel submits a statable point, in giving an opinion the lawyer expresses what he believes the law to be. There is no doubt that Seervai with his knowledge of the law, willingness and aptitude to put in long hours of work and very high standard of integrity made an outstanding opinion lawyer too. He was a brilliant speaker. His address to the 5th Commonwealth Law Conference in Edinburgh in July 1977 on ‘The Place of Law Officers and the Ministers of Justice’ is regarded as a masterpiece. He was also a prolific and elegant writer. His reading and love of literature encompassed a wide range. His mind was well stocked with Literature and Philosophy apart from law. He practised law in the grand style and with his knowledge of history and literature, he was an architect. He was basically simple and unostentatious, but like a true Aristotelian, he took pride in his abilities and his work and in being a virtuous man. His standards of probity were astounding. He practised what he preached. When he went to Delhi to the Ashoka Hotel, he would insist on staying in a room which had no balcony because a room with balcony would cost fractionally a little more. Even though appearing for a Five-Star client, he would not stay in a Five Star hotel. In the Judges’ case, the Bombay Bar had requested him and other colleagues to appear for them. Seervai was the leader of the team and he had made it clear that since the Bar was paying for the lawyers and sending them to Delhi, no lawyer should send his clothes to the hotel laundry or telephone from Delhi. When any guests joined Seervai for dinner at the hotel when he was out of Bombay, Seervai asked for two separate bills, signed his own bill and paid cash for the guests, even if the guest was his son. When a young colleague asked as to what was wrong in charging high fees when clients were willing to pay, his answer unhesitatingly was: “If a man is willing to be robbed, would you be a thief?” It is said that a Bombay Solicitor went to Seervai for an opinion in a complicated case. Seervai held long conferences and called the Solicitor and the client about 6 or 7 times. After the opinion was delivered, when Seervai’s bill was given to the Solicitor, the Solicitor expressed shock at the paltry amount that he had charged. He went straight to Seervai and told him to increase the amount charged, as what was charged would not reflect the amount of work Seervai had put in. Seervai’s answer was remarkable. He told the Solicitor that the client had come for his opinion on the assumption that Seervai knew the law. It took Seervai 6 or 7 long conferences and a lot of reading by himself in between those conferences, to best acquaint himself with the law. It was, Seervai said, for Seervai’s knowledge of the law and not for his ignorance of it that the client had come to him. Therefore the fees charged, (which were abysmally low), were fully justified on this count. He brought to bear to a practical and highly mercenary, and at times unprincipled, legal profession a moral eminence. It is universally recognized and Seervai also believed that his most abiding and enduring contribution to law was his work, ‘The Constitutional Law of India’ which “has an assured place among the great legal treatises of the world,” to quote Lord Bingham. Seervai started writing his critical commentary in 1961. It took him six years to publish the first edition in 1967 and he relentlessly worked on it for 35 years to produce four editions. It is a work from a historic perspective tracing the evolution of various concepts and principles; the analysis is deep and the criticism of views which did not win his approval, is biting. The criticism is sometimes too harsh and personal, a blemish in an otherwise monumental achievement. But perhaps, as Lord Keynes said: “Words have sometimes to be harsh since they represent an assault on the thoughts of the unthinking.” He was essentially a family man who deeply loved his home and family. In his own words, his heart and treasure were in his home. He was invited to be a judge of the Bombay High Court; then offered a Supreme Court judgeship in 1956 (which if taken would have given him a 15 year tenure-5½ as Chief Justice) and the office of the Attorney General for India in 1971. He declined all these as it would disrupt his family life and he would have to move out to Delhi and for reasons that had to do with his book. He wrote other works also. But to this book he devoted all his energy, time and talent. His letter to the Law Minister declining the offer of Attorney General-ship brings out his commitment to expounding the law: “It seems to me that my best contribution to Constitutional and Administrative law in our country does not lie in my arguing Constitutional cases before the Supreme Court and before various High Courts-exciting and financially remunerative as such arguments can be. The best contribution that I can make is to embody in the successive editions of my book the result of much reflection and careful and patient analysis of judicial interpretation of the Constitution.” Despite his high profile in the legal profession and his great achievements he was a very private person. He was not inclined to befriend people merely because they were influential or important but he was deeply loyal and devoted to his old friends regardless of their condition or status in life. While he appeared somewhat forbidding in manner and stern in looks, behind the austere exterior was a very human person, sociable and kind, ready and keen to help someone in need. He had a genuine feeling and concern for others. He was never aloof, he always greeted you with a disarming smile and made you feel at ease. It is said that if you were next to him at any function he would make conversation with you. He could talk on many themes and one would be struck by the breadth of his knowledge. He would say that in the legal profession one had to know something about a variety of subjects. His generosity was great. Remembering that money was not aplenty when he was growing up, he would help others, particularly students, in need. The employees in his chamber would borrow money which more often ended as gifts. Even if they had borrowed money and asked for further loans, while he would initially refuse, he would then write a cheque. He held strong and definite views on many subjects and never hesitated to express them. He was a strict teetotaller. He was particularly hostile to liquor. He viewed others taking liquor with obvious disapproval but restrained tolerance. Restraint and control were major elements of his character and he was never known to lose his temper or self control. Seervai was an extremely methodical and disciplined person, very particular about punctuality and meticulous in all that he did. There was a time for everything. He had an eye for detail and paid attention even to little things like how to prepare tea- his favourite drink or the best buttered toast which was again his favourite. He was generous to all especially his juniors to whom he gave credit and encouragement. He was a formidable advocate and a truly outstanding lawyer, not necessarily a fashionable one, who could face any situation in Court and cope with any question from the Bench. Though sometimes he was irritated, he was never ruffled in Court nor did he lose his temper. He was generally confident and optimistic in his outlook. When people complained or grumbled about the present day state of affairs he would ask them to pause and read out a piece bemoaning the decline of civilization, the laxity of society, the wildness of the young who no longer respected their elders and so on. He would remark, “Well, it is from Thucydides, around 400 BC and here we are, so things can’t be all that bad.” He always faced a situation, however bleak, with fortitude and optimism, looking for and often finding, some positive aspect or some way of relieving it. All his life Homi Seervai retained a temperament which turned him from bawdy stories, borderline jokes and banal gossip. Euphemisms were lost on him. Speaking of what goodness really meant to him Seervai said: “In practice, if we want to ascertain what actions are good we must appeal to the “man of practical wisdom”, that is, a man who has shown by his own actions that he is a good man. We think of him as a man of broad sympathies and a sound intuitive judgement as regards problems of conduct. He is a self controlled or temperate man and it will be found that he lays burdens upon himself which he does not expect others likewise to bear, for he makes allowance for human frailty. And, speaking for myself, I should like to think of him as a kind man, for I doubt whether a man can be really good if he does not love his fellow men.” He lived up to it! It was my privilege and good fortune to receive Seervai’s affection and guidance. I had never known him. The contact began with a letter which I wrote in 1982 while studying law and which was under some misapprehension wrongly addressed. It reached him and he hastened to reply. His letters then contain some sound practical advice for law students and upcoming lawyers. He emphasised the need to be a sound, competent and not necessarily a fashionable lawyer. Seervai passed away in his 90th year on 26 January 1996. It may be said that his dedication to his book was so complete that he compelled even Death to wait until he fully completed the last edition on 25 January, the next day he was no more. That work is indeed his monument. He departed on Republic Day, the day when the Constitution came into force. His reverence for the Constitution and endeavours in cultivating the spirit and culture of constitutionalism and educating the people in that behalf have been splendid and inspiring and have placed us under an irredeemable debt of gratitude to him. His life is an inspiration, his memory a benediction. We have to record our gratitude for a life to which we owe so much. The love and respect with which we light his memory is a measure of his greatness both as a lawyer and a man. When comes such another!Views are personal.Next Storylast_img read more

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Journalist’s Disorderly Conduct Causes Irreparable Damage To Journalism, High Time That Govt. Reviews List Of Accreditations: HP High Court

first_imgNews UpdatesJournalist’s Disorderly Conduct Causes Irreparable Damage To Journalism, High Time That Govt. Reviews List Of Accreditations: HP High Court Sparsh Upadhyay15 April 2021 8:48 AMShare This – xBecause of mushroom growth of journalist and the cut-throat competition amongst the journalists themselves, their standards are declining leading to the decline of the institution of Journalism: HP HCIn a significant observation, the Himachal Pradesh High Court last week opined that because of mushroom growth of journalist and the cut-throat competition amongst the journalists themselves, their standards are declining leading to the decline of the institution of Journalism. The Bench of Justice Tarlok Singh Chauhan was hearing the plea of an Editor of the Hindi Weekly namely…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?LoginIn a significant observation, the Himachal Pradesh High Court last week opined that because of mushroom growth of journalist and the cut-throat competition amongst the journalists themselves, their standards are declining leading to the decline of the institution of Journalism. The Bench of Justice Tarlok Singh Chauhan was hearing the plea of an Editor of the Hindi Weekly namely ‘Him Ujala’ who submitted before the Court that despite working as a Journalist for more than 13 years and winning many awards, his accreditation had been canceled only on the ground that there are certain FIRs pending against him. Submissions made before the Court Assailing the impugned action on the part of the State of Himachal Pradesh in stopping publication of the tenders and classified ads of the government and further not renewing the accreditation of the petitioner, the Petitioner submitted that it was a direct attack on the freedom of the press. He also alleged that his newsweekly was being financially crippled as the publication of the government tenders, notices, and classified ads was a major source of income of the petitioner and further, the HP State was depriving the petitioner of the facilities which were usually available to the correspondents and journalists of the State. It was also averred that the freedom of the press was one of the pillars of Democracy and it was imperative to ensure that there was no attack on the freedom of the press and, therefore, also the action of the respondents-State was illegal. Importantly, it was averred that the petitioner had been targeted because he had been publishing news items regarding corruption and irregularities committed by the political leaders, who had amassed huge wealth. State’s submission The state submitted before the Court that the Petitioner was placed before the Press Accreditation Committee, the final authority as per Rule 4 of H.P. Press Correspondents Accreditation and Recognition Rules, 2002 (for short ‘the Rules’). Importantly, it was submitted that on 15th July 2014, the Committee, after scrutiny of the record, decided to keep him under suspension the accreditation of the petitioner till the final outcome of the criminal cases pending against him in various Courts. It was also stated before the Court several FIRs had been registered against the petitioner on various charges. Court’s observations At the outset, the Court observed that in the instant case, the accreditation of the petitioner had simply been suspended till the final outcome of the criminal case in exercise of sub-rule (2) of 14. Further, referring to the case of Surya Prakash Khatri vs. Smt. Madhu Trehan, 1992 (2001) DLT 665, wherein the Supreme Court had observed that the power of the Press is almost like nuclear power – it can create and it can destroy, the Court opined, “The media has often been called the handmaiden of justice, the watchdog of society and the judiciary, the dispenser of justice and the catalyst for social reforms. Hence, it is the utmost responsibility of all the media houses, news channels, journalists, and press to ensure that their conduct is above-board and they discharge their duties in a responsible manner.” Further, the Court stressed that the Press in India, had played pivotal role at various challenging and testing times, however, the Court also added that as is common with any other institution, certain disturbing tendencies have crept into this institution also. “It is imperative that people with absolute integrity and dedication for the cause hold reins of the chariot of journalism and in case their own conduct is under scanner, then the same reins are to be withdrawn till so long the journalist is not cleared of all the charges”, observed the Court. The Court also observed that disorderly conduct by a journalist besides causing irreparable damage to the institution would also cause huge irreparable loss to the journalism. The Court also stressed that the institution of journalism was crumbling and because of mushroom growth of journalist and because of the cut-throat competition amongst the journalists themselves, their standards are declining leading to the decline of the institution of journalism itself. Other important observations of the High Court High time that the State Government review and revise the list of accreditations so as to ensure that only genuine and credible correspondents etc. are accorded accreditation.It has to be ensured that accreditation is granted at the state level based on the publication’s circulation in Himachal Pradesh and not merely on the basis of the appointment letter of the Editor of the concerned paper.The Rules need to be suitably amended by clearly setting out therein the time frame which the accreditation has been granted or refused and provisions have to be made for citing of the reasons in case of the rejection of the request for is noticed that many of the Journalists, who have own houses/flats and some have constructed the flats over the subsidized land and are still retaining the Government accommodation and such tendency needs to be curbed forthwith and such possession is required to be handed over to the Government immediately. In the given facts and circumstances of the case, while dismissing the petition, this Court deemed it imperative to pass the following directions: State of Himachal Pradesh is directed to review and revise the accreditation granted to different categories strictly in accordance with the Rules of 2016 as amended from time to time and thereafter grant fresh accreditation strictly in accordance with these rules.Amendment be carried out in Rules 2016 making a time-bound provision for granting/ refusing accreditation and in case of rejection a provision be made making it mandatory for recording reasons for such rejection. It must be ensured that only one journalist from one publication/newspaper be granted accreditation (State or District level) in accordance with the rules. Case title – Vijay Gupta v. State of Himachal Pradesh [CWP No. 7487 of 2014]Click Here To Download Order/JudgmentRead Order/Judgment hereSubscribe 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

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Taoiseach says comparisons between Mica and Pyrite scheme are not valid

first_img Nine til Noon Show – Listen back to Monday’s Programme Previous articleBones discovered in Ballybofey forestNext articleGerry Adams admits sheltering on-the-run IRA suspect in Donegal News Highland RELATED ARTICLESMORE FROM AUTHOR Facebook Google+ Facebook WhatsApp WhatsApp By News Highland – May 20, 2021 AudioHomepage BannerNews Pinterest Loganair’s new Derry – Liverpool air service takes off from CODA center_img Taoiseach says comparisons between Mica and Pyrite scheme are not valid Google+ Arranmore progress and potential flagged as population grows Twitter Pinterest The Taoiseach has told the Dail that the state faces far higher costs as a result of the Mica Redress Scheme than it incurred with the Pyrite scheme, and comparisons between the two are not valid.In the Dail last evening, Donegal Deputy Padraig MacLochlainn urged Michael Martin to implement a 100% scheme in Donegal and Mayo, in line with the provisions of the Pyrite scheme.However, the Taoiseach responded that while Minister Darragh O’Brien and the government will continue to engage with homeowners, the fact is the cost per house of the Mica scheme will be substantially higher:Audio Player Up/Down Arrow keys to increase or decrease volume. Important message for people attending LUH’s INR clinic Community Enhancement Programme open for applications Twitter Publicans in Republic watching closely as North reopens furtherlast_img read more

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Catherine Jackson named as Alabama Teacher of Year finalist

first_imgSkip Book Nook to reopen Published 9:04 pm Tuesday, May 11, 2021 Remember America’s heroes on Memorial Day Sponsored Content By The Penny Hoarder Print Article The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Jaine Treadwell | The MessengerIn January, Catherine Jackson was recognized as the Elementary Teacher of the Year for Pike County Schools. Jackson teaches at Banks Primary School. She is now a Top 16 finalist for Alabama Teacher of the Year. Pike County Sheriff’s Office offering community child ID kits Latest Stories Troy falls to No. 13 Clemson You Might Likecenter_img Catherine Jackson named as Alabama Teacher of Year finalist “For me, creating personal relationships with my students is most important,” Jackson said. “As third-graders, they are just beginning to have a voice, to express their own feelings and to have their own opinions. For the first time, they are beginning to hold a discussion with you. They are beginning to break out of their shells and express themselves.”Jackson said it is rewarding to see her students come into their own but, at the same time, it can be very challenging.“Third-graders have to learn to express themselves and to understand that others have their opinions, too,” Jackson said. “So, they have to learn to accept the opinions of others while holding true to theirs. Third grade is an interesting and challenging time for students and for me.”For Jackson, teaching at Banks Primary School has provided an opportunity that many teachers never have. This is only Jackson’s second year at Banks Primary School. However, the Montgomery native, has taught middle and high school as well as elementary school.“I’m here because I married Josh Grissett who is from Pike County,” Jackson said. “And, I’m at Banks Primary because Pike County is a wonderful school system and I’m proud to be a part of it. My daughter is a fifth grader at Banks School.”For Jackson, teaching is an awesome responsibility and one that she does not take lightly. The Alabama Teacher of the Year 16 Finalists were announced on Tuesday and  Catherine Jackson, third grade teacher at Banks Primary School, is among the Alabama teachers who exemplify the teaching profession’s best. This year’s 16 state finalists represent the Alabama Teacher of the Year Program that is one of the state’s oldest and most esteemed awards program.Jackson, the Banks School District V Elementary Teacher of the Year, said being among the 16 finalists for the Alabama Teacher of the Year program is a tremendous honor. She expressed appreciation to the Pike County Schools for selecting her as the Elementary Teacher of the Year in January and to Alabama schools for all they have done for her and her family.Jackson, said being a Top 16 finalists is an honor for her personally and also for Pike County Schools and she is greatly appreciative. “Last year, I taught second grade, so this year I have the same students as third graders,” she said. “I’ve had the opportunity to see them grow as third graders and also to be with them through this very unusual year when we have been teaching and learning virtually and traditionally. It has been a very challenging year and also just as rewarding.”Jackson said much of her time away from school is spent bettering herself professionally. She plans to continue her education and become a national board certified teacher.If she could receive any gift for being among the Alabama Teacher of the Year 16 Finalists, she said without hesitation, “Books for my classroom.” Plans underway for historic Pike County celebration By Jaine Treadwell Email the author Kim May to retire June 1 Although Kim May’s retirement as director of the Pike County Salvation Army Service Center, has been a loosely kept secret,… read more Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Patriot Health ZoneHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential Health32-second Stretch Ends Back Pain & Sciatica (Watch)Healthier LivingThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Please enable JavaScript to view the comments powered by Disqus.last_img read more

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