Citigroup wins control of EMI

first_img whatsapp GUY Hands’ battle to retain ownership of iconic record company EMI ended yesterday after Citigroup, provider of its £3.4bn debt mountain, took control of the firm.Hands’ private equity firm Terra Firma was forced to cede ownership after failing to keep up EMI’s debt repayments to the investment bank.Terra Firma bought EMI, home of artists such as Robbie Williams and Lily Allen, in 2007 using £2.6bn of debt from Citi, but struggled to make the company profitable. Citi has written off 65 per cent of EMI’s debt, reducing it to £1.2bn. Terra Firma has lost all £1.7bn it invested.Hands fought an acrimonious US court case over EMI last year, accusing Citi of tricking him into paying more for EMI than it was worth. Tuesday 1 February 2011 9:28 pm Ad Unmute by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeTotal PastThe Ingenious Reason There Are No Mosquitoes At Disney WorldTotal PastUndoSerendipity TimesInside Coco Chanel’s Eerily Abandoned Mansion Frozen In TimeSerendipity TimesUndoBrake For ItThe Most Worthless Cars Ever MadeBrake For ItUndoLuxury SUVs | Search AdsThese Cars Are So Loaded It’s Hard to Believe They’re So CheapLuxury SUVs | Search AdsUndoBetterBe20 Stunning Female AthletesBetterBeUndoBlood Pressure Solution4 Worst Blood Pressure MedsBlood Pressure SolutionUndoAlphaCute30 Rules That All “Hells Angels” Have To FollowAlphaCuteUndoDefinitionDesi Arnaz Kept This Hidden Throughout The Filming of ‘I Love Lucy’DefinitionUndoTaonga: The Island FarmThe Most Relaxing Farm Game of 2021. No InstallTaonga: The Island FarmUndo Citigroup wins control of EMI whatsapp More From Our Partners Supermodel Anne Vyalitsyna claims income drop, pushes for child supportnypost.comRussell Wilson, AOC among many voicing support for Naomi Osakacbsnews.comA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.comNative American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.orgMark Eaton, former NBA All-Star, dead at 64nypost.comAstounding Fossil Discovery in California After Man Looks Closelygoodnewsnetwork.orgFlorida woman allegedly crashes children’s birthday party, rapes teennypost.comBrave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.orgPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgcenter_img KCS-content Show Comments ▼ Share Tags: NULLlast_img read more

Loaded terms in the football data debate

first_imgAddThis Sharing ButtonsShare to LinkedInLinkedInShare to FacebookFacebookShare to TwitterTwitter Loaded terms in the football data debate Sports betting Topics: Sports betting Strategy Tech & innovation Football DataCo’s recent switch of data supplier may have gone largely under the radar, but how enforceable is the “exclusive” aspect of the deal and could it mark the point where official data starts becoming a cost too far for UK-focused operators? By Scott LongleyIn among the plethora of data deals announced in the US in the past year, the news that Football DataCo (FDC), which represents the data interests of all the English and Scottish leagues, has switched data supplier went somewhat under the radar.The new deal with Genius Group brings to an end the arrangement with Perform Group and was hailed by Genius as a “landmark” agreement for the distribution of the data for over 4,000 games a season.Much is made in the press release accompanying the announcement of how the pair will be working on providing the betting sector’s “fastest, most accurate and reliable data feed” and how this will feed into “betting innovations” that will “drive long-term value” for betting operators.We will come back to the question of betting innovations. What is certainly true is that commencing at the start of the next football season, the new partnership undoubtedly has a significance for the operators.According to Adrian Ford, chief executive at Football DataCo, the key difference to this new arrangement is that Genius Group “will have responsibility to licence use of the data”, a task which had previously fallen to FDC itself.“This will make the relationship between the data supply and data licence more transparent for betting operators than is currently the case,” he says.In making this statement, Ford appears to be asserting that in order for someone to access the data from English and Scottish football they need to have a licence. But that is a contentious point.First, it should be stated that Genius Group isn’t the only company working the FDC data. In fact, Genius Group will be working with data collected by Opta (owned by Perform) and US-based sports data visualisation specialists Second Spectrum.Moreover, Opta retains the right to distribute this data to the media market.“But we anticipate BetGenius having access to the data and finding innovative uses of the feed to serve the needs of the betting industry,” said Ford.Of course, what FDC sees as the needs of the industry and what the operators regard as essential can – and do – diverge. English and Scottish top-level football is undoubtedly, as Ford says, “vital” to the sportsbooks.But what does it mean when you attach the word “exclusive” to official data?Policing the terraces In practice it seems to mean creating a monopoly (or as close as possible to a monopoly) on data so that commercial leverage over operators can be maximised, ramping up the price for operators and the revenues for the sport.As it stands, data from English and Scottish football have been available with the official imprimatur via Perform. But it also comes via unofficial channels.FDC seems to be intent on closing down this route but as more than one operator said about this deal, when it comes to exclusivity the issue boils down to enforceability.In attempting to halt collection at the grounds, the football authorities now rely, according to Ford, on “an active service to disrupt unofficial scouts pirating data.”“Pirating” is a loaded term, of course. And an incorrect one. Because the collection of unofficial data is the only way of being sure to collect data that does not emanate from FDC’s official source database.So, shutting down anyone who might wish to provide an alternative data feed is all part of the game of monopoly.According to operator sources, this “active” effort consists of a number of ex-coppers throwing people out of the grounds on the basis of breaching the terms and conditions of their tickets.As one source suggested, “it isn’t pretty” – but is it effective? In all likelihood, no. Even Ford admits that such attempts to police grounds are only “successful on a small scale”.And while he suggests that FDC and BetGenius “have the option… to ramp this up” it is hard to see how this would work in practice.More heavies on the terraces, after all, would only likely be matched by more scouts, with the only winner being the attendance numbers at lesser games.Meanwhile, technology moves apace. When it comes to off-tube collection, latency is down to seconds and as one industry source suggested, all the pressure over “official’ data will merely see others “get creative” with their data sources whether that is in-person or via drones.Then there is the issue of “betting innovations”. It is true is that RAB services and their ilk are changing betting patterns and as such, ball and player tracking may have a role to play in the long-term development of ‘player prop’ bets.But in the short term, the deal for FDC rights looks like a retrograde step. While the English Premier League has an outsized impact on football betting, it should always be seen in the context of the entire football ecosystem.For the UK-focused operators, in particular, the potential for more expensive official data comes at a time when margins are already under pressure.Arguably, the true landmark of this deal might be that it marks the point where “exclusive and official” data becomes a cost too far. And that has implications far beyond the English and Scottish football leagues. Football DataCo’s recent switch of data supplier may have gone largely under the radar, but how enforceable is the “exclusive” aspect of the deal and could it mark the point where official data starts becoming a cost too far for UK-focused operators? Regions: UK & Ireland Tags: Mobile Online Gambling OTB and Betting Shops Email Address 5th June 2019 | By Stephen Carter Subscribe to the iGaming newsletterlast_img read more

The Fresnillo share price looks cheap to me. I might buy

first_img I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement. Alan Oscroft | Saturday, 22nd May, 2021 | More on: FRES Simply click below to discover how you can take advantage of this. Are you on the lookout for UK growth stocks?If so, get this FREE no-strings report now.While it’s available: you’ll discover what we think is a top growth stock for the decade ahead.And the performance of this company really is stunning.In 2019, it returned £150million to shareholders through buybacks and dividends.We believe its financial position is about as solid as anything we’ve seen.Since 2016, annual revenues increased 31%In March 2020, one of its senior directors LOADED UP on 25,000 shares – a position worth £90,259Operating cash flow is up 47%. (Even its operating margins are rising every year!)Quite simply, we believe it’s a fantastic Foolish growth pick.What’s more, it deserves your attention today.So please don’t wait another moment. When the Covid-19 pandemic arrived and the stock market crashed in 2020, not all shares lost ground. Silver miner Fresnillo (LSE: FRES) didn’t. In fact, it soared, as investors abandoned shares and rushed to buy precious metals. Looking back over the past couple of years, the Fresnillo share price is a lot like a mirror opposite of the FTSE 100.That extends to the past few months too. As lockdowns have been opening and shares in general recovering, Fresnillo shares have been on a slide again. Over the past five years, the Fresnillo share price has lost 18% while the Footsie has gained 14%. Would I buy Fresnillo shares now that everyone is selling them? The contrarian in me wants to say yes.5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…I would never buy a precious metal, for one main reason. The metal itself does not create any new wealth, it just sits there gaining or losing in value. But I would buy shares in a precious metals miner. They produce new silver and gold, adding to the world supply, making profits, and paying dividends. And they can do that even when prices are falling.Fresnillo share price vs silver?So if I hold silver while silver prices fall, the value of my investment will fall too. But if I buy Fresnillo shares instead, when the metal falls, profits will fall, sure. But as long as the miner’s production costs are low enough, it can still generate profits. And it can still pay dividends. The Fresnillo share price would very likely drop, but as long as I’m getting my dividends I’ll still be happy.Curiously, though the price of silver climbed in 2020 when shares were falling, it has not yet retreated as shares are gaining. The gold price hasn’t either, but why? Maybe low interest rates have something to do with it. Cash investments are not providing a very good alternative these days. Bond yields aren’t great either, though they are starting to pick up. Investors who like to allocate their funds across a variety of asset classes like these may well still see gold and silver as attractive holdings.What are the risks?When economies get going again, and interest rates rise, I wonder if we’ll see a change. Will precious metals prices follow the Fresnillo share price downwards? I’m just not going to try to guess where precious metal prices are going to head in the next few years. But what safety margin is there in investing in Fresnillo?Fresnillo’s puts its production cost for silver “in the lowest quartile of the cost curve“. That’s what I’d look for in a precious metals miner — a decent buffer against falling prices. There are certainly risks associated with future falls in silver (and gold) prices. And if prices fall I’d expect the Fresnillo share price to suffer too.But I’m keeping an eye on where silver prices go, and if we do see any falls, I’ll be seriously tempted to buy Fresnillo shares. I’m actually tempted anyway. Our 6 ‘Best Buys Now’ Shares FREE REPORT: Why this £5 stock could be set to surge Enter Your Email Addresscenter_img Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee. Get the full details on this £5 stock now – while your report is free. The Fresnillo share price looks cheap to me. I might buy Image source: Getty Images. Alan Oscroft has no position in any of the shares mentioned. The Motley Fool UK has recommended Fresnillo. Views expressed on the companies mentioned in this article are those of the writer and therefore may differ from the official recommendations we make in our subscription services such as Share Advisor, Hidden Winners and Pro. Here at The Motley Fool we believe that considering a diverse range of insights makes us better investors. See all posts by Alan Oscroftlast_img read more

Statement by Supervisor Barger Regarding Announcement by the State on Updated COVID-19 Guidance

first_imgCommunity News Statement by Supervisor Barger Regarding Announcement by the State on Updated COVID-19 Guidance Published on Friday, May 21, 2021 | 12:07 pm EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Make a comment faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Donald CommunityPCC- COMMUNITYVirtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPasadena Public WorksPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Your email address will not be published. Required fields are marked * Supervisor Kathryn Barger issued the following statement regarding the announcement by Dr. Mark Ghaly, California Health and Human Services Secretary, regarding the proposed changes to the COVID-19 guidance to take effect on June 15“I am pleased that the California Health and Human Services Department has provided an update regarding the proposed changes to the COVID-19 protocols that will likely begin on June 15. These updates include:• Elimination of capacity limits and physical distancing requirements for businesses.• Alignment with the Centers for Disease Control on the guidance for masking and travel.• Recommendations for vaccine verification to help protect and support businesses and organizations.“I support full alignment with the State on this guidance and appreciate that today’s announcement will provide ample time for our businesses, organizations and residents to prepare for these changes. In Los Angeles County, we have fully vaccinated approximately 47% of our population and continue to make the vaccine available and easily accessible for all our residents – including those in hard to reach communities. We are seeing real results in the significantly diminished case counts and the lack of community transmission. I am confident in the State and Federal scientific experts developing these recommendations, knowing that this is a safe next step for our communities.“We have weathered the storm and I am hopeful that this finally signals our return to normalcy.” Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday 19 recommended0 commentsShareShareTweetSharePin it More Cool Stuff Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. Business Newscenter_img Top of the News Name (required)  Mail (required) (not be published)  Website  First Heatwave Expected Next Week Subscribe Community News Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Community News HerbeautyHe Is Totally In Love With You If He Does These 7 ThingsHerbeautyHerbeautyHerbeauty6 Lies You Should Stop Telling Yourself Right NowHerbeautyHerbeautyHerbeautyWant To Seriously Cut On Sugar? You Need To Know A Few TricksHerbeautyHerbeautyHerbeautyRemove Belly Fat Without Going Under The KnifeHerbeautyHerbeautyHerbeautyA Mental Health Chatbot Which Helps People With DepressionHerbeautyHerbeautyHerbeauty7 Most Startling Movie Moments We Didn’t Realize Were InsensitiveHerbeautyHerbeauty Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadenalast_img read more

Making Sense of Home Sales

first_imgHome / Daily Dose / Making Sense of Home Sales Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Sign up for DS News Daily Seth Welborn is a Reporter for DS News and MReport. A graduate of Harding University, he has covered numerous topics across the real estate and default servicing industries. Additionally, he has written B2B marketing copy for Dallas-based companies such as AT&T. An East Texas Native, he also works part-time as a photographer. The Best Markets For Residential Property Investors 2 days ago Making Sense of Home Sales Data Provider Black Knight to Acquire Top of Mind 2 days ago Share Save Tagged with: Home Sales Inventory NAR Prices Video Spotlight Data Provider Black Knight to Acquire Top of Mind 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago February saw a minor drop in pending home sales. In this video spotlight, National Association of Realtors Chief Economist Lawrence Yun discusses how to make sense of the decline.“In January, pending contracts were up close to 5 percent, so this month’s 1 percent drop is not a significant concern,” Yun said. “As a whole, these numbers indicate that a cyclical low in sales is in the past but activity is not matching the frenzied pace of last spring.”According to Yun, sales in the West are below 2018’s activity depite recent growth.“There is a lack of inventory in the West and prices have risen too fast,” Yun stated. “Job creation in the West is solid, but there is still a desperate need for more home construction.”Watch the video here. Demand Propels Home Prices Upward 2 days agocenter_img Previous: Facebook vs. the Fair Housing Act? Next: Three Indicators Impacting Housing The Best Markets For Residential Property Investors 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Related Articles Subscribe  Print This Post March 28, 2019 905 Views Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago in Daily Dose, Featured, Investment, Market Studies, News About Author: Seth Welborn Home Sales Inventory NAR Prices Video Spotlight 2019-03-28 Seth Welbornlast_img read more

Wells Fargo Partners with Habitat for Humanity

first_img About Author: Seth Welborn  Print This Post The Week Ahead: Nearing the Forbearance Exit 2 days ago Sign up for DS News Daily Previous: Housing Report Shows ‘Good News is Actually Good News’ Next: FHFA Issues Update on GSE Guarantee Fees Servicers Navigate the Post-Pandemic World 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Seth Welborn is a Reporter for DS News and MReport. A graduate of Harding University, he has covered numerous topics across the real estate and default servicing industries. Additionally, he has written B2B marketing copy for Dallas-based companies such as AT&T. An East Texas Native, he also works part-time as a photographer. Wells Fargo Partners with Habitat for Humanity Demand Propels Home Prices Upward 2 days ago Subscribe Related Articles Demand Propels Home Prices Upward 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days agocenter_img Home / Daily Dose / Wells Fargo Partners with Habitat for Humanity Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago in Daily Dose, Featured, Loss Mitigation, News Tagged with: Habitat Revitalization Wells Fargo The Best Markets For Residential Property Investors 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Wells Fargo is partnering with Habitat for Humanity on a number of revitalization and housing assistance programs, including those aimed at keeping homeowners in their homes. In 2019, Wells Fargo donated $10.7 million directly to local Habitat organizations and has committed $89.4 million to Habitat for Humanity since 2010. Wells Fargo has also pledged to donate $1 billion to address the housing affordability crisis over the next six years.“Housing affordability is a major issue affecting communities across the U.S., as far too many families struggle with the burden of paying half or more of their household incomes to keep a roof over their heads,” said Brandee McHale, head of corporate philanthropy at Wells Fargo. “As we work together to create innovative solutions, we are also focused on revitalizing existing housing inventory by supporting advocacy work such as Cost of Home and projects like CAPABLE, which preserves dignity for seniors as they age in place.”Habitat’s CAPABLE Program is designed to keep older homeowners in their homes through home repairs ranging from minor fixes to major repairs, such as roof repairs and plumbing.Part of the partnership will also include neighborhood revitalization, as Wells Fargo team member volunteers will work alongside residents in five communities in California, Colorado, Pennsylvania, South Carolina and Virginia on projects, including making repairs to existing homes and constructing new homes on abandoned lots.Wells Fargo will also be supporting Habitat’s Cost of Home campaign, which seeks to find solutions and help create policies through volunteers, community members and partners throughout the U.S.“Having generous partners like Wells Fargo is so important as we work to help families and communities improve their shelter conditions,” said Julie Laird Davis, Habitat’s VP of corporate partnerships and cause marketing. “We are so grateful for the Wells Fargo partnership and the impact that will be made across the country.” December 19, 2019 3,564 Views Habitat Revitalization Wells Fargo 2019-12-19 Seth Welborn Share Savelast_img read more

S.18 of SC/ST Act-Unless The ‘Offender’s Action Is Impelled By The Consideration That The Victim Is A Member Of ‘SC or ST’, Bar For Anticipatory Bail Won’t Apply

first_imgNews UpdatesS.18 of SC/ST Act-Unless The ‘Offender’s Action Is Impelled By The Consideration That The Victim Is A Member Of ‘SC or ST’, Bar For Anticipatory Bail Won’t Apply Nupur Thapliyal6 Jan 2021 9:50 PMShare This – xIn a significant judgment, a Single Judge Bench of the Delhi High Court comprising of Justice Anup Jairam Bhambhani on Tuesday while granting anticipatory bail to an accused charged under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 held that the anticipatory bail application under Sec. 438 of CrPC can only be barred under Sec. 18 of the SC ST Act…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 judgment, a Single Judge Bench of the Delhi High Court comprising of Justice Anup Jairam Bhambhani on Tuesday while granting anticipatory bail to an accused charged under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 held that the anticipatory bail application under Sec. 438 of CrPC can only be barred under Sec. 18 of the SC ST Act where the accused commits an offence particularly for the reason that the victim is a member of SC or ST community. The Court granted anticipatory bail to the accused charged for raping the victim with a false promise of marrying her along with Sec. 3(2)(v) of the SC ST Act, 1989. BACKGROUND OF THE CASE An FIR was registered against the accused under Sec. 354D, 376 and 506 of IPC along with Sec. 3(2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 based on the statements recorded under Sec. 164 of CrPC. The primary allegation against the accused was that he had committed rape on the prosecutrix on a false pretext of marriage also accusing him of committing the offences of stalking and criminal intimidation. Sec. 3(2)(v) of the SC ST Act provides for the cases where any offence is committed under IPC punishable with imprisonment for a term of 10 years or more against any person who is the member of SC or ST community. It also provides that in such cases, the punishment will be enhanced to life imprisonment with fine. An anticipatory bail was then filed by the accused, applicant in the case, under Sec. 438 of CrPC. POINTS OF CONSIDERATION BEFORE THE BENCH The High Court while dealing with the grant of anticipatory bail examined the following aspects in the matter: Maintainability of anticipatory bail application under Sec. 438 CrPC vis-à-vis Sec. 18 of the SC ST Act, 1989.Individual merits of the bail plea under Sec. 438 CrPC in the matter.Whether anticipatory bail can be granted after non bailable warrants are issued against an accused person?Relevance of the judgment PV Narasimha Rao v. State (CBI) 1996 (Delhi HC) in cases where bailable or non bailable warrants are issued against accused and whether or not such condition will restrict the court in granting anticipatory bail to the accused person. ON MAINTAINIBILITY OF SEC. 438 CRPC VIS-À-VIS SEC. 18 OF SC ST ACT, 1989 Arguments of the State Mr. Tarang Srivastava, Asst. Public Prosecutor (APP) representing the State objected to the maintainability of the application by relying on Sec. 18 of the SC ST Act. According to the said provision, any person committing an offence under the Act shall not be allowed to apply for anticipatory bail application under Sec. 438 CrPC. He submitted that as the accused has also been charged with Sec. 3(2)(v) of the Act, the application of the accused is bar by Sec. 18 and thus, is not maintainable in the court of law. In doing so, the APP relied on the judgment of Prathvi Raj Chauhan v. Union of India & Ors. (2020) 4 SCC 727 wherein the apex court held that the bar of applicability of Sec. 438 CrPC shall not apply to cases under SC ST Act only if it is proved that a prima facie case for the applicability of provisions of the Act is not made out in the complaint. According to the State, the statements of the victim under sec. 164 CrPC reveals and makes a prima facie case against the accused under sec. 3(2)(v) of the Act has been committed. He further submitted that the in the Prathvi Raj judgment the Supreme Court also observed that the jurisdiction under Sec. 438 in cases of SC ST Act must be used only in exceptional cases where no prima facie case under the Act is made out. “A liberal use of the power to grant pre-arrest bail would defeat the intention of Parliament.” The Supreme Court observed in the judgment. The State further relied on another judgment of the Supreme Court in Manju Devi vs. Onkarjit Singh Ahluwalia & Ors. (2017) wherein it was held that a plea that a complaint is false and malicious cannot be looked into at the stage of taking cognizance and issuance of process and can only be taken into consideration at the time of trial. Therefore, it was argued by the APP that the observation applies equally at the stage where the court is considering the plea of anticipatory bail and that the court cannot look into the merits of the allegations being false at the time of considering the present bail application. Arguments of the Applicant Adv. Pradeep Teotia appearing for the applicant heavily relied on Prathvi Raj Chauhan judgment and argued that in the present case, the complaint does not reveal any prima facie case under the SC ST Act due to which the bar under Sec. 18 of the Act does not arise. It was further argued that sec. 3(2)(v) of the Act only applies in cases where it is proved that the person has committed an offence against a person ‘only for the reason’ belonging to the SC or ST community as held by the supreme court in the cases of Dinesh v. State of Rajasthan and Khuman Singh v. State of MP. In view of the said judgments, it was argued by the applicant that there is no allegation against the accused that he committed sexual assault on the prosecutrix only for the reason that she belongs to the SC or ST community. Furthermore, it was argued that the provisions of section 3(2)(v) of the SCST Act have been mechanically and arbitrarily invoked and must not stand in the way of the present anticipatory bail plea. OBSERVATION OF THE COURT On the conflict of applicability of provisions of SC ST Act The Court analyzed the provisions of the SC ST Act including Sec. 3 (punishments for offences under the Act), Sec. 18 (bar on Sec. 438 CrPC) and Sec.18A (no requirement of a preliminary enquiry for registration of FIR or approval for arrest). The bench also considered the observations made in the cases cited by both the sides in the matter. The bench observed therein that for the applicability of Sec. 3(2)(v) of the SC ST Act, it is necessary for an offences under IPC punishable with a sentence of 10 years or more to be committed on a person belonging to SC or ST community only for the reason that such person belongs to such category. “It is not the purport or meaning of section 3(2)(v) that every offence under the IPC attracting imprisonment of 10 years or more would come within the meaning of that provision merely because it is committed against a person who happens to be a member of a Scheduled Caste or a Scheduled Tribe.” The court held. The bench also clarified that the in such cases, the enhance punishment can only be attracted where “offender’s action is impelled by the consideration that the victim is a member of a Scheduled Caste or a Scheduled Tribe.” As far as the facts of the case is concerned, the Court held that neither in the FIR nor in the statement given by the accused under Sec. 164 CrPC has the victim alleged that she has been sexually assaulted by the reason of her caste and she makes the allegations only after an episode arose in 2019 wherein the accused had refused to marry her. Therefore, it did not prima facie appear to the Court that any offence under the Act is committed by the accused. On the merits of anticipatory bail application The following arguments were made by the applicant on individual merits of the case and grant of anticipatory bail application: That the bare reading of the FIR and statement of the prosecutrix disclose that she and the accused were friends since 2013 and that it was a seven year long consensual relationship.That it was only after 2019 that an FIR was lodged in 2020 which shows the mala fide intention.That because it was a seven year long consensual relationships, ingredients of sec. 354D, 376 and 506 IPC cannot be made out. On the issuance of Non bailable warrants against the accused and plea of anticipatory bail The Court took notice of the fact that although the issuance of non bailable warrants have not been challenged in the prayer, it is important for the Court to address the issue whether anticipatory bail can be granted if non bailable warrants have been issued against a person. In doing so, the Court heavily relied on the judgment of the division bench of Delhi High Court in PV Narsimha Rao v. State (CBI) 1996 wherein the court held that “The filing of a charge-sheet by the police and issuing of a warrant by the Magistrate do not put an end to the power to grant bail under S.438(1) Cr.P.C. and on the other hand the High Court or the Court of Session has power to grant anticipatory bail under S. 438(1) to a person after the criminal Court has taken cognizance of the case and has issued process viz., the warrant of arrest of that accused person.” Therefore, in view of the aforesaid judgment the Court while allowing the anticipatory bail to the accused held that “Accordingly, the fact that NBWs have already been obtained against the applicant would not divest this court of the power under section 438 Cr.P.C. to grant anticipatory bail to the applicant.” The bench also held that in the case of grant of anticipatory bail, there cannot be any distinction whether a person apprehends arrest at the hands of the police or issuance of warrants against him. “The directions issued above shall apply even if the applicant is arrested against the NBWs issued by the learned Sessions Court.” The judgment said. The Court directed the applicant to be granted bail by the Investigating Officer on furnishing of a personal bond of Rs. 50,000 and one surety of the same amount. Case Name: Danish Khan v. State (GNCTD) Judgment dated: 05.01.2021Click Here To Download Judgment[Read Judgment]Next Storylast_img read more

Main Evening News, Sport and Obituaries Monday March 2nd

first_img DL Debate – 24/05/21 Facebook RELATED ARTICLESMORE FROM AUTHOR Google+ Twitter WhatsApp Twitter FT Report: Derry City 2 St Pats 2 Facebook Main Evening News, Sport and Obituaries Monday March 2nd:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2020/03/02news.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Derry draw with Pats: Higgins & Thomson Reaction Pinterestcenter_img Google+ By News Highland – March 2, 2020 Previous articleSligo Councillor to replace Midlands NW MEP Matt CarthyNext articlePodcast – DL Debate Episode 4 News Highland Main Evening News, Sport and Obituaries Monday March 2nd News, Sport and Obituaries on Monday May 24th AudioHomepage BannerNewsPlayback Pinterest WhatsApp Important message for people attending LUH’s INR clinic Arranmore progress and potential flagged as population growslast_img read more

Donegal Gardaí seize car with no insurance and heavy frontal damage

first_img Nine til Noon Show – Listen back to Monday’s Programme Facebook By News Highland – January 28, 2018 News, Sport and Obituaries on Monday May 24th Twitter Homepage BannerNews Donegal Gardaí seize car with no insurance and heavy frontal damage WhatsApp A car with significant frontal damage has been seized by Donegal Gardaí.The car was seized after it was found to have no insurance.The official Garda Twitter page posted about the seizure, likening the situation to an episode of Father Ted with the caption “God Ted look at that…..there’s a dent in the car”. Pinterest Previous articleTyrone Ladies kickoff League Campaign with a win over WaterfordNext articleWestmeath record 3 point win over Derry in NFL News Highland Community Enhancement Programme open for applicationscenter_img Pinterest RELATED ARTICLESMORE FROM AUTHOR Loganair’s new Derry – Liverpool air service takes off from CODA Important message for people attending LUH’s INR clinic Facebook WhatsApp Twitter Arranmore progress and potential flagged as population grows Google+ Google+last_img read more

Oxford to host World Literacy Summit

first_imgOxford will be the host of the World Literacy Summit at the beginning of April of this year, as part of a new initiative to target the widespread problem of illiteracy.The main objective of the Summit is to stimulate greater levels of co-operation and partnerships in the global literacy sector. The organisers want to support the 796 million people who cannot read or write. World Literacy Foundation CEO Andrew Kay stated, “If a person does not have the solid base of literacy and numeracy skills that so many of us take for granted, their opportunities in life are far more limited.”One in five adults lack basic literacy skills and 67 million primary school aged children don’t attend school. The organisers believe that millions more are receiving education of such poor quality that it will do little to enhance their life chances.300 leaders from government, education and international development will converge on Oxford for the four days of the Summit. According to the organisers, this will include Heads of State, Ministers for Education, and literacy practitioners and experts.A recent report by the World Literacy Foundation highlighted that the economic and social costs of illiteracy are estimated at 2-2.5% of a country’s Gross Domestic Product. It also stated that the direct and indirect costs of low literacy rates to an economy include unemployment, poverty, and health and welfare costs. Kay also claimed that illiterate people are prone to making poor decisions on their health and personal welfare, which can trap people in a vicious cycle of poverty and disadvantage.“This is the first time that a global think tank of literacy experts has been dedicated to collectively addressing the problem of world literacy and its link to poverty,” he said.“Leaders and experts from the literacy community from around the world will attend this Summit in Oxford to build a collective plan of action to make inroads into addressing the illiteracy issue.”The event will be based in many of the university’s buildings, including the Sheldonian Theatre, Bodleian Library, Balliol, Trinity and Wadham College.last_img read more