Category: tmpqkx

  • Artists’ Private House in Ningbo / J+F Studio

    first_imgCopyHousing•Ningbo, China CopyAbout this officeJ+F StudioOfficeFollowProductsGlassSteelConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousingNingboJ+F StudioChinaPublished on April 16, 2019Cite: “Artists’ Private House in Ningbo / J+F Studio” 15 Apr 2019. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogPanels / Prefabricated AssembliesTechnowoodPanel Façade SystemRailing / BalustradesMitrexIntegrated Photovoltaic Railing – BIPV RailingMetal PanelsAurubisCopper Alloy: Nordic BrassHanging LampsVibiaHanging Lamp – VOLConcreteKrytonCrystalline Waterproofing – KIMSkylightsLAMILUXGlass Skylight FE PassivhausPorcelain StonewareCosentinoSurfaces – Dekton® Chromica CollectionBricksFeldhaus KlinkerThin Bricks – ClassicGlassDip-TechDigital Ceramic Printing for Interior DesignWoodStructureCraftEngineering – FootbridgesAluminium CompositesCymat Technologies Ltd.Bundang Doosan Tower – Alusion™ Stabilized Aluminum FoamTable LampsRoss GardamDesk Lamp – OraMore products »Save想阅读文章的中文版本吗?宁波艺术家私宅 / 上海继梵建筑设计事务所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 Housing “COPY” 2018 “COPY” China Artists’ Private House in Ningbo / J+F StudioSave this projectSaveArtists’ Private House in Ningbo / J+F StudioSave this picture!© Aladeen Knefaty+ 24Curated by 韩爽 – HAN Shuang Share Clients:One artist in NingboInterior:Like ShenDesign Team:Jingang Zhang, Taotao XuCity:NingboCountry:ChinaMore SpecsLess SpecsSave this picture!© Aladeen KnefatyRecommended ProductsDoorsC.R. LaurenceCRL-U.S. Aluminum Entice Series Entrance SystemDoorsLinvisibileLinvisibile Curved Hinged Door | AlbaEnclosures / Double Skin FacadesRodecaRound Facade at Omnisport Arena ApeldoornSkylightsLibartSolaGlide Inclined Retractable SkylightText description provided by the architects. The project is located in Zhuangshi Avenue, Ningbo, the owner is an artist who has his own unique understanding of his private home. Save this picture!© Aladeen KnefatyHe hopes that the interior space is layered, transparent, coherent, and the outdoor courtyard can be fully utilized. After thinking, we first think of  Sūdōngpō’s words “Garden No Stone No Grace, House No Stone No Elegant”Taihu Lake Stone has the characteristics of “ leakage”, “ transparent” and “elegant”.Save this picture!Courtesy of J+F StudioLeaking and seeing is just the transparency and coherence of the space. The show is the elegant appearance material. In order to Combine the owner space requirements, the design creates an interior space that is exquisite and interlaced for the owner, and the appearance is elegant and subtle.Save this picture!© Aladeen KnefatySave this picture!Model AnalysisSave this picture!© Aladeen KnefatyThe interior space combines the spatial characteristics of Taihu Lake Stone—the “leakage” of There are different heights in the upper and lower floors, and the room is a layer of home, giving the interior a vertical flow sense, feeling the Sun, Air, and the Living person can flow throw the naturally here.Save this picture!© Aladeen KnefatyThe appearance is a staggered layer change that maps of the internal space. The inner staggered layer is reconnected through the half-floor staircase, and the human activity also completes all the internal and external flow undulating path, which seems to walk inside and outside the stone freely. Space has also reached the characteristics of Taihu Lake Stone – “transparent” inside and outside, this is not only visually transparent but also spatially transparent. The interior and exterior space connect seamlessly.Save this picture!© Aladeen KnefatySave this picture!© Aladeen KnefatyThe facade we used concrete painting, which is similar to the textures of Taihu Lake Stone, and finally formed a complete and delicate feeling. At the same time, we use wood grain aluminum alloy as the rim of window frame and railing all tighter to create a warm living atmosphere.Save this picture!© Aladeen KnefatyProject gallerySee allShow lessAranya Café / oddSelected ProjectsL28 Culinary Platform / Kimmel Eshkolot ArchitectsSelected ProjectsProject locationAddress:Ningbo, Zhejiang, ChinaLocation to be used only as a reference. It could indicate city/country but not exact address. Share Architects: J+F Studio Area Area of this architecture project ShareFacebookTwitterPinterestWhatsappMailOr Clipboard Year:  Artists’ Private House in Ningbo / J+F Studio Photographs ShareFacebookTwitterPinterestWhatsappMailOr Clipboard ArchDaily Photographs:  Aladeen Knefaty Lead Architect: Projects Jingang Zhang Area:  434 m² Year Completion year of this architecture project last_img read more

  • Southern workers converge to organize the South

    first_imgRaleigh, N.C. — Longshore workers from Charleston, S.C. Hospital workers from El Paso, Texas. Diesel engine parts manufacturing workers from Rocky Mount, N.C. State mental health workers from Petersburg, Va. Farm workers, union organizing committees and social movement activists from 10 states and over 30 workplaces.They all came from across the U.S. South to attend the first session of the Southern Workers School. Organized by the Southern Workers Assembly, the school took place March 4-6 in Raleigh, N.C. Seven more school sessions will take place over the next six months to continue to develop an action plan and give workers the opportunity to engage in joint study.This session of the school had several main objectives, including building a plan, with the worker leaders and rank-and-file activists gathered, to strategically organize workplaces across the region and begin the development of a committed core of activists. This core will study political economy and the organizing lessons of past union and Civil Rights campaigns in the region to inform a strategy where workers can best build unions and workers’ power.The school was also held to help develop social movement conditions and bottom-up worker activism in order to attract support from international unions and other sources and be able to challenge those among the world’s largest corporations that invest in the region. Net income from U.S. and foreign investments in the South now equals $3.7 trillion, making it the world’s fourth-largest economy behind Japan.‘For a broad fighting movement’“The Southern Workers School is not an event,” stated Saladin Muhammad, of Black Workers for Justice, in his opening remarks. Muhammad is a retired international representative of the United Electrical Workers. “It’s about building infrastructure for a broad, fighting social movement that exposes the capitalist system and to build workers’ power to transform the economy.” Along with Muhammad, Ed Bruno, retired southern director for the National Nurses Union, developed and presented the curriculum for the school.A school document reads: “The U.S. South is a region where forced labor and a system of racist apartheid were legalized. It shaped a culture of social, economic and political divisions that has made the U.S. South a region of low-wage labor, low union density and political conservatism. Because of the role of the U.S. South in fueling the growth of U.S. and global capitalism, particularly as a region producing the majority of the world’s cotton for the European textile industry during the 18th and 19th centuries, there was an acceptance of the conditions of forced labor and racist oppression in the European countries and developing global economy profiting from the international slave trade and forced labor.“Rank-and-file workers, especially in the South, need a new orientation and organizing forms that break with business unionism that demobilizes members, bargains concessionary contracts, and aligns with corporate-run political parties.”The school also sought to connect to the broader social movements, including the Black Lives Matter movement and against racist police killings. In the week before the school, a 24-year-old Black man, Akiel Denkins, was killed by a Raleigh police officer, and several demonstrations took over the streets.‘About more than getting paid right’“I lived through the 1960s,” stated Rolanda McMillan, a fast food worker from Richmond, Va., with Raise Up. “It’s about more than getting paid right. It’s about, am I gonna get killed tomorrow by a cop because of the color of my skin? Am I on a terrorist list because I am a Black woman?” McMillan also testified about being fired from McDonald’s for going on strike for $15 an hour and union rights, but later winning her job back after her co-workers, the community and Raise Up pressured the company.Professor Patrick Mason from Florida State University led two major sessions about the political economy of the South. Mason’s presentation focused on the role of chattel slavery in shaping the economy here, including the continued repression that Black folks have faced in the region since abolition: the counterrevolution after Reconstruction, Black codes, sharecropping, Jim Crow, segregation, mass incarceration and overpolicing.So-called “right-to-work” (for less) laws were enacted in the South to maintain segregation in the workplace and thus prevent the unity of workers organizing into unions and into a united working class that fights to bring about a society that addresses the human rights and needs of all. New York State alone has more union members than all 12 Southern states combined.“Right-to-work,” anti-union codes and stripping of collective bargaining have now spread outside the South to states like Michigan and Wisconsin. Workers from Detroit and Wisconsin attended the school to show solidarity and connection with the workers’ movements there. A strong delegation of day laborers from New York, who belong to the Movimiento Independiente de Trabajadores (Independent Workers Movement), also attended.The victorious Boston School Bus Drivers Union, United Steelworkers Local 8751, which recently defeated the global apartheid corporation Veolia/Transdev, led a session Sunday morning. Their two-year campaign to reinstate four unfairly fired bus driver leaders, win a just contract, fight hundreds of stalled grievances, take back their local union under progressive leadership and beat back criminal charges provided rich experience and lessons to share with Southern workers and inform future campaigns.Recently elected Local 8751 Treasurer Georgia Scott connected her experience as a young girl in Alabama, where she and others in the Civil Rights Movement were attacked in 1965 by police while marching across the Edmund Pettus Bridge in Selma, to her recent union efforts.President Emeritus Donna Dewitt, of the South Carolina AFL-CIO, told the assembled workers: “The Southern Workers Assembly was responsible for drafting the resolution that was adopted at the national AFL-CIO convention in 2013 to organize the South.” Yet the national unions and the two labor federations, the AFL-CIO and Change to Win, have not engaged in coordinated efforts in many years to organize labor in the South.With few exceptions, unions organizing in the South tend to be trying to make up for the loss of union members elsewhere. They lack a long-term strategy, including allocating financial resources to organize Southern labor as a social movement. Dewitt continued, “This school was a critical step to move this plan forward.” At the end of the school, workers discussed a constitution for the Southern Workers Assembly and vowed to take it back to their locals for adoption and support.The struggle to organize the South just took a momentous leap forward. To learn more, visit thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

  • TCU receives $20,000 grant to become smoke-free

    first_imgTCU received a $20,000 grant to become smoke-free. (AP Photo/Gerald Herbert) + posts Linkedin ReddIt Twitter MULTIMEDIA: Current election results Previous articleWomen’s basketball second half adjustments lead to big win over Sam Houston StateNext articleTCU Rangers bring spirit to sporting events Jocelyn Sitton RELATED ARTICLESMORE FROM AUTHOR Jocelyn is a senior journalism, political science and French major from Nashville, Tennessee. She is a managing editor for TCU360. She’s rarely seen without a Diet Coke and has been known to spill a few near her computer in the convergence center. Jocelyn Sitton Jocelyn Sitton Jocelyn Sitton Jocelyn Sitton Welcome TCU Class of 2025 Fall semester brings new assistant vice chancellor for public safety, assistant chief of police ReddIt Facebook World Oceans Day shines spotlight on marine plastic pollution printTCU is joining an effort to have the nation’s first ever generation of non-smokers.The university was awarded a $20,000 grant to work toward becoming a 100 percent smoke- and tobacco-free campus, officials announced Tuesday.The grant is part of the Tobacco-Free Generation Campus Initiative, a collaboration between the American Cancer Society and the CVS Health Foundation. Over the next three years, the program will distribute $3.6 million as “part of a larger push and initiative to deliver the United States’ first tobacco-free generation,” said Joy Donovan Brandon, the director of communications for the American Cancer Society.TCU is one of 20 schools to receive this initial grant, and one of three Texas universities to be awarded, alongside El Paso Community College and Texas A&M – Corpus Christi.Brandon said that 99 percent of smokers start by their mid-20’s.“When you get to college, a lot of times for the traditional college student it’s the first time you’re on your own and making adult decisions,” Brandon said. “We’re trying to get to that generation in time to prevent them from becoming lifelong smokers.”According to a survey conducted last month on campus, 76 percent of the TCU community supports a smoke-free campus, while only 12 percent responded that they would not support this effort.Ryker Thompson, a senior finance major and the grant project lead, said TCU students have been working towards a smoke-free campus for several years.In 2014, Student Government Association passed a resolution in support of a ban on campus smoking. Last year, Thompson became involved with Smoke-Free Fort Worth, a city effort to end smoking in public places and work locations. Through this organization, Thompson learned about the application process for the TFGCI grant.“This grant will help fund the process of seeing if a smoke- and tobacco-free campus is good for TCU,” Thompson said.Thompson said the process will mimic that of campus carry, including at least one open forum, an email address and website and resolutions from the Faculty Senate, the Staff Assembly, the Graduate Student Senate and SGA.“The goal is, by spring break, all those organizations will submit a resolution supporting or not supporting a smoke- and tobacco-free campus,” Thompson said.This movement towards the elimination of smoking and tobacco use is part of a larger local and national trend.Smoke-Free Fort Worth is a non-profit organization “trying to ensure all Fort Worth workers have a smoke-free workplace,” Dr. Mark Koch, a physician at John Peter Smith Hospital and the co-chair of the organization, said.Koch’s work said his work as a physician has influenced his involvement with this movement.“With certainty, there’s not a single cell in your body that benefits from smoke and tobacco exposure,” Koch said.Smoking is responsible for an estimated one in five deaths in the United States, according to the National Center for Chronic Disease Prevention and Health Promotion.Brandon said Fort Worth is the largest city in Texas to not have a smoke ordinance, and Smoke-Free Fort Worth is working to remedy that.“Having TCU on board [as a smoke-free campus] might be able to help sway the city council,” Koch said. “If people are working at TCU, then that deserves to be smoke-free.”This grant announcement is in conjunction with the American Cancer Society’s Great American Smokeout on Nov. 17, an event focused on encouraging people to quit smoking. For more information about the risks of smoking and tobacco use, visit the American Cancer Society’s website. TCU Christmas tree lighting 2016 Linkedin OPINION: Brite Divinity students’ response to Ben Shapiro event Jocelyn Sitton Facebook TCU places second in the National Student Advertising Competition, the highest in school history Twitterlast_img read more

  • ALERT: US – Judge rules in favor of CNN’s request to restore reporter’s press pass

    first_imgFor the latest updates, follow RSF on twitter @RSF_en. Organisation NSO Group hasn’t kept its promises on human rights, RSF and other NGOs say June 3, 2021 Find out more Following today’s ruling, CNN released a statement that said, “We are gratified with this result and we look forward to a full resolution in the coming days.  Our sincere thanks to all who have supported not just CNN, but a free, strong and independent American press.” The judge first heard oral arguments from both sides on November 14, a day after CNN filed the lawsuit in the US District Court in Washington, DC, accusing the administration of violating Acosta’s First and Fifth Amendment rights when, after a heated November 7 press briefing, the White House indefinitely suspended Acosta’s White House press pass. Federal Judge Timothy A. Kelly made his ruling on November 16 based on CNN’s Fifth Amendment claims alleging the White House revoked Acosta’s press press without providing him adequate notice or an opportunity to respond. The judge rejected the Trump administration’s argument that tweets and statements published by President Donald Trump and White House Press Secretary Sarah Sanders, as well as a CNN statement opposing the revocation of Acosta’s credentials, amounted to adequate due process. During the ruling, Kelly also referred to Sanders’ initial claim that Acosta put his hands on a White House press aide as “likely untrue.” Reporters Without Borders (RSF) welcomes a federal judge’s ruling today in favor of CNN’s request for a temporary restraining order, which restores press credentials the White House had revoked from reporter Jim Acosta last week. “This ruling is a critical win for press freedom,” said Margaux Ewen, Director of RSF’s North America bureau. “The Trump administration’s revocation of Mr. Acosta’s press pass was reckless and, as the judge said today, ‘shrouded in mystery,’ and we are relieved that Mr. Acosta can return to work at the White House.” United StatesAmericas June 7, 2021 Find out more News November 16, 2018 ALERT: US – Judge rules in favor of CNN’s request to restore reporter’s press pass Kelly emphasized the limited nature of this ruling, and it remains possible the White House could move to revoke Acosta’s credentials again if it provides due process. The outcome of this hearing is the first of several components to CNN’s lawsuit against the Trump administration. Kelly made no judgement on CNN’s First Amendment claims, and has yet to rule on whether it will grant the news network “permanent relief,” which would deem the revocation unconstitutional and protect other reporters from similar retaliation.   Help by sharing this information RSF_en Follow the news on United States Receive email alerts The United States ranks 45th out of 180 countries in RSF’s 2018 World Press Freedom Index after falling 2 places in the last year. MANDEL NGAN / AFP Facebook’s Oversight Board is just a stopgap, regulation urgently needed, RSF says WhatsApp blocks accounts of at least seven Gaza Strip journalists United StatesAmericas News News to go further News April 28, 2021 Find out morelast_img read more

  • Splitting couples turn to mediation

    first_imgWATCH: “Everyone is fighting so hard to get on” – Pat Ryan on competitive camogie squads Email Advertisement Limerick’s National Camogie League double header to be streamed live [email protected] going through martial or domestic breakups are increasingly turning to the Family Mediation Service in Limerick rather than going to the expense of court action to divide property and agree on child access.Sign up for the weekly Limerick Post newsletter Sign Up 400 clients a year are now using the free service in Limerick, according to Regional Manager, Carmel Savage.“The majority of people who use our services are couples divorcing or separating although we do have a smaller but increasing number of extended family disputes,” said Ms Savage.The Regional Manager was speaking ahead of Mediation Awareness Week which runs from October 10 to 15, with a special open day in Limerick on Tuesday, October 18 from 11am to 2pm.“This has always been a free service and everyone can access it, regardless of income,” Ms Savage told the Limerick Post.“People can expect to wait to see a mediator for between two and three months which is pretty good, as we have recently put more resources into the service.“If couples decide to go to court, they could be waiting that long or longer and there is cost involved. There are also long waiting lists for representation through the law centres,” she added.According to the governing organisation “Mediation is a successful and cost-effective alternative to going to Court.   It saves time, money and important relationships.  Mediators do not make decisions or judgements, instead they quickly and expertly help people in conflict to reach their own agreement together. “Mediation Awareness week will highlight the benefits of this highly effective process and the opportunity it offers to resolve conflict right across our society”.Parenting children, the family home, property, savings and pensions are among the most common areas which need resolution at a mediation session, the service finds.The Service, which is now part of the Legal Aid Board, celebrates its 30th year this year.This free public service helps couples who are separating or divorcing to negotiate their own terms of agreement, taking into account the needs and interests of all involved. On average, mediation takes between four and six sessions with each session taking around an hour.The service is also available to resolve disputes between businesses, community organisations and individuals.The first session gives the opportunity to explore mediation as an option for you and, after this, there is an agreement whether to go ahead with mediation in full.The Legal Aid Board also provides a number of Court based mediation services around the country. You can access mediation and information on the location of offices through: Facebook Previous articleBLOWN AWAY by Bualadh Bos Children’s Festival, October 11 to 21Next articleTrusource Labs create 134 jobs in Limerick Bernie Englishhttp://www.limerickpost.ieBernie English has been working as a journalist in national and local media for more than thirty years. She worked as a staff journalist with the Irish Press and Evening Press before moving to Clare. She has worked as a freelance for all of the national newspaper titles and a staff journalist in Limerick, helping to launch the Limerick edition of The Evening Echo. Bernie was involved in the launch of The Clare People where she was responsible for business and industry news. NewsSplitting couples turn to mediationBy Bernie English – October 10, 2016 1379 WhatsApp Predictions on the future of learning discussed at Limerick Lifelong Learning Festival center_img Print RELATED ARTICLESMORE FROM AUTHOR Limerick Ladies National Football League opener to be streamed live TAGScouplesdivorcelimerickMediationseperation Linkedin Twitter Limerick Artist ‘Willzee’ releases new Music Video – “A Dream of Peace” Billy Lee names strong Limerick side to take on Wicklow in crucial Division 3 clashlast_img read more

  • Milford man due in court in connection with Donegal and Sligo drugs seizures

    first_img Facebook Milford man due in court in connection with Donegal and Sligo drugs seizures Man arrested on suspicion of drugs and criminal property offences in Derry Google+ Facebook Gardai said a file on her is being sent to the Director of Public Prosecutions.The man, who was held in custody overnight at Ballymote Garda Station, will be accused before Judge Kevin Kilrane on charges linkedto the discovery of cannabis resin worth an estimated €80,000 found in a car on Monday on the N4 at Castlebaldwin, Ballymote.Another €24,000 worth of cannabis was found in a search of the house where the couple lived in Milford. News RELATED ARTICLESMORE FROM AUTHOR A man with an address at Milford is due to appear at Sligo District Court this morning(Thurs) on charges linked to the seizure of more than €100,000 of cannabis linked to searches in Sligo and Donegal.The man, aged 33, is from Dundalk. An English woman in her 20s who shared his Milford address and was arrested with him in Ballymote, Co. Sligo, was released last night(Thurs) without charge. WhatsApp Twitter Twitter 75 positive cases of Covid confirmed in North Gardai continue to investigate Kilmacrennan fire WhatsApp Further drop in people receiving PUP in Donegal Google+ Main Evening News, Sport and Obituaries Tuesday May 25th Pinterest Previous articleInjured man airlifted from grounded boat in Sligo BayNext articleAmnesty International says families of those who died in the Troubles have been failed News Highland 365 additional cases of Covid-19 in Republic Pinterest By News Highland – September 12, 2013 last_img read more

  • Breaking- Section 357A(4) Cr.P.C Is A Substantive Provision; Victims Entitled To Compensation Even For Crimes That Occurred Prior To Its Enactment: Kerala High Court

    first_imgTop StoriesBreaking- Section 357A(4) Cr.P.C Is A Substantive Provision; Victims Entitled To Compensation Even For Crimes That Occurred Prior To Its Enactment: Kerala High Court Sparsh Upadhyay28 Dec 2020 4:38 AMShare This – xIn a landmark Judgment the Kerala High Court last week held that the provisions in Section 357A(1)(4)&(5) Cr.P.C are substantive in character and the victims under Section 357A(4) of the Cr.P.C. are entitled to claim compensation for incidents that occurred “even prior to the coming into force of the said provision.” Importantly, the Bench of Justice Bechu Kurian…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 landmark Judgment the Kerala High Court last week held that the provisions in Section 357A(1)(4)&(5) Cr.P.C are substantive in character and the victims under Section 357A(4) of the Cr.P.C. are entitled to claim compensation for incidents that occurred “even prior to the coming into force of the said provision.” Importantly, the Bench of Justice Bechu Kurian Thomas ruled, “By giving the benefit to victims under Section 357A(4) Cr.P.C., for crimes that occurred prior to 31.12.2009, the statutory provision is not given retrospective effect, and instead a prospective benefit is given based on an antecedent fact.” [NOTE: The Code of Criminal Procedure Amendment Act, 2008, apart from introducing a definition for the term ‘victim’ in Section 2(wa), inserted a new provision as Section 357A to the Cr.P.C and this provision is related to concept of rehabilitation of the victim. While the compensation payable under Section 357 Cr.P.C. is punitive in nature, the compensation awarded under Section 357A is rehabilitative. The amended provisions do not mention anywhere that the amendment is prospective or even retrospective in character.] The question before the Court Would the victim, of a crime that occurred prior to 31.12.2009, be entitled to claim compensation under Section 357A (4) of the Cr. P.C i.e., is the provision retrospective or prospective in its application? In the quest to ascertain whether Section 357A(4) Cr.P.C applies to offences that occurred prior to 31.12.2009, the Court had to identify whether the provision is substantive or procedural (we will under this in the coming paragraphs).Section 357A(4) Cr.P.C reads, Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation. Facts in brief Respondents 2 to 4 are the legal heirs of one late Sri.Sivadas who died in a motor vehicle accident that took place on 26-03-2008. Though a crime was registered by the Police, the accused could not be identified or traced and the trial has not taken place. In 2013, the legal heirs applied to the District Legal Services Authority, Alappuzha, seeking compensation from the State under Section 357A(4) CrPC. An enquiry, as contemplated under Section 357A(5) Cr.P.C, was conducted and the enquiry report was submitted on 12-09-2013 which considered the circumstances, and concuded that an amount of Rs.3,03,000/- was sufficient compensation that could be awarded to the dependents of late Sri.Sivadas. On the above basis, the State of Kerala was directed to pay an amount of Rs.3,03,000/- to the dependents of late Sivadas under Section 357A(5) of the Cr.P.C. The State of Kerala challenged this Order before the Kerala HC. Controversy before the Court and the Arguments put forth The Senior Government Pleader argued that the direction to the State to pay compensation to the dependents of a victim under Section 357A(4)&(5) of the Cr.P.C., for a crime that occurred on 26-03-2008, relying upon an amended provision, brought into effect only on 31.12.2009, and based on an application of the year 2013, is wholly unfair and contrary to the statutory prescription. It was also contended by the State that Section 357A(4) Cr.P.C couldn’t be given a retrospective operation as the financial implication of such an interpretation would be so enormous upon the Government, that it will crumble the economic planning of the State. On the other hand, the counsel for respondents 2 to 4 (dependents), argued that the provision applies to past occurrences of crime also and that the concept of Section 357A is akin to a joint tortfeasor under the civil law, and the legislative attempt by bringing in Section 357A Cr.P.C. was to make State also a joint tortfeasor, in a limited manner. It was also argued that the concept of rehabilitation of the victim is not a new right that was brought in by Section 357A Cr.P.C., but it is a right that was always inherent under Article 21 of the Constitution of India. Court’s Observations The Court, in its Judgment observed that the Criminal jurisprudence, has always been accused centric, however, “with the advent of the philosophy of victim compensation, with its avowed purpose not to award damages analogous to those in cases of tortious liability, but to give solace, by way of compensation out of the public purse, for the injury sustained, whether the offender had been brought to trial or not, a new stakeholder, in the criminal law, was ushered in.” The Court also noted that the State has a humanitarian responsibility to assist crime victims and also that the assistance is provided because of the social conscience of its citizens and as a symbolic act of compassion. Importantly, the Court held that under Section 357A(4) Cr.P.C, a ‘victim’ is one who suffers any loss or injury by reason of the act or omission of another in which the offender has not been traced or identified and against whom a trial has not taken place as such an interpretation alone would make Section 357A(4) Cr.P.C., workable, and have meaning. Section 357A(4) Cr.P.C: Substantive or Procedural provision? The Court noted that while substantive law creates, defines or regulate rights, the procedural law creates the method for enforcing or having redressal for the rights so created. It may be noted that the Apex Court in the matter of Executive Engineer, Dhenkanal Minor Irrigation Division, Orissa and Others v. N.C Budharaj and Others [(2001) 2 SCC 721] had held that “Substantive law is that part of law, which creates, defines and regulates rights in contrast to what is called adjective or remedial law which provides a method of enforcing rights”. In this backdrop, the court said, “A reading of Sections 357A(1)(4)&(5) Cr.P.C., will make it explicit that the said sub-clauses create a right upon the victim to obtain an award of compensation on satisfying the conditions stipulated therein.” Observing that Section 357A(1)(4)&(5) Cr.P.C., creates a right upon a victim in cases where the offender is not traced or identified and the trial has not taken place, to obtain compensation, from the State Government for the rehabilitation of the victim, the Court said, “It has created and defined rights for a victim, and a duty upon the State Government to pay compensation. Thus Section 357A(1)(4)&(5) Cr.P.C., is a substantive law and not procedural law.” Notably, the Court said, “When an application is made by a victim of a crime that occurred prior to the coming into force of Section 357A(4) Cr.P.C., a prospective benefit is given, taking into reckoning an antecedent fact. Adopting such an interpretation does not make the statute or the provision retrospective in operation. It only confers prospective benefits, in certain cases, to even antecedent facts. The statute will remain prospective in application but will draw life from a past event also.” “Merely because a prospective benefit under a remedial statutory provision is measured by or dependent on antecedent facts, it does not necessarily make the provision retrospective in operation”, the Court further added. Summary(i) The provisions in Section 357A(1)(4)&(5) Cr.P.C are substantive in character. (ii) The victims under Section 357A(4) of the Cr.P.C. are entitled to claim compensation for incidents that occurred even prior to the coming into force of the said provision. (iii) By giving the benefit to victims under Section 357A(4) Cr.P.C., for crimes that occurred prior to 31.12.2009, the statutory provision is not given retrospective effect, and instead a prospective benefit is given based on an antecedent fact.Case title – District Collector Alappuzha v. District Legal Service Authority, Alappuzha and others [WP(C).No.7250 OF 2014(E)] Click Here To Download OrderRead OrderSubscribe 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

  • Estate agency claims success for its growing hub network

    first_imgNorth West London estate agency Benjamin Stevens says its experiment with hubs has been a success and the company is now moving to expand the network with national ambitions.It has a head office branch in Edgware and a second traditional branch in Bushey but has spent the past 15 months opening two hubs covering Harrow and Wembley, and Luton.These have proved a success, and MD Steve Wayne (pictured, below) has now opened a third hub serving Camden in central London, with more planned later this year. He claims that eventually his agency will cover the whole of London and beyond.“The industry is shifting, and established agencies need to move with the times, or get left behind. The future appears to be the hub,” he says.His hubs, which are in serviced offices, each cover an area of ten miles’ radius and are staffed by commission-only but employed Benjamin Stevens Partner Agents who work both in the hubs and at home.“It allows them flexibility, a better work life balance and the freedom to focus on the local areas they know best,” says Wayne.“It increases levels of customer service as agents must go to the clients rather than the other way around.”Agents working under the Benjamin Stevens brand get round-the-clock access to its marketing tools, operating systems, administrative support, training and knowledge. There are no set up costs or monthly fees.“If this model continues to work successfully as it has been, then it’s possible Benjamin Stevens could become a national brand, but the processed won’t be rushed.“The key is to make sure that each hub is successful and profitable before moving on to the next.”Wayne says he is recruiting Partner Agents with a variety of backgrounds including from well-established agency hubs Benjamin Stevens Estate Agency Steve Wayne February 7, 2020Nigel LewisWhat’s your opinion? Cancel replyYou must be logged in to post a comment.Please note: This is a site for professional discussion. Comments will carry your full name and company.This site uses Akismet to reduce spam. Learn how your comment data is processed.Related articles Letting agent fined £11,500 over unlicenced rent-to-rent HMO3rd May 2021 BREAKING: Evictions paperwork must now include ‘breathing space’ scheme details30th April 2021 City dwellers most satisfied with where they live30th April 2021 Home » News » Agencies & People » Estate agency claims success for its growing hub network previous nextAgencies & PeopleEstate agency claims success for its growing hub networkNorth London firm Benjamin Stevens says it has launched a third hub and has ambitions to soon cover the whole of the the capital and potentially, the nation.Nigel Lewis7th February 20200889 Viewslast_img read more

  • Stamp duty extension must include tapering clause, warns leading conveyancer

    first_imgA leading conveyancer has called for the Chancellor to introduce a ‘grandfathering’ or tapering clause when he announces his three-month extension to his stamp duty holiday next week.Grandfathering is when buyers who have either exchanged contracts but not completed, or those who can demonstrate they have started a transaction before the deadline and have incurred solicitor costs, for example, are given more time to complete past the deadline.The call has been made by leading Midlands firm Adcocks which says it has already seen buyers taking extreme and high-risk measures to get their sales over the line in recent weeks.This includes skipping property searches, surveys and valuations as house purchases take 18 weeks to complete, on average, compared to the normal eight to ten weeks.Tapering off period“If an extension is announced next week, it is essential that a tapering off period is also granted, such as a paperwork deadline,” says director Hedley Adcock (pictured), whose family has run the firm for 112 years.“This so called ‘grandfathering’ of the SDLT holiday would ease the pressure on the current backlog and ensure searches or valuations are not ignored in order to receive the tax relief.“Our worry is that if the deadline is simply extended, we can expect to see buyers continue to take unnecessary risks to aid the moving process in a few months’ time.”Research published by Zoopla today reveals that some 234,000 home movers who have already agreed a sale are set to benefit from the Chancellors’ mooted stamp duty holiday extension, saving them a total of £984 million.adcocks Henry Adcock HMRC stamp duty February 25, 2021Nigel LewisOne commentMurray Lee, Dreamview Estates Dreamview Estates 25th February 2021 at 12:03 pmTotally agreeAs I have said yesterday all they need to do is allow any sales AGREED before 31/3 and with sales memo issued, confirmation of receipt from lawyers and proof of issue of contract to buyers lawyer, to take advantageIts a simple idea and, despite doubters, I cannot see why anyone NOT buying a property, would try and scam this?Log in to ReplyWhat’s your opinion? Cancel replyYou must be logged in to post a comment.Please note: This is a site for professional discussion. Comments will carry your full name and company.This site uses Akismet to reduce spam. Learn how your comment data is processed.Related articles BREAKING: Evictions paperwork must now include ‘breathing space’ scheme details30th April 2021 City dwellers most satisfied with where they live30th April 2021 Hong Kong remains most expensive city to rent with London in 4th place30th April 2021 Home » News » Housing Market » Stamp duty extension must include tapering clause, warns leading conveyancer previous nextHousing MarketStamp duty extension must include tapering clause, warns leading conveyancerMidlands and national firm Adcocks says tapering is needed to relieve pressure on an already stressed conveyancing system.Nigel Lewis25th February 20211 Comment550 Viewslast_img read more