Share on Facebook Tweet on Twitter LEAVE A REPLY Cancel reply Please enter your comment! You have entered an incorrect email address! Please enter your email address here Residential customers would see a very slight increaseFred Crabtree made a bold proposal at Monday’s Lake Apopka Natural Gas District board meeting. Crabtree, the Vice President of LANGD wants to change the method of allocating “Capacity Charges”.So what are Capacity Charges?To be certain enough gas is available to meet the maximum demand of its 19,000 customers LANGD has contracted with an interstate pipeline, Florida Gas Transmission Company, to reserve sufficient space or capacity.The District pays nearly $1,400,000 to the pipeline for capacity regardless of how much it uses and has contracted with the Florida Gas Transmission (FGT) pipeline for capacity.How does this affect customers?All customers receive an allocation of the $1,400,000 based upon the last three years of gas. Residential customers whose bills average about $30.00 per month each receive a very small allocation. Commercial customers whose bills can be thousands of dollars per month receive much larger allocations.What was Crabtree’s proposal?Not all of LANGD’s customers purchase gas from the District. About 70 of the commercial customers buy their gas from other sources called, “Marketers”. But the Marketers need a way to deliver the gas and the only way to do that is to pay LANGD a transportation fee. Because LANGD only provides transportation services to these customers they are called, “Transportation Customers.”If a Transportation Customer uses more gas than they purchased from their Marketers, the District is currently responsible for making sure they get all of the gas they need.Crabtree is proposing that the District study the possibility of allowing certain transportation customers to purchase their excess capacity needs from their Marketers. If this were to happen the District would not be responsible for supplying gas in excess of what was purchased from the Marketer and would not allocate any of the $1,400,000 capacity charge to customers that chose this option.The $1,400,000 would then be allocated to fewer customers. Crabtree estimated that if all of the eligible commercial customers chose this option the increased cost to residential customers would be less than one dollar per month ($0.94).Why is this being considered?For more than two years many nursery customers have been complaining about the cost of gas from LANGD. This was an issue during the Apopka City Council elections in 2014 and 2016.On Monday Crabtree said this about the District’s current Capacity Charge allocation program, “It creates financial, public relations and political problems.”Crabtree’s proposal prompted a lot of discussion at the meeting regarding the technical details of allocation programs including which Transportation Customers would be eligible for the proposed new program.The Board agreed to have the staff study Crabtree’s proposal and present their findings at the October 24, 2016 Board Meeting. September 30, 2016 at 9:33 pm Mama Mia Gov. DeSantis says new moment-of-silence law in public schools protects religious freedom TAGSCapacity ChargesFred CrabtreeLake Apopka Natural Gas District Previous articleCounty Budgets $185 Million for Community, Environmental and Development ServicesNext articleParty at Kit Land Nelson for Free Mammograms Dale Fenwick RELATED ARTICLESMORE FROM AUTHOR Florida gas prices jump 12 cents; most expensive since 2014 Please enter your name here UF/IFAS in Apopka will temporarily house District staff; saves almost $400,000 What a cool last name, Crabtree…..LOL…..I like it. Hello there Mr. Crabtree. Reply 1 COMMENT Save my name, email, and website in this browser for the next time I comment.
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Fort Worth’s first community fridge program helps serve vulnerable neighborhoods Twitter The Podell and Pickell Show airs every week on TCU 360. This episode is an interview with guest Drew Davison of the Fort Worth Star-Telegram. (00:00-27:00). Garrett and Jonathan break down the week in sports. They talked NBA (27:00-56:00), college basketball (56:00-1:10:00), NFL (1:10:00-1:231:00) and MLB (1:31:00-1:41:30). Recorded on March 7, 2019. To listen to any and all previous Podell and Pickell show episodes, click here. Boschini talks: construction, parking, tuition, enrollment, DEI, a student trustee Previous articleSettling in U.S. Refugees in AmericaNext articleOkonkwo primed for success after basketball career Garrett Podell RELATED ARTICLESMORE FROM AUTHOR Linkedin Garrett Podell Facebook Garrett is a Journalism and Sports Broadcasting double major. He is the Managing Editor for TCU360, and his passions are God, family, friends, sports, and great food. Garrett Podellhttps://www.tcu360.com/author/garrett-podell/ Men’s basketball scores season-low in NIT semifinals loss to Texas print Linkedin Garrett Podellhttps://www.tcu360.com/author/garrett-podell/ Garrett Podellhttps://www.tcu360.com/author/garrett-podell/ Twitter TCU rowing program strengthens after facing COVID-19 setbacks Facebook Listen: The Podell and Pickell Show with L.J. Collier Boschini: ‘None of the talk matters because Jamie Dixon is staying’ Garrett Podellhttps://www.tcu360.com/author/garrett-podell/ + posts ReddIt ReddIt 2021 NFL Mock Draft (Part 1) Special
RussiaEurope – Central Asia Condemning abusesProtecting journalists Judicial harassmentViolenceImprisoned Reporters Without Borders (RSF) calls for the immediate release of Alexander Batmanov, a journalist accused of stealing bread and sausage who has been held provisionally for nearly three months in Volgograd, in southern Russia, despite having two broken ankles. Читать по-русски / Read in RussianThis absurdity of the case is no laughing matter because Batmanov’s physical condition is very worrying. RSF regards the way the authorities have treated him as inhuman and disproportionate. The presenter of the Volgograd-based online TV channel NGO-TV, Batmanov was arrested on a shoplifting charge on 23 June, a Friday. After questioning him, the police locked him into a second-floor room in the police station with the intention of leaving him there during the weekend. No reference was made to a judicial authority. Desperate because he had been left without food or water, Batmanov tried to escape the next day by climbing out of a window but fell to the ground two storeys below, breaking both ankles. He was taken to a hospital where he was operated on and spent several days under police guard. Since then he has been in prison where he has not received appropriate medical care and has to spend most of his time horizontal in his cell, assisted by fellow detainees. His trial was due to be held in August but has been postponed because his physical condition prevents him from attending court hearings. He was on a stretcher when his lawyer first saw him. NGO-TV founder Temur Kobaliya said the real reason for Batmanov’s arrest was his work as a journalist. The TV station covers human rights and NGO news, and the authorities have long had it in their sights. “Why keep this journalist in prison when he cannot move and cannot flee?” asked Johann Bihr, the head of RSF’s Eastern Europe and Central Asia desk. “This cruel and disproportionate treatment reinforces the questions about the charge. Is it just a way to punish Alexander Batmanov and intimidate his colleagues? The lack of medical care just delays his trial and prolongs his detention. It is time to break this vicious circle.” The harassment of independent media outlets has grown steadily since Vladimir Putin’s return to the Kremlin as president in 2012. The increasingly oppressive climate at the national level has encouraged powerful provincial officials to deal more firmly with their media critics. Russia is ranked 148th out of 180 countries in RSF’s 2017 World Press Freedom Index. Related documents cp_bamanov_ru.pdfPDF – 269.1 KB RussiaEurope – Central Asia Condemning abusesProtecting journalists Judicial harassmentViolenceImprisoned Receive email alerts News RSF_en September 14, 2017 – Updated on September 18, 2017 Russian journalist, unable to stand, held for nearly three months to go further Help by sharing this information Follow the news on Russia Organisation Russian media boss drops the pretence and defends Belarus crackdown News Listed as a “foreign agent”, Russia’s most popular independent website risks disappearing News June 2, 2021 Find out more Two Russian journalists persecuted for investigating police corruption May 21, 2021 Find out more News Credit: Радио Свобода May 5, 2021 Find out more
Governmental Measures Target Expanded Access to Affordable Housing 2 days ago About Author: David Wharton Servicers Navigate the Post-Pandemic World 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Subscribe The Best Markets For Residential Property Investors 2 days ago The Best Markets For Residential Property Investors 2 days ago Sign up for DS News Daily Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Demand Propels Home Prices Upward 2 days ago Demand Propels Home Prices Upward 2 days ago David Wharton, Managing Editor at the Five Star Institute, is a graduate of the University of Texas at Arlington, where he received his B.A. in English and minored in Journalism. Wharton has over 16 years’ experience in journalism and previously worked at Thomson Reuters, a multinational mass media and information firm, as Associate Content Editor, focusing on producing media content related to tax and accounting principles and government rules and regulations for accounting professionals. Wharton has an extensive and diversified portfolio of freelance material, with published contributions in both online and print media publications. Wharton and his family currently reside in Arlington, Texas. He can be reached at [email protected] Click here to view a recording of the Zombie Homes webinar.On Thursday, DS News and sponsor Altisource Field Services presented an exclusive, complimentary webinar entitled “Zombie Homes—Challenges and Guidance.” This event united subject matter experts to discuss the unique challenges posed by zombie homes, ranging from servicer responsibilities, legal challenges, and the property preservation demands involved with maintaining due diligence for these properties that are often caught in a sort of legal limbo.Zombie homes are vacant properties caught in the midst of the foreclosure process, but which are not yet under the control of the servicer or noteholder. They are often created as a result of well-meaning legislators and regulators who are attempting to help borrowers by extending foreclosure processes. In judicial foreclosure states, the foreclosure process can drag on for more than 1,000 days, during which the property may be uninhabited and falling into disrepair, posing safety risks as well as driving down local property values. Unfortunately, the process of dealing with zombie properties is complicated by statutes and regulations that vary wildly even when it comes to the basic definition of what constitutes a vacant or abandoned property in the first place.The DS News “Zombie Homes—Challenges and Guidance” webinar featured presentations and insights from moderator Rick Sharga, EVP, Carrington Mortgage Holdings; Dawn Adams, SVP, Default Servicing, RoundPoint Mortgage Servicing; Stephen Hladik, Partner, Hladik, Onorato & Federman; and Timothy Meyer, SVP of Field Services, Altisource.After a quick rundown of the current state of zombie properties, which are most prevalent in states such as New York, New Jersey, Florida, Illinois, and Ohio, moderator Rick Sharga handed things off to Dawn Adams from Roundpoint. She delved into the challenges presented by the lack of standardized definitions as to what constitutes a zombie property, and how expedited foreclosures can help combat the zombie properties problem.From there, Stephen Hladik walked attendees through the complex web of legal challenges presented by zombie homes, and how some states such as Pennsylvania are passing new legislation to aid in the fight against these abandoned properties.Finally, Altisource’s Timothy Meyer covered the property preservation angle, discussing inspections, repairs, compliance, and complaint resolution, as well as highlighting how field servicers should partner with local governments to combat urban blight.If you missed out on the webinar today, don’t worry—you can still view a recording of the presentation by clicking here. You can also view the PowerPoint slides for the presentation by clicking here. Data Provider Black Knight to Acquire Top of Mind 2 days ago Print This Post Related Articles Share Save Webinar zombie homes 2018-06-21 David Wharton Tagged with: Webinar zombie homes Home / Daily Dose / Zombie Homes Webinar Addresses Abandoned Property Challenges Data Provider Black Knight to Acquire Top of Mind 2 days ago Zombie Homes Webinar Addresses Abandoned Property Challenges June 21, 2018 3,115 Views The Week Ahead: Nearing the Forbearance Exit 2 days ago Previous: CFPB vs. PHH Dismissed: RESPA Enforcement Implications Next: Trump Administration Sets Forth Plan to End GSE Conservatorship in Daily Dose, Featured, Foreclosure, Journal, News, REO, Servicing
ColumnsThe Meaning Of The Expression “Legal Proceedings” And Its Judicial Interpretation Dormaan Dalal17 Nov 2020 1:30 AMShare This – xThe expression “legal proceeding/s” finds place in several Union and State statutes in India. The expression is most commonly used in negatively worded sections that bar the filing of “legal proceedings” against certain official or judicial functionaries. Examples of such sections are For instance, sections such as Section 98 of the Consumer Protection Act, 2019 Section 157 of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe expression “legal proceeding/s” finds place in several Union and State statutes in India. The expression is most commonly used in negatively worded sections that bar the filing of “legal proceedings” against certain official or judicial functionaries. Examples of such sections are For instance, sections such as Section 98 of the Consumer Protection Act, 2019 Section 157 of the Central Goods and Services Tax Act, 2017, Section 42B of the Arbitration and Conciliation Act, 1996, Section 69 of the Narcotic Drugs and Psychotropic Substances Act, 1985 etc. prohibit a suit, prosecution or “other legal proceedings” from being filed against the Government or its officials, Judicial Officers, Arbitrators etc. The said expression is also commonly used in “Repeal and Saving” Clauses of new statutes that save pending proceedings that may have been initiated under a previous statute. Some examples of such clauses are Section 6 of the General Clauses Act or Section 126 (6) of the Multi-State Cooperative Societies Act, 2002. But what does this expression mean and what is its scope? Does it apply to purely judicial proceedings in a court of law or can its scope expand beyond to other proceedings that are not court proceedings but have trappings of court proceedings? Is the meaning of the expression standardized or is it contextualized based on the statute in which it is found? The purpose of column is to examine the meaning of this expression and analyze its nature and scope through certain judicial decisions that have been delivered on this aspect. MEANING AND SCOPE OF “LEGAL PROCEEDINGS” Black’s Law Dictionary defines a “Legal Proceeding” as “any proceedings in court of justice, whether law or equity, interlocutory or final, by which property of debtor is seized and diverted from his general creditors.” The definition goes on to state that “this term includes all proceedings authorized or sanctioned by law and brought or instituted in a court of justice or legal tribunal, for the acquiring of a right or the enforcement of a remedy.” As per P. Ramanatha Aiyar, Concise Law Dictionary, “Legal proceeding means, – any proceedings or inquiry in which evidence is or may be given.an arbitration; andany investigation or inquiry under the CrPC, 1973 (2 of 1974), or under any other law for the time being in force for the collection of evidence, conducted by a police officer or by any other person (not being a magistrate) authorised in this behalf by a magistrate or by any law for the time being in force. [Banker’s Books Evidence Act (18 of 1891), S. 2(4)] ‘LEGAL PROCEEDING’ means any proceeding under any law before any Court, tribunal, officer, authority, arbitrator, stated on a plaint, petition of appeal, application, reference, or otherwise. [Rajasthan Relief Undertakings (Special Provision) Act (9 of 1961), S. 4 (1)(b) Expln.] Legal proceeding means a proceeding regulated or prescribed by law in which a judicial decision may or must be given. Legal proceeding mean any proceedings authorised by law for redressal of a legal grievance of for violation of a legal right.” One of the earliest decisions that dealt with the expression was delivered by the erstwhile Federal Court of India in The Governor-General in Council v. Shiromani Sugar Mills Ltd. (In Liquidation) (hereinafter referred to as “Shiromani Sugar Mills”). The issue before the Federal Court was whether the leave of the Company Court/Winding-up Court was necessary to be obtained by the Income- Tax officer under Section 171 of the erstwhile Companies Act, 1913 for initiating recovery proceedings under Section 46 (2) of the Indian Income Tax Act 1922. As per Section 171, “no suit or other legal proceeding” could be proceeded with or commenced against the company except by the leave of the Court when a winding up order had been made or a provisional liquidator had been appointed. According to the Federal Court, the term ” other legal proceedings” could not be confined to “original proceedings in a Court of first instance, analogous to a suit initiated by means of a petition similar to a plaint.” The Court stated that Section 171 had to be construed with reference to other sections of the Act. The Court further opined that “no narrow construction” should be placed upon the words “or other legal proceedings” and the said words were held to cover distress and execution proceedings in ordinary courts. One of the questions before the Federal Court was whether recovery proceedings under Section 46 of the Indian Income Tax Act, 1922 were covered by the phrase “other legal proceeding.” In the Court’s opinion it saw no reason why “in British India no ” legal proceeding” can be taken otherwise than in an ordinary Court of law, or why a proceeding taken elsewhere than in an ordinary Court of law, provided it be taken in a manner prescribed by law and in pursuance of law or legal enactment, cannot properly be described as a “legal proceeding.” ” The Court eventually held that proceedings under Section 46 (2) of the aforesaid Act were “other legal proceedings.” Shiromani Sugar Mills was subsequently relied on and followed in a series of decisions which are briefly enumerated below: In Binod Mills Co. Ltd. Ujjain ( M.P.) v. Suresh Chandra Mahaveer Prasad Mantri, Bombay(hereinafter referred to as “Binod Mills”), the Supreme Court was dealing with the interpretation of Section 5 of the M.P. Sahayata Upkram (Vishesh Upbandh) Adhiniyam, 1978 as per which “no suit or other legal proceeding” could be instituted, commenced or proceeded against an industrial undertaking during the period in which it remained “a relief undertaking under any law, usage, custom, contract, instrument, decree, order, award, settlement” or as per any other provision. The question before the Supreme Court was whether execution proceedings/petitions would fall within “other legal proceedings” under Section 5 of the aforesaid Act and once the decree was passed by the Bombay High Court and transferred to an executing court in Madhya Pradesh (the District Judge Ujjain), could the plea of suspension of decree under Section 5 of the Act be entertained by the executing Court? The Supreme Court held that execution proceedings would fall within the purview of “other legal proceedings”, as not doing so “would render Section 5 of the Act nugatory” and destroy the benefits conferred. Shiromani Sugar Mills was also followed in a decision of the Bombay High Court in Amravati Growers Co-operative Spinning Mills Ltd. v. Sheshrao K. Ingale and others in which the court held that the expression “other legal proceedings” under Section 107 of the Maharashtra Cooperative Societies Act, 1960 would include proceedings initiated under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. In a recent 2016 judgement delivered by the Supreme Court in Ludocivo Sagrado Goveia v. Cirila Rosa Maria Pinto and others, the Court relied on both Shiromani Sugar Mills and Binod Mills to hold that the expression “any legal proceeding” pending in any court found in the Repeal and Saving Clause in Section 126 (6) of the Multi-State Cooperative Societies Act, 2002 would include pending execution proceedings that had been initiated under Section 85 (c) of the repealed Multi-State Cooperative Societies Act, 1984. Shiromani Sugar Mills was however distinguished by the Supreme Court in S.V. Kandekar v. V.M. Deshpande and another (hereinafter referred to as “Kandekar”). In this case, the question that required consideration was whether it was necessary for Income Tax Officer to obtain leave of the liquidation court under Section 446 of the Companies Act, 1956 in order to re-assess a company for escaped income in respect of past years. The Court distinguished Shiromani Sugar Mills on the ground that the proceedings initiated by the Income Tax Department were recovery proceedings after the company had been wound up, whereas in the present case before it, the Court was dealing with assessment proceedings. According to the Supreme Court, in Shiromani Sugar Mills, it was held that the expression “other legal proceedings” covered distress and execution proceedings but “the expression was not held to cover assessment proceedings” under the Income Tax Act, 1961 and therefore according to the Supreme Court, Shiromani Sugar Mills would not apply. The Supreme Court eventually held that the Income Tax Officer does not “perform the functions of a Court as contemplated by Section 446 (2) of the Companies Act and since the Income Tax Act is “a complete code” assessment proceedings under Section 446 of the Companies Act could not be held to be “other legal proceedings” and therefore, the leave of the liquidating court was not required. Dealing with the same provision of the previous Companies Act, 1956, the Bombay High Court in Ion Exchange Finance Ltd. and Bombay Leasing Co. Pvt. Ltd. had to decide whether the expression “suit or other legal proceedings in Section 446 (1) and “suit or proceedings” in Section 442 of the Companies Act would include criminal complaints filed under Section 138 of the Negotiable Instruments Act. It was contended by the Petitioners in the said case that the expression “legal proceedings” or “other legal proceedings” had to be read ejusdem generis with the expression “suit” which meant that the expression would apply only to civil proceedings and not criminal proceedings. The High Court was of the view that wherever Parliament choose to confer power on the Company Court to try criminal offences, it had done so, like it did in Section 457 (1) (a) of the Companies Act which used the expression “suit”, “prosecution” or other legal proceedings”. Therefore in this context when the word “prosecution” is used, the expression “other legal proceedings” or “legal proceedings” would include “criminal proceedings”. However, when it came to Section 446, the Court held that the expression “legal proceedings” in the said section meant “only those proceedings which have a bearing on the assets of a Company in winding up or have some relation with the issue in winding up.” It did not mean “each and every civil proceedings” having no bearing on winding up proceedings or “criminal offence where the Company was liable to be prosecuted for”. The Court eventually held that it was “impossible to contend that the Company Court in winding up would have jurisdiction to stay the criminal prosecution or that permission of the Company Court is required to prosecute the Company for offences committed before a provisional Liquidator is appointed or an order of winding up is made.” The principle of ejusdem generis was also applied by the Hon’ble Supreme Court in Assistant Collector of Central Excise, Guntur v. Ramdev Tobacco Company (hereinafter referred to as “Ramdev Tobacco”) while interpreting the expression “other legal proceedings” in Section 40 (2) of the Central Excises and Salt Act, as it stood prior to its amendment in 1973. As per Section 40 (2), “No suit, prosecution or other legal proceeding shall be instituted for anything done or ordered to be done under the Act after the expiration of six months from the accrual of the cause of action or from the date of the act or order complained of.” The issue before the Supreme Court was whether the issuance of a show cause notice and the initiation of consequential adjudication proceedings could be described as “other legal proceedings” within the meaning of sub-section 40(2) of the said Act. By applying the principal of ejusdem generis, the Court held that “there can be no doubt that ‘suit’ or ‘prosecution’ are those judicial or legal proceedings which are lodged in a court of law and not before any executive authority,” even if it were a statutory one. The Supreme Court then stated that “the wide expression ‘other legal proceeding’ must be read ejusdem generis with the preceding words ‘suit’ and ‘prosecution’ as they constitute a genus.” The Court ultimately held that “penalty and adjudication proceedings” did not fall within the expression “other legal proceedings.” Incidentally, Shiromani Sugar Mills has not been referred to in Ramdev Tobacco. The aforesaid decision along with Binod Mills and Kandekar was referred to and relied upon by a later Bench of the Supreme Court in General Officer Commanding, Rashtriya Rifles v. Central Bureau of Investigation and another (hereinafter referred to as the “CBI case”) in which the Court was dealing with the interpretation of Section 6 of the Armed Forces (Special Powers) Act, 1958 and the pari materia provision in Section 7 of the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 that prohibited institution of any “prosecution, suit or other legal proceeding” without previous sanction of the Central Government. After explaining the difference between “prosecution” and “civil suit”, the Supreme Court examined the expression “legal proceeding.” The relevant portion of the judgment reads thus, “The phrase ‘legal proceeding’ connotes a term which means the proceedings in a court of justice to get a remedy which the law permits to the person aggrieved. It includes any formal steps or measures employed therein. It is not synonymous with the ‘judicial proceedings’. Every judicial proceeding is a legal proceeding but not vice-versa, for the reason that there may be a ‘legal proceeding’ which may not be judicial at all, e.g. statutory remedies like assessment under Income Tax Act, Sales Tax Act, arbitration proceedings etc. So, the ambit of expression ‘legal proceedings’ is much wider than ‘judicial proceedings’. The expression ‘legal proceeding’ is to be construed in its ordinary meaning but it is quite distinguishable from the departmental and administrative proceedings, e.g. proceedings for registration of trade marks etc. The terms used in Section 7 i.e. suit, prosecution and legal proceedings are not inter-changeable or convey the same meaning. The phrase ‘legal proceedings’ is to be understood in the context of the statutory provision applicable in a particular case, and considering the preceding words used therein.” The Court then referred to Ramdev Tobacco and another judgment delivered by it in Maharashtra Tubes Ltd. v. State Industrial & Investment Corpn. of Maharashtra Ltd. and further held that “Legal proceedings” do not include administrative proceedings, departmental proceedings or proceedings before a statutory authority. This has been further reiterated in a judgment delivered by the Bombay High Court in 2019 in Prabhakar Ramchandra Desai and others v. State of Maharashtra and Another (hereinafter referred to as “Prabhakar Ramchandra Desai”). The issue before the High Court was whether Departmental Proceedings are “other legal proceedings” [see Section 3(p)] under Section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1980. The Court in this case held that department proceedings are not “other legal proceedings.” The Court referred to Ramdev Tobacco and the CBI case and set out the following precedential aspects in relation to the expression which are as under: “(1) If particular words of a certain genus precede a wide expression, that wide expression must be limited to things ejusdem generis; that is, it takes colour from the preceding words. It must receive a limited meaning. (2) “Suit” or “prosecution” are those judicial or legal proceedings before a Court of law-but not before any executive authority, even if a statutory one. (3) The phrase “legal proceedings” is to be understood in the context of the statutory provision applicable in a particular case, and by considering the preceding words if any. (4) A departmental proceeding stands outside the scope of “legal proceedings.” (5) In the departmental proceedings, the “consequential adjudication proceedings by the appellate authority” would not fall within the expression “other legal proceedings”. (6) The “legal proceedings” are the proceedings in a court of justice to get a remedy which the law permits to the person aggrieved. (7) And the legal proceedings quite differ from the departmental and administrative proceedings.” A reading of the judgments delivered by the Supreme Court and Bombay High Court show that the expression “legal proceedings” cannot be assigned a fixed meaning and it varies depending on the context and manner in which it is used in a provision. The principles of statutory interpretation have to be used in order to interpret the expression in the absence of a particular statute defining it. However, the Supreme Court and High Court judgments hold that “legal proceedings” are proceedings in a court of law and cannot be extended to departmental and administrative proceedings. The judgment of the Bombay High Court in Prabhakar Ramchandra Desai has helped simplify and consolidate the meaning, nature and scope of the expression. This would in turn certainly be of great assistance to both judges and advocates in dealing with this innocuous, yet complicated expression.Views are personal.(The author is a practicing Advocate at the Bombay High Court and the National Company Law Tribunal.)Reference: –  Sec 98. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the Presidents and members of the District Commission, the State Commission and the National Commission, the Chief Commissioner, the Commissioner, any officer or employee and other person performing any duty under this Act, for any act which is in good faith done or intended to be done in pursuance of this Act or under any rule or order made thereunder.  Sec 157. Protection of action taken under this Act (1) No suit, prosecution or other legal proceedings shall lie against the President, State President, Members, officers or other employees of the Appellate Tribunal or any other person authorised by the said Appellate Tribunal for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. (2) No suit, prosecution or other legal proceedings shall lie against any officer appointed or authorised under this Act for anything which is done or intended to be done in good faith under this Act or the rules made thereunder. 3 Sec 42B Protection of action taken in good faith.- No suit or other legal proceedings shall lie against the arbitrator for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.”  Section 6. Effect of repeal.—Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not— (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed  Section 126. Repeal and Savings- (6) Save as otherwise provided in this Act, any legal proceeding pending in any court or before the Central Registrar or any other authority at the commencement of this Act shall be continued to be in that court or before the Central Registrar or that authority as if this Act had not been passed.  Black’s Law Dictionary, Fourth Edition, p. 1041  Ibid  P. Ramanatha Aiyar Concise Law Dictionary, Third Edition Reprint 2006 Wadhwa Nagpur, p. 677  (1946) 8 FCR 40: 1946 SCC OnLine FC 5  Section 171 Suits stayed on winding-up order: When a winding up order has been made or a provisional liquidator has been appointed no suit or other legal proceeding shall be proceeded with or commenced against the company except by leave of the Court, and subject to such terms as the Court may impose.  46. Mode and time of recovery.— (2) The Income-tax Officer may forward to the Collector a certificate under his signature specifying the amount of arrears due from an assessee, and the Collector, on receipt of such certificate, shall proceed to recover from such assessee the amount specified therein as if it were an arrear of land revenue: Provided that without prejudice to the powers conferred by this sub-section, the Collector shall, for the purpose of recovering the amount specified in the certificate, have also all the powers which— (a) a Collector has under the Revenue Recovery Act, 1890 (I of 1890), (b) a Civil Court has under the Code of Civil Procedure, 1908 (V of 1908), for the purpose of the recovery of an amount due under a decree.  The section corresponds to the present-day Section 279 of the Companies Act, 2013.  Supra note 9 p. 55  Ibid  Ibid p. 56  Ibid  (1987) 3 SCC 99. Referred to at pp. 109-111, para 18 to 20  Section 5. Suspension of suits or other legal proceedings against relief undertakings. As from the date of specified in the notification under sub-section (1) of section 3 no suit or other legal proceedings shall be instituted or commenced or if pending, shall be proceeded with against the industrial undertaking during the period in which it remains a relief undertaking any law, 4 usage, custom, contract, instrument, decree, order, award, settlement or other provisions whatsoever, notwithstanding.  Supra note 17 p. 107, 108 and 111, para 14 and 21  Ibid  1992 SCC OnLine Bom 502 para 3  Section 107. Bar of Suit in winding up and dissolution matters. Save as expressly provided in this Act, no Civil Court shall take cognizance of any matter connected with the winding up or dissolution of a society, under this Act; and when a winding up order has been made no suit or other legal proceedings shall lie or be proceeded with against the society or the Liquidator, except by leave of the Registrar and subject to such terms as he may impose : Provided that, where the winding up order is cancelled the provisions of this section shall cease to operate so far as the liability of the society and of the members thereof to be sued is concerned but they shall continue to apply to the person who acted as Liquidator.  Section 28. Procedure for dealing with complaints relating to unfair labour practices  (2016) 9 SCC 615  Ibid pp. 623, 624 para 14 to 19  (6) Save as otherwise provided in this Act, any legal proceeding pending in any court or before the Central Registrar or any other authority at the commencement of this Act shall be continued to be in that court or before the Central Registrar or that authority as if this Act had not been passed.  85.Execution of decisions, etc Every decision of order made under section 30, section 31, section 73, section 76, section 90, section 92 or section 93 shall, if not carried out,- ( c ) be executed by the Central Registrar or any person authorised by him in writing in this behalf, by attachment and sale or sale without attachment of any property of the person or a multi-State Co-operative society against whom the decision or order has been made.  (1972) 1 SCC 438.  Section 446. Suits stayed on winding up order (1) When a winding up order has been made or the Official Liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, against the company, except by leave of the Court and subject to such terms as the Court may impose. (2) The Court which is winding up the company shall, notwithstanding anything contained in any other law for the time being in force, have jurisdiction to entertain, or dispose of- (a) any suit or proceeding by or against the company; (b) any claim made by or against the company (including claims by or against any of its branches in India); (c) any application made under section 391 by or in respect of the company; (d) any question of priorities or any other question whatsoever, whether of law or fact, which may relate to or arise in course of the winding up of the company; whether such suit or proceeding has been instituted, or is instituted, or such claim or question has arisen or arises or such application has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the Companies (Amendment) Act, 1960. (3) Any suit or proceeding by or against the company which is pending in any Court other than that in which the winding up of the company is proceeding may, notwithstanding anything contained in any other law for the time being in force, be transferred to and disposed of by that Court. (4) Nothing in sub-section (1) or sub-section (3) shall apply to any proceeding pending in appeal before the Supreme Court or a High Court.  Supra note 28 p. 441 para 3  Ibid p. 443 para 8 and p. 446 para 10  Ibid pp. 443-444 para 8  Ibid p. 448 para 13  Supra note 29  Supra note 28 p. 449 para 17  1998 SCC OnLine Bom 689  Ibid para 3  Ibid para 5  Ibid para 7  Section 457. Powers of liquidator (1) The liquidator in a winding up by the Court shall have power, with the sanction of the Court,- (a) to institute or defend any suit, prosecution, or other legal proceeding, civil or criminal, in the name and on behalf of the company;  Supra note 36 para 7  Ibid para 22  Ibid  Ibid para 24  (1991) 2 SCC 119  Ibid p. 123 para 4  Ibid p. 124 para 6  Ibid p. 126 para 8  (2012) 6 SCC 228  Section 6. Protection to persons acting under Act.―No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.  Except for the use of the word “good faith” in the marginal note to Section 7 of the Jammu and Kashmir Act, the provisions are identical.  Section 7. Protection of persons acting in good faith under this Act.—No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.  Supra note 49 p. 243 para 28  (1993) 2 SCC 144  Supra note 49 p. 244 para 30 to 32  2019 SCC OnLine Bom 1081  Section 3. Punishments for offences atrocities.—(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,— (p) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe;  14A. Appeals.—(1) Notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law. (2) Notwithstanding anything contained in sub-section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail. (3) Notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days: Provided further that no appeal shall be entertained after the expiry of the period of one hundred and eighty days. (4) Every appeal preferred under sub-section (1) shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.  Supra note 56 para 84 Next Story
CPD Continuing Professional Development: Bridging the gapOn 1 Jun 2004 in Personnel Today Comments are closed. Previous Article Next Article Ourlearning for life service helps you use the journal for CPD-related privatestudy. One article in each issue isaccompanied by a set of questions and answers. These have been devised byeducation and healthcare consultant Greta Thornbory and are designed to helpyou reflect in a structured manner on what you have learntUniversitieshave been criticised for not giving newly-qualified occupational health nursesadequate practical experience to carry out the requirements of the job. So howdo you bridge the theory/practice gap for the new generation of OHNs? By Anne HarrissInoccupational health nursing, there is an emphasis on autonomousdecision-making, independent functioning, health prevention promotion,analytical and investigative skills and the management of healthcare services.1Theeducation of occupational health nurses (OHNs) – originally called IndustrialNursing – to perform these functions has a long history, with the first coursein OH nursing offered by the Royal College of Nursing (RCN) more than 70 yearsago. It was superseded by the OHNC (Occupational Health Nursing Certificate),developed and validated by the RCN. When the OHNC was completed and passed, itwas the only qualification that conferred qualified OHN status.Programmeseducating OHNs have undergone a rapid transformation since the late 1980s, whenthe Diploma in OH Nursing superseded the OHNC, and the responsibility for thevalidation of education programmes for OHNs transferred from the RCN to theNational Boards in many institutions OH training.Anothermajor influence on the education of all nurses was Project 2000, in the early1990s, when education moved into universities, rather than being based withinschools of nursing in hospitals.Pre-registrationstudents were now taught on courses offered at diploma or degree level. By themid-90s, this meant the qualification giving the status of ‘occupational healthnurse’ was offered only at first or second degree level. These qualificationswere recordable on the nursing register – provided that a statutory body, suchas the ENB (English National Board for Nursing Midwifery and Health Visiting,now defunct and has been taken over by the NMC) had validated them.TheRCN now stresses the importance of practitioners holding a specialistqualification, stating in its recommended terms and conditions for nurses whowork outside of the NHS, that an OHN is one who holds a recordablequalification in occupational health nursing.2Thisspecialist status is reflected in the recommended differential in pay scalesbetween those who do or do not hold a recorded qualification. The reason forthis differential is that nurses who have completed a specialist course ofstudy in OH nursing should be able to practice at a higher level than a nurse whohas not completed such a qualification. However, practitioners should remindthemselves that completion of a specialist qualification is not the end of theline, and it is essential that OHNs are committed to becoming life-longlearners, continually updating their knowledge and practice skills. Ifthe OHN is to be a competent, effective and professional practitioner, theyrequire a range of specialist OH nursing competencies. In order to professcompetence, these skills must be underpinned by a rich body of knowledge andunderstanding, achieved by classroom teaching linked to a period of practice inthe OH setting. However, some students may graduate with first class honours,while others may be awarded an unclassified degree.Theclassification indicates the degree of independent thought and synthesis thatthe graduate has exhibited in their assessments. A highly academic individualmay find day-to-day practice more of a challenge than they found learning inthe classroom.Weshould also be cognisant of the novice to expert spectrum, proposed by Benner,who says that practitioners can place themselves somewhere in one of thefollowing practice categories: novice, advanced beginner, competent, proficientor expert.3Anew graduate can only become an expert as a result of continuing and reflectivepractice. It is easy to associate the difficulties inexperienced practitionersface with a theory/practice gap. Fitfor purposeTheteachers of OHNs in the UK have formed the Association of Occupational HealthNurse Educators (AOHNE). This group aims to ensure that all courses are ‘fitfor purpose’, and meet the needs of practitioners.Membersof the AOHNE are keen to ensure that graduates from OH programmes are able topractice competently and confidently. Education should not be an esotericactivity, preparing thinkers who are unable to become proficient doers. Rather,the aim is to develop reflective practitioners who are critical thinkers andknowledgeable doers – knowing how to undertake an occupational health skill aswell as appreciating why they are doing it.Studentsshould be taught how to integrate theory with practice in order that theybecome inseparable,4 enabling the graduate to enmesh these skills within theirown professional practice. This allows them to identify gaps in their knowledgeor aspects of their professional practice they wish to develop. Closingthe theory/practice gapTheNursing and Midwifery Council (NMC) is now calling for all the coursespreparing specialist practitioners to be offered at degree level, with equalemphasis on both practice and theory, which should work towards closing thetheory/practice gap.Whena new educational programme is being considered, the team that will deliver theprogramme nominates a curriculum development group (CDG). For example, atLondon’s South Bank University, the course team recognised the importance ofincluding senior and well-respected members of the OH nursing profession in theCDG. These included OH service managers and representatives from theAssociation of Occupational Health Nursing Practitioners and the OccupationalHealth Managers Forum of the RCN. In addition to these practitioners, othermembers of the group included course lecturers and student representatives. Tostart the process, the CDG developed a philosophy to underpin the proposedprogramme with enthusiastic discussions regarding what constitutes a competentpractitioner.Itwas confirmed that the degree being developed should promote evidence-basedpractice and a curriculum was devised, which the group felt confident wouldmeet practice needs. It was decided that they would continue to deliver adegree in OH nursing, with all the units being focused on OH practice, rather thanoffering a degree in community nursing that included OH nursing specialistunits.Furthermore,as a result of the experience of the number of applicants who had competeddiploma level studies, it should be offered at level 3 (the equivalent ofthird-year degree level work on a degree programme entered by school levers oncompletion of A-level study).Itwas thought that students should be able to complete their degree in one yearof full-time study or two years of part-time study. The CDG did not wish todiscourage nurses who had not completed diploma-level courses. Applicationsfrom these nurses would be welcomed, but applicants would be required tocomplete a number of units at level 2 (the equivalent of second year/diplomalevel material) prior to studying the level 3 specialist component. This wasconsidered important to lay a firm educational foundation.Inorder to fulfil the practice elements of the programme, all students will berequired to obtain a practice placement and nominate a professional supervisorwho holds a recordable OH nursing qualification.Thepractical sideThepractice element of the programme is of equal length to the taught component.Each unit has both theoretical and practice learning outcomes that must beachieved by the student. In addition to the examination or assignment requiredto complete the unit, students are also required to submit evidence that theyhave satisfactorily completed the practice competencies associated with thatunit of study. Thosewho successfully graduate from the programme achieve specialist practitionerstatus, which shows they have demonstrated a multitude of competenciesreflecting the complexity of the role of the OH nurse. Broadly, thesecompetencies include verbal and written communication skills, the ability toundertake evidence-based practice and the ability to undertake a range of riskand health assessments.Otherimportant aspects of their education is to gain an understanding of how workaffects health and vice-versa, and an appreciation of how a return-to-workrecovery programme should be organised.Asstudents progress with their studies, they begin to acquire the skills neededfor policy development, as they will increasingly be involved in this aspect ofthe role of the OH nurse as their career progresses. One of their final unitsfacilitates the development of their leadership and management skills. TheCDG supported the development of a course that had practice requirements forfull and part-time students.Thepractice requirements are identical; the way they are achieved differ.Full-time students would attend the university two days a week and achievelearning outcomes associated with professional practice over a minimum of twofurther days each week. Nurses already working in the OH setting were able toundertake their studies on a part-time basis and achieve the practice outcomesin their own place of work.Agreeingthe curriculumTheagreed curriculum was then developed into the learning outcomes to be presentedin the taught units of study. Outcomes to be achieved in the practice settingwere also developed from the theory taught in the classroom. Students would beencouraged to reflect on their practice experiences and develop a personallearning plan in order to meet their future learning needs.Thisapproach supports the humanistic approach of Rogers that education should“facilitate the process of change in an individual in order that he or she mayfunction fully”.5 Thelearning outcomes and competencies included in the development of ourcurriculum are congruent with those published by the Department of Health (DOH)in its document that promotes a public health approach in the workplace, andidentifies the importance of a framework for practice, working within amulti-disciplinary team, policy development and evidence-based practice.6 Thefirst group of full-time students have just graduated from this programme.Their evaluations were very positive and it appears that their practice needsare being met. These graduates have demonstrated that they have good employmentprospects, which suggests the course also meets the needs of OH servicemanagers.OHeducators are all committed to taking OHN practice forward and to ensuring itis promoted. As course deliverers are required to comply with the educationalrequirements of their university and statutory bodies, this is not without itsproblems. Curriculum development is an ongoing process. In order to ensure thatprogrammes of study are contemporaneous, they have a life-span of five years,after which re-validation is required by the university. If there is a practicegap, course providers are working towards the same goal of closing it. –If practitioners think educational programmes are not meeting their practicerequirements and they are able to identify how courses could be improved, Iwould be interested in receiving constructive comments to disseminate to themembers of the AOHNE group. Please write to: Anne Harriss, course director, BSc(Hons) Occupational Health Nursing, Faculty of Health, South Bank University,Borough Road, London SE1 OAA. Should readers be interested in becomingprofessional practice supervisors, contact Nessie Brooks, [email protected] Health Nursing Concepts and Practice, Rogers, B (1994), London: WBSaunders2.Nurses Employed Outside the NHS Recommended Pay, Terms and Conditions, RoyalCollege of Nursing (2003), London: RCN3.From Novice to Expert, Benner, P (1984), California: Addison-Wesley4.The Theory-Practice Gap in Nursing: From Research-Based Practice toPractitioner-Based Research, Rolfe, G (1998), Journal of Advanced Nursing 28(3)672-6795.Freedom to Learn for the 80s, Rogers, C (1983), Ohio:Charles Merrill6.Taking a Public Health Approach in the Workplace: A Guide for OccupationalHealth Nurses, Department of Health (2003), London: DoH Related posts:No related photos.
Recent satellite observations of Thwaites Glacier in the Amundsen Sea Embayment, West Antarctica, have shown that the glacier is changing rapidly. The causes of its dynamic behavior are uncertain but are of concern because this glacier has the most negative mass balance of all Antarctic glaciers. To better understand Thwaites Glacier’s subglacial setting, we conducted a multi- instrumented aerogeophysical survey of its catchment and present here the first gravity results. We employed a new gravimeter, and it performed well despite extreme conditions and an unusual survey design. The unleveled free- air gravity anomalies have a 2.3 mGal RMS error and a 9 km spatial resolution. Despite slightly higher than standard noise levels, the free- air anomalies correlate well with radar- derived subglacial topography. The new airborne gravity data assist in interpreting radar- identified bedrock features and are an ideal basis for future studies of subglacial geology and its control on the dynamics of Thwaites Glacier.