First Mutual Holdings Limited (FMHL.zw) listed on the Zimbabwe Stock Exchange under the Insurance sector has released it’s 2011 interim results for the half year.For more information about First Mutual Holdings Limited (FMHL.zw) reports, abridged reports, interim earnings results and earnings presentations, visit the First Mutual Holdings Limited (FMHL.zw) company page on AfricanFinancials.Document: First Mutual Holdings Limited (FMHL.zw) 2011 interim results for the half year.Company ProfileThe Group has more than a hundred years of serving Zimbabwe by provision of economic dignity though its strategic business units. We have diverse interests in life assurance, health insurance, short term insurance; short term re-insurance; long term re-insurance; wealth management, property sector, funeral services and microfinance housed under the following subsidiaries; First Mutual Life, First Mutual Health, NicozDiamond Insurance, First Mutual Reinsurance, FMRE Property & Casualty (Botswana), First Mutual Wealth Management, First Mutual Properties, First Mutual Funeral Services and First Mutual Microfinance. First Mutual Holdings Limited is listed on the Zimbabwe Stock Exchange.
FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this The following are brief excerpts from additional messages with greetings of solidarity and proletarian internationalism from around the world and the U.S.Colombia – SinaltrainalFrom Colombia, thousands of workers and Sinaltrainal workers wish the conference every success in the mobilization against the evils of capitalism.More and more the world’s poor, and wealth concentrated in fewer hands, continues. Some 99 percent of global wealth is owned by one percent of the population. The numbers of poor of the U.S. equal the entire Colombian population. Transnational corporations continue to gain the most from the wars that the empire declared against our peoples. They are the same as in your country, in ours, in Africa, Asia and Europe. Through terror, they appropriate our resources, impoverish our people and destroy the planet.The Free Trade Act between Colombia and the U.S. continues to leave poverty and desolation. And farmers and other social sectors are preparing a new national strike early next year. In Colombia, the negotiation process progresses to end the armed conflict and an important sector of the oligarchy and multinationals applaud this important political event. This is not because major reforms will provide welfare for a large majority, but because this sector can continue to operate and approach an improved position regarding our natural resources and our labor, while there is increasingly precarious work for our class. The rules are always aimed to benefit multinational corporations and the international financial system.Here we are still fighting, for what the Colombian state called “post-conflict” will be more bloody than the conflict that for more than 200 years has been waged between those in power and the people and their organizations. We continue to dream of being free.Solidarity is the tenderness of the people. Success in your conference, health and life.National Directorate of Sinaltrainal Fredy A. Sepúlveda, M. Edgar PaezMoldovaGreetings from Moldova! The political party “Our Home is Moldova” (Red Bloc) congratulates the Workers World Party National Conference!Alexander Gutovski, interim party leaderUkraine – BorotbaSergei Kirichuk sent greetings and international solidarity to the WWP conference from the Borotba (Struggle) organization in Ukraine. He thanked WWP for its support and especially Greg Butterfield for his work translating their analyses into English. He also gave a special salute to the anniversary of the Bolshevik Revolution.Sergei Kirichuk, BorotbaDominican Republic – Caamañista MovementWe highly value your combats inside imperialism, above all in this phase of it, in which, stretched to the limit by the worst crisis in its history, the international capitalist system has become extremely destructive and impoverishing.We equally appreciate the internationalist record of WWP, which has always been at the side of the oppressed peoples, their rebellions, their emancipating forces; always embracing the longing for justice, the socialist ideal, for the globalization of all forms of liberation.We give our deep thanks for your support for the project of the Great Homeland and Socialism that we have taken on with the Continental Bolivarian Movement (MCB) and we return this attitude with our boundless support for your persistent battle in the belly of the empire itself, the most cruel and aggressive empire in the history of humanity.Socialism or barbarism!Until the final victory!Narciso Isa Conde, for the Central Coordination of the Caamañista MovementCubaNews – Walter LippmannFrom Cienfuegos, in the heart of revolutionary Cuba, I’m writing to wish you all great success in your conference. The WWP, formed in 1959, the year of the triumph of the Cuban Revolution, has a long and honorable record in solidarity with Cuba.Here in Cuba, the Revolution faces an array of challenges: to put food on the tables of 11 million people; to improve economic, social and cultural conditions; to protect hard-won gains of the past; to correct mistakes; and to move the country forward. And to accomplish all of this while Washington’s goals of destroying Cuba’s revolution and bringing capitalism back remain unchanged.You are all also welcome to subscribe to the CubaNews list which I’ve been directing for over 15 years, in which you will find regular coverage from the Cuban media on the important issues of the day, with original translations into English.No es fácil, pero, sí, se puede.(It’s not easy, but, yes, it can be done.)Walter Lippmann, CubaNews
ReddIt Oscar Hernandezhttps://www.tcu360.com/author/oscar-hernandez/ Linkedin Facebook NEH Chairman John Peede delivers his speech at the Dee. J Kelly Alumni Center on Tuesday. Photo by Oscar Hernandez. printNEH Chairman John Peede delivers a speech at the Dee J. Kelly Alumni Center. Photo by Oscar HernandezThe chairman for the National Endowment for the Humanities (NEH) spoke Tuesday to spark an interest in humanity studies among the institution, faculty and students.NEH Chairman John Peede said that there has been an increase in unintended consequences among universities that have decreased their curriculum in humanities courses, such as American government or history.“Fifty-nine percent of college graduates stated that Thomas Jefferson, not James Madison, was the father of the constitution. 40 percent of college graduates did not know that the U.S. House of Representatives had the power to declare war,” Peede said.He said future generations are capable of living impactful and fulfilling lives, but only if institutions are dedicated to rooting themselves within their community and anchoring humanities deeper within the curriculum. The humanities are not to be seen as a luxury, nor as divisive, but rather as a discipline that helps bind students together across different departments. Peede has already awarded more than 30 grants to TCU, including a $220,000 investment into oral history projects such as “Civil Rights in Black and Brown,” where academically trained and distinguished faculty members sought to uplift the unheard voices of black and brown people in southern states.Projects such as the “Civil Rights in Black and Brown” are meant to uphold the core values of the NEH, Peede said. He added the core values are to have a commitment to easy accessible knowledge for all, to maintain robust dialogues and to uphold traditions of inclusion.Peter Worthing, associate dean in the AddRan College of Liberal Arts, introduces NEH Chairman John Peede. Photo by Oscar Hernandez.Associate Dean of the AddRan College of Liberal Arts Peter Worthing said despite TCU being recognized as a modern research university, humanities have always been at the core of TCU’s mission statement.In regard to what TCU faculty can do to further support their humanities majors, they must provide their students with the opportunities to grow and succeed in future positions within their field, Peede said. Oscar Hernandezhttps://www.tcu360.com/author/oscar-hernandez/ Twitter TCU Faculty Assembly may be one step closer to DEI vote Oscar Hernandez Linkedin TCU places second in the National Student Advertising Competition, the highest in school history + posts Oscar Hernandezhttps://www.tcu360.com/author/oscar-hernandez/ #JoltTheVote: A new group encourages political engagement DEI proposal prompts civil discourse ReddIt Facebook TCU Faculty voting on secret DEI ballot Oscar Hernandez was born and raised in Fort Worth, TX. He is a third-year journalism major with a minor in Spanish. Oscar Hernandezhttps://www.tcu360.com/author/oscar-hernandez/ Previous articleHoroscope: February 19, 2019Next articleWhat we’re reading: Remembering Karl Lagerfeld Oscar Hernandez RELATED ARTICLESMORE FROM AUTHOR World Oceans Day shines spotlight on marine plastic pollution Welcome TCU Class of 2025 Twitter
faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Virtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPasadena Public WorksPasadena Water and PowerPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes CITY NEWS SERVICE/STAFF REPORT Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Make a comment Herbeauty15 Countries Where Men Have Difficulties Finding A WifeHerbeautyHerbeautyHerbeauty8 Easy Exotic Meals Anyone Can MakeHerbeautyHerbeautyHerbeautyInstall These Measures To Keep Your Household Safe From Covid19HerbeautyHerbeautyHerbeautyWhat’s Your Zodiac Flower Sign?HerbeautyHerbeautyHerbeautyShort On Time? 10-Minute Workouts Are Just What You NeedHerbeautyHerbeautyHerbeautyIs It Bad To Give Your Boyfriend An Ultimatum?HerbeautyHerbeauty Your email address will not be published. Required fields are marked * Top of the News EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Name (required) Mail (required) (not be published) Website More Cool Stuff Community News STAFF REPORT Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Government DMV Offers Relief to ID Cardholders, Vehicle Owners and Businesses Waives late fees, delays registration requirements and extends permits and IDs STAFF REPORT Published on Friday, April 24, 2020 | 3:20 pm Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. STAFF REPORT First Heatwave Expected Next Week Subscribe Community News The California Department of Motor Vehicles today announced it is waiving late fees and penalties for vehicle registration, extending expiring identification cards, temporary operating permits and motor carrier permits.With authority granted under today’s executive order signed by Governor Gavin Newsom, the DMV is:Waiving late fees and penalties for vehicle registration renewals due between March 16 and May 31, 2020, and paid within 60 days of the original expiration date. The requirement to have current license plate stickers is also waived for vehicles with registration expiring between March 4 and June 30, 2020.Extending identification cards expiring on or after March 4, 2020, to be valid through June 22, 2020 (60 days from today).Temporarily suspending for 60 days the requirement to submit a transfer of ownership within 10 days for vehicle transfers occurring on or after March 4, 2020, and the requirement to register a vehicle acquired or previously based outside of California within 20 days once registration becomes due.Allowing temporary operating permits that expire on or after March 4, 2020, to be valid another 60 days from today.Lengthening motor carrier permits expiring in March, April and May 2020 to June 30, 2020. A motor carrier permit is required for numerous transportation and commercial activities in California, including transporting property for compensation, hauling with a commercial vehicle weighing more than 10,000 pounds, and transporting hazardous materials.“These measures can help lighten the burden many Californians are experiencing during this difficult time,” DMV Director Steve Gordon said.The DMV continues to encourage customers to renew their vehicle registration and complete vehicle transfers online or by using the DMV Virtual Field Office. Customers can also get replacement registration cards and license plate stickers online or at the hundreds of DMV kiosks across the state. Replacement cards and stickers at the DMV kiosks cost $22 and print on the spot.The DMV continues to provide essential services via mail, online, kiosks, call centers, available business partners and virtually to process critical transactions, including eligible driver license and vehicle registration renewals, during the COVID-19 pandemic. Customers can use the Services Advisor on the DMV website to learn their options to complete DMV tasks.The relief measures are the latest DMV actions during the COVID-19 pandemic, including:Temporarily closing field offices. Following deep cleaning, expansion of virtual services and development of new protocols, the DMV soon will offer in-person services in each region. Information on office openings will be announced by DMV in the near future.Extending all driver licenses that expire between March 1 and May 31, 2020. Drivers 70 years and older are receiving a 120-day temporary paper extension in the mail, and drivers 69 and younger can request a free temporary paper extension online.Keeping expiring commercial driver licenses, endorsements and certificates valid through June 30, 2020.Temporarily waiving required in-person renewals for eligible driver license and identification cardholders with expirations in March, April, and May 2020. Individuals who meet the criteria are able to renew online or by mail.Launching the DMV Virtual Field Office to create new digital options for transactions that previously required an in-person office visit.Canceling all behind-the-wheel drive tests to honor social distancing guidelines.Suspending extended office hours and Saturday service. 26 recommended0 commentsShareShareTweetSharePin it Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena Business News
Community News City Reports 3 New COVID-19 Cases on Thursday as Hospitalizations Continue to Dip STAFF and CITY NEWS SERVICE Published on Thursday, April 8, 2021 | 4:45 pm Subscribe Community News Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. STAFF REPORT First Heatwave Expected Next Week Make a comment Your email address will not be published. Required fields are marked * Name (required) Mail (required) (not be published) Website Herbeauty15 things only girls who live life to the maximum understandHerbeautyHerbeautyHerbeautyBohemian Summer: How To Wear The Boho Trend RightHerbeautyHerbeautyHerbeauty6 Lies You Should Stop Telling Yourself Right NowHerbeautyHerbeautyHerbeautyShort On Time? 10-Minute Workouts Are Just What You NeedHerbeautyHerbeautyHerbeautyInstall These Measures To Keep Your Household Safe From Covid19HerbeautyHerbeautyHerbeautyWhat Is It That Actually Makes French Women So Admirable?HerbeautyHerbeauty Top of the News Community News CITY NEWS SERVICE/STAFF REPORT Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday 24 recommended0 commentsShareShareTweetSharePin it More Cool Stuff faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Donald CommunityPCC- COMMUNITYVirtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPasadena Public WorksPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Business News STAFF REPORT Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy The city reported three new cases of the Coronavirus on Thursday and no new fatalities.The new numbers bring the city’s statistics to 11,163 cases and 339 fatalities.City spokesperson Lisa Derderian said the Pasadena Public Health Dept. received 33% less vaccine from the state this week than last week, but still was able to vaccinate over 1,000 people at a clinic held Thursday at PCC.Meanwhile, Los Angeles County is reporting another 52 COVID-19 deaths, lifting the overall death toll to 23,388. Another 710 cases are also being confirmed, raising the cumulative total throughout the pandemic to 1,223,791.Although the number of new infections were below 600 for the bulk of April, county health officials again urged residents to keep taking precautions against infections and to get vaccinated when eligible.“By continuing to take action to reduce transmission and get vaccinated, we are making great progress keeping cases and hospitalizations low,” county Public Health Director Barbara Ferrer said in a statement. “It is still too early to think we are out of the woods because, even if you have been vaccinated, many others have not yet had a chance.“Transmission is moderate in L.A. County with a number of variants of concern circulating,” she said.According to state figures, which generally pace a day ahead of numbers provided by the county, there were 540 people hospitalized in Los Angeles County due to COVID on Thursday, down from 572 on Wednesday. There were 139 people in intensive care, up slightly from 136 on Wednesday.Ferrer said Wednesday that while COVID-19 cases and hospitalizations have continued dropping in the county, the rate of decline has slowed significantly.According to Ferrer, the average number of daily new COVID-19 infections dropped by 82% during the month of February. In March, it dropped by only 42%, and by the end of the March, “our case numbers stopped significantly declining altogether,” Ferrer said.Daily hospitalization numbers showed a similar pattern, dropping by 70% in February, but only by 57% in March.The only metric to buck the trend was the number of COVID deaths, with the daily average dropping by 63% in February and then 86% in March.On Thursday, the county reported another 52 COVID-19 deaths, lifting the death toll from throughout the pandemic to 23,388.The county also announced another 710 new cases, raising the cumulative total since the pandemic began to 1,223,791.According to the county Department of Public Health, cases among pregnant women have dropped dramatically since the winter surge that drove up numbers in all categories. There were more than 400 cases per week among pregnant women during two straight weeks in December, but in the last week in March, that number fell to nine, health officials said.A total of 7,280 pregnant women have tested positive during the pandemic, and 11 have died.Health officials said pregnant women and women who are breastfeeding can receive COVID-19 vaccines.The county has been working to expand its capacity to administer vaccines, in anticipation of increasing supplies of doses, and increased demand when all residents aged 16 and over become eligible for shots on April 15.Ferrer on Wednesday confirmed the county’s first case of a variant initially detected in South Africa, and three cases of a Brazilian P.1 variant.Both are labeled “variants of concern” by federal health officials due to their ease of spread from person to person.Given the limited amount of testing the county conducts to identify variants, the discovery of the new strains in such a small testing sample means “it is likely there are additional undetected and undiagnosed cases,” Ferrer said.Ferrer said the increasing number of variants and the slowing decline in new cases and hospitalizations should serve as a warning for residents not to let their guard down, even as more business restrictions are being eased.She said people need to continue practicing infection-control measures, and get vaccinated when they can. Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena
ColumnsImpunity Vs Jeopardy : The Partisan Provisions Of Consumer Protection Act Ashish Bansal & Pragya Parijat Singh8 April 2020 1:50 AMShare This – xIntroduction Change is the only constant . Keeping in mind the milieu and socio-political affairs of the nation , the constitution makers went on board with “due process of law ”over ” procedure established by law ”. The categorization of procedure established was done via two ways – procedural and the substantive procedure. The procedural due process existed from A.K….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?LoginIntroduction Change is the only constant . Keeping in mind the milieu and socio-political affairs of the nation , the constitution makers went on board with “due process of law ”over ” procedure established by law ”. The categorization of procedure established was done via two ways – procedural and the substantive procedure. The procedural due process existed from A.K. Gopalan case (1950) till Maneka Gandhi case (1978). It was interpreted to mean that whatever is the procedure prescribed, it must be followed and deviance from the procedure rendered was not permitted. The Supreme Court of India, then with its judgement in Maneka Gandhi case evolved the concept of substantive due process. Under due process , it is the legal requirement that the state must respect all the legal rights owned to a person and that the laws must conform with fairness and shouldn’t be arbitrary in nature. Due process has an ancient history which can be traced from Magna Carta and hence prima facie importance was given to principles of natural justice. The incorporation of social – welfare based legislation, the Consumer Protection Act, 1986 was a table-turning hallmark event to protect and safeguard the interests of the consumers from the dishonest practices by sellers. The preamble and statement of objects and reasons reflects the prima facie tilt given to the consumer who has suffered in the conundrum of malpractices. They also provide that the quasi-judicial machinery will observe the principles of natural justice to be kept in mind before deriving to the conclusion that the rights accrued in favor of the consumer have been violated. As per Section 13(2)(a) read with Section 13(3) of the Consumer Protection Act 1986 it provided for departure from the principles of natural justice in case the procedure provided so for such departure stands complied with. However, such practice followed at the district forum as per the strict statutory provision laid down under the Act has created a wave of litigation leading to ‘docket explosion’ thus overwhelming superior courts furthering pendency of cases. A non-filing of reply within 30 (+15) days despite any deliberate and vicious intentions owing to extraneous reasons has led to a complete shunning off the right of opposite party, causing an ex-parte order and an appeal made to superior courts ending up in docket explosion and overburdening of courts. An empirical study conducted in 2011 showed that of the total workload of the Supreme Court, 84.06 percent were special leave appeals under Article 136, and 3.1 percent were other kind of appeals. This means that less 3 percent of the cases heard by the Supreme Court in recent years have been constitutional cases, properly so called. Current Practices The usual procedure followed in adjudication of a consumer dispute involve following steps: Filing of complaint by the ‘consumer’ based on pecuniary jurisdiction of the Forum/Commission.Completion of pleadings.Evidence led by both sides.ArgumentsAdjudication and Judgement.Appeal (if any) to higher commission. Now let’s consider few situations as under: Hon’ble National Commission had permitted the builder to file his written statement subject to costs of Rs.1,00,000/- and observed that if not allowed then it would compromise their defence.Hon’ble National Commission once again allowed filing of written statement subject to costs of Rs.30,000/- on the ground that “deemed service” under Section 28-A of the Consumer Protection Act can be misleading in view of the services rendered by postal department.Hon’ble Punjab State Consumer Disputes Redressal Commission had allowed Insurance Company to file his written statement after the expiry of statutory period subject to costs of Rs.30,000/- wherein the authorized manager of the insurance company admitted their negligence that the notice of the complaint was misplaced.Hon’ble Uttar Pradesh State Consumer Disputes Redressal Commission had set aside ex-parte judgement in favour of complainant on the ground that the opposite party was served on incorrect address. The aforesaid instances are of 2019 which clearly depicts the ground realities. It is asking for a bit too much that these procedures will change as its execution issues involve many un-controlled components. The provisions of Section 13(2)(a) of Consumer Protection Act has not just aborted the power of District Forum by clipping its wings which could have dealt with its day-to-day procedural issues, but rather led to formation of constitutional benches to decide upon on minor technical issues as such. In the unfolding, not just an ace in hole has occurred but there was a consequential loss of time, collateral and revenues at all fronts. Constitutional Bench Judgement In recent years, various benches of Supreme Court referred couple of questions, as stated below, to clear the incongruity between two-judge bench and some three-judge bench judgments. The constitutional bench constituted in New India Assurance case, faced the task to settle two questions of law: Whether the District Forum has power to extend the time for filing the response beyond the period of 15 days, in addition to 30 days? andWhat would the commencing point of limitation of 30 days be as stipulated under the Section 13(2) (a) of the Consumer Protection Act? The various benches which referred aforesaid questions to the constitutional bench, were hearing an appeals under Article 136 with various orders passed by National Commission impugned therein and the vires of the statutory provisions were not under challenge. The operative part of the judgement rendered by constitutional bench is reproduced as under: “To conclude, we hold that our answer to the first question is that the District Forum has no power to extend the time for filing the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Consumer Protection Act; and the answer to the second question is that the commencing point of limitation of 30 days under Section 13 of the Consumer Protection Act would be from the date of receipt of the notice accompanied with the complaint by the opposite party, and not mere receipt of the notice of the complaint.” Respectful Disagreement to the Judgement The aforesaid judgement can have strange consequences when it actually comes to practice at the District Forum level. Hence, we respectfully beg to differ from the judgement provided in the New India Insurance Co. Ltd case. This judgement can blindly convict the opposite party causing severe jeopardy to the justice system. The significance of impartiality is a key element of justice system and is often depicted in material form by Themis- the goddess of justice and law. She typically clutches a sword in one hand and a pair of scales in the other. She is blindfolded to emphasize that “Justice is blind: resistant to pressure or influence”.] That judges are not exempt from human frailty, and thus even there judgements should be open to rectification. The obvious injustice of a wrongly convicted opposite party is thus assuaged by granting him the very right to appeal. In actual practice, facts and circumstances are different. The lawyers sometimes tend to abuse the adversarial process. The introduction of ‘mediation references’ under the yet to be notified Consumer Protection Act 2019 clearly implies ample evidence of infirmities in law. The provisions with regard to limitation under the Consumer Protection Act, 1986 are fairly liberal in favour of both ‘complainant’ so far as his condonation of delay beyond two years is concerned and ‘District Forum’ so far as their disposal within three months is concerned. But the provisions of Section 13(2) (a) read with Section 13(3) are resting the entire burden of expeditious disposal merely on the shoulders of opposite party in consumer disputes dispensation system. The Consumer Protection Act, 2019 The newly incorporated Consumer Protection Act is awaited to be notified soon and would replace the existing Act. Though the new Act has cleared the air around many of the existing faulty provisions by bringing in fresh state of art provisions friendly to the consumers, like now the complaint can be filed in a consumer court where the complainant resides or works and that E-Commerce will now be in the radar of the government it still has left a huge room for discrepancies which will further lead to overburdening of courts. The provisions stated under Section 38(3) & Section 38(5) of the new Act will continue to pose old challenges as discussed above. After this recent judgement by the Hon’ble Apex Court one thing can be visualized that the superior Commissions/Courts will unnecessarily be over-burdened by questions which are so technical in nature that they could have been easily dealt by the special legislation at the District Forum stage. The basis of this judgement appears to have been emerged upon from the wisdom of the legislature which is reiterated. Needless to say, this is not a bad precedent but at the same time the judiciary needs to come out with solutions that are practical and prevalent which legislators are otherwise not able to comprehend. Lord Mansfield once observed the ludicrous nature of the legal fiction that ” Ignorantia juris non excusat ” exists and said that ” It would be hard upon the profession (legal profession here) if the law was so certain that everybody knew it! Unfortunately, this judgement rather appears ephemeral and a game of table-tennis wherein the ball keeps lingering between the Legislature and the Judiciary, wherein the Hon’ble Constitutional Bench had missed an opportunity to fill the gaps & inadequacies in existing legislation. Conclusion In 1978, the Principles of natural justice and fairness were held to be primary by the Supreme Court even when constitutional text was silent. The judicial review of Article 21 in 1978 led to constitutional values of fairness and free from arbitrariness were read as a part of prescribed text. The preamble of Consumer Protection Act, 1986 expressly provides for principles of natural justice but another statutory provision expressly takes away subject to exceptions. Whether the provisions which prescribe time limit for filing reply should be mandatory or directory in nature needs to be interpreted in balancing way by the Legislature. To live up to Ronald Dworkin’s aspirations in recognizing rights, we must distinguish between popular morality and constitutional morality. It was way back in 2002 that the Topline case judgement rendered by the Supreme Court paved a way that equitable grounds should be kept in mind before reaching a conclusion and that a liberal interpretation should be a guiding factor on deciding questions of limitation. Though it is right that “justice delayed is justice denied” it is equally true that “justice hurried is justice buried”. A presumption of innocence of the complainant doesn’t imply the guilt of the opposite party. As an important aspect on the expeditious disposal of consumer disputes, lest we shouldn’t forget that violation of principles of natural justice is integral to the existence of quasi-judicial bodies. The original forums where the consumer dispute proceedings commence should therefore can be given more powers on procedural matters, otherwise unburdening ‘New Delhi’, the final resort of remedies looks nothing but like a distant dream.Views Are Personal Only. (Ashish Bansal is practicing advocate at the Punjab & Haryana High Court, Chandigarh , Pragya Parijat Singh is a practicing advocate at the Supreme Court of India. She is presently pursuing her LL.M from University of Cambridge, UK.) . A.K. Gopalan vs. State of Madras AIR 1950 SC 27 . Maneka Gandhi vs. Union of India & Anr. (1978) 1 SCC 248. . Section13 (2) The District Forum shall, if the complaints admitted by it under Section 12 relates to goods in respect of which the procedure specified in sub-section (1) cannot be followed, or if the complaint relates to any services,— (a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum. . Section 13 (3) No proceedings complying with the procedure laid down in sub-sections (1) and (2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with. . Arun Thiruvengadam; The Constitution of India, A Contextual Analysis; Bloomsbury; (2018) . Nick Robinson, A Quantitative Analysis of the Indian Supreme Court’s Workload, available online at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2189181 . 2019(2) C.P.R. 431 . (2019) 4 C.P.J. 16 . 2019 (4) C.P.J. 22 . 2019 (2) C.P.J. 10 . New India Assurance Co. Ltd. vs. Hill Multipurpose Cold Storage Pvt. Ltd. (2020 SCC Online SC 287) . Raymond Wacks; Philosphy of Law, A Very Short Introduction; Oxford. (2006) . Section 37. Reference to mediation. – (1) At the first hearing of the complaint after its admission, or at any later stage, if it appears to the District Commission that there exists elements of a settlement which may be acceptable to the parties, except in such cases as may be prescribed, it may direct the parties to give in writing, within five days, consent to have their dispute settled by mediation in accordance with the provisions of Chapter V. (2) Where the parties agree for settlement by mediation and give their consent in writing, the District Commission shall, within five days of receipt of such consent, refer the matter for mediation, and in such case, the provisions of Chapter V, relating to mediation, shall apply. . Section 24-A (2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period: Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay. . Section 13(3-A) Every complaint shall be heard as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months, if it requires analysis or testing of commodities: Provided that no adjournment shall be ordinarily granted by the District Forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the Forum: Provided further that the District Forum shall make such orders as to the costs occasioned by the adjournment as may be provided in the regulations made under this Act: Provided also that in the event of a complaint being disposed of after the period so specified, the District Forum shall record in writing, the reasons for the same at the time of disposing of the said complaint. <>. 2002 (6) SCC 33 Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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Sunday’s booking photo of Eric Gavelek Munchel, 30. (Nashville Police Department)By ALEXANDER MALLIN and IVAN PEREIRA, ABC News(WASHINGTON) — Federal authorities arrested two men suspected in last week’s siege of the Capitol who were allegedly seen in tactical gear and carrying plastic restraints.The U.S. Attorney’s Office for the District of Columbia announced Sunday evening that Eric Gavelek Munchel was arrested in Tennessee for his alleged role in the incident.He appears to be the man seen and photographed in the Senate chambers wearing black tactical gear and carrying plastic restraints, an item in a holster on his right hip, and a cellphone mounted on his chest with the camera facing outward, which was used to record the incident, the U.S. Attorney’s office said.Munchel has been charged with “one count of knowingly entering or remaining in any restricted building or grounds without lawful authority and one count of violent entry and disorderly conduct on Capitol grounds,” according to the U.S. Attorney.The authorities also arrested Larry Rendell Brock in Texas, the U.S. Attorney’s office said. He appears to be the man who was photographed and seen entering the building wearing “a green helmet, green tactical vest with patches, black and camo jacket, and beige pants holding a white flex cuff, which is used by law enforcement to restrain and/or detain subjects,” the U.S. Attorney’s office said.Brock was charged with “one count of knowingly entering or remaining in any restricted building or grounds without lawful authority and one count of violent entry and disorderly conduct on Capitol grounds,” according to the U.S. Attorney’s office.Attorney information for both suspects was not immediately available.Brock spoke with the New Yorker after Wednesday’s riot, which left Capitol Police Officer Brian Sicknick and four others dead and massive destruction to the building, and admitted he participated in the rally.“The president asked for his supporters to be there to attend, and I felt like it was important, because of how much I love this country, to actually be there,” he said in the interview that was published Jan. 9.An affidavit submitted to the D.C. District Court cited the New Yorker interview as well as other news coverage that allegedly showed him inside the building. The affidavit said that Brock’s ex-wife recognized him in photos showing him participating in the attack on the Capitol and contacted the FBI.“I just know that when I saw this was happening I was afraid he would be there,” the witness, who claimed she was married to Brock for 18 years, told investigators. “I think you already know he was there. It is such a good picture of him and I recognize his patch.”A separate witness later contacted the FBI to report Brock’s appearance in photos in the Capitol.“It looks like him and he has pilot wings on his chest in this picture,” the witness said. “He was an A-lO pilot.”The FBI said it is still searching for more suspects in Wednesday’s incident. Anyone with information can contact the FBI tip line at 1-800-CALL-FBI.Copyright © 2021, ABC Audio. All rights reserved.
FacebookTwitterLinkedInEmailST. GEORGE, Utah (SUUTbirds.com)-Tuesday, Southern Utah University football conducted its annual Pro Day for former Thunderbirds who aspire to play in the NFL this next season.At St. George’s Desert Hills High School, 10 former Thunderbirds showed NFL scouts their skills, as well as performing tests of athleticism, such as the vertical leap, bench press, broad jump, 40-yard dash and pro shuttle race.Among those participating at the Pro Day were defensive tackle Robert Torgerson, a Richfield High productTorgerson had a vertical leap of 29.5″, 25 reps of 225 pounds on the bench press, a broad jump of 8’9,” a time of 5 seconds in the 40-yard dash and 4.62 seconds in the pro shuttle.Torgerson’s numbers are considered solid for his position which may result in him being drafted. If not, however, Brian McLaughlin, the FCS senior staff writer for Hero Sports, still expects him to be in an NFL training camp this upcoming summer.McLaughlin expressed the same sentiments for some of Torgerson’s teammates, including linebacker Mike Needham and fellow defensive linemen Chance Bearnson and Taylor Pili.Needham likely did himself a favor in the draft process by having a solid overall performance.Needham, a 6’3″ 225-pounder, had a vertical leap of 35,” 20 reps on the bench press, a 10’6″ on the broad jump (had he been invited to February’s NFL Scouting combine, this would have ranked him third among linebackers), ran a 4.56 time in the 40-yard dash and ran 4.42 seconds in the pro shuttle. Tags: Chance Bearnson/Desert Hills High School/Mike Needham/Pro Day/Robert Torgerson/SUU Football/Taylor Pili March 27, 2018 /Sports News – Local Robert Torgerson Among SUU Alums To Participate at T-Birds Pro Day Written by Brad James
Share this article Back to overview,Home naval-today Australian Navy Commodore Visits US Navy’s Only Boot Camp Australian Navy Commodore Visits US Navy’s Only Boot Camp The Royal Australian Navy attaché to the United States visited the US Navy’s Recruit Training Command (RTC) at Great Lakes, Illinois, from October 31 – November 1.Commodore Steve R. W. McDowell toured RTC’s state-of-the art facilities and served as the reviewing officer for the weekly Pass-In-Review graduation in RTC’s Midway Ceremonial Drill Hall, during which 1,001 recruits, after completing all recruit training requirements, officially became Sailors.“I was really looking forward to this visit on so many levels. It’s a great honor and privilege to be not only the reviewing officer but to also be able to see so many fine young United States men and women and their families,” said McDowell. “They have really achieved something in their lives and it’s really terrific to see.”McDowell congratulated the RTC staff and leadership, and told the recruits to feel proud of their training, proud of the petty officers, chief petty officers and officers that mentored and trained them and to continue to feel the pride of service as they move on in their Navy careers.“Each of you, like our Australian men and women that join our respective navies have selflessly answered the call to duty, to serve a cause greater than yourselves. There is no finer calling and you should all feel proud, as I do, of your service.”McDowell had the opportunity to sit and talk with many of the graduating recruits at a Pizza Night the night before graduation in the USS Arizona recruit barracks dinning facility. Pizza Night is a congratulatory and more relaxed dinner where recruits can unwind with each other, knowing in less than 24 hours, they will be graduating from the Navy’s only boot camp.“I was interested in what they thought of the process of (going through recruit training) and what they thought were the highlights and lowlights. I was staggered by the responses I received as every answer began with “we” rather than “me”. And that really said volumes for how they all really rose to the challenge of becoming part of the Navy team,” said McDowell.McDowell also had the chance to tour some of RTC’s most distinctive structures including the 173,000 square-foot, three-story physical fitness training facility, Freedom Hall. He also toured other RTC facilities, including the USS Arizona recruit barracks and the USS Trayer (BST 21), the Navy’s largest simulator. The 210-foot-long Arleigh Burke-class destroyer replica Trayer is home of Battle Stations 21, which is the culmination of eight weeks of training by recruits. Battle Stations 21 is a grueling 12-hour test of a recruit’s skills in several shipboard scenarios, including firefighting, combatting flooding and transporting casualties.“I loved the whole experience,” he said. “I saw the combination of the recruits graduating, their families and the staff and the genuine commitment to one another and the team. It was really emotional to see that and was terrific.”RTC is primarily responsible for conducting the initial orientation and training of new recruits. The command is commonly is referred to as “boot camp” or “recruit training” and has been in operation at Great Lakes since 1911. Boot camp is approximately eight weeks, and all enlistees into the United States Navy begin their careers at the command. Training includes physical fitness, seamanship, firearms, firefighting and shipboard damage control and lessons in Navy heritage and core values, teamwork and discipline. Since the closure of RTCs in Orlando and San Diego in 1994, RTC Great Lakes is now the Navy’s only basic training location, and is known as “The Quarterdeck of the Navy.” Today, more than 40,000 recruits graduate annually from RTC and begin their Navy careers.RTC is overseen by Naval Service Training Command (NSTC), headquartered in Building 1; the historic clock tower building on Naval Station Great Lakes, Ill. NSTC oversees 98 percent of initial officer and enlisted accessions training for the Navy. NSTC also includes the Naval Reserve Officers Training Corps at more than 160 colleges and universities, OTC Newport, and Navy Junior Reserve Officers Training Corps and Navy National Defense Cadet Corps citizenship development programs at more than 600 high schools worldwide.[mappress]Press Release, November 14, 2013; Image: Australian Navy Training & Education November 14, 2013