Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Assistant/Associate Rector Morristown, NJ Bishop Diocesan Springfield, IL The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Tags Extending the Table pursues Christian ministries as means to build relationships in community Evangelism, Rector/Priest in Charge (PT) Lisbon, ME General Convention 2015 Missioner for Disaster Resilience Sacramento, CA Associate Rector Columbus, GA Assistant/Associate Rector Washington, DC Director of Music Morristown, NJ Featured Jobs & Calls Rector Collierville, TN Rector and Chaplain Eugene, OR General Convention, Rector Belleville, IL Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Curate Diocese of Nebraska Submit a Press Release Course Director Jerusalem, Israel Associate Priest for Pastoral Care New York, NY An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Family Ministry Coordinator Baton Rouge, LA Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Rector Knoxville, TN Priest Associate or Director of Adult Ministries Greenville, SC Press Release Service Rector Tampa, FL Curate (Associate & Priest-in-Charge) Traverse City, MI Assistant/Associate Priest Scottsdale, AZ The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group The Rev. Jane Johnson, left, and Bobbie Joy Amann, the lead missioner of Beloved Community’s Mission Action Team, enjoy a conversation with Jeffrey, a regular at the Saturday breakfasts. Photo: David Paulsen/Episcopal News ServiceEditor’s note: This story is part of a series profiling the Episcopal Church’s recent work planting new churches and other faith communities. Other stories about recipients of grants from the Episcopal Church’s Genesis Advisory Group on Church Planting can be found here. [Episcopal News Service] The door of the downtown storefront in this central Wisconsin college town opened into a spacious retreat, a warm gathering place with couches, chairs and tables, and one that, every Saturday, offers a modest breakfast.On this Saturday, a man in a red hooded sweatshirt was the first through the front door promptly at 9 a.m. He made his way first to the coffee, only later wandering over to the Episcopalian and Lutheran volunteers who were serving ham, cheesy potatoes, banana bread and other homemade items.Another man in stocking hat and coat plopped down on a chair looking weary. “More sick than hungry,” the man said. The Rev. Jane Johnson pulled up her own chair close to sit and talk with him as the rest of the room began to fill with conversation over food.This weekly community meal for people who are chronically homeless or living on the economic margins is one component of a ministry known as Extending the Table, which has received key support from a $20,000 Mission Enterprise Zone grant from the Episcopal Church. Meals are central to the ministry but only as a means to the underlying goal of building new relationships.“It’s living out your faith,” Valerie Le Grande, one of the church volunteers, said during Episcopal News Service’s visit to the breakfast, “because I think we are called to help the poor and the underprivileged.”“And those who just need a friend,” fellow volunteer Diane Rice said as she prepared to serve food to about a dozen or more people.Valerie Le Grande serves food to some of the visitors to the weekly community meal organized by Intercession Episcopal Church and Redeemer Lutheran Church, which worship together as Beloved Community in Stevens Point, Wisconsin. Photo: David Paulsen/Episcopal News ServiceThe ministry is ecumenical because the congregation itself is ecumenical. Johnson is rector of Intercession Episcopal Church and pastor of Redeemer Lutheran Church through a partnership they call Beloved Community, involving a shared worship space in Stevens Point, a small city of about 27,000 people. They also collaborate on the Mission Action Team spearheading Extending the Table, which is taking church into the community in innovative ways.“The challenge that we decided we have is, we don’t know how to build connections with people who are not like us,” Johnson said.The four groups that Extending the Table aims to connect with are people living on the economic margins, the transgender community, college students and young people.“This is a good example of the sorts of new ministries that we’re looking to start across the Episcopal Church,” said the Rev. Michael Michie, staff officer for church planting infrastructure. “For a lot of people, crossing the threshold of an established church can be hugely intimidating. … So, having a creative, highly relational ministry that really seeks to bring these people in and connect with us, it’s just the kind of thing that we’re so excited about.”Even before those efforts received the backing of an Episcopal Church grant, Intercession had reached out to the transgender community through a support group called Just As I Am, led by Intercession member Bobbie Joy Amann.Amann, who now serves as the lead missioner of the Mission Action Team, is transgender and knew some of the therapists in Stevens Point who work with the transgender community, so she began spreading the word about creating a church-based group offering support and socializing.The LGBTQ community “in the past has been very, very suspicious of Christianity, at least the way it has been misrepresented,” Amann said, so it was important to first build trust and not go in with a religious agenda.The church began hosting the meetings about two years ago, sometimes drawing 15 to 20 people. Amann thinks the participants were impressed by congregation members’ willingness to listen with acceptance and offer silent witnesses to their experiences.Members of the Just As I Am group still meet socially around town and remain connected to the church, though the regular church meetings have since ended.Extending the Table also has organized monthly community dinners at the church for the Gender and Sexuality Resource Center at the University of Stevens Point, which helps the church build relationships with both the LGBTQ community and college students. The most recent dinner was May 10 and featured pizza and conversation and “just being present to them in a way they’re probably not used to having Christians be with them,” Amann said.That is the approach the Mission Action Team is taking with all the communities that are part of Extending the Table.“It’s putting wings to our gospel and being the hands and arms and feet of Christ,” Amann said.The weekly meal for people who are chronically homeless or living on the economic margins is one component of a ministry known as Extending the Table, which has received key support from a $20,000 Mission Enterprise Zone grant from the Episcopal Church. Photo: David Paulsen/Episcopal News ServiceThe efforts underway at Intercession coincide with an openness to ministry experimentation and reflection encouraged by Diocese of Fond du Lac Bishop Matthew Gunter, who created the diocesan Commission on Congregational Vitality about three years ago.The commission, of which Johnson is a member, is working with all congregations in the diocese to assess their strengths and challenges and develop plans for making them more visible in the community. And those plans are not intended to simply get more people into the church on Sunday.“We’ve been encouraging congregations to think hard about what they can do in their own context,” Gunter told ENS.Extending the Table has been a leading example. “The way they did that fit very much into the mindset of what can we do to engage mission differently,” he said.One catalyst for the Extending the Table was the deliberations over Intercession’s building. It was in serious need of repair, and although fixing the building to remain in the congregation’s historic location would have been feasible, the members began discerning whether that was really how God was calling them to use their time and money.Cathy Cowling, another member of the Commission on Congregational Vitality, was asked to help facilitate those discussions, and she told ENS that Intercession didn’t make the decision to move lightly.“Is the church the building, or is the church the people gathered there and doing ministry? And they said the church is more than the building,” Cowling said.Intersession already had a growing relationship with Redeemer Lutheran Church, an Evangelical Lutheran Church of America congregation. Johnson had been leading a regular Wednesday night meal and Christian education session involving members of the two congregations. With Intercession assessing its location options and with Redeemer searching for a new pastor, the two churches reached an agreement to share Johnson as rector-pastor and to allow Intercession to move into and share Redeemer’s church building starting last August.“A lot of folks get fixated on the fact we left our building,” Johnson said, but a church is more than the building. “Do we save the building? Or do we save the church? And we just decided that if our focus continued to be on do we save the building, we’re not going to be able to move into this way of mission that God is calling us to.”The Saturday breakfasts grew out of an earlier ministry to homeless people staying in a winter warming center housed in Intercession’s parish hall and run by an organization called Evergreen Community Initiatives. That warming center, with a capacity of a dozen people, opened in November 2016.The church started offering meals to the warming center residents some Saturdays, and when the warming center closed for the season in April 2017, Intercession decided to continue the meals every Saturday morning at a centrally located park in Stevens Point.The Extending the Table breakfasts are held every Saturday morning at Franciscans Downtown in Stevens Point, Wisconsin. Photo: David Paulsen/Episcopal News ServiceThen last fall, the breakfasts moved to the current location in Franciscan Downtown, a kind of day center for the homeless and economically disadvantaged run by a Franciscan order.“How is Mother Jane?” a man named Jeffrey said to Johnson shortly after arriving at breakfast. Jeffrey is a Saturday morning regular and a former resident of the warming center at Intercession.“I’m well, thank you,” Johnson said.Most of the people who come are chronically homeless or people dependent on government assistance to get by. Jeffrey, who declined to provide his last name to a reporter, is 67 and gets by on Social Security checks and selling items at flea markets in the summer months, when he lives out of his car. He and the others who gather here Saturday mornings can take advantage of well-established feeding services provided by other organizations in Stevens Point. The goal of Extending the Table was not to replicate those organizations’ work.“The whole point isn’t really to serve food,” Johnson told ENS. “The whole point is to build relationships and community.” It’s about “just rethinking what it means to be the body of Christ, and that we need to be in ministry with one another.”The Mission Action Team follows an open-ended but deliberate cycle: Listen, discern, experiment, reflect, repeat. It’s a template that can be followed by congregations across the church.“What we’re learning, we’re intent on sharing that with the larger church,” said Michie, the staff officer for church planting infrastructure. Congregations like the one in Stevens Point are “kind of pioneering the way for what the Episcopal Church will look like in the next generation.”Church members Diane and Harry Rice greet and offer food to guests at the community meal. Photo: David Paulsen/Episcopal News ServiceGod’s presence is felt every Saturday at Franciscans Downtown, where on this morning the meal was followed by a memorial service for John Jankowski, a beloved regular who died the month before.“The best way to describe John was, we all have our own idiosyncrasies, tendencies and peculiarities, and his peculiarities were peculiar,” Jeffrey said.As for Jeffrey, he said he once taught math and economics to high school students. Now he likes to spend his summers in Wisconsin’s Northwoods, or wherever else life takes him. He said he has no family, though it was clear he had made connections among the people at the breakfast.“You do have family,” Johnson told him. “I’m your family.”– David Paulsen is an editor and reporter for the Episcopal News Service. He can be reached at email@example.com. Rector Hopkinsville, KY Church Planting 2018, Rector Bath, NC TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Cathedral Dean Boise, ID Featured Events Rector Martinsville, VA Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 New Berrigan Book With Episcopal Roots Cascade Books Rector Albany, NY Director of Administration & Finance Atlanta, GA Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Canon for Family Ministry Jackson, MS Priest-in-Charge Lebanon, OH Submit a Job Listing Youth Minister Lorton, VA Rector (FT or PT) Indian River, MI Rector Smithfield, NC Rector Washington, DC Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Rector Shreveport, LA Submit an Event Listing By David PaulsenPosted Jun 14, 2018 Rector Pittsburgh, PA Associate Rector for Family Ministries Anchorage, AK
Lead Architects: City:SeabrightCountry:CanadaMore SpecsLess SpecsSave this picture!© Julian ParkinsonRecommended ProductsWindowsKalwall®Facades – Window ReplacementsWoodEGGERWood-based materials in EGGER HeadquartersEnclosures / Double Skin FacadesIsland Exterior FabricatorsCurtain Wall Facade SystemsDoorsdormakabaEntrance Doors – Revolving Door 4000 SeriesSave this picture!Plan / ElevationsSave this picture!© Julian ParkinsonText description provided by the architects. Located in the small coastal community of Seabright, Nova Scotia, this private residence, designed and built by Peter Braithwaite Studio, overlooks a picturesque lake and babbling brook. The panoramic living area provides a unique experience of the prospect of nature and refuge from the harsh Nova Scotian climate. The form articulates areas of privacy through the use of locally sourced Nova Scotian rough sawn hemlock.Save this picture!© Julian ParkinsonThe vaulted living and kitchen areas nest between the two vertically clad bedrooms. The horizontal and vertical cladding articulates this relationship on the exterior of the building. Building upon Nova Scotia’s rich wood building culture, the modest 1000 sq. ft size of the house allows for the structure and roof to be built entirely of wood.Save this picture!© Julian ParkinsonPlanning the interior of the Seabright Residence was an exercise of efficiency and using light and sightlines to expand the space. The great room opens to the East with a window wall that faces the lake, flooding the dining and living areas with light in the morning. Strategic West-facing clerestory windows wash the vaulted ceiling in the afternoon, providing additional lighting for the kitchen and washroom.Save this picture!© Julian ParkinsonSave this picture!© Julian ParkinsonA central hallway runs the full length of the house to maximize the efficiency of space and movement, like a spine that organizes the building’s interior. Lastly, the minimalistic finish strategy creates a bright and neutral gallery-like atmosphere that directs focus and frames exterior views. The end result is an efficient and compact space that is outwardly focused on nature.Save this picture!© Julian ParkinsonProject gallerySee allShow lessRISD North Hall / NADAAASelected ProjectsParklet Design CompetitionStudent Competitions Share “COPY” Structural Engineering: ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/957151/seabright-residence-peter-braithwaite-studio Clipboard Seabright Residence / Peter Braithwaite StudioSave this projectSaveSeabright Residence / Peter Braithwaite Studio 2020 Year: ArchDaily CopyHouses•Seabright, Canada Canada Area: 1000 m² Year Completion year of this architecture project Photographs Photographs: Julian Parkinson Manufacturers Brands with products used in this architecture project CopyAbout this officePeter Braithwaite StudioOfficeFollowProductWood#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesOn FacebookSeabrightCanadaPublished on February 22, 2021Cite: “Seabright Residence / Peter Braithwaite Studio” 22 Feb 2021. ArchDaily. Accessed 10 Jun 2021.
Facebook Twitter Home Indiana Agriculture News The Key to Higher Corn and Soybean Prices But Congressional leaders say right now the votes re not there to pass TPP. US Trade Representative Darci Vetter says farmers need to start pressing lawmakers now if they want to get TPP passed later this year, “This is an election year, trade is a sensitive issue, so clearly this plays into those politics.” She said, however, if you just look at the calendar, you can see there is a very short time window to gain support for the agreement. “We need to start changing hearts and minds how.” President Obama is a strong supporter of TPP but may not be in office when the vote in Congress comes. When asked where TPP stands now, House Speaker Paul Ryan said, “Right now I don’t see the votes there for TPP, because I think the administration negotiated an agreement that has some problems in it, has some flaws in it; and they’re going to have to figure those out and work those out if they want to get the votes to pass it through Congress, which I just don’t see the votes there right now.” SHARE The Key to Higher Corn and Soybean Prices By Gary Truitt – Feb 16, 2016 The Key to Higher Corn and Soybean Prices For example, Indiana Senator Joe Donnelly has not come out in support of TPP but says he is still studying the trade proposal. Vetter says farmers must begin now to tell their elected officials that TPP is one way to raise prices and improve farm income, “In the short time frame of a lame duck session, we don’t have time to change minds and push the vote across the finish line. So educating members of Congress and the public at large needs to begin now.” SHARE Facebook Twitter Darci-VetterAs growers begin to take delivery of seed for the coming year, the price outlook for this year’s corn and soybean crop remains bleak. There is one issue that could help stimulate demand for and prices of the 2016 crop, and that is trade. With corn prices under $4 and soybeans under $9, Secretary of Agriculture Tom Vilsack is feeling some heat about dismal US farm exports and the lack of new programs to help stimulate demand, “I am cognizant that folks are concerned about the level of these prices.” Vilsack is pinning his hopes for price recovery on passage of the Trans Pacific Partnership trade deal, “I am optimistic about a recovery in farm prices if Congress can pass TPP later this year.” Previous articleSyngenta Deal May Help Biotech Acceptance in ChinaNext articleMarketing and Crop Insurance Can Complement Each Other Gary Truitt
Homepage BannerNews RELATED ARTICLESMORE FROM AUTHOR By News Highland – March 20, 2017 Twitter Twitter 75 positive cases of Covid confirmed in North Google+ WhatsApp Man arrested on suspicion of drugs and criminal property offences in Derry Main Evening News, Sport and Obituaries Tuesday May 25th Further drop in people receiving PUP in Donegal There were 17 people awaiting admission at Letterkenny University Hospital this morning, four of them on Emergency Department trolleys and 13 in overflow areas and on wards.Nationally, the INMO says there were 350 people awaiting admission around the country this morning. Pinterest Google+ 17 patients awaiting admission at LUH Previous articleAnniversary mass for victims of Buncrana pier tragedy to take place tonightNext articleFriends and family organise remembrance event for Danielle for this Tuesday night News Highland 365 additional cases of Covid-19 in Republic WhatsApp Facebook Facebook Pinterest Gardai continue to investigate Kilmacrennan fire
ColumnsCommercial Courts Act, 2015 “An Overview” Ravinder Singh Randhawa14 Jun 2020 11:43 PMShare This – xThis Act came into force with effect from 23rd Day of October, 2015, and further amended on 3rd May, 2018, with primary objective of adjudication of disputes falling under this Act in a swift time bound manner and lesser hassles to the litigating parties and by introducing minimal interference by the higher courts, when the dispute is pending before the Commercial Court constituted…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?LoginThis Act came into force with effect from 23rd Day of October, 2015, and further amended on 3rd May, 2018, with primary objective of adjudication of disputes falling under this Act in a swift time bound manner and lesser hassles to the litigating parties and by introducing minimal interference by the higher courts, when the dispute is pending before the Commercial Court constituted under this Act. To generate confidence of the parties entering into commercial agreement/transactions in the rule of law, so as, to bring about ease of doing business in India and a step of legislature towards improving the ranking of India in the “Ease of Doing Business Index”. Not only does this benefits the litigant, other potential litigants (especially those engaged in trade and commerce) but also advantaged the courts, by the reduction in backlog caused by the quick resolution of commercial disputes. In turn, this will further economic growth, increase foreign investment, and make India an attractive place to do business. Further, it also benefits the economy as a whole given that a robust dispute resolution mechanism is a sine qua non for the all-round development of an economy. Commercial Courts are constituted under section 3 of this Act, under section 3A Commercial Appellate Courts are designated, Commercial Division of High Court is Constituted under Section 4, Commercial Appellate Division is constituted under Section 5 of the Act. This Act provides for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto. The term “Commercial Dispute” is defined under Section 2(1) (c) and the “Specified Value” is defined under section 2(1)(i) of the Act and now the value of the subject-matter in respect of a suit shall not be less than Rs. 3,00,000/- (Rupees Three Lakh Only) [though earlier in 2015 Act it was “not less than Rs. 1,00,00,000/- (Rupees One Crore only)”]. The mode of determination of specified value has been provided under section 12. In order to make this legislation more effective a bar has been provided under section 8 of the Act, against revision application or petition against an interlocutory order of a Commercial Court, including an order on the issue of jurisdiction, and any such challenge, shall be raised only in an appeal against the decree of the Commercial Court, only with an exception provided under section 13 of the Act, that an appeal shall lie from such orders passed by a Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 (5 of 1908) as amended by this Act and section 37 of the Arbitration and Conciliation Act, 1996. Section 12A has been added in the amended Act, providing for Pre-institution Mediation in a suit, which does not contemplate any urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of pre-institution mediation. The pre-institution mediation process is required to be completed within three months of the making of an application by the plaintiff under subsection 1 of section 12A. The period of mediation may be extended for a further period of two months with the consent of the parties. The period during which the parties remained occupied with the pre-institution mediation, such period shall not be computed for the purpose of limitation under the Limitation Act, 1963. Section 10 also confers jurisdiction in Arbitration matters where the subject-matter of an arbitration is a commercial dispute of a Specified Value. In case of an International Commercial Arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) that have been filed in a High Court, shall be heard and disposed of by the Commercial Division where such Commercial Division has been constituted in such High Court. In case arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) that have been filed on the original side of the High Court, shall be heard and disposed of by the Commercial Division where such Commercial Division has been constituted in such High Court. In case arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) that would ordinarily lie before any principal civil court of original jurisdiction in a district (not being a High Court) shall be filed in, and heard and disposed of by the Commercial Court exercising territorial jurisdiction over such arbitration where such Commercial Court has been constituted. Appellate Authority: Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order under section 13 (1). Any person aggrieved by the judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction or, as the case may be, Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a period of sixty days from the date of the judgment or order under section 13(1A). Section 14 contemplates that the Commercial Appellate Court and the Commercial Appellate Division shall endeavour to dispose of appeals filed before it within a period of six months from the date of filing of such appeal. Case Law: 1. CIVIL APPEAL NO. 7843 OF 2019 (Arising out of SLP (Civil) No.9391 of 2019) Ambalal Sarabhai Enterprises Ltd. Versus K.S. Infraspace LLP & Anr. The Hon’ble Supreme Court held “it is also necessary to carefully examine and entertain only disputes which actually answer the definition “commercial disputes” as provided under the Act. In the instant case, as already taken note neither the agreement between the parties refers to the nature of the immovable property being exclusively used for trade or commerce as on the date of the agreement nor is there any pleading to that effect in the plaint.” “A dispute relating to immovable property per se may not be a commercial dispute. But it becomes a commercial dispute, if it falls under sub-clause (vii) of Section 2(1)(c) of the Act viz. “the agreements relating to immovable property used exclusively in trade or commerce”. The words “used exclusively in trade or commerce” are to be interpreted purposefully. The word “used” denotes “actually used” and it cannot be either “ready for use” or “likely to be used” or “to be used”. It should be “actually used”. Such a wide interpretation would defeat the objects of the Act and the fast tracking procedure discussed above.” 2. CIVIL APPEAL NO. 9307 OF 2019(ARISING OUT OF SLP (CIVIL) NO.25618 OF 2018) In BGS SGS SOMA JV Versus NHPC LTD., Hon’ble Supreme Court held: The interplay between Section 37 of the Arbitration Act, 1996 and Section 13 of the Commercial Courts Act, 2015, has been laid down in some detail in the judgment in Kandla Export Corporation (supra). The precise question that arose in Kandla Export Corporation (supra) was as to whether an appeal, which was not maintainable under Section 50 of the Arbitration Act,1996, is nonetheless maintainable under Section 13(1) of the Commercial Courts Act, 2015. In this context, after setting out various provisions of the Commercial Courts Act, 2015 and the Arbitration Act, 1996, this Court held: “13. Section 13(1) of the Commercial Courts, Act, with which we are immediately concerned in these appeals, is in two parts. The main provision is, as has been correctly submitted by Shri Giri, a provision which provides for appeals from judgments, orders and decrees of the Commercial Division of the High Court. To this main provision, an exception is carved out by the proviso…” The proviso goes on to state that an appeal shall lie from such orders passed by the Commercial Division of the High Court that are specifically enumerated under Order 43 of the Code of Civil Procedure Code, 1908, and Section 37 of the Arbitration Act. It will at once be noticed that orders that are not specifically enumerated under Order 43 CPC would, there- fore, not be appealable, and appeals that are mentioned in Section 37 of the Arbitration Act alone are appeals that can be made to the Commercial Appel- late Division of a High Court. Thus, an order which refers parties to arbitration under Section 8, not being appealable under Section 37(1)(a), would not be appealable under Section 13(1) of the Commercial Courts Act. Similarly, an appeal rejecting a plea referred to in sub-sections (2) and (3) of Section 16 of the Arbitration Act would equally not be appealable under Section 37(2)(a) and, therefore, under Section 13(1) of the Commercial Courts Act. 3. Leitz Tooling Systems India Pvt. … vs Bharat Bhogilal Patel REVIEW PETITION (L) NO. 15 OF 2019 IN COMMERCIAL SUIT NO. 316 OF 2018 Hon’ble Bombay High Court answered the following question: “Whether in view of the amendment to the Code of Civil Procedure, 1908 by a Commercial Court, Commercial Division and Commercial Appellate Division of High Court’s Act, 2015 (4 of 2016), the Defendant can be allowed to file the Written Statement after 120 days from the date of service of Summons in a Commercial Suit”. “30. I therefore hold that the amendments introduced to the CPC by the Commercial Courts Act are only applicable to Commercial Disputes of a Specified Value and not Commercial Disputes not of a Specified Value such as the present suit. Consequently, amongst other amendments introduced to the CPC by the Commercial Courts Act, the amendment to the CPC mandating that a Written Statement in a Commercial Suit has to be filed within 120 days, will not apply to Commercial Disputes not of a Specified Value.” Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Patna HC Decides The Parameters For E-Filing, Physical Filing, Listing And Hearing In Consonance With All The Stakeholders [Read Order]
News UpdatesPatna HC Decides The Parameters For E-Filing, Physical Filing, Listing And Hearing In Consonance With All The Stakeholders [Read Order] Sparsh Upadhyay1 Oct 2020 5:29 AMShare This – xWhile hearing the matter [In Re Functioning of Courts in Bihar during the period of COVID-19, Pandemic] the Patna High Court on Wednesday (30th September) decided the parameters for e-filing, physical filing, listing and hearing in consonance with all the stakeholders.The Full bench comprising Chief Justice Sanjay Karol, Justice Dinesh Kumar Singh and Justice Hemant Kumar Srivastava took…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?LoginWhile hearing the matter [In Re Functioning of Courts in Bihar during the period of COVID-19, Pandemic] the Patna High Court on Wednesday (30th September) decided the parameters for e-filing, physical filing, listing and hearing in consonance with all the stakeholders.The Full bench comprising Chief Justice Sanjay Karol, Justice Dinesh Kumar Singh and Justice Hemant Kumar Srivastava took into consideration suggestions given by Advocates’ Association, Lawyers’ Association and Bar Association of Patna High Court.It may be noted that in pursuance of the order dated 23.9.2020, all the three Associations clarified their stand with regard to the Court proceedings through physical mode, virtual mode as well as e-filing and physical filing.Suggestions Given by the Bar AssociationAssociation’s focus was on three points – the start of Court in physical mode, the start of physical filing and ease of e-filing. It further stated that 3-4 Courts in physical mode should resume with old civil and criminal matters strictly adhering to the operating procedure as suggested by the Hon’ble Supreme Court.It further opined that the Court proceeding through physical mode should be started, firstly allowing those lawyers who are having difficulties in filing their cases through e-mode due to lack of infrastructure facilities.A limited number of tokens be generated for physical filing. So far as ease of e-filing is concerned, there should be no mentioning for the bail matters and the listing should be as per seriatim of their uploading on the High Court website.The pending bail applications should be listed. The process of e-filing should be improved. The capacity of e-filing be increased to 50 MB per file with 300 dpi resolution.Suggestions Given by the Lawyers’ AssociationThe Lawyers’ Association gave the suggestion for the resumption of 4-5 Courts in physical mode with the entry of ten advocates only. The entry of litigants and advocate’s clerks will completely be prohibited and the small courtrooms should be used for a waiting room for the lawyers.Suggestions Given by the Advocates’ Associationthe number of physical Courts should be determined by the High Court but the filing of all cases be accepted. The Court proceeding in physical mode should be on rotational basis like Delhi High Court.The physical filing should be through drop boxes as is the practice adopted in Jharkhand High Court and Orissa High Court.The stand of Additional Solicitor General of India (Patna)The High Court should decide the date of resumption of physical filing, maximum fifty cases be listed in every bench, senior advocates should be allowed to be assisted by one junior advocate, and clients should be restricted from entering the courtrooms, government officials should not be called to the court, sanitization should be undertaken throughout the premises.The cases filed between March and June, 2020 be processed and listed in chronological order of their filing. Stamp reporting should be done within one week of e-filing.Notably, all the stakeholders unanimously agreed and suggested the parameters for e-filing, physical filing, listing and hearing, as follows:(i) No mentioning in bail matters in any mode;(ii) Processing of bail applications chronologically based on the date of filing and not mentioning;E-filing(i) A maximum of 100 petitions per day be accepted through e-mode.Physical filing(i) For enabling such filing, an OTP shall be generated on a first-come-first basis. Not more than one token per day shall be issued in favour of the same AOR.(ii) Physical filing be accepted only after a copy of the brief has been filed in the office of the Advocate General/Additional Solicitor General of India or other nominated counsel of the instrumentality of State;(iii) An application shall be processed only if it is filed Patna High Court by an AOR, and subject to a maximum of two applications filed by him in a week through both modes taken together;(iv) Defects in physical filing shall be removed only through physical mode and not by e-mode;(v) A maximum of 100 petitions per day to be accepted through physical-mode;(vi) All three Associations will collect the petitions to be filed by their lawyers and will keep them in the new Shatabdi Bhawan from where the Court Officer will have them collected every day between 12.00 noon and 12.30 P.M.(vii) Physical filing will be accepted only if the petition is duly affidavited with court fee and stamp;(viii) If a petition is filed both through e-mode and physical mode, it will not be processed;(ix) A petition filed through either mode must contain a statement that it has not been filed by the other mode;(x) Details of petitions validly filed will be uploaded on the website of the Court within 48 hours.The Court was ready to consider the unanimous stand of the three Associations. However, the Court directed that the matter be placed tomorrow at 10.30 A.M. for further hearing with regard to the necessary infrastructure to be set up, and parameters with regard to sanitization and security measures to be set out, for the safe and smooth functioning of Court proceedings in physical mode.Click Here To Download Order[Read Order]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Fraternities support McClaney families efforts to honor son’s memory, provide food to needy families during holidays
It is often throwaway remarks and informal habitual practices that cause themost problems in sex discrimination cases. Diana Reid gives examples of how to avoid troubleDiscrimination in employment Rachel applies for a job with Double Glazing International asmarketing manager. She has a successful interview with Mr Glass, the managingdirector, though is puzzled by his good-humoured questions and jokes regardingher husband’s work commitments, whether he ‘minds’ her working, and what herlong-term career plans are. Glass tells Rachel she will receive a decision thefollowing week. Over the weekend, Glass sees Rachel buying a toy for her new niece. Rachelwaves at him and jokes with her husband that Glass will now assume she willneed maternity leave soon. The following week Rachel receives a rejectionletter. She calls Glass to ask why she has been rejected, but he does not callher back. Two weeks later Glass receives a letter from Rachel’s solicitor alleging sexdiscrimination in the failure to offer her the job on the basis of her sexand/or marital status. Glass is furious as he thinks he is entitled to hire whohe wants. Diana Reid comments: Discrimination in the recruitment process isunlawful under section 6 of the Sex Discrimination Act 1975. Rachel has apotential claim in the employment tribunal against Double Glazing Internationalfor its failure to offer her employment on the basis of her sex. She could alsoallege she was discriminated against because she is married, contrary tosection 3 of the SDA. Glass could be named personally as an additionalrespondent to her claim by virtue of section 41(1) of the SDA. Glass’ mistake was to introduce an apparently discriminatory line ofquestioning regarding Rachel’s personal life into the interview. The employmenttribunal can draw an adverse inference from these facts and conclude that hersex or marital status was the reason behind his decision, in the absence of anyadequate explanation from Glass as to why exactly she was not offered the job. Under an amendment to the SDA in October 2001, the burden of proof in a sexdiscrimination claim is on the employer so that where the employee – or here,the potential employee – shows facts from which the tribunal can inferdiscrimination (here, the line of questioning), it is for the employer to showit did not discriminate. Vague, unsubstantiated justifications for his decision may not convince thetribunal and it will be important to produce contemporaneous written records toshow the real reason for not employing Rachel. If Glass cannot demonstrate thatthe person he appointed had more appropriate qualifications and experience, hemay be landed with a significant compensation bill. In future he should avoid asking job applicants (male or female) of theirdomestic situations or gender-related medical questions, for example,”have you taken any time off due to ‘female’ ailments?”. He shouldask his HR manager to ensure all managers responsible for interviewingpotential employees are aware of this and that they ask the same questionswhere possible of all candidates for a particular role to ensure consistency. The Equal Opportunities Commission gives guidance on questioning at www.eoc.org.ukSexual harassmentCaroline works at Finance Ltd and reports to Mr Dragon. She has had asuccessful career with the company and has got on well with Dragon. However, inrecent months his attitude towards her has changed (she does not know why) and althoughher colleagues note no obvious clashes between them, she feels there is a greatdeal of tension. She believes he is directing personal remarks at her (although they havealways had a jokey relationship) and this worsens when he starts to make flatteringremarks about her appearance and tells risqué jokes in front of clients,seemingly to embarrass her. She complains informally to the CEO who tells herthat she should be flattered, not have a sense of humour failure, and that shehas a great future with the company. She writes formally to the CEO setting out her claims and he passes theletter to the company’s solicitors. They respond by strongly denying theallegations and referring to the company’s equal opportunity policy, which isissued to all managers and new employees when they join. The tension carries onuntil Caroline resigns, claiming sex discrimination and constructive unfairdismissal. DR comments: There is currently no legal definition of sexualharassment, although a Europe-wide legal definition is expected in 2005. Sexual harassment is a type of sex discrimination and is defined by the EOCas unwelcome physical, verbal or non-verbal conduct of a sexual nature. It isnot confined to physical harassment and can be demeaning or flattering commentsabout a person’s appearance; questions/jokes about a person’s sex life; namecalling with demeaning terminology which is gender specific; or any otherconduct of a sexual nature which creates an intimidating, hostile orhumiliating work environment. Harassment can be a one-off serious act or aseries of less serious acts. A key factor in harassment cases is whether the employer properlyinvestigates the allegations. The CEO’s mistake was to dismiss Caroline’scomplaints out of hand without properly investigating what happened byinterviewing her, Dragon and other relevant witnesses. It is not relevant whether the CEO or anyone else found the commentsoffensive – the test is whether Caroline found them offensive or upsetting. Inaddition, the company’s solicitors were ill advised to issue an immediateaggressive denial of her complaints, thereby suggesting any subsequentinvestigation would have a foregone conclusion. A calm, measured reaction will present the employer in a better light if aclaim is made and show the allegation was taken seriously. Section 41(3) of the SDA allows the defence that the employer took suchsteps as were reasonably practicable to avoid the harassment complained of. Themain plank in this defence will be having an effective equal opportunitiespolicy which is actually implemented and not only brought out when a claim ismade. This will include training in equal opportunities for employees withsupervisory/management responsibilities with updates where necessary. Sex discrimination and bonusesNaomi works for Big Bank. Since having children two years ago she hasworked a four-day week and tries to avoid late evening meetings. She catches upon work when necessary at home. She received a high rating in her lastappraisal and met her targets. It’s bonus time. The annual bonus is discretionary and there is no writtenpolicy on it. Typically the decision is reached by looking at the employee’sindividual performance. Naomi’s manager, Ms Suit, e-mails some colleagues for feedback on Naomi’sperformance. She receives two replies which she takes as criticism of Naomi’sattitude and commitment and decides to award her a bonus of 30 per cent ofsalary. Her team colleagues (male and female) who perform similar work receivebonuses of between 75 and 100 per cent. Naomi brings a claim for sex discrimination in the employment tribunal andasks for disclosure of the e-mails leading to the bonus decision. The firste-mail says a lower bonus could be justified as a quid pro quo for Naomi’sflexible hours, as she isn’t likely to be able to find such an arrangementelsewhere. The second questions her motivation for working (for example is itto increase the family income or because she enjoys her career?) and says thisshould affect the amount she is awarded. Though Suit says she did not rely solely on these e-mails, she cannot pointto any other factors except her own impression of Naomi’s performance. Suitsays her appraisal was probably too generous. DR comments: Naomi has potential claims under the SDA and/or the PartTime Workers (Prevention of Less Favourable Treatment) Regulations 2001. Shecould couch her claim as a direct sex discrimination claim on the basis that,in reaching the bonus decision, assumptions were made that hers was the secondincome in the household and that she’d be unlikely to leave as it would bedifficult to find a similar part-time position elsewhere. She could also argue that her treatment constituted indirect sexdiscrimination on the basis that her childcare commitments and the fact shecouldn’t show the same flexibility or ability to work late as male employeeswere a factor in the bonus decision and that this affects womendisproportionately. As she completed her work to a high standard within deadlines and achievedher targets, the requirement to work outside office hours could not beobjectively justified. Her claim under the Part Time Workers Regulations would be that she wastreated less favourably because of her part-time status and that treatment isnot objectively justified. The bank’s mistake here was not to have a clear, written policy documentingobjective criteria for the bonus decision and, where possible, avoiding vaguesubjective judgements on attributes such as ‘commitment’ and ‘flexibility’. The bonus decision should be linked to the annual appraisal where individualperformance is a criterion and only the published criteria should be taken intoaccount. Bonus proposals, debates and the reasons for bonus levels should bedocumented. In addition, if possible, bonus decisions should not be takensolely by the manager with day-to-day responsibility for the team to avoidsubjectivity. Managers responsible for setting bonus levels should have some training inequal opportunities. It may also be prudent to monitor the gender and race spanin awards so discrepancies can be investigated. The e-mails are all disclosable under the tribunal rules so even informal orthrowaway comments can be subject to a disclosure obligation and come back tohaunt the writer. In addition, Naomi has the right under the Data Protection Act 1998 to askfor access to her personnel records and could do this before issuing tribunalproceedings. Diana Reid is a solicitor in the employment department at Herbert Smith Gender offendersOn 1 Nov 2002 in Personnel Today Comments are closed. Previous Article Next Article Related posts:No related photos.
Oxford University’s quality of data protection is far better than Cambridge’s, according to a leading cybersecurity firm.RepKnight searched the dark web – a seedy but massive back-alley to the normal internet – and found more than twice as many stolen Cambridge email addresses as Oxford email addresses.As part of their campaign to raise awareness of hacked credentials, the firm scoured the dark web for stolen Oxbridge email addresses using their monitoring tool Breach Alert. They found around 400,000 stolen addresses with the cam.ac.uk domain, and less than half that number with the ox.ac.uk domain.The addresses were found across numerous dark web sites that serve as warehouses for stolen information. Collectively, those warehouses store “more than five billion stolen, leaked or hacked credentials.”Though the term “credentials” might suggest passwords or security answers, email addresses alone could be turned against users and institutions. RepKnight warns of how hackers use stolen university emails, including doing anything from conducting phishing scams to using university systems as proxies to conduct illegal operations.Patrick Martin, the firm’s cybersecurity analyst, said: “It is often assumed that cybercriminals are primarily targeting commercial businesses. However, it’s not hard to see why the confidential data stored at universities might be a valuable commodity for criminals, given the links those institutions have to government agencies, supra-national organisations like the EU, and the private sector.“Like most industries, universities are working hard to improve their cyber security capabilities. But the best network security often can’t defend against someone logging in using a stolen username and password. The vast majority of the credentials we see on the Dark Web are from third-party breaches, where an email address had been used on a site like LinkedIn or Dropbox, and that site was subsequently compromised – often including the user’s password.”The findings come after Christopher Wylie’s revelations regarding his former employer Cambridge Analytica’s data gathering practices. Andrew Nix, CEO of the British Big Data firm, bragged to an undercover reporter of swinging elections using prostitutes and sting operations, among other underhanded methods.Facebook employees have also come forward accusing Cambridge Analytica of mining users’ data to influence their vote.Sandy Parakilas, former platform operations manager at Facebook, told the Guardian that hundreds of millions of Facebook users could also be targeted by other companies using the same methods as Cambridge Analytica.
The steep rationalisation at Premier (pg 4) was expected – but it’s not over yet! Much of the preliminary action is centred on cake production, with Manor Bakeries moving to Premier’s St Albans site, Avana Cakes integrating with RF Brookes and closure of the cakes division head office at Windsor, together with van sales operation. The mills will be “looked at” in the future, says Premier.Meanwhile, at Bowman’s 150th anniversary, guest speaker and city analyst David Lang of Investec predicted that private equity investment may well transform the milling sector in the future (pg 13). And, he says that, over the last 20 years, the milling industry has moved from being over 80% owned by companies that are integrated downstream into milling/ baking to around 50% today – that’s a very big move.These are difficult times. Raw materials and commodities are suffering steep rises. Last week, we wrote about big increases in flour and butter, but manufacturers are also suffering from milk powder up 35%, soya up 40% and the list goes on. You cannot combat those levels of price rises with efficiency or small price increases – you’d go bust!Tunnock’s of Uddingston, which makes top-selling teacakes with a traditional twist, last week issued its first profits warning in the company’s 117-year history. MD Boyd Tunnock told Scotland on Sunday that, in little over two years, the company has seen water bills treble and gas rates go up by 66% – as well as the rise in raw materials – “the worst situation in my working lifetime”.So understanding is needed at every level of food – right through to retailers and consumers, who have had plenty of chance to read and hear about wheat and other increases and know how their own energy prices have risen.Countering all the uncertainty, Goswell’s Bakery (pg 16), which mainly supplies supermarkets, has carved out a perfect niche. It specialises in wholesale and puts an emphasis on ’natural’, even more than organic. It is extremely focused and has a loyal following.”We like doing difficult things,” says director Colin Lyons about his range, which includes Honey & Oatbran and Sunflower & Barley. Over the past four years, both his listings and sales have increased. He’s timed ’natural’ just right.