New UK laws tougher on libel tourism

first_img CHANGES to the UK’s libel laws will make it more difficult for overseas claimants to pursue a case in the UK courts, in an effort to clamp down on so-called libel tourism. The new Defamation Bill, released in draft form by justice secretary Kenneth Clarke (pictured) yesterday, will require claimants to prove “substantial harm”, and proposes that claims should only be brought against the first publication of a statement, preventing separate claims each time it is repeated. The new jurisdictional rules mean cases will only be heard in the UK courts if it can be shown as “clearly the most appropriate place” for an action. Earlier this year a case was thrown out of the High Court after Ukraine’s Kyiv Post attempted to pursue a case over an article that was downloaded from the internet by just 21 UK users. A defence of “honest opinion” will also replace the current “fair comment” justification, applicable where a statement is an expression of opinion rather than an assertion of fact.Clarke said that the proposed reforms would balance free speech with a just treatment of claimants, and address “the increased threat of costly libel actions [which] has begun to have a chilling effect on scientific and academic debate, and investigative journalism.”Lawyers welcomed the consultation, which runs until 10 June, but Rod Dadak, head of defamation at law firm Lewis Silkin said that the Bill’s structure meant there was a danger that “costs to claimants will be increased significantly”. KCS-content whatsapp New UK laws tougher on libel tourism Show Comments ▼ Tuesday 15 March 2011 8:28 pm Read This NextRicky Schroder Calls Foo Fighters’ Dave Grohl ‘Ignorant Punk’ forThe WrapCNN’s Brian Stelter Draws Criticism for Asking Jen Psaki: ‘What Does theThe WrapDid Donald Trump Wear His Pants Backwards? Kriss Kross Memes Have AlreadyThe WrapPink Floyd’s Roger Waters Denies Zuckerberg’s Request to Use Song in Ad:The WrapHarvey Weinstein to Be Extradited to California to Face Sexual AssaultThe Wrap2 HFPA Members Resign Citing a Culture of ‘Corruption and Verbal Abuse’The Wrap’The View’: Meghan McCain Calls VP Kamala Harris a ‘Moron’ for BorderThe Wrap’Black Widow’ First Reactions: ‘This Is Like the MCU’s Bond Movie’The Wrap’Small Axe’: Behind the Music Everyone Grooved On in Steve McQueen’sThe Wrap whatsapp Tags: NULL Share last_img read more

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Jubilee Holdings Limited (JHL.tz) 2017 Abridged Report

first_imgJubilee Holdings Limited (JHL.tz) listed on the Dar es Salaam Stock Exchange under the Insurance sector has released it’s 2017 abridged results.For more information about Jubilee Holdings Limited (JHL.tz) reports, abridged reports, interim earnings results and earnings presentations, visit the Jubilee Holdings Limited (JHL.tz) company page on AfricanFinancials.Document: Jubilee Holdings Limited (JHL.tz)  2017 abridged results.Company ProfileJubilee Holdings Limited is an investment holding company involved in all classes of general and long-term insurance. The company underwrites life and non-life insurance risks associated with death, disability, health, property and liability as well as general insurance products covering engineering, fire, marine, motor, personal accident, theft workmen’s compensation and employer’s liability, and miscellaneous insurance products. Its medical insurance division covers medical and surgical expenses; the Ordinary & Group Life division covers life assurance and superannuation business and business incidentals. Jubilee Holdings Limited issues a portfolio of investment contracts to provide asset management solutions for savings and retirement needs. The company has subsidiaries in Burundi, Kenya, Mauritius, Tanzania, Uganda and Pakistan. Jubilee Holdings Limited is listed on the Dar es Salaam Stock Exchangelast_img read more

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Will the Rolls-Royce share price fly this summer holiday season?

first_img Harvey Jones | Thursday, 6th May, 2021 | More on: RR FREE REPORT: Why this £5 stock could be set to surge Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee. I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement. Simply click below to discover how you can take advantage of this. Will the Rolls-Royce share price fly this summer holiday season? Are you on the lookout for UK growth stocks?If so, get this FREE no-strings report now.While it’s available: you’ll discover what we think is a top growth stock for the decade ahead.And the performance of this company really is stunning.In 2019, it returned £150million to shareholders through buybacks and dividends.We believe its financial position is about as solid as anything we’ve seen.Since 2016, annual revenues increased 31%In March 2020, one of its senior directors LOADED UP on 25,000 shares – a position worth £90,259Operating cash flow is up 47%. (Even its operating margins are rising every year!)Quite simply, we believe it’s a fantastic Foolish growth pick.What’s more, it deserves your attention today.So please don’t wait another moment. There are much more promising stocks out there. Enter Your Email Address Get the full details on this £5 stock now – while your report is free. Our 6 ‘Best Buys Now’ Shares Harvey Jones has no position in any of the shares mentioned. The Motley Fool UK has no position in any of the shares mentioned. Views expressed on the companies mentioned in this article are those of the writer and therefore may differ from the official recommendations we make in our subscription services such as Share Advisor, Hidden Winners and Pro. Here at The Motley Fool we believe that considering a diverse range of insights makes us better investors. The euphoria surrounding last year’s Rolls-Royce Holdings (LSE: RR) share price revival has faded as investors take a more realistic view of its prospects. Incredibly, its stock quadrupled between October and December last year, and investors who bought at the right time will have made a fortune. Sadly, I wasn’t one of them.Despite a second wind in February, the Rolls Royce share price trades at the same level as this time last year, and is down two-thirds measured over three years. More investors will have lost big money on this FTSE 100 stock than made it.5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…The aircraft engine manufacturer generates most of its revenues from maintenance and service contracts. These are based on miles flown and they collapsed as Covid grounded global fleets. Management has adopted the usual measures facing troubled companies, including rescue packages, non-core asset sales, laying off staff, restructuring, scrapping dividends and so on.FTSE 100 pandemic victimYet it can only do so much to cut costs and prop up the Rolls-Royce share price. Ultimately, it needs customers to start flying their planes again. I fear this year’s summer holiday season may prove another washout, as governments remain reluctant to risk a Covid resurgence by freeing people to travel in large numbers.Vaccination passports may help, but will people fly with the same alacrity as before? Many will recoil at the thought of sitting in a crowded plane with strangers, followed by hours queuing at passport control after all the social distancing campaigns we’ve been through.And if Covid continues to ravage parts of Asia and Latin America, many countries look set to remain off-limits for some time to come. There’s some good news as the US and China resume domestic flights, but the international long-haul market will take even longer to put right. This is where Rolls-Royce has most of its market.The Rolls-Royce share price may fly low for a whileIn March, Rolls-Royce reported a worse-than-expected £4bn annual loss but stood by predictions that cash would start flowing again in the second half of this year. I might be too pessimistic here. We could see a Rolls-Royce share price revival. Vaccines are working. Flight activity has to pick up from here, albeit slowly. Defence sales are up. The group’s Power Systems and ITP units look promising. Investors may decide it has been oversold.I find the stock hard to judge, though, as I cannot assess the Rolls-Royce share price using traditional measures such as the P/E ratio, operating margins, and return on capital employed. And there’s no dividend while I wait for management to turn this crate around. Rolls-Royce is barred from returning cash to shareholders before the end of next year, at the earliest.One figure does jump out. Rolls-Royce has £7.3bn of loan obligations. So I don’t think its share price is cheap enough to count as a bargain. In fact, it looks like a risky way to play the post-Covid recovery. It’s not for me. Image source: Getty Images See all posts by Harvey Joneslast_img read more

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Gareth Thomas on the Ellen Degeneres Show – Video

first_imgLATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS Mickey Rourke recently confirmed he is planning to play Alfie in a film about his life. ‘Alfie’ going Stateside to share his story on the Ellen showFormer Wales and Lions captain Gareth Thomas has been in Los Angeles this week, as a guest on one of America’s biggest chat shows with Ellen Degeneres. A year after coming out as an openly gay man, Alfie opens his heart to Ellen, a few weeks after appearing in the pages of Rugby World Magazine celebrating his first ‘birthday’.If you’d like to watch the 5-minute video when he explains how he played rugby with what was an open secret in the game then click below. Why not give your views on Alfie.last_img read more

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IoF appoints first independent Chair of its Standards Committee

first_img Howard Lake | 7 September 2015 | News About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. The Institute of Fundraising (IoF) has appointed Suzanne McCarthy as the first Independent Chair of its Standards Committee, the body that sets the rules for fundraising.McCarthy is the first independent lay member to join Standards Committee. She will soon be joined by three other independent lay members, in an attempt by the IoF Board “to further ensure that the voice of the public and donors sits alongside that of fundraisers and the charity sector in setting the standards for fundraising”.The decision to appoint lay members followed the debate about some fundraising methods and use of some donors’ personal data generated by sustained coverage in The Daily Mail.About Standards CommitteeThe Institute’s Standards Committee meets four times a year to oversee the development and revision of the Code of Fundraising Practice. It exists “to promote and protect the highest standards of professional practice by identifying elements of fundraising practice requiring Code of Fundraising Practice and facilitating the development and maintenance of the Code”.It is currently chaired by Tanya Steele, Director of Marketing, Fundraising & Communications at Save the Children.Committee meetings are also attended by observers representing the Office for Civil Society, Charity Commission, the Fundraising Standards Board, and the Public Fundraising Regulatory Association.Extensive public sector and governance experienceMcCarthy has held a number of senior public sector roles, including as Immigration Services Commissioner and Chief Executive of both the Human Fertilisation and Embryology Authority and the Financial Services Compensation Scheme. Before that she worked as a solicitor in private practice and was a lecturer in Law at the University of Manchester.She was previously a member of the General Medical Council, the Royal Institute of Architects, the Public Guardian Board and the Pensions Regulator’s Determination Panel.Named in Cranfield University’s Female FTSE 100 Women to Watch lists of 2014 and 2015, she is a member of the Advertising Standards Authority, and of the Boards of the University of London, the Human Tissue Authority, the Senet Group, and the Royal Institution of Chartered Surveyors’ UK and Ireland Regulatory Board. She is the Independent Appointed Person for the Greater London Authority.She is Chairman of both Depaul UK, the youth homeless charity, and of the General Chiropractic Council.On her appointment, McCarthy, said: Advertisement AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis “I am honoured to take on the responsibility of chairing Fundraising’s Standards Committee at a time when the practices and standards around fundraising are under such scrutiny.“Charities need to retain the confidence and respect of the public, especially when asking for donations and support. I see it as my role as the new independent chair of Standards Committee to continue to drive the development of fundraising standards which balances the needs of charities to raise money for their causes with the public’s desire to have a good experience when they give. I look forward to working with my fellow Committee members achieve this.”Richard Taylor, Chair of the Institute of Fundraising, said:“It is crucial that the voice of donors and the public is heard alongside that of fundraisers as the standards for charity fundraising are reviewed and strengthened.“We hope that the overall composition of Standards Committee, comprising the essential insight of fundraisers; the views of our self-regulatory partners; legal and consumer expertise; input from the public; all under Suzanne McCarthy’s leadership, will enable us to react more quickly both to changes in fundraising practice and to public opinion”.He added:“We hope that by refreshing the way we set these standards we can ensure the best balance between the duty of charities to fundraise on behalf of their beneficiaries with the need for them to maintain public trust and confidence as they do so.”center_img IoF appoints first independent Chair of its Standards Committee Tagged with: Institute of Fundraising Recruitment / people regulation  73 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThislast_img read more

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ATTICA UPRISING: Paris Commune of the Black Liberation struggle

first_imgAttica prison rebellionThe story of Attica, Sept. 9, 1971, is the story of how prisons can be incubators of revolutionaries — like George Jackson, assassinated two and a half weeks earlier at San Quentin State Prison.Attica has been described as the biggest deployment of state violence since the crushing of the Native uprising at Wounded Knee — 81 years before.The significance of the Attica uprising as a prison rebellion transcends prison. Attica was a high-water mark in the Black Liberation Movement of the 1960s and 1970s. It was almost the Black Liberation Movement’s Paris Commune, of 100 years before, in France in 1871.Attica was spontaneous, but to the extent that it was led, it was organized by revolutionaries — highly political individuals who considered themselves Marxists, Maoists, Black liberationists. They organized committees for food, for negotiations. They put together 28 demands in a few hours!Their demands addressed every aspect of survival in prison: health, food, an end to solitary confinement, legal rights, the right to family visitation, the right to get political material in the mail. Particularly noteworthy, in relation to yesterday’s national prison strike, is that almost one-third of their demands addressed prisoner labor rights.This is from their statement: “We demand an end to prison labor exploitation. … Prisoners who refuse to work are punished and segregated. This is a class issue.”Their demands included: Prisoners should be considered workers. The work day should be eight hours. Prisoners should have the right to form a union. Prisons should be made to conform to New York state labor laws, including wages and workers’ compensation for accidents. Prisoners should have access to vocational training, union pay scales, union membership.Workers World Party played an important role at Attica. The Party had a tremendous reputation with prisoners, through both Youth Against War and Fascism and the Prisoners’ Solidarity Committee, and was known in all state prisons. We did work, ranging from solidarity with political prisoners and legal help, to providing buses to take prisoners’ families for visits to upstate prisons. We were also known for our political program: “Prisons are concentration camps for the poor! Tear them down!” Our reputation was such that the Attica negotiating committee asked that a leading comrade, Tom Soto, be an observer during negotiations with the state.Ultimately the repression came. Nelson Rockefeller, the oil billionaire then the governor, gave the orders to crush the uprising. He had a reputation as an Eastern liberal, but he was actually a ruling-class monster with presidential aspirations, so he ordered in more than 1,000 troops, guards and state troopers from four to five states around, to shoot indiscriminately. The state killed more than 30 prisoners and 10 hostages. The bourgeois propaganda was that the prisoners had killed the hostages, with the media giving all sorts of lying details. But it later came out that all who died, died of bullet wounds — and the prisoners had no guns. Surviving prisoners were tortured, without their wounds being treated.The ruling class made their point: “There is a price to pay” if there is ­rebellion.But the uprising opened up the question of prisoners’ rights and liberation. From then on, the cutoff, isolated prisoners became a much bigger issue in our movement, as well as the issue of prisoners as workers.This brings us to yesterday’s strike, on Sept. 9. The prison population was perhaps under 500,000 in 1971. Now it is six to seven times that, and there is the prison-industrial complex. More than 1 million of those prisoners work within the prisons. They do construction and clearing land, they do clothing manufacture, or they work for McDonalds, ATT or Walmart. Many, many corporations are using prison labor.The prisoners are a detachment of the working class, working under prison slave-like conditions for pennies a day. For yesterday’s strike, unionization and minimum wages were among the many demands, as well as abolition of prisons.It is noteworthy that foremost among the forces helping the prisoners are anarchists, members of the International Workers of the World, who are also working with low-wage workers. As revolutionary Marxists we have many differences with anarchists, but we should give credit where credit is due.The I.W.W. writings on why they are motivated should be read by unionists. These make clear that while they are supporting prisoners to have workers’ rights, their ultimate objective is to abolish prison slave labor. This is a good reminder to labor unionists that our ultimate objective should be to end slave labor.This is a reminder to the labor movement of the necessity to adopt revolutionary methods in the labor struggle. Revolutionaries aid in the organization of the working class so that workers can better their conditions.However, revolutionaries never forget that our ultimate goal is not merely improving the conditions under which workers’ labor is exploited, but rather the abolition of exploitation, the abolition of all wage slavery and capitalism.The strike raises larger issues. For instance, in 1977 the U.S. Supreme Court ruled in a case brought by a North Carolina prisoners’ union, that the prisoners do not have rights as workers.But when has the claim of “no rights” ever stopped us from organizing workers?Fighting for legal rights is part of organizing! We fight for workers organizing in the right-to-work states in the South, for undocumented workers who don’t have bourgeois rights as workers.One problem for some unions is that they have cops and prison guards in these unions. That makes it harder for the union to take anti-racist and solidarity positions. They should get rid of the prison guards and organize the prisoners!The working class is changing. Now a big section is temporary and unorganized. The Black Lives Matter movement is part of the working class in motion, and is demanding a stop to killing Black and Brown workers and demanding jobs and employment.Our Party has to take the lead in acknowledging who is at the forefront of working-class organizing. If you have a Marxist view of the working class, our class is far from disappearing — it is expanding! End prison slave labor!FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

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Free movie night popular for families, businesses

first_imgFort Worth braces for more severe weather ReddIt Facebook Previous articleMovie night in Sundance Square leads with 101 DalmatiansNext articleOrnette Coleman, saxophone innovator, remembered as jazz legend The 109 RELATED ARTICLESMORE FROM AUTHOR printLarge crowds gathered in Sundance Square on Wednesday, June 10 for the first night of this summer’s free movie series.Viewers brought lawn chairs, blankets and pets to enjoy a night of family-friendly fun.“It’s our first time coming to this, we’re really excited,” said Felicia Ramirez, who was there with her two children, ages 6 and 4.Though some in the crowd were first-timers, the free movie nights are nothing new.Tracy Gilmour, Sundance Square director of marketing, said the event started six years ago.  It used to be held in a big parking lot.“It’s gotten much better now that we have this beautiful space,” Gilmour said.Lines of people stretched out the doors of businesses all around the square, something that is part of the intent behind the movies, Gilmour said.“That’s why we’re doing this,” she said. “It really helps generate sales for downtown and encourages people to come enjoy their downtown area.”The movie night featured activities prior to the main attraction to keep kids entertained. Jay Jenson, a former Radio Disney personality, was there to lead the games.Children jumped, screamed, answered trivia questions and, of course, had a dance-off.Gilmour said there are ten more weeks ahead for the free movie nights, and they expect a great turnout.“We usually get between 3 to 5,000 people every week, depending on the movie,” she said.To view a list of upcoming movies, visit the Sundance Square website. The site also has a list of nearby restaurants and vendors.Movies are scheduled to begin around 8:30 p.m., or around dusk.“One thing is for sure,” Jenson said, “you can’t beat free.” ReddIt Stories from the polls: Election Day in The109! The 109https://www.tcu360.com/author/the-109/ TCU athletes are “SPARK-ing” an interest in Fort Worth area students Linkedin Facebook Linkedin The 109https://www.tcu360.com/author/the-109/ The 109 TCU athletes are “SPARK-ing” an interest in Fort Worth area students Twitter Abortion access threatened as restrictive bills make their way through Texas Legislature The 109https://www.tcu360.com/author/the-109/ + posts The 109https://www.tcu360.com/author/the-109/ Grains to grocery: One bread maker brings together farmers and artisans at locally-sourced store Twitter Fort Worth set to elect first new mayor in 10 years Saturdaylast_img read more

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San Marino and South Pasadena High Schools Named California Distinguished Schools by the State Superintendent of Public Instruction

first_img 0 commentsShareShareTweetSharePin it Education San Marino and South Pasadena High Schools Named California Distinguished Schools by the State Superintendent of Public Instruction From STAFF REPORTS Published on Thursday, April 11, 2013 | 8:19 pm San Marino and South Pasadena high schools today were named by State Superintendent of Public Instruction Tom Torlakson as a California Distinguished School for their strong commitment and innovative approaches to improving student academic achievement.In all, 218 public middle and high schools were designated as California Distinguished Schools, according to a news statement. Thirty-nine of the schools were in Los Angeles County.“These schools have gone the extra mile to provide high-quality instruction that puts their students on the right path toward career and college,” Torlakson said.“Given the enormous challenges schools have faced in recent years, it is inspiring to see this kind of success in so many schools,” he said. “Our future depends on meeting the needs of every student no matter where they come from or where they live.”Schools selected as California Distinguished Schools will be honored in May during regional award ceremonies where Torlakson will present each school with a 2013 Distinguished School plaque and flag.The 2013 California Distinguished Schools Program directly focuses on the right of California’s students to an equitable and rigorous education, and recognizes those schools that have made progress in narrowing the academic achievement gap.To apply for Distinguished School honors, schools must meet a variety of eligibility criteria, including accountability measures. Once schools are deemed eligible, the California Department of Education (CDE) invites them to apply to be recognized as a California Distinguished School.The application process consists of a written application, which includes a comprehensive description of two of the school’s signature practices, and a county-led site validation review process, which validates the implementation of those signature practices. Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena Business News More Cool Stuff Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Name (required)  Mail (required) (not be published)  Website  Community News Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Make a commentcenter_img Subscribe Herbeauty10 Special Beauty Tips That Make Indian Women So BeautifulHerbeautyHerbeautyHerbeauty9 Things You’ve Always Wanted To Know About RihannaHerbeautyHerbeautyHerbeautyA 74 Year Old Fitness Enthusiast Defies All Concept Of AgeHerbeautyHerbeautyHerbeauty15 Countries Where Men Have Difficulties Finding A WifeHerbeautyHerbeautyHerbeautyFinding The Right Type Of Workout For You According AstrologyHerbeautyHerbeautyHerbeauty5 Things To Avoid If You Want To Have Whiter TeethHerbeautyHerbeauty EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Your email address will not be published. Required fields are marked * Top of the News faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,PCC – EducationVirtual Schools PasadenaDarrell Done EducationHomes Solve Community/Gov/Pub SafetyPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Community News First Heatwave Expected Next Week 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.last_img read more

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Mc Hugh says increased CFP allocation will benefit Donegal

first_img Google+ Mc Hugh says increased CFP allocation will benefit Donegal LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton RELATED ARTICLESMORE FROM AUTHOR By News Highland – June 12, 2014 Twitter Minister McConalogue says he is working to improve fishing quota Calls for maternity restrictions to be lifted at LUH Pinterest News Twitter Facebookcenter_img Pinterest Google+ Facebook Previous articleDumb And Dumber To Official TrailerNext article18-year-old shot five times in Derry News Highland WhatsApp Guidelines for reopening of hospitality sector published WhatsApp Need for issues with Mica redress scheme to be addressed raised in Seanad also Joe McHughIreland is to receive €148 million from the EU under the Common Fisheries Policy over the next six years, with Donegal Deputy Joe Mc Hugh saying it represents a significant increase on previous allocations.He says it’s extremely positive news for the fisheries sector, which has struggled in recent years.Deputy Mc Hugh says it’s very important that the benefits of the allocation are felt on the islands and remote Donegal communities which have suffered as a result of the ban on drift net fishing and other EU regulations…………Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2014/06/jmchucfp.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Almost 10,000 appointments cancelled in Saolta Hospital Group this week last_img read more

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Stringent Provisions Of NDPS Act Does Not Dispense With The Requirement To Establish A Prima Facie Case Beyond Reasonable Doubt: SC [Read Judgment]

first_imgTop StoriesStringent Provisions Of NDPS Act Does Not Dispense With The Requirement To Establish A Prima Facie Case Beyond Reasonable Doubt: SC [Read Judgment] LIVELAW NEWS NETWORK5 Aug 2020 8:12 AMShare This – x”The presumptive provision with reverse burden of proof, does not sanction conviction on basis of preponderance of probability. “The stringent provisions of the Narcotics Drugs and Psychotropic Substances Act, Act do not dispense with the requirements of prosecution to establish a prima facie case beyond reasonable doubt, the Supreme Court has observed today while acquitting an accused. Gangadhar was convicted by the Special Court under Section 8C read with Section 20(b)(ii)(c) of the NDPS Act for recovery of 48 Kgs…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe stringent provisions of the Narcotics Drugs and Psychotropic Substances Act, Act do not dispense with the requirements of prosecution to establish a prima facie case beyond reasonable doubt, the Supreme Court has observed today while acquitting an accused. Gangadhar was convicted by the Special Court under Section 8C read with Section 20(b)(ii)(c) of the NDPS Act for recovery of 48 Kgs 200 gms. cannabis (ganja). He was sentenced to 10 years of rigorous imprisonment with a default stipulation. The appeal filed by him was dismissed by the Madhya Pradesh High Court. While considering his appeal, the bench comprising of Justices RF Nariman and Navin Sinha noted that the presumption against the accused of culpability under Section 35, and under Section 54 of the Act to explain possession satisfactorily, are rebuttable. It said: ” It does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt. The presumptive provision with reverse burden of proof, does not sanction conviction on basis of preponderance of probability. Section 35(2) provides that a fact can be said to have been proved if it is established beyond reasonable doubt and not on preponderance of probability. That the right of the accused to a fair trial could not be whittled down under the Act was considered in Noor Aga vs. State of Punjab, (2008) 16 SCC 417 ” Referring to the observations made in Noor Aga , the bench further observed: The stringent provisions of the NDPS Act, such as Section 37, the minimum sentence of 10 years, absence of any provision for remission do not dispense with the requirements of prosecution to establish a prima facie case beyond reasonable doubt after investigation, only where after which the burden of proof shall shift to the accused. The gravity of the sentence and the stringency of the provisions will therefore call for a heightened scrutiny of the evidence for establishment of foundational facts by the prosecution. The Court noted that the accused was held to be the owner of the House in question from which the ganja was recovered, relying upon the voters list of 2008 rejecting his defence that he had sold the house to co accused (who was acquitted by the Trial Court). Taking note of the evidence on record, the bench observed: The police investigation was very extremely casual, perfunctory and shoddy in nature. The appellant has been denied the right to a fair investigation, which is but a facet of a fair trial guaranteed to every accused under Article 21 of the Constitution. The consideration of evidence by the Trial Court, affirmed by the High Court, borders on perversity to arrive at conclusions for which there was no evidence. Gross misappreciation of evidence by two courts, let alone poor investigation by the police, has resulted in the appellant having to suffer incarceration for an offence he had never committed.  Case detailsCase name: GANGADHAR alias GANGARAM vs. STATE OF MADHYA PRADESHCase no.: CRIMINAL APPEAL NO. 504 OF 2020 Coram: Justices RF Nariman and Navin Sinha Counsel: Adv Puneet Jain and AAG Swarupama Chaturvedi Click here to Read/Download JudgmentRead JudgmentNext Storylast_img read more

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