Associate Rector Columbus, GA Posted Jan 15, 2013 In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Rector Pittsburgh, PA Rector/Priest in Charge (PT) Lisbon, ME RIP: James Elliott Purdy Episcopal priest served Army and Niagara Fire Department as chaplain Priest Associate or Director of Adult Ministries Greenville, SC Assistant/Associate Rector Morristown, NJ Cathedral Dean Boise, ID An Evening with Aliya Cycon Playing the Oud Lancaster, PA (and streaming online) July 3 @ 7 p.m. ET The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Rector Collierville, TN 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 Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Rector and Chaplain Eugene, OR AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis People Director of Music Morristown, NJ An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Canon for Family Ministry Jackson, MS Rector Knoxville, TN Tags Virtual Episcopal Latino Ministry Competency Course Online Course Aug. 9-13 Family Ministry Coordinator Baton Rouge, LA Bishop Diocesan Springfield, IL 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 The Reverend Canon James Elliott Purdy was born on September 24, 1913, in Bath, New York, and died on January 6, 2013, at The Evergreens in Moorestown, New Jersey.Preceded in death by his wife of 67 years, Eloise Hughes Purdy in 2009; his brother, Edward; his sister, Frances Irene Harris Purdy; and his parents, the Reverend Charles Edwin Purdy, M.D., and Mary Frances Ann Ginn, Canon Purdy is survived by his son, the Reverend James Hughes Purdy (Emma Sarosdy Purdy); grand daughters Emma Purdy Coyle (John) and Katherine Purdy Spung (Michael); one great-grand daughter; and his brother, Samuel Edwin Purdy.Canon Purdy was graduated from Bishop’s University, Lennoxville, Quebec, (1936, 1937) and the General Theological Seminary, New York City (1938). He was ordained to the diaconate and priesthood in The Episcopal Church in 1938 and served as the rector of congregations in Scranton, Pennsylvania, and Trenton, Camden, Bordentown, and Merchantville, New Jersey.Through five decades, Canon Purdy was a member and chair of many committees in The Episcopal Diocese of New Jersey including the Standing Committee, the Diocesan Foundation, the Commission on Ministry, the Board of Examining Chaplains, and the Departments of Christian Social Relations and Religious Education.He served as Chaplain, United States Army at Fort Dix and at McGuire Air Force Base; Dean of the Boys’ Summer Conference; Dean of the Burlington and Camden Convocations; President of Clericus; Deputy to Provincial Synod; President of the Ecumenical Religious Leaders Conference of New Jersey; Chaplain of the Niagara Fire Department in Merchantville; member and President of the Rotary Clubs in Bordentown and Pennsauken and the Lions’ Club in Trenton; and as the longest-serving Chaplain of the Niagara Fire Company in Merchantville.He was seated as an honorary Canon of Trinity Cathedral, Trenton, in 1958 and received the Diocesan Medal of Honor in 1962. Prior to, and at the time of, his death, Canon Purdy was senior priest in the Diocese.Services: The Burial Office and Holy Eucharist were celebrated in The Episcopal Chapel at The Evergreens, 309 Bridgeboro Road, Moorestown, on Wednesday, January 9, at eleven o’clock in the morning. Private interment at Greenwood Cemetery, Trenton. Associate Priest for Pastoral Care New York, NY Submit an Event Listing This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Submit a Job Listing Obituary, Priest-in-Charge Lebanon, OH New Berrigan Book With Episcopal Roots Cascade Books Featured Jobs & Calls Rector Smithfield, NC Curate (Associate & Priest-in-Charge) Traverse City, MI Assistant/Associate Priest Scottsdale, AZ Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Episcopal Church releases new prayer book translations into Spanish and French, solicits feedback Episcopal Church Office of Public Affairs Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Curate Diocese of Nebraska Submit a Press Release Rector Hopkinsville, KY Rector Bath, NC Rector Shreveport, LA Youth Minister Lorton, VA Associate Rector for Family Ministries Anchorage, AK Rector Albany, NY Rector (FT or PT) Indian River, MI Director of Administration & Finance Atlanta, GA Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Press Release Service Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Course Director Jerusalem, Israel Assistant/Associate Rector Washington, DC Rector Tampa, FL Featured Events Missioner for Disaster Resilience Sacramento, CA 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 Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Rector Martinsville, VA Rector Washington, DC
2014 “COPY” San Damián Housing Estate / Chauriye Stäger Arquitectos “COPY” CopyAbout this officeChauriye Stäger ArquitectosOfficeFollowProductsWoodSteelConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousingSantiagoHousingResidentialChilePublished on September 25, 2014Cite: “San Damián Housing Estate / Chauriye Stäger Arquitectos” 25 Sep 2014. ArchDaily. Accessed 11 Jun 2021.
“COPY” Photographs MM House / OHLABSave this projectSaveMM House / OHLAB Spain Projects Save this picture!© José Hevia+ 19 Share Manufacturers: Huguet, Acor, Carpintería Palmer, Escenium HAUS, Paffoni, TekaQuantity Surveyor:Jorge RamónStructure:Jesús AlonsoEnergy Efficiency Advisor:Anne VogtProject Management:Paloma Hernaiz, Jaime Oliver, Jorge RamónSite Area:1620m2Usable Area:130m2Architect In Charge:OHLABTeam:Paloma Hernaiz, Jaime Oliver, Rebeca Lavín, Walter Brandt, Sergio Rivero de CáceresCity:PalmaCountry:SpainMore SpecsLess SpecsSave this picture!© José HeviaRecommended ProductsPorcelain StonewareApariciPorcelain Tiles – BuildDoorsC.R. LaurenceCRL-U.S. Aluminum Entice Series Entrance SystemDoorsECLISSESliding Pocket Door – ECLISSE LuceDoorsStudcoAccess Panels – AccessDorText description provided by the architects. This house looks for the maximum energy efficiency adapting itself to the program, the solar orientation, the views and the slope of the terrain.Save this picture!© José HeviaThe project optimizes the program grouping it in four boxes –kitchen, living-dinning, main bedroom and guest bedrooms- which can be used together or independently. Each box is placed carefully on the ground and rotates on its axis with precision to find the best views and orientation for their use. The bedrooms face the East, the garden and the Bellver Castle; the living and dinning room face South-east, the sea and the garden; the kitchen faces South and the vegetable garden; and in the attic over the living room, the terrace looks towards the view of the sea and its big window over the living room faces South allowing the winter sun to warm the main space of the house while the eaves of the roof protects from the summer sun.Save this picture!PlansEach box has large openings towards the best orientations and sights, and smaller openings on the opposite façade allowing cross ventilation and taking advantage of the East-West breezes of the place. The South openings are recessed to let the sun enter in winter and block it in summer, while the East and West openings have exterior shutters.Save this picture!© José HeviaThe house has been designed according to PASSIVHAUS standards to achieve the maximum energy efficiency.A rigorous infographic and thermal study has been made to ensure an optimal heat input, maximizing it in winter and minimizing it in summer.Save this picture!© José HeviaThe façade has an exterior insulation system that increases the insulation thickness up to 15cm and strictly guarding all joints to completely avoid any thermal bridge. The infiltrations through the façade have been reduced to the minimum, and the hermeticism of the enclosure has been maximized to overcome pressurization tests in every space. The heat exchanger ensures air renovation wasting no energy and it is optimized to use the heat generated with showers’ steam and cooking to transform it into heating.Save this picture!© José HeviaThanks to this design cooling is not necessary, which is typically an issue in the hot days of Mallorca’s summer, and the heating demand is only 11kWh/m2a (a typical house of this characteristics in Mallorca would have a heating demand of 85 to 100 kWh/m2a) which is solved with a small perimeter underfloor heating circuit. The energy to heat the hot water is obtained almost entirely from the solar thermal installation.Save this picture!SchemeThe pitched roofs have a system for collecting rainwater, three of them get water for irrigation and general use while the fourth roof is “the clean one” and collects water for consumption. For this purpose two separate tanks, one of 40 m3 and another 8 m3, are arranged taking advantage of the gaps created between the housing and the slope of the terrain. With this measures the house is completely autonomous in terms of water. The garden includes a vegetable patch, low maintenance native vegetation and deciduous trees along the south of the house to protect from the summer sun.Save this picture!© José HeviaThe project has been made with a low construction budget and a very low cost of energy maintenance. It is a home that promotes environmental and sustainability values, reporting savings and comfort without incurring additional economic effort.Save this picture!© José HeviaThe house was finished last September and monitoring its performance has been key to value the results beyond the happiness and satisfaction of the clients. As of April the clients have not turn on the heat at all reporting an interior temperature (measured daily –day and night) for the winter between 21ºC to 24ºC, with exterior temperatures between 5º to 15º.First winter living in the house and it had ZERO heating consumption (100% passive) and ZERO water expense (100% rainwater).Save this picture!© José HeviaProject gallerySee allShow lessOffice KGDVS Create “Silver Lining” Scenography for Kortrijk’s 25th Biennale InterieurArchitecture NewsSzéll Kálmán Square / Építész Stúdió + Lépték-TervSelected Projects Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/797598/mm-house-ohlab Clipboard Area: 196 m² Year Completion year of this architecture project CopyHouses•Palma, Spain Year: “COPY” Architects: OHLAB Area Area of this architecture project 2015 MM House / OHLAB Photographs: José Hevia Manufacturers Brands with products used in this architecture project ArchDaily ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/797598/mm-house-ohlab Clipboard Houses CopyAbout this officeOHLABOfficeFollowProductConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesPalmaSpainPublished on October 19, 2016Cite: “MM House / OHLAB” 19 Oct 2016. ArchDaily. Accessed 11 Jun 2021.
ArchDaily Houses Photographs 2018 Photographs: Itay Benit Manufacturers Brands with products used in this architecture project Architects: Architect Oshir Asaban Area Area of this architecture project Photographs Projects Houses, Interior Design•Savyon, Israel Save this picture!© Itay Benit+ 35Curated by Martita Vial Share Year: “COPY” Manufacturers: B&B Italia, Baxter, Cassina, Dedar, Flos, Moroso “COPY” ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/902541/ey-house-architect-oshir-asaban Clipboard Area: 700 m² Year Completion year of this architecture project 2018 Lead Architects: Manufacturers: B&B Italia, Baxter, Cassina, Dedar, Flos, MorosoText description provided by the architects. In a private house in the prestigious town of Savyon, Israel, parents and their two children live. “The customers are very family-oriented people who like to entertain and celebrate, they asked for a home that feels like a summer resort,” says Asaban. The impressive villa is located in the center of a 1,400 square meter lot and its interior is designed to seamlessly merge with the outside garden surroundings the house.Save this picture!© Itay BenitRecommended ProductsPorcelain StonewareCeramiche KeopeCeramic Tiles – BackWoodParklex International S.L.Wood cladding – FacadePorcelain StonewareGrespaniaPorcelain Tiles- CoverlamWoodEGGERLaminatesAt the ground floor located are the living room, the kitchen and a dining area, family room and a work space. “The planning challenge at the public area was the division of space and the distinction between the functions, and at the same time the desire to maintain a connection between them and the outside garden,” recalls Asaban. “From the challenge came the idea of a home office divided by 6 iron pivot doors, a central element in the house that also divides the space and defines the functions and simultaneously enables the connection. “The six iron doors, each 3 meters high, are closed for privacy and concentration and define the work space. The inner division of each door consists of empty space through which air enters, and space with striped glass that bring natural light into the office. When the pivot doors are open, the home office becomes an integral part of the living room and the dining area. You can work and be part of the hospitality area.Save this picture!PlanOn the back of the home office there is a 10 meters length bookcase which continues into the family room. The kitchen is composed of non-standard kitchen materials. “I wanted the kitchen not to be different or detached from the language of the public area, and to feel more like a hospitality space.” “In the dining area I designed a cabinet with a Statuario surface, ribbed glass and black oak wood, which makes it look more like a piece of furniture than a kitchen.”Save this picture!© Itay BenitThe entire living room is surrounded by an outdoor balcony, floating above the pool area and its terrace. “The green blacony overlooks the pool and opens a panoramic view inspired by a resort vibe,” says Oshir. Three canopy beds, a wealth of textiles, a bar and an outdoor kitchen, a living room and a Jacuzzi all assures exceptional hospitality for the residents and their guests.Save this picture!© Itay BenitThe spacious central second floor master bedroom overlooks the pool and the courtyard, designed in natural tones. Also in this room is the black cabinet with the marble surface and brass handles designed by Asaban, adhering to the look and feel of the entrance floor and continuing with a palette of shades that matches the house, calm and powerful. The entrance to the bathroom is through a 7-meter walk-in closet. Next to the large sink cabinet is a bronze reflective glass wall. The glass divides the toilet and the shower.Save this picture!© Itay BenitThe color scheme of the house is mostly monochromatic. The colors come mostly from the outside, from the green vegetation, from external styling elements and from an art collection acquired by the owner over the years – carpets, accessories and precious art objects. Many of them are etched with a personal dedication. They add character and tell the family story. “I especially like a floor lamp in the dining area”. Most of the furniture and mirrors were designed by Asaban, including a bright blue cabinet that gives a color boost in the entrance foyer of the house.Save this picture!© Itay BenitProject gallerySee allShow lessFaculty of Physical Culture University Olomouc Campus / Atelier-rSelected ProjectsPivna Duma / 2B.groupSelected Projects Share CopyHouses, Interior Design•Savyon, Israel Architects: Architect Oshir Asaban Area Area of this architecture project Photographs: Itay Benit Manufacturers Brands with products used in this architecture project Israel Year: Oshir Asaban E.Y House / Architect Oshir AsabanSave this projectSaveE.Y House / Architect Oshir Asaban ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/902541/ey-house-architect-oshir-asaban Clipboard E.Y House / Architect Oshir Asaban Area: 700 m² Year Completion year of this architecture project CopyAbout this officeArchitect Oshir AsabanOfficeFollowProductsWoodSteel#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesInterior DesignSavyonIsraelPublished on September 29, 2018Cite: “E.Y House / Architect Oshir Asaban” 29 Sep 2018. ArchDaily. Accessed 11 Jun 2021.
A leading recruitment and consultancy agency for the non-profit sector is setting up a new IT Recruitment and Consultancy Division next month.Charity Recruitment‘s new division will be headed up from 1st December by Martin Shaw. Advertisement Howard Lake | 22 November 1999 | News 26 total views, 1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Tagged with: Consulting & Agencies Recruitment / people New IT recruitment and consultancy for charities 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. AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis
The following is a press release from the Committee to Stop FBI Repression, located in Minneapolis.Rasmea OdehIn a bizarre and desperate move, prosecutors in the case of Palestinian American leader Rasmea Odeh filed a motion in Federal Court Oct. 3, which characterized the efforts of an important leader of the Rasmea Odeh defense campaign, Hatem Abudayyeh, as “jury tampering” and “almost certainly criminal.” The prosecution then asks Judge Gershwin Drain for an “Anonymous Jury,” which means that the names of the jurors are kept secret from the defense attorneys, and that an array of security measures are put in place during the trial that make it seem like 67-year-old Rasmea Odeh is a dangerous person.There is no evidence at all for the baseless accusations against the movement in support of Rasmea. The prosecutor’s motion is a clumsy attempt at intimidation and should be condemned by everyone who is concerned about civil liberties.Here are the facts: Rasmea Odeh is a beloved leader of the Palestinian community in Chicago who is facing trumped up immigration charges. Imprisoned by the Israelis in the late 1960s, due to her work to free Palestine, Rasmea Odeh was tortured and sexually abused. She is well-known and respected across the world. The federal government is threatening her with jail and deportation. As a result, a powerful and effective movement organized protests around the country, demanding “Justice for Rasmea.”Now the prosecutors are waging an attack on everyone involved in this movement to support and defend Rasmea Odeh.They talk about “jury tampering.” Until there is a trial, there is no jury, so how could a jury possibly be tampered with? In any event, at no time have we ever tried to improperly influence a jury. Not once. What we are doing is organizing protests, having people sign petitions and holding educational events. We are encouraging people to attend Rasmea’s court appearances. We are shining a light on the unjust prosecution of Rasmea. We want the government to drop the charges.In the prosecutor’s motion we are told, “Hatem Abudayyeh has orchestrated a concerted effort to influence the criminal proceedings against defendant, which has resulted, at each proceeding, in a large group outside the Courthouse protesting and parading, carrying signs demanding dismissal of charges and ‘Justice for Rasmea’ and displaying the Palestinian flag.”Imagine that. Palestinians, Arabs and progressive people responded to an injustice by holding a protest and engaging in activity that is protected by the First Amendment. In the world that the Detroit U.S. Attorney wants, speaking out as we have is, “almost certainly criminal.” On the contrary — it is criminal for the prosecutors to attempt to restrict our constitutional rights.It is worth noting that there is a distinctly racist, anti-Arab undertone to the prosecutor’s motion, where spirited and dignified protests, with a majority of Palestinian-American participants, are described as “hordes” and “mobs.” Again, the federal government is trying to sow fear among people in the U.S. by criminalizing and stereotyping Palestinians, Arabs and Muslims. As one of Rasmea Odeh’s lawyers said when he was informed of the motion, it “is only intended to play the ‘terrorism’ card and is unacceptable.”The prosecutors also have a problem with people who want to petition the government for a redress of grievances, so they complain in their motion that those who want the charges against Rasmea dropped “have previously attempted to flood Department of Justice telephone lines in an attempt to influence these proceedings.”We will continue to hold call-in days and we will organize even more people to participate in them.We take the threats of the prosecution seriously. We urge all of our supporters to keep their eyes on Detroit and to be ready to respond to any attacks on leaders of the Rasmea defense campaign.We see these threats as a sign that our campaign to defend Rasmea Odeh is working. We were successful in getting Zionist Judge Borman off the case. There are now thousands of people across the country engaged in organizing for Rasmea. We will not allow the government to intimidate us. This attack will bring more supporters and strengthen our work further. We will redouble our efforts to make sure the charges against Rasmea Odeh are dropped!FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
This week’s issue is a 16-page PDF.Justice for Rayshard Brooks!Stonewall means unite and fight back!TEAR DOWN THE WALLS:Gov’t, Klan & the state;New hearing for Rodney Reed;Free Jalil, Mutulu!CeCe McDonald & right to self-defense;WORKERS STRUGGLES;COVID_19 CRISIS:the Bronx;domestic violence;ANTI_RACIST REBELLIONS:YOUTH are an emerging force;‘World on fire’ by Mumia;Cops off campus protests;Ona MOVE in Philly;In Texas streets;Eyewitness: Seattle’s CHAZ;Why cops can’t be reformed;Labor vs. police;Remove ALL Confederate symbols!;EDITORIAL Juneteenth & the uprising;1921 Tulsa massacre;Revolutionary organizing;WORLD: Download 16-page PDF here.More PDF back-issues here.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this Wang Dingguo ¡presente!Free Ana Belén Montes!French protests
Top StoriesTime Of Publication Of E-Gazette Is Significant For Determining The Enforceability Of Notifications: SC [Read Judgment] Ashok Kini23 Sep 2020 6:18 AMShare This – xThe Supreme Court has observed that the precise time when the gazette is published in the electronic mode is significant for determining the enforceability of the notifications.The bench comprising Justices DY Chandrachud, KM Joseph and Indu Malhotra observed thus while upholding a Punjab and Haryana High Court judgment which had allowed the writ petitions filed by various importers.Following…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 Supreme Court has observed that the precise time when the gazette is published in the electronic mode is significant for determining the enforceability of the notifications.The bench comprising Justices DY Chandrachud, KM Joseph and Indu Malhotra observed thus while upholding a Punjab and Haryana High Court judgment which had allowed the writ petitions filed by various importers.Following the terror attack at Pulwama on 14th February 2019, the Government of India published a Notification on 16.02.2019 in exercise of powers under Section 8A(1) of the Customs Tariff Act, 1975. The notification introduced a tariff entry by which all goods originating in or exported from the Islamic Republic of Pakistan were subjected to an enhanced customs duty of 200%. The precise time at which the notification was uploaded on the e-Gazette was 20:46:58 hours.Allowing a batch of writ petitions, the High Court of Punjab and Haryana held that since the importers, who had imported goods from Pakistan, had presented their bills of entry and completed the process of “self assessment” before the notification enhancing the rate of duty to 200 per cent was issued and uploaded, the enhanced rate of duty was not attracted.In appeal before the Apex Court, the Centre contended that irrespective of the point of time when a notification has been uploaded or published in the e-Gazette, the rate of duty leviable on imported goods cleared for home consumption is, by a legal fiction, the rate prevalent on the date of the presentation of the bill of entry. Responding to this contention, the importers contended that the importers fulfilled the twin requirements of the goods having entered on 16 February 2019 and the bill of entry having been filed before 20:46 hours when notification 5/2019 was issued.One of the issues considered by the bench was whether r the notification that was issued by the Central government under Section 8A(1) at 20:46:58 hours on 16 February 2019 took effect commencing from 0000 hours on that day? Referring to various judgments, General Clauses Act and Information Technology Act, Justice DY Chandrachud, on behalf of himself and Justice Malhotra, observed:”With the change in the manner of publishing gazette notifications from analog to digital, the precise time when the gazette is published in the electronic mode assumes significance. Notification 5/2019, which is akin to the exercise of delegated legislative power, under the emergency power to notify and revise tariff duty under Section 8A of the Customs Tariff Act, 1975, cannot operate retrospectively, unless authorized by statute. In the era of the electronic publication of gazette notifications and electronic filing of bills of entry, the revised rate of import duty under the Notification 5/2019 applies to bills of entry presented for home consumption after the notification was uploaded in the e-Gazette at 20:46:58 hours on 16 February 2019.”The Centre’s contention was that Under Section 5(3) of the General Clauses Act, a Central Act or Regulation, unless the contrary is expressed, comes into force immediately on the expiration of the day preceding its commencement. It was further contended that ‘Commencement’ can only be from a day which takes within its fold the entire period of 24 hours from midnight of the day before the issuance of the notification.Rejecting this contention, the bench held that that a piece of delegated legislation has been issued in exercise of a legislatively conferred power does not bring the delegated legislation within the ambit of the phrase “Central Act” as defined in Section 3(7) of the General Clauses Act.”Notification issued by the Central government under sub-section (1) of Section 8A does not fulfill the description of a Regulation under Section 3(50) of the General Clauses Act. The expression is confined to specific species of Regulations. The definition does not extend to all subordinate legislation or to notifications issued by a delegate of the legislature acting in pursuance of a statutory authority.””Notification 05/2019 was issued by the Central Government under the delegated authority to increase emergency tariff duties under Section 8A of the Customs Tariff Act, 1975. The notification has been issued in pursuance of a statutory power. The notification has the effect of enhancing the rate of duty prescribed in the First Schedule to the Customs Tariff Act. That does not, transform the notification which has been issued in pursuance of a statutory authority into a ‘Central Act’.”Justice KM Joseph wrote a separate but concurring opinion in which he said that the interpretation based on time of publication is in harmony with a view that accords respect for vested rights. He observed:”In the context of the Customs Act, and having regard to the Scheme, which, in the case of import duty, consists of filing of Bill of Entry for home consumption, self-assessment and payment of duty on the basis of the same and the rate being clearly fixed with reference to the particular point of time when the Bill of Entry is presented and there is a deemed presentation and even a deemed assessment, which is otherwise in order, and bearing in mind the principle that Section 8A does not provide power for increase of rate of duty with retrospective effect, the Notification must be treated as having coming into force not before its publication which is at 20:46:58 hrs. on 16.02.2019. This would necessarily mean that the Notification cannot be used to alter the rate of duty on the basis of which, in fact, there was presentation of Bill of Entry several hours ago, the self-assessment was done and what is more, the self-assessment was completed under Regulation 4(2) of the 2018 Regulations”While affirming the High Court judgment, the court said:”The rate of duty which was applicable was crystallized at the time and on the date of the presentation of the bills of entry in terms of the provisions of Section 15 read with Regulation 4(2) of the Regulations of 2018. The power of reassessment under Section 17(4) could not have been exercised since this is not a case where there was an incorrect self-assessment of duty. The duty was correctly assessed at the time of self-assessment in terms of the duty which was in force on that date and at the time. The subsequent publication of the notification bearing 5/2019 did not furnish a valid basis for re-assessment.”Case name: Union of India vs. M/S G S Chatha Rice Mills Case no.: Civil Appeal No 3249 of 2020Coram: Justices DY Chandrachud, KM Joseph and Indu Malhotra Counsel: ASG K.M. Nataraj and Senior Advocates PS NarasimhaClick here to Read/Download JudgmentRead Judgment Next Story
Top Stories’Right To Reject’: Supreme Court Issues Notice On Plea For Declaring Elections Invalid If Maximum Voters Opt For NOTA Srishti Ojha14 March 2021 11:21 PMShare This – xThe Supreme Court on Monday issued notice on a PIL to direct the ECI to use its plenary power under Article 324 to nullify the election result and hold fresh elections, if maximum votes have been polled in favour of NOTA in a particular constituency, and restrict the candidates who have participated in the invalidated election from contesting the fresh election.The plea by Supreme Court…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 Supreme Court on Monday issued notice on a PIL to direct the ECI to use its plenary power under Article 324 to nullify the election result and hold fresh elections, if maximum votes have been polled in favour of NOTA in a particular constituency, and restrict the candidates who have participated in the invalidated election from contesting the fresh election.The plea by Supreme Court lawyer and BJP leader Ashwini Upadhyay, in the alternative, prays that the court direct the Centre to take apposite steps to invalidate the election result and hold fresh election, if maximum votes have been polled in favour of NOTA in a particular constituency, and to restrict the contesting candidates.Senior Advocate Menaka Guruswamy, appearing for the petitioner, submitted that though the petitioner has approached the statutory authorities, he has not received any response.”If some political party with influence on people manages to get candidates rejected seats will remain unfilled in Parliament. It is a constitutional problem. If your argument is accepted, and all candidates are rejected and that constituency goes unrepresented completely. How will you constitute a valid parliament ?” Chief Justice SA Bobde asked the petitioner. “The very fact that you’ll have a right to reject will lead to political parties to get acceptable candidates” Dr Gruswamy replied.”Underlying suggestion are very hard to be accepted, even though we understand importance of what you are saying”, CJI rsaid. The plea contends that political parties choose contesting candidates in a very undemocratic manner without consulting electors, that is why many times people in constituencies are totally discontented with candidates presented before them.”This problem can be solved by holding a fresh election if maximum votes are polled in favour of NOTA. In such a situation, the contesting candidates should be considered as rejected and not be allowed in the fresh election. Right to reject and elect a new candidate will give power to the people to express their discontent. If voters are dissatisfied with the background of the contesting candidate, they will opt NOTA to reject such candidate and elect a new candidate”, it is submitted.The plea urges that the right to reject will check corruption, criminalisation, casteism, communalism, linguism, regionalism- the 7 menaces of democracy- as the political parties would be forced to give tickets to honest and patriotic candidates. It is advanced that if candidates on whom political parties spend crores of rupees are rejected, they would abstain from doing so; right to reject contesting candidates would mean true democracy as the people would be able to elect their representatives in true sense and it will make contesting candidates accountable in their functioning as if electors will reject them, they would not get a next chance of contesting.It is averred that the right to Reject was first proposed by the Law Commission in its 170th Report in 1999. It also suggested that the contesting candidates should be declared elected only if they have obtained 50%+1 of the valid votes cast. Similarly, the Election Commission endorsed ‘Right to Reject’, first in 2001, under Mr. James Lyngdoh (the then CEC), and then in 2004 under Mr. TS Krishnamurthy (the then CEC), in its Proposed Electoral Reforms. The ECI also proposed a legislative amendment to Rule 22 and 49-B of the Election Rules to introduce the NOTA and protect secrecy of voting. Likewise, ‘Background Paper on Electoral Reforms’, prepared by the Ministry of Law in 2010, proposed that if a certain percentage of the vote is negative, then the election result should be nullified and a new election should be held. It proposed: “Both the Election Commission and Law Commission recommend that a negative or neutral voting option be created. Negative or neutral voting means allowing voters to reject all of the candidates on the ballot by selection of a ‘none of the above’ option instead of the name of a candidate on the ballot. In such a system there could be a provision whereas if a certain percentage of the vote is negative or neutral, then the election results could be nullified and a new election conducted”.”Given the inaction on the government’s part, the People’s Union for Civil Liberties filed a PIL on this issue in 2004 and in 2013 the Supreme Court struck down Rules 41(2) and (3) and 49-O of the Election Rules as being ultra vires Section 128 of the Representation of the People Act 1951 and Article 19(1)(a) of the Constitution to the extent they violated the secrecy of voting. Citing Section 128, RPA and Rules 39(1), 41, 49M and 49O of the Election Rules, the Court noted that the “secrecy of casting vote is duly recognized and is necessary for strengthening democracy” to maintain the purity of elections”, it is argued.It is pointed out that consequently, given that the right to vote and the right not to vote had been statutorily recognized, the Apex Court held that secrecy had to be maintained regardless of whether voters decide to cast or not cast their votes. The Apex Court also relied on international principles governing the right to secrecy as an integral part of voting and free elections under Article 21(3) of the Universal Declaration of Human Rights and Article 25(b) of the International Covenant on Civil and Political Rights ICCPR. It therefore ruled that voters should have the option of rejecting all candidates who were standing for elections in their constituency and directed the ECI to include the option of NOTA in all Electronic Voting Machines.”The premise of the Supreme Court’s decision was that secrecy of voting is crucial to maintain the purity of the electoral system. Consequently, introducing NOTA, by guaranteeing the secrecy in casting a negative/neutral vote, would increase public participation in the electoral process, which is fundamental to the “strength of democracy.” Given that democracy is “all about choice” and voting constitutes its very “essence”, nonparticipation in the election can cause “frustration and disinterest”. Thus, the Supreme Court opined that NOTA would empower the people, thereby accelerating effective political participation, since people could abstain and register their discontent with the low quality of candidates without fear of reprisal; simultaneously, it would foster the purity of the election process by eventually compelling parties to field better candidates, thereby improving the current situation”, reads the petition.It is pointed out that, however, the existing NOTA system is not the same as the right to reject. For example where even if there are 99 votes cast in favour of NOTA, out of a total 100, the candidate who got only a vote will be declared the winner, for having obtained the most number of valid votes. The Election Commission issued a similar clarification that no re-elections will be called based on a cumulative reading of Rule 64(a) of the Election Rules and Sections 53(2) and 65, RPA. This is because the stated reason for ECI’s demanding the introduction of NOTA was apparently to ensure the secrecy to the voter casting a negative vote and to prevent a bogus vote in their place; the right to reject did not figure in their original demands.”This is evident in the Supreme Court’s judgment – in terms of its emphasis on secrecy described above and the lack of any discussion on the right to reject, which was not prayed for by the PUCL. Instead, the Supreme Court focused on how it hoped that NOTA would eventually pressurize parties to field sound candidates”, it is submitted, stating that Columbia, wherein if the blank vote gets a majority (50%+1), the election needs to be repeated and the earlier candidates in the invalidated election cannot stand again.Upadhyay urges that good governance, which is purportedly the motivating factor behind the right to reject, cannot be successfully achieved without nullifying the election if NOTA gets maximum votes. The plea states that the Centre should also implement the suggestions of the Venkatchaliah Commission and Law Commission of India on decriminalizing the politics and increasing political awareness, and introduce other provisions such as inner-party transparency and election finance reform.Click here to download the PetitionNext Story
New Canaan Police Department(NEW CANAAN, Conn.) — New Canaan, Connecticut, police are asking residents to save surveillance camera footage from May 22 to May 25 as it may help with the intensifying search for missing mother Jennifer Dulos. Police say they’ve established a timeline of when the New Canaan mom of five went missing and are looking for cameras that capture driving activity.Dulos was last seen on May 24.Her estranged husband, Fotis Dulos, 51, of Farmington, and his live-in girlfriend, Michelle Troconis, 44, were arrested on Saturday, charged with tampering with or fabricating physical evidence and hindering prosecution, according to authorities. More charges are likely, prosecutors said Monday.Investigators believe Jennifer Dulos suffered a “serious physical assault” in her garage, where blood stains and blood spatter were found, according to arrest warrants obtained Monday.Clothes and sponges with Jennifer Dulos’ blood were also found in trash cans in Hartford, where the documents said surveillance cameras captured a man appearing to be her husband, Fotis Dulos, disposing of garbage bags in multiple receptacles, according to the documents. A woman in the passenger seat of the man’s car fit the appearance of Troconis, according to the documents.Troconis and Fotis Dulos were held on $500,000 bond at Monday court appearances. Troconis posted bond Monday afternoon.Their next court date is June 11. Jennifer Dulos’ disappearance came amid a contentious custody dispute between the former couple.In 2017, Jennifer Dulos filed for an emergency order for full custody of the children, which was denied, court documents show. Jennifer and Fotis Dulos had temporary shared custody of the children until the end of the divorce proceedings.Jennifer Dulos alleged that her husband exhibited intensifying “irrational, unsafe, bullying, threatening and controlling behavior,” stating that she was afraid for her safety as well as the physical safety and emotional well-being of their children.The mother alleged that Fotis Dulos threatened to kidnap their children in May 2017 if she did not agree to his terms in the divorce settlement and that he had bought a gun that year. In Fotis Dulos’ amended reply to the motion, he claimed he legally bought the gun in 2017 for home security. He denied exhibiting “irrational, unsafe, bullying, threatening and/or controlling behavior” and stated that he never threatened to kidnap the children. It is unclear where the Dulos’ five children are now, but a statement from family spokeswoman Carrie Luft on Friday said they are “safe and well-cared for.”Copyright © 2019, ABC Radio. All rights reserved.