News Updates’Arbitrary & Illegal Submission Of Challan Reports Under Sections 107/116 CrPC’: Allahabad High Court Pulls Up UP Govt. Sparsh Upadhyay10 Feb 2021 7:18 AMShare This – xThe Allahabad High Court last week pulled up the Uttar Pradesh Government as the SDM, Varanasi, acted “arbitrarily and illegally” in detaining two persons for breach of peace. The Bench of Justice Surya Prakash Kesarwani and Justice Shamim Ahmed was hearing the plea of Shiv Kumar Verma & Another seeking compensation in lieu of illegal detention from 12th October 2020 to 21st…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 Allahabad High Court last week pulled up the Uttar Pradesh Government as the SDM, Varanasi, acted “arbitrarily and illegally” in detaining two persons for breach of peace. The Bench of Justice Surya Prakash Kesarwani and Justice Shamim Ahmed was hearing the plea of Shiv Kumar Verma & Another seeking compensation in lieu of illegal detention from 12th October 2020 to 21st October 2020 under Section 151, 107 and 116 Cr.P.C., Police Station Rohania, District Varanasi. After briefly noting the facts of the case, the Court observed, “It stands admitted that the police authorities are arbitrarily and illegally submitting Challani Reports under Sections 107/116 Cr.P.C.” However, after noting that State of Uttar Pradesh has taken steps to correct the mistakes and illegalities by issuing Circulars dated 30th January, 2021 and 31st January, 2021, the Court did not propose to issue any direction, except that the circulars shall be strictly implemented in the whole of the State of Uttar Pradesh. Section 107 & 111 of CrPC Section 107 CrPC requires the Magistrate receiving the information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. The Court noted that vide order dated 8th October 2020, the respondent no.3 did not show issue show cause notice to the petitioners as to why they should not be ordered to execute a bond with or without sureties, thus, the respondent no.3 held that he committed clear breach of mandate of Section 107 CrPC. Further, Section 111 of CrPC provides that when a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required. In this backdrop, the Court remarked, “These necessary ingredients of Section 111 Cr.P.C. are totally absent in the order dated 8th October 2020 passed by the respondent no.3. Thus, it is evident on record that the respondent no.3 has acted arbitrarily and illegally.” Importantly, the Court noted, “Despite submission of personal bond and other papers on 12th October 2020 by the petitioners before the respondent no.3, they were not released by the respondent no.3 and that too against its own order dated 8th October 2020 that the petitioners shall be detained till presentation of personal bond/bond.” The Court further held, “Non release of the petitioners by the respondent no.3 even after submission of personal bond/bond and other papers, is a clear breach of Article 21 of the Constitution of India, by the respondent no.3 which resulted in illegal detention of the petitioners.” The Court also opined that SDM acted arbitrarily and not only failed to discharge his duty cast upon him under Section 107 and 111 Cr.P.C. and also committed breach of Article 14 and 21 of the Constitution of India. “Such type of instances need to be stopped by the State Government”, remarked the Court. To this, the Court was informed by the State Government that it shall develop a mechanism and shall also issue appropriate guidelines so as to ensure that such instances may not repeat again. It was further stated that the State Government shall consider to grant monetary compensation to the petitioners for breach of their fundamental rights under Article 21 of the Constitution of India. Considering the joint request of the Additional Advocate General and the Secretary Home, U.P. Lucknow, the Court granted four weeks time to the State Government to take appropriate action. Case title – Shiv Kumar Verma And Another v. State Of U.P. And 3 Others [Criminal Misc. Writ petition No. – 16386 of 2020] Click Here To Download OrderRead OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
April 20, 2021
The Co-operative group has revealed changes to its executive management, having postponed the release of its annual results by three weeks.It has created a new management executive role of chief operating officer, who will oversee finance/ procurement, IT, risk and transformation delivery.The role will be filled by Richard Pennycook, currently interim chief executive, once a permanent CEO is appointed. The group is currently searching for an interim chief operating officer.Claire Davies has been appointed as group secretary, joining the business from Lloyds Banking Group. She will work closely with Alistair Asher, general counsel, in the running of the board and its committees.Additionally, Mark Summerfield has been appointed managing director of The Co-operative Banking Group. He will oversee ongoing work to separate the group from The Co-Op Bank.Steve Murrells, CEO retail, currently overseeing food, pharmacy, farm and e-store, will also take on additional responsibility for property and estates.Rod Bulmer, previously deputy chief executive at The Co-operative Bank, joins the management executive as CEO consumer services. Starting in June, he will have responsibility for general insurance, funeral care and legal services.Nick Folland, chief external affairs officer, has been given additional responsibility for all aspects of membership and social goals, alongside his existing responsibilities for internal and external communications.Furthermore, Sam Walker, previously HR director group functions, has been appointed as chief HR officer, succeeding Rebecca Skitt. The group also announced that Paula Kerrigan has been appointed chief strategy officer, and will “continue to develop the group’s purpose and strategy”.Martyn Hulme, Gill Barr and Andy Haywood will give up their positions on the management executive, but will continue to oversee their respective functions. Meanwhile Mark Craig, director of Co-operative relations, will leave the group after more than 30 years.Following the changes, Pennycook said the group was “better positioned to tackle the complex issues” it now faces.He said: “We are focused on the hard work needed to complete the development of our new strategy. This is the right team to deliver that strategy in the interests of all our stakeholders – customers, colleagues and members.”Meanwhile, the group announced the delay of its publication of annual results from 26 March to 17 April.Its annual meeting will be held on 17 May as planned, where members will hear details of the group’s strategy review. A special general meeting is also planned where members can vote on proposals for reform of the group’s governance.
September 23, 2020
The 7/8 Lady Cardinals hosted the Milan Indians. Two great games that gave us both a win for the night.The 7th Grade Lady Cards won with a final score of 34-11. Scoring for SLS were Catherine Streator with 11pts, Claire Saner with 10 pts, Kate Weber bringing 6 pts, Izza Wonnell with 3 pts, and both scoring 2 pts each were Ava Owens and Rhea Miller. We had a really great defensive game by all. They are now 8-0 on the season.The 8th Grade Girls had a great game also. They had a final score of 23-20. Scoring for SLS were Megan Bauer with 9 pts, Summer Ratcliffe with 6 pts, Kate Weber with 5 pts, Sadie Wachsmann with 2 pts, and Anna Wanstrath bringing us 1 pt. Haley Geisen brought us one of her best defensive games to date 5 steals on the night and numerous times got tangled on defense for the jump ball. Our rebounds were being pulled down by Kate Weber and Summer Ratcliffe! Nice job by all!Courtesy of Cardinals Coach Erin Trenkamp.
September 17, 2020
Related Stories Quarterback recruit Zach Allen works to keep recruiting class together, praises new head coach Shafer Allen said while this week has been stressful and hectic for himself and his family, he is thankful for the opportunity Syracuse offered him. Allen also wished head coach Scott Shafer well as he and the Orange move to the Atlantic Coast Conference next season.“I have been loyal to my commitment to Syracuse this whole time,” he said. “Ever since I committed, I’ve done everything for the program I can.”“At the end of the day, I have to make the decision that’s best for me.” Comments Published on January 12, 2013 at 4:29 pm Contact Phil: [email protected] | @PhilDAbb Zach Allen, a quarterback recruit from Temple, Texas, who many considered the star of Syracuse’s recruiting class, has decommitted from Syracuse and committed to Texas Christian.The uncertainty surrounding Syracuse’s vacant offensive coordinator position after former head coach Doug Marrone and offensive coordinator Nathaniel Hackett took the same jobs with the Buffalo Bills changed Allen’s thought process, he said. He cited Marrone and Hackett as the reasons he originally chose Syracuse.“Syracuse changed the deal on me when Coach Marrone and Coach Hackett left to go to the NFL. That really put a damper on things,” Allen said. “It really made me second-guess everything. Not knowing the offensive coordinator is going to be a downfall for me.”Allen committed to Syracuse in May and was considered one of the Orange’s top recruits in the Class of 2013, making ESPN’s Elite 11 Finals, one of 25 high school quarterbacks invited to the competition. After Marrone and Hackett left Syracuse, Allen had been reselling the program to other SU commitments, he told The Daily Orange two days ago.Allen said he visited TCU yesterday to confirm his decision and is excited to join the Horned Frogs.AdvertisementThis is placeholder textI committed to TCU. I had been loyal the whole time and have done everything I could for Cuse. They changed the deal with coaches leaving.— Zach Allen (@ZachAllen_12) January 12, 2013 Facebook Twitter Google+
December 16, 2019
As difficult as it can be to counter misperceptions about the costs and benefits of building to higher energy efficiency standards, it never hurts to try, particularly if factual information is handy. The Building Codes Assistance Project (BCAP), the initiative aimed at helping states and municipalities develop and implement building energy code, released some data this week that might help.A BCAP study of costs tied to compliance with the 2009 International Energy Conservation Code – which yields about 15% in energy efficiency gains compared to the 2006 edition (and which BCAP describes as a “minimum but meaningful baseline for energy efficiency”) – found that the average cost increase comes to $818.72, based on a national-average home price of $267,451 for a single-family residence of 2,400 sq. ft.A 20% down payment on such a house would increase by $154.78 and, assuming a 30-year mortgage at 4.14%, monthly payments would increase by $3.01, the study found. Annual energy savings, however, would average $243.37 – enough to cover, in less than three and a half years, the upfront cost of conforming to the code.Going beyond codeBCAP, in part through its Online Code Environment & Advocacy Network, offers a large assortment of web-based forums for professionals looking to explore code-related issues, from the technical to the political, and to track progress on code adoption in each state.For 2010, BCAP has been tracking 10 places – some are states, some are municipalities – as they develop, test, and/or adopt energy efficiency code and related compliance strategies. Each location becomes, in effect, a case study for code development and adoption.One example: Kansas, lately best known among green building advocates for Greensburg, the tornado-strafed town that has taken extraordinary steps to rebuild with energy efficiency as a top priority. But the state also has implemented programs that involve homeowners individually, including a requirement that each home seller complete a Kansas Energy Efficiency Disclosure form, which lists the insulation levels of the shell, the U values of the windows, and specifications for water heaters and HVAC equipment.Another initiative, Efficiency Kansas, is a low-interest loan program, established through federal stimulus funding, that allows homeowners to borrow up to $20,000 from a participating lender or utility for pre-approved energy efficiency upgrades. Financing approval for each project is contingent on whether the estimated savings on energy costs will cover the cost of the loan.Programs such as Efficiency Kansas could mesh fairly easily with a proposed federal program now being field tested: the Department of Energy’s Home Energy Score (HES) program, which is intended to provide consumers with straightforward information about their home energy efficiency, including a score from 1 to 10, with 10 indicating net-zero-energy performance; potential savings on energy costs after an upgrade; and a customized list of upgrade recommendations.
November 28, 2019
Virat Kohli , who is expected to play a vital role in India’s middle-order in the upcoming World Cup, said after realising his importance in the team he has become a more matured batsman and is confident of his good showing in the ICC’s showpiece event, starting February 19.The 22-year-old Delhi lad said he has worked a lot on the mental aspect of the game and is more focused now as compared to when he first came into limelight in the 2008 Under-19 World Cup in Malaysia, where he lead India to the title.”I have made a few changes in my game in the recent past. I am just trying not to commit unnecessary mistakes, learn from my mistakes. I am trying to use most of the opportunity that is coming my way. I am focusing on applying myself and play long and controlled innings, avoid playing rash shots and work on mistakes,” Kohli said during an open media session here.”When I got out playing a rash shot in the past people told me you could have played a better shot and you will learn with time. I learnt how to be mentally tough, not to be bogged down by the opposition. I feel much more focused. I am confident of my abilities,” he added.The right-handed batsman also said the re-invented calm and focused attitude on the field has brought about changes in him as a person.”If you bring changes to your cricket it reflects on your individuality.”The cash-rich Indian Premier League (IPL) brought about a lot of instant fame and money for the young Indian cricketers and Kohli said it is important to remain grounded and in the surroundings of senior pros, who have already tasted the same.”It is important to remain focused. The moment you start to think I have had enough practice and I don’t need any more you will be lost. It is important to be eager to practice every day and be involved with the game. Be there with the people who has been there for long and have handled this situation before,” he said.With the World Cup being held in the sub-continent, expectations are high on the Mahendra Singh Dhoni-led side to break the 28-year-old title jinx and Kohli said he is feeling pressure of expectations of millions of cricket-loving Indian fans.”I was feeling lot of pressure before the camp started but after arriving in Bangalore I am more relaxed. I am just focusing on my training. Just being around the team and teammates calmed me down,” he said.Kohli already has a World Cup trophy under his belt but the youngster said his Under-19 experience will be of little help during the upcoming cricketing extravaganza, which will commence in Dhaka.”It (the World Cup) is a different level altogether. It is superior and for a cricketer there is nothing as big as compared to the World Cup. I don’t think my Under-19 World Cup experience will help in any way. But I am more confident going into the mega-event,” he said.Kohli was one-of the star performers for India with the bat in the ODI series in South Africa and he said the experience will be of great help to him in the World Cup.”I had some things in mind (in South Africa). I thought we would have to play as a team going into the World Cup. It was a really good experience to play and score runs in different conditions against different and world class bowlers,” he said.”I didn’t have added pressure. I was just looking to enjoy.”There is huge hype around Sachin Tendulkar, who in all probability will play his swansong World Cup but Kohli said the upcoming tournament is of equal importance for the entire country nation as it is for the batting maestro.”Definitely, it matters for him (Tendulkar) but it also matters for the country as well as the team.”An agile Kohli, who is also an important cog in India’s fielding department and usually fields in the close position inside the circle, when asked if he ever felt nervous while fielding, he said: “We just look to enjoy every session. I try to bring out my best while fielding without taking any pressure.”The kind of position I field in is all about anticipation. If you are nervous you can’t anticipate. It’s more about being relaxed,” said Kohli.advertisement -With agencies input
September 30, 2019
Derrick Rose has figured out something that many athletes in general, Black athletes in particular, have not: He has the power over his career.Maybe Rose does not even know what he’s doing, but he’s doing it. Owners, management, coaches and fans are always pressing athletes to return to the field of battle as soon as possible after injury. They throw around this “gladiator” ideology that is essentially a con.And players consistently are duped, believing they are showing toughness and being a “gladiator” to play through the pain, not recognizing that most gladiators were prisoners or slaves, forced to fight or die.Rose, somehow, gets it. He has determined that he will play only when he believes he is healthy enough to play. He’s empowered himself to govern his career, his body, his health—now and in the future.Serious injuries in consecutive years brought him to this place. He’s afraid of another devastating injury that could threaten his career. Good thing he is because the number of people who truly care are few, particularly teams with bottom lines based on wins and his ability to help them win.Wins mean more money, and we know how money drives most everything.This is what his coach, Tom Thibodeaux, said yesterday when asked about Rose after he returned to action and scored 18 points in helping the Chicago Bulls win at Utah last night: “Oh I don’t know. Jesus. He’s got to get out there and play. I thought he did a lot of good things. You could see he’s not real comfortable with the ball yet, but that will come. When Derrick strings some games together, he’s going to take off. He’s got to go. That’s the bottom line. He’s got to go.”No, he does not, not if he does not feel his body is ready. But pressure from sources like a coach—and sometimes teammates—compel a player to acquiesce. Not Rose.What he seems to get that most athletes—especially athletes who have signed lucrative contracts, meaning they are in a position of power—don’t get is that he is in control of his life and career. The culture of sports is to always show how tough you are instead of how smart you are.It doesn’t behoove Rose to return to the court when he has not judged that his body is prepared to take the rigors of the NBA. He was ridiculed by some fans and even players for not returning for an entire year after a torn ACL. They clowned him about not being tough and afraid to play.Well, he should have been afraid to play. His knee was mangled, and returning before he had confidence in it to hold up would have been less than smart. And even with sitting out as long as he did, he suffered another injury just a few weeks back on the court.He’d be silly to now play just because the team needs him to play. As much of a team game as basketball and most sports are, the element of owning your career has to come into play.Robert Griffin III with the Washington Redskins would have been better served if he had adopted Rose’s outlook. Instead, Griffin hurried back to the field after tearing his ACL, skipped the exhibition season and started the first game of last season—just nine months after going down in a playoff game against Seattle.He has not been the same dynamic player since returning too soon. He sustained another injury, hurried back from that and now has been so far from the player expected that he could lose his starting job or be traded—or both.No one could have expected this, but ultimately this all stems from Griffin’s attempt to be a “gladiator” instead of empowering himself to return to play when he was totally healthy. He gave in to the nonsense about “players play” and his career now is in flux.Rose said to The New York Times: “I know a lot of people get mad when they see me sit out. But I think a lot of people don’t understand that when I sit out, it’s not because of this year. I’m thinking about long term. I’m thinking about after I’m done with basketball, having graduations to go to, having meetings to go to.”That’s smart and thoughtful, Gladiator-be-damned. Sadly, it is unlikely other athletes will follow suit. But we can hope.