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New York Press to Dead Poet: F-U!
Jacob Dobkin
We've heard that things are going badly over at the New York Press, but that's no excuse for what we saw over on their site today. Remember the tragic story of Dennis Kim, the 22 year old poet who drowned in the Hudson two weeks ago trying to retrieve a book of his poems? The Press's JR Taylor follows up on the story, and goes sort of nuts insulting the dead-- first accusing him of being a pedophile, and then calling him "lame" and a "dead creep"-- all this for possibly having slept with a girl five years younger than himself:
We noticed when the Post originally reported that Kim had been with 17-year-old Jennifer Hare when he made his dive into the Hudson. Now we find out that the 22-year-old had a former girlfriend who was also 17. Exactly how former of a girlfriend was Nowak? Was Kim so lame that he was actually dating a 16-year-old back when he was twenty-one?
If we had a notebook full of our romantic writings about underage girls, we would also go to extremes to keep it in our possession. If we lost that notebook, we'd probably throw ourselves into the Hudson just to be spared the embarrassment.
There are enough lousy poets in this city that we never felt obliged to regret the loss of Kim's future work. Now we're not so sure we even care about some dead creep who couldn't do better than using his verse to score with high-school girls. Still, it's too bad we didn't know about Kim back when we were assigning those articles on Lolita.
Gothamist to NY Press: eww eww eww. Kim died trying to save his art-- he's a tragic figure, and deserves a lot more respect than what you've shown him here. Pull yourself together and start writing something good. Thanks.
Dennis Kim
New York Press
News: NYC
ny press
Jake Dobkin co-founded Gothamist with Jen Chung. In 2019, Jake released Ask a Native New Yorker, a book based on his Gothamist advice column.
Because even if it did snow, they probably wouldn't care, here are your end-of-day links: Day care in New York City is horribly expensive, a school bus (without passengers) crashed into a NJ house, a bottle of Sex Panther is being auctioned off, and more.
The project is still considered a win for climate resiliency, but one energy researcher described it as a "missed opportunity" for the public.
Early Addition: John Steinbeck's Sag Harbor house could soon become a writers retreat
New York City is dealing with a 'humanitarian crisis,' Mayor Adams says


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Putney open to hunting
Friday, September 7, 2018 2:03pm
Putney Woods on South Whidbey is open to deer hunting despite a mysterious sign to the contrary.
Steve Marx, Island County Public Works assistant director, said a "no-hunting" sign posted at the county-owned property was removed this week.
"Someone took it about themselves to post the sign because they didn't think there should be hunting," he said, adding that the sign-wielding suspect hasn't been positively identified.
Hunting on Whidbey Island has been controversial in the past, with hunters and residents clashing over where it should be allowed.
While there is a proliferation of deer on Whidbey Island, there isn't much in the way of public lands available for hunting. Much of it is heavily used by hikers, bikers, runners and horseback riders.
"The best place to hunt on the island, in my opinion," Marx said, "is on private property that you have gotten permission from the owner."
Archery season for black-tailed deer started Sept. 1 and the regular hunting season runs Oct. 13-31.
Whidbey is a firearm restriction area where it's unlawful to hunt with centerfire or rimfire rifles.
Four county-owned properties allow for hunting.
On South Whidbey, there's Putney Woods and Trillium Community Forest, both of which are about 600 acres, according to Marx.
Trillium Community Forest is managed by Whidbey Camano Land Trust. Horseback riding, biking and hiking are not allowed during hunting season.
There is no regular archery or muzzleloader season in Trillium.
The modern firearms season runs Oct. 13-31 and the late modern firearms season is Nov. 15-18.
The late archery season is Nov. 21-Dec. 21.
In Central Whidbey, hunting is allowed on two different county properties.
At Greenbank Farm, hunting is allowed on the northern 198 acres and the southern 58 acres. The southern property has less human traffic.
In Central Whidbey, people can hunt at the popular Kettles Trails, which is about 240 acres.
Marx said he doesn't recommend hunting at the Kettles because deer are scared away by the constant human traffic. He recommends bow hunting because of the number of people in the area.
Deer, pheasant and waterfowl hunting is available on North Whidbey property that's part of Naval Air Station Whidbey Island, but hunters have to jump through hoops to get permission.
Department of Defense affiliated individuals interested in hunting on Naval Air Station Whidbey Island property during the 2018-2019 season must obtain a permit to do so. Civilian hunters interested in the pheasant release and upland game program on the installation must also agree to a National Crime Information Check background check prior to being issued an installation hunting permit, according to a Navy press release.
The permits are available at the Gallery Golf Course. Hunters with current base access will need to present a valid Washington State hunting license.
Those without current base access will require the background check and a valid hunting license.
The fee for the permit hunt on base is $13.
The request for base access to hunt and get a background check must be done at the base's Pass & ID office (building 2853, phone number 360-257-5620) just outside Langley Gate at Ault Field.
The Langley Gate is located on Langley Boulevard and is open from 7:30 a.m. – 3 p.m. Monday-Friday.
The background check will be done on the spot. No background check can be initiated after 3 p.m.
Specific documents required to get installation hunting permit are as follows:
• Pheasant and upland game hunters must bring Department of Defense-issued identification or state-issued identification and approved NCIC background check and a Western Washington Pheasant License (with odd/even selection).
• Waterfowl hunters must present Department of Defense-issued identification card, Washington state small game license, state migratory bird validation and federal duck stamp (attached to license and signed across the face).
• Deer hunters must present Department of Defense-issued identification card, Washington state big game license with archery-only deer option and a transport tag.
Langley's good neighbor, Herbert Bacon, turns 100
'Repairs' at Clinton dock cost $70,000

redpajama_set_name: RedPajamaCommonCrawl


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'You Negotiate Peace With Your Enemies Not With Your Friends'
Former U.S. Secretary of State James Baker, two decades after helping Israel and its enemies meet in Madrid, says the basic issues preventing peace remain the same.
Akiva Eldar
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The revelations by Al Jazeera concerning the limping peace process between Israel and the Palestinians apparently did not knock James A. Baker, III, off his chair at the Baker Institute for Public Policy at Rice University in Houston, Texas. The man who in the 1990s was secretary of state in President George H.W. Bush's administration and, before that, White House chief of staff and secretary of the treasury in the Reagan administration, has always believed a tough approach toward Hamas and a forgiving approach toward the Israeli settlements in the territories is a sure recipe for failure.
James Baker. Credit: Getty Images
In October 1991, Baker dragged the international and regional coalition that had formed for the war in Iraq to the peace conference in Madrid - what was then dubbed "a window of opportunity." He compelled the most right-wing leader Israel had ever had until then, Yitzhak Shamir, to pretend he wasn't sitting with representatives of Yasser Arafat. A year later, in the midst of an election race, when Bush, Sr. was running for a second term against Bill Clinton, The New York Times published an embarrassing remark that Baker made in a closed discussion. In answer to a warning from someone at campaign headquarters, to the effect that the settlement crisis would annoy Jewish voters, Baker muttered that, in any case "they didn't vote for us [the Republicans]," so "f--- the Jews."
Twenty years after the Madrid conference, the Baker Institute is organizing a "class reunion" for representatives of the Arab states, Israel and other countries that attended the conference. A year ago, the institute presented three alternative models for territorial exchanges between Israel and the Palestinians - the work of experts from the two sides. In a special telephone interview with Haaretz last weekend, Baker spoke of the weak points in the Middle East policies of U.S. presidents after Bush, and proposes some guidelines to resolving the conflict.
After the first Gulf War, you spoke about a window of opportunity for peace between Israel and all its neighbors. This week we learned from up close that the window is pretty much closed. What went wrong?
Baker agrees that, after the Gulf War, the United States did manage to bring about a revolution of sorts, adding: "Well, you remember we got Hafez Assad to change 25 years of policy and agree to sit face-to-face with Israel. That's what Israel had always been saying: All we want is the ability to sit down and negotiate peace with our Arab neighbors."
However, notes Baker, "We lost my wonderful friend and a champion for peace, Yitzhak Rabin. You don't have the same impetus coming from the [current] government in Israel to do what's necessary for peace that you had under Rabin.
"I quite frankly had high hopes, and I even went on television and said that I thought that Bibi [Prime Minister Benjamin Netanyahu] was a lot more pragmatic than people gave him credit for. And I predicted at the time that he might accomplish a deal with Syria. And I really think he would like to be seen to be the prime minister who brought peace to his people, but he hasn't turned out that way."
Baker suggests another reason the vision was not fulfilled: "We lost that election in 1992, and the Clinton administration came in. I do not fault President Clinton because he made extensive efforts, and came close, but he waited until late in his second term to really engage. One thing that I think is good as far as the Obama administration is concerned is that they have not waited. I mean, they have been willing to try and engage from the very beginning. They have huge problems today that have to be overcome, not the least of which is bifurcation of Palestinian politics. How can you expect to achieve peace when half of the Palestinian party is not at the table?"
Do you mean the United States should talk to Hamas?
"Yeah. Now, you know I'm not one who believes you should negotiate with terrorists, but I am one who believes that you negotiate peace with your enemies, not with your friends. Back in 1991, when neither Israel nor the U.S. would talk to the Palestine Liberation Organization, it was a terrorist organization. If you're going to negotiate peace you have to find a way to negotiate with your enemies or talk to your enemies, and we found a way by finding Palestinians from within the territories who could speak for the Palestinian side of the equation."
It was very clear that they spoke in the name of the Palestine Liberation Organization.
"The Shamir government, which was a reasonably hard-line government, knew we were talking to the Palestinians from within the territories, who were taking their orders from Tunis and, every time I'd meet with them, they'd give me a piece of paper that was sort of an authority from Yasser Arafat and I said, 'I'm not interested in that, you keep that piece of paper.'"
The younger President Bush made a huge mistake when he insisted on elections in the Palestinian Authority and Hamas was democratically elected.
"Well, that's absolutely right. Now you talk about a big mistake, a huge mistake that was made by the U.S. in my view was to require that election. Neither Israel nor the Palestinians wanted that election at the time, but we forced it, and then we don't like the result and so we say we're not going to talk to them."
Do you concur with the criticism of Obama that says he has wasted precious time on the building moratorium in the settlements, and in the end has come out of it empty-handed?
"The mistake there in my view was to come out early on and say what Secretary Clinton said and President Obama said: No settlements, no natural growth, no settlements, no expansions, no nothing, and it was just a very tough, hard-line position - no settlements. If you take that position, you can't back away from it, because that demonstrates a political weakness that means you're going to have a difficult time moving forward.
"What we did with loan guarantees has to some extent been misinterpreted. That was not economic pressure or duress. All we said was: 'If you want us to give you another $10 billion in loan guarantees, we respectfully request that you give some credence to what has been U.S. policy for all these years: that is that settlements are an obstacle to peace. And if you can't do that, then we're not going to give you the $10 billion.
"And of course Prime Minister Shamir said: 'Well, it doesn't matter, we're gonna get it from Congress. We'll just go get it from the Congress.' And we said: 'Well, we're not sure you can do that, but we'll see you on Capitol Hill.' And they didn't get it. I think sometimes there's a reluctance on the part of administrations to take that position," says Baker, because this touches on internal American politics. Therefore, "If this administration is going to take it, it's probably going to wait till the second term."
Do you think we have missed an opportunity to reach an agreement with Syria?
"I've always felt that the Syrian issue is a lot easier to resolve than the Palestinian one. Because it's a very simple matter of exchanging the Golan for a secure peace - underline 'secure.' And you know they got very close, both governments got very close on that some years ago, including detailed exposition of the security arrangement. I guess all I'm saying is that the Syrian deal to me has always seemed to be a much easier nut to crack. You don't have as many settlers up there, and so, yes, you would be dismantling some settlements. Most of them, at least they used to be Labor Party settlements. And when I was secretary of state, I even proposed that the U.S. head a multinational force on the Golan to assure Israel's security, with U.S. troops up there. I think that's still one component that ought to be included."
When and how would it be possible to reopen the window of opportunity?
"I am concerned about it, yes indeed. Because I think if you cannot achieve a secure separation, given the demographics, how can you expect to maintain your democratic and Jewish character? You can't. I'm not one who goes around saying Israel is practicing apartheid. I don't believe you are. But what I'm saying is, if you continue the occupation, at some point there's going to be an Arab majority, a vast Arab majority, and if you then don't give them full rights, then ... that question will arise.
"Can I give you five truisms with respect to the Arab-Israeli conflict that I have developed through the years, and I think they're true? First of all, I think there's really a Catch-22 regarding this issue. And that is this: Israel will never enjoy security, in my view, as long as she occupies the territories, and the Palestinians will never achieve their dream of living in peace in their own state as long as Israel lacks security. And this is truism number one. It's really a tragic version of the chicken or egg question: Which came first?
"Secondly, I don't believe there is a military solution to this problem, because neither side can win the conflict by dominating the other. "Third, I think that a political process and dialogue are absolutely essential. You know that, whenever the political process breaks down, there's going to be violence on the ground. That's just the nature of this conflict.
"Fourthly, I think it's hard-liners on both sides who are the biggest impediment to the development of a fair settlement. And those hard-liners include Arabs who will not accept Israel's right to exist, and they include Israelis who want to keep the land.
"And the fifth truism is that, it is really only the U.S. that can be an honest broker because of our special relationship with Israel.
"Therefore, if you accept those as truisms, then land for peace under [UN Resolutions] 242 and 338 is really the only basis upon which the dispute can be settled."
What do you think about the perception that the apparent weakness of the U.S., including in light of its failure in the Middle Eastern arena, including Iran, is increasing the danger to America soldiers?
"I'm not sure that I'd go that far, but I tell you this: The failure of the U.S., Israel and the Arabs to achieve a responsible settlement of the Arab-Israeli dispute is certainly one recruiting tool, there's no doubt about that. But is that why we have Arab terrorists, because Israel is an ally of the U.S.?"
Would you get tougher on Iran, on both supporting terrorism and of course the nuclear program?
"I would get tougher through the application of increasingly tough sanctions. I don't see a military solution there, quite frankly, and I think that this recent covert action, the report of the cyber-security efforts we've been making, seems to me to be the way to confront the threat of Iran. It isn't an easy matter of a military strike. It's not like the Osirak reactor [in Iraq] in 1981.
"I don't think the U.S. is growing weaker. I think other countries are catching up and growing stronger, if you're talking about China, Brazil, India, for instance ... They're catching up - and why? They're catching up because they've adopted our paradigm, our paradigm of democracy and free markets. So I think there's no country in the world, today or in the foreseeable future, that can match us militarily, and our ability to project power across oceans and continents."
In Israel, Blinken Gives a Lesson in Democracy for Beginners


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Hive5 Brussels - Our philosophy? Coworking is more than just a desk!
We are a coworking space, complete with leisure space and meeting rooms.
But we also have that little extra that will make you love us!
At Hive5, we believe coworking is a lot more than a nice desks in an inspiring environment. We believe coworking is about building a vibrant community of freelancers, entrepreneurs, startups and SMEs.
And we commit ourselves to making that community thrive and grow!
Working in the same workspace inevitably leads to spontaneous networking. And to business opportunities! But not just that: our coworkers also support each other, give advice and share tips & tricks. And never hesitate to recommend one another to their business contacts.
We believe creating the right environment for coworking is about more than comfortable chairs (be sure ours are!) and big desks. So we also have lounges, comfy armchairs, foam cubes, swiss balls and trampolines… whatever you need.
Who said coworking couldn't be zen? Carpet floors, wooden walls and noise-reducing ceilings create a quiet working environment. And we also made it spacious, so everyone has enough privacy. Need more? Try our friday yoga sessions or Psio glasses.
Want to meet clients? Whether you go to them or they come to you, Hive5 is at the heart of a communication hub: 2 metro lines, 5 tram lines, countless bus lines, and easy access to all the Brussels major arteries.
Like what you see? Want to learn more about our little hive?
Be ready for take off!


But it's not just for tech applications, sound identities pop up in "sonic logos," advertising jungles, sonic design motifs, and even playlists, as ways for companies of all kinds to connect on a deeper, emotional level with their customer base. And brands pay good money for artists to create these sounds! If you're able to create electronic sounds and plenty of them, it's not a bad idea to start building a portfolio and pitching to agencies.
Think about how the music and sound that accompany Darth Vader in Star Wars immediately tell you a story (a story within a story) about how to feel about the character. Sonic branding is often a huge part of a company's promotional strategy, because the power of music and sound transcends language. It communicates via emotion and feeling, as opposed to the way that image and text serve to convey factual information; so sound can often be more enduring than a visual image.
HBO's "Ahh" evokes lots of "TV sounds." The static and the click that triggers the ahh sound is particularly clever.
+ Got ten minutes to learn something new?
Explore Soundfly's wide array of free online courses and expand your musical skills over your lunch break! Here's just a few free courses you can choose from: How to Create a Killer Musician Website, Theory for Bedroom Producers, Touring on a Shoestring, and Live Clicks and Backing Tracks.


Malaysia's finance minister Lim Guan Eng recently announced that the country would be unveiling regulations for cryptocurrency exchanges and initial coin offerings, but it probably won't have much impact on the United States' approach.
During a keynote speech at the 2018 SCxSC FinTech Conference, Malaysia's finance minister Lim Guan Eng announced that the country would be implementing regulations for cryptocurrency exchanges and initial coin offerings by the first quarter of 2019.
A number of high-profile tech IPOs are on tap for 2019. Here's The Recorder's list of the top 10.


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Бедрос Филипов Киркоров е български и руски поп певец.

Роден е на 2 юни 1932 година във Варна в арменско семейство на обущар. От ранна възраст пее във варненски хорове, учи в музикално училище в Москва, след което за кратко работи във Варненската опера. Установява се в Москва, а след това в Новгород, като записва множество естрадни и пропагандни песни.

Негов син е певецът Филип Киркоров.

Бележки

Български естрадни певци
Руски поп певци
Българи от арменски произход
Родени във Варна
Филип Киркоров

redpajama_set_name: RedPajamaWikipedia


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Target Chief Information Officer Beth Jacob is resigning effective Wednesday as the retailer overhauls its information security and compliance division in the wake of a massive pre-Christmas data breach.
Target Chairman, President and CEO Gregg Steinhafel said in a statement released to The Associated Press that the company will search for an interim chief information officer who can help guide the company through the transformation. Jacob had been in her current role since 2008 and oversaw teams in the U.S. and India.
The resignation reflects the pressure that the nation's second-largest discount retailer faces as it tries to restore its reputation among investors and shoppers nervous about the security of their personal data.
Target said Jacob's resignation was her decision. But analysts say Jacob, who brought a series of technology initiatives to Target's stores and its website, was a scapegoat.
"Target has been obviously impacted. People are questioning Target's security. And she was the fall guy," said Walter Loeb, a New York-based independent retail consultant.
Target disclosed on Dec. 19 that the data breach compromised 40 million credit and debit card accounts between Nov. 27 and Dec. 15. Then on Jan. 10 it said hackers also stole personal information—including names, phone numbers, and email and mailing addresses—from as many as 70 million customers.
Target has said it believes hackers broke into its network by infiltrating the computers of a vendor. Then the hackers installed malicious software in the checkout system for Target's estimated 1,800 U.S. stores.
Target, based in Minneapolis, also plans to look outside the company for a chief information security officer and a chief compliance officer. Before the overhaul, information security functions were split among a variety of executives. Target's new chief information security officer will centralize those responsibilities, the company said.
Compliance duties were previously overseen by Target's current vice president of assurance risk and compliance, who already had plans to retire at the end of March. Now, Target is separating the responsibility for assurance risk and compliance.
Target also said it is working with an outside adviser, Promontory Financial Group, to evaluate its technology, structure, processes and talent as part of the overhaul.
"While we are still in the process of an ongoing investigation, we recognize that the information security environment is evolving rapidly," Steinhafel said in a statement.
Target will be facing fallout from the theft for a while. The company said last week that its fourth-quarter profit fell 46 percent on a revenue decline of 5.3 percent as the breach scared off customers.
Target said sales have been recovering as more time passes since news of the breach. But the company expects business to be muted for some time. It issued a profit outlook for the current quarter and full year that was below Wall Street estimates as it faces hefty costs related to the breach.
Steinhafel told investors last week that Target has updated shoppers early and often on the investigation and is offering free credit monitoring for a year for any customer shopping at a Target store who wants it.
The company is also equipping its locations with more security technology. Target is accelerating its $100 million plan to roll out chip-based credit card technology, which experts say is more secure than traditional magnetic stripe cards.
Target's breach may eventually eclipse the biggest known data breach at a retailer, one disclosed in 2007 at the parent company of TJ Maxx that affected 90 million records.
In a posting last week on a company blog, Steinhafel said, "In the weeks ahead, we hope to understand more about how this attack happened. And will use what we learn to inform our guests, make Target a safer place to shop and to drive change across the broader retail industry."
In a letter to Steinhafel furnished by Target, the outgoing Chief Information Officer Jacob said that resigning was a "difficult decision," but she said that "this was a time of significant transformation for the retail industry and for Target." She did not mention the data breach.
During her tenure as chief information officer, Jacob received attention for helping Target respond more quickly to shoppers' shift to researching and buying on mobile devices.
That included a mobile app called Cartwheel, which combines social networking and discounts. She also oversaw Target's innovation lab that opened last May in San Francisco. The lab looks at futuristic technology, such as how wearable gadgets like smart watches might be used in it stores.
CORRECTION: This story has been updated to reflect Beth Jacob's former job title.


G.R. No. 210252, June 25, 2014 - VILMA QUINTOS, REPRESENTED BY HER ATTORNEY-IN-FACT FIDEL I. QUINTOS, JR.; FLORENCIA I. DANCEL, REPRESENTED BY HER ATTORNEY-IN-FACT FLOVY I. DANCEL; AND CATALINO L. IBARRA, Petitioners, v. PELAGIA I. NICOLAS, NOLI L. IBARRA, SANTIAGO L. IBARRA, PEDRO L. IBARRA, DAVID L. IBARRA, GILBERTO L. IBARRA, HEIRS OF AUGUSTO L. IBARRA, NAMELY CONCHITA R., IBARRA, APOLONIO IBARRA, AND NARCISO IBARRA, AND THE SPOUSES RECTO CANDELARIO AND ROSEMARIE CANDELARIO, Respondents.
VILMA QUINTOS, REPRESENTED BY HER ATTORNEY-IN-FACT FIDEL I. QUINTOS, JR.; FLORENCIA I. DANCEL, REPRESENTED BY HER ATTORNEY-IN-FACT FLOVY I. DANCEL; AND CATALINO L. IBARRA, Petitioners, v. PELAGIA I. NICOLAS, NOLI L. IBARRA, SANTIAGO L. IBARRA, PEDRO L. IBARRA, DAVID L. IBARRA, GILBERTO L. IBARRA, HEIRS OF AUGUSTO L. IBARRA, NAMELY CONCHITA R., IBARRA, APOLONIO IBARRA, AND NARCISO IBARRA, AND THE SPOUSES RECTO CANDELARIO AND ROSEMARIE CANDELARIO, Respondents.
Before the Court is a Petition for Review on Certiorari filed under Rule 45 challenging the Decision1 and Resolution2 of the Court of Appeals (CA) in CA-G.R. CV No. 98919 dated July 8, 2013 and November 22, 2013, respectively. The challenged rulings affirmed the May 7, 2012 Decision3 of the Regional Trial Court (RTC), Branch 68 in Camiling, Tarlac that petitioners and respondents are co-owners of the subject property, which should be partitioned as per the subdivision plan submitted by respondent spouses Recto and Rosemarie Candelario.
Petitioners Vilma Quintos, Florencia Dancel, and Catalino Ibarra, and respondents Pelagia Nicolas, Noli Ibarra, Santiago Ibarra, Pedro Ibarra, David Ibarra, Gilberto Ibarra, and the late Augusto Ibarra are siblings. Their parents, Bienvenido and Escolastica Ibarra, were the owners of the subject property, a 281 sqm. parcel of land situated along Quezon Ave., Poblacion C, Camiling, Tarlac, covered by Transfer Certificate Title (TCT) No. 318717.
For failure of the parties, as well as their counsels, to appear despite due notice, this case is hereby DISMISSED.
As neither set of parties appealed, the ruling of the trial court became final, as evidenced by a Certificate of Finality5 it eventually issued on August 22, 2008.
Having failed to secure a favorable decision for partition, respondent siblings instead resorted to executing a Deed of Adjudication6 on September 21, 2004 to transfer the property in favor of the ten (10) siblings. As a result, TCT No. 318717 was canceled and in lieu thereof, TCT No. 390484 was issued in its place by the Registry of Deeds of Tarlac in the names of the ten (10) heirs of the Ibarra spouses.
Subsequently, respondent siblings sold their 7/10 undivided share over the property in favor of their co-respondents, the spouses Recto and Rosemarie Candelario. By virtue of a Deed of Absolute Sale7 dated April 17, 2007 executed in favor of the spouses Candelario and an Agreement of Subdivision8 purportedly executed by them and petitioners, TCT No. 390484 was partially canceled and TCT No. 434304 was issued in the name of the Candelarios, covering the 7/10 portion.
On June 1, 2009, petitioners filed a complaint for Quieting of Title and Damages against respondents wherein they alleged that during their parents' lifetime, the couple distributed their real and personal properties in favor of their ten (10) children. Upon distribution, petitioners alleged that they received the subject property and the house constructed thereon as their share. They likewise averred that they have been in adverse, open, continuous, and uninterrupted possession of the property for over four (4) decades and are, thus, entitled to equitable title thereto. They also deny any participation in the execution of the aforementioned Deed of Adjudication dated September 21, 2004 and the Agreement of Subdivision.
Respondents countered that petitioners' cause of action was already barred by estoppel when sometime in 2006, one of petitioners offered to buy the 7/10 undivided share of the respondent siblings. They point out that this is an admission on the part of petitioners that the property is not entirely theirs. In addition, they claimed that Bienvenido and Escolastica Ibarra mortgaged the property but because of financial constraints, respondent spouses Candelario had to redeem the property in their behalf. Not having been repaid by Bienvenido and Escolastica, the Candelarios accepted from their co-respondents their share in the subject property as payment. Lastly, respondents sought, by way of counterclaim, the partition of the property.
WHEREFORE, premises considered, the above-entitled case is hereby Dismissed.
Also, defendants-spouses Rosemarie Candelario and Recto Candelario are hereby declared as the absolute owners of the 7/10 portion of the subject lot.
Likewise, the court hereby orders the partition of the subject lots between the herein plaintiffs and the defendants-spouses Candelarios.
Aggrieved, petitioners appealed the trial court's Decision to the CA, pleading the same allegations they averred in their underlying complaint for quieting of title. However, they added that the partition should no longer be allowed since it is already barred by res judicata, respondent siblings having already filed a case for partition that was dismissed with finality, as admitted by respondents themselves during pre-trial.
WHEREFORE, premises considered, the Decision dated May 7, 2012 of the Regional Trial Court of Camiling, Tarlac, Branch 68, in Civil Case No. 09-15, is hereby AFFIRMED.
Similar to the trial court, the court a quo found no evidence on record to support petitioners' claim that the subject property was specifically bequeathed by Bienvenido and Escolastica Ibarra in their favor as their share in their parents' estate. It also did not consider petitioners' possession of the property as one that is in the concept of an owner. Ultimately, the appellate court upheld the finding that petitioners and respondent spouses Candelario co-own the property, 30-70 in favor of the respondent spouses.
On November 22, 2013, petitioners' Motion for Reconsideration was denied. Hence, the instant petition.
I. THE COURT OF APPEALS MANIFESTLY OVERLOOKED RELEVANT AND UNDISPUTED FACTS WHICH, IF PROPERLY CONSIDERED, WOULD JUSTIFY PETITIONERS' CLAIM OF EQUITABLE TITLE.
II. THE COURT OF APPEALS ERRED WHEN IT AFFIRMED THE ORDER OF PARTITION DESPITE THE FACT THAT THE COUNTERCLAIM FOR PARTITION, BASED ON THE DEED OF ABSOLUTE SALE EXECUTED IN 2007, IS BARRED BY LACHES.
III. THE COURT OF APPEALS RENDERED A SUBSTANTIALLY FLAWED JUDGMENT WHEN IT NEGLECTED TO RULE ON PETITIONERS' CONTENTION THAT THE COUNTERCLAIM FOR PARTITION IS ALSO BARRED BY PRIOR JUDGMENT, DESPITE ITS HAVING BEEN SPECIFICALLY ASSIGNED AS ERROR AND PROPERLY ARGUED IN THEIR BRIEF, AND WHICH, IF PROPERLY CONSIDERED, WOULD JUSTIFY THE DISMISSAL OF THE COUNTERCLAIM.
3. Whether or not the CA was correct in approving the subdivision agreement as basis for the partition of the property.
The petition is meritorious in part.
Quieting of title is a common law remedy for the removal of any cloud, doubt, or uncertainty affecting title to real property.12 For an action to quiet title to prosper, two indispensable requisites must concur, namely: (1) the plaintiff or complainant has a legal or equitable title to or interest in the real property subject of the action; and (2) the deed, claim, encumbrance, or proceeding claimed to be casting cloud on the title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or efficacy.13 In the case at bar, the CA correctly observed that petitioners' cause of action must necessarily fail mainly in view of the absence of the first requisite.
At the outset, it must be emphasized that the determination of whether or not petitioners sufficiently proved their claim of ownership or equitable title is substantially a factual issue that is generally improper for Us to delve into. Section 1, Rule 45 of the Rules of Court explicitly states that the petition for review on certiorari "shall raise only questions of law, which must be distinctly set forth." In appeals by certiorari, therefore, only questions of law may be raised, because this Court is not a trier of facts and does not normally undertake the re-examination of the evidence presented by the contending parties during the trial.14 Although there are exceptions15 to this general rule as eloquently enunciated in jurisprudence, none of the circumstances calling for their application obtains in the case at bar. Thus, We are constrained to respect and uphold the findings of fact arrived at by both the RTC and the CA.
The cardinal rule is that bare allegation of title does not suffice. The burden of proof is on the plaintiff to establish his or her case by preponderance of evidence.18 Regrettably, petitioners, as such plaintiff, in this case failed to discharge the said burden imposed upon them in proving legal or equitable title over the parcel of land in issue. As such, there is no reason to disturb the finding of the RTC that all 10 siblings inherited the subject property from Bienvenido and Escolastica Ibarra, and after the respondent siblings sold their aliquot share to the spouses Candelario, petitioners and respondent spouses became co-owners of the same.
This brings us to the issue of partition as raised by respondents in their counterclaim. In their answer to the counterclaim, petitioners countered that the action for partition has already been barred by res judicata.
With all the other elements present, what is left to be determined now is whether or not the dismissal of Civil case No. 02-52 operated as a dismissal on the merits that would complete the requirements of res judicata.
Section 3. Dismissal due to fault of plaintiff. — If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint, or to prosecute his action for an unreasonable length of time, or to comply with these Rules or any order of the court, the complaint may be dismissed upon motion of the defendant or upon the court's own motion, without prejudice to the right of the defendant to prosecute his counterclaim in the same or in a separate action. This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by the court.
The afore-quoted provision enumerates the instances when a complaint may be dismissed due to the plaintiff's fault: (1) if he fails to appear on the date for the presentation of his evidence in chief on the complaint; (2) if he fails to prosecute his action for an unreasonable length of time; or (3) if he fails to comply with the Rules or any order of the court. The dismissal of a case for failure to prosecute has the effect of adjudication on the merits, and is necessarily understood to be with prejudice to the filing of another action, unless otherwise provided in the order of dismissal. Stated differently, the general rule is that dismissal of a case for failure to prosecute is to be regarded as an adjudication on the merits and with prejudice to the filing of another action, and the only exception is when the order of dismissal expressly contains a qualification that the dismissal is without prejudice.26 In the case at bar, petitioners claim that the Order does not in any language say that the dismissal is without prejudice and, thus, the requirement that the dismissal be on the merits is present.
Truly, We have had the occasion to rule that dismissal with prejudice under the above-cited rule amply satisfies one of the elements of res judicata.27 It is, thus, understandable why petitioners would allege res judicata to bolster their claim. However, dismissal with prejudice under Rule 17, Sec. 3 of the Rules of Court cannot defeat the right of a co-owner to ask for partition at any time, provided that there is no actual adjudication of ownership of shares yet.
Article 494. No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned.
Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid. This term may be extended by a new agreement.
A donor or testator may prohibit partition for a period which shall not exceed twenty years.
Neither shall there be any partition when it is prohibited by law.
From the above-quoted provision, it can be gleaned that the law generally does not favor the retention of co-ownership as a property relation, and is interested instead in ascertaining the co-owners' specific shares so as to prevent the allocation of portions to remain perpetually in limbo. Thus, the law provides that each co-owner may demand at any time the partition of the thing owned in common.
Article 496. Partition may be made by agreement between the parties or by judicial proceedings. Partition shall be governed by the Rules of Court insofar as they are consistent with this Code.
Thus, for the Rules to be consistent with statutory provisions, We hold that Art. 494, as cited, is an exception to Rule 17, Sec. 3 of the Rules of Court to the effect that even if the order of dismissal for failure to prosecute is silent on whether or not it is with prejudice, it shall be deemed to be without prejudice.
This is not to say, however, that the action for partition will never be barred by res judicata. There can still be res judicata in partition cases concerning the same parties and the same subject matter once the respective shares of the co-owners have been determined with finality by a competent court with jurisdiction or if the court determines that partition is improper for co-ownership does not or no longer exists.
Article 484 of the New Civil Code provides that there is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. Thus, on the one hand, a co-owner of an undivided parcel of land is an owner of the whole, and over the whole he exercises the right of dominion, but he is at the same time the owner of a portion which is truly abstract. On the other hand, there is no co-ownership when the different portions owned by different people are already concretely determined and separately identifiable, even if not yet technically described.
Pursuant to Article 494 of the Civil Code, no co-owner is obliged to remain in the co-ownership, and his proper remedy is an action for partition under Rule 69 of the Rules of Court, which he may bring at anytime in so far as his share is concerned. Article 1079 of the Civil Code defines partition as the separation, division and assignment of a thing held in common among those to whom it may belong. It has been held that the fact that the agreement of partition lacks the technical description of the parties' respective portions or that the subject property was then still embraced by the same certificate of title could not legally prevent a partition, where the different portions allotted to each were determined and became separately identifiable.
The partition of Lot No. 252 was the result of the approved Compromise Agreement in Civil Case No. 36-C, which was immediately final and executory. Absent any showing that said Compromise Agreement was vitiated by fraud, mistake or duress, the court cannot set aside a judgment based on compromise. It is axiomatic that a compromise agreement once approved by the court settles the rights of the parties and has the force of res judicata. It cannot be disturbed except on the ground of vice of consent or forgery.
In the quoted case, We have held that res judicata applied because after the parties executed a compromise agreement that was duly approved by the court, the different portions of the owners have already been ascertained. Thus, there was no longer a co-ownership and there was nothing left to partition. This is in contrast with the case at bar wherein the co-ownership, as determined by the trial court, is still subsisting 30-70 in favor of respondent spouses Candelario. Consequently, there is no legal bar preventing herein respondents from praying for the partition of the property through counterclaim.
We now proceed to petitioners' second line of attack. According to petitioners, the claim for partition is already barred by laches since by 1999, both Bienvenido and Escolastica Ibarra had already died and yet the respondent siblings only belatedly filed the action for partition, Civil Case No. 02-52, in 2002. And since laches has allegedly already set in against respondent siblings, so too should respondent spouses Candelario be barred from claiming the same for they could not have acquired a better right than their predecessors-in-interest.
The argument fails to persuade.
As correctly appreciated by the lower courts, respondents cannot be said to have neglected to assert their right over the subject property. They cannot be considered to have abandoned their right given that they filed an action for partition sometime in 2002, even though it was later dismissed. Furthermore, the fact that respondent siblings entered into a Contract of Lease with Avico Lending Investor Co. over the subject property is evidence that they are exercising rights of ownership over the same.
There is merit, however, in petitioners' contention that the CA erred in approving the proposal for partition submitted by respondent spouses. Art. 496, as earlier cited, provides that partition shall either be by agreement of the parties or in accordance with the Rules of Court. In this case, the Agreement of Subdivision allegedly executed by respondent spouses Candelario and petitioners cannot serve as basis for partition, for, as stated in the pre-trial order, herein respondents admitted that the agreement was a falsity and that petitioners never took part in preparing the same. The "agreement" was crafted without any consultation whatsoever or any attempt to arrive at mutually acceptable terms with petitioners. It, therefore, lacked the essential requisite of consent. Thus, to approve the agreement in spite of this fact would be tantamount to allowing respondent spouses to divide unilaterally the property among the co-owners based on their own whims and caprices. Such a result could not be countenanced.
To rectify this with dispatch, the case must be remanded to the court of origin, which shall proceed to partition the property in accordance with the procedure outlined in Rule 69 of the Rules of Court.
WHEREFORE, premises considered, the petition is hereby PARTLY GRANTED. The assailed Decision and Resolution of the Court of Appeals in CA-G.R. CV No. 98919 dated July 8, 2013 and November 22, 2013, respectively, are hereby AFFIRMED with MODIFICATION. The case is hereby REMANDED to the RTC, Branch 68 in Camiling, Tarlac for purposes of partitioning the subject property in accordance with Rule 69 of the Rules of Court.
Peralta, Villarama, Jr.,* Mendoza, and Leonen, JJ., concur.
* Acting member per Special Order No. 1691 dated May 22, 2014.
1Rollo, pp. 191-199. Penned by Associate Justice Jose C. Reyes, Jr. and concurred in by Associate Justices Mario V. Lopez and Socorro B. Inting.
12Oño v. Lim, G.R. No. 154270, March 9, 2010, 614 SCRA 514, 521.
13Mananquil v. Moico, G.R. No. 180076, November 21, 2012, 686 SCRA 123, 130-131.
14Angeles v. Pascual, G.R. No. 157150, September 21, 2011, 658 SCRA 23, 28-29.
18Beltran v. Villarosa, G.R. No. 165376, April 16, 2009, 585 SCRA 283, 293.
19Baricuatro v. Caballero, G.R. No. 158643, June 19, 2007, 525 SCRA 70, 75-76.
20 Yusingco v. Ong Hing Lian, No. L-26523 December 24, 1971, 42 SCRA 591, 601.
23Baricuatro v. Caballero, supra note 19, at 76.
24Medija v. Patcho, No. L-30310, October 23, 1984, 132 SCRA 540.
25Heirs of Sotto v. Palicte, G.R. No. 159691, June 13, 2013, 698 SCRA 294.
26Gomez v. Alcantara, G.R. No. 179556, February 13, 2009, 579 SCRA 782, 483.
28 Philippine National Bank v. Asuncion, 170 Phil. 356 (1977).
29 G.R. No. 151898, March 14, 2012, 668 SCRA 114, 128-130.
30 Catholic Bishop of Balanga v. Court of Appeals, G.R. No. 112519, November 14, 1996, 264 SCRA 181, 192-193.


text:
Q: Select por horário de programação Boa tarde, Pessoal!
Estou construindo uma aplicação de grade horária televisiva. Existe uma tabela no banco de dados que contem informações de (Nome do programa, descrição e horário). Na minha aplicação, o sistema ordena essa tabela de programação com base no horário atual de Brasília, e exibe o programa que está passando ao vivo, e a programação que irá passar a seguir.
O Problema é que no meu select atualmente é esse:
"SELECT *, TIME(horario) as horario FROM Programacao where horario >= '$gh_data' order by horario"

Onde a variável $gh_data é a hora atual do sistema e "horario" é o horário do programa na tabela "programação" do banco de dados.
Exemplo do problema acontecendo:
Um programa A começa as 14:00 e o programa B começa as 15:00. Quando o horário do sistema é 14:01 ele mostra que o programa atual é o B, invés do A.
Como solucionar esse problema?

A: Creio que fazendo uma subquery para pegar a primeira programação menor que o horário atual possa resolver.
Por exemplo, a primeira programação menor ou igual a 14:01 é a de 14:00, correto? Então o select abaixo irá retornar a programação das 14:00:
SELECT horario AS a
FROM Programacao
WHERE horario <= '$gh_data'
ORDER BY horario DESC LIMIT 1

Agora, colocando isso numa subquery você conseguirá condicionar o WHERE para retornar os registros cujos horários sejam maiores ou iguais ao horário do select acima, ou seja, o das 14:00:
SELECT *, TIME(horario) as horario
FROM Programacao,
(
   SELECT horario AS a
   FROM Programacao
   WHERE horario <= '$gh_data'
   ORDER BY horario DESC LIMIT 1
) AS b
WHERE horario >= a ORDER BY horario

redpajama_set_name: RedPajamaStackExchange


text:
Sri Lanka president to seek fresh term without 'murderers'
Colombo (AFP) –
Sri Lanka's president announced Monday he will not retire at the end of his term despite a previous pledge, and said he will seek to form a new government excluding politicians who have committed murder.
Maithripala Sirisena told a public rally in the former war zone of Batticaloa that he had unfinished business to attend to and he no longer intends to retire in 2020 when his five-year term finishes.
"There are many who ask if I will retire in 2020," he said. "I will not retire. There is so much work to be done."
The remarks at a rally in the country's east ended speculation about the 66 year-old's political future, and could escalate a clash with Prime Minister Ranil Wickremesinghe.
Relations between Sirisena's Sri Lanka Freedom Party (SLFP) and Wickremesinghe's United National Party (UNP) have soured since both suffered humiliating losses in February's local council elections.
Speculation that Sirisena would run again had compounded problems between the parties as Wickremesinghe has signalled his intention to be a candidate at the next presidential election, due by late 2019.
The row deepened when the UNP, the senior partner in the coalition, accused Sirisena of supporting last month's failed bid to impeach the prime minister.
There was no immediate response from the UNP to Sirisena's announcement, seen as a de facto declaration of his candidacy despite a promise in his 2015 manifesto to be a one-term president.
Sirisena said Monday he wanted to unveil a new plan for the country.
"For this new programme that I will unveil soon I don't need the support of politicians who have committed murder, those who are corrupt or have robbed public money," he said.
"I ask how many political leaders are in the country who have not committed murder or robbed the people," he said, in a thinly veiled reference to the former regime of Mahinda Rajapakse.
Former president Rajapakse put down the Tamil separatist struggle in May 2009 through a military assault which sparked allegations that up to 40,000 ethnic Tamil civilians were killed by troops.
Sirisena had pledged to ensure accountability for war atrocities, but has faced international criticism for being slow to deliver on accountability as well as ethnic reconciliation.
The SLFP is split between Sirisena and Rajapakse, but members of the faction loyal to Rajapakse sit with the opposition in parliament.


Smart Bottoms Hanging Wet Bag - Great alternative to the diaper pail!
This wetbag can easily be hung over a towel or closet rod or hang on a door knob. It can hold at least 2 days worth of diapers and can easily be emptied into the washer with our innovative double zipper system.
This is a great wet bag. Zipper is long and durable, handles can be snapped into two different configurations. I must have read it on another site, but this bag does not hold 2 days worth of diapers. That's my only complaint about this bag, but doing diaper laundry daily is not that big a deal. Would buy this bag again if needed.
I didn't think something as simple as a wet bag could be changed, but this one has outdone all my other hanging wet bags and pail liners. It's easy to use, holds a lot, has a versatile adjustable handle, and has never leaked. Dumping the diapers out of this into my front loading washer is so much easier than with any other system. The matching hooks are too cute as well.


a Protestant Episcopal clergyman, was rector of Tillotson Parish, Curdsville,Va., for many years, until 1861, when he became rector of Christ Church in Winchester, and remained in this pastorate until his death, November 1, 1875. See Prot. Episc. Almanac. 1876, page 150.


Acclaimed and coveted by both naturalists and lovers of wildlife illustration, Jonathan Kingdon's seven-volume East African Mammals has become a classic of modern natural history. This paperback edition makes Kingdon's remarkable artistic and scientific achievement—his hundreds of drawings and perceptive study of all the mammals in East Africa's species-rich fauna—available to the wide audience it deserves.
Volume IIIB celebrates the large mammals for which the African plains are so famous—elephants, rhinos, zebras, bushpigs, and warthogs, hippopotamuses, camels, chevrotains, giraffes. Kingdon brings his artist's eye to such puzzles as the zebra's stripes and the giraffe's spots, making original observations throughout the seven volumes about the evolutionary and functional significance of coat color, facial expressions, and curious forms and markings.
The beauty of the animals, so vivid in these incomparable drawings, is made more poignant by the acknowledgment of their increasingly endangered status. Kingdon discusses the inevitable problems posed by large mammal communities in a developing continent and includes numerous maps indicating their declining ranges and populations.


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Narad Patel Vs. The State of Chhattisgarh - Court Judgment
LegalCrystal Citation legalcrystal.com/1196710
Court Supreme Court of India
Decided On May-10-2019
Source Link https://www.sci.gov.in//supremecourt/2019/5615/5615_2019_Judgement_10-May-2019.pdf
Case Number 5615 / 2019
Judge HON'BLE MR. JUSTICE UDAY UMESH LALIT, HON'BLE MS. JUSTICE INDU MALHOTRA
Appellant Narad Patel
Respondent The State of Chhattisgarh
Advocates: Vikrant Singh Bais
criminal appeal no.…. [email protected] slp(crl.) no.1907 of2019narad patel vs. sate of chhattisgarh1non-reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no.883 of2019(arising out of special leave petition (criminal) no.1907 of 2019) narad patel …appellant state of chhattisgarh …respondent versus judgment uday umesh lalit, j.1. leave granted.2. this appeal challenges the correctness of the final judgment and order dated 27.11.2018 passed by the high court of chhattisgarh at bilaspur in criminal appeal no.1101 of 2002.3. the appellant was tried in special case no.13 of 2002 on the file of the special judge, raigarh, chhattisgarh for having committed offences punishable under sections 294, 506-b of ipc and under section 3(1)(x) of the scheduled castes and.....
CRIMINAL APPEAL No.…. [email protected] SLP(CRL.) No.1907 OF2019NARAD PATEL VS. SATE OF CHHATTISGARH1Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.883 OF2019(Arising out of Special Leave Petition (Criminal) No.1907 of 2019) NARAD PATEL …Appellant STATE OF CHHATTISGARH …Respondent VERSUS
Uday Umesh Lalit, J.
1. Leave granted.
2. This appeal challenges the correctness of the final Judgment and Order dated 27.11.2018 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.1101 of 2002.
3. The appellant was tried in Special Case no.13 of 2002 on the file of the Special Judge, Raigarh, Chhattisgarh for having committed offences punishable under Sections 294, 506-B of IPC and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("the Act", for short). It was alleged that during the night intervening 30.09.2001 and 01.10.2001 the appellant had cut the hedge (Medh) of the paddy field of complainant Deshiram as a result of which the field of Deshiram went without any water. A Panchayat was called on the CRIMINAL APPEAL No.…. [email protected] SLP(CRL.) No.1907 OF2019NARAD PATEL VS. SATE OF CHHATTISGARH2next day i.e. on 01.10.2001 in which the appellant allegedly abused complainant Deshiram and his brother Shyam Sunder and threatened to kill them. It was alleged that appellant abused said complainant Deshiram and his brother who were members of a Scheduled Tribe and thereby committed offence under Section 3(1)(x) of the Act. During the trial, certain witnesses who had attended the Panchayat Meeting were examined and the Special Judge, Raigarh by his judgment and order dated 23.09.2002 found the appellant guilty of the offences under Section 294 IPC and Section 3(1)(x) of the Act. The appellant was sentenced to suffer rigorous imprisonment for three months on the first count and for six months under the second count with further imposition of fine and default sentence. The appellant was however acquitted of the charge under Section 506 IPC.
4. In Criminal Appeal No.1101 of 2002 arising from the conviction and sentence as aforesaid, the High Court affirmed the view taken by the Special Judge and dismissed the appeal by its judgment and order dated 27.11.2018, which is presently under appeal. We heard Mr. Vikrant Singh Bais, learned Advocate for the 5. appellant and Mr. Nizam Pasha, learned Advocate for the respondent. It is a matter of record that the appellant has already 6. completed more than 4 months of imprisonment.
7. It has been found that the appellant was not guilty of the offence under Section 506 IPC and the case presented by the prosecution in that behalf was completely rejected. According to CRIMINAL APPEAL No.…. [email protected] SLP(CRL.) No.1907 OF2019NARAD PATEL VS. SATE OF CHHATTISGARH3the record, following certain acts committed by the appellant a Panchayat was held in which some abuses were hurled by the appellant. Going by the version of the complainant Deshiram himself, the expressions used by the appellant during the course of vertical altercation, did not refer to the caste or tribe that the complainant belonged though such assertion finds place in the testimony of the other witnesses. Thus, the fact that the appellant abused the complainant 8. Deshiram is quite clear and as such his conviction and sentence recorded under Section 294 IPC was fully justified. However, going by the version of the complainant Deshiram according to which there was no reference to the caste or tribe of the complainant, there is a doubt as regards charge under Section 3(1)(x) of the Act.
9. In the circumstances, while affirming the conviction and sentence of the appellant under Section 294 IPC, we grant him benefit of doubt and acquit him of the charge under Section 3(1)(x) of the Act.
10. The appeal is allowed to the aforesaid extent. The appellant be set at liberty unless his custody is required in connection with any other matter. ………..…..……..……J.
(Arun Mishra) ..………….……………J.
Uday Umesh Lalit) CRIMINAL APPEAL No.…. [email protected] SLP(CRL.) No.1907 OF2019NARAD PATEL VS. SATE OF CHHATTISGARH New Delhi May 10, 2019. 4