Home › Legal › Legal Articles › Criminal Defense › Update on Motion to Declare $5,250.00 "civil penalty" unconstitutional in Polk prostitution sting operation filed by Polk criminal lawyer Thomas C. Grajek.
Update on Motion to Declare $5,250.00 "civil penalty" unconstitutional in Polk prostitution sting operation filed by Polk criminal lawyer Thomas C. Grajek.
Many people are asking what is the status of the Motion to Declare the Prostitution "civil penalty" unconstitutional that I filed a couple of months ago. Many Polk criminal defense attorneys taking these prostitution cases are not filing a motion or fighting the $5,250.00 civil penalty. Some lawyers are waiting for the ruling on my motion, but did not assist me or file a motion in their client's case. There are a couple of attorneys who have filed a motion and I will gladly give you the names of those that are willing to fight for their clients. Who do you want to be in court fighting for you? The attorney doing the work or the lawyer that says just pay the fine or let another attorney do the work? As a reminder, some people arrested in the latest sting operation have their Arraignment court date this Thursday.
On Friday, I was in court scheduled to argue the motion before Judge Kirkland. We are still waiting for a ruling from Judge Ojeda from when I first filed the motion. The motion before Judge Kirkland also included an objection to the outrageous penalty on the basis of "es post facto" law. that means that you can not increase the penalties for a criminal offense, AFTER the criminal act allegedly occurred. This part of the motion dealt with a defendant who had been arrested in the August 2012 Polk prostitution sting, but did not resolve his case before January 1, 2013, when the increased penalty went into effect.
I am expecting a ruling within the next two weeks. At that time we will find out if the $5,250.00 civil penalty will be applied or declared unconstitutional. Again, this penalty only applies to "johns" and not the prostitute, pimp, or even sexual predators.


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get well soon June 16, 2014
Tracy Morgan's Condition Upgraded to Fair
NEW YORK, NY - MAY 06: Tracy Morgan speaks onstage at Spike TV's "Don Rickles: One Night Only" on May 6, 2014 in New York City. (Photo by Theo Wargo/Getty Images for Spike TV) Photo: Theo Wargo/Getty Images
Tracy Morgan's condition has been upgraded to fair following a car accident on June 7 that left Morgan and two others in critical condition and killed comedian James McNair. The accident occurred when a Walmart tractor trailer slammed into Morgan's limo bus on the New Jersey Turnpike (the driver of the truck, Kevin Roper, recently pleaded not guilty to charges relating to the crash). "Happy to pass along that Tracy has been upgraded to fair condition, which is a great improvement," said his spokesman Lewis Kay. "His personality is certainly starting to come back as well." Morgan's assistant Jeff Millea also had his condition upgraded to fair, while hospital officials said that comic Ardie Fuqua, who had been opening for Morgan on his stand-up tour, remains in critical condition.
FX Addresses the Future of Tracy Morgan's FXX Show
Truck Driver in Wreck That Injured Tracy Morgan Released on Bail [Updated]
overnights 10:43 a.m.
Below Deck Recap: Scorpiongate What's worse than waking Captain Lee in the middle of the night? Waking him with an argument over eating insects.

redpajama_set_name: RedPajamaCommonCrawl


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Kõue (în germană Kau) este o comună (vald) din Comitatul Harju, Estonia. Comuna numără 38 de sate.
Reședința comunei este satul Ardu. Localitatea a fost locuită de germanii baltici.

Localități componente

Sate
 Ardu
 Aela
 Alansi
 Äksi
 Habaja
 Harmi
 Kadja
 Kantküla
 Katsina
 Kirivalla
 Kiruvere
 Kukepala
 Kõrvenurga
 Kõue
 Laane
 Leistu
 Lutsu
 Lööra
 Marguse
 Nutu
 Nõmmeri
 Ojasoo
 Pala
 Paunaste
 Paunküla
 Puusepa
 Rava
 Riidamäe
 Rõõsa
 Saarnakõrve
 Sae
 Silmsi
 Sääsküla
 Triigi
 Uueveski
 Vahetüki
 Vanamõisa
 Virla

Note

Kõue

redpajama_set_name: RedPajamaWikipedia


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By Margaret Berkland, 31 Aug 2003
By Margaret Berkland
Margaret Berkland is the president of Data Vision Design, Inc., which specializes in providing IT solutions to the legal community. Founded in Fredericksburg, VA in 1989, Data Vision Design, Inc. provides services that include: applications development, business process design, applications integration, electronic file tracking and, access expedition. Prior to becoming the president of DataVision Design, Inc., Margaret was the Info. Resources Technology Specialist for McKenna & Cuneo .
Subjects: Internet Resources - Web Links, Latest Links
Wisdom from the Grammar Goddess: The Appropriate Use of Less and Fewer
By Diane Sandford, 31 Aug 2003
Diane Sandford is the Director of Library Services for the Washington, DC office of Fried, Frank, Harris Shriver & Jacobson . She has many years of experience in editing and as a grammar expert within the firm.
Subjects: Grammar, Wisdom from the Grammar Goddess
The Internet Roundtable #37: Are Blogs Right For Law Firm
By Brenda Howard, Dennis Kennedy, Jerry Lawson, Tom Mighell and Ernest Svenson, 31 Aug 2003
Dennis Kennedy (DK): Last month we explained blogs and how to get started, but there's more. If that were all that's going on with blogs, I'd be saying what's the big deal? How are blogs any different from web sites? Aren't email newsletters a better vehicle for content delivery? There is much more to blogging and this brings us to my favorite aspects of blogs and why I do think that they are changing the Internet: the world of newsfeeds, RSS feeds, XML feeds and news aggregators. We have two special guests who will help us understand blogging.
Subjects: Blogs, Internet Roundtable
After Hours: The NYC Fancy Food Show Revisited: A Few of My Favorite Things
By Kathy Biehl, 31 Aug 2003
The inaugural edition of After Hours visited the world unto itself that is the Summer Fancy Food Show, which took place in NYC from June 29-July 1. This month we return to that cornucopia of culinary delights to sample a few of my favorite things. Be on the lookout for these in specialty stores, high-end supermarkets, and Internet stores. Beverages
Subjects: After Hours, Food
FOIA Facts: Privacy Under the FOIA vs. Historians/Journalists Need for Access to Data
By Scott A. Hodes, 31 Aug 2003
Scott A. Hodes discusses how without a proof of death, or an authorization from a person, the government will deny a FOIA request about a third party, and will withhold third party names in records it actually processes.
Subjects: FOIA Facts


Regardless, chicken tenderloins are lean and take well to several cooking methods. If you avoid using oil or sodium-rich ingredients, these cuts are healthful enough to eat regularly. According to MayoClinic.com, you should limit yourself to one 3-ounce serving of meat daily.
Oct 05, 2017 · This healthy Mustard Baked Chicken Tenders recipe is super simple and deliciously spicy. The mustard sauce is perfect over rice or a salad. Boneless skinless chicken breasts (or chicken tenderloins) are a fantastic protein option for anyone focused on eating a healthy diet. They are lean, delicious, easy to cook, and full of protein.


click on the names and I put the links to take you where to get them if you want!
i love this perfume and have been wearing it for years!!! it smells like cake!
it's so hard for me to find perfume's that i like...then my sister had it one, and I was like, "whuuuuuuut, are you wearing...i luuuuuuuv it!?!"
I actually already got it...but I would've asked for it too! I love this....you get 16 shadows for 48 bucks! And the colors, are amazing...plus you get eye primer, and 2 liners...! I love the greens and the taupes....and the golds...i love me all!!!! this has already gone on a trip with me...and not one eyeshadow broke on the flight!!!
or the HESH PAUL FRANK, i love both....and since when I'm flying, i don't want people to have to hear my voice, as I edit videos, i can barely stand heraing my own voice! ha ha ha...and skull candy's are comfy, and cute, and have made it on some "best of headphones" lists...and "candy" is in their name!
i love woo, which is their website name too! i want to live in their jackets...they are cut nicer than any jacket I've ever tried on...they make you look skinny!!!!
I did a video touring Stacy's store....wait til you see it! I LOVE all her clothes sooooo much, I've worn a lot of her clothes in videos, like my hair cut on melrose one! love everything!
I looooooove those sunglasses! And i just read about your poor little one and the santa excursion... ha ha ha. sooo good. you're right, "poor santa had to smell him again"
Oh, sweetie! Thanx ill make a copy of this list to give to my relatives, this is what i want!!! Well, i dont now about the glasses, i think it takes a kandee to do them justice, but the rest would be perfekt under my little swedish tree! Your pics look sunny and warm, we have snow, lots of it!!! The kids are soooo exited to get out in the morning now!!!
Say hi to the kids and merry almost xmas!
P.S. Yesterday evening I got the red eye make-up, like in your tutorial and I looked great. If it weren't for you I would have never put red eyeshadow on my eyes.
hope you'll get all that stuff!
and i wish you a great, happy, wonderful, and also merry christmas!
I hope you get everything you want for Christmas Kandee!!! :) And that you and your family have a great Christmas together!
the last make-up look of the year!
Kandee + Saori = this!!!!!
You can buy some Kandee for Christmas!!!
outfit of the day & i wanna scream!


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Workplace Safety Inspections
For inspecting all aspects of Occupational Health and Safety Issues and reporting.
The Workplace Safety Module is now available.
Now, you'll be able to use CityReporter to handle your employee Occupational Health and Safety inspection needs.:
Improve workplace health & safety using this mobile and web based inspection management process.
Includes a "Getting Started" checklist to help with planning and setting up your safety program or to evaluate your existing program.
You're ready to conduct inspections with 24 installed Occupational Health and Safety checklists, and you can customize these and create your own specific checklists as well.
Automated email reports for outstanding issues, overdue inspections and future inspections pending will help you manage your workload.
Automated email delivery of completed inspections to designated individuals will ensure everyone is informed.
Employee health and safety is a serious matter. Workplace inspections and corrective actions are "Must Do" activities for management. Ensuring that you have proper secure records of Health and Safety inspections, when corrective actions were taken, when safety meetings were held and employee who attended is not only sound management practice, but required by law in the USA and Canada.
Prevention is the key. Regular and spot inspections will enable actionable results. Outstanding issues and incidents are tracked and can be effectively managed to prevent future issues.
CityReporter can provide you with the inspection process, the documentation and reporting you need to manage your workplace, manage you team and keep everyone safe.
Parks Dept Becomes Proactive, Not Reactive
Staff at the City of Lafayette in Colorado were attending a CPSI course when they heard about CityReporter. They figured they'd use it to manage their playground inspections - but found it was able to do a lot more than just cut down on paperwork.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/parks-dept-becomes-proactive.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2016-12-09 20:30:012017-07-27 21:18:03Parks Dept Becomes Proactive, Not Reactive
Ken Kutska Recommends CityReporter
Mention the name Ken Kutska to any Certified Playground Safety Inspector, and you'll get a nod of recognition. As past president of NRPA and author of Playground Safety Is No Accident, Kutska is a legend in the parks and recreation industry. He likes what he's seen of CityReporter.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/ken-kutska-recommends-inspection-app.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2016-05-12 20:21:032019-03-27 17:06:03Ken Kutska Recommends CityReporter
More Brain Injuries From Playgrounds
A new study shows that the rate of playground-related traumatic brain injuries significantly increased between 2005 - 2013. The authors acknowledge improvements in playground safety but point out that conducting regular inspections for safety hazards and improving surfacing could help reduce injuries on monkey bars and swings.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/more-brain-injuries-from-playgrounds.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2016-05-04 10:15:122017-07-25 14:31:31More Brain Injuries From Playgrounds
District Digitizes Landfill Inspections
One regional district in British Columbia has put CityReporter's facility inspection module to work in their waste management division. District staff are able to easily conduct inspections of transfer stations, landfills, and recycling depots on their mobile devices, even in remote areas with no cellular service.
https://www.cityinspectionsoftware.com/wp-content/uploads/2016/02/district-uses-app-for-landfill-inspections.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2016-02-04 16:39:462019-03-27 17:08:39District Digitizes Landfill Inspections
Faster Permit Times For St. John's
The City of St John's has implemented a new process for building permit inspections that will see inspections done more quickly and effectively. City inspectors will be equipped with CityReporter inspection software on their smartphones and tablets, which will allow them to complete and file reports electronically.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/faster-permit-times-st-johns.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-12-23 11:42:152019-03-27 17:06:31Faster Permit Times For St. John's
Getting Playground Maintenance Right
Recreation Management magazine put together a great article with input from play equipment manufacturers, the NRPA, and CPSIs to provide valuable advice on what a good playground maintenance program entails.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/getting-playground-maintenance-right.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-12-16 09:45:042017-07-25 14:31:31Getting Playground Maintenance Right
Village Now Has Building Permit Audit Trail
The smallest towns and villages are responsible for processing building permits and conducting thorough inspections of construction sites. The Village of Radium Hot Springs, a tiny location in BC, Canada, decided to adopt CityReporter to ensure a good audit trail for building inspections.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/app-provides-audit-trail-building-permits.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-12-08 09:41:082019-03-27 17:06:44Village Now Has Building Permit Audit Trail
Park Supervisor Recognized For Safety Program
Mike Pigg, parks supervisor at the City of Billings, MT, was recently recognized as the 2015 Young Professional of the Year thanks to the playground safety program he implemented using CityReporter.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/park-supervisor-recognized-for-safety.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-11-30 12:03:252019-03-27 17:06:54Park Supervisor Recognized For Safety Program
Playground Injuries Grew 8% In Canada
Hospitalizations due to playground injuries grew 8% between 2007 and 2012. Find out which Canadian provinces have the highest injury rates and what Keith Thomas, risk management expert for the Manitoba School Boards Association, is doing about it.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/playground-injuries-grew-8percent-canada.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-11-27 09:14:532017-07-25 14:32:05Playground Injuries Grew 8% In Canada
Park District Achieves Faster, Easier Reporting
More than 15 park districts across Illinois use tablets for their playground inspections. One supervisor explains what he likes about CityReporter and how it's improved operations in his own department.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/park-district-recommends-app-for-safety.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-11-23 13:52:392019-03-27 17:07:04Park District Achieves Faster, Easier Reporting
Wood Processing Plant Improves Dust Mitigation
After two sawmill explosions rocked the lumber industry in northern BC, one pellet plant decided to implement mobile inspection software to stay on top of daily wood dust inspections. The results of their pilot project are promising.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/sawmill-improves-dust-mitigation.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-10-16 11:35:152017-07-25 14:32:05Wood Processing Plant Improves Dust Mitigation
Building Official Reduces Town's Risk
The Town of Qualicum Beach implemented building inspection software as part of a pilot project... and improved their processes so much they were featured in a case study put together by BlackBerry.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/building-official-reduces-risk-with-app.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-10-16 11:05:592019-03-27 17:07:17Building Official Reduces Town's Risk
Permit Department Now Has Thorough Documentation
One building department in BC, Canada used to struggle with inefficiencies, lost paperwork, and expensive multi-part forms. Since implementing inspection software on their tablets, their paper-based problems are a thing of the past.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/building-inspection-app-means-better-files.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-10-16 10:04:462019-03-27 17:07:29Permit Department Now Has Thorough Documentation
City Now Continuously Monitors Playgrounds
The City of Colton's Bill Smith has both a CPRP and CPSI designation. He knows what's critical when it comes to keeping his playgrounds and recreational facilities in top condition. According to Bill, CityReporter meets his maintenance reporting needs in several ways.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/colton-ca-prefers-inspection-app.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-10-09 14:44:262019-03-27 17:08:23City Now Continuously Monitors Playgrounds
Highway Contractor Eliminates Paper
In the Province of British Columbia, highway maintenance is outsourced to contractors. They're required to provide the Ministry of Transportation with quality assurance documentation. That involves an overwhelming amount of paperwork. CityReporter helped them meet their record-keeping obligations with far less effort.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/highway-contractor-eliminates-paper.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-05-12 20:24:182017-07-25 14:32:05Highway Contractor Eliminates Paper
Know The History Of Rubber Mulch
The news has been shining a spotlight on the use of recycled tire rubber in playgrounds and sports fields. Learn why we started recycling tires, who got the idea to turn them into safety surfacing, and what studies have been done to examine the health risks.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/know-history-rubber-mulch.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-02-11 09:16:532017-07-25 14:32:06Know The History Of Rubber Mulch
Playground Injury Leads To $23M Suit
Playgrounds at the Tucson Unified School are in rough shape, and now they're in the news. In 2013, a child sustained a brain injury after falling from a slide. In 2014 and 2015, several playgrounds at closed schools remained accessible to the public, generating negative press when it was revealed they had significant safety hazards with exposed concrete slabs in fall zones.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/playground-injury-23m-suit.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-02-03 11:16:102017-07-25 14:32:06Playground Injury Leads To $23M Suit
Governments Move To Cloud, See Cost Savings
Local governments, state agencies, and even the federal government are moving to the cloud. As a result, they're seeing cost savings, improved communication, and increased transparency. The one thing holding governments back is concerns about who retains control of the data.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/governments-move-to-cloud.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-01-27 16:01:572017-07-25 14:32:06Governments Move To Cloud, See Cost Savings
John McGovern Explains ADA Requirements
John McGovern, one of the leading experts in playground accessibility, explains what cities, school districts, or other local governments need to know about auditing their existing playgrounds for accessibility, and whether all playgrounds need to be retrofitted to meet ADA standards.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/john-mcgovern-explains-ada-requirements.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2015-01-14 12:22:542017-07-25 14:32:06John McGovern Explains ADA Requirements
Inspect Pool Drain Covers To Avoid Tragedy
Failure to inspect pool drain covers resulted in a child's death in China. North American pools can have these hazards, too, but inspection software can help by highlighting when inspections are overdue or which items aren't compliant.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/inspect-pool-drain-covers-to-avoid-tragedy.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2014-09-12 11:43:542017-07-25 14:32:06Inspect Pool Drain Covers To Avoid Tragedy
5 Problems With Paper Inspections
After discussions with municipalities across North America, we uncovered several problems that all city departments doing inspections seem to face, no matter their location or size.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/5-problems-with-paper-inspections.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2014-08-15 12:43:302017-08-11 18:07:245 Problems With Paper Inspections
City Finds Going Digital Is "Easy"
Making the switch from paper inspections to digital inspections might seem intimidating, but with the right support it can actually be an easy process. The City of Campbell River made the transition and outlines their expectations and results.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/city-finds-going-digital-easy.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2014-07-14 13:46:282019-03-27 17:09:43City Finds Going Digital Is "Easy"
Development Services Saves Money
The building inspector in Castlegar, BC, switched from doing his permit inspections the traditional way. Once he adopted CityReporter's mobile inspection software, he realized that his department would save money by going green. Read on to learn why!
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/development-services-saves-money.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2014-07-14 13:37:152019-03-27 17:09:55Development Services Saves Money
Park District Saves $4,000 Annually
In 2011, Zion Park District wasn't sure about switching to CityReporter. They had a number of existing problems – missing reports, incomplete inspections, and high transportation costs – but their maintenance supervisor thought using inspection software would be frustrating.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/park-district-saves-4000-annually.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2014-07-14 13:21:262019-03-27 17:10:05Park District Saves $4,000 Annually
Fire Chief Getting More Inspections Done
As Director of Protective Services, fire chief Jim McBride juggled a lot of duties. After seeing a fellow fire chief do inspections on an iPad, he was intrigued and decided to try it for himself.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/fire-chief-getting-more-inspections-done.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2014-07-11 15:21:032019-03-27 17:10:15Fire Chief Getting More Inspections Done
Park District Cuts Paperwork By 50%
Sandwich Park District, located in Illinois, is responsible for maintaining 9 parks and 1 facility with a small staff. In 2012, they began using CityReporter in order to streamline their operations and get more done with a limited amount of resources.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/park-district-cuts-paperwork-by-50-percent.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2014-07-07 10:48:442019-03-27 17:10:23Park District Cuts Paperwork By 50%
Transitioning To Tablets? Choose Wisely!
Cities looking for ways to improve efficiency are moving away from old-school paper inspections to digital inspections on mobile devices like tablets. Find out what you need to know before purchasing a tablet for your department's mobile inspections.
https://www.cityinspectionsoftware.com/wp-content/uploads/2017/07/transitioning-to-tablets-choose-wisely.jpg 300 400 CityReporter https://www.cityinspectionsoftware.com/wp-content/uploads/2017/06/logo.png CityReporter2014-06-23 10:18:532017-08-11 18:08:58Transitioning To Tablets? Choose Wisely!
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WINTER GARDEN, Fla. – Feb. 4, 2016 – PRLog — Marriott International, Inc. today announced that a 248-suite SpringHill Suites and 250-suite TownePlace Suites will open on Friday, February 12, 2016. Located in the Flamingo Crossings Development Complex at the Western Entrance to the Walt Disney World Resort® in Orlando, the hotels are developed and owned by JL-FX Hotel Development, LLC of Anchorage, AK, and managed by Yedla Management Company through its affiliate Revolutionary Road Hospitality Group of Huntsville, AL and Orlando, FL. Each property will have 1,500 square-feet of meeting space and will share a 4,700 square-foot outdoor resort-style swimming pool, 1,700 square-foot state-of-the-art fitness center, Seattle's BestÒ coffee bar, a full-service restaurant and pool bar. The hotels will also feature a picnic pavilion, batting cages and a sports practice field.
Located less than one mile from the Western entrance to Walt Disney World® Resort and with easy access to Route 429, Interstate-4 and the Florida Turnpike, the hotels are nearby to Magic Kingdom, Animal Kingdom, Hollywood Studios, EPCOT, Disney Springs® formally Downtown Disney® and the ESPN Wide World of Sports® Complex.
Featuring suites that are larger than typical hotel rooms, the SpringHill Suites Orlando at Flamingo Crossings/Western Entrance is ideal for business and leisure travelers looking for style and inspiration in their stay. Every aspect, from furniture and lighting to colors and fabrics, has been carefully selected to offer calm and refreshing spaces. Separate living, working and sleeping spaces also provide guests with flexibility and functionality. The suites feature a flat-screen television, complete with digital programming including Netflix®, YouTube®, Hulu®, Crackle® and Pandora®. The hotel is a perfect place to sink into a good night's sleep, offering luxurious linens and plush pillows, while a comfortable pullout sofa bed and lounge chair offer additional space for relaxation or extra family members. The hotel's tasteful bathroom includes modern touches, a marble-top vanity, iridescent tile walls and creative lighting features, which help travelers revive and refresh.
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Ideal for travelers who need accommodations for longer stays, the TownePlace Suites Orlando at Flamingo Crossings/Western Entrance offers studio, one-bedroom and two-bedroom suites with fully equipped kitchens that have stainless steel appliances and granite countertops, as well as separate living/working and sleeping areas. Guests can work and relax on their terms in modern suites that feature a fun, yet sophisticated sofa and task chair, a large flat screen television with digital programming including Netflix®, YouTube®, Hulu®, Crackle® and Pandora®, as well as luxurious new bedding. Most rooms also feature the Home OfficeÔ Suite, complete with The Container Store's elfa® closet system, designed to provide guests with plenty of storage and flexible space to spread out and make it their own.
SpringHill Suites and TownePlace Suites participate in Marriott International's award-winning Marriott Rewards® frequent travel program that allows members to earn hotel points or airline miles for every dollar spent during each stay. For more information or reservations contact the SpringHill Suites Orlando at Flamingo Crossings/Western Entrance at 407-507-1200, call the SpringHill Suites toll-free number at 888-287-9400, or visit www.springhillsuitesflamingocrossings.com. To contact the TownePlace Suites Orlando at Flamingo Crossings/Western Entrance call direct at 407-507-1300, or via TownePlace Suites toll-free number at 800-257-3000 or visit www.towneplacesuitesflamingocrossings.com.


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Apr 25, 2017 . As a young man, one of my first summer jobs was getting the lakeside piers and decks ready for the spring after the long and cold winter. The piers that weren't able to be fully disassembled before winter would always require a mountain of work. Even with marine-grade paint, the constant moisture and sun..
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Brexit: BMW warns production of Mini could shift abroad if we leave with no deal
BMW says committing to build the iconic Mini in Britain without a deal with the EU would be "extremely complicated"
Graham HiscottHead of Business
Mini has been an iconic British brand for decades (Image: Getty)
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Production of the iconic Mini in the UK could end in the event of a no deal Brexit , German owner BMW warned.
A top boss said Mini's plant in Oxford - and BMW's engine factory here - were in "danger" if the UK crashing out of the EU led to widespread disruption.
More than 4,500 workers are employed at Mini's plant in Cowley, which has been making cars for more than 100 years.
It came as a senior executive at Japanese car giant Toyota said leaving the EU without a deal would make it "extremely complicated" to commit to building new models in the UK.
Toyota began production of the new Corolla at its Burnaston plant in Derbyshire plant in January.
Both warnings follow Honda's bombshell announcement to close its factory in Swindon, risking 3,500 job losses and 10,000 in the supply chain.
Nissan has already ditched plans to produce the X-Trail SUV in Sunderland, though both companies said the decisions were driven by factors other than Brexit.
And Vauxhall says production of new models at its Cheshire plant could be put on hold until some of the Brexit uncertainty has lifted (Image: Getty)
Former Tory leader Iain Duncan Smith says most Brits want to leave EU without a deal
BMW bought Mini in 1994 along with the wider Rover Group.
The company has had huge success with the supermini, using its British heritage to enjoy bumper sales around the world.
However, BMW board member Peter Schwarzenbauer said a no deal Brexit would be "a huge burden for the Mini brand."
He went on: "If this comes, which is the worst case scenario... we would need to consider what it exactly means for us in the long run.
"For Mini, this is really a danger."
Asked if BMW could move Mini production out of Cowley, he said "We at least have to consider it."
The Mini convertible and Countryman are already made abroad, in the Netherlands.
Mini is to close the Cowley plant for a month at the end of March to minimise any "possible short term parts supply disruption".
Mr Schwarzenbauer also said BMW could move some engine production from Hams Hall in Birmingham to Austria in the event of an uncontrolled exit from the EU.
Didier Leroy, chairman of Toyota's European operations, said a no-deal outcome to EU withdrawal talks would be "terrible" and would create "big additional challenges" to UK operations' competitiveness.
Nissan has already ditched plans to produce the X-Trail SUV in Sunderland (Image: Getty)
Brexit: 5 fast facts you need to know this morning with 24 days to go
Mr Leroy stressed that Toyota had "no plan today to withdraw from the UK and stop production".
But he added: "If we don't have access to the European market without a specific border tax, it seems to be extremely complicated to think about ... introduction of another model."
Mr Leroy added: "No-deal is terrible, it will create big additional challenges to keep competitiveness."
Elsewhere, the boss of Vauxhall's parent company said that production of electric and hybrid technology cars at its Ellesmere Port factory would be delayed until the outcome of Brexit was clear.
Carlos Tavares, chief executive of Peugeot owner PSA, said: "We cannot invest in a site where we don't know what is going to be the profitability."
Ford has already warned leaving the EU without a deal would be "catastrophic".
Andy Palmer, chief executive of supercar maker Aston Martin, claimed it would be a "bloodbath".
Unite assistant general secretary Steve Turner said: "BMW, Toyota, Vauxhall and other car makers are deadly serious in their warnings as they instigate contingencies to deal with a hard Brexit.
And Honda recently made the bombshell announcement that it will close its Swindon plant on 2021 in another hammer blow for the UK's car industry (Image: Francis Hawkins / SWNS)
"Government ministers and 'no deal' fantasists need to wake up to those warnings and the catastrophic damage that a no deal Brexit will do to the UK's world class car industry and the supply chain companies it supports.
"Hundreds of thousands of livelihoods in manufacturing communities across the UK are being imperilled by the government's Brexit Russian roulette which could result in the iconic Mini being produced overseas."
Rebecca Long Bailey, Labour 's Shadow Business Secretary, said: "The uncertainty caused by this Government's shambolic Brexit negotiations is causing untold damage.
"With only 24 days to go until exit day, the car industry still doesn't know what the impact will be on their supply chains and their ability to manufacture in the UK.
"This chaos must end. The Government must take no deal off the table and back Labour's credible alternative plan, including a comprehensive customs union and a strong single market deal."
Nigel Driffield, Professor of International Business at Warwick Business School, said: "Above all, the government needs to avoid a 'no deal' Brexit that sees tariff barriers return and secure a trade deal that prioritises access to the single market.
"Leaving the single market will make it more difficult for European businesses to invest in the UK economy, putting almost 20% of current jobs, some of the UK's relatively 'good jobs' at risk."
Brexit news and Brexit explained
What latest Brexit row is all about
UK demands 'realism' from Brussels
UK lays out 9 demands for trade deal
We'll need 50,000 new customs agents
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MORE than 300,000 AMP customers were charged fees for services that they didn't actually receive.
AUSTRALIA'S largest wealth manager AMP has apologised for charging clients fees for financial advice they did not receive.
AMP and Australia's largest bank Commonwealth Bank are facing a grilling by the financial services royal commission over the fees for no service issue, which has also involved ANZ, Westpac and National Australia Bank.
AMP's group executive for advice Jack Regan has apologised to customers while admitting the company made untrue and misleading statements to the regulator about the problem.
The inquiry heard AMP made a deliberate decision to continue charging fees to a group of "orphan" clients for three months when they went into a central pool, despite them receiving no advice services and legal advice that it was unlawful.
The issue arose when AMP acted as a buyer of last resort, buying an adviser's client book if they were unable to sell it to another authorised AMP representative.
In some cases system errors were to blame but the inquiry heard AMP did not tell ASIC about the deliberate decision to keep charging the fees. Mr Regan, who found problems of governance and oversight when he became head of AMP's advice businesses in January 2017, apologised for the issues.
"On behalf of AMP I apologise unreservedly for the failings in respect of advice and service delivery to our customers and for the regulatory breaches," he said in a statement to the inquiry.
AMP and the nation's big four banks have paid almost $219 million in compensation to more than 310,000 financial advice customers charged fees for no service. The problem, the banking royal commission heard, had occurred since 2009.
AMP's group executive for advice Jack Regan accepted that was the case.
"It's not a surprise that it's not lawful," Mr Regan told the royal commission on Monday.
Mr Hodge also questioned if AMP in fact accepted it had made regulatory breaches, given its submissions to the commission only referred to possible misconduct. AMP has repaid $3.69 million to 14,000 clients who were charged the fees while in the central pool.
"I think it's clear from our experience that the firms in question prioritised fee revenue from their advice businesses over the provision of services to the clients," Mr Kell told the royal commission.
Mr Kell said 90 per cent of financial advice for establishing self-managed superannuation funds did not comply with duties to act in consumers' best interests.


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Plastocerontus madecassus är en tvåvingeart som beskrevs av Filippo Silvestri 1920. Plastocerontus madecassus ingår i släktet Plastocerontus och familjen spyflugor.

Artens utbredningsområde är Madagaskar. Inga underarter finns listade i Catalogue of Life.

Källor

Spyflugor
madecassus


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You are at:Home»News»Airport»Finavia secures US$258m for Helsinki Airport expansion
Finavia secures US$258m for Helsinki Airport expansion
Finnish airport operator Finavia has secured a €230m (US$258m) loan from the European Investment Bank (EIB) for the expansion of the Helsinki Airport in Finland.
The investment will help finance Finavia's terminal expansion project, which will see capacity at Helsinki Airport increase from approximately 17 million to 20 million passengers annually by 2020. The project will involve constructing two new terminal piers, an upgraded baggage handling system (BHS), new wide-body aircraft stands and additional landside and airside facilities. The project is expected to create up to 5,000 new jobs.
Jan Vapaavuori, vice president, EIB, said, "The EIB has made supporting strategic transport infrastructure one of its priorities. Helsinki Airport is the key international gateway in Northern Europe and an important part of the Trans-European Transport Network (TEN-T). We are therefore pleased to support Finavia in developing the airport, as its increased capacity will benefit both passengers and airline companies, maintaining the strong competitive position of this hub."
Kari Savolainen, CEO of Finavia, said, "Helsinki Airport's geographical location is an undisputed asset. Flying via Helsinki means choosing the shortest and fastest route between Europe and Asia. It is predicted that air traffic between Asia and Europe will increase strongly in the coming years. In order to keep up with the international competition, we will be developing and improving the operations and services of Helsinki Airport even further. I am glad that the EIB has a strong belief in Helsinki Airport's future and joins us to invest in the airport's growth and its position as one of the leading transfer hubs in Europe.


Vernon Press - Climate change: what is the real challenge?
On April 22nd, over 130 countries will sign the Paris Climate Change Agreement. Although an agreement is a good sign, we need more than that. This video by Vox nicely explains what is at stake.
Some do not even believe climate change is happening. However, proofs are right out there and they are overwhelming.
Climate change effects are being felt in every corner of the planet and the consequences are imminent for life in lands and oceans. Temperature is increasing, that is a fact. You may have even seen almond trees blooming this winter … which is not normal. Something is happening. Ice is melting, coral reefs are dying, sea levels are increasing… In a nutshell, ecosystems are being harmed. And guess what? We are but part of the ecosystem.
The good news? It is in our hands to act.
When it comes to climate change these days, everyone talks about sustainability.
What is sustainability? Well, sustainability is not about becoming "green" or "ecological" and "saving the whales", as some people may think, but about becoming "conscious" about our everyday decisions.
Taking better decisions is not a list of things that we can do, it is rather a way of thinking that one can develop. Understanding climate change is about thinking how our society needs to change, and acting towards that direction.
Page last updated on April 18th 2016. All information correct at the time, but subject to change.


The Spanish word TAPA means a small portion of every kind of food and is the gastronomic concept of our restaurant. Eating tapas is the most informal and enjoyable Spanish way to taste food, to try new dishes and, most of all, to share flavours and emotions while sitting around a table.
El Romero is a sustainable restaurant - that is to say that the vast majority of our food and ingredients is sourced from Menorca. We buy directly from local farms, producers and fishermen, whenever it's possible, because of the close relationship and trust that it creates.
Our ingredients are always evolving to reflect what is at its best and of the moment. We stand for organic and biodynamic farming, because it is the future.
We order ingredients daily and allow dishes to run out in order to keep fresh food and avoid an excess of produce!
We do not serve fish that is under threat.


Our "mission" is not just to sell the engines and their components, but to provide the assistance and know-how from the design phase of industrial and/or marine equipment to their installation and test approval.
Our organization covers the whole of Italian and French territories.
Founded in 1958 as MARINE DIESEL CENTER Distrubutor of GM-DDC engines, with the specific task to develop sales in the Italian marine market, focusing mainly on pleasure craft applications, work and fishing boats, on-board generators and military applications.
In that same year DDC entrusts MDC with the distribution of engines for the Côte d'Azur from the Italian border to Marseille. The Associated Company MDC France is created to take care of this new position.
As of January 1st 1994 Detroit Diesel Corporation entrusts MDC with the responsibility of the complete industrial and marine line of DDC products for the Italian territory.
With the changes of ownership of DDC, MDC is left with the task of being Service Center for the entire Detroit Diesel product line.
As of January 1st 1996, MDC is appointed as exclusive distributor of Scania Industrial and Marine Engines for the Italian territory, taking over from VM Motori.
From 2000 MDC France diversifies its line of products by introducing the sales of the Swedish MJP waterjets.As of 2009, MDC France is also the distributor of Boni SISU Diesel marine engines.
As of October 2010, with the passing of the distribution Scania engines to the Italian branch Italscania SpA, MDC is appointed Scania Dealer for industrial and marine engines.
In January 2009, MDC France completes its range of marine engines by distributing Guascor Power engines ranging from 18 to 48 liters.
As of March 2012, with the acquisition of the representation for BF Germany and KS KOLBENSCHIMDT, the MDC Parts Division is created.
In November 2012 MDC is appointed agent of Sandfirden Technics gas engines for the Italian territory.


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Kamala & Ors Vs. K.T. Eshwara Sa & Ors [2008] INSC 733 (29 April 2008)
S.B. Sinha & V.S. Sirpurkar
REPORTABLE CIVIL APPEAL NO. 3038 OF 2008 [Arising out of SLP (Civil) No. 9222 of 2007] S.B. SINHA, J :
2. Application of Order VII, Rule 11(d) of the Code of Civil Procedure (for short "the Code") in the facts and circumstances of this case, is involved in this appeal which arises out of a judgment and order dated 13.02.2007 passed by a Division Bench of the High Court of Karnataka at Bangalore.
3. The relationship between the parties is not in dispute, as would appear from the genealogical tree:
Allegedly, the eldest son of Kabadi Gopalsa went out of the joint family by executing a registered Deed of Release upon taking his share in the ancestral property on or about 10.03.1918.
4. A partition is said to have taken place between two sons of Chinnusa, i.e., Kabadi Giddusa and Kabadi Gopalsa on or about 1.05.1926. Kabadi Gopalsa died in 1947.
5. There exists a dispute as to whether the properties in suit were divided amongst the four sons of Kabadi Gopalsa. However, admittedly, a suit was filed by Ramusa (son of Gopalsa) against his mother and three brothers in respect of three house properties being Item Nos. 1, 2 and 3 and the Revenue land (Item No. 4). Defendant No. 3 in the said suit was the grand father of the deceased husband of the appellant No. 1 in the present case.
6. It is not in dispute that on or about 11.11.1952, the properties which allegedly fell to the share of Chikka Chinnusa was auction sold in favour of one Moolchand Sharma in execution of a decree passed against him in OS No. 311 of 1948-49 being Execution No. 421 of 1950-51.
7. A preliminary decree was passed by the Trial Court declaring 2/9th share of the plaintiff. It is, however, conceded at the Bar that the said decree was rectified declaring the share of the plaintiff to be 1/4th in the joint family property. A final decree proceedings was initiated. During the pendency of the said proceedings, Moolchand Sharma sold his land in Survey Nos. 22 and 23 admeasuring 1 acre 0.38 guntas, Survey No. 48/2 admeasuring 0.32 guntas and Survey No. 48/5 admeasuring 0.13 = guntas to Munimarappa.
A final decree was said to have been passed on 11.06.1955. Yet again, Ramusa executed a registered deed of sale on 30.08.1956 in favour of R. Vittal Sa in respect of 2 acres and 1 > guntas in Survey Nos. 22 and 23, 0.29 > guntas in Survey No. 47/2 and 0.13 = guntas in Survey No. 48/5.
Dodda Chinnusa executed a registered deed of sale on 2.09.1956 in favour of K.G. Daktappa in respect of 2 acres and 1 > guntas in Survey Nos. 22 and 23, 0.29 > guntas in Survey No. 47/2 and 0.13 = guntas in Survey No. 48/5.
8. By an order dated 18.06.1956, the Trial Court directed the Commissioner to demarcate the lands falling in the share of the plaintiff and allot to him. Various interlocutory proceedings were initiated and several orders were passed thereupon. As noticed hereinbefore, the preliminary decree was amended declaring 1/4th share of the plaintiff and the defendant Nos. 1 to 3 with respect to all the properties by reason of an order dated 27.02.1963. Whereas according to the respondents, the parties had taken possession of the properties fallen in their respective shares and had been enjoying and even alienating them to the third parties, the appellant strenuously denied and disputed the same.
An order of injunction was passed in the said suit being OS No. 15 of 1953 by an order dated 20.03.1963 restraining the defendant No. 2 from transferring the suit schedule properties on the premise that the joint family property had not been divided by metes and bounds. However, while setting aside the said interim order of injunction, the learned Court by an order dated 7.07.1967 observed as under:
On 27.02.1963, the preliminary decree was amended and 1/4th share of Plaintiff and Defendants 1 to 3 was defined.
Item No. 4 of the suit property is revenue property.
Defendant No. 3 (grandfather of deceased husband of Plaintiff Appellant herein) has sold its share in Item No. 4 of the plaint schedule property.
The suit is pending till the final decree is passed. No final decree as such has been passed in this suit concerning the 4th item of the plaint schedule. It is true that the Civil Court has to simply forward the preliminary decree to the Collector for purposes of partitioning the same and that the Civil Court has no jurisdiction to correct or review the partition that may be made by the Collector'.
The final decree proceeding was, however, dismissed for default on or about 03.09.1974.
9. Respondent No. 1 thereafter filed a partition suit against Respondent No. 2 in the Court of City Civil Judge at Bangalore which was marked as OS No. 6180 of 2003. The said suit was dismissed as not pressed.
10. Appellant has filed a suit which was marked as OS No. 6352 of 2004 claiming partition in the properties, being the same as were described as Item Nos. 1, 2, 3 and 4 of the schedule appended to the plaint in OS No. 15 of 1953.
In the said suit, an application for rejection of the plaint was filed by the respondents which has been allowed by the learned trial Judge and affirmed by the High Court by reason of the impugned judgment.
11. Mr. S.N. Bhat, learned counsel appearing on behalf of the appellants, inter alia would submit that as in the preliminary decree passed in OS No. 15 of 1953 only the share of Ramusa, plaintiff therein, namely, his 2/9th share, which was amended as 1/4th share, was declared and furthermore in view of the fact that no decree was passed in the final decree proceedings, the suit for partition was maintainable.
The subject matter of the said suit, it was urged, was three houses and the properties which have been alienated. Whereas the house properties are said to have been divided, the alienated properties were not, as would appear from the order dated 11.06.1955 and in that view of the matter, the impugned judgments cannot be sustained.
Mr. P.R. Ramasesh, learned counsel adopted the submission of Mr.
Bhat.
12. Mr. G.C. Bharuka, and Mr. R. Venkataramani, learned senior counsel appearing on behalf of the respondents, on the other hand, would submit:
(i) After passing of the preliminary decree, no property was available for partition. The properties were possessed by the co-sharers independently in accordance with the respective shares held by the co-sharer.
(ii) There had been a division of the joint family properties by metes and bounds resulting in complete severance of status, which having been admitted in the plaint, no cause of action survives for grant of a decree for partition.
(iii) Defendant No. 3 Chikka Chinnusa, who remained ex-parte, unsuccessfully tried to reopen the proceedings and obtained an order of injunction pursuant to the sale effected by the court in execution of a decree passed against him, but, in the year 1967, the said proceedings were dropped and thus, he is bound thereby.
(iv) As would appear from the order dated 3.09.1974, severance of joint status being not vitiated by any fraud, which has resulted in complete division of the properties should not be permitted to be reopened at this stage.
(v) In any event, sale deeds having been executed by the co-sharers from the years 1954 to 1956 and their validity having not been assailed directly, the same cannot be done in an indirect manner, the suit for partition is not maintainable.
(vi) In a proceeding under Order VII, Rule 11(d) of the Code, the court would be entitled to look into the documents which have been annexed to the plaint and in that view of the matter, recitals made therein may also be looked into for the purpose of determining the question as to whether there had been a complete severance of joint status.
(vii) As none of the properties are available in an original undivided condition, the impugned order should not be interfered with.
13. Order VII, Rule 11 of the Code provides for rejection of plaint, clause (d) whereof specifies "where the suit appears from the statement in the plaint to be barred by any law".
14. The learned Trial Judge as also the High Court proceeded to pass the impugned order relying on or on the basis of the preliminary decree dated 20.03.1963 and the appellate orders. The High Court opined that the conclusion of the learned Trial Judge directing rejection of plaint was correct having regard to the provisions contained in Section 12 of the Code read with Order II, Rule 2 thereof. It was held that no cause of action was disclosed in the suit.
15. Order VII, Rule 11(d) of the Code has limited application. It must be shown that the suit is barred under any law. Such a conclusion must be drawn from the averments made in the plaint. Different clauses in Order VII, Rule 11, in our opinion, should not be mixed up. Whereas in a given case, an application for rejection of the plaint may be filed on more than one ground specified in various sub-clauses thereof, a clear finding to that effect must be arrived at. What would be relevant for invoking clause (d) of Order VII, Rule 11 of the Code is the averments made in the plaint. For that purpose, there cannot be any addition or subtraction. Absence of jurisdiction on the part of a court can be invoked at different stages and under different provisions of the Code. Order VII, Rule 11 of the Code is one, Order XIV, Rule 2 is another.
16. For the purpose of invoking Order VII, Rule 11(d) of the Code, no amount of evidence can be looked into. The issues on merit of the matter which may arise between the parties would not be within the realm of the court at that stage. All issues shall not be the subject matter of an order under the said provision.
The principles of res judicata, when attracted, would bar another suit in view of Section 12 of the Code. The question involving a mixed question of law and fact which may require not only examination of the plaint but also other evidence and the order passed in the earlier suit may be taken up either as a preliminary issue or at the final hearing, but, the said question cannot be determined at that stage.
It is one thing to say that the averments made in the plaint on their face discloses no cause of action, but it is another thing to say that although the same discloses a cause of action, the same is barred by a law.
The decisions rendered by this Court as also by various High Courts are not uniform in this behalf. But, then the broad principle which can be culled out therefrom is that the court at that stage would not consider any evidence or enter into a disputed question of fact of law. In the event, the jurisdiction of the court is found to be barred by any law, meaning thereby, the subject matter thereof, the application for registration of plaint should be entertained.
17. The preliminary decree which was passed in OS No. 15 of 1953 reads as under:
"Its order and decree except against defendant No.
5 and 6 declaring the plaintiffs right to 2/9th share in the entire joint family properties. There shall be equitable division by metes and bounds of the plaintiff 2/9th share. The defendant No. 1 to 4 and 8 and 7 to deliver the plaintiff possession of 2/9th share in the said properties. 3rd defendant shall render proper accounts for the declaration of profits and rents made by him on enquiry require under order 20 rule XII regarding future amounts profits"
18. The said decree, however, was amended on 27.02.1963, as would appear from the order dated 07.06.1967, to which we have adverted to heretobefore.
19. It is, however, beyond any doubt or dispute that a final decree proceedings was initiated. An Advocate-Commissioner was appointed.
Directions were issued therein from time to time. But, indisputably, there had been no partition by metes and bounds. The landed property was not partitioned. In its order dated 20.03.1963, the court noticed that separate sale deeds were executed by the defendants but despite the same, an order of injunction was passed to the following effect:
"1) They should not remove the earth for the purpose of making bricks; and 2) They should not construct anything, on the suit property. I.A. 22 is allowed. No order as to costs."
20. The final decree proceedings were ultimately dropped by an order dated 3.09.1974. Neither the Trial Court nor the High Court had taken into consideration the effect and purport thereof. In the aforementioned context, the plaint filed by the appellants herein whether deserved outright rejection is the question.
21. Dr. Bharuka and Mr. Venkataramani have taken great pains to read the entire plaint before us as well as a large number of documents to contend that no cause of action was disclosed and in any event, the suit was barred by the principle of res judicata.
The other limbs of arguments which have been advanced before us, viz., keeping in view the deeds of sale executed by the respondents and the court auction sale which had taken place in respect of the appellants' share, had not been raised before the learned Trial Judge.
We may proceed on the assumption that the shares of the parties were defined. There was a partition amongst the parties in the sense that they could transfer their undivided share. What would, however, be the effect of a partition suit which had not been taken to its logical conclusion by getting the properties partitioned by metes and bounds is a question which, in our opinion, cannot be gone into in a proceeding under Order VII, Rule 11(d) of the Code. Whether any property is available for partition is itself a question of fact.
Whether the suit would be maintainable, if the plaintiff had not questioned the validity of deeds of sale, is not the question which can be answered by us at this stage.
The only contention raised before the learned Trial Judge was the applicability of the principles of res judicata. Even for the said purpose, questions of fact cannot be gone into. What can only be seen are the averments made in the plaint. What inter alia would be relevant is as to whether for the said purpose the properties were sold by reason of any arrangement entered into by and between the parties out of court; whether they had accepted the partition or whether separate possession preceded the actual sale; or whether the contention that a presumption must be drawn that for all practical purposes the parties were in separate possession, are again matters which would not fall for consideration of the court at this stage.
22. The plaintiff appellant might not have prayed for any decree for setting aside the deeds of sale but they have raised a legal plea that by reason thereof the rights of the co-parceners have not been taken away. Their status might not be of the coparceners, after the preliminary decree for partition was passed but as we have indicated hereinbefore the same cannot be a subject matter of consideration in terms of Order VII, Rule 11(d) of the Code.
23. One of the grounds taken in the counter affidavit of the respondent Nos. 10, 11, 13 and 17 under Order VII, Rule 11(d) of the Code is as under:
"16. So far as item No. 8 of the Schedule A, the subsequent purchases have made flats and 80% have been sold to third party and the third- party interest have been created and third parties are not made parties before the Court. Hence, the suit is bad in law for misjoinder and non-joinder of necessary parties. Moreover, third parties interest has been created and separate khatas have been issued."
24. What would be its effect is again a question which cannot fall for determination under Order VII, Rule 11(d) of the Code. These facts require adjudication. The identity of the properties which were the subject matter of the earlier suit vis-`-vis the properties which were subsequently acquired and the effect thereof is beyond the purview of Order VII, Rule 11(d) of the Code.
25. Whether the properties mentioned in the plaint are available for partition is essentially a question of fact. Whether an order of injunction was obtained on the basis of a misleading statement in the earlier suit or whether they were entitled therefor are not the questions which, in our opinion, can be gone into at this stage. Moreover, it is contended that some lands have been acquired by the Bangalore Development Authority. But, we do not know in whose favour the awards were made and even if somebody has received the awarded amount, what would be the effect thereof.
We may place on record that the plaintiffs are said to be guilty of suppression of facts, as would appear from para 2 of the application filed under Order VII, Rule 11(d) of the Code, but then what would be the effect of such suppression has to be determined. [See S.P. Chengalvaraya Naidu (dead) by L.Rs. v. Jagannath (dead) by L.Rs. and others, AIR 1994 SC 853] What would be the effect of non-availability of the property vis-`-vis the contentions of the respondents in regard to Item No. 8 is a question which requires further probe.
26. Order VII Rule 11(d) of the Code serves a broad purpose as has been noted in Liverpool & London S.P. & I Association Ltd. v. M.V. Sea Success I & Anr. [(2004) 9 SCC 512] in the following terms:
" The idea underlying Order 7 Rule 11(a) is that when no cause of action is disclosed, the courts will not unnecessarily protract the hearing of a suit. Having regard to the changes in the legislative policy as adumbrated by the amendments carried out in the Code of Civil Procedure, the courts would interpret the provisions in such a manner so as to save expenses, achieve expedition and avoid the court's resources being used up on cases which will serve no useful purpose. A litigation which in the opinion of the court is doomed to fail would not further be allowed to be used as a device to harass a litigant. [See Azhar Hussain v. Rajiv Gandhi (1986) Supp SCC 315" at pp. 324-35]"
But therein itself, it was held:
"Whether a plaint discloses a cause of action or not is essentially a question of fact. But whether it does or does not must be found out from reading the plaint itself. For the said purpose the averments made in the plaint in their entirety must be held to be correct. The test is as to whether if the averments made in the plaint are taken to be correct in their entirety, a decree would be passed."
In C. Natrajan v. Ashim Bai & Anr. [2007 (12) SCALE 163], this Court held:
"An application for rejection of the plaint can be filed if the allegations made in the plaint even if given face value and taken to be correct in their entirety appear to be barred by any law. The question as to whether a suit is barred by limitation or not would, therefore, depend upon the facts and circumstances of each case. For the said purpose, only the averments made in the plaint are relevant.
At this stage, the court would not be entitled to consider the case of the defence. {See [Popat and Kotecha Property v. State Bank of India Staff Association [(2005) 7 SCC 510]}"
27. Dr. Bharuka as also Mr. Venkataramani have relied upon a large number of decisions. We do not say that they are wholly irrelevant but what we intend to say is they are not relevant for our purpose at this stage.
Relevance of the said decisions must be noticed by the court at an appropriate stage. If we make any comment thereupon, the same may affect the rights of the parties at a later stage. We, therefore, refrain from doing so.
28. We may, however, notice only a few decisions of this Court.
In Popat and Kotecha Property v. State Bank of India Staff Association [(2005) 7 SCC 510], the question which arose for consideration was as to whether the suit was barred by limitation.
It was held:
"22. There is distinction between "material facts" and "particulars". The words "material facts" show that the facts necessary to formulate a complete cause of action must be stated. Omission of a single material fact leads to an incomplete cause of action and the statement or plaint becomes bad. The distinction which has been made between "material facts" and "particulars" was brought by Scott, L.J. in Bruce v. Odhams Press Ltd.
23. Rule 11 of Order 7 lays down an independent remedy made available to the defendant to challenge the maintainability of the suit itself, irrespective of his right to contest the same on merits. The law ostensibly does not contemplate at any stage when the objections can be raised, and also does not say in express terms about the filing of a written statement. Instead, the word "shall" is used clearly implying thereby that it casts a duty on the court to perform its obligations in rejecting the plaint when the same is hit by any of the infirmities provided in the four clauses of Rule 11, even without intervention of the defendant. In any event, rejection of the plaint under Rule 11 does not preclude the plaintiffs from presenting a fresh plaint in terms of Rule 13."
This Court opined that therein questions of fact were to be determined.
The matter, however, was referred to a Three-Judge Bench of this Court in Balasaria Construction (P) Ltd. v. Hanuman Seva Trust and Others [(2006) 5 SCC 662]. However, as no conflict of decisions of this Court was found, it was referred back to the Two-Judge Bench again. A Two-Judge Bench of this Court in Balasaria Construction (P) Ltd. v. Hanuman Seva Trust and Others [(2006) 5 SCC 658] held:
"8. After hearing counsel for the parties, going through the plaint, application under Order 7 Rule 11(d) CPC and the judgments of the trial court and the High Court, we are of the opinion that the present suit could not be dismissed as barred by limitation without proper pleadings, framing of an issue of limitation and taking of evidence.
Question of limitation is a mixed question of law and fact. Ex facie in the present case on the reading of the plaint it cannot be held that the suit is barred by time. The findings recorded by the High Court touching upon the merits of the dispute are set aside but the conclusion arrived at by the High Court is affirmed. We agree with the view taken by the trial court that a plaint cannot be rejected under Order 7 Rule 11(d) of the Code of Civil Procedure."
29. Reliance has been placed on Tara Pada Ray v. Shyama Pada Ray and others [AIR 1952 Calcutta 579] wherein the averments made in the deed of sale had been taken into consideration. Therein, however, the Calcutta High Court noticed that the final decree proceedings need not be resorted to where the directions contained in a preliminary decree had been acted upon by the parties. Even such a question is required to be gone into.
30. Reliance has also been placed on T. Arivandandam v. T.V. Satyapal and Another [(1977) 4 SCC 467], wherein it has been held:
"5. We have not the slightest hesitation in condemning the petitioner for the gross abuse of the process of the court repeatedly and unrepentently resorted to. From the statement of the facts found in the judgment of the High Court, it is perfectly plain that the suit now pending before the First Munsif's Court, Bangalore, is a flagrant misuse of the mercies of the law in receiving plaints. The learned Munsif must remember that if on a meaningful not formal reading of the plaint it is manifestly vexatious, and meritless, in the sense of not disclosing a clear right to sue, he should exercise his power under Order 7, Rule 11 CPC taking care to see that the ground mentioned therein is fulfilled. And, if clever drafting has created the illusion of a cause of action, nip it in the bud at the first hearing by examining the party searchingly under Order 10, CPC. An activist Judge is the answer to irresponsible law suits. The trial courts would insist imperatively on examining the party at the first hearing so that bogus litigation can be shot down at the earliest stage. The Penal Code is also resourceful enough to meet such men, (Cr. XI) and must be triggered against them. In this case, the learned Judge to his cost realised what George Bernard Shaw remarked on the assassination of Mahatma Gandhi:
"It is dangerous to be too good."
Each case, however, must be considered on its own facts. 31. Mr. Venkataramani has also placed reliance upon a decision of this Court in M/s Kalloomal Tapeswari Prasad (HUF), Kanpur v. Commissioner of Income Tax, Kanpur [(1982) 1 SCC 447] to contend that even partial partition is permissible. No exception thereto can be taken but the effect thereof vis-`-vis another suit, it is trite, cannot be determined under Order VII, Rule 11 of the Code.
32. We may, however, notice that in Kashinathsa Yamosa Kabadi, etc. v. Narsingsa Bhaskarsa Kabadi, etc. [AIR 1961 SC 1077], this Court stated the law, thus:
"26. To sum up: on a consideration of the materials placed before the court, the reference to Panchas is proved to be made voluntarily by all the parties, that the Panchas had in the first instance decided that each branch was to get a fourth share in the properties and that decision was accepted by the parties, that division of properties made from time to time was also accepted by the parties, and subsequently, when the Panchas were unable to proceed with the division, the matter was referred by consent of the parties to Godkhindi and Godkhindi divided with the consent of the parties the outstandings, but he was unable to divide the remaining properties. For reasons we have already stated, the division made by the Panchas and by Godkhindi is binding upon the parties. Such properties as are not partitioned must, of course, be ordered to be divided and the division will be made consistently with the rules of Hindu Law. To the division of such properties which have not been divided, the decision of the Panchas dated 23- 9-1946, will not apply."
32. For the reasons aforementioned, the impugned order cannot be sustained. The appeal is allowed. We, however, must make it clear that the parties would be at liberty to raise all contentions before the learned Trial Judge at appropriate stage (s). The parties shall, in the facts and circumstances of the case, bear their own costs of this appeal.


Summary: Sweet and funny short stories about a naughty-but-nice little boy. Perfect for sharing or for emerging and newly confident readers to snigger at alone.
My book is about all the naughty things that my brother Charlie has done. Some of it is funny, some of it is a bit sad, and lots of it is disgusting, because that's what Charlie can be. It might even make you be sick, so get ready.
Cheeky Charlie is kind of a cross between a chapter book and a collection of short stories. You could happily read any of Harry's anecdotes about her naughty brother in any order you want and lose nothing of the fun. Each is quite self-contained. I read through from beginning to end, though, like a good reviewer.
Firstly, narrator Harry comes through as just a strong character as Charlie. She's a very different person - quite law-abiding in comparison! And she is afflicted by a little bit of sibling jealousy. I can't say as I blame her for that because Charlie's and Harry's parents are very tolerant of Charlie's various pecadilloes, even when they adversely affect people outside the family. I suppose, for the purposes of the book, they have to be. Or Charlie wouldn't be so funny. I confess, though, there was a time or two when the parent in me tsked more at Mum and Dad than Charlie. But that's a minor nitpick. And I imagine many readers would find common cause with Harry's frustration at the lack of draconian punishments - children always think they've had it tough and their siblings have got off lightly, don't they?
But secondly, and most importantly, the main thing is that Charlie's adventures are funny. I think my favourite scene was in the hospital, when Charlie finds a comrade-in-arms in one of the geriatric patients and they've hijacked the telly in the ward day lounge. Charlie's escapades are all cleverly paced, so readers can guess ahead what's going to happen but not so perfectly that the pay-offs are spoiled. There's a good dollop of slapstick involved in it all but not so much that it becomes a pantomime. And the adults are regularly embarrassed. We love it when that happens, don't we, dear reader? I won't tell you what happens to Charlie's dad on the waterslide. I'll let you enjoy it fresh!
Overall, Cheeky Charlie is a very successful enterprise. There's a good selection of short episodes that are equally enjoyable shared by reading aloud or read alone by the emerging reader. The vocabulary is accessible and neither too simple nor too challenging. Charlie is a highly amusing protagonist and Harry is a highly relatable narrator.
More enjoyable short story collections for this age group include The (Fairly) Magic Show and Other Stories by Rob Keeley and Wonderful Wriggly Worm by Eugenie Summerfield.
You can read more about Mat Waugh here.
Cheeky Charlie by Mat Waugh is in the Top Ten Self-Published Books 2015.
You can read more book reviews or buy Cheeky Charlie by Mat Waugh at Amazon.com.
This page was last modified on 2 March 2018, at 09:58.


The Effects of Dividend Yield and Dividend Policy on Common Stock Prices and Returns. By with holding current dividend payments to shareholders, managers of growth companies are hoping that dividend payments will be increased proportionality higher in the future, to offset the retainment of current earnings and the internal financing of present investment projects. It would be better if the period of dividend is followed by issue of bonus shares, so that later on rate of dividend is maintained at a reasonable level. A retired shareholder will have a different requirement vis-a-vis a wealthy investor. This theory also infers that the cost of debt is equal to the cost of equity as the cost of capital is not affected by the leverage.
It is believed, however, that such data cannot measure motivation which is the underlying force behind generating market data. In that case company should pay less dividend. The amount used up in paying out dividends is replaced by the new capital raised through issuing shares. Otherwise, both dividends and capital gains are taxed at the same rate. They were the innovators in suggesting that dividends and capital gains are equivalent when an investor considers returns on investment. Once the dividend amount is declared, that must be paid to the shareholders within 30 days. But for the father and the sons, it was a beginning point for diversification of their portfolios away from total concentration in a private, although successful, business.
Journal of Financial Research 5 3 : 249- 259. Yet another set of studies have established the relationship between firm dividend and investment decisions. But when the earnings exceed the normal level, the directors would pay extra dividend in addition to the regular dividend. The intention of this study is to examine the significance of agency cost theory and signaling theory in determining the dividend policy. Payment to holders and to holders are at a fixed rate. Such reserves will help a company declare high dividends even in depressing markets to retain and attract more shareholders. A growing, profitable firm may not be liquid, since it needs funds for new capital expenditures and to build up its permanent working capital position.
The company had grown rapidly for a number of years, and its growth and diversification opportunities in the auto parts supply business were not as attractive as they had been. Stability of dividends has the following risks, once the stable dividend policy is adopted. They discount the future capital gains at a higher rate than the firm's earnings, thereby evaluating a higher value of the share. Major theories of dividend in financial management are as under: 1. The people who support relevance of dividends clearly state that regular dividends reduce uncertainty of the shareholders i. Another school linked to holds that investors don't really choose between future gains and cash dividends.
Constant Dividend Per Share Firm sometimes fix a particular amount per share as a dividend to shareholders irrespective of the earnings of the firm. Making Dividend Payout Ration too low or too high may create the problems for the firm. Under the constant dividend policy, a company pays a percentage of its earnings as dividends every year. In this post, we will discuss various factors affecting dividend policy. The sample includes 10 banks from Kuwait, Saudi Arabia, and 9 banks from United Arab Emirates. Restrictions imposed by lending institutions:- Sometimes, lending banks or financial institutions impose certain restrictions on the company preventing payment of dividend if certain conditions are not fulfilled such as interest on loan is not regularly paid by company.
This is the theory of Residuals, where dividends are residuals from the profits after serving proposed investments. It can be established that dividend policy of the firm impact both the long-term financing and the prosperity of shareholders. It proposes that Dividend should not be distributed out of capita, in any case. Share Price Reaction to Dividend Announcements: Empirical Evidence on the Signaling Model from the Oslo Stock Exchange. Capital equipment analysis: the required rate of profit. This problem is, particularly, to be faced by new firms who are still in the process of extension and development.
Such a condition favors investors. Shareholders are certain of their current dividend income can plan their financial activities accordingly. Dynamics and Determinants of Dividend Policy in Pakistan Evidence from Karachi Stock Exchange Non-Financial Firms. Business Cycles When the company experiences a boom, it is prudent to save up and make reserves for dips. The company needs to clearly understand the different beliefs and formulate an effective dividend policy. The financial goal of a firm is to maximise the economic welfare of the owners.
In short, your dividend policy influences your return on investment in your business. Cash dividend policy stipulates that dividends are payable in cash only. Divisible Profit: Dividends can be declared out of revenue profits but not out of capital profit. He noted that if they paid out a large special dividend, the bank would lose earnings on those millions and earnings would decline. The average return associated with announcements of large dividend changes is significantly larger for firms with Q's less than unity than for other firms.


Because there is no report, the Ethics Commission said Sanford's arguments shouldn't be heard by the court.Sanford's case also should be dismissed because it "hinges upon events that have not occurred and may never occur," the commission's lawyer said in Monday's filing. It noted the court initially refused earlier this year to get involved in the fight over federal stimulus cash because the Legislature had not taken final steps to force Sanford to request the money.
Sanford also has been assured no report would be released before he has a chance to argue that it shouldn't be given to the House. That decision can be challenged in the state Court of Appeals. The commission said Sanford needs to use those channels before bringing an argument to the state's highest court.
Sanford's lawyers face a Tuesday deadline to respond to the Ethics Commission's argument. The Supreme Court scheduled oral arguments in the governor's case for Oct. 19 in Columbia.
The commission argued that the House ultimately has the power to subpoena whatever it wants from the case.That's a point the House emphasized Monday as House lawyers claimed broad powers to get any document should they decide to pursue impeachment despite state laws that keep ethics inquiries confidential. It was the first time the House has asserted in court its authority to get documents it may need to impeach Sanford.
The "House is entitled to access all relevant information that it so desires, and that access can only be limited by the South Carolina Constitution and the United States Constitution," the House's court filing said.
Harrell said Sanford is backing away from promises to keep the investigation open.
"If the Governor succeeds in breaking his promise to keep this process transparent, it will cause all of this to drag on and on," Harrell said in a news release.
Allowing one side's arguments to be aired and made public without the other side's is unfair, Fox said. And "short-circuiting the legal process for the sake of political payback is more than unwise, it's dangerous."Sanford and legislators have been at odds for most of his two terms in office. His second, final four-year term ends in January 2011.


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The Chief Justice. Gentlemen, this is an information presented by the Acting Attorney General, against the defendant, Robert Howe, Editor and Proprietor of the Sydney Gazette, for a libellous attack contained in that Journal, of the 14th instant, on the character of Saxe Bannister, Esq. in his office as Attorney General of the Colony. Mr. Bannister, now an Advocate of this Court, but lately holding the high office of Attorney General, opened the case, and, I must say, it was painful to me to hear him take so enlarged a review of public events connected with this Colony, as he thought proper to do, and the more painful as the nature of the prosecution did not require that latitude. Mr. Bannister, however, as a private Barrister, thought himself at liberty to take the range he did, and I would not interpose, though, as I have already said, it was painful to me to hear those observations on the Government which he deemed it necessary to make; as he should have recollected, there were other persons connected with, and who held offices under Government, who though they happened to differ in opinion with him, were, it is to be supposed influenced by motives equally pure as those which he assumed, and who had not an opportunity of vindicating themselves. I have thought it necessary to make these preliminary remarks, in order to prevent such a course of proceeding being drawn into a precedent, and serving as an example for future irregularities. The charge resolves itself into one of a very simple nature, namely, whether the publication in question, is, as it it [sic] is alleged to be, injurious to Mr. Bannister, in his office as Attorney General of this Colony. I state to you, gentlemen, that any writing having a tendency to degrade a man in society, or to blacken his character, is a libel, but that a libel against a public officer is visited with greater severity, inasmuch as it is, in fact, an attack on that Government of which he forms a part. It is, however, the right of the public to discuss the acts of a public officer, provided it be conducted within the legitimate bounds of fair discussion; but if, on the contrary, it degenerate so as to impute bad motives and wicked conduct, it is then no longer fair, it is libellous. Laying down these remarks as applicable to the matter before us, I now proceed to examine the particular parts of the paper which has been put in evidence; but, before I commence those observations which I may find it necessary to offer, I think it but fair to read the whole of the article through; for, though particular passages have only been laid in the information, it is still the right of the defendant to have the entire read, and therefore, instead of giving it piecemeal, I will read the whole through, and then proceed to offer my remarks on those passages which are laid as libellous. [His Honor then read the entire of the article from the Gazette of the 14th instant, and continued.] A portion of this writing has been selected as the grounds of the present prosecution, and, as you, gentlemen, may not be in the habit of seeing instruments of this nature, I will explain to you that, in informations for libel, it is usual to apply to each passage what is called an inuendo, setting forth the meaning which the party who conceives himself libelled believes they bear, and it is for you to see whether that construction so put upon them is, in your opinion, correct. The information is divided into two counts; the first count extracts a larger portion of the article as libellous; the second count refers only to one particular part. It charges that the defendant, Robert Howe, devising and intending to asperse and defame Sax Bannister, Esq. did publish certain defamatory matters of and concerning the said Sax, and which are contained in the words and figures following, that is to say, "An Attorney General, not that we would have any gentleman act contrary to his own political principles, should never allow any party, or faction, so to operate upon his mind and give a bias to his views, which would tend to effect a disunion between the immediate members of the government, which it is so desirable should ever harmonize, as a well-tuned instrument, however diversified might be its strings," The sense put upon this passage is, meaning thereby, that the said Sax Bannister had allowed some person to put a bias on his mind, so as to create a disunion between the members of the Government. But, gentlemen, does this passage bear the meaning which, by inuendo, is given it? Do you consider it meant that the Attorney General did allow such a bias to be put upon his mind? The charge is taken from the first part which states that, an Attorney General should not do certain things, and the inference put on it is, that Mr. Bannister had! Now, I must own, I do not think the passage will bear that construction. The writer then goes on to observe on various abstract propositions, and sums up all in these words, "thus it will appear, in our humble opinion, that an Attorney General should be a good lawyer, if an orator, so much the better - a lover of virtue and religion - an enemy to every species of vice - a stickler for justice - a friend of humanity - an enemy to oppression - and the staunch and most steady prop of the administration." This is the sum of what, in the writer's opinion, should be the general qualifications of an Attorney General, and would it, then, be just to say, it was therefore meant that the late Attorney General was not all this? Gentlemen, I do not think it fair to put such a construction on it. It is an abstract view, as I take it --- a hypothetical position of what an Attorney General should be. The writer says, the Attorney General should be the Governor's lawyer, and also states how, according to his notions, he should act; but I do not think, therefore, that the natural inference should arise that Mr. Bannister did not do all this. Such a construction would be quite irreconcilable with the latter part of the same article, in which the writer pays so many handsome compliments to Mr. Bannister, for his amiable and upright conduct in public and in private life. I must own, I cannot think myself that the passage bears this construction; but you, gentlemen, are the judges, and while I state to you my general impression, if you should be of opinion that the meaning put upon this paragraph is correct, and that the writer in pointing out the qualifications which an Attorney General should have, meant to insinuate that Mr. Bannister wanted these qualificasions [sic], if it appears to you that the praises which are subsequently bestowed are ironical, are insincere, though I must say that, throughout the whole of the article, in pointing out the abstract qualifications of an Attorney General, it would be unfair to suppose it to be therefore meant that the late Attorney General failed in those qualifications, but still if it should be your opinion that such was the meaning the writer intended to convey, then the passage is libellous. With respect to bias, that charge may be perfectly innocent. It is a common expression to say, that a man acts under a bias, under influence. If, however, an officer in a public situation suffers a bias to take possession of his mind, it is, no doubt, highly discreditable to him, and therefore criminal to charge him with it. But then the question is whether it was wilful, and I leave it to you, gentlemen, to say, whether, in your opinion, the meaning put upon it is the true one. I am of opinion, however, that it was not intended to be distinctly charged that he did so wilfully; for, in another passage it is stated to have been unconscious, and certainly if it were unconscious on his part, it was not criminal in a public writer to say so. We now pass on to the next alleged libellous passage which charges that "Where parties find that a Governor is impenetrable to other than open and fair representation, their movements will obviously incline towards his legal adviser, and if the Attorney General should be so unfortunate as not to have his eyes wide open, and to possess too much credulity, the inevitable result will be, that anarchy and dissension will creep in, to the injury of good will and good government, and it will be ten to one, in the event of the Governor being a firm and inflexibly just Ruler, that the Attorney General, sooner or later, becomes the victim of that party who may have sacrificed him either to their disappointed ambition, or because such political schemes could not be brought to bear which would tend to the pecuniary injury of all - themselves excepted." Now I can hardly call this a conveyance of a charge, even if it were so, which the law considers libellous. Is it libellous to charge a man with credulity? Certainly not. It may not be true, it may be his weakness, it may be misfortune. If it were insinuated that the credulity ascribed is voluntary, is wilful, the case would be otherwise, but with respect to the mere charge itself, I do not think it libellous, and I have, therefore, no hesitation in disposing of this part of the question altogether. "We have already observed that we would not suggest that an Attorney General should meanly crouch to the dictates of any Governor, supposing those dictates should be contrary to British law, and, of course, dissonant with his own views; but whilst this concession is tendered, we must observe, it is only the duty of our Attorney General to advise, it being the Governor's province to rule, which brings us to the declaration that an Attorney General even, however high in rank, and legally constituted his mind, still it is his duty, or else why does he take the office, to forego the expression of private feeling, so that the Governor act not contrary to law, and with a view to the ends of public justice: An Attorney General, therefore, by adhering to this line of conduct, would avoid many quicksands and shoals,
The Jury left the box, for about five minutes, and returned with a Verdict of --- Not Guilty.
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TYPE 2 diabetes causes a person's blood sugar levels to become too high and can lead to serious long-term health problems if left untreated. Limiting certain foods is one way to control blood sugar. Another could be to eat more of a certain creamy dessert.


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Der Duridanov Peak (englisch; ) ist ein  hoher und spitzer Berg im Hauptkamm der nördlichen Sentinel Range des Ellsworthgebirges im westantarktischen Ellsworthland. Er ragt 5,67 km nordöstlich des Mount Dalrymple, 2,48 km ostnordöstlich des Nikola Peak, 6,65 km südwestlich des Mount Malone und 9,23 km nordwestlich des Mount Schmid aus einem 9,15 km langen Berggrat auf, der sich vom Mount Dalrymple in ostnordöstlicher Richtung zum Robinson-Pass erstreckt. Der Sabazios-Gletscher liegt nördlich von ihm.

US-amerikanische Wissenschaftler kartierten ihn 1961. Die bulgarische Kommission für Antarktische Geographische Namen benannte ihn 2014 nach dem bulgarischen Linguisten Iwan Duridanow (1920–2005).

Weblinks
 Duridanov Peak im Composite Gazetteer of Antarctica (englisch)

Berg im Ellsworthgebirge
Sentinel Range