text:
From the Composer (1) 1 post
From the Artist (5) 5 posts
Featured Composer (14) 14 posts
From ASAP (4) 4 posts
From the Composer
Featured Composer
From ASAP
brendanjacklin
The Piano Sonatas of Galina Ustvolskaya
How does one understand a composer whose music is often described as enigmatic, who considered her music to be beyond analytical approach (Nalimova 56), and whose publisher described her compositions as having "her own language, which is unique and is beyond any form of analysis" (Derks 33)? How do you approach a woman whose music has been characterized as Russian nihilism (Blois 11), hallmarked by brutality (Ross H23), and as a "pure manifestation of life of the spirit… it is the music of the subconscious" (Nalimova 41)?
Though not as well known as many of her Soviet contemporaries, Galina Ustvolskaya (1919–2006) is a powerful figure of her era. Her compositional oeuvre is small (just twenty-one acknowledged works, rarely reaching twenty minutes in length), yet it contains a purity and hypnotic power that is rare.
Ustvolskaya's Life
Born in St. Petersburg (then called Petrograd) into a middle-class family, Ustvolskaya's childhood was unhappy and lonely, where
"[she] used to walk around the city for hours, often missing lessons, and would come home very late. I [Ustvolskaya] did not want to go there, I knew I would be told off and even punished (Nalimova 41)."
Many critics attribute her reclusive behavior and severe compositional style to her troubled childhood, beginning a lifelong hermetic life from a young age. She began her serious musical studies at the small music college attached to the Leningrad Conservatory (Petrograd now called Leningrad) in 1937, continuing her studies at the Conservatory with Dmitri Shostakovich in 1939, which lasted through her postgraduate studies, finally graduating in 1950. She began teaching at the music college in 1947, teaching until the day of her 55th birthday in 1975.
For many people, it is through her connection with Shostakovich that the name of Ustvolskaya is familiar. However, her relationship with Shostakovich remains convoluted and contentious, with many falling-outs between the former teacher and student. Though Shostakovich seems to have greatly valued his relationship with Ustvolskaya—sending her compositions for comments, quoting her works in his own music, and even proposing to her after his first wife died in 1954 (Blois 10)—she did not always reciprocate this seemingly positive relationship. She denied that it was Shostakovich who defended and promoted her early compositions while studying at the Leningrad Conservatory, rather saying it was Mikhail Gneissin. She likewise denies Shostakovich's influence on her compositions, with her publisher Viktor Suslin saying
"it took Galina almost superhuman strength to avoid his influence; she is the only one of Shostakovich's pupils who did not become his clone (Derks 32)."
Ustvolskaya spent her entire life in St. Petersburg, only once venturing out of Russia. Though her music did have its champions (such as her husband and former student Konstantin Bagrenin, and pianist Oleg Malov), her own reclusiveness and the persecution of the Soviet authorities delayed both performance and publication of many of her her works by twenty years (Jeremiah-Foulds 23). It was not until the 1980s and 90s that her music spread to the West (Ross H23). Today, her complete oeuvre has been recorded multiple times.
Understanding her piano sonatas, which span her entire compositional career, is no easy task. The six sonatas (making up over a quarter of her published works) contain many technical and musical difficulties, including both extended notation and techniques. Her Sonata #1 (1947, published in 1973) was written while she was still a student. This was quickly followed by Sonata #2 (1949, published 1969), in which she began characteristic notational and musical trends that lasted throughout the rest of her sonatas. Sonata #3 (1952, published 1974), and Sonata #4 (1957, published 1971) comprise her "middle period," followed by two late pieces, Sonata #5 (1986, published 1989), and Sonata #6 (1988, published 1989).
Ustvolskaya's Musical Language
Though Ustvolskaya denies any outside influence in her music, many writers have identified several important influences: composers such as J. S. Bach and Modest Mussorgsky, musical styles including expressionism, minimalism, and Baroque polyphony, literary and philosophical figures such as Nikolai Gogol, Fyodor Dostoevsky, and Thomas Mann, and Russian traditional folk music, religion, and chant, called znamenny raspev. Even if Ustvolskaya did not intend these influences, they can be useful in interpreting her music and understanding her style.
Musicologist Elena Nalimova suggests that it is the overall philosophy and "Russianness" of both Gogol and Dostoevsky that can be found in Ustvolskaya's music. She writes that Gogol's work contains a unique "Russian darkness" and a spiritual searching, both of which she finds present throughout the emotional mood conveyed in Ustvolskaya's music (Nalimova 116). With Dostoevsky, she identifies the common theme of a spiritual awakening through suffering, something that is keenly felt in the painful and often intense music of Ustvolskaya (Nalimova 124). The pounding rhythms and sometimes almost brutal dissonance often dissolves into a quiet solitude, such as the subito transition between ffff and ppp found near the conclusion of her Sonata #2 (see Example 1).
Example 1 Ustvolskaya, Sonata #2, second movement, final systems.
© With kind permission MUSIKVERLAG HANS SIKORSKI GMBH & CO. KG, Hamburg
Understanding the musical influences that may have acted upon Ustvolskaya's music is complicated. Musicologists have suggested an extensive list of possible composers: J. S. Bach, Pyotr Tchaikovsky, Modest Mussorgsky, Shostakovich, Igor Stravinsky, Erik Satie, John Cage, Henry Cowell, Béla Bartók, Paul Hindemith, Olivier Messiaen, Giacinto Scelsi, and Louis Andriessen. Several of these names, such as Bach, Mussorgsky, Tchaikovsky, and Stravinsky come to us through Ustvolskaya's students, listing composers whose music she emphasized for their studies. Tellingly, Ustvolskaya denies knowing the music of many of her contemporaries, including the influence of expressionism and minimalism (Derks 32). Her reputation as a recluse, combined with the difficulty of obtaining the music of contemporary Western composers before the fall of the Soviet Union lends credence to this claim.
Personally, I believe that it is Bach's influence that is most beneficial when approaching these sonatas. Polyphony plays an important role in every sonata, with two or more melodic voices often appearing together. The opening gestures in her Sonata #3 provide a clear example of two-voice polyphony, each voice moving independently (see Example 2).
Example 2 Ustvolskaya, Sonata #3, first two systems.
Another example of Bach's influence can be seen in Ustvolskaya's use of chorale-like textures. Looking again at Sonata #3, there is a clear three-voice chorale with phrases denoted by fermatas (see Example 3). Understanding and identifying both polyphony and chorales can determine what musical gestures should be at the forefront, and additionally helping both the performer and audience understand these difficult pieces.
Example 3 Ustvolskaya, Sonata #3, Tempo II.
One thing that is evident in all of these examples is Ustvolskaya's unique use of senza misura, here called mono-rhythm. Beginning with her Sonata #2, Ustvolskaya abandons traditional time signatures, often using 1|4 time, with rests indicated with numbers showing exactly how many beats each is worth. The result is an steady, inexorable pulse that many commentators link to the Russian tradition of znamenny raspev. This chant tradition is characterized through diatonic, stepwise melodies (with larger intervals found at cadential points), grouped into two- and three-note groups in a steady rhythm. Looking again at Example 2, we can see all of these characteristics: each voice is diatonic (though when combined they result in dissonance), and each voice is arranged into small groups that Ustvolskaya treats as motivic cells (Foulds 221). By understanding znamenny raspev, we are able to see phrases and cadential moments in the music that may otherwise remain hidden.
Extended Notation and Technical Difficulties
In addition to the mono-rhythm and unusual treatment of rests, Ustvolskaya's piano sonatas contain several instances of unusual beaming, multiple staves, accidentals, notation to indicate melodic voicing, clusters, and extreme dynamics that need to be examined.
All of the sonatas contain an unusual beaming, such as the ending of the first movement of her Sonata #1 (see Example 4). Though it may look difficult, the notation is simply to help clarify the many dissonant minor second intervals found throughout her music.
Example 4 Ustvolskaya, Sonata #1, first movement, last system.
Ustvolskaya's music, as previously discussed, is often melodically diatonic, with individual voices often remaining within a single tonal center. The result of this is her predilection for using either sharps or flats, but almost never both simultaneously. There are two visual results of this choice: the above notation being necessary to notate the minor seconds, and the appearance of a triple flat—the written B-triple flat is played as an A-flat, but maintains her desired melodic contour and diatonic area (see Example 5).
Example 5 Ustvolskaya, Sonata #3, pg. 12, second system.
In order to maintain polyphonic clarity, the third sonata also contains different grand staves, going between one, two, and three staves. Additionally, many of her sonatas contain other notation that is meant to clarify the voice-leading in her music. Especially evident in the fifth sonata, Ustvolskaya utilizes accent markings to emphasize which notes to voice in order to maintain a melody, especially as her later sonatas begin to explore cluster chords (see Example 6).
Example 6 Ustvolskaya, Sonata #5, first system.
In this example, we can see a number of examples of Ustvolskaya's unusual notation. The curious notation of the left-hand chords clearly denotes which notes are to be played, with the accent on the middle note emphasizing the melodic material. Additionally, the 'V' markings in the treble staff denote the phrase structure of the piece.
The fifth section of her Sonata #5 offers additional challenges, with Ustvolskaya writing one of her few examples of extended techniques. In Example 7, the left-hand chords are meant to be played with the left-hand knuckles, resulting in a clear and powerful cluster chord.
Example 7 Ustvolskaya, Sonata #5, section 5, first system.
Her Sonata #6 contains perhaps the most difficult notation, as the whole sonata is written with cluster chords. The following example illustrates the different types of cluster chords found in the music, as well as her notation for voice-leading.
Example 8 Ustvolskaya, Sonata #6, penultimate system.
The bracketed chords at the beginning of the system denote a cluster chord that is to be played between the notated pitches with the palm of the hand. Each of the following four notes is its own cluster chord. The angled 'V' (such as the one used below the E-flat on the second beat) is used to indicate an improvised cluster chord, with the top note of the chord notated on the staff. Additionally, the arrows found throughout the system show the voice-leading as it leaps between staves.
The last unusual technical difficulty found in each of these sonatas is Ustvolskaya's extreme use of dynamics, utilizing everything from pppp to fffff. Alex Ross writes,
"She [Ustvolskaya] has colonized the higher end of the dynamic spectrum much as Morton Feldman took possession of the lower (H23)."
Nalimova, after interviewing many performers of Ustvolskaya's music, suggested that
"by putting such extreme dynamics in her scores, Ustvolskaya simply indicated the points of highest emotional intensity, rather than asking for the loudest possible sound (76)."
The range in which each dynamic is written should also influence the interpretation of these dynamics, with the lower range resulting in a stronger sound. These intense dynamic changes, especially when paired with the dissonance and cluster chords, result in a ritualistic and sometimes painful approach to performance, both traits that Ustvolskaya attempted to emulate in her compositions (Foulds 76).
Ustvolskaya's music can be difficult to comprehend, and even more difficult to effectively perform. However, these sonatas have immense power and have an almost mystical conveyance of tragedy. Grappling with her unique notation, sense of phrasing, dynamic range, and aversion to conventional musical development is worth the effort, with an artistically fulfilling result.
Blois, Louis. "Shostakovich and the Ustvolskaya Connexion: A Textural Investigation. Tempo: New Series, July 1995.
Derks, Thea and Galina Ustvolskaya. "Sind Sie mir nicht böse! (Very Nearly an Interview)." Tempo: New Series, September 1992.
Jeremiah-Foulds, Rachel Claire. "Forging the 'Lady's Hammer': A Profile of Influence in the Life and Music of Galina Ustvolskaya. PhD diss., Goldsmiths College, University of London, London, 2015.
Nalimova, Elena. "Demystifying Galina Ustvolskaya: Critical Examination and Performance Interpretation." PhD diss., Goldsmiths College, University of London, London, 2012.
Ross, Alex. "A Grand Russian Original Steps Out of the Mist." New York Times, May 28 1995.
ustvolskaya
The Concerto (Part 1)
Sitting At The Piano
Thoughts & Conversations offers a space for composers, performers, musicians, and educators to explore topics of their choice, from social and racial issues to compositions and everything in between.


The doors of the new W Hotel have opened in Al Habtoor City, bringing it with it a brand new Friday brunch.
Level Seven's new Mediterranean Friday brunch – aptly named 'Feed Me' – boasts all the best brunch must-haves from live cooking stations to a dedicated dessert room (complete with chocolate fountain). Start your day off with a sharing seafood platter of lobster, prawns, ceviche and anything else fishy. For mains you can move on to a roast, mini lasagnes, lamb chops, chicken or anything else your heart (and belly) desires. I completely over did it with dessert, feasting on some of the best churros in town, lemon tart, popcorn and butter cream iced cake. One of my favourite things? The cocktail menu. In my opinion, if you're paying over Dhs400 for a brunch, you should not just be offered "house spirits, beer and wine" as your beverages of choice. Level Seven's cocktail menu has plenty of different options which look as good on Instagram as they taste in real life.


text:
Ian Boubila, né le  à Montauban, est un joueur français de rugby à XV qui évolue au poste de talonneur au Stade toulousain.

Biographie

Jeunesse et formation
D'origine mauricienne, Ian Boubila naît à Montauban. Il commence le rugby en 2007, à l'âge de cinq ans, au SC Nègrepelisse. Il y joue durant cinq années, puis intègre l'école de rugby de l'US Montauban en 2012. Il rejoint ensuite le Stade toulousain en cadets, en 2017, à travers le pôle espoir à Jolimont. Avec les espoirs du Stade toulousain, il est champion de France espoirs en 2021, lorsqu'il bat l'USAP en finale (29-22). Durant cette finale, il n'est pas titulaire, mais entre en jeu à la place de Guillaume Cramont en seconde période.

En début d'année 2021, il intègre également l'équipe de France des moins de 20 ans développement, pour y jouer un match contre les espoirs italiens. Il joue ce match que la France gagne 25 à 24.

Débuts professionnels au Stade toulousain (depuis 2021)
Lors de la saison 2021-2022, le Stade toulousain connaît une pénurie au poste de talonneur puisque Julien Marchand et Peato Mauvaka sont régulièrement appelés en équipe de France et que Guillaume Marchand est prêté au LOU. Il manque alors un talonneur pour suppléer Guillaume Cramont. Il profite alors de cette situation pour apparaître pour la première fois sur une feuille de match chez les professionnels le , lors de la neuvième journée de Top 14, face au Racing 92. À seulement 19 ans, il joue alors le premier match professionnel de sa carrière à cette occasion, quand il entre en jeu durant la deuxième mi-temps de la rencontre. Il connaît même sa première titularisation trois mois plus tard, durant la seizième journée de championnat, encore une fois face au Racing, palliant l'absence de Cramont. Il joue au total neuf rencontres dont une seule en tant que titulaire pour sa première saison avec les professionnels.

La saison suivante, en 2022-2023, la situation est la même pour Ian Boubila, qui est considéré comme le quatrième talonneur du Stade toulousain. À la mi-saison, il prolonge son contrat avec son club formateur de trois saisons, soit jusqu'en 2026.

Statistiques
Au , Ian Boubila compte douze matchs joués avec le Stade toulousain, tous en Top 14, sans avoir inscrit de points.

Palmarès
 Stade toulousain

 Vainqueur du Championnat de France espoirs en 2021
 Finaliste du Championnat de France espoirs en 2022

Notes et références

Liens externes

Joueur français de rugby à XV
Joueur du Stade toulousain
Talonneur (rugby à XV)
Naissance en janvier 2002
Naissance à Montauban

redpajama_set_name: RedPajamaWikipedia


IKEM and its highly qualified staff are involved in numerous scientific projects for public and private clients as well as authorities providing research grants.
IKEM analyses the processes of transformation between electricity and other energy carriers as well as their potential for creating a more sustainable energy system. This project is part of the federal research initiative "Kopernikus".
A coordinated offshore electricity grid concept for the Baltic Sea aims to increase and optimize the use of the region's offshore wind energy potential.
Germany's northeastern regions are showcasing concepts for intelligent and sustainable energy production. IKEM provides scientific support for the project by analyzing relevant legal barriers for the participants.
Despite European initiatives cross-border rail traffic still faces many obstacles. With the project Streamline, IKEM aims to simplify the process associated with obtaining a license to operate railway vehicles by identifying the legal bottlenecks and investigating the role of relevant actors.
IKEM has been involved in several projects concerning the evaluation and optimization of Germany's Renewable Energy Law (EEG Erfahrungsbericht).
In QUARREE100, IKEM and partners from industry and science are developing concepts for a sustainable conversion of energy supply in urban districts.
The Horizon 2020 project MEISTER aims to improve the conditions for the use of electromobility and the energy supply of vehicles.
In the KlimAW project, IKEM assesses how the wastewater industry can contribute to achieving climate protection and energy efficiency targets. The project also examines which adaptations of the legal framework could have a supporting effect.
Together with its partners, IKEM is developing a comprehensive concept for the electrification of private and public transport in the city.
Investigating climate finance dynamics and structures to finance the 2030 energy and climate targets.
The "Netz-Stabil" research network is investigating how a stable and reliable energy supply can be achieved despite fluctuating generation.


text:
Sharon Memorial Park is a Jewish cemetery located in Sharon, Massachusetts. This memorial park was established in 1948, the same year as the formation of Israel, it is situated on 317 acres of land within the towns of Sharon and Canton.

Notable interments
 Irving Fine (1914–1962), composer and conductor
 Richard Frank (1953–1995), actor
 Elizabeth Glaser (1947–1994), AIDS activist and former wife of actor Paul Michael Glaser
 Melvin J. Glimcher
 Edith Fishtine Helman (1905–1994), professor at Simmons College
 Minuetta Kessler (1914–2002), concert pianist, classical music composer, and educator
 Simon Kuznets (1901–1985), Nobel Prize recipient
 Daniel Lewin (1970–2001), entrepreneur who co-founded Akamai Technologies and September 11 attacks victim
 Sumner Redstone (1923–2020), businessman (ViacomCBS)
 William Rosenberg (1916–2002), founder of Dunkin' Donuts
 Mark Sandman (1952–1999), rock musician and songwriter

 Ruth Wallis (1920–2007), cabaret singer

References

External links
 Sharon Memorial Park

1948 establishments in Massachusetts
Cemeteries in Norfolk County, Massachusetts
Jewish cemeteries in Massachusetts
Jewish cemeteries in the United States
Cemeteries established in the 1940s


text:
Durante gli anni '80 militava nelle file della SAS e dal 1996 lavora come doppiatrice in esclusiva per la CVD.

Doppiaggio

Film
Maria Conchita Alonso in Ricercati: ufficialmente morti
Michelle Nicastro in Harry, ti presento Sally...
Brenda Bakke in Hot Shots! 2
Dolly Parton in Dalle 9 alle 5... orario continuato, Linea diretta - Un'occasione unica
Greta Scacchi in Misfatto bianco, I protagonisti
Angela Bassett in Tina - What's Love Got to Do with It, Supernova
Verónica Castro in  Angelino e il Papa
Nadia Bengala in Pierino torna a scuola
Debra Feuer in Il burbero
Sarah Berry in La casa 2
Tia Carrere in Resa dei conti a Little Tokyo
Mia Farrow in La rosa purpurea del Cairo
Melanie Griffith in Qualcosa di travolgente
Yuriko Hoshi in L'ultima guerra
Valérie Kaprisky in La medusa
Michela Miti in Pierino contro tutti, Pierino colpisce ancora
Sarah Jessica Parker in Navigator
Deborah Rennard in Lionheart - Scommessa vincente
Seka in Dolce Alice
Anna Nicole Smith in Una pallottola spuntata 33⅓ - L'insulto finale
Antonella Vitale in Grandi magazzini
Kristin Chenoweth in Conciati per le feste, Hit and Run
Diane Lane in Charlot
Diane Venora in Insider - Dietro la verità
Vinessa Shaw in Eyes Wide Shut
Kim Swann in La signora ammazzatutti
Joie Lee in Lola Darling
Sally Field in Fuga a quattro zampe, Quattro Zampe a San Francisco
Samaire Armstrong in Baciati dalla sfortuna
Dorothy Lamour in La principessa di Bali (ridoppiaggio)

Film d'animazione
Sassy ne In fuga a quattro zampe
Gnoma bambola in Gnomeo e Giulietta

Televisione
Verónica Castro in Angelino e il Papa
Demetra Hampton in Valentina
Nancy McKeon in L'albero delle mele
Jane Lynch e Amy Aquino in Desperate Housewives
Jewel Staite in Firefly
Melinda Culea in A-Team
Mariana Prommel in Incorreggibili
Siwan Morris in Skins
Teresa Caputo in Long Island Medium
Wendy Hoopes in LAX

Cartoni animati
Sara Clifton ne Il postino Pat

Note

Collegamenti esterni


text:
Q: Google Places API not showing in RecyclerView I made a simple project that aims to obtain data of nearby restaurants, and to populate a RecyclerView with it. However, when I ran the app with my code, nothing showed up. The logcat does not show any errors, and the app doesn't crash. Shown below is the code and the logcat. I would greatly appreciate your help. Thank you very much. (By the way, I omitted the api key from the sample code for this question.)
MainActivity.java
package com.example.matts.placessample;

import android.os.AsyncTask;
import android.os.Bundle;
import android.support.v7.app.AppCompatActivity;
import android.support.v7.widget.LinearLayoutManager;
import android.support.v7.widget.RecyclerView;
import android.util.Log;
import android.widget.Toast;

import org.json.JSONArray;
import org.json.JSONException;
import org.json.JSONObject;

import java.util.ArrayList;
import java.util.HashMap;

public class MainActivity extends AppCompatActivity {

    public static ArrayList<HashMap<String, String>> placeList = new ArrayList<>();
    public static HashMap<String, String> place = new HashMap<>();

    private PlacesAdapter mAdapter;
    private RecyclerView mRecyclerView;
    private LinearLayoutManager mLayoutManager;

    @Override
    protected void onCreate(Bundle savedInstanceState) {
        super.onCreate(savedInstanceState);
        setContentView(R.layout.activity_main);
        mRecyclerView = findViewById(R.id.recyclerView);

        mRecyclerView.setHasFixedSize(true);

        mLayoutManager = new LinearLayoutManager(this);
        mRecyclerView.setLayoutManager(mLayoutManager);

        mAdapter = new PlacesAdapter(this, placeList);
        mRecyclerView.setAdapter(mAdapter);

        new GetPlaces().execute();
    }

    private class GetPlaces extends AsyncTask<Void, Void, Void> {

        @Override
        protected void onPreExecute () {
            super.onPreExecute();
        }

        @Override
        protected Void doInBackground (Void... arg0) {
            HttpHandler sh = new HttpHandler();

            String url = "https://maps.googleapis.com/maps/api/place/nearbysearch/json?location=14.5649806,120.9934743&radius=500&type=restaurant&key=INSERT_API_KEY";
            String jsonString = sh.makeServiceCall(url);
            String TAG = "Hello";

            if (jsonString != null) {
                try {
                    JSONObject jsonObject = new JSONObject(jsonString);
                    JSONArray places = jsonObject.getJSONArray("results");

                    for (int i = 0; i < places.length(); i++) {
                        JSONObject p = places.getJSONObject(i);

                        String name = p.getString("name");
                        String vicinity = p.getString("vicinity");

                        place.put("name", name);
                        place.put("vicinity", vicinity);

                        placeList.add(place);
                    }

                } catch (final JSONException e) {
                    Log.e(TAG, "Json parsing error: " + e.getMessage());
                    runOnUiThread(new Runnable() {
                        @Override
                        public void run() {
                            Toast.makeText(getApplicationContext(),
                                    "Json parsing error: " + e.getMessage(),
                                    Toast.LENGTH_LONG).show();
                        }
                    });
                }

            } else {
                Log.e(TAG, "Couldn't get json from server.");
                runOnUiThread(new Runnable() {
                    @Override
                    public void run() {
                        Toast.makeText(getApplicationContext(),
                                "Couldn't get json from server. Check LogCat for possible errors!",
                                Toast.LENGTH_LONG).show();
                    }
                });
            }

            return null;
        }

        @Override
        protected void onPostExecute(Void result) {
            super.onPostExecute(result);
        }
    }
}

Adapter.java
package com.example.matts.placessample;

import android.content.Context;
import android.support.v7.widget.RecyclerView;
import android.view.LayoutInflater;
import android.view.View;
import android.view.ViewGroup;
import android.widget.TextView;

import java.util.ArrayList;
import java.util.HashMap;

import static com.example.matts.placessample.MainActivity.place;
import static com.example.matts.placessample.MainActivity.placeList;

class PlacesAdapter extends RecyclerView.Adapter<PlacesAdapter.PlaceViewHolder>{

    private static ArrayList<HashMap<String, String>> mPlaceList;
    private Context mContext;
    private LayoutInflater inflater;

    PlacesAdapter(Context context, ArrayList<HashMap<String, String>> list) {
        mContext = context;
        inflater= LayoutInflater.from(context);
        mPlaceList = list;
    }

    static class PlaceViewHolder extends RecyclerView.ViewHolder {
        private TextView name;
        private TextView vicinity;

        PlaceViewHolder(View itemView) {
            super(itemView);
            name = itemView.findViewById(R.id.name);
            vicinity = itemView.findViewById(R.id.vicinity);
        }
    }

    @Override
    public PlaceViewHolder onCreateViewHolder(ViewGroup parent, int viewType) {
        View itemsView = LayoutInflater
                .from(parent.getContext())
                .inflate(R.layout.list_item, parent, false);

        return new PlaceViewHolder(itemsView);
    }

    @Override
    public void onBindViewHolder(PlaceViewHolder holder, int position) {
        holder.name.setText(place.get("name"));
        holder.vicinity.setText(place.get("vicinity"));
    }

    @Override
    public int getItemCount() {
        return placeList.size();
    }
}

Logcat
10-14 15:04:55.276 21207-21207/? I/art: Late-enabling -Xcheck:jni
10-14 15:04:55.292 21207-21214/? E/art: Failed sending reply to debugger: Broken pipe
10-14 15:04:55.292 21207-21214/? I/art: Debugger is no longer active
10-14 15:04:55.292 21207-21214/? I/art: Starting a blocking GC Instrumentation
10-14 15:04:55.438 21207-21207/? W/System: ClassLoader referenced unknown path: /data/app/com.example.matts.placessample-2/lib/arm64
10-14 15:04:55.449 21207-21207/? I/InstantRun: starting instant run server: is main process
10-14 15:04:55.452 21207-21207/? V/Monotype: SetAppTypeFace- try to flip, app = com.example.matts.placessample
10-14 15:04:55.454 21207-21207/? V/Monotype:     Typeface getFontPathFlipFont - systemFont = default#default
10-14 15:04:55.518 21207-21207/? W/art: Before Android 4.1, method android.graphics.PorterDuffColorFilter android.support.graphics.drawable.VectorDrawableCompat.updateTintFilter(android.graphics.PorterDuffColorFilter, android.content.res.ColorStateList, android.graphics.PorterDuff$Mode) would have incorrectly overridden the package-private method in android.graphics.drawable.Drawable
10-14 15:04:55.526 21207-21207/? V/Monotype: SetAppTypeFace- try to flip, app = com.example.matts.placessample
10-14 15:04:55.527 21207-21207/? V/Monotype:     Typeface getFontPathFlipFont - systemFont = default#default
10-14 15:04:55.555 21207-21207/? V/BoostFramework: mAcquireFunc method = public int com.qualcomm.qti.Performance.perfLockAcquire(int,int[])
10-14 15:04:55.555 21207-21207/? V/BoostFramework: mReleaseFunc method = public int com.qualcomm.qti.Performance.perfLockRelease()
10-14 15:04:55.555 21207-21207/? V/BoostFramework: mAcquireTouchFunc method = public int com.qualcomm.qti.Performance.perfLockAcquireTouch(android.view.MotionEvent,android.util.DisplayMetrics,int,int[])
10-14 15:04:55.555 21207-21207/? V/BoostFramework: mIOPStart method = public int com.qualcomm.qti.Performance.perfIOPrefetchStart(int,java.lang.String)
10-14 15:04:55.555 21207-21207/? V/BoostFramework: mIOPStop method = public int com.qualcomm.qti.Performance.perfIOPrefetchStop()
10-14 15:04:55.557 21207-21207/? V/BoostFramework: BoostFramework() : mPerf = com.qualcomm.qti.Performance@f9a388e
10-14 15:04:55.557 21207-21207/? V/BoostFramework: BoostFramework() : mPerf = com.qualcomm.qti.Performance@db988af
10-14 15:04:55.657 21207-21207/? V/BoostFramework: BoostFramework() : mPerf = com.qualcomm.qti.Performance@2bdea7
10-14 15:04:55.657 21207-21207/? V/BoostFramework: BoostFramework() : mPerf = com.qualcomm.qti.Performance@caedf54
10-14 15:04:55.684 21207-21223/? D/NetworkSecurityConfig: No Network Security Config specified, using platform default
10-14 15:04:55.749 21207-21225/? I/Adreno: QUALCOMM build                   : dfab96b, I762e720a6a
                                           Build Date                       : 01/31/17
                                           OpenGL ES Shader Compiler Version: XE031.09.00.04
                                           Local Branch                     :
                                           Remote Branch                    :
                                           Remote Branch                    :
                                           Reconstruct Branch               :
10-14 15:04:55.754 21207-21225/? I/OpenGLRenderer: Initialized EGL, version 1.4
10-14 15:04:55.754 21207-21225/? D/OpenGLRenderer: Swap behavior 1
10-14 15:04:55.786 21207-21207/? W/art: Before Android 4.1, method int android.support.v7.widget.ListViewCompat.lookForSelectablePosition(int, boolean) would have incorrectly overridden the package-private method in android.widget.ListView
10-14 15:04:56.865 21207-21207/com.example.matts.placessample V/BoostFramework: BoostFramework() : mPerf = com.qualcomm.qti.Performance@1b40a67

A: Your adapter need to be notified after get new data.
Simplest way to do it is extract mAdapter to field and in onPostExecute call mAdapter.notifyDataSetChange()
Of course it will work only when you get proper answer from API.

redpajama_set_name: RedPajamaStackExchange


text:
Education Main
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Plan Research at OTS
Manage Research
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Las Cruces and Wilson Botanical Garden
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Research Stations Main
La Selva Research Station
Las Cruces Research Station
Palo Verde Research Station
Skukuza Research Station
Main Reservations
Long-term stays at OTS Research Stations
Natural History Visitors – Reservations
About Us Main
Purpose and Legacy
Tropical Ferns and Lycophytes
View cart "Ecología Tropical y Conservación (Costa Rica)" has been added to your cart.
In Costa Rica, Field, Graduate Programs, Ingles
When: Postponed until 2022 due to the Covid-19 pandemic
Where: Las Cruces and La Selva Research Stations
Credits: 2 Credits
Deadline: To be announced
Program Guide:
SKU: U-SA-AEC-2019-2-1
Housing/Meals
This course is designed to build the diverse skills needed for floristic, taxonomic, phylogenetic, and ecological research on tropical ferns. It is an intensive, 15-day field introduction to the identification, classification, phylogenetics, ecology, and reproductive biology of tropical ferns and lycophytes. Topics include fern taxonomy, ecology, ecophysiology, reproductive and gametophyte ecology, methods of field collection, and specimen preparation.
The course emphasizes the following topics:
Identification of tropical fern and lycophyte families and genera
Comparative morphology and anatomy of sporophytes and gametophytes
Phylogenetic relationships of the major clades
Methods of field collection and specimen preparation
Reproductive and gametophyte ecology
Hybridization and polyploidy
Fern ecology
San José. Students receive an introduction to the course at the OTS office, review equipment, buy rubber boots at Mercado Central, and welcome dinner.
Las Cruces Research Station, 1100 m elevation. Situated in premontane rain forest on the Pacific slope, Las Cruces has a world-class plant collection in the Wilson Botanical Garden and an associated 160-hectare tract of old growth mid-elevation forest. Las Cruces is surrounded by agricultural landscapes, ideal for research on fragmentation and restoration ecology. Las Cruces harbors 10 species of lycophytes and 125 species of ferns.
La Selva Research Station, 50 m elevation. Situated in wet lowland rain forest on the Atlantic slope, La Selva is not only OTS' largest and longest-running station but also one of the world's premiere centers of tropical forest research. Over 1,500 hectares of old- and second-growth rain forest is readily accessible via an extensive trail system. Besides its impressive forest and excellent laboratory and classroom facilities, one of La Selva's great assets is the opportunity to interact with researchers from around the world. In addition, the station connects to Braulio Carrillo National Park via a forested altitudinal transect ranging from 30 to 2,500 meters above sea level. La Selva harbors 13 species of lycophytes and 178 species of ferns.
The course is an intensive field course that runs all day. It begins with breakfast at 6:30 am. Lectures or fieldwork begin by 8:00 am. Lunch is at 12:00 pm, and dinner at 6:00 pm. Dinners are usually followed by a lecture and/or group discussions.
Tropical Ferns and Lycophytes course tuition will be announced soon. Students from non-OTS institutions are charged full tuition, whereas students from OTS member institutions will be given an OTS scholarship.
Cost includes all lodging and meals, transportation during the course, and all course materials. Personal expenses such as laundry, mail, entertainment, international travel, insurance, medical expenses, etc., are not covered. Also, students planning additional time in Costa Rica before or after the course should allow $50-60 per day.
Course fees are due in full one month prior to start of course.
Additional scholarships may be available for students with demonstrated financial need. If you are interested in being considered for a partial scholarship, please make sure to include a request for a partial scholarship along with the rest of the required documents. The letter should outline your financial situation, previous scholarships/grants, if any, and the amount you are seeking from outside sources to cover the costs of the course. The letter will help us asses your situation individually and determine your eligibility for a partial scholarship if you are selected for the course.
Please note that scholarships are awarded and applied only to the tuition/course cost. They cannot be applied in any other way. For example, scholarships cannot be applied toward travel expenses. Although we may be able to award a partial scholarship, we recommend that you seek outside funding for the course through you own means, such as applying for grants from your home department or organizing small fundraisers.
Tropical Ferns and Lycophytes has three full-time coordinators and a teaching assistant from renowned universities worldwide. This edition of the course will be led by Drs. Robbin Moran, Eddie Watkins, and Alejandra Vasco.
Dr. Robbin Moran is the Nathaniel Lord Britton Curator of Botany at the New York Botanical Garden, and his main interests are the evolution, geography, and ecology of ferns and lycophytes. He has published four books and over 160 papers on ferns. Robbin was the main writer, editor, and organizer for the pteridophyte volume of Flora Mesoamericana, a work that treats the ferns and lycophytes (nearly 1400 species) occurring from southern Mexico to Panama. He has co-organized ten OTS Tropical Plant Systematics courses and several Spanish-language versions of the course. You can view Robbin's web site at https://www.nybg.org/person/robbin-moran/.
Dr. Eddie Watkins is a Professor in the Department of Biology at Colgate University in New York. He is a plant ecophysiologist, who focuses on ferns with special interest on the reproductive ecology of tropical and temperate species. He has published dozens of papers on the functional ecology of ferns and is best known for his contributions to the understanding of gametophyte ecology and physiology. He has worked in Costa Rica for over two decades and has co-organized the Tropical Ferns and Lycophytes course and served as a resource person for both the OTS Tropical Plant Systematics and Tropical Biology courses.
Dr. Alejandra Vasco is a Research Botanist at the Botanical Research Institute of Texas. She is a native of Medellín, Colombia, and has extensive tropical field experience. Much of her work on ferns has been with Elaphoglossum. Her research incorporates traditional morphological and developmental techniques, fieldwork and herbarium work, combined with molecular genetics and comparative genomics. Alejandra was a student of the 2008 version of the Tropical Ferns and Lycophytes course and has been an invited faculty of the last three versions of this same course.
Invited Faculty List
Students will have the opportunity to interact with, be taught by, and participate in group field projects with faculty from many different universities and research interests.
Dr. Emily Sessa – University of Florida
It is important to recognize that the OTS program differs from typical on-campus life.
Though you may have one or two roommates on campus, in Costa Rica you will be living closely with 15-22 other students and 2 to 5 professors and/or field assistants. This means communication and respect will be crucial. All of us need to be as open, honest, and cooperative as possible. We also need to have sincere respect for one another, regardless of different opinions and lifestyles. This includes respect for privacy, respect for rules and regulations, and even respect for the fact that unpredictability is an inherent feature of field-based programs such as ours. Indeed, next to communication and cooperation, flexibility and a good sense of humor are the most important characteristics of a successful student in our program. By living and working with the same people for several weeks, you will undoubtedly develop a number of very close friendships. The combination of uncomfortable (being wet, muddy, and tired), wacky (a bunch of Gringos on the dance floor), wonderful situations (watching iguanas sunning on the bridge at La Selva), and truly amazing (interacting with people from all sorts of backgrounds in very different settings) creates great images and memories. You will, for sure, share these experiences with your fellow participants well beyond the end of the course.
As OTS students, you must not only be proactive in asking the questions (and finding the answers) that are important to you, you must also be ready to share your own knowledge and experience with the rest of the group.
A note on Costa Rican customs and culture:
You will be a guest in Costa Rica, and consequently you will need to be sensitive to and respectful of Costa Rican customs and culture. In general, Costa Ricans ("Ticos" and "Ticas") are warm, friendly, and courteous. We encourage you to interact with many Ticos, and we hope you will develop some good friendships.
It is important to remember that certain behaviors that are acceptable among fellow classmates at an OTS site may not be acceptable when dealing with non-course participants. For example, Costa Ricans tend to be conservative in their attitudes toward nudity and sex. Thus, stages of undress that are acceptable and inevitable in field station dormitories are offensive in public. Also, nudity on beaches, no matter how apparently deserted, is inappropriate.
Costa Ricans tend to be much more tolerant of noise (say, the loud music coming from the neighbor's house or the children shouting and running in the living room) than many of us are in the U.S. While we ask that you be respectful of Costa Rican ways and customs, we also understand that cultural norms can often be subtle, complex, and even counter intuitive. If you would like some advance preparation regarding Ticos and their way of life, we suggest you read Biesanz, et al. The Ticos Culture and Social Change in Costa Rica (1999, ISBN 978-1555877378) before coming to Costa Rica. Other sources you should consider are Palmer and Molina's (2004) The Costa Rica Reader History, Culture, Politics (ISBN 0-8223-3372-4), Baker's (2015) Moon Costa Rica, and Coates' (1997) Central America, A Natural and Cultural History (ISBN 0-300-08065-4). Please feel free to ask OTS staff if you have any questions regarding cultural differences and norms at any time.
Passport & Visa Information
You must have a valid passport to travel to Costa Rica. It is important that the passport does not expire within six months of entering Costa Rica. If you are NOT a citizen of a North American or European country, you will probably need a special visa to get into Costa Rica. We recommend that you contact your respective consulate or embassy services to determine if you need a visa to travel to Costa Rica. It is important to take into account the requirements to get a visa approved before you apply for one of our courses. If you are accepted into one of our courses, we will provide any information necessary, within reason, to help with the visa application. Please keep in mind that the visa application processes can take several months, depending on the country of issue. For more information on this topic please visit http://www.migracion.go.cr/extranjeros/visas.html.
U.S. citizens entering Costa Rica are automatically granted a 90-day tourist visa. Students planning to stay in Costa Rica after the program end date need to take this into account.
Please consult OTS if you have any questions.
In Costa Rica, Espanol, Field, Graduate Programs
Ecología Tropical y Conservación (Costa Rica)
Tropical Biology: An Ecological Approach (Costa Rica)
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In Ingles, Online, Science Communication, Tuition
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redpajama_set_name: RedPajamaCommonCrawl


On 8-8-1998 Shawn Mendes (nickname: Shawn) was born in Toronto, Ontario, Canada. He made his 15 million dollar fortune with Handwritten, The Shawn Mendes EP, "Life of the Party". The musician is currently single, his starsign is Leo and he is now 20 years of age.
Where does Shawn Mendes live? And how much money does Shawn Mendes earn?
Residence He owns an apartment in Toronto, Ontario, Canada.
Who is Shawn Mendes dating in 2019?
Shall the Canadian musician Shawn Mendes find love in 2019?
This cool friendly fun musician originating from Toronto, Ontario, Canada has a slim body & oval face type.
Shawn Mendes - 2019 Dark brown hair & alternative hair style.
Does Shawn Mendes have official Social Media profiles?


text:
You are readingIndividual Netflix Accounts to Feature Multiple Profiles
June 16, 2013.By AlexandruinAnnouncements
Individual Netflix Accounts to Feature Multiple Profiles
People have been sharing Netflix accounts with their friends and family for ages, now, but that caused a series of inconveniences that Netflix is going to fix in its next update.
This must be their way of saying "We know you've been sharing your accounts and we're willing to help you do that in a better way." The problem with sharing the account with someone else was that the recent history and the recommendations were no longer personalized. The more people were involved, the greater the mess. In an attempt to make this better, Netflix plans to implement multiple profiles per subscription, so that each user has the recommendations tailored to his needs and tastes.
Tom Yellin, the Netflix VP of Product Innovation, demoed in an interview for Yahoo News how this is going to be implemented. On an iPad, he revealed a prototype start screen that featured icons for each of the profiles. Since it was a prototype, some things could change by the time this update gets public. Still, the concept will remain unchanged. The same way people use multiple accounts on their personal computers, while owning a single operating system license, they will be able to use multiple profiles with their Netflix accounts, too. The company has to decide whether the maximum number of profiles per subscription is five or six, but either way, this is more than enough for most families.
Users hope that each Netflix profile will have separate parental controls. Moreover, some suggest that it'd be nice to have the ability of password protecting each of the profiles. Another option would be to make an iOS/Android app specifically for kids, if parental controls are not implemented for each profile. Netflix has a "Family plan" in the works, so separating the content depending on the age of each user is a must.
On top of that, users would appreciate if programs could be removed from the "Recently watched" list because of two reasons. First of all, their curiosity might push them to make unwise choices regarding the programs, and such choices shouldn't be permanently reflected in their profile, especially if they watched the program only for a brief period of time. Secondly, receiving recommendations based on those unwise choices would be unwanted. Netflix loves getting feedback from its users, so if this update won't include the suggested features, a future one most certainly will.
If you liked this post, please check the Shirtpocket digital television and this transparent television screen.
tags: Family Plan, Multiple Profiles, Netflix Accounts, Netflix for iOS, Netflix Profiles


text:
import { expect, use as useInChai } from 'chai';
import * as sinonChai from 'sinon-chai';
useInChai(sinonChai);

import {
  beforeEach,
  describe,
  it,
} from 'mocha-sugar-free';

import {
  stub,
} from 'sinon';

import {
  createMockObserver,
} from 'material-motion-testing-utils';

import {
  MotionObservable,
} from '../../../observables/';

describe('motionObservable._filter',
  () => {
    let stream;
    let mockObserver;
    let listener1;

    beforeEach(
      () => {
        mockObserver = createMockObserver();
        stream = new MotionObservable(mockObserver.connect);
        listener1 = stub();
      }
    );

    it('should only pass through values that pass the test',
      () => {
        const isOdd = x => x % 2;

        stream._filter({ predicate: isOdd }).subscribe(listener1);

        mockObserver.next(1);
        mockObserver.next(2);
        mockObserver.next(3);

        expect(listener1).to.have.been.calledWith(1);
        expect(listener1).not.to.have.been.calledWith(2);
        expect(listener1).to.have.been.calledWith(3);
      }
    );
  }
);

redpajama_set_name: RedPajamaGithub


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Returning to Mannheim, Germany, the second GUITAR SUMMIT, Europe's newest guitar event, will take place on the weekend of September 7 – 9, 2018.
Once again, the event will feature a complete program in Mannheim's Rosengarten, and visitors can look forward to more than 120 WORKSHOPS, dedicated to guitars, basses, pedals, and amps.
MORE THAN 350 BRANDS ARE PARTICIPATING!
The list of exhibitors continues to grow! More than 350 brands have confirmed their participation, and they can be viewed at www.guitarsummit.de/aussteller/.
There could be no Guitar Summit without live music. Like last year, we'll end the Friday and Saturday of the event with a Live Music Party, with Friday night being all about the acoustic guitar, and Saturday cranking it up to be loud and electrified.
Friday evening's Guitar Summit Acoustic Party will be the grand finale of the Guitar Summit Unplugged Tour, which will be playing throughout northern Germany prior to the event, and which includes fingerstylists Magdalena Kowalczyk (Poland), Regina Bakhritdinova (Russia) und Illona Bolou (France). Fingerstyle guitar fans will not want to miss this show!
Only 17 years old, Marcin Patrzalek has already received the first prize at Poland's largest TV talent show, Must Be the Music.Having started to play guitar at the age of ten, he has developed into an excellent fingerstyle guitarist with widespread success on Facebook and YouTube.
Heavy metal and nylon strings? Dutch guitarist Thomas Zwijsen is known for his Nylon Maiden project,where he plays classic song by IRON MAIDEN, arranged for solo nylon-string guitar. His flamenco-inspired playing leaves no question that this is a winning combination!
Last but not least, due to the overwhelming response from last year's Guitar Summit, we invited England's Jon Gomm back to knock us out with another breathtaking performance.
Saturday evening's Guitar Summit Electric Party is bound to be equally diverse.
Marcus Deml's blues-rock formation The Blues Poets creates a classic, organic, authentic sound, and with its authentic vibe, the band is a return to his musical roots of Jimi Hendrix, B.B. King, and Deep Purple.
Sommerplatte, a band formed around Echo-Jazz prize winner Hanno Busch and bass player Claus Fischer, creates a symbiosis of genres by combining jazz with the loop-based aesthetic of electronic music and the catchy qualities of pop. Required listening, even for those who aren't jazz fans!
The evening culminates with the Guitar Summit All Star Jam, where Thomas Blug and his Rockanarchie will deliver a rock 'n' roll firework with numerous special guests, including Uli Jon Roth and Phil X. As one of Germany's most famous guitarists, Roth is known to rock fans as the mastermind behind the Scorpions, and he is universally considered a gifted improviser and respected for his fusion of tradition and innovation. Roth has been a major influence on international guitar stars such as Metallica's Kirk Hammet and Scandinavian virtuoso Yngwe Malmsteen. Roth's tonal spectrum covers a wide range between rock and classical. Canadian guitarist Phil X plays with Bon Jovi, and he is also a busy studio musician who can be heard on countless albums by artists such as Tommy Lee, Kelly Clarkson, and Alice Cooper. In Bon Jovi, he took the over the role vacated by Richie Sambora.
Also scheduled to participate in the All Star Jam is bassist extraordinaire Stu Hamm, whose innovative playing is can be heard with Joe Satriani and Steve Vai, with whom he is a frequent sideman. Hailing from San Francisco, Hamm also tours as a solo performer and teacher, and there is no doubt that he is one of the most influential electric bassists of the last half century.
But this is still not the entire lineup – Once again, we'll soon be announcing additional All Star Jam participants!
And the best part: Admission to these events is part of the Guitar-Summit ticket!
Once again, the Guitar Summit will include a particularly attractive and extensive program of workshops. As such, SEVEN DIFFERENT STAGES will feature more than 100 WORKSHOPS revolving around guitar, bass, pedals, amps, and recording. The names of presenters are trickling in, and visitors can look forward to satisfying their desire to learn with a wide variety of workshops an clinics. Information on the individual offerings and further announcements will follow shortly.
Once again, I'm Sound will be a Guitar Summit partner. A branch of the Mannheimer Versicherung insurance specialists, the young company specializes in insurance for musicians their equipment, covering just about all the risks that a musician's life may encounter. With its I'm Sound stage, the company presents one of our workshop locations. More info at www.sicher-laut-leben.de.
Familiar from last year's event, Musik Produktiv will be presenting its Tube-Ampfinity system. Allowing guitarists to combine and compare amps and speaker cabinets with the push of a button, this setup is a certain highlight of the Guitar Summit Amp World. And this year, bassists will be able to benefit from a similar switching system with the specially created Bass-Ampfinity, which allows the combination of various bass amps and speaker cabinets, again, with nothing but bush of some buttons.
Speaking of the Guitar Summit Amp World: We are changing the setup in the facility to create better room acoustics and ideal conditions for testing the gear.
Following excellent feedback from last year's event, Studio Scene will return to the Guitar Summit. This is where you'll find workshops and clinics with acclaimed authors, professionals, and first-rate studio players, who will cover all areas of the recording process.
Responding to the immense popularity of the Boutique Area, this year's Guitar Summit will see this area further expanded. Many of last year's exhibitors are returning, including several members of the European Guitar Builders e.V.(EGB), who will either participate in the EGB-booth or have their own tables.
Nobody will go hungry at the Guitar Summit! As was the case last year, a Food Truck Festival located immediately outside the event's entrance offers culinary diversity.


text:
Can the defendant plead that will is suspicious due to the exclusion of siblings if siblings have not raised that issue?
TESTAMENTARY COURT:
24.A testamentary court is not a court of suspicion but that of conscience. It has to consider the relevant materials instead of adopting an ethical reasoning. A mere exclusion of either brother or sister per se would not create a suspicion unless it is surrounded by other circumstances creating an inference. In a case where a testatrix is accompanied by the sister of the beneficiary of the Will and the said document is attested by the brother, there is no room for any suspicion when both of them have not raised any issue.
ON FACTS
25.The Appellant has duly complied with the mandate of Section 63 of the Indian Succession Act along with Section 68 of the Indian Evidence Act. PW2 being the brother of the Appellant and the other sister, Ms. Kantha Lakshmi were present at the time of execution of Exhibit P4. They have not raised any demur. Both the Courts found that Exhibit D1 is a forged and fabricated document. The alleged mortgage in favor of Respondent No.1 has not been proved. The Appellate Court, in our considered view, has unnecessarily created a suspicion when there is none. The Respondents have not denied the
factum of the execution of Exhibit P4. The very fact that they made reliance upon Exhibit D1, which took note of Exhibit P4 as validly done, there is no need for any suspicion on the part of the High Court. That too, when the Trial Court did not find any. Such a suspicion, as stated earlier, did not arise from either of the siblings of the Appellant who would otherwise be entitled to a share in the Suit Property. Their exclusion will not enure to the benefit of the Defendants who are bound by the recitals under Exhibit D1 and averments made in their written statement.
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.1376-1377 OF 2010
V. PRABHAKARA Vs BASAVARAJ K. (DEAD) BY LR. & ANR.
Author: M.M. SUNDRESH, J.
Dated: October 07, 2021
BACKGROUND FACTS:
1. The Suit Property originally belonged to one Ms. Jessie Jayalakshmi (since
deceased). The deceased Ms. Jessie Jayalakshmi, a spinster, was the maternal
aunt of the Appellant/Plaintiff. Mr. Vijay Kumar and Ms. Kantha Lakshmi
were his brother and sister, respectively. It is the case of the Appellant that the
deceased, Ms. Jessie Jayalakshmi adopted him as her son and that he took care
of her when she suffered an attack of paralysis.
2. A registered Will under Exhibit P4 was executed by Ms. Jessie Jayalakshmi on
04.09.1985 in favour of the Appellant. The said Will was attested by Mr. Vijay
Kumar, brother of the Appellant, who has also been examined as PW2.
Ms. Jessie Jayalakshmi was also brought to the office of the Sub-Registrar by
none other than Ms. Kantha Lakshmi.
3. The relationship between Ms. Kantha Lakshmi and her husband, who has been
arrayed as Respondent No. 1 got strained. She consequently filed a petition for
divorce in MC No. 879 of 1987 before the Family Court of Principal Judge,
Bangalore and obtained a divorce decree on 26.03.1988. It is the further case
of the Appellant that Respondent No. 1 was permitted to reside in the Suit
Property. Respondent No. 2 is the son of Respondent No. 1. As the
Respondent No. 1 refused to vacate the Suit Property, which is a residential
house, for which the Appellant is stated to have paid all the statutory dues, a
suit for declaration and for possession was filed in O.S. No. 51 of 1992 which
was decreed on 11.12.2003.
4. The Defendants/Respondents while acknowledging the factum of execution of
Exhibit P4, introduced Exhibit D1, an unregistered Will, allegedly executed by
Ms. Jessie Jayalakshmi in favour of the Respondent No.2 (minor son of
Respondent No.1). It is their case that Exhibit P4 has been replaced by Exhibit
D1. Exhibit D1 also speaks of a mortgage in favour of Respondent No.1 on
payment of Rs. 31,000/- in favor of deceased, Ms. Jessie Jayalakshmi. Thus,
the Respondent did not seriously dispute the execution of Exhibit P4 but set up
a plea for the dismissal of the suit by taking umbrage under Exhibit D1 and on
the basis of the alleged mortgage. There was also a denial of the averment of
the Appellant regarding permissive occupation. While accepting the decree for
divorce it is contended by the 1st Respondent that it has not been given
effect to.
5. The Trial Court framed the following issues for consideration:
"1. Does the Plaintiff prove to have acquired title to the suit property
by virtue of the Will 04.09.1985 executed by late Jessie
Jayalakshmi?
2. Does he prove that the Will dated 16.08.1996 executed by Jessie
Jayalakshmi is fabricated and forged document?
3. Does he prove that the Defendant is in occupation of the schedule
property as licensee free of charges?
4. Whether the Plaintiff has the cause of action for the suit?
5. Is the suit barred by limitation?
6. What order or decree the parties are entitled to?"
6. The Appellant examined himself as PW1 with his brother as PW2. The second
attesting witness was examined as PW3 being an independent one. On behalf
of the Respondents, Respondent No.1 examined himself as DW1, with the
attesting witness, Manish as DW2.
7. The Trial Court decreed the suit upon satisfying itself that the parameters as
required under Section 63 of the Indian Succession Act read with Section 68
of the Indian Evidence Act have been duly complied with in proving Exhibit
P4. On Exhibit D1, exhaustive reasoning was rendered for doubting its genuineness. The reasoning would include the thumb impression, signature, the nature of recitals, the manner in which it was written, and the evidence given by DW2, who did not know anything about the deceased, Ms. Jessie Jayalakshmi, other than being a person known to DW1. It found that the thumb impression in Exhibit D1 was smudged and the scribe of Exhibit D1 has not been examined. Further, the stamp on Exhibit D1 bearing date of 15.08.1986 and bearing the seal of the treasury happened to be issued on
Independence Day. We may also note that Exhibit D1 was stated to have been executed on 16.08.1986 while Ms. Jessie Jayalakshmi died on 22.08.1986 i.e., within a week's time.
8. Aggrieved over the same, the Respondents filed an appeal before the High Court invoking Section 96 of the Civil Procedure Code in RFA No. 692 of 2004 which was decided on 20.09.2006.
9. The High Court reaffirmed the findings of the Trial Court with respect to the genuineness of Exhibit D1. However, in the absence of any specific pleading
coupled with an admission of the execution of Exhibit P4, the High Court did
an exercise by entertaining a suspicion and accordingly found that it has not
been dispelled by the Appellant. Findings have been rendered to the effect that there is no logic in the exclusion of the sister of the Appellant and PW2.
Incidentally, it has been held that evidence of PW3 would not be sufficient enough to remove the suspicion surrounding Exhibit P4 and if the deceased Ms. Jessie Jayalakshmi was brought to the office of the Sub-Registrar by Ms. Kantha Lakshmi, there was no basis to leave her out of the Will. On that basis, the suit was dismissed by allowing the appeal.
10. An application for review was filed by the Appellant along with an application
for condonation of delay. This application was filed in R.P. 279 of 2007 which
was dismissed by the High Court declining to condone the delay on
23.11.2007. The Appellant has filed the present appeals against the aforesaid
judgement and decree rendered by the High Court.
11. During the pendency of the pleadings before this Court, Respondent No.1 died. His divorced wife Ms. Kantha Lakshmi also died. Consequently, along with Respondent No.2, a daughter born out of the wedlock (Respondent No. 1(b)) was brought on record as additional legal heir of the deceased
Respondent No.1.
ARGUMENTS OF THE APPELLANT:
12. It is argued by the counsel for the Appellant that Exhibit P4 is a registered
document. PW2 and 3 have deposed in tune with the said document. The fact
that Ms. Kantha Lakshmi accompanied the deceased, Ms. Jessie Jayalakshmi
would show that Exhibit P4 has been executed properly. She did not raise any objection. There was no pleading disputing Exhibit P4. The High court has created its own suspicion. The findings of the Trial Court resulting in decreeing the suit have not been found fault with. Having found Exhibit D1 is a forged and fabricated document, the High Court ought to have affirmed the decree and judgment of the Trial Court.
ARGUMENTS OF THE RESPONDENTS:
13. The question as to whether there exists a suspicious circumstance is one of fact. Hence, it cannot be adjudicated by invoking Article 136 of the Constitution of India. There is no explanation for the exclusion of the brother and sister of the Appellant. Exhibit D1 has been wrongly rejected by the Courts below. What is important is the validity of Exhibit P4. The First Appellate Court has got adequate jurisdiction to satisfy itself on the suspicion surrounding Exhibit P4. Ms. Kiran Suri, the learned Senior Counsel, to buttress her submission placed reliance upon the following judgements:
A. Joseph Antony Lazarus (Dead) by LRs v A.J. Francis, (2006) 9 SCC 515
B. Mahesh Kumar (Dead) By LRs v Vinod Kumar & Ors., (2012) 4 SCC 387
CONSIDERATION ON LAW:
Indian Evidence Act, 1872:
14. Section 3 of the Indian Evidence Act defines "a fact". Conduct of a party would be construed as a fact under Section 8. Such a conduct may either be a previous or subsequent one. It is the product of a motive or a preparation. When evidence is given on the conduct of a party and if it is proved to the satisfaction of the court particularly when it involves an admission, adequate weightage is required to be given. Such a conduct would include a silence emanating from a party who is expected to speak and express. When a party makes a claim based upon revocation of the earlier Will, as indicated in the subsequent one, the said acknowledgement of the former would form part of a conduct leading to a relevant fact vis-à-vis a fact in issue.
15. Section 17 defines "an admission" which would include a statement both oral and documentary. When such an admission is clear and unequivocal, there is no need to prove it while taking judicial notice. Under Section 58, a fact admitted need not be proved unless the court warrants it. Thus, in a case where a party admits the execution of the document in the nature of a Will, which is
otherwise proved in accordance with Section 63 and Section 68 of the Indian Succession Act and Indian Evidence Act respectively, it becomes a relevant fact duly proved, in the absence of any discretion by the court. The exercise of discretion is a judicial one and therefore, there must be a basis in asking a party to prove it otherwise.
16. Section 68 speaks of a requirement of proving the execution of a document required by law to be attested. This provision being mandatory as the word employed is "shall", meaning thereby it shall not be used as evidence unless one attesting witness at least has been called for to prove its execution. When it comes to proving a Will, Section 68 of the Act is mandatorily to be followed. This provision has to be seen and read along with Section 63 of Indian Succession Act which not only mandates a compulsory attestation but
reiterates compliance of section 68 of the Indian Evidence Act.
17. Section 114 facilitates a court to presume existence of certain facts. As the word employed being "may", it is a rebuttable presumption. Under Section 114(e) there is a presumption of judicial and official acts having been regularly and duly performed.
18.The principle governing estoppel is defined under Section 115 of the Act. When a person by his declaration, act, or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, he shall not be allowed to deny the truth of that thing.
REGISTRATION ACT, 1908:
19.Section 17 of the Registration Act deals with documents of which registration is compulsory. A Will being a testamentary document does not find a place under Section 17 which factum is reiterated under Section 18, making such a document to be registered at the option of a party. A Will which is originally not registered may be presented for registration or deposited at any time under Section 27. Therefore, the registration of a Will is only an additional or attending circumstance in proving it with the rebuttable presumption available
under Section 114(e) of the Indian Evidence Act.
CODE OF CIVIL PROCEDURE:
Order VI:
20. Order VI of the Code while defining the word "pleading" makes it applicable on even terms to both a plaint and written statement. Every pleading under Order VI Rule 2 shall contain a statement of material facts on which a party relies either for his claim or defense. Such a pleading should contain the necessary foundation for raising an appropriate issue. Under Order VIII Rule 2 a defendant shall make specific pleadings while under Rule 3 a denial should
be specific. Rule 4 prohibits an evasive denial and Rule 5 speaks of
consequences of not denying specifically an averment in a plaint leading to presumption of an admission.A relief can only be on the basis of the pleadings alone. Evidence is also to be based on such pleadings. The only exception would be when the parties know
each other's case very well and such a pleading is implicit in an issue. Additionally, a court can take judicial note of a fact when it is so apparent on the face of the record. A useful reference can be made to the following passage
in Bachhaj Nahar v. Nilima Mandal, (2008) 17 SCC 491:
"15. The relevant principle relating to circumstances in which the
deficiency in, or absence of, pleadings could be ignored, was stated
by a Constitution Bench of this Court in Bhagwati
Prasad v. Chandramaul [AIR 1966 SC 735]: (AIR p. 738, para 10)
"10. … If a plea is not specifically made and yet it is covered
by an issue by implication, and the parties knew that
the said plea was involved in the trial, then the mere fact
that the plea was not expressly taken in the pleadings would
not necessarily disentitle a party from relying upon it if it is
satisfactorily proved by evidence. The general rule no
doubt is that the relief should be founded on pleadings
made by the parties. But where the substantial matters relating
to the title of both parties to the suit are touched, though
indirectly or even obscurely, in the issues, and evidence has
been led about them, then the argument that a particular
matter was not expressly taken in the pleadings would be
purely formal and technical and cannot succeed in every
case. What the Court has to consider in dealing with such
an objection is: did the parties know that the matter in
question was involved in the trial, and did they lead evidence
about it? If it appears that the parties did not know
that the matter was in issue at the trial and one of them has
had no opportunity to lead evidence in respect of it, that undoubtedly
would be a different matter. To allow one party
to rely upon a matter in respect of which the other party
did not lead evidence and has had no opportunity to lead
evidence, would introduce considerations of prejudice, and
in doing justice to one party, the Court cannot do injustice
to another."
"23 [Ed.: Para 23 corrected vide Official Corrigendum No.
F.3/Ed.B.J./89/2009 dated 17-7-2009]. It is fundamental that in a
civil suit, relief to be granted can be only with reference to the
prayers made in the pleadings. That apart, in civil suits, grant of relief is circumscribed by various factors like court fee, limitation,
parties to the suits, as also grounds barring relief, like res judicata,
estoppel, acquiescence, non-joinder of causes of action or parties,
etc., which require pleading and proof. Therefore, it would be hazardous to hold that in a civil suit whatever be the relief that is
prayed, the court can on examination of facts grant any relief as it
thinks fit. In a suit for recovery of rupees one lakh, the court cannot
grant a decree for rupees ten lakhs. In a suit for recovery possession
of property 'A', court cannot grant possession of property
'B'. In a suit praying for permanent injunction, court cannot grant
a relief of declaration or possession. The jurisdiction to grant relief
in a civil suit necessarily depends on the pleadings, prayer, court
fee paid, evidence let in, etc."
Section 96:
21.The first appellate court while exercising power under Section 96 can re-do the exercise of the trial court. However, such a power is expected to be exercised with caution. The reason being, the trial court alone has the pleasure of seeing the demeanor of the witness. Therefore, it has got its own advantage in assessing the statement of the witnesses which may not be available to the appellate court. In exercising such a power, the appellate court has to keep in
mind the views of the trial court. If it finds that the trial court is wrong, its decision should be on the reasoning given. A mere substitution of views, without discussing the findings of the trial court, by the appellate court is not permissible. If two views are possible, it would only be appropriate to go with the view expressed by the trial court. While adopting reasoning in support of
its findings, the appellate court is not expected to go on moral grounds alone.
22.The aforesaid views expressed by us are nothing but a reiteration of the settled
principle of law as could be seen through the following paragraphs of the
decision rendered by this Court in the case of Jagdish Singh v. Madhuri Devi, (2008) 10 SCC 497:
"27. It is no doubt true that the High Court was exercising power
as first appellate court and hence it was open to the Court to enter
into not only questions of law but questions of fact as well. It is
settled law that an appeal is a continuation of suit. An appeal thus
is a re-hearing of the main matter and the appellate court can reappraise,
re- appreciate and review the entire evidence – oral as
well as documentary and can come to its own conclusion.
28. At the same time, however, the appellate court is expected, nay
bound, to bear in mind a finding recorded by the trial court on oral
evidence. It should not forget that the trial court had an advantage
and opportunity of seeing the demeanor of witnesses and, hence,
the trial court's conclusions should not normally be disturbed. No
doubt, the appellate court possesses the same powers as that of the
original court, but they have to be exercised with proper care,
caution and circumspection. When a finding of fact has been
recorded by the trial court mainly on appreciation of oral evidence,
it should not be lightly disturbed unless the approach of the trial
court in appraisal of evidence is erroneous, contrary to wellestablished
principles of law or unreasonable.
29. Before more than a century, in Coghlan v. Cumberland [(1898)
1 Ch 704 (CA)] Lindley, M.R. pronounced the principle thus;
"Even where the appeal turns on a question of fact, the
Court of Appeal has to bear in mind that its duty is to
rehear the case, and the Court must reconsider the materials
before the Judge with such other materials as it may have
decided to admit. The Court must then make up its own
mind, not disregarding the judgment appealed from, but
carefully weighing and considering it; and not shrinking
from overruling it if on full consideration the Court comes
to the conclusion that the judgment is wrong. When, as
often happens, much turns on the relative credibility of
witnesses who have been examined and cross-examined
before the Judge, the Court is sensible of the great
advantage he has had in seeing and hearing them. It is often
very difficult to estimate correctly the relative credibility of
witnesses from written depositions and when the question
arises which witness is to be believed rather than another;
and that question turns on manner and demeanour, the
Court of Appeal always is, and must be, guided by the
impression made on the Judge who saw the witnesses. But
there may obviously be other circumstances, quite apart
from manner and demeanour, which may shew whether a
statement is credible or not; and these circumstances may
warrant the Court in differing from the Judge, even on a
question of fact turning on the credibility of witnesses
whom the Court has not seen."
(See also observations of Lord Thankerton in Watt v. Thomas,
[1947 AC 484])
30. In Sara Veeraswami v. Talluri Narayya [AIR 1949 PC 32] the
Judicial Committee of the Privy Council, after referring to relevant
decisions on the point, stated (Quoting from Watt v Thomas,
[(1947) 1 All ER 582, pp.583 H-584 A]):
"…but if the evidence as a whole can reasonably be
regarded as justifying the conclusion arrived at the trial,
and especially if that conclusion has been arrived at on
conflicting testimony by a tribunal which saw and heard the
witnesses, the appellate court will bear in mind that it has
not enjoyed this opportunity and that the view of the trial
Judge as to where credibility lies is entitled to great weight.
This is not to say that the Judge of first instance can be
treated as infallible in determining which side is telling the
truth or is refraining from exaggeration. Like other
tribunals, he may go wrong on a question of fact, but it is a
cogent circumstance that a Judge of first instance, when
estimating the value of verbal testimony, has the advantage
(which is denied to courts of appeal) of having the
witnesses before him and observing the manner in which
their evidence is given."
31. This Court also, before more than half a century in Sarju
Pershad v. Jwaleshwari, Pratap Narain Singh [AIR 1951 SC 120]
stated: (AIR p. 121, para 7)
"7. The question for our consideration is undoubtedly one
of fact, the decision of which depends upon the
appreciation of oral evidence adduced in the case. In such
cases, the appellate court has got to bear in mind that it has
not the advantage which the trial Judge had in having the
witnesses before him and of observing the manner in which
they deposed in court. This certainly does not mean that
when an appeal lies on facts, the appellate court is not
competent to reverse a finding of fact arrived at by the trial
Judge. The rule is and it is nothing more than a rule of
practice that when there is conflict of oral evidence of the
parties on any matter in issue and the decision hinges upon
the credibility of the witnesses, then unless there is some
special feature about the evidence of a particular witness
which has escaped the trial Judge's notice or there is a
sufficient balance of improbability to displace his opinion
as to where the credibility lies, the appellate court should
not interfere with the finding of the trial Judge on a
question of fact."
32. Referring to several cases on the point, the Court concluded:
(Sarju Pershad case, AIR p. 123, para 15):
"15. …The duty of the appellate court in such cases is to
see whether the evidence taken as a whole can reasonably
justify the conclusion which the trial court arrived at or
whether there is an element of improbability arising from
proved circumstances which, in the opinion of the court,
outweighs such finding."
33. After about a decade, in Radha Prasad v. Gajadhar Singh [AIR
1960 SC 115] this Court reiterated: (AIR p. 123, para 15)
"14. The position in law, in our opinion, is that when an
appeal lies on facts it is the right and the duty of the appeal
court to consider what its decision on the question of facts
should be; but in coming to its own decision it should bear
in mind that it is looking at the printed record and has not
the opportunity of seeing the witnesses and that it should
not lightly reject the trial Judge's conclusion that the
evidence of a particular witness should be believed or
should not be believed particularly when such conclusion is
based on the observation of the demeanor of the witness in
court. But this does not mean that merely because an appeal
court has not heard or seen the witness it will in no case
reverse the findings of a trial Judge even on the question of
credibility, if such question depends on a fair consideration
of matters on record. When it appears to the appeal court
that important considerations bearing on the question of
credibility have not been taken into account or properly
weighed by the trial Judge and such considerations
including the question of probability of the story given by
the witnesses clearly indicate that the view taken by the
trial Judge is wrong, the appeal court should have no
hesitation in reversing the findings of the trial Judge on
such questions. Where the question is not of credibility
based entirely on the demeanor of witnesses observed in
court but a question of inference of one fact from proved
primary facts the court of appeal is in as good a position as
the trial Judge and is free to reverse the findings if it thinks
that the inference made by the trial Judge is not justified."
34. In T.D. Gopalan v. Commissioner of Hindu Religious &
Charitable Endowments [(1972) 2 SCC 329], this Court said: (SCC
p. 333, para 9):
"9. The High Court next proceeded to reproduce a summary
of the statement of each of the witnesses produced by the
defendants. No attempt whatsoever was made to discuss the
reasons which the learned District Judge had given for not
accepting their evidence except for a general observation
here and there that nothing had been suggested in the crossexamination
of a particular witness as to why he should
have made a false statement. We apprehend that the
uniform practice in the matter of appreciation of evidence
has been that if the trial court has given cogent and detailed
reasons for not accepting the testimony of a witness the
appellate court in all fairness to it ought to deal with those
reasons before proceeding to form a contrary opinion about
accepting the testimony which has been rejected by the trial
court. We are, therefore, not in a position to know on what
grounds the High Court disagreed with the reasons which
prevailed with the learned District Judge for not relying on
the evidence of the witnesses produced by the defendants."
35. Yet in another decision in Madhusudan Das v. Narayanibai
[(1983) 1 SCC 35], this Court said: (SCC pp. 39-40, para 8):
"8. …At this stage, it would be right to refer to the general
principle that, in an appeal against a trial court decree,
when the appellate court considers an issue turning on oral
evidence it must bear in mind that it does not enjoy the
advantage which the trial court had in having the witnesses
before it and of observing the manner in which they gave
their testimony. When there is a conflict of oral evidence on
any matter in issue and its resolution turns upon the
credibility of the witnesses, the general rule is that the
appellate court should permit the findings of fact rendered
by the trial court to prevail unless it clearly appears that
some special feature about the evidence of a particular
witness has escaped the notice of the trial court or there is a
sufficient balance of improbability to displace its opinion as
to where the credibility lies. …The principle is one of
practice and governs the weight to be given to a finding of
fact by the trial court. There is, of course, no doubt that as
a matter of law if the appraisal of the evidence by the trial
court suffers from a material irregularity or is based on
inadmissible evidence or on a misreading of the evidence
or on conjectures and surmises the appellate court is
entitled to interfere with the finding of fact."
36. Three requisites should normally be present before an appellate
court reverses a finding of the trial court:
(i) it applies its mind to reasons given by the trial court;
(ii) it has no advantage of seeing and hearing the witnesses;
(iii) it records cogent and convincing reasons for disagreeing
with the trial court.
37. If the above principles are kept in mind, in our judgment, the
decision of the High Court falls short of the grounds which would
allow the first appellate court to reverse a finding of fact recorded
by the trial court. As already adverted earlier, the High Court has
'virtually' reached a conclusion without recording reasons in
support of such conclusion. When the court of original jurisdiction
has considered oral evidence and recorded findings after seeing the
demeanour of witnesses and having applied its mind, the appellate
court is enjoined to keep that fact in mind. It has to deal with the
reasons recorded and conclusions arrived at by the trial court.
Thereafter, it is certainly open to the appellate court to come to its
own conclusion if it finds that the reasons which weighed with the
trial court or conclusions arrived at were not in consonance
with law."
23.Thus, we have no hesitation in holding that though the first appellate court is the final court of fact and law, it has to fall in line with the scope and ambit of Section 96 of the Code.
24.A testamentary court is not a court of suspicion but that of conscience. It has to consider the relevant materials instead of adopting an ethical reasoning. A mere exclusion of either brother or sister per se would not create a suspicion unless it is surrounded by other circumstances creating an inference. In a case where a testatrix is accompanied by the sister of the beneficiary of the Will and the said document is attested by the brother, there is no room for any
suspicion when both of them have not raised any issue.
26.The High Court has also committed an error in misconstruing the presence of the sister of the Appellant, Ms. Kantha Lakshmi. Her presence in fact adds strength to Exhibit P4 having been executed properly. It is the specific case of the Appellant, and perhaps PW2 and Ms. Kantha Lakshmi that the deceased, Ms. Jessie Jayalakshmi wanted the property to be given in his favor. Their participation coupled with the subsequent conduct would be sufficient enough
to uphold Exhibit P4. When there are no suspicious circumstances surrounding the execution of Exhibit P4, there is no need to remove.
27.Both the Courts have given adequate reasoning for not believing Exhibit D1. In the absence of pleadings to the contrary, followed by issues framed, it is not open to the Appellate Court to embark upon an exercise which is not required and also not permitted under the law. We have already held that the High Court did not give any reasoning whatsoever for differing with the views expressed by the Trial Court.
28.The decisions relied upon by the learned Senior Counsel appearing for the
Respondents do not have any application to the case we are dealing with. It
may be correct to state that the existence of suspicious circumstances is one of
fact. However, the approach of the Court being contrary to law, we have no
hesitation in holding that the judgment and decree of the Appellate Court
requires to be interfered with. As stated, due execution of Exhibit P4 is
accepted as against Exhibit D1. Exhibit P4 also cannot be questioned by the
Respondent No. 1 who is none other than the erstwhile brother-in-law of the
Appellant. Respondent No. 1 & 2 merely rely upon Exhibit D1 which is
rightly found to be not genuine by both the Courts. We feel that the Appellate
Court has not considered the relevant materials and substituted its own views
when not warranted either on facts or law.
29.The High Court after giving adequate reasoning for disbelieving Exhibit D1
that it is forged and fabricated should have kept in mind the conduct and
attitude of the Respondent No.1. The factors such as the fabrication and
severance of relationship between himself and his wife in pursuance of the
decree for divorce, coupled with the status while squatting over the Suit
Property being the relevant materials, ought to have weighed in its mind
instead of questioning Exhibit P4. Had that been done, perhaps it would have
come to conclusion that such an exercise is not warranted at the hands of the Respondents, who not only accepted Exhibit P4 but it did not even question it; except by contending that it is replaced by Exhibit D1.
30.For the reasons aforesaid, we have no hesitation in holding that the judgment
and decree of the Appellate Court rendered in RFA No. 692 of 2004 as
confirmed in R.P. No.279 of 2007 is required to be set aside. Accordingly, they
are set aside and consequently the appeals stand allowed by restoring the
Judgment and Decree of the Trial Court in O.S. No. 51 of 1992. No costs.
…….………………………J.
(SANJAY KISHAN KAUL)
(M.M. SUNDRESH)
Labels: execution of will, Supreme Court of India


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text:
Columbia River Hwy State Trail gets major endorsement
A new section of the path just opened last fall.
(Photo by J. Maus/BikePortland)
The momentum to complete the remaining 10 miles of the Historic Columbia River Highway State Trail — a route that will ultimately provide a pleasant bicycling connection between Troutdale and Hood River without ever forcing riders onto Interstate 84 — got a major boost on Friday. In a unanimous vote, the Oregon Transportation Commission (OTC) approved a resolution (PDF) that puts the project atop the Department of Transportation's priority list.
The resolution calls for ODOT to fund and construct the final segments and called it, "a project of statewide and national significance."
This is just the second time in ODOT history that a non-auto/highway project has been given such a high level of official endorsement (the other one was the Oregon Coast Bike Route in the early 1980s). The resolution has major implications and will help ODOT and project proponents secure the final $32 million needed to finish it.
"I think local communities are seeing the value of cycling in the Gorge. There's a huge upswell of support."
— Kristen Stallman, ODOT
Kristen Stallman, ODOT's Columbia River Gorge National Scenic Area coordinator, says this resolution gives the project a crucial "step up" when it comes to making requests for state and federal funding. "To have the state's highest body saying this is an important project… That's a strong message as we apply for grants. It really sets this project apart and hopefully opens the door for funding."
Here's an excerpt from the resolution:
3. The State of Oregon, local governments, and private citizens have collaborated to leverage significant funding for improvements such as the recently completed John B. Yeon to Moffett Creek Trail Project. For the first time in 77 years, Oregonians now are able to ride their bicycles from Cascade Locks to Troutdale without having to go on the shoulder Interstate 84.
4. Completion of the Historic Columbia River Highway State Trail is a priority for the Oregon Department of Transportation, Oregon Parks and Recreation Department and Travel Oregon.
5. The Oregon Transportation Commission strongly supports federal funding to complete the project and will communicate this in writing to the Oregon Congressional Delegation and U.S. Department of Transportation.
6. The Oregon Transportation Commission directs the Oregon Department of Transportation to develop federal funding requests and identify any required matching funds to take advantage of any grant opportunities.
Stallman credits this momentous announcement to the huge upswell of support from local communities in the Gorge who see the economic benefits the completed trail will bring to their cities. "I think they are seeing the value of cycling in the Gorge," she says. Another major factor, according to Stallman, is the leadership of outgoing OTC Chair Pat Egan. Egan was one of many leaders who attended the "Policymakers Ride" on the State Trail back in August.
Friday's meeting was Egan's last as OTC Chair, so this project is now an historic part of his legacy.
As for what work remains to complete the State Trail, Stallman says they're focused on a 10-mile stretch between Wyeth (Exit 51 on I-84) and Hood River. With funding already in place for the permits, environmental work, and engineering of all 10 miles and two projects that will bite off five of those miles, ODOT is getting very close to the end. A one-mile extension of the trail between Viento State Park and Starvation Creek will be constructed in spring 2015. Then in spring of 2016 another project (not funded yet, but in line for a state grant) would build a segment of the trail from Wyeth west east to Lindsey Creek. That segment, Stallman points out, would allow people to avoid the dreaded shoulder of I-84 around Shellrock Mountain.
This is great news for what will someday soon be one of the premiere bicycle routes in America. Stay tuned!
– Read more about the Historic Columbia River Highway project in our archives and on ODOT's website.
bicycle tourism, Columbia River Gorge, historic columbia river highway
Tualatin-Valley Hwy claimed two more lives yesterday October 2, 2018
Eagle Creek Fire/Historic Hwy update from ODOT October 19, 2017
kiel johnson
Very exciting! I would love to see the same commitment towards building some 10 mile bike paths in Portland!
This is great news! The shoulder of 84 is no bueno.
Did the recent landslide have any effect on existing Gorge routes?
No news is probably good news, but a little confirmation never hurt.
That section (near Mitchell Point, just before Hood River's first eastbound exit) drops every few years or so. It's this ridgeline, coming down from Mt. Defiance, that I see as one of the biggest challenges to making any off-highway access to Hood River contiguous. Incidentally, where Country Club Road used to exit near the highway interchange has been moved further south (to comply with new federal safety guidelines) and renamed Wine Country Road. Access there by bicycle has been preserved, though, and new bike lanes completed.
Scott Mizée
Great to see this endorsement! Congratulations on your hard work continuing to pay off, Kristen Stallman!
Doug Reid
Completion of the segment in the gorge will allow biking all the way from Portland to Rufus without feeway biking. All of the route will be paved except for the segment that follows Moody Road behind Celilo that runs between 15 Mile Road east of The Dalles and the Mouth of the Deschutes River. Moody road is a pleasant ride with beautiful vistas and pleasant interactions with grazing cattle.
GlowBoy
This will be so awesome when it is done. I saw an estimate a couple years ago that put the total project price well above $50M, but it will be worth it. This truly will be of national significance.
I rode the existing trail this past Sunday (Feb 23rd) and agree it makes the ride to Cascade Locks much pleasanter! It's nice at this time of year because the deciduous trees haven't yet leafed out and you get a lot of river views that will probably be blocked in summertime. I'd caution that a significant portion of the trail is, as of the other day, seriously carpeted with red cinder gravel that must have flown off the highway after the snow storm. Not sure if clearing it is an ODOT responsibility, but a lot of sections are pretty bad. The gravel notwithstanding, it's a great trail and expanding it is a fabulous plan.
Dave Thomson
Here is a link to an article in the Hood River News from January that has much more detailed information: http://www.hoodrivernews.com/news/2014/jan/22/odot-start-work-final-portions-historic-highway/. The 4 miles from Wyeth to Starvation Creek (the two phases Jonathan mentioned) will cost about $20M; the first portion is expected to open in 2016 with the final 3 mile section from Wyeth to Lindsey Creek opening in spring 2017. The last para of the article mentions that "the final stretch to Hood River will be more expensive and complicated to build, mainly due to the construction of a new tunnel through Mitchell Point…"
"That segment, Stallman points out, would allow people to avoid the dreaded shoulder of I-84 around Shellrock Mountain."
Dreaded indeed. It's so narrow you've pretty much got to ride the line for about a 1/4 mile past Shellrock. Almost bit it crossing rumble strips there (since removed by ODoT ) a few years back. Not a fond memory.
Oh, and this is fabulous. Thank you OTC.
Who says we want the gorge to be a "premiere bicycle route"?? 😉
BTW, even though the Mt. Hood Classic is no longer 🙁
the Tour de Hood ride will be held this year. 🙂
http://www.tourdehoodride.com
Also, EVERY year for the past 13 yrs.: Columbia Gorge Explorer, a 4-day bicycle camping adventure that does the whole Scenic Area from both sides of the river. This year's tour, CGE '14 starts FRIDAY, May 23, 2014 from Vancouver, WA. Many riders don't even start their cars – they ride directly from home. This is NOT a fund-raiser or for-profit ride so is inexpensive. Hosted by Vancouver Bicycle Club. More at http://www.VBCTouring.com.
Jonathan, it's late in the thread but: near the end it should read "build a segment of the trail from Wyeth EAST to Lindsey Creek".
"Historic Columbia River Highway State Trail"
I wouldn't apply the term "trail" to the entire stretch from Troutdale to Hood River since the majority of those miles are on The Historic Columbia River "Highway". Other than the two sections between Warrendale and Cascade Locks, and the Mark Hatfield Memorial Trail between Hood River and Mosier, the route is on a very narrow highway with no shoulder whatsoever. I regularly ride those two sections, but stay away from the rest which must be shared with motor vehicles. Although not as scenic, I'd say it's probably safer to ride the shoulder of I-84 between Troutdale and Multnomah Falls.
I don't know what plans are being formulated for the 100th anniversary of the opening of The Historic Columbia River Highway, but I think it would be fantastic if it were closed for one day, open only to bicycles, and perhaps antique autos.
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