text:
NGO Consultancies
Legal Principles
Interpretation of Article 4 and 14 of Constitution
PLJ 1990 Lahore 572
Present: FAZAL KARIM, J S. GHAYYUR HUSSAIN SHAH-Appellant
GHARIB ALAM (deceased) etc. --Respondents.
R.S A. No. 39 of 1966, accepted on 20.6.1990
(i) Constitution of Pakistan, 1973-
Arts. 4&14~Malicious Prosecution~Damages~Suit for-Whether foundation of action for damages for malicious prosecution lies in abuse of process of court or in abuse of process of law—Question of-Article 4 of Constitution forbids any action detrimental to life, liberty, body, reputation or property of any person except in accordance with law-It is no more necessary to hedge in an action for damages for malicious prosecution by condition that action was an abuse of "process of court"~Held: Foundation of action for damages for malicious prosecution lies, not in abuse of process of court, but in abuse ofprocess of law-Held further: Proceedings before police afford a stronger ground for an action for malicious prosecution than proceedings in a court oflaw. [P.581]C
PLD1990SC28w/
(ii) Dispensation of Justice-
—Malicious prosecution-Damages-Suit for-Whether it is necessary to follow decisions of Privy Council-Question of-Historical continuity is neither a legal duty nor a necessity nor should respect for decisions of Privy Council degenerate into mechanical slavery-Held: We can take English common law from where it left off in 1947 and develope and modify it to bring it into accord with genius of our own law. [P.580JB
(iii) Malicious Prosecution—
—Malicious prosecution-Damages-Suit for-Whether damages can be awarded-Question of~Held: If a plaintiff is able to prove that proceedings against him were malicious, without reasonable and probable cause, that they terminated in his favour and that proceedings had resulted in damage to his person, property or reputation, then he should recover damages whether proceedings be before a civil court, before police or before a criminal court-Held further: All these ingredients were fully established in this case and decrees of trial court were wrongly set aside by lower appellate court.
(P.581JD&E
(iv) Malicious Prosecution-
—-Malicious prosccution-Damages-Suit for--Whethcr suits and appeals had abated on death of tort fcascr-Queslion of--Argumcnt that maxim "personal actions die with person" is applicable-It is common knowledge that if a man is subjected to false and malicious prosecution, object is to persecute and harass not only that man but his dependents and family members also-Resulting damage is not confined to that man, but entire family suffers-Held: Maxim is repugnant to spirit and principles of Islam—Held further: Hoary fallacy fromwhich common law suffers, must give way to one of first principles of Islamic law that a dead man's heirs are, in appropriate cases, entitled to be compensated-Appeals accepted. fPp.581,583&584]F,G,H,.J£K
AIR 1939 Lahore 492 and AIR 1937 Nagpur 216 not followed,
(v) Malicious Prosecution-
—Malicious proscculion--Damages-Suit for-Whether damages can be awarded—Question of—Word "prosecution" in context of malicious prosecution is not to be understood in technical sense which it bears in criminal law-Held: Plaintiff is entitlled to damages if he is able to prove thai proceedings, whether civil or criminal, were malicious and were instituted without reasonable and probable cause and that he suffered damage. [P.578JA
AIR 1944 Privy Council 1, AIR 1947 Privy Council 108, PLD 1964 Dacca 111, AIR 1926 Privy Council 46, 1901 A.C. 495 discussed.
5/i. Abdur Rashccd, Advocate for Appellant. Pir Anwar Rchinan, Advocate for Respondents. Date of hearing: 5.5.1990.
This will dispose of R.S.A. No.39 of 1966 by Syed Ghayyur Hussain Shah, plaintiff, and R.SA. No.40 of 1966 by Muhammad Shafique, plaintiff. The facts giving rise to them are as follows.
On 1.9.1961. Alamgir, defendant, lodged a first information report at P.S. Sadar Sheikhupura, alleging that the accused persons, Syed Ghayyur Hussain Shah (plaintiff) Raja Khush Bakhtur Rehman and Muhammad Shafique (plaintiff) had, on 31.8.1961, in pursuance of a conspiracy to murder Muhammad Hanif, defendant, abducted him from a point at Lahore Sheikhupura road. The case was investigated and the allegations were found false and baseless. The police, therefore, recommended for the cancellation of the case and the FIR was cancelled by the Ilaqa Magistrate's order dated 18.4.1962.-
Two suits for damages for malicious prosecution were brought; one by Syed Ghayyur Hussain Shah and the other by Muhammad Shafique. According to the plaintiffs, the truth of the matter was that no such incident of abduction had taken place; that in lodging the false report and in proceeding against them, the defendants Gharib Alam, Alamgir and Muhammad Hanif, now respondents, were actuated by malice and enmity and that as a result of this false prosecution, the plaintiffs had suffered humiliation and a set back to their reputation and fair fame. The plaintiffs belonged to a respectable family; the father of Syed Ghayyur Hussain Shah, plaintiff, had been an honorary life Magistrate and as a result of this false prosecution, Muhammad Shafiquc, plaintiff, had suffered so much in good fame that his engagement with his would be wife was broken.
The suits were contested by Gharib Alam and Muhammad Hanif, defendants; Alamgir, defendant, was exparte. In his written statement, Gharib Alam, defendant, merely denied the allegation that the case against the plaintiffs and their co-accused was a false case. Muhammad Hanif, defendant, admitted that the case was false and that it was the result of investigation of Gharib Alam,defendant. He, however, denied that he had taken part in the prosecution of the plaintiffs and their co-accused.
On the parties pleadings, the learned Civil Judge formulated the following issues:-
Whether defendant Nos.l to 3 lodged a false and malicious prosecution against the plaintiff and then prosecuted him?
Whether the reputation of the plaintiff suffered damage on account of the said false and malicious prosecution and he sustained mental and financial loss?
Whether the plaintiff was entitled to any damage? If so, what amount?
By his elaborate and well considered judgments, the learned Civil Judge found issue No.l in the plaintiffs' favour; in his opinion, "the prosecution had been lodged with absolutely no cause whatsoever let alone its being reasonable or probable. This is not the case of making a mountain out of a mole but is an example of a mountain out of nothing." As to issue No.2, the learned Civil Judge held that there was conclusive and cogent proof "that the plaintiff and his companions had not only incurred expenses to get themselves rid off a false charge inflicted on them maliciously by defendant No.l (Gharib Alam) but also suffered heavy monetary set back being practically unable to attend to his personal business on account of his continuous absence from his place and his mental shake up". It was clear to the earned Civil Judge that the plaintiff and his companions had "actually suffered physically, socially, financially, mentally and sychologically". He, therefore, held the defendants, Gharib Alam and Alamgir,
liable to pay Rs.5000/- as damages "jointly and severally" in each suit.
Gharib Alam, defendant, appealed. Before the learned Additional District Judge it was argued that "even if the plaintiffs' case is held to be correct, no decree for damages for malicious prosecution could be passed against him" because the plaintiff had not been arrested and had not been summoned by a Court. The learned Additional District Judge referred to certain precedent cases, including Raja Braja Sunder Deb and others Vs. Bamdeb Das alias Patlanaik and others (AIR 1944 Privy Council 1) and held:
"A perusal of these authorities shows that it has been held in very clear terms that where a report is made to the police in consequence of which no prosecution is lodged in a Court by the police, it cannot be said that there was malicious prosecution."
For the opposite view, Muhammad Amin Vs Jogendra Kumar Bannetjee and f.ihen (AIR 1947 Privy Council 108) and Nabir Shaha Vs. Shamsuddin and others PLD 1964 Dacca 111) were cited before the learned Additional District Judge ind he observed that in those cases, the accused were discharged after being summoned in Court; in any case, so observed the learned Additional District Judge, "It has been clearly laid down that if the matter does not reach the Court and the proceedings are dropped after investigation only, it cannot be said to be a case of malicious prosecution at the hands of the maker of the report". The learned Additional District Judge was, therefore, unable to "subscribe to the view of the learned trial Judge that from the evidence on record a charge of malicious prosecution has been made out against the appellant".
The learned Additional District Judge then proceeded to consider the question whether "the present decree can be maintained as the decree for damages for slander and libel" and held that "there can be no doubt that the imputation of abduction with the intention to murder makes the appellant liable for damages for slander and libel". The learned Additional District Judge was however of the view that the suit, if it was treated to be a suit for slander and libel, was barred by time. In his view. Articles 24 and 25 of the Second Schedule to the Limitation Act applied to such a suit, under those Articles, the period of limitation was one year from the date of libel and slander and as in the present case, the first information report was made on 1.9.1961 and the suit was instituted on 7.1.1963, it was "more than one year after the imputation".
In short, the learned Additional District Judge was of the opinion that on the facts of the case, "no decree can be passed in favour of the plaintiff on the ground of malicious prosecution and that the present decree cannot be maintained as a decree for damages on ground of slander and libel because of the bar of limitation".
It ought to be mentioned here that but for this view of the law, the learned Additional District Judge would have dismissed the appeals and maintained the decree of the learned Civil Judge, for as regards the findings of fact that the plaintiffs had suffered damage as a result of the proceedings against them, the learned Additional District Judge was in agreement with the learned Civil Judge that the circumstances of the case "go to show that a false allegation was made against the plaintiffs and others about abduction of Muhammad Hanif at their hands" and that the plaintiffs had suffered "mentally and ill-repute" by the false allegations against them.
The first question that must be asked is whether the view of the law taken by the learned Additional District Judge is supportable by the precedent cases. For that purpose, I will be content to refer to the principles to be gleaned from three Privy Council cases, namely, Bilbhaddar Singh and another Vs. Badri Shah and another (AIR 1926 Privy Council 46), Raja Baraja Deb and others Vs. Bamdeb Das alias Pattanaik and others (AIR 1944 Privey Council 1) and Muhammad Amin \. Jogcndra Kumar Bannerjee and others (AIR 1947 Privy Council 108). Before considering the rationes decidendi of these cases it is well to recall to mind two observations of a general character made by Lord Halsbury in Quinn Vs.Leathern (1901 A.C. 495, 506):
"One is to repeal what I have very often said before, that every judgment must be read as applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there are not intended to be expositions of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. The other is that a case is only an authority for what it actually decides. I entirely deny that it can be quoted for a proposition that may seem to follow logically from it."
12. In the first case (AIR 1926 Privy Council 46) the appellants before the Privy Council had been accused of the murder of one Sher Bakhsh. As a result of an inquiry, a Magistrate issued warrants for their arrest. The warrants could not be executed but when the case was taken up on the next day, the Magistrate discharged the appellants who had without the execution of the warrants of arrest voluntarily appeared. When the case reached the Court of the District Judge, some doubt arose whether this discharge was right and the summonses were issued to the appellants to appear before the District Judge. The District Judge again discharged the appellants "considering that there was no sufficient evidence to warrant their being put on their trial". These facts were held to be sufficient for founding an action for malicious prosecution; it was held:
"In any country, where, as in India, prosecution is not private, an action for malicious prosecution in the most literal sense of the word could not be raised against any private individual. But giving information to the authorities which naturally leads to prosecution is just the same thing. And if that is done and trouble is caused, an action will lie."
But as a result of the appraisement of the evidence, the Privy Council found that "there is not sufficient certainty in this doubtful matter to find that the appellants have discharged the heavy onus laid upon them", namely, that the story implicating the appellants had been invented.
In the second case (AIR 1944 Privy Council 1), the question was whether the plaintiff Raja of Aul had a cause of action for malicious prosecution. As regards him, the first information report suggested that he was to a large extent responsible for the purchase of a girl for sexual intercourse; as a result of this information, in the charge-sheet prepared by the police, the Raja was noted as an accused not sent up for trial and in fact he was never sent up. No criminal proceedings were ever taken against him. It was, in these circumstances, held that he had no cause of action.
In the third case (AIR 1947 Privy Council 108), the facts were follows. An agreement was entered into between the appellant and respondent No.l whereby the appellant had agreed to sell certain properly to a company which was formed by respondent No.l. The appellant alleged that subsequently, an oral agreement was made between himself and respondent No.l containing certain provisionswhich went beyond the wrilten agreement. Respondent No.3 company was incorporated in order to carry out the purchase from the appellant and certain property was transferred by the appellant to the company. Subsequently, the appellant took the view ihat the terms of the oral agreement which he had made with respondent No.l had not been carried out and accordingly, he refused to transfer the rest of the property included in the sale to the company. It was upon these facts that respondent No.2 acting on behalf of himself and respondents No.l and 3 filed a complaint against the appellant in the Court of the Magistrate under Section 190 of the Cr.P.C; it was said that as the appellant had refused to deliver the remainder of the properties agreed to be sold, he had committed an offence under Section 420 of the Penal Code or Section 406 of that Code. The charge was duly registered under Section 420 of the Penal Code. The Magistrate having taken cogni/ancc of the complaint, forwarded it to one Mr.Kukarji for inquiry and report under Section 202 of the Cr.P.C. The Magistrate gave the appellant a notice of the complaint against him and informed him that the inquiry would he held on certain dates. Later, the inquiry was entrusted to one Mr.Peenraji; he too did not hold the inquiry. Thereupon the Magistrate himself held the inquiry in open Court. Notice of the inquiry was given to the appellant who attended with counsel. The Magistrate, after inquiry, concluded that no case of cheating or for the matter of that no criminal case of any nature was made out by the complainant and he dismissed the complaint under Section 203 of the Cr.P.C. After a survey of a large body of case law, the Privy Council held:
The foundation of the action lies in abuse of the process of the Court by wrongfully setting the law in motion and it is designed to discourage the perversion of the machinery of justice for an improper purpose. The plaintiff must prove that the proceedings institute against him were malicious, without reasonable and probable cause, that they terminated inhis favour (if that be possible), and that he has suffered damage. As long ago as 1698 it was held by Holt C.J. in 1 It. Raym. 374 that damages might be claimed in such an action under three heads, (1) damage to the person (2) damage to property, and (3) damage to reputation, and that rule has prevailed ever since. That the word 'prosecution' in the title of the action is not used in the technical sense which it bears in criminal law is shown by the fact that the action lies for the malicious prosecution of certain classes of civil proceedings, for instance falsely and maliciously presenting a petition in bankruptcy or a petition to wind up a company: (1888) 11 Q.B.D. 674. The reason why the action does not lie for falsely and maliciously prosecuting an ordinary civil action is, as explained by Bowcn LJ. in the last mentioned case, that such a case does not necessarily and naturally involve damage to the party sued. A civil action which is false will be dismissed at the hearing. The defendant's reputation will be cleared of any imputations made against him, and he will beindemnified against his expenses by the award of costs against his opponent. The law does not award damages for mental anxiety, or for extra costs incurred beyond those imposed on the unsuccessful party. But a criminal charge involving scandal to reputation or the possible loss of life or liberty to the party charged docs necessarily and naturally involve damage and in such a case damage to reputation will be presumed.
From this consideration of the nature of an action for damages for malicious prosecution emerges the answer to the problem before the Board. To found an action for damages for malicious prosecution based upon criminal proceedings the test is not whether the criminal proceedings may be correctly described as a prosecution; the test is whether such proceedings have reached a stage at which damage to the plaintiff results. Their Lordships are not prepared to go as far as some of the Courts in India in saying that the mere presentation of a false complaint which first seeks to set the criminal law in motion will per se found an action for damages for malicious prosecution. If the Magistrate dismisses the complaint as disclosing no offence with which he can deal, it may well be that there has been nothing but an unsuccessful attempt to set the criminal law in motion, and no damage to the plaintiff results. But in this case the Magistrate took cognisance of the complaint, examined the complaintant on oath, held an inquiry in open Court under S.202 which the plaintiff attended, and, at which as the learned Judge has found, he incurred costs in defending himself. The plaint alleged the institution of criminal proceedings of a character necessarily involving damage to reputation and gave particulars of special damage alleged to have been suffered by the plaintiff. Their Lordships think that the action was well founded, and on the findings at the trial the plaintiff is entitled to judgment."
It will be seen that in none of these cases was there prosecution in the technical sense. In the first case (AIR 1926 Privy Council 46) all that happened was that the appellants were summoned by the Magistrate through warrants of arrest and by the District Judge by summonses but the appellants had not been arrested; nor had they been proceeded against for the charge of the murder of Shcr Bakhsh. In the second case there was only a suggestion in the first information report that Raja of Aul was responsible for the purchase of a girl for sexual intercourse; no proceedings of any kind cither before the Police or any Court appear to have been held against him. In the third case (AIR 1947 Privy Council 108) the complaint had not gone beyond the stage of inquiry under Section 202 of the Cr.P.C. Yet, in the first as also in the third case the personresponsible for the proceedings against the plaintiff would have been held liable for damages for malicious prosecution but for the fact that the evidence adduced was not sufficient to found the actions. As has been observed above, the second case (AIR 1944 Privy Council 1) upon which the learned Additional District Judge had so heavily relied was a case in which there had been no proceedings whatever against the Raja of Aul. That case must, therefore, be held to be an authority for its own facts,
The principles deducible from these cases, if I may venture to summarise them, are that the word "prosecution" in the context of malicious prosecution is not to be understood in the technical sense which it bears in the criminal law; that A the plaintiff is entitled to damages, if he is able to prove that the proceedings, whether civil or criminal, were malicious and were instituted without reasonable and probable cause and that he has suffered damage. As regards criminal proceedings, involving scandal to reputation or possible loss of life or liberty to the plaintiff, they do necessarily and naturally involve damage and in such cases, damage to reputation will be presumed.
17. The real test, therefore, is not whether the label of prosecution applies to such proceedings; it is whether they "have reached a stage at which damage to the plaintiff results". As Lord Reid said in H.West & Sons Ltd. Vs. Shepherd (1964 A.C. 326, 342). "damages are awarded not to punish the wrong-doer but to compensate the man injured".
IS. The true rule, if I may say so with great respect, which I would respectfully adopt, was laid down in Nabcr Shaha Vs. Shain-sn-ddin and others (PLD 1964 Dacca 11). The facts of that case have a close similarity to the facts of this case. There was a burglary in the house of Shams-ud-Din, defendant; the lalter's cousin, Jalil-ul-Haq lodged an FIR, in which he named the plaintiff as the person suspected to have some sort of connection with the theft and suspected thieves. On the basis of that first information report, investigation was started and the house was searched by the Investigating Officer. Ultimately, the police submitted a final report under Section 173 of the Cr.P.C. and the FIR was cancelled. During the investigation, the plaintiff being apprehensive of his arrest voluntarily surrendered and was allowed bail. On behalf of the plaintiff, search and defamation were relied upon as grounds for damages and the question was whether "in a suit for damages for malicious prosecution, the alleged defamation and defamatory statements which, according to the plaintiff, lowered him down in the estimation of the public, can be the basis for damages for defamation independently of the malicious prosecution of (?) the purpose of determining the amouni of damage. It was found that "whatever damages the plaintiff claimed were on account of false prosecution which impaired his reputation by defaming him in the eyes of the public and there is no separale cause of defamation. If the plaintiff fails in establishing his ease of malicious prosecution without reasonable and probable cause, we do not think that he can claim, in this suit, compensation for defamation apart from malicious prosecution which was stated as a cause for damages for malicious prosecution." Regarding the question whether the information to the police which did not culiminate in or reach the stage of prosecution could be called a prosecution for the purpose of an action for dam.iucs for malicious prosecution, it was held:
"Though the information to the police before it reached the stage of going before the Court cannot be technically called a prosecution within the meaning of the Code of Criminal Procedure, but for the purpose of malicious prosecution any proceeding akin to prosecution is enough. If it is proved that there is no reasonable and probable cause for such aproceeding against the plaintiff and if it is malicious, then certainly the person injured is entitled to the compensation".
19. But even if I am wrong in thinking that the Privy Council cases referred to above lend themselves to the view that the proceedings in this case amounted to milicious prosecution. I should take this opportunity to re-examine the law so that it is modified "to bring it into closer accord with the changed conditions in which it falls to be applied today". In so doing, I feel encouraged by the guidance to be gained from the decision in a recent case namely, Muhammad Akram Vs. Fannan Bi of my learned brother Gul Zarin Kiyani J (reported as PLD 1989 Lahore 200) and affirmed by the Supreme Court (reported as PLD 1990 S.C.28).
20. First, a word about the English common law, for it was said in Muhammad Amin Vs. Jogcndar Kumar Banncrjcc (AIR 1947 P.C. 108) that the action for damages lor malicious prosecution is part of that law.
21. The English common law is the national law of England. It has developed on a case to case basis, gradually, in response to the pressures of particular situations, the teaching of experience, the guidance of ideal and general principles and the influences of legislation. (Carnelius C.J. in Abul Ala Maudoodi case - PLD 1964 S.C. 673). Before independence, the English common law was applied in India, first because the Government of India Act, 1935, expressly provided that the law declared by any judgment of the Privy Council was binding on and should be followed by all Courts in British India, and secondly in the guise of the principle of "equity, justice and good conscience". Though, the Privy Council decisions are still held entitled to great respect, yet, both these bases have long ceased to be valid in Pakistan. We are governed by a written Constitution; and have an ideology based on the religion of Islam. Common law of England is not, and cannot be, the common law or the national law of Pakistan. It was held by the Supreme Court in Muhammad Akrain Vs. Fannan Bi that a suit for malicious prosecution is a suit of a civil nature within the meaning of Section 9 of the Code of Civil Procedure, and that makes resort to the common law of England unnecessary. As regards the question whether the rule of common law of England as laid down in Muhammad Amin's case can be pressed into service as an implied bar, it was held:
"The resort to a rule of common law of England in preference to the one of Pakistan Law or a rule of Islamic law or jurisprudence; or for that matter, the Islam common law, is not now possible under the Pakistan Constitutional legal set up".
22. The common law of any country must almost invariably march in step with common sense; it must accornodatc, to borrow that classic phrase of Holmes, to "the felt necessities of the times". For. it is a manifestation of an eternal struggle between constancy and change; a struggle between past reason and present needs. As was said in a recent English case, namely, MacShannon Vs. Rockwarc Ltd. (1978)1 All ER 625 at 629):
"The progress of the common law is gradual. It is undertaken step by step as what has been stated in previous preceedent to be the law is re-examined and modified so as to bring it into closer accord with the changed conditions in which it falls to be applied today".
Thus, historical continuity is neither a legal duty nor a necessity for us; nor should respect for the decisions of the Privy Council degenerate into mechanical slavery. We can, therefore, take the English common law from where it left off in 1947 and devclope and modify it so as to "bring it into closer accord with the changed conditions in which it falls to be applied today", or to put it in another way, to bring it into accord with the genius of our own law.
The genius of our law is enshrined in the Constitution and so that there is no doubt about it the Constitution is written. The preamble of the Constitution declares it to be the will of the people of Pakistan to establish an order wherein, among others, the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed, and the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah and wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality. By Article 4 of the Constitution, it is the inalienable right of every citizen to enjoy the protection of law and to be treated in accordance with law and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. Article 14 of the Constitution guarantees the dignity of man, and, subject to law, the privacy of home.
25. Good reputation or fair name is a basic right of a citizen in Islam. Muhammad Akram Vs. Fannan Bi (PLD 1990 S.C.28,39).
As Article 4 of the Constitution forbids any action detrimental to the life, liberty, body, reputation or property of any person to be taken except in accordance with law, it should follow logically that if any such action is taken and it is not in accordance with law, damage will be presumed. It is plain that a person may as well suffer by an action detrimental to his life, liberty, body, reputation or property which is not in accordance with law in proceedings in Court as in proceedings before an executive or administrative authority. In the context of the Constitution, therefore, it is no more necessary to hedge in an action for damages for malicious prosecution by the condition that the action was an abuse of the "process of the Court". It will, in my opinion, be more in consonance with the genius of the Constitution, Articles 4 and 14 in particular, to say that the foundation of the action for damages for malicious prosecution lies, not in the abuse of the process of the Court, but in the abuse of the process of law. For, if webear in mind the stark realities of life, it should appear plainly that proceedings before the police afford a stronger ground for an action for malicious prosecution than proceedings in a Court of law, for it (is) an unfortunate fact that, as things are, human dignity suffers or is likely to suffer more at the hands of the police than in a Court of Law.
I would hold, therefore, that if a plaintiff is able to prove that he was proceeded against by the defendant, that the proceedings were malicious, without reasonable and probable cause, that they terminated in his favour (if that be possible) and that the proceedings had resulted in damage to his person, property or reputation, then he should recover damages, whether the proceedings be before a civil Court, before the police or before a criminal Court.
It has been seen above that all these ingredients were fully established in this case. In the result, I would hold that the decrees of the learned Civil Judge were wrongly set aside by the learned Additional District Judge.
The tort feaser, Gharib 'Alam has died, and this raises the question whether the suits as well as the appeals have abated. It is argued that the maxim that applies in such cases is that personal actions die with the person. It will in this behalf be sufficient to refer to Mahant Saliq Ram Vs. Charam Dass and another (AIR 1939 Lahore 492), in which the legal position was summarised as follows:
"It is no doubt true that the right to get compensation for malicious prosecution is personal to the person wronged, and to such a right the maxim aclio personalis motititr cum persona, (a personal right of action dies with the person) fully applies. If therefore such person dies before suing lhe wrong doer, his heirs, executors or. administrator cannot, after his death, maintain an action for the same relief against the wrong doer^ In such a case clearly there is a discharge of the tort by the death of theperson wronged, and the wrong doer is released from all liability for his tortious act. It is equally clear that if the injured person had brought a suit in his life-time, but had died before a decree had been passed in his favour, the suit would have abated and his legal representatives could not have continued the suit after his death, for the 'right to sue' in such a case being personal to the deceased did not 'survive' (0.22.R.I, Civil P.C.). The position however is different when the suit had been decided in the plaintiffs lifetime and a decree passed in his favour granting him compensation. On the passing of the decree there is no longer an action pcrsonalis in existence; it has passed into a judgment and become a mailer of record (transit in rein judicatum). The original personal claim has merged in the decree of the Court and as such its character has entirely changed. The quondam plaintiff, as the decree-holder, has acquired the right to realize the amount decreed from the judgment- debtor, and this is a right of an entirely diffeent character. He may enforce it himself by process of law, or (unlike the original claim) he may assign it to a third party, who can execute the decree. Further the decree itself (also unlike the original claim) is ILTolc to attachment by a creditor of the decree-holder. It has to all intents and purposes, become a part of the 'property' of the decree-holder and, on his death, it devolves, as a part of his estate, on his heirs, executors or administrators, and they can execute it in the same manner as he would have done, if alive."
30. Learned counsel for the respondents also strongly relied upon Afaniiwnlala Balim/nlala v. Mst. Chattibai & another (AIR 1931 Nagpur 216) for his contention that as the decree in the plaintiffs favour was set aside by the First Appellate Court, the death of Gharib Alam has resulted in the abatement of this appeal against him. In that case, the plaintiff was awarded a decree for Rs.400/-. On appeal, the decree was reversed and the plaintiffs suit was dismissed. The plaintiff preferred a second appeal when the defendant died. The defendant's egalrepresentatives raised the objection that the right to sue did not survive and that the appeal had abated. It was held that "it is clear law that an action for defamation is a personal one, and if the defendant had died during the course of the original trial the case would undoubtedly have abated ihc matter is undoubtedly transit in rein judicatam, but the first decree has been wiped out by the appellate decree which grants no relief to the present appellant and imposed no liability on him except for payment of costs". It was also held that the plaintiff in such a case was practically in the position in which he was before he started the litigation so far as his claim was concerned; "in such a case there seems no valid reason why the litigation should not rest".
31. Now there are, in my opinion, a number of reasons for holding that the appeals have not abated. The first is that the maxim that personal actions die withthe person is a Roman maxim of doubtful origin. As has been said by that great author, Sir Frederick Pollock, in his book "The Genius of the Common Law" themaxim has no authority to support it. This is what he has to say on the subject:
"Mao. unluckily some one got hold of a supposed Roman maxim, for vkch there is really no authority, that 'personal actions die with the person'. By further ill luck an opinion for which classical Roman warrant docs exist came to reinforce this pretended authority, the opinion that a free man's life is incapable of pecuniary valuation. It is a fine ethicalobservation, but, I venture to think, inappropriate in the field of legal justice. In the result, the Common Law was saddled with the rule that the death of a human being cannot give rise to a civil cause of action, one of the most foolish rules, if I dare say so, that have ever been adopted by the Courts of a civilixed country; and we have to learn for law that, except for statutory exceptions, and apart from criminal liability, a man wounds or disables another at his peril, but may kill him outright with impunity".
I cannot, therefore, see any reason, and none was suggested, why we should import such a maxim into our law, particularly when instead of advancing the cause of justice, it has the effect of depriving the legal heirs of a plaintiff of their right to recover damages. It is common knowledge that if a man is subjected to false and malicious prosecution, the object is to persecute and harass not only that man but his dependants and family members also. Thus, the resulting damage is nol confined to ihat man; the entire family suffers. 1 cannot, therefore, agree in thinking that the action is personal to the plaintiff and the defendant and it dies with them.
One of (be objects of actions for damages for malicious prosecution is "to discourage the perversion of the machinery of justice for an improper purpose" and it would be scandalous to say that though the entire family has suffered humiliation, mental torture as well as financially, yet the death of the plaintiff or the defendant puts an end to the action.
There is then the well Icnpwn maxim, an act of the Court shall prejudice no man, which is founded upon justice and good sense and affords a safe and certain guide for the administration of the law. Herbert Broom, in his well known book on "Legal Maxims", says:
"In virtue of it, where a case stands over for argument on account of the multiplicity of business in the Court, or for judgment from the intricacy of the question, the parly ought not to be prejudiced by that delay, but should be allowed to enter up his judgment retrospectively to meet the justice of the case; and, therefore, if one party to an action dies during acuria advisari vull, judgment may be entered mine pro lunc, for the delay is the act of the Court, for which neither party should suffer".This maxim of justice and good sense applies to the facts of this case in this way that a decree for damages had been passed in Ihe plaintiffs favour, and if the learned Additional District Judge had not proccdcd on a wrong view of the law, the decree would have been maintained. This appeal was instituted as far back as May, 1966. Gharib Alam, defendant, died recently and if this appeal had beendecided within a reasonable time of its institution the situation with which we are confronted as a result of the death of Gharib Alam, would not have arisen. It is obvious thai the appellants are, in no way, to blame for the delay in the decision of these appeals and it will, therefore, be wholly unjust to punish them for something far which they are nol responsible at all. As has been seen above, it was not on the merits of the case that the learned Additional District Judge reversed the decree of the learned Civil Judge. He would have dismissed Gharib Atom's appeals, but
for the wrong view of the law, which led him to hold that the facts of the case did not amount to malicious prosecution.
35. The last and the most important reason is that the so-called maxim that personal actions die with the person is repugnant to the spirit and the common- ense principles underlying the law of Islam. The rule of the English common law that the death of a human being cannot give rise to a civil cause of action is based upon the principle that a dead-man cannot be compensated. What it fails to take into account is that if the dead-man cannot be compensated, his dependants, who had suffered with him, can be compensated. In sharp contrast to this view, Islam allows the victim and his heirs, even in cases of serious crimes, to accept monetary or other compensation from the criminal and the Slate "must to its best assist them in achieving their object and in appropriately exercising their rights". (Per Shfi-ur-Rehman J in Federation of Pakistan v. Gul Hassan Klwn--PLD 1989 S.C.633, 684). The hoary fallacy from which the common law suffers must, therefore, give way to one of the first principles of the Islamic Law that a dead-man's heirs are, in appropriate case, entitled to be compensated.
36. For these reasons, the appeals are accepted, the judgments and decrees of the learned Additional District Judge dated 21.9.1965 are set aside and thejudgments and decrees of the learned Civil Judge dated 25.5.1964 are restored. In the circumstances of the case, and in view of the time that has elapsed since the filing of these appeals, the parties are left to bear their own costs.
(MBC) Appeals accepted.
Posted by Advocate Salman Khan Golra at 05:31
Labels: Constitutional Attorney, Islamabad Constitution Attorney, Pakistan Constitution Attorney
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Www.digitalplayspace.com - British Actress Who Played Rey In Star Wars. This text talks with regards to the difference of cartoon and anime, and the definition of each in a variety of classes. Anime, generally from Japan, shows itself being a good deal further and nicely thought-out in plot and character improvement than those of cartoons.
An animation is defined as a visual shift in a scene connected to time. The visual shift in the scene isn't only related to the shift in the career of this thing, but additionally having its own contour, color, transparency, texture and structure. An important point about cartoon is that it usually suggests the hand attracted or artificially drawn series of pictures, which contrasts to the pictures where performers performances with real-world scenes are listed.
3D Cartoon animation has appear up as among one of the most endorsed technologies in the present computer system age. This is a kind of graphic imaging which has taken more than 2nd or scale design puppets too as drawings which ended up generally called stop motion animation. Over the decades, there has been an at any time expanding need for cartoon films as well since the use of 3D cartoon animation within the media for endorsement of brand names which has initiated superior plus much more complex imaging software's out there. This is similar to British Actress Who Played Rey In Star Wars.
Similar to British Actress Who Played Rey In Star Wars, If you had been to request a lot of people what their beloved productions ended up little doubt each individual might have their own individual personal lists. You would be amazed within the number of animated kinds that may be included. So if who at any time explained that cartoons are for teenagers? They are really something that touches the hearts with the younger and outdated for either gender.
Animation is fast becoming an extremely popular career choice for those considering combining their love for art with their love for calculating. With movies such as Monsters Inc. and Cars holding the attention of kids and adults alike, so it's no surprise that animation technicians are becoming popular after.


text:
Election 2016: Your money, your vote
MSNBC's Joe Scarborough and radio host toy with Trump VP possibility
by Dylan Byers @CNNMoney January 27, 2016: 9:47 PM ET
Trump feuds with Fox...again
MSNBC's Joe Scarborough refused to rule out the possibility of serving as Donald Trump's running mate on Wednesday night -- until he was pressed by reporters to explain his ambiguity.
In an interview with conservative host Hugh Hewitt, Scarborough spent several minutes trying to sidestep questions about whether or not he would accept such an offer from Trump, should the GOP frontrunner win the nomination.
"I don't know where you get that from?" said Scarborough, co-host of "Morning Joe."
"You always get me in trouble with questions like this, Hugh. ... Nobody's going to ask me to do anything but, like, take them to softball practice and baseball practice."
"I don't know. I don't think he would ask me," Scarborough later said in response to Hewitt's persistent questioning. "Let's move on."
Hewitt didn't move on, and ultimately forced Scarborough to respond by saying he would do "just about anything to try to get the White House back," which Hewitt interpreted as a "yes."
"No, it's not a yes," Scarborough replied. "You're telling me this is why I walked away from dinner with my kids, to not answer this question?"
Scarborough declined to comment on Wednesday. But on Twitter, he had fun while closing the door on the possibility Hewitt raised: "I rule it out. Now on to more important things. What's REM's best album? 1/ Murmur 2/ Reckoning or 3/ Fables?"
I rule it out. Now on to more important things. What's REM's best album? 1/ Murmur 2/ Reckoning or 3/ Fables? https://t.co/q92WudtDye
— Joe Scarborough (@JoeNBC) January 28, 2016
And in another tweet: "Ok. Responded 5 times. Hugh does this every few months. Next month I'll be lined up to coach the Maple Leafs."
Ok. Responded 5 times. Hugh does this every few months. Next month I'll be lined up to coach the Maple Leafs. https://t.co/uZlKE7RR5I
Scarborough's on-air response was hardly the declaration that Hewitt and others interpreted it to be. But it's notable that the "Morning Joe" host didn't initially rule out the possibility outright.
For NBC News insiders, it raised questions about what they interpret as Scarborough's favoritism toward the Republican frontrunner. Scarborough has made no secret of the fact that he's close to Trump, and often speaks favorably about him on "Morning Joe."
Editor's Note: This article has been updated with Joe Scarborough's tweets after the Hewitt interview.
CNNMoney (Des Moines) First published January 27, 2016: 9:10 PM ET

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text:
Q: NSWindow not Activating I create a window in a helper tool that runs in the background (it's not an app bundle with a .nib and Info.plist, but a plain executable). When -makeKeyAndOrderFront: is called, the window is displayed but it does not "pop" out like an active window.
Can this be fixed?
Regards,
Erik

A: You should wrap the helper tool as a regular .app bundle with at least Info.plist. Then the problem goes away. A GUI app in OS X needs to have an Info.plist to receive events correctly.
The way a GUI app misbehaved if not in an app bundle has never been clear to me. If I remember correctly, it changed over time, depending on OS X's versions. I think it behaved worse in previous versions of OS X. For example, the window is shown but I couldn't click any UI inside it.
Many people who compiled a program in a cross-platform toolkit faced this problem, see e.g. this discussion here in the WxWidgets wiki. Apparently, OS X doesn't mark a program not within an .app bundle as a foreground-able app, which causes your problem. You can use TransformProcessType from your binary not inside an .app bundle to make a foreground-able app to solve your problem, but that's not a documented/intended usage of this function.
So, just wrap it in an .app bundle.
Update:
This "foreground-able-ness" is controlled by the activationPolicy of an app, see this doc on NSApplication. Found the info on this post on Cocoa with love.

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text:
With a reputation for ceramics dating back centuries and known for being the town where the famous surrealist painter René Magritte spent his childhood, Châtelet is a multifaceted municipality located on the outskirts of Charleroi. Managing to be both urban and rural at the same time, exclusive and yet popular, life is lived at its own pace with its many green spaces, including the unique Sébastopol reserve. This is an area undergoing a full transition, bringing with it many surprises and no shortage of innovative projects, whilst offering a large range of living styles with something to suit everyone. Come and see for yourself.
Address : Rue Gendebien, 55 – 6200 Châtelet
Tucked away on the banks of the river Sambre and taking Châtelineau and the historic village of Bouffioulx under its wing, Châtelet is a town undergoing a full transition with a population of just over 36,000. Famous for the Entre-Sambre-et-Meuse marches, its Cavalcade parade and House of Pottery, it is also renowned as the place where the illustrious surrealist painter René Magritte spent his childhood and adolescence. This town with many faces, where vestiges of its gritty industrial past rub up against medieval architecture, residential neighbourhoods, commercial areas and swathes of pasture, is currently in the throes of an ambitious urban renovation project aimed at promoting mobility and improving its citizens' quality of life.
The land of potters
For over twenty centuries, Châtelet (and Bouffioulx in particular) has been renowned for its expertise in pottery. With its exceptional quality clay soil, the first potteries started to appear in Gallo-Roman times. Forges, glassworks and nail factories then started to spring up in the region, drawn to its optimal location for waterway transport.
A diverse town
As a former bourgeois and industrial city, Châtelet has preserved traces of its rich history. The result is a place that is both chic and yet popular, its streets strewn with stunning townhouses (such as the Art Nouveau townhouse where Magritte grew up, which now plays host to exhibitions as well as art and philosophy workshops) and workers' cottages packed with charm. A town of contrasts, it is made up of both urban and rural spaces. Although it is still home to some industry, it has been able to hold on to its green spaces, including the Bois de Châtelet, the municipal park, the Sébastopol reserve, the rocky outcrop of Bouffioulx and the famous slag heaps where fauna and flora have reclaimed their rightful place. This means that Châtelet offers many possibilities for people to seek refuge in the heart of nature, whether in one of the places listed above, or when out on strolling around the neighbourhood on the RAVeL path.
All facilities within easy reach
As a town, Châtelet has everything you might need in the way of shops, services and facilities. There are the big household names, local shops, boutiques, markets, bars, restaurants, sporting infrastructure, schools (from nurseries through to secondary), health centres, etc. Ideally located on the outskirts of Charleroi, it enjoys excellent transport links with many bus lines as well as a railway station and easy access to major highways.
There is no shortage of opportunities for getting together in Châtelet. Folklore is still a big part of everyday life, as seen by the unmissable Saint-Roch march and the Grande Terre imperial march, the Cavalcade parade and the Bouffioulx Pottery Festival.
Châtelet is a dynamic and creative town which hums with projects and never misses an opportunity to catch people by surprise. Hurry up and discover it!
Railway station (line 130, from Namur to Charleroi)
Easy access to Charleroi's R3
Cora shopping at Châtelineau
Extremely well-served by TEC bus lines
Châtelet: an urban centre with an industrial past
Châtelineau: a more residential area
Bouffioulx: medieval at heart in a rural environment
All types of housing, from apartments to townhouses, including workers' cottages and villas.
Châtelineau sports complex
Sébastopol nature reserve
Municipal park spanning 15 hectares with footpaths, 3 children's play areas, a shared garden and citizens' allotment
www.chatelet.be
directeur.general@chatelet.be
The other communes in the metropolis
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text:
Police Finds 300 Tortured Students in Nigerian Islamic School
Written by Imelda Cengic
More than 300 Nigerian boys and men, some as young as five, have been rescued during a raid on an Islamic school in which some of them were found in chains, beaten and sexually abused, CNN reported.
More than 300 Nigerian boys and men have been rescued during a raid on an Islamic school (Photo: Nigeria Police Force @PoliceNG )Police on Thursday arrested seven people, including six professors and the owner of the building. They are suspected of having kept the children under "inhuman conditions in the name of teaching them the Quran and reforming them."
According to police, some of the captives are from neighboring countries while some were brought there by their parents.
''This is not a rehab or an Islamic school, because, as you can see yourself, small children. Some of them are from abroad, from neighbouring countries, Burkina Faso, Mali, Gana and the rest are gathered here, some of them even chained,'' local police chief Ali Janga told reporters.
In the building in Kaduna city, police have found a "torture chamber'' where children were tied up and beaten, as evidenced by a large number of serious injuries on the bodies of the young students.
''They use to beat us even when we went to observe our prayers,'' a 14-year-old victim said. ''It was my father who told them to bring me here,'' the boy added.
But, the owner of the building had a different story.
He claimed that the parents brought their children to him for rehabilitation, and denies all the allegations of molestation and said that ''those in chains are stubborn ones who attempted to escape.''
''All we do in the center is teach people Islam and all those allegations of torture and dehumanizations and homosexuality are false,'' he said. ''We don't do anything other than reciting the Quran,'' he claimed.
Apart from being one of the most densely populated communities in the state, this part of Nigeria it is also predominantly muslim. One of the locals reported the case to the police.
''Authorities should check all of these illegal structures and make a proper investigation,'' one of the locals said.
Isa Ibrahim, who tried to escape the day before the raid, explained that being there is like "living in hellfire.''
"If you are praying they will beat you. If you are studying they will beat you," Ibrahim told the BBC.
The victims are currently in a camp where they are provided with food and medical assistance, while authorities are trying to contact their families.
''Yesterday when I came, one of them was vomiting blood so it was really critical,'' a woman from the medical service said. ''One couldn't even stand,'' she explained.
She also said that some of them needed to be taken to the psychiatric hospital.
Chika Oduha, a freelance journalist, described the crime as disturbing and said that this is not something unusual for Nigeria.
''There are many unauthorized, unregulated schools that are operating as Islamic schools to indoctrinate students to learn the Quran, to pray and just to learn the tenets of Islam,'' she said.
It is still not clear how long the children were held in the school.
Nigeria	child abuse
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text:
Popular Wakefulness Drug May Be Addictive
Author: Brandon KeimBrandon Keim
An alertness drug developed as an addiction-free alternative to amphetamines might be addictive after all.
Researchers have found that people taking modafinil experience a surge of dopamine, an important cognitive neurotransmitter. Such dopamine upswings are seen in people taking Ritalin, and are considered a chemical signature of possible addictiveness.
"It was believed that modafinil won't have a prominent dopaminergic effect and the likelihood of addiction is very low," said study co-author Nora Volkow, director of the National Institute on Drug Abuse. "But the potential for abuse and addiction is likely to be there."
Modafinil was approved by the FDA for treating narcolepsy and sleep disorders in 1998, but has since been used to treat depression, Parkinson's disease and fatigue. It has also become a popular stimulant, used by soldiers to stay awake and by citizens looking for a safe brain boost.
When it was approved, pharmacologists didn't know exactly how it worked, but said that unlike amphetamines and other dangerous stimulants, it didn't boost dopamine levels.
However, subsequent research on animals suggested that modafinil does affect dopamine. That suggestion is affirmed by the latest findings in humans, published Tuesday in the Journal of the American Medical Association. So are the cautions of neuroethicists who worry that the social pressure to take cognition-enhancing drugs could outpace scientific understanding.
An informal survey by the journal Nature found that roughly one in 10 researchers has used modafinil, also marketed as Provigil and Alertec, and non-prescription use is believed to be increasing. Other experimental cognition-enhancing drugs, such as racetams, Adrafinil and donepizil, may soon follow modafinil's medicine-to-enhancement path.
"At the moment we start seeing addictive properties of a substance that was thought to be non-addicting, red flags go up," said Judy Illes, a University of British Columbia neuroethicist. "We're no longer talking about a substance that easily meets safety standards."
Volkow's team gave therapeutic doses of modafinil to 10 men, then injected them with small doses of cocaine labeled with short-lived radioactive isotopes. Using an imaging technology that tracks radioactive particles in the body, they watched the cocaine go to the brain's pleasure centers, where it would normally bind with dopamine receptors.
Instead of binding, the cocaine continued to circulate — evidence, said
Volkow, that modafinil had already swamped the receptors, just as it does in animals. And when dopamine receptors are blocked, circulating levels of dopamine increase.
Volkow cautioned against jumping to conclusions: the findings didn't quantify modafinil's possible addictiveness, and other as-yet-unidentified chemical interactions may counteract the dopamine effects. Medical literature contains isolated reports of abuse, she said, and none of addiction — but that may be because modafinil is relatively new, and researchers haven't looked to see if people were hooked.
In the future, said Volkow, drug-abuse researchers should study modafinil's effects. The FDA could require data of the sort produced by her team, which required a technology not widely used when modafinil was approved.
Even so, it's almost inevitable that the FDA will approve drugs before they're fully understood. "The clinical trial process doesn't produce
10 years of data. It's not as exhaustive as we want it to be," said
Josephine Johnston, a bioethicist at the Hastings Center, a nonpartisan think tank.
"Even now, after all the years that it has been on the market, we are still learning things" about modafinil, said University of Pennsylvania neuroethicist Martha Farah. "I think this goes to show that we need a little caution and a little humility when we're messing around with our brain chemistry."
Citation: Effects of Modafinil on Dopamine and Dopamine Transporters in the Male Human Brain." By Nora Volkow, Joanna Fowler, Jean Logan, David
Axeloff, Wei Zhu, Frank Telang, Gene-Jack Wang, Millard Jayne, Jacob
Hooker, Christopher Wong, Barbara Hubbard, Pauline Carter, Donald
Warner, Payton King, Colleen Shay, Youwen Xu, Lisa Muench, Karen
Apelskog-Torres. Journal of the American Medical Association, Vol. 301
No. 11, March 18, 2009.*
Image: Levels of cocaine binding with dopamine neurotransmitters in the brains of a control group (left) and men taking modafinil (right) / JAMA
20 Percent of Scientists Admit Using Brain-Enhancing Drugs – Do You?
Brain-Enhancing Drugs: Legalize 'Em, Scientists Say
Brandon Keim's Twitter stream and Del.icio.us feed; Wired Science on Facebook.
#Drugs & Alcohol
#mental health


Yes, it is once again that time of year! It is time for our Nepsis Capital Top 10 Predictions for the Stock Market in 2017! As in years past, we once again were 10 for 10 in our predictions for the previous year. A trend we intend on keeping!
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Home » News » Our vendors: Carmen (Hinz&Kunzt, Hamburg, Germany)
Log in here to access the INSP Hub. This will give you access to the INSP News Service, Guides and Resources, Announcements and the Member Forum. These resources are for staff at INSP member street papers only. If you work for a member street paper and have not yet got a log in, please request access here.
Our vendors: Carmen (Hinz&Kunzt, Hamburg, Germany)
9 December 2015 by INSP News Service
Interview by Jonas Fullner, Hinz&Kunzt
Carmen, 39, sells Hinz&Kunzt in front of Aldi in Lüneburg.
A few weeks ago Carmen narrowly escaped death.
For hours she stood at her spot trying to sell copies of Hinz&Kunzt. Without success. On the way home she started to feel ill. But instead of taking a break and at least having something to drink, she spent her last cents on a bus ticket. Never dodge the fare. But at home she could not move. Her husband called an ambulance. The emergency doctor diagnosed a heart attack. At the age of 39.
A serious shock – especially since Carmen's brother died of a heart attack aged 27. Even so, she left hospital after only six hours. She did not want to leave Ionut, her 12-year-old son, unsupervised at home. And she was afraid of high medical costs. After all, she is not insured. The native Romanian says she already owes 4,000 euros. Even though she never did anything wrong. "I pay for bus and no steal," she assures in broken German. She is unable to pay her numerous medical bills.
For five years Carmen has been struggling with health problems. She had a serious car accident near Brunsbüttel in 2010 and lost her unborn child. Carmen says, "Since then I have never been well."
But Carmen's life was not easy before the accident either. She grew up in a small village in the east of Romania. A poor region, where there is neither work nor hope. An education was out of the question. She did not even finish school. When Carmen was 14, her brother died. His children came to live with their grandmother and Carmen had to look after them. Thinking about her childhood still brings tears to her eyes.
At the height of the global economic crisis in 2008 she left the country. She tried her luck in Hamburg as a street musician first, with an accordion. She knew how to play only one song. "Donauwalzer all the time," Carmen laughs. A rare sight. She was actually happy back then. She earned enough money for a room. With the health issues the debt increased. Carmen says, "I often cannot sleep at night".
Luckily she received a seller ID from Hinz&Kunzt. The sales of the newspaper secured her livelihood. But the worries continue, particularly for the future of her children. While her daughter Ionela has a family of her own now, the 22-year-old is unable to find a permanent job.
And then there is Ionut, the apple of her eye. The 12-year-old only started attending school in October. Why? "I was afraid," says Carmen. Afraid that her son would be taken away from her because of her debts or that she herself would be sent back to her native country. Only at Hinz&Kunzt did she receive help. Carmen drew new hope. Her biggest wish: "Ionut should have it better in life than I had."
INSP publishes an international vendor story every week. Come back next Wednesday to read another story from one of the thousands of inspirational men and women who sell street papers.
#ourvendors, Germany, Hamburg, Hinz&Kunzt
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Vendor City Guide: Oxford
The Big Issue has been reaching out to vendors across the street paper network to get the inside scoop on the cities they know best. Here, vendor Steve talks about Oxford.
Vesna Avramović: The lessons I have learned from Liceulice
In this letter, Liceulice vendor Vesna Avramović tells a very personal story. She describes the personal changes that working as a vendor have brought into her life. She used to lack the confidence to communicate, was prone to anxiety attacks and was also afraid of all sorts of rejection. In time, these tensions lessened, and she started to find joy in her life and work.
Vendor City Guide: Prague
The Big Issue has been reaching out to vendors across the street paper network to get the inside scoop on the cities they know best. Here, Nový Prostor vendor Slavko talks about Prague in the Czech Republic.
Reflections from the 2019 Global Street Paper Summit by INSP board member, and Real Change founding director, Tim Harris
After attending the 2019 Global Street Paper Summit, INSP board member, and Real Change founding director, Tim Harris offered some reflections on the state of the street paper movement and what we have to look forward to in the future.
Vendor City Guide: Cardiff
The Big Issue has been reaching out to vendors across the street paper network to get the inside scoop on the cities they know best. Here, Maurice Richards, a Big Issue vendor in Wales, talks about Cardiff.
Thoughts of a truly European vendor
Janko is a Nový Prostor vendor currently based in Prague, Czech Republic. He has over eight years' experience of being a magazine vendor and he has worked in various European countries during this time. Here, he talks about what his life as a vendor is like and explains why striving for good fortune and having hopes for the future are important in life.
Our vendors: Rooster Tinch (Toledo Streets, Toledo, USA)
In a twist on the long-running vendor profile feature, Claire McKenna tells us more about Toledo Streets vendor Rooster Tinch. Claire is a Toledo Streets vendor and program manager who has become close to Rooster since he started working as a vendor in early 2018. Here, she talks about how Rooster has become part of the Toledo Streets family and a valued and successful team member – and shares the maxims that he lives by.
Glasgow pays tribute to much-loved Big Issue vendor Paul Kelly
After news of his death broke early last week, tributes began to pour in for popular Big Issue vendor Paul Kelly. Today at his pitch, outside Sainsbury's supermarket on the city's main shopping street Buchanan Street, where flowers, messages and mementos had sprung up in his absence, a crowd of people joined friends, colleagues, and others who had been touched by his character and presence, for a vigil in his memory.
Stress on the streets
All of us experience some degree of stress in our everyday lives. For those who are homeless, however, stress can be a debilitating and chronic issue. Street Roots talked to a number of individuals about their experiences of life on the streets and about the impact that stress has had on their lives. This is especially pertinent as delegates at this year's ongoing Global Street Paper Summit talk about dealing with conflict and vendor welfare.
Our vendors: Sascha (Asphalt, Hannover, Germany)
Asphalt vendor Sascha talks about his struggles with his mental health, his childhood, his love of movies and his penchant for creating movie themed podcasts. Asphalt is based in Hannover, the city hosting this year's Global Street Paper Summit.
A day out with Draussenseiter vendor Lothar
At the end of January, when there was still snow in Cologne, Draussenseiter vendor Lothar was equipped with an analogue camera and asked to record a day in his life. He liked the idea and started documenting straight away. Here you can see the selection of photos Lothar captured, along with his comments.
Our vendors: Reghina (Asphalt, Hannover, Germany)
Originally from Romania, Reghina (55) is now an Asphalt vendor in Hannover, the host of this year's Global Street Paper Summit. Here she speaks about being the subject of discrimination in her home country, moving with her kids to the Czech Republic, and then herself to Germany, and finding a kind of friendship with her customers.
#INSP2019: Hannover town hall exhibitions portray experiences of German homeless community in two very different eras
Ahead of the welcome reception to officially kick off the 2019 Global Street Paper Summit, attending delegates were able to view two fascinating, and contrasting, exhibitions: 'My Hannover', a series of street photography taken by the city's homeless population, and 'Homelessness during the National Socialist dictatorship', which provides insight into the plight of the homeless community under the Nazi party.
#INSP2019, Asphalt and Hannover: Learning about Summit hosts from its vendors
A group of #INSP2019 delegates were lucky enough to learn about Hannover's homelessness situation from host street paper, Asphalt, and one of its vendors, Thomas. Delegates visited the Asphalt office, learning about its processes and were given a tour of social spots important to those living on the streets of Hannover.
Vendor City Guide: Hannover
As street paper delegates arrive in Hannover for the 2019 INSP Summit, and embark on a walking tour of the city, Thomas, a vendor of Hannover's street paper Asphalt, gives his insider tips to where to go and what to do.
The love that grows by being shared
Bojana Ivanov Ljubomirov and Petar Jugovic are Liceulice vendors who have found happiness together. They were already working as magazine vendors when they met each other, and they have gone from strength to strength since joining forces to sell the magazine together. Not only are they growing in confidence; they are also building a life together and sharing their joy with others.
©2019 INSP


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In honor of Hemophilia Awareness Month, I wanted to write a post to help other adoptive parents understand what can be involved in adopting a child with hemophilia.
My son, who came home from China in 2013, has severe Hemophilia A (the most common type of hemophilia), which means that his body does not make one of the proteins necessary to make his blood clot (Factor VIII, commonly denoted as FVIII). These clotting proteins work together and stack up much like the row of dominoes you might have pushed down as a child to watch each domino fall in turn, in a neat row. But, when one is missing, the chain reaction doesn't happen. For blood clotting, that can be a serious problem.
Although individuals with hemophilia don't bleed faster than a typical person, they bleed longer, both externally and internally, than those of us whose clotting processes work normally. The biggest danger for these children (and adults) is internal bleeding into joints, muscles, internal organs, and in the head, which can damage the brain. Joint bleeds can cause crippling damage without treatment. The good news is that hemophilia can be treated, and these children can live long, healthy, active lives without joint damage. Without treatment, the average lifespan is 24 years.
Aside from clotting differences, these children are no different from any other child. My son is bright, funny, and inquisitive. He loves to laugh, he loves to build things, and I love him to pieces. Before he came home, like any good adoptive parent, I read everything I could get my hands on to understand his condition because, frankly, I knew very little about life with hemophilia. I found many resources for parents of children with hemophilia. I joined Facebook groups for mothers of children with hemophilia. And, I read Raising a Child with Hemophilia. But, I found that there were few resources available to help me understand the unique challenges and blessings associated with adopting a child with hemophilia. Thus, in this post I list a few of the things I have learned along the way (and that I wish I had understood ahead of time) to help other parents who choose to adopt one of these precious boys!
Before my son came home, I knew the basics about hemophilia treatment. But I didn't understand the differences between treatment approaches in the United States and China or the potential effects of these differences on my son. The main treatment approach for hemophilia is to replace the missing clotting protein (factor) either "on demand" (as needed for a bleeding event) or on a regular basis to prevent bleeding (called prophylaxis). Prophylaxis is the standard of care for severe hemophilia in the US. And, synthetic factor concentrate products are widely available in the US, whereas cryoprecipitate from human blood products is more readily, but not widely, available in China. Many children are treated on an "as needed" basis for severe injuries (e.g., a scalp hematoma). Otherwise, they do not get treatment and endure painful joint bleeds that can eventually result in immobility and joint damage. Some children are fortunate to receive regular, prophylactic infusions of factor in China, but this is rare.
In addition, infusions themselves are typically very different in China than in the US. Cryoprecipitate takes longer to infuse because it takes more of this product to replace a child's missing factor. Thus, children must endure overnight, and often multi-night, hospital stays for treatment – when they are fortunate enough to receive it. In the US, infusions of synthetic factor concentrate products happen in minutes, usually in the child's home. So, treatment may have been more traumatic for our boys prior to their coming home than it will be in the US. Those memories may affect our boys' responses to treatment here.
That said, I have found that there are also benefits of these differences in treatment approaches. Our boys understand well the painful effects of their condition. Children with severe hemophilia in the US receive prophylactic treatment from a very early age, so they may never experience the devastating, painful effects of a joint bleed. My son, on the other hand, is well aware of his inability to walk and his "owie" knees in China. He willingly participates in his infusion treatments via peripheral IV at home because he KNOWS what happens when he doesn't have factor.
in the US we have a wonderful, federally-funded system of treatment centers, called Hemophilia Treatment Centers (HTCs), that provide comprehensive care to our children. They have a multi-member team devoted to all aspects of hemophilia care, including a hematologist, a nurse coordinator, a social worker, a physical therapist, and an education specialist. We see the whole team every three months. This will go to 6 months and then yearly as my son grows. I can't say enough good things about the comprehensive care approach. I have learned from the wonderful team at my HTC how to manage my son's condition and let him live as an active, joyful, lively child. I don't wrap him in bubble wrap and worry about every bump and fall. He runs, plays, and lives life joyfully; if he has a bleed, we treat it. This is a very manageable condition.
Fortunately, I had a hunch that a good stroller may be important if my boy had painful joints. (I was also lucky that he was toddler age and could be easily carried at 30 lbs. when I met him.) I would recommend highly that you find a stroller that will work for your child even when your boy is bigger than toddler age. I have used our stroller a number of times when my son had joint bleeds here in the US. While in China, I bought an umbrella stroller for our in-country outings.
I also learned that children with hemophilia in China are often restricted from many activities because falls and twists can cause joint bleeds. So, their gross motor development may be delayed, and they may not be accustomed to all the walking you will do while in country for your adoption trip. Additionally, if they have suffered joint bleeds, they may have painful joints and need to be carried or wheeled around. Treatment and regular activity will help strengthen joints once you get home, but healing takes time and requires supports!
In my son's first year home he gained 9 pounds and grew 5 inches. That's double the average growth rate for a typical toddler, but it is not surprising for a child coming to the United States from an institutional setting. Although I knew that my son's factor dose was based on weight, I didn't realize how important it would be to monitor changes in his weight regularly. What I (finally) realized was that my son would have periods of no joint bleeds when his factor dose matched his weight. Then, he would get several bleeds in close succession, and we would realize that he had grown and was under-factored relative to his weight. In other words, he outgrew his factor dose far more often than a typically developing child in that first year.
Joint bleeds are the most common complication of hemophilia, and they can be life altering because they can lead to joint damage over time and with repeated bleeds. However, having no experience with hemophilia, I was not sure what to look for with my son's joints. This may seem silly, but when I thought about anything labeled a "bleed," I thought it would probably look red, or at least bruised and discolored. When I Googled images of joint bleeds I saw horrendous pictures of big, discolored joints. But, I really wasn't sure what to look for in my son. I can tell you now, after several joint bleeds, that you may not see much of anything at first!
When a joint bleed begins, small capillaries begin bleeding into the joint space. It may feel bubbly to your child. He may say it tickles or itches, and it may be painful before you can ever see visible signs of the bleed. If you feel the joint and it's warmer than its counterpart on the other side of your child's body, if your child's movement is affected, or if the joint begins to look puffier than its counterpart, your child may well have a bleed.
Earlier treatment is better. So, waiting until the joint is noticeably bigger or more discolored than a typical joint is not a good idea! Look for small signs: changes in movement, using the left hand instead of the right, holding an arm or leg differently than normal, limping, warmth in a joint, and complaints of pain, even when the joint may not yet be noticeably different, should all be taken seriously.
When children and adults with hemophilia experience joint bleeds, their joints become more apt to bleed in the future. Think of a sprained ankle. When you sprain an ankle, even if it has healed, a trip or fall is more likely to injure that formerly injured joint. Our boys' joints are the same. With repeated bleeds, certain joints may be more prone to bleed with even minor injury or activity. Hematologists refer to these bleed-prone joints as target joints, and treatment is often designed to prevent repeated bleeds such as these in order to preserve joint health and prevent permanent damage.
Hemophilia treatment is expensive but is covered by insurance. The standard of care for severe hemophilia is prophylactic treatment, which means regular infusions of your child's missing clotting factor 2, 3, or more times per week in your home, usually with the aid of a home health nurse. This means that you will deal with multiple companies that serve your child's needs, all coordinated by your Hemophilia Treatment Center.
A specialty pharmacy supplies your child's clotting factor and the infusion supplies (e.g., needles, syringes, gauze, band-aids, alcohol wipes, gloves, basically all the things you need to do infusions at home), which are sent to your home on a regular basis. A home health company provides the nursing care, and the Hemophilia Treatment Center manages all aspects of care, coordinating with the pharmacy and the nursing company.
It took me a little while to understand who did what, who sent what to my house, and who I should talk to about all the little nitty-gritty aspects of my son's care. It also took me a while to understand that the infusion supplies, which take up one kitchen cabinet in my house, are OUR supplies not the nurse's supplies! These things will all fall into place. Our specialty pharmacy is terrific, even down to sending the particular character band-aids my son prefers. Although factor medication is costly, insurance covers that cost, and the factor manufacturers offer co-pay assistance programs to help families. Baxter, for example, offers $12,000 per family per year to help cover out-of-pocket costs, which more than covers my deductible for my son.
If you are in the process of adopting, you will want to know what kind of hemophilia your child has. Hemophilia A (where a child is missing Factor VIII) is most common, and Hemophilia B (where a child is missing Factor IX) is next most common. There are other types, and treatment depends on the type. Your child's institute may not have access to that test, though. I can tell you that all but one of the children I've seen with hemophilia from China have had Hemophilia A; the other child I've seen had Hemophilia B. Check with your agency to determine what kinds of questions they think are appropriate for your child's institute.
You may want to ask if the child receives regular treatment, and if so, what kind. Some children receive regular, prophylactic infusions of clotting factor, and others aren't so fortunate. You might ask if the child has ever been treated with clotting factor and why. Or, you may ask if the child has had any injuries or has any particular joints that cause him difficulty. Whether or not you have answers to these questions won't really make a difference in what happens after he gets home, though. Your HTC will assess your child's clotting factor levels and design the best treatment plan for him based on his condition when he arrives home. Any information you can provide beforehand may help them anticipate his needs, but advance information is not necessary.
Find your nearest Hemophilia Treatment Center! The Nurse Coordinator at my Hemophilia Treatment Center was invaluable in my adoption process. She read my son's file, talked to me about what it meant, and she read updates and talked with me about those. The whole HTC staff knew my son and his background before he ever set foot in the center. His referral pictures and updates are still in his file! Hemophilia is so rare, each new patient is treated as a unique individual and caregivers will know you, your child, and your whole family very well. I highly recommend finding your closest Hemophilia Treatment Center and talking with the folks there about hemophilia and care in their center even before your child comes home. They may even be willing to review your child's file. It never hurts to ask!
Another great resource is your local chapter of the National Hemophilia Foundation. My state has an active organization, and they offer educational events, social support, connections to other families who understand hemophilia, and countless other resources. And, there is a Facebook group for families who have adopted children with hemophilia or those who are considering hemophilia adoption. This group of adoptive families is happy to share experiences, answer questions, and offer support as you consider adding a child with hemophilia to your family.
Am so grateful for our grandson..
Can't imagine life without him!
Thank you for such a special gift.
Thank you for so much for writing this. My husband and I are hoping to adopt a little boy in China who has been diagnosed with hemophilia. I have spent days reading about hemophilia and only today tried googling "adopting a child with hemophilia". I'm so glad I did. Your post answered so many of our questions and concerns.
I hope and pray you and your son are doing well. We have a family history of hemophilia B, severe. It wasn't until our last and 3rd son was born with hemophilia that am now seriously considering adopting a little boy with hemophilia. I think it so awesome that you have reached out to adopt a son knowing he has hemophilia and that you have embraced all of him. Job well done on your through detail and synopsis of hemophilia! I wish you and your family the very best. Cheers!!


BERLIN (AP) — Germany's biggest rail company, under fire for its unpunctual service, is trying to mollify one disgruntled commuter by buying her "delay scarf."
Deutsche Bahn, which on Thursday announced plans to hire 22,000 more staff, bought the hand-made scarf in an online auction for 7,550 euros ($8,600). The money is being donated to a charity for the homeless.
According to her daughter, Sara Weber, the Munich commuter had knitted the grey, pink and red scarf last year, with each color reflecting the amount of time her journey had been delayed. Weber's social media post about the scarf drew widespread attention this month, reflecting Deutsche Bahn customers' frustration at the company's persistent delays.
Less than three quarters of Deutsche Bahn's long-distance trains arrived on time last year, debunking cultural assumptions about German punctuality.