US Open : USTA Says US Open ‘Not Impacted’ by Cancellation…

first_img ATP Tour Cricket By Kunal Dhyani – July 22, 2020 Euro 2020, Switzerland vs Turkey LIVE: Shaqiri doubles Switzerland’s lead after Seferovic opener at HT; Follow Live Updates ATP Tour by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeGrammarlyImprove Your Spelling With This Helpful Browser ExtensionGrammarlyUndoIPL 2020: Bad news for Sunrisers Hyderabad’s Jonny BairstowUndoIPL 2020 : Srikanth and fans slams MS Dhoni, says ‘wasted 15 Cr on Jadhav & Chawla’UndoThe event in the US capital was set to start on August 13, but the ATP Tour has pushed its return back to later in the month.The Cincinnati Open and US Open are still scheduled to take place back-to-back in New York from August 20, despite several leading figures in men’s tennis casting doubts over the hardcourt Grand Slam.“This decision in no way impacts the US Open or the Western & Southern Open,” the United States Tennis Association (USTA) said in a statement.“The USTA will create a safe and controlled environment for players and everyone else involved in both tournaments that mitigates health risks.”It added: “We constantly base our decisions regarding hosting these tournaments on our three guiding principles that include safety and health of all involved, whether hosting these events are in the best interest in the sport of tennis and whether this decision is financially viable.“We are confident we remain in-line with all three guiding principles.”US authorities are struggling to handle the coronavirus crisis as infections surge towards four million, with more than 140,000 deaths. US Open organisers said Tuesday the cancellation of next month’s tournament in Washington DC “in no way impacts” the behind-closed-doors Grand Slam scheduled for the end of August.The Citi Open tournament was due to mark the resumption of the men’s tennis season after the coronavirus lockdown but has been called off because of “continued uncertainties” amid the pandemic. Halle Open 2021 Final: Ugo Humbert defeats Andrey Rublev to become champion Viking Classic Birmingham 2021 Final: Ons Jabeur beats Daria Kasatkina to clinch title US Open Live : No spectators to be allowed, Novak Djokovic still uncertainNo spectators will be allowed at either tournament in New York, part of the safety measures in place to try and prevent COVID-19 infections at a facility which was used as a temporary coronavirus hospital area when the region was the epicentre of the pandemic.World number one Novak Djokovic earlier this month said he was undecided over whether to travel to compete in the US Open.Last week world number three Dominic Thiem said that the tournament was “on shaky legs”.The women’s WTA tour is scheduled to restart on August 3 in Palermo, Italy, followed by a tournament in Prague the same week as a new hardcourt event in Kentucky featuring Serena Williams.The tennis season has been at a standstill since mid-March due to the virus outbreak worldwide.“It’s disappointing that due to these unprecedented times, the Citi Open will not be able to go ahead this year,” said ATP chairman Andrea Gaudenzi.“Unfortunately for the moment there are still large factors at play which are outside of our control. We look forward to the Citi Open returning as one of our signature American events in 2021.”Earlier this month, Wimbledon agreed to award £10 million ($12.7 million) in prize money to the 620 players who would have taken part in the tournament had it not been cancelled for the first time since World War II. Sport News Latest Sports NewsSportTennis Tokyo Olympics: BCCI provides fuel in Indian Olympic flame, to contribute Rs 10 crore WI vs SA 2nd Test Day 3 Live: Roach removes Markram in the first over; SA 15/1 (4.5 ov)- Follow Live Updates Football Facebook Twitter Queens Club Final: Matteo Berrettini beats Cameron Norrie in final to win title center_img Latest Sports News Share on Facebook Tweet on Twitter WTC Final IND vs NZ: Virat Kohli displays his dancing skills on the beats of Bharat Army’s Dhol; Watch video Wimbledon 2021 LIVE streaming: When, where and how to watch year’s third Grand Slam’ in you country, India Sport News Previous articleChinese football gets go-ahead after 2,000 negative virus testNext articleChess: Viswanathan Anand goes down to Svidler in opening round of Legends of Chess tourney Kunal DhyaniSports Tech enthusiast, he reports on Sports Tech industry and writes on sports products. Cricket YourBump15 Actors That Hollywood Banned For LifeYourBump|SponsoredSponsoredUndoDaily FunnyFemale Athlete Fails You Can’t Look Away FromDaily Funny|SponsoredSponsoredUndoPost FunThese Twins Were Named “Most Beautiful In The World,” Wait Until You See Them TodayPost Fun|SponsoredSponsoredUndoMaternity WeekA Letter From The Devil Written By A Possessed Nun In 1676 Has Been TranslatedMaternity Week|SponsoredSponsoredUndoDefinitionTime Was Not Kind To These 28 CelebritiesDefinition|SponsoredSponsoredUndoMisterStoryWoman Files For Divorce After Seeing This Photo – Can You See Why?MisterStory|SponsoredSponsoredUndo Bett1Open 2021 Final: Liudmila Samsonova beats Belinda Bencic to clinch title RELATED ARTICLESMORE FROM AUTHOR TAGSUS Open DrawsUS Open live streaming in IndiaUS Open ScheduleUS Open Tennis LIVEUSTA US Open SHARE Cricket US Open : USTA Says US Open ‘Not Impacted’ by Cancellation of Washington Event Cricket PSL 2021 Playoffs: Schedule, Timing, LIVE streaming, list of champions; all you need to knowlast_img read more

£3k to invest? I think these are the best UK shares to buy right now

first_img Our 6 ‘Best Buys Now’ Shares Simply click below to discover how you can take advantage of this. Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee. Image source: Getty Images Click here to claim your copy now — and we’ll tell you the name of this Top US Share… free of charge! Rupert Hargreaves | Tuesday, 19th January, 2021 | More on: AO BOO I’m sure you’ll agree that’s quite the statement from Motley Fool Co-Founder Tom Gardner.But since our US analyst team first recommended shares in this unique tech stock back in 2016, the value has soared.What’s more, we firmly believe there’s still plenty of upside in its future. In fact, even throughout the current coronavirus crisis, its performance has been beating Wall St expectations.And right now, we’re giving you a chance to discover exactly what has got our analysts all fired up about this niche industry phenomenon, in our FREE special report, A Top US Share From The Motley Fool. £3k to invest? I think these are the best UK shares to buy right nowcenter_img Enter Your Email Address Rupert Hargreaves owns no share mentioned. The Motley Fool UK has recommended boohoo group. Views expressed on the companies mentioned in this article are those of the writer and therefore may differ from the official recommendations we make in our subscription services such as Share Advisor, Hidden Winners and Pro. Here at The Motley Fool we believe that considering a diverse range of insights makes us better investors. If I had £3k to invest today, I’d buy a portfolio of the pandemic’s winners. While some companies have seen a significant decline in revenues and profits due to the pandemic, others have prospered. And I believe these are the best UK shares to buy right now. Changing worldThe world has changed significantly over the past 12 months, especially for retailers. Before the pandemic, e-commerce sales accounted for around 18-20% of total UK retail sales. However, according to the latest figures, online sales now account for 36% of the market. 5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…This might not last in the near term. When the pandemic ends, consumers will likely return to brick-and-mortar stores, although I believe it’s unlikely consumers will ever go back to old shopping habits. As such, I firmly believe the percentage of online sales will continue to increase over the long run. As such, I think some of the best UK shares to buy right now are e-commerce champions. Companies like Boohoo (LSE: BOO) and AO World (LSE: AO), who leaders in their respective fields. They’ve both reported substantial increases in business during the pandemic. The best UK shares to buy According to AO’s latest trading update, in the three months to 31 December, revenue in the UK soared 67% to £457m while in Germany it was up 77% to €73m. Unfortunately, the company’s bottom line has taken a hit due to increased costs, but these are related to expansion. Management is highly confident current trends are here to stay and is investing accordingly to increase capacity. One of the big changes in the retail world over the past 12 months is consumers willingness to buy items online. Before the pandemic, many people believed that buying large electrical goods online before seeing them was a waste of time. Those barriers have now been broken down.I think this will be a significant tailwind for AO in the years ahead. Consumer habits have changed, and the company is stepping up to the challenge to meet rising demand. That’s why I’m confident this is one of the best UK shares to buy right now for the next few years.Consumer habitsFast-fashion retailer Boohoo has also benefited from a similar shift in consumer shopping habits. The company was well-prepared for the pandemic. It already had the infrastructure in place to shift large amounts of clothes quickly. This helped the organisation meet increased demand.What’s more, the fact that Boohoo was able to continue operating when many of its brick-and-mortar competitors had to shut up shop gave the group a huge competitive advantage. With cash pouring in, Boohoo acquired some of its smaller competitors, which couldn’t survive the pandemic. There are also rumours that the business is in the running to buy parts of Philip Green’s collapsed Arcadia group, which includes its star brand Topshop.Those are the reasons why I believe Boohoo is one of the best UK shares to buy now. The company is well-prepared for the new normal and should be able to use its competitive advantages to drive growth in the long term. I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement. “This Stock Could Be Like Buying Amazon in 1997” See all posts by Rupert Hargreaveslast_img read more

Capitalist growth and social change – a WW commentary

first_imgFacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this Growth.Atlanta climate crisis protest, Sept. 27.Every day, the price of stocks on Wall Street go up and down depending on the growth of the economy. Growth of mineral extraction, growth of agriculture, growth of manufacturing and especially growth of sales and growth of capital. When growth slows down, when markets dry up, a crisis is sure to follow.The health of the capitalist economy depends on growth. The cry everywhere is “More growth!” Wall Street breaks out the champagne when growth goes up. It goes into a panic when growth stagnates.Economic growth alongside greater miseryThe one thing that doesn’t seem to bother the markets is whether this growth leads to a better standard of living for working people — those who produce everything that is consumed. And the fact is that for many years, while economic growth in the U.S. has continued to expand at around 2 percent per year (not counting years of recession), the standard of living of the working class has actually been declining.The wages of U.S. workers fell from 64 percent of the gross domestic product in 1980 to 58 percent in 2016. And according to Pew Research, the actual purchasing power of wage earners in this country has barely budged since 1964 — more than half a century ago! In addition, within the category of “wage earners,” the only real gains have gone to the top 10 percent.In other words, the workers who produce everything have been receiving less and less in return. At the same time, the parasitic class of owners has been upgrading from millionaires to billionaires.It is a lie to equate economic growth in a capitalist country with better conditions for the mass of the people. The statistics show that the economy can expand every year, even as the working class falls deeper into misery. Despite all the glowing propaganda, capitalist economic growth doesn’t translate into a better standard of living for the workers. That takes conscious and organized struggle by the working class.Growth versus the environmentAnd there is another huge downside to unplanned, profit-driven economic growth under capitalism: It has put the environment under greater and greater stress. Unless positive action is taken, the problems contributing to global warming and degradation of the land and water are bound to become more drastic the more  capitalist economies grow.The more trees that are cut down; the more land that is cleared for monoculture; the more coal, oil and gas that are extracted from below ground and burned to produce energy; the more plastic and other nonbiodegradable goods that are manufactured; the more military bases, tanks, planes and ships that are commissioned to lay waste to whole areas of the world in order to exploit them more effectively — the more the planet warms, and our ecosystems become overwhelmed.But all these activities create huge profits for the tiny class of bosses and bankers, whose vast fortunes buy them governments and laws to further their exploitation of the working class and of nature.Advertising stimulates growth — and competitionOne of the big factors contributing to capitalist economic growth is advertising. Advertising has ballooned into such a huge industry because it creates an artificial need where none existed before. It is aimed at making people feel that their happiness, sense of well-being and even self-worth depend on buying products they otherwise wouldn’t have taken an interest in or need for a comfortable life. Advertising is essential to capitalist growth. It has become a relentless and ever-present feature of modern life under capitalism. Besides promoting sales and profits, it very consciously breaks down solidarity and self-esteem, stimulating competitiveness and acquisition based on who can afford the latest gadget, the fastest car, the coolest styles.If you are not a consumer, the ads tell us, you are nothing.Imperialist growth alongside extreme povertyAt the same time, in much of the world, needed economic growth that normally would accompany technological development has been stunted and deformed by colonialism and imperialism. In the so-called developing countries, there is a crying need for infrastructure projects to provide clean water, sewage treatment, renewable energy, comfortable housing, efficient transportation, affordable medical facilities and a nourishing diet.But instead, the imperialists suck out the raw materials and wealth of the countries they have conquered and made into their neocolonies. And in place of having access to clean water and fresh food grown locally, the people are more and more reduced to dependency on imported, manufactured food and beverages.Most often, the economic growth that is made available to oppressed countries is confined to those areas that facilitate the extraction and transportation of raw materials. Modern pipelines and freight trains coexist alongside rutted roads and dirt-floor shacks. Electricity powers huge mines and factories, but the workers go home to a single lightbulb and a hand-pumped well, if even that.Socialist planning the only answerFor those who understand that economic growth under capitalism is ruining the world, there is but one answer. Not despair, or running away from the great concentrations of workers in the cities in order to hopefully find a simpler life. There is nowhere to run. Capitalism’s despoiling of the environment is reaching into what have been the most pristine and unspoiled areas of the Earth: the vast polar wildernesses; the deepest oceans; the rain forests from the Amazon to Indonesia; the Australian outback; the mountain peaks from Everest to Kilimanjaro.Socialism is the only alternative to capitalism. Surveys show that socialism has become extremely popular among millennials. Socialism means a planned economy, run not for private profit but for the common good. Getting there is a huge job and requires wresting power away from the small class of exploiters who today run the show.Only the multinational working class can do this. It is the working class, when conscious of its strength and united against the bosses, that has the power to transform society and end the exploitation of both people and nature. The place to be, if you want to fight this decaying system, is in the struggle to organize for a workers’ world.last_img read more

Tax Authorities Can’t Give Their Own Interpretations To Legislative Provisions On Perception Of Trade Practices : SC [Read Judgment]

first_imgTop StoriesTax Authorities Can’t Give Their Own Interpretations To Legislative Provisions On Perception Of Trade Practices : SC [Read Judgment] LIVELAW NEWS NETWORK1 May 2020 2:50 AMShare This – xThere is no concept of ‘constructive delivery’ of goods under the Central Sales Tax Act, 1956, and inter-state movement of goods will terminate only when physical delivery is taken.The Supreme Court has observed that tax Administration Authorities cannot give their own interpretation to legislative provisions on the basis of their own perception of trade practices.Based on this, the court held as illegal the circulars issued by the Rajasthan Commercial Tax department, which stated that goods imported from other states will be regarded as ‘constructively delivered’ after…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has observed that tax Administration Authorities cannot give their own interpretation to legislative provisions on the basis of their own perception of trade practices.Based on this, the court held as illegal the circulars issued by the Rajasthan Commercial Tax department, which stated that goods imported from other states will be regarded as ‘constructively delivered’ after a reasonable period of lying with the transporter in the imported state.Observing that the department had no authority to prescribe such cut-off date for termination of inter-state transit, the SC held that there is no concept of ‘constructive delivery’ of goods under the Central Sales Tax Act, 1956, and that the inter-state movement of goods will terminate only when the actual physical delivery is taken.The case (Commercial Tax Officer vs M/s Bombay Machinery Store) pertained to the interpretation of Section 6(2) of the Central Sales Tax Act.As per this provision, a subsequent sale during the course of inter-state transit of goods will also be treated as inter-state sale.If the movement of the goods from one State to another terminates, the subsequent sales will be treated as intra-State sales and benefit of the above subsection (2) of Section 6 will not be available in such cases. The issue before the Court was whether when will the inter-state movement be treated as terminated – when the actual movement comes to an end or when the actual delivery is taken.The Commercial Taxes Department of Rajasthan issued circulars in 1997 stating that if the goods are remaining with the transporter, without physical delivery after a reasonable time, the transit will be deemed to have come to an end. On this basis, the subsequent sales effected while such goods are lying with the transporter were not regarded as intra-state sale, and were subjected to local sales tax.In the instant case, the Commercial Tax officer in the respective orders treated retention of goods beyond 30 days in the transporters’ godown as the cut-off period. After that date, the assessee (Bombay Machinery) was deemed to have had taken constructive delivery of goods and sale beyond that period within the State of Rajasthan was held to be local sales and subjected to sales tax under the State Law.The Rajasthan HC disagreed with this approach of the department. The HC held that the department had no authority to issue such circulars, prescribing cut-off for delivery.This led the department to come in appeal before the SC.In SC, a bench comprising Justices Deepak Gupta and Aniruddha Bose noted that the Section 3 of the CST -which defines ‘inter-state’ sale – specifies that movement of the goods would be deemed to commence at the time when goods are delivered to a carrier and shall terminate at the time when delivery is taken from such carrier. The said provision does not qualify the term ‘delivery’ with any time-frame within which such delivery shall have to take place.”In such circumstances fixing of time-frame by order of the Tax Administration of the State in our opinion would be impermissible”, the bench observed.Delhi HC decision overturnedThe department placed reliance on a judgment of the Delhi High Court in the case Arjan Dass Gupta and Brothers vs. Commissioner of Sales Tax, Delhi Administration. In that case, the HC observed that if taking delivery is the the test of termination of movement and not the landing of the goods, it will lead to “anomalous results”.The SC observed that the this reasoning was not in consonance with Section 3 of the Act.”In our opinion, however, such construction would not be proper to interpret the provisions of Section 3 of the 1956 Act. A legal fiction is created in first explanation to that Section. That fiction is that the movement of goods, from one State to another shall terminate, where the good have been delivered to a carrier for transmission, at the time of when delivery is taken from such carrier. There is no concept of constructive delivery either express or implied in the said provision in an importing State.”The SC categorically held that Arjan Dass Gupta did not lay down the “correct proposition of law”.Tax administration authorities cannot give their own interpretation of statutory provisions based on perception of trade practise.The top court stressed that there was no scope for such an incorporating a condition to qualify the expression “delivery”.”On a plain reading of the statute, the movement of the goods, for the purposes of clause (b) of Section 3 of the 1956 Act would terminate only when delivery is taken, having regard to first explanation to that Section. There is no scope of incorporating any further word to qualify the nature and scope of the expression “delivery” within the said section. The legislature has eschewed from giving the said word an expansive meaning”.The judgment authored by Justice Aniruddha Bose held that it was not open to the tax authorities to give their own interpretation to legislative provisions on the basis of their own perception of trade practise.”In the event, the authorities felt any assessee or dealer was taking unintended benefit under the aforesaid provisions of the 1956 Act, then the proper course would be legislative amendment. The Tax Administration Authorities cannot give their own interpretation to legislative provisions on the basis of their own perception of trade practise. This administrative exercise, in effect, would result in supplying words to legislative provisions, as if to cure omissions of the legislature”.Thus, the appeal of the revenue was dismissed.Click here to download judgmentRead JudgmentNext Storylast_img read more

‘Article 47 Of Constitution Is Not An Enforceable Right’: Madras HC Dismisses Plea For Total Prohibition Of Manaufacture, Sale & Consumption Of Alcohol [Read Order]

first_imgNews Updates’Article 47 Of Constitution Is Not An Enforceable Right’: Madras HC Dismisses Plea For Total Prohibition Of Manaufacture, Sale & Consumption Of Alcohol [Read Order] LIVELAW NEWS NETWORK5 May 2020 5:18 AMShare This – xThe Madras High Court on Monday refused to entertain a writ petitions seeking absolute ban on manufacture, sale and consumption of alcohol in the state of Tamil Nadu. The Petitioner, R. Dhanasekaran had stated that since people have become accustomed to not consuming liquor because of the COVID-19 lockdown, the government should utilize this opportunity to absolutely prohibit…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Madras High Court on Monday refused to entertain a writ petitions seeking absolute ban on manufacture, sale and consumption of alcohol in the state of Tamil Nadu. The Petitioner, R. Dhanasekaran had stated that since people have become accustomed to not consuming liquor because of the COVID-19 lockdown, the government should utilize this opportunity to absolutely prohibit dealings in and consumption of alcohol. He particularly argued that re-opening of liquor shops is not in the interests of general public and such the Government is duty bound under Article 47 of the Constitution to take steps that are conforming to standards of improved public health. Article 47 of the Constitution is a Directive Principle which stipulates that the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. Dispelling these arguments, the Court held that regulation of alcohol is purely a matter of state policy that does not warrant judicial interference. Further, it pointed out that Article 47 is not an “enforceable provision” and thus, the petition has no leg to stand. “This Court is not inclined to interefere with the matter of State Policy of opening or reopening of the State liquor shops at this point of time, since the Central Government has already indicated allowing re-opening of the liquour shops in the present stage of Covid lockdown and the State is likely to take a decision in this regard soon. Further, Article 47 of the Constitution of India is not an enforceable right of the petitioner and therefore, it does not give rise or any cause of action of the petitioner to seek any Mandamus under Article 226 of the Constitution of India. Accordingly, we do not find any merit in the present writ petition,” a division bench of Dr. Justice Vineet Kothari and Justice Pushpa Sathyanarayana held. The State, represented by Advocate General had submitted that the State policy on liquor was already in place inasmuch as the Government had regulated the sale of liquor under its own legislation, namely Madras Sale of Liquor Act, 1937 and 2003 Rules for opening of TASMAC shops to sell liquor. The petition was accordingly dismissed. Case Details: Case Title: R. Dhanasekaran v. Got. Of Tamil Nadu & Ors. Case No.: WP No. 7565/2020 Quorum: Dr. Justice Vineet Kothari and Justice Pushpa Sathyanarayana Appearance: Advocate ML Ravi (for Petitioner); Advocate Genera Vijay Narayan with Govt Advocate Sathish(for State) Click Here To Download Order Read Order Next Storylast_img read more

SC Must Reassure The Nation Of Its Commitment To Constitutionalism

first_imgColumnsSC Must Reassure The Nation Of Its Commitment To Constitutionalism Dr. Ashwani Kumar, Senior Advocate5 Jun 2020 2:24 AMShare This – xIn a contest between principle and power, the Court is expected to uphold the former.The raison d’etre of the Indian State as legal protector of the citizens’ rights (parens patriae) is on test. The pandemic induced unprecedented situation – “the winter of our civilization”, has prompted public spirited citizens and groups to petition the Supreme Court for enforcement of the fundamental rights of millions of citizens rendered destitute. A perspective on the efficacy of…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe raison d’etre of the Indian State as legal protector of the citizens’ rights (parens patriae) is on test. The pandemic induced unprecedented situation – “the winter of our civilization”, has prompted public spirited citizens and groups to petition the Supreme Court for enforcement of the fundamental rights of millions of citizens rendered destitute. A perspective on the efficacy of the Court’s role as an assertive facilitator of fundamental rights transcending a “majoritarian premise” is the burden of this piece. Over the years, the Supreme Court has evolved a progressive jurisprudence of human rights. The Right to Life with dignity enshrined in Art. 21 of the Constitution stands at the pinnacle in the hierarchy of rights and through an expansive judicial interpretation embraces within its sweep, all rights necessary for its effectuation including the right to livelihood, shelter, health and clean environment. The issue of basic rights of the destitute migrants and others is presently before the Court. Serving as “the bridge between life and law”, judges of the Court have exercised their judicial review jurisdiction to call power to account on the touchstone of constitutional values and distrust of concentrated power. Illustrative landmark pronouncements of the Court include amongst others; Maneka Gandhi ( 1978), Prem Shankar Shukla (1980), Minerva Mills (1980), Francis Coraile Mullin (1981), S.R Bommai (1994) and more recently Nagaraj (2006), I. R Coelho (2007), NALSA (2014), Nambi Nayaran (2017), Puttaswamy (2017) and Navtej Johar (2018) et, al. The elevating effect of these judgments is somewhat diminished by recent decisions of the Court including its decision in Romila Thapar (2018), and its approach in cases involving liberty of conscientious dissenters in the Art. 370 abrogation related cases, cases of CAA protesters and in the ongoing case relating to displaced migrants who were denied orders for transportation because they were forced by heart wrenching circumstances to sleep on railway tracks and lost their lives in the process. The Court’s passive approach in ensuring the enforcement of its decisions inter alia in cases involving lynching and honour killings in Tehseen Poonawallah (2018) and Shakti Vahini (2018), respectively, have robbed the judgments of their efficacy in advancing constitutional goals. The inconsistency of the Court in exercising its ‘nudge’ or ‘suggestive’ jurisdiction qua the Government was evident, when contrary to precedents cited, it declined to even suggest to the Government the desirability of enacting a comprehensive stand alone legislation against custodial torture prayed for in a petition preferred in public interest. And this, despite the recommendations of the Select Committee of the Parliament, the Human Rights Commission and the Law Commission of India. Inexplicably, the Court chose not to carry to its logical conclusion its own ruling in DK Basu(1978) that torture was a “wound in the soul”. The Court’s reluctant libertarian response in applying the bail and not jail principle expounded by Justice Krishna Iyer as far back as 1977 and still not departed from, is evident in Chidambaram’s case amongst others. The recent refusal of the Court to hear the petitioner in an ongoing public interest litigation for succour to the migrants, merely because he is an office bearer of the principal Opposition party is wholly inexplicable, in view of the several cases where political organizations have, in the past, been heard by the Court. Political parties are integral to parliamentary democracy – a part of the basic structure of the Constitution, and cannot be precluded from espousing causes of public interest, consistent with the Court’s enabling rulings on locus standi. Considering the latter set of judgments referred to above, can it be said that the apex court as sentnel on the qui vive, has consistently followed its own decisions, viz, that the judicial arm of the State has a duty to ensure and uphold the supremacy of the Constitution( Navtej Johar), that the Court is under a duty to remind the key duty holders about their role in the working of the Constitution(Manoj Narula,2014) and that it is the duty of the State not only to protect human dignity but to facilitate it by taking positive steps in that direction(M. Nagraj), is the question. On first principles of constitutionalism, the Court, as a counter majoritarian institution, is mandated by its constitutive charter to act as a bulwark against infraction of the citizens’ constitutional rights by the State. In a contest between principle and power, it is expected to uphold the former. In harmonizing constitutional equities relating to human rights, the apex Court must lean in favor of the individual as against the State on the incontrovertible premise that State exists for the citizens; not vice versa. And it must ensure that its decisions in furtherance of human rights are diligently enforced by instrumentalities of the State, as commands of the Constitution More importantly, the Court’s decisions must reassure the nation of its capacity and commitment to script a consistent construct of constitutionalism that would advance the nation’s ideals. Indeed, vagaries and subjectivity in its judgments, ill serve its purpose. Since even the greatest institution is vulnerable to decline, the Court must forever remain vigilant and profit from the sage counsel of an eminent Judge that “…abnegation in a matter where power is conferred to protect the interests of others against measures which are violative of the Constitution are fraught with serious consequences…”, (per H.R khanna J. in State of Punjab v Khanchand, 1974). Judge Cardozo reminded us years ago that “the process of justice is never finished, but renews itself generation after generation”, And because the defence of power located in moral authority is a perpetual project, the Court must stand out for the objectivity, consistency and intellectual integrity of its judgments. This alone will vindicate its role as arbiter of constitutional conscience and enlist for it the “uncoerced allegiance” of people who cherish their freedom and dignity. Hopefully, we will remember 2020 not only as the year of a devastating human tragedy but also as the moment when we invested our democracy with dignity, when hope triumphed over despair.The author is a Senior Advocate and former Union Law Minister. Views Are Personal Only. Next Storylast_img read more

‘Not a holiday’ – calls for beaches & parks to shut

first_img Loganair’s new Derry – Liverpool air service takes off from CODA Twitter By News Highland – March 23, 2020 Facebook Facebook RELATED ARTICLESMORE FROM AUTHOR WhatsApp Arranmore progress and potential flagged as population grows Pinterest WhatsApp A Donegal TD is calling for the temporary closure of beaches and some public amenities during the emergency.Charlie McConalogue says he has been in contact with the relevant Ministers on the issue.Despite social distancing rules in place, Deputy McConalogue says it’s clear from the sights witnessed at the weekend that some people are not getting message.He believes that temporarily closing amenities would make it clear that everyone must act in a way that reflects a national public health emergency, not a holiday period:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2020/03/charlidfgdfgdfgebeaches.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Google+center_img Twitter Important message for people attending LUH’s INR clinic Google+ Nine til Noon Show – Listen back to Monday’s Programme News, Sport and Obituaries on Monday May 24th ‘Not a holiday’ – calls for beaches & parks to shut AudioHomepage BannerNews Pinterest Previous article80 new Gardai begin work in north west todayNext articleClosure of McDonald’s restaurants huge blow for beef industry News Highland Community Enhancement Programme open for applicationslast_img read more

Memorial held for ‘Dr. Doug’

first_imgLatest Stories “There will never be a Trojan who stands as tall as Doug Hawkins. He will forever be a part of Troy University.”Larry Blakeney, former Troy University head football coach, described Hawkins as “a man’s man” who always had the best interest of Troy University at heart.“He was a strong and dedicated supporter of Troy University and Troy University athletics and he will forever be remembered,” Blakeney said.Mack Gibson, personal and professional friend, said Hawkins was a 14th century Renaissance man in a 20th century body.“Doug impacted the community in many ways,” he said.“He was a strong supporter of the arts and was an artist himself. He was a strong, moral Christian and a community servant. He was enthusiastic about the things he believed in and his enthusiasm was contagious.”Gibson and Hawkins worked together on many projects and being involved in the community was a high priority for Hawkins.“He was a devoted family man who centered his life around his family,” Gibson said. “If the world is divided into lifters and leaners, then Doug Hawkins was a lifter and he was willing for others to lean on him.”Gerald O. Dial, Troy University Board of Directors president pro tempore, said Hawkins provided a foundation for others to build upon.“Few people have had the positive impact that Dr. Doug Hawkins had on Troy University, this city and this state,” he said.Hawkins leadership in the community was broad based.He was appointed to the Board of Trustees of Troy State University in 1980 and served until his death. He organized the Greek system at the university and was a strong supporter of academics and athletics.He operated a veterinary clinic in Troy for 52 years. He was a member of the Troy Rotary Club, the Troy Jaycees and the Pike County Pioneer Museum. He served as president of the Pike County Chamber of Commerce, director of the Davis Theater in Montgomery and served on the Troy-Pike Cultural Arts Center board.Hawkins served as a deacon at First Baptist Church and as Sunday school director.He and his wife, Rachel, have three children, Martha Lynn Drinkard, Holly Anderson and Robert Hawkins, Jr.After the passing of his wife, Rachel, in 2006, Hawkins married Dean Scarbrough in 2009. Email the author Higgins said Hawkins did things his way and “his way” impacted the university and the community in a positive way.“Doug Hawkins had a huge impact on Troy University,” Troy University Chancellor Dr. Jack Hawkins, Jr. said. “He was the Father of the Greek Fraternities and a part of all the Greek system and of the globalization of the university.“Doug always had big ideas. He was not interested in little ideas, only big ideas.”Hawkins said those big ideas included the move from Division II athletics to Division I. Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential Health32-second Stretch Ends Back Pain & Sciatica (Watch)Healthier LivingThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel One after another, Hawkins’ friends spoke of the impact that he had on their lives, on the university and on the community.Lamar Higgins, a longtime friend who served with Hawkins on the Troy University Board of Trustees, said he was a “great man and a true Trojan.”“Doug Hawkins was a complex man,” Higgins said. “He had a wide range of interests. He loved Troy University; he loved learning; and he loved the students. As a world traveler, he was excited that Troy University has students from 80 nations on campus.” Plans underway for historic Pike County celebration A Memorial Service for Dr. R. Douglas Hawkins (1935-2015) was held Friday afternoon at the Claudia Crosby Theater on the campus of Troy University.Members of the Troy University family and a board base of community members and leaders came to remember “Dr. Doug.”Throughout the program, the one word that was most often used in regard to Hawkins was “impact.” Pike County Sheriff’s Office offering community child ID kits Published 4:00 am Saturday, October 17, 2015 Memorial held for ‘Dr. Doug’ By Jaine Treadwell The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Book Nook to reopen Remember America’s heroes on Memorial Day By The Penny Hoarder Troy falls to No. 13 Clemson Skip Sponsored Content Print Article You Might Like Siberian husky wins 2016 Pet Photo Contest MESSENGER PHOTO/JAINE TREADWELLBandit, the best friend of Steve and Dell Stokes, took top place honors in the annual Pet Photo… read morelast_img read more

Automatic Whistler Detector and Analyzer system: Implementation of the analyzer algorithm

first_imgThe full potential of whistlers for monitoring plasmaspheric electron density variations has not yet been realized. The primary reason is the vast human effort required for the analysis of whistler traces. Recently, the first part of a complete whistler analysis procedure was successfully automated, i.e., the automatic detection of whistler traces from the raw broadband VLF signal was achieved. This study describes a new algorithm developed to determine plasmaspheric electron density measurements from whistler traces, based on a Virtual (Whistler) Trace Transformation, using a 2-D fast Fourier transform transformation. This algorithm can be automated and can thus form the final step to complete an Automatic Whistler Detector and Analyzer (AWDA) system. In this second AWDA paper, the practical implementation of the Automatic Whistler Analyzer (AWA) algorithm is discussed and a feasible solution is presented. The practical implementation of the algorithm is able to track the variations of plasmasphere in quasi real time on a PC cluster with 100 CPU cores. The electron densities obtained by the AWA method can be used in investigations such as plasmasphere dynamics, ionosphere-plasmasphere coupling, or in space weather models.last_img read more

Prep Sports Roundup: 8/9

first_img Brad James Tags: Roundup August 10, 2019 /Sports News – Local Prep Sports Roundup: 8/9 Written by FacebookTwitterLinkedInEmailGirls SoccerNon-RegionMT. PLEASANT, Utah-Laci Sissener scored the sole goal of the game as the Parowan Rams downed North Sanpete 1-0 Friday in non-region girls soccer action.last_img