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Top StoriesSupreme Court Directs High Courts To Reconsider And Update Rules Relating To Execution Of Decrees LIVELAW NEWS NETWORK27 April 2021 11:33 PMShare This – xThe Supreme Court directed the High Courts to reconsider and update all the Rules relating to Execution of Decrees, made under exercise of its powers under Article 227 of the Constitution of India and Section 122 of CPC, within one year.The bench comprising former CJI SA Bobde, Justices L. Nageswara Rao and S. Ravindra Bhat observed thus while issuing directions to reduce delays in the execution proceedings which shall be enforceable till the Rules are updated by High Courts. The court said that it must be ensured that the Rules are in consonance with CPC and the directions (issued now), with an endeavour to expedite the process of execution with the use of Information Technology toolsThe court said that directions are issued in larger public interest to subserve the process of justice so as to bring to an end the unnecessary ordeal of litigation faced by parties awaiting fruits of decree and in larger perspective affecting the faith of the litigants in the process of law. The court was considering an appeal arising out of an execution proceedings which is pending for over 14 years. While dismissing the appeals, the bench observed that these appeals portray the troubles of the decree holder in not being able to enjoy the fruits of litigation on account of inordinate delay caused during the process of execution of decree. The court said that there is steady rise of proceedings akin to a re-trial at the time of execution causing failure of realisation of fruits of decree and relief which the party seeks from the courts despite there being a decree in their favour.”We further direct all the High Courts to reconsider and update all the Rules relating to Execution of Decrees, made under exercise of its powers under Article 227 of the Constitution of India and Section 122 of CPC, within one year of the date of this Order. The High Courts must ensure that the Rules are in consonance with CPC and the above directions, with an endeavour to expedite the process of execution with the use of Information Technology tools. Until such time these Rules are brought into existence, the above directions shall remain enforceable”, the bench said in its order.Till such Rules are brought into existence, the following directions shall remain enforceable:In suits relating to delivery of possession, the court must examine the parties to the suit under Order X in relation to third party interest and further exercise the power under Order XI Rule 14 asking parties to disclose and produce documents, upon oath, which are in possession of the parties including declaration pertaining to third party interest in such properties. In appropriate cases, where the possession is not in dispute and not a question of fact for adjudication before the Court, the Court may appoint Commissioner to assess the accurate description and status of the property.After examination of parties under Order X or production of documents under Order XI or receipt of commission report, the Court must add all necessary or proper parties to the suit, so as to avoid multiplicity of proceedings and also make such joinder of cause of action in the same suit.Under Order XL Rule 1 of CPC, a Court Receiver can be appointed to monitor the status of the property in question as custodia legis for proper adjudication of the matter.The Court must, before passing the decree, pertaining to delivery of possession of a property ensure that the decree is unambiguous so as to not only contain clear description of the property but also having regard to the status of the property.In a money suit, the Court must invariably resort to Order XXI Rule 11, ensuring immediate execution of decree for payment of money on oral application.In a suit for payment of money, before settlement of issues, the defendant may be required to disclose his assets on oath, to the extent that he is being made liable in a suit. The Court may further, at any stage, in appropriate cases during the pendency of suit, using powers under Section 151 CPC, demand security to ensure satisfaction of any decree.The Court exercising jurisdiction under Section 47 or under Order XXI of CPC, must not issue notice on an application of third-party claiming rights in a mechanical manner. Further, the Court should refrain from entertaining any such application(s) that has already been considered by the Court while adjudicating the suit or which raises any such issue which otherwise could have been raised and determined during adjudication of suit if due diligence was exercised by the applicant.The Court should allow taking of evidence during the execution proceedings only in exceptional and rare cases where the question of fact could not be decided by resorting to any other expeditious method like appointment of Commissioner or calling for electronic materials including photographs or video with affidavits.The Court must in appropriate cases where it finds the objection or resistance or claim to be frivolous or mala fide, resort to Sub-rule (2) of Rule 98 of Order XXI as well as grant compensatory costs in accordance with Section 35A.Under section 60 of CPC the term “…in name of the judgment- debtor or by another person in trust for him or on his behalf” should be read liberally to incorporate any other person from whom he may have the ability to derive share, profit or property.The Executing Court must dispose of the Execution Proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay.The Executing Court may on satisfaction of the fact that it is not possible to execute the decree without police assistance, direct the concerned Police Station to provide police assistance to such officials who are working towards execution of the decree. Further, in case an offence against the public servant while discharging his duties is brought to the knowledge of the Court, the same must be dealt stringently in accordance with law.The Judicial Academies must prepare manuals and ensure continuous training through appropriate mediums to the Court personnel/staff executing the warrants, carrying out attachment and sale and any other official duties for executing orders issued by the Executing Courts.Case: Rahul S Shah vs. Jinendra Kumar Gandhi [CA 1659-1660 of 2021]Coram: CJI SA Bobde, Justices L. Nageswara Rao, S. Ravindra BhatCounsel: Adv Shailesh Madiyal, Adv Paras JainCitation: LL 2021 SC 230Click here to Read/Download Order TagsExecution of Decree Supreme Court CJI SA Bobde #Justice L. Nageswara Rao Justice S. Ravindra Bhatt Next Story
“Part of the scope of this [renovation] project included removing dated security bars from the property and replacing them with a Ring Doorbell and Floodlight camera system on the exterior of the property, giving residents more knowledge and control over who has access to their home when they are not there,” the statement read. In the email screenshot posted to Facebook, Juraso said the property owner was “well aware” of the incident, and “their stance remained firm.” The post was taken off of the page Thursday. Rusher alleged Jurasko reported the post for harassment and it was subsequently deleted. “Security bars are not promised anywhere in the lease and as a property management company, we never imply or promise the safety of our residents,” the email read. “I think the email was hostile and unnecessary for one, just to say that they don’t ensure the safety of residents with … but especially callous, insensitive given the recent incident,” Rusher said. “Even though I don’t know the specific details, I feel like it was understandable for us to request safety measures, especially those that were included when we first signed the lease, such as safety bars.” In addition to a new security system, the housing company said it is installing new fences to replace the original security system. Rusher, who is majoring in international relations global business, said the email dismissed the safety concerns of Mosaic residents. In the Facebook group, the company’s statement was met with harsh criticism. Rusher’s post accrued over 180 comments from students, many of whom shared similar experiences. The post was removed from the page Thursday. When junior Keala Rusher discovered off-campus property management company Mosaic Student Community wasn’t going to reinstall safety bars on her windows, she had concerns. In the comments, many students wrote that they experienced difficulty with Mosaic’s maintenance of utilities, including the air conditioning, and other residents complained of being forced to live in smaller “closet-like” rooms. Students complained in a USC Facebook group after Mosaic Student Housing removed window safety bars from its houses. (Photo courtesy of Mosaic Student Housing) According to Rusher, the incident began when her housemate, Alejandro Gonzalez, a senior majoring in aerospace engineering, asked for security bars to be replaced on the window after they were taken off for renovations and repairs to the building. In response to the allegations, Mosaic released a statement addressing the renovations and student concerns. DPS Assistant Chief David Carlisle said that students should consider the safety measures in place before deciding to lease with certain off-campus housing companies. Carlisle said checking the location and security amenities of properties can help students feel safer. Students encouraged Rusher to contact the Department of Public Safety with safety concerns and legal counsel for representation. Rusher said that following the recent death of student Victor McElhaney during a robbery attempt near campus, security and well-being became an important concern for her and her housemates. “Mosaic built a small house in the backyard of the house that we are currently leasing and … they re-painted the exterior of our house and in order to do that they had to take off the security bars that were already on the windows,” Rusher said. “They almost moved me into a literal closet-sized room despite the floor plans suggesting otherwise,” one student commented. “Renovations include … [a] repainting the exterior of the home and adding security fencing between the front of the house and the back of the property,” the statement read. She posted a screenshot of the email exchange between her housemate and property manager Courtney Jurasko in the “USC Memes for Spoiled Pre Teens” Facebook group. “If a student feels unsafe, we would be happy to do a quick security assessment of the facility,” Carlisle said. “But, if it is a privately owned properly, the owner has no obligation to conform to what we recommend. But, students can make recommendations.”
Reigning heavyweight champion of the world Anthony Joshua believes a showdown between himself and WBC heavyweight champion Deontay Wilder is the fight boxing needs.Joshua made his stand known days after stopping the teak-tough Carlos Takam in the 10th round at Cardiff’s sold-out Principality Stadium to retain his WBA, IBO and IBF titles.As mixed reactions continue to trail his victory following the rather early stoppage of the fight by referee Phil Edwards, Joshua already has his sights on the bigger challenge, calling out motormouth American Wilder for a lavish showdown.Wilder, 31, who defends his belt in a return clash against Bermane Stiverne next weekend will be hoping to add to his unblemished record after 38 fights, that includes an astonishing 37 stoppages.In his words “Yeah, boxing needs it. One hundred percent”The champ also added that:“It has to happen. We’re easy to work with. Eddie (Hearn) knows what he’s doing. Eddie just wants to keep a lid on his [Wilder’s] jar and say, ‘wow, calm down’.“We can fill it up to the top and maybe spill a little bit over but we’re not filling up the second jar.”RelatedEddie Hearn Calls Out Deontay Wilder For ‘kicking Joshua while he’s down’June 2, 2019In “Boxing”Anthony Joshua Takes Time Off As He Awaits Next FightDecember 7, 2018In “Boxing”Tyson Fury, a True Champion who Sparks up Heavyweight BoxingDecember 3, 2018In “Boxing”
Additionally, New Jersey continues to ramp up its contact tracing program to control the spread of the virus as much as possible. During Wednesday’s press conference, Perry N. Halkitis, Ph.D., the dean of the Rutgers University School of Public Health, said that 1,000 new tracers are currently being trained by the school. “We have to continuewith our social distancing,folks. We have to wear theface coverings. There areno excuses to let up evenone bit. We are far fromdefeating COVID-19,” saidMurphy. “We are in a goodplace to contain it… but it isnot yet defeated.” Halkitis called the state’s contact tracing model “innovative” because it combines efforts of the governor’s office, health departments at the state, county and local levels and the “scholarly expertise” of the Rutgers School of Public Health. Anyone interested in becoming a contact tracer may apply by visiting jobs.rutgers.edu/postings/115779. “Wearing a face coveringis proven to help protectothers around you. It is aproven measure for furtherslowing the spread,” saidMurphy. We should all bein the practice of wearing aface covering by now.” In discussions with the governors of New York and Connecticut, Murphy said any visitors from highly-impacted states should self-quarantine upon arrival in New Jersey, New York or Connecticut. That includes states with current daily positive percentages over 10 percent as a seven-day average, or states with over 10 cases per 100,000 as a seven-day average. FILE PHOTO / JAY COOK Libraries, museums, aquariums and boardwalk arcades are among the next indoor businesses to reopen at 25 percent capacity July 2. He cautioned residents to be extra vigilant when indoors. These businesses will be required to provide heightened sanitation and other social distancing measures. More detailed standards will be released later this week, Murphy said. And like outdoor facilities, face coverings will be required unless customers are dining, or for religious or personal health and safety purposes. “Ours was the most impacted region in the nation and among the most impacted in the entire world. We welcome everyone to New Jersey; we simply ask you to join us in our shared sacrifice to keep ourselves moving in the right direction,” said Murphy. By Allison Perrine The article originally appeared in the June 25 – July 1, 2020 print edition of The Two River Times. Looking to the next line of businesses to reopen, the governor said that as of July 2, indoor facilities including museums, aquariums, libraries and indoor recreation spaces like bowling alleys and boardwalk arcades, can reopen at 25 percent capacity. “We would love to be able to open those things up; we just are not there yet,” said Murphy. “We just don’t think it’s the responsible thing to do.” NEW JERSEY – There’s been a slight uptick in daily positive rates of COVID-19 cases in New Jersey, Gov. Phil Murphy reported Wednesday. But businesses will continue to reopen during the second phase of the road to recovery. In a press conference Wednesday, Murphy announced that the statewide total of positive cases reached 169,892, with 12,993 total deaths and a daily positivity rate of 2.83 percent. At the same time, several indoor businesses will be permitted to reopen at 25 percent capacity as of July 2, with strict social distancing guidelines in place. Other businesses including movie theaters, performing arts centers and night clubs must remain closed for now. Fitness centers and gyms are also ordered to remain closed in the traditional fashion, but may open for individualized training and by appointment only. Indoor facilities present a greater chance of catching the virus than outdoors, he said. The students are completing an 18-hour online training course with basic COVID-19 contact tracing lessons, Rutgers training modules and data collection training with the CommCare system. They will be deployed to health departments across the state. Later in the week, July 6, NJ Transit Rail and Light Rail services will return to the regular full weekday schedule. The July 6 start date will allow NJ Transit to implement and communicate the new proper social distancing protocols to commuters before ridership increases as businesses and offices reopen. More information about different transit protocols are available at NJTransit.com/recovery.
Harry Redknapp says he still believes Chelsea will offer Frank Lampard a new contract.The QPR manager has previously said he is convinced his nephew will end up staying at Stamford Bridge despite speculation about the midfielder’s future.Lampard’s contract expires in the summer and he has yet to be offered a new deal.But Redknapp said: “I’d be surprised if he’s not still at Chelsea next season. That’s my gut feeling.“If he’s not, there’ll be a queue of top clubs in England and the world wanting to sign him.”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 Follow West London Sport on TwitterFind us on Facebook
Five of Africa’s top independent filmmakers participated in a discussion panel at the 2017 Rapid Lion South African International Film Festival, sharing their thoughts on the state of African cinema and its future.Film directors (from left) Vincent Moloi, Steve Gukas, Arthur Musah, Daryne Joshua and David Mboussou discuss the African film industry with mediator Eric Miyeni at a Brand South Africa discussion during the Rapid Lion South African International Film Festival on 6 March 2017. (Image: Brand South Africa)CD AndersonThe RapidLion South African International Film Festival is showcasing the best films and filmmakers of Africa and its diaspora, and BRICS (Brazil, Russia, India, China and South Africa) members. The festival will run until 12 March 2017 at the Market Theatre in Newtown, Johannesburg.The festival includes screenings of films and documentaries, as well as panel discussions and an awards ceremony. The workshops focus on deepening mutual understanding, strengthening collaborative relations and exploring opportunities for growth and investment in the film-making industry.Brand South Africa has partnered with RapidLion to celebrate African filmmaking, particularly South African cinema. Under the theme of Inspiring New Ways, the partnership aims at soliciting ideas and perspectives from filmmakers and industry players on how African – and the South African Nation Brand – stories can be communicated in visual form, through compelling storytelling.During a recent panel chaired by festival director Eric Miyeni, a diverse group of African directors spoke about their experiences working in the industry, promoting their films to a global audience and finding the spirit of true African storytelling.The discussion focussed specifically around the theme of “how should cinema reflect Africa today?”.The five filmmakers were:David Mboussou, Gabonese director of the documentary series I am Congo.Arthur Musah, US-based, Ghana-born documentary maker. His film Naija Beta follows Nigerian undergraduates returning home to host a robotics summer camp for high schools.South African documentarian Vincent Moloi. His documentary, Skulls of My People, is an in-depth look at the history of German colonialism in Namibia and its effect on the country’s indigenous people.Steve Gukas, Nigerian director of the highly praised Ebola drama 93 Days, which stars Danny Glover.South Africa’s Daryne Joshua, director of the critically acclaimed prison drama Noem My Skollie.Combating the legacy of Western [email protected]_SA @MarketTheatre @ArtsCultureSA @Abramjee @RapidLionFilm African stories in an eye of an African, not WEST! #BrandSAPanelDiscussion pic.twitter.com/g8ueCoYyGM— Nkululeko Ngubane (@Nkulie14) March 6, 2017Miyeni opened the discussion highlighting the challenges of being an African filmmaker attempting to take African stories to the rest of the world. With a legacy of these stories being told through a more Western/European lens, African filmmakers, he said, have a responsibility to represent the continent and its people more accurately. Filmmakers also needed to find the stories that have yet to be told, and take those stories to the world.Mboussou concurred, aptly using an African proverb – “until lions are able to tell the story, hunters will always be the winners” – to encourage the sharing of ideas and knowledge between the continent’s filmmakers and finding common ground to get more African stories told globally.Musah, as American-Ghanaian, said it was important to get the stories he told right through diligent, honest research.Gukas reiterated that African stories need not fulfil conventional Western film narratives, but focus on the human experience. “Africans can find any story to tell, good or bad, as long as it was mindful of the right sensibilities and responsibilities of telling those stories.”Joshua, who with Skollie, attempted to tell a different kind of story about South Africa’s coloured community, said it was important to get the narratives right through cooperation and collaboration with the community whose stories filmmakers are attempting to tell.What challenges exist within African [email protected]_SA @ArtsCultureSA @Abramjee @RapidLionFilm Arts&Culture treaties signed with the world, is it working for us?#BrandSAPanelDiscussion pic.twitter.com/nuslRBcE8x— Nkululeko Ngubane (@Nkulie14) March 6, 2017Miyeni asked panellists what they considered are the issues negatively impacting African storytelling in film.Across the board, the panel agreed that combating African stereotypes in film was imperative.Musah said as a filmmaker working in Africa and the US, it was a difficult to not be influenced by the usual Western film tropes that characterised Africa in film. His role as filmmaker, in general, was to fight clichés and champion realism in the stories he told.Moloi said that filmmakers, particularly documentarians, needed to treat their subjects with respect.Joshua added that even though it was sometimes challenging to find a positive angle in telling real stories, audiences responded well to uplifting, optimistic storytelling even when dealing with difficult themes.Gukas said the most prevalent challenge to making great African cinema was overcoming the “white saviour complex” in films. Not only did the notion of idealising western convention over realistic African stories impact the way the world sees the continent, more importantly, watching “Hollywood heroes” coming to Africa’s rescue impacted the way African audiences see themselves.From a marketing point of view, panellists agreed that filmmakers and audiences needed access to more platforms to see diverse products from small, independent African filmmakers that often get lost in the larger global cinema marketing machine.More specialised film festivals are also needed with better access to online video platforms to get the word out and create a buzz around films, no matter how small, and to boosts audiences.How to make African cinema world [email protected]_SA @MarketTheatre @ArtsCultureSA @Abramjee @RapidLionFilm Role of Cinema in positive portrayal of Africa? #BrandSAPanelDiscussion pic.twitter.com/HAPkQDHwCm— Nkululeko Ngubane (@Nkulie14) March 6, 2017Wrapping up the panel, Miyeni asked the filmmakers how the African film industry could compete with international film markets.Joshua said that even with the exceptional technical skills the continent has built up over the last few years, a focus must now be on writing and storytelling. While finding resources is easy – “all it takes is a pen and a page”- nurturing African writers with good, original and diverse stories is important.Moloi repeated a call for not only finding new markets for African film, but to create our own markets. “Embrace new media, like online video sharing,” and find ways to control the editorial direction of the art form. Also, as agreed by the entire panel, new funding models need to be found that emphasise content over commerce.Movie fans, journalists, bloggers and other influencers need to “be champions of African film and stories”, said Gukas. This kind of exposure will change the narrative of the African film industry and change global attitudes. The films are slowly being made, the world just needs to be told about them.From a technical standpoint, Musah thought specialisation is key. “Perfect the craft, find new ways of doing things using the tools available.”The Rapid Lion South African International Film Festival ends on 12 March 2017. For more information, check the festival website.Would you like to use this article in your publication or on your website? See Using Brand South Africa material.
Share Facebook Twitter Google + LinkedIn Pinterest The Ohio Department of Agriculture announced that nine land trusts, four counties, one township and 11 Soil and Water Conservation Districts will receive funding to help preserve farmland across the state. These organizations will receive allocations from the Clean Ohio Fund to select, close and monitor easements under the Local Agricultural Easement Purchase Program (LAEPP). A list of local sponsor organizations and amounts for the 2017 funding round of the LAEPP is available here.LAEPP sponsor organizations will accept applications from Ohio landowners interested in selling an agricultural easement on their farms. A total of $8,000,000 will be made available in this funding round. Local sponsors have been certified to accept applications in 58 counties. Interested landowners should contact the certified local sponsor in their county for application details.The program allows landowners to voluntarily sell easements on their farms to the state of Ohio. The easement requires the farm remain permanently in agriculture production. Selected farms must be 40 acres or more, actively engaged in farming, participate in the Current Agricultural Use Valuation program, demonstrate good stewardship of the land, have the support of their local government and not lay directly in the path of development. Landowners may use the proceeds of the easement in any way they wish, but most reinvest it in their farm operations.Funding for the program is derived from the Clean Ohio Conservation Fund, approved by voters in 2008. When combined with easements from all programs, 380 family farms in 55 counties have collectively preserved more than 63,000 acres in agricultural production.For more information on Ohio’s farmland preservation effort visit: http://www.agri.ohio.gov/divs/FarmLand/.