Senior Lawyers Spar In Supreme Court During Ayodhya Case Hearing

May not be able to put old Humpty Dumpty back together again. I have a sense of where this might be going. All of this work is guided by one overriding goal – to put together a calculator that will help retirees gauge the impact of a negative ruling in the City of Eugene appeal. A fair number of people entrusted me with their PERS annual statements for the period starting in 1999 so that I could have some test examples to work with. In this post I’d like to explain what MY understanding of what MAY happen if City of Eugene is upheld by the Supreme Court. Bear with me. For this to make sense, we have to suspend all expectations of a miracle. Let’s face potential reality for the next few minutes. If the topic is relevant to you, you’ll undoubtedly find the news mixed at best. Tier 1 regular, regardless of when you retired. However, the combination of the later retirements (late 2003 – early 2004) may be the best off, unless you retired under the “lookback”, in which case the news is quite mixed.

As with everything PERS-related, there is NO simple, single answer for anyone. Today I’m going to talk only about the simplest case – a July 1, 2003 retirement. This eliminates the “lookback” problem and requires me to explain this only in terms of the “old” mortality tables. It also eliminates the problem of unrolling the 2003 earnings crediting because July 1, 2003 retirees got 4% (approximately) for 6 months of 2003. They weren’t subject to the 0% crediting. 1999 earnings crediting decision. The Supreme Count only said that the COLA freeze was a breach of contract and couldn’t be used as a means of “recovery”. The court went out of its way to point out (see yesterday’s post) that this did NOT prevent PERS from “recovery” using other statutory methods (i.e. ORS 238.715, although they did not mention that statute specifically). 2500 per month, which has remained “fixed” due to the COLA freeze since then. 2350 per month. That becomes the “fixed benefit” to which the COLA should be added. 6.29 LESS THAN the current benefit). If PERS really did this properly, the “payback” would be more than what is illustrated here. A correct calculation would adjust the first 12 months by more (because the differential is greater); the second 12 months by slightly less (because the differential is getting smaller). 6.71 differential, but that would be moot because the adjustment would have already taken place. 6.71 less than the benefit determined at the actual time of retirement. And here you thought this would be a simple explanation.

“1.Depressed fracture with contusion with open wound cutting front parietal bone 4” x 1½” x bone deep on right side. 2. Incised wound on cheek cutting auxiliary bone 5”x 1/2” x bone deep right side. 3. Incised wound of the size 4” x ½” x muscle deep and cutting breathing pipe and major blood arteries on right side. 4. Incised wound on superior collar bone right side, 5” x ½” cutting breathing pipe. “In my opinion, all the injuries were caused by sharp and blunt weapon. Thus, the doctor has altogether found 5 injuries on the person of the deceased and the death had occurred due to excessive bleeding and shock on account thereof. Therefore, it cannot be said that only injury no.1 was the cause of the death. Hence, we are constrained to observe that the High Court committed serious error by holding that injury no. 1 was sufficient to cause death of the deceased.

Nonetheless from the evidence of the prosecution witnesses what is proved beyond doubt is that appellant Vijay Singh caused injury on the face of the deceased by ballam and appellant Hari Singh on neck by farsa. In this backdrop, we proceed to consider the nature of offence. It is relevant here to mention that no charge under Section 34 IPC has been framed against the appellants. However, the prosecution has been able to prove that the appellants have assaulted the deceased with ballam and farsa, which are dangerous weapons. Further, the appellants had caused grievous injuries on the person of the deceased. Hence, they may not be held guilty under Section 302 or 302 read with Section 34 IPC, but surely their acts come within the mischief of Section 326 IPC. Accordingly, we modify the appellants’ conviction and hold them guilty under Section 326 IPC and sentence them to undergo rigorous imprisonment for 10 years each and fine of Rs.5,000/- each, in default to suffer imprisonment for six months. We have been told that both the appellants have already remained in custody for more than the period of their sentence. If that be so, they be released forthwith unless required in any other case.

The hearing in the sensitive Babri Masjid-Ram temple land dispute case on Friday saw a heated exchange of words in the Supreme Court between senior lawyer Rajeev Dhavan and two additional solicitors general (ASGs) — Maninder Singh and Tushar Mehta. “Sit down, Mr Maninder Singh. Sit down,” Dhavan said at top of his voice, leading the ASG to retort by saying “behave yourself, Mr Dhavan”. “Don’t talk nonsense,” Dhavan said. “You are talking nonsense,” ASG Singh retorted, adding that he was extending regard to him (Dhavan) due to his seniority. ASG Mehta then came in support of his colleague and said, “There are people who are arrogant. “Why are they sitting next to me and murmuring away and murmuring away”, Dhavan told the bench, apparently complaining about the law officers. “Why are you standing near us? There is enough space there,” Mehta told Dhavan. They (ASGs) came and said that they are the law officers, he said and then referred to his past experience when noted jurist Nani Palkhivala had vacated the chair for the counsel to argue the case.

The bench, also comprising justices Ashok Bhushan and SA Nazeer, said that lawyers are supposed to vacate seats for the counsel for litigants. As the hearing progressed, Dhavan made some uncharitable comments against former attorney general and senior advocate K Parasaran, appearing for a Hindu group, who opposed his (Dhavan’s) submission that the Ayodhya case be referred to the larger bench. “I am not indulging in theatrics and drama like Mr Parasaran. He suddenly gets up and says things,” Dhavan said and also used the word ‘rubbish’. Senior Counsel CS Vaidyanathan and ASG Mehta took strong objection to the language used by Dhavan against Parasaran and said now a tendency has emerged among some lawyers to browbeat the institution and they are trying to “vitiate the atmosphere”. “What kind of language is being used,” Vaidyanathan asked and added that it seemed that Dhavan did not want to argue the case. The bench also reminded Dhavan that Parasaran was the former attorney general of India. “What kind of argument is this? How can he make such an argument? That (polygamy) was the separate case,” Vaidyanathan said.

On June 26, 2014, the U.S. Supreme Court decided NLRB v. Noel Canning. The Court set aside a National Labor Relations Board (“Board”) order because the Board lacked a quorum when it issued the order. The Court ruled the Board lacked a quorum because President Obama invalidly appointed three of the five Board members. This decision may impact other cases decided by the unlawfully appointed Board members. The case began as a labor dispute between a labor union and Pepsi-Cola distributor Noel Canning. The Board ruled the distributor unlawfully refused to execute a collective-bargaining agreement with the labor union. The Board ordered the distributor to execute the agreement and compensate employees for any losses. The distributor challenged the Board’s order, arguing the Board could not take legal action because the President invalidly appointed three of the five Board members. Three lawfully appointed Board members are required for the Board to take any action. President Obama appointed the three Board members on January 4, 2012 during a three-day Senate recess. Interpreting the Constitution’s Recess Appointments Clause, the Court held a three-day recess is too short to trigger the President’s recess-appointment power. Since the President invalidly appointed three of the five Board members, the Board lacked a quorum when it ordered the distributor to execute the collective-bargaining agreement and compensate employees for any losses. This ruling may have far-reaching consequences. Many cases decided by the invalidly appointed Board members could be affected. The Board Chairman, Mark Gaston Pearce, stated the Board now has a quorum of validly appointed Board members and the agency is analyzing the impact of the Court’s decision on other cases.

IT COULD (AND HAS) HAPPENED HERE. Choosing life based on genetics. Ordering death or sterilization for those whose physical/mental appearance or abilities do not meet the standards of the State. Does Obama’s health plan call for death squads? Of course not. Is there constitutional authority for such squads? A Virginia statute (Acts 1924, chap. Whereas, both the health of the individual patient and the welfare of society may be promoted in certain cases by the sterilization of mental defectives . Whereas, human experience has demonstrated that heredity plays an important part in the transmission of insanity, idiocy, imbecility, epilepsy and crime; now, therefore . Be it enacted . ] . . . Don’t be poor and stupid (or have epilepsy) in Virginia in the first part of the 20th Century because the State owned you, and the state could sacrifice you as the State deemed fit. She was the daughter of a feeble-minded mother in the same institution, and the mother of an illegitimate feeble-minded child.” (Buck v. Bell, 274 U.S.

Yes, you read that correctly. Virginia was forcibly sterilizing women who the State believed would “probably” produce “socially inadequate offspring.” Anyone feel like defining for me “socially inadequate offspring”? By the way: anyone suffering from epilepsy reading this blog? Because if you had epilepsy in Virginia in the 1900’s they were after you as well. Forced sterilization can’t happen in the US you say? Have you read Buck v. Bell, 274 US 200 (1927)? The Supreme Court (Oliver Wendell Homles for the majority) up held 8-1 the right of the State to sterilize it’s”idiots”. Does the State own you? ] society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes . Three generations of imbeciles are enough. Buck v. Bell, 274 U.S. So you tell me, can it happen here? Post script: The State sterilized all of the Buck siblings; a brother and two sisters including Doris, who had gotten married and was by all accounts not mentally retarded. ]. “My husband and me wanted children desperate—we were crazy about them.

New Delhi: The Supreme Court will on Thursday deliver its verdict on pleas challenging the constitutional validity of Section 497 (Adultery) of the Indian Penal Code. The petitioners want the adultery law to be gender-neutral, which currently punishes only the man, and not the woman. A five-judge Constitution Bench of the top court headed by Chief Justice Dipak Misra had reserved the verdict on the matter in August while observing that infidelity is the cause of breaking up of royal marriages. The Supreme Court’s observation followed an affidavit by the Centre which said that adultery has been made an offence by keeping in mind the sanctity of marriage as an institution. Referring to the inconsistencies in the penal provision, the bench posed that the burden of maintaining the sanctity of marriage rested only with the woman and not the husband. “The law seems to be pro-women but is anti-women in a grave ostensible way. As if with the consent of the husband, wife can be subjected to someone else’s desire.

“Each partner of the marriage has equal responsibility. Why should the woman take more load than the man? That is the reason we call it archaic,” the Supreme Court said. “He shall be punished with imprisonment of either description for a term which may extend to five years, or with fine or with both. In such case the wife shall not be punishable as an abettor,” the section says. The top court had also said that the law on adultery violates the fundamental Right to Equality as it treats married men and women differently. Terming IPC’s Section 497 “manifestly arbitrary”, a five-judge Constitution bench headed by Chief Justice Dipak Misra said it treats a married woman as “chattel” because her relationship with a married man depends on the “consent or connivance of her husband”. On January 5, the apex court had referred to a five-judge constitution bench the plea challenging the validity of the penal law on adultery. The Centre defended Section 497 by referring to a judgment passed in 1985 Sowmithri Vishnu vs Union of India case. Quoting from the Supreme Court judgment, the home ministry said, It is better, from the point of view of the interests of the society, that at least a limited class of adulterous relationship is punishable by law. Stability of marriages is not an ideal to be scorned.

The Mid-Day Meal Scheme is a government initiative to provide cooked school lunch to children of government and government-aided schools. During 2001-02, the Karnataka State Government implemented the Mid-Day Meal Programme in seven educationally and economically backward north-eastern districts of the state. Eventually, this scheme was extended to other districts of the state in a phased manner. Over the years, the scheme underwent quite a few alterations. Initially cooked mid-day meal was provided only for children of classes 1 to 5 in government schools. Later, it was extended to children of classes 1 to 5 of government-aided primary schools too. Strategically, the scheme was extended to cover children from classes 6 to 8. And, presently the Government of Karnataka is providing freshly cooked meals to children of classes 1 to 10 of both government and government-aided schools. The history of mid-day meal dates back to the pre-independence era in 1925 when the Madras Municipal Corporation introduced this scheme for disadvantaged children. According to NFHS III, Karnataka is battling to counter 43% infant mortality rate, 54.7% under-5 mortality rate, 42.4% under-three stunted children, 33.3% under-three underweight children, and 70.4% under-six anaemic children.

In order to make the mid-day meal more nutritious, the Karnataka State Government in January 2018 launched a pilot to introduce millets in the mid-day meal scheme. This is a joint initiative of the Government of Karnataka and The Akshaya Patra Foundation with the International Crops Research Institute for the Semi-Arid Tropics (ICRISAT) as the knowledge partner. The pilot will cover 1,622 beneficiaries across 10 government and government-aided schools who will receive millet-based items like upma, bisibelebath, sweet and khara pongal twice a week in addition to the existing mid-day meal menu from Akshaya Patra’s centralised kitchens. Based on the health and growth report of these beneficiaries over a period of 6-8 months, the government will consider to extend the implementation of the initiative to other schools across the state. The success of the Mid-Day Meal Scheme in the state is also attributed to the efforts of the not-for-profit organisations like The Akshaya Patra Foundation, an NGO in Bangalore, that work in collaboration with the State Government. Akshaya Patra Kitchens in Karnataka serving number of children and schools. The Government of Karnataka and other State Governments in partnership with NGOs are working tirelessly to improve the nutrition levels of children while supporting their education too. However, this effort also requires involvement from the civil society i.e. you and me. Akshaya Patra provides a platform for all of us to get involved with the cause of children. By contributing online donations for NGO, you will directly impact the lives of millions of children, not just in Karnataka but the entire nation.

Updated and corrected 5/21/15. My thanks to a sharp-eyed reader who corrected my error regarding the origin of the 12th Subcircuit vacancy. What follows is not a comprehensive list of Cook County judicial vacancies, but rather a list of vacancies that have been filled by Supreme Court appointment. There may be (and often are) vacancies which the Supreme Court has not filled. There will be additional vacancies, and additional appointments between now and late fall when the Illinois State Board of Elections posts an authoritative list of judicial vacancies in anticipation of the 2016 primary. As always, errors or omissions in this list are mine alone and I am grateful for additions and corrections provided. I will update this list periodically, as new vacancies are announced or filled. But the 2016 election cycle is — however early you may think it is — absolutely underway. This is the vacancy created by the retirement of Judge William J. Maddux. Vacancies of judges elected to city-only or suburbs-only judicial vacancies prior to the adoption of the subcircuit system in the early 1990s are assigned to subcircuits as they occur pursuant to a schedule included in the original subcircuit legislation. This is the vacancy created by the retirement of Judge Robert J. Quinn. Like Judge Maddux, Judge Quinn was elected to a ‘Chicago-only’ Circuit Court vacancy in 1992, the last time judges were elected on a citywide or suburbs-only basis (and also the first time judges were elected from Cook County Subcircuits).

PovertyIt Is Against the Law to Be Homeless or To Help Homeless People In the USA! PovertyWho Says the Poor Are Simply Useless! Sign in or sign up and post using a HubPages Network account. 0 of 8192 characters usedPost CommentNo HTML is allowed in comments, but URLs will be hyperlinked. Comments are not for promoting your articles or other sites. Thanks callonresources for reading and commenting. I checked through your hubs and we seem to have several common interests. I am happy to follow you. I truly respect your compassion for the poor. Rubbeka. This is the characteristic of a really good human being. There is a non-material ways to help suffering people – visible or non-visible. It is called “loving kindness” when you generate goodwill for the wellbeing of others. This practice will help you as well as others whom you “desire” to help. You may explore my hubs on Vipassana meditation, it is highly effective in self purification and teaches you how to generate goodwill for others. Thanks, for being a truly compassionate person. 20 now n in 2years i won’t be so helpless to help my heart to follow my heart.. Thanks Jo miller and Nan Mynatt, for your interest on this topic. Excellent hub on the three most poorest countries in the world. Thanks for the information. This is really an excellent article. Keep up the good work.

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