Category: tupomotf

Maendeleo Bank Plc (MBPLC.tz) 2013 Prospectus

first_imgMaendeleo Bank Plc (MBPLC.tz) listed on the Dar es Salaam Stock Exchange under the Banking sector has released it’s 2013 prospectus For more information about Maendeleo Bank Plc (MBPLC.tz) reports, abridged reports, interim earnings results and earnings presentations, visit the Maendeleo Bank Plc (MBPLC.tz) company page on AfricanFinancials.Document: Maendeleo Bank Plc (MBPLC.tz)  2013 prospectus Company ProfileMaendeleo Bank Plc is a leading financial institution in Tanzania offering banking products and services to micro entrepreneurs, small and medium enterprises and corporate clients. It offers the full spectrum of financial solutions ranging from current, savings and time deposit accounts to micro, small and medium-sized loans. Maendeleo Bank also offers insurance solutions for business, domestic, motor, personal accident, group personal accident and all risks insurance; as well as foreign exchange products, investment services in government securities and mobile and internet banking. Maendeleo Bank Plc is listed on the Dar es Salaam Stock Exchangelast_img read more

Fidelity Life Assurance of Zimbabwe Limited (FIDL.zw) 2019 Annual Report

first_imgFidelity Life Assurance of Zimbabwe Limited (FIDL.zw) listed on the Zimbabwe Stock Exchange under the Insurance sector has released it’s 2019 annual report.For more information about Fidelity Life Assurance of Zimbabwe Limited (FIDL.zw) reports, abridged reports, interim earnings results and earnings presentations, visit the Fidelity Life Assurance of Zimbabwe Limited (FIDL.zw) company page on AfricanFinancials.Document: Fidelity Life Assurance of Zimbabwe Limited (FIDL.zw)  2019 annual report.Company ProfileFidelity Life Assurance of Zimbabwe Limited is a holding company providing products and services for life assurance, employee benefits, asset management, medical insurance, funeral assurance provision of actuarial services and residential property development. This includes managing pensions, funeral insurance and microfinancing in the informal banking market. Fidelity Life Assurance Zimbabwe offers additional products for individual loans, salary-based loads and loans for farmers. Its actuarial services include life and general insurance services, healthcare insurance, investments and finance and funeral assurance schemes. Its asset management services include unit trusts, money market funds, equity funds, balanced funds and advisory services. Its medical aid services include an access health package, express health package and a foundation health package. The company operates in Zimbabwe and Malawi, with the latter offering products for life assurance and pensions. Fidelity Life Assurance of Zimbabwe Limited is listed on the Zimbabwe Stock Exchangelast_img read more

Why I’d prefer the Tesco share price over Marks & Spencer in 2020

first_img Enter Your Email Address Simply click below to discover how you can take advantage of this. Click here to claim your copy now — and we’ll tell you the name of this Top US Share… free of charge! 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. Manika Premsingh | Friday, 17th January, 2020 | More on: MKS TSCO “This Stock Could Be Like Buying Amazon in 1997” Manika Premsingh has no position in any of the shares mentioned. The Motley Fool UK has recommended Associated British Foods, AstraZeneca, and Tesco. 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. 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.center_img Why I’d prefer the Tesco share price over Marks & Spencer in 2020 Our 6 ‘Best Buys Now’ Shares Image source: Getty Images. There’s something completely baffling about the share price of retailer Marks & Spencer (LSE:MKS). It has seen a sharp fall over the past year, a continuation of a five-year-long history of falling share price. In fact, so dramatic is this story, that my colleague, Paul Summers, wrote about how much worse off investors would be if they had invested in the stock five years ago.  Yet, M&S has a high price-to-earnings (P/E) ratio of 36.8 times, higher than the 15.2 times for Next, which is a much better performer. It’s even higher than the 24 times P/E for Primark-owner Associated British Foods.  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…Uninspiring updates I’ve argued in the past a high P/E doesn’t always mean that a stock is expensive. Instead, it can be seen as the value investors put on it. A case in point is the FTSE 100 pharmaceuticals giant AstraZeneca, whose share price has been defying gravity despite a P/E of 48 times.  But I am at a loss to find a similar justification for M&S’s high P/E. Its latest trading update is disappointing, with a 0.7% fall in revenue in the last quarter. What’s even worse is that the quarter covers the festive season. Imagine what the results would have been like if it didn’t. Or rather, just look at last quarter’s numbers, which showed an even bigger 2.1% revenue fall.  Questionable dividend situation It’s true that M&S’s dividend yield isn’t bad at 5.9%. But there are two points to note here. One, the further the share price falls, the better the yield appears. Two, while it has managed to stay profitable, its level of profits has dwindled quite a bit in the past two years. I’m not sure how long, if at all, it will be able to maintain its dividends in this scenario. Disrupted by the fast-paced increase in online retailing over the past decade, brick-and-mortar retailers are going through painful transformations. Until these transformations are complete and positive results show up in M&S’s financials, I’d refrain from investing.   Festive cheer As far as retailers go, I’m more inclined towards the FTSE 100 grocer Tesco (LSE:TSCO) despite its far lower dividend yield of 2.6%. One big reason for this, of course, is that it’s much cheaper than M&S, with a P/E of 18.3 times. But also because it has reported a comparatively encouraging trading update for the Christmas quarter. Its UK and Ireland market sales grew by 0.2%. The downside  However, I’d heed some investing caution in this case too. The group’s overall sales for the quarter fell 0.9% because of its poor performance in Central Europe and Asia. Admittedly, these markets are minuscule for Tesco compared to the UK and Ireland, but are still a big enough drag to negate the gains from them.   However, with Tesco maintaining its profits for the last two years and its optimistic outlook, I’m keeping it on my investing radar. 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. See all posts by Manika Premsinghlast_img read more

What’s on pastors’ minds? It’s not religious liberty

first_img The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Submit an Event Listing Press Release Service Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Submit a Press Release Curate Diocese of Nebraska TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Rector Hopkinsville, KY Rector Pittsburgh, PA Rector Shreveport, LA Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET By Emily McFarlan MillerPosted Feb 11, 2020 Priest Associate or Director of Adult Ministries Greenville, SC [Religion News Service] What’s on pastors’ minds? It may not be what you think, according to a report released last week by Barna Group.A new survey by the California-based Christian research firm found that Protestant pastors are worried less about hot topics like religious liberty than they are about the decline of religion in America.The report is the first of a series of monthly releases from Barna Group’s State of the Church 2020 that will analyze how Christianity in the United States has changed and where it is headed, president David Kinnaman said.It’s the first time in 10 years that the research firm has publicly released the data from its annual State of the Church survey.“I felt like we’d been learning a lot over the past 10 years that allows us to more clearly communicate the big cultural trends that are taking place and what they mean for the church,” Kinnaman said.According to the report, three-quarters (72%) of Protestant pastors identify the impact of “watered-down Gospel teachings” on Christianity in the U.S. as a major concern. That’s especially true for pastors in non-mainline denominations (78%). Mainline pastors (59%) are less concerned.About two-thirds (66%) of pastors say a major concern for Christianity is “culture’s shift to a secular age,” followed by 63% who identified “poor discipleship models” as a major concern and 58% who named “addressing complex social issues with biblical integrity,” the survey says.In their own churches, most pastors reported that the major concerns they face are “reaching a younger audience” (51%) and “declining or inconsistent outreach and evangelism” (50%), according to the report.What doesn’t worry pastors very much: religious liberty — the stuff of Supreme Court cases, executive orders, campaign promises and a recent task force and summit. Only 23% of Protestant pastors identify it as a major concern or issue facing the Christian church today in the U.S., and 32% said it was not a concern or issue at all, according to Barna Group data.Other issues low on pastors’ list of major concerns include keeping up with technology and digital trends (7%), online churches and other challenges to the traditional church model (11%), “celebrity pastors pulling people away from the local church” (19%), the declining influence pastors have in their communities (20%) and the role of women in the church (23%).Barna Group’s survey also includes a small group of Catholic priests — not enough to be nationally representative, according to the research firm — who also place increasing secularism at the top of their concerns for the church nationally (along with addressing scandals and the abuse crisis in the Catholic Church and reaching a younger audience) and reaching a younger audience for their parishes.The research firm also is launching tools that allow churches to survey their own members. Kinnaman said it felt “more important than ever to give churches the opportunity to see the state of their church” — not just of the church, or Christianity, in general.“There’s so much information about big, broad trends. In order for trends to be relevant, they have to be contextual,” he said.Data in the first report of the State of the Church 2020 is based on 547 interviews with Protestant senior pastors on Barna’s PastorPanel conducted online between November and December 2019. The sample error is plus or minus 4.1 percentage points, according to Barna Group.This article was originally published by Religion News Service. Submit a Job Listing Associate Priest for Pastoral Care New York, NY Cathedral Dean Boise, ID Featured Jobs & Calls Course Director Jerusalem, Israel Rector Smithfield, NC Assistant/Associate Rector Morristown, NJ Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Rector Belleville, IL Youth Minister Lorton, VA Associate Rector Columbus, GA Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Family Ministry Coordinator Baton Rouge, LA Director of Music Morristown, NJ Rector Washington, DC Rector and Chaplain Eugene, OR Curate (Associate & Priest-in-Charge) Traverse City, MI Missioner for Disaster Resilience Sacramento, CA Rector (FT or PT) Indian River, MI Featured Events Director of Administration & Finance Atlanta, GA Rector Tampa, FL Bishop Diocesan Springfield, IL AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis New Berrigan Book With Episcopal Roots Cascade Books Rector Collierville, TN In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Rector Martinsville, VA Rector Bath, NC Assistant/Associate Rector Washington, DC Rector/Priest in Charge (PT) Lisbon, ME Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Rector Albany, NY Rector Knoxville, TN This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Associate Rector for Family Ministries Anchorage, AK What’s on pastors’ minds? It’s not religious liberty An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Priest-in-Charge Lebanon, OH Canon for Family Ministry Jackson, MS Assistant/Associate Priest Scottsdale, AZ last_img read more

42,000 students volunteered in England in 2003

first_img Tagged with: Research / statistics Volunteering AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 6 June 2004 | News 42,000 students volunteered in England in 2003  28 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Student Volunteering England has published its first national survey of student volunteering in England.The survey found that students who volunteered each gave on average around 82 hours per year in time, worth £42 million. The figures are based on organised volunteer programmes at higher education institutes.However, the 42,000 students who volunteered last year represent just 2% of students in higher education. Student Volunteering England have set a target of 100,000 student volunteers by 2010. Advertisement About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.last_img read more

Businessmen vow to raise €350,000

first_img  24 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Tagged with: corporate Ireland AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Two well-known Cork businessmen have pledged to build an orphanage in Sri Lanka for tsunami victims and fund it for the next 20 years. The total cost of the project will be €350,000 and follows a visit to Sri Lanka by the businessmen.Robert McCarthy and John Hickey, who own McCarthy’s Bar and Bistro, the Briar Rose Bar and Bistro and Penn’s Bar and Bistro, said the orphanage in Negambo, Colombo, will cater initially for 20 girls. But they hope that will rise to 40 girls within a few years.The duo also unveiled plans to build a Montessori school for 120 children as part of the €350,000 project.The sod has already been turned on the projects and details were unveiled last night of a range of fundraising activities over the next few months. The men plan to raise €250,000 to cover construction costs for both buildings and, incredibly, the remaining €100,000 will cover the facilities’ €500-a-month running costs for the next 20 years.The men experienced first-hand the devastation caused by the 2005 Asian tsunami when they visited Sri Lanka last May. Mr McCarthy said once they got home, they could not get the images of suffering out of their minds.It prompted them to set up the Sri Lankan Orphanage Charity project, which will feed into the work of the Irish Sri Lankan Orphanage Fund, set up in Arklow in 2005 by hotelier Brian Brennan.Cork senior hurler Tom Kenny has agreed to be charity patron. The charity will hold a Kidz helping Kidz fun-run event for schools on March 15 and 16, a July 4 banquet in the Capella resort in Castlemartyr, and a golf classic in the Lee Valley Golf Club on September 5 and 6.www.corksrilankaorphanagefund.ie. Howard Lake | 4 February 2008 | News Businessmen vow to raise €350,000 About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.last_img read more

Charities Online Financial Reporting and Accounts Awards 2011 announced

first_img Tagged with: Awards Finance This memorable celebration took place on Thursday 30 June at Chartered Accountant’s Hall where various charities were honoured for demonstrating excellence and innovation in online financial reporting.The Awards were designed to encourage charities to make their websites and annual accounts and reports more attractive and accessible to beneficiaries, donors and other ‘stakeholders’ in the charity sector.They aim to increase transparency by rewarding best practice in annual financial reporting, raise the standard of web-based reporting for greater impact and accessibility and encourage more charities to do their financial reporting online.The winners and runners up of the Charities Online Financial Reporting Awards are listed below in their subsequent categories.Top 100 Fundraising Charities – Sponsored by DeloitteWinner: OxfamRunner up: The Charities Aid FoundationCharities with income above £5mWinner: Action on Hearing LossCharities with income from £250k to £1mWinner: Cecily’s FundRunner up: SYFABCharities with income less than £250K – Sponsored by Utility AidWinner: Aberdeen Strathspey & Reel SocietyRunner up: Mexborough & Swinton Astronomical SocietyWinners and runners up received prize money for their charity, a winner’s or runner’s up seal to display on their website in addition to free annual subscription to ICAEW’s Charity and Voluntary Sector Group.Thank you to all charities that entered the Awards. To find out more and register for next year’s awards go to:http://icaew.com/cofra About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. Charities Online Financial Reporting and Accounts Awards 2011 announced AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis  17 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 13 July 2011 | Newslast_img read more

Allahabad HC Seeks State’s Response In Habeas Corpus Plea For Release Of Dr. Kafeel Khan [Read Order]

first_imgNews UpdatesAllahabad HC Seeks State’s Response In Habeas Corpus Plea For Release Of Dr. Kafeel Khan [Read Order] LIVELAW NEWS NETWORK6 Aug 2020 9:23 PMShare This – xThe Allahabad High Court on Wednesday asked the Uttar Pradesh Government to “positively file” its reply in the habeas corpus plea filed against alleged illegal detention of Dr. Kafeel Khan, by the next date of hearing. A bench of Justices Manoj Misra and Deepak Verma allowed the state counsel’s request seeking ten days time to file a reply to the petition. The Court has directed that…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 Allahabad High Court on Wednesday asked the Uttar Pradesh Government to “positively file” its reply in the habeas corpus plea filed against alleged illegal detention of Dr. Kafeel Khan, by the next date of hearing. A bench of Justices Manoj Misra and Deepak Verma allowed the state counsel’s request seeking ten days time to file a reply to the petition. The Court has directed that the state’s reply be placed on record by August 19, 2020. In the meantime, Union of India has also been asked to file its counter affidavit, if required. Khan is presently lodged in the Mathura jail under the National Security Act. He was arrested from Mumbai in January this year, for allegedly giving a provocative speech at the Aligarh Muslim University on December 13, 2019, amidst the anti-CAA protests. Notably, Khan had been granted bail by the court of CJM, Aligarh on February 10. However, he has been languishing in jail under the NSA Act, which was slapped on him by the Aligarh District Magistrate on February 15. The present habeas corpus plea was moved by Khan’s mother, Nuzhat Perween. She had first approached the Supreme Court in March this year, seeking release of his son. However, a bench comprising CJI S A Bobde, Justices Surya Kant and BR Gavai disposed of the plea with an observation that Allahabad High Court is the appropriate forum for dealing with the matter. Khan came in news first in August 2017, during the tragedy in Baba Raghav Das(BRD) Medical College Hospital, Gorakhpur, regarding the death of nearly 60 infants due to lack of oxygen supply. He was initially reported to have acted as a saviour by promptly acting to arrange emergency oxygen supply by paying out of his pocket. Despite being hailed as a hero for arranging cylinders as children gasped for breath, he was named in an FIR registered under Sections 409 (criminal breach of trust by public servant, or by banker, merchant or agent), 308 (attempt to commit culpable homicide) and 120-B (criminal conspiracy) of the Indian Penal Code. It was alleged that he was negligent in his duties, which resulted in a shortage of medical oxygen. He was arrested in September 2017, and was released only in April 2018 when the High Court allowed his bail application after observing that there existed no material on record to establish charges of medical negligence against Dr. Khan individually. He was also suspended from service alleging dereliction of duty. A report of the departmental enquiry absolved him of charges in September 2019. Click Here To Download Order Read Order Next Storylast_img read more

Constitutional Conundrum Of Special Courts

first_imgColumnsConstitutional Conundrum Of Special Courts Manuraj Shunmugasundaram & Niraimathi N9 Nov 2020 9:56 PMShare This – xThe Supreme Court of India, by an Order dated 01.11.2017 in a Public Interest Litigation, had mooted a “Central Scheme for setting up of Courts exclusively to deal with criminal cases involving political persons on the lines of the Fast Track Courts”. This, subsequently, led to the setting up of “Special Courts” to deal with the criminal cases against Members of Parliament and Members…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 of India, by an Order dated 01.11.2017 in a Public Interest Litigation, had mooted a “Central Scheme for setting up of Courts exclusively to deal with criminal cases involving political persons on the lines of the Fast Track Courts”. This, subsequently, led to the setting up of “Special Courts” to deal with the criminal cases against Members of Parliament and Members of Legislative Assembly. According to the proceedings before the Supreme Court in this case, it is estimated that at least 1581 cases were sought to be transferred to these Special Courts for expeditious conduct of trial and the progress being monitored by the Supreme Court. Notwithstanding the functioning of these Special Courts, a recent Report, submitted by the Criminal Rules Committee of the Madras High Court in the same case, has raised serious questions regarding the legal basis of these courts. The Supreme Court may now be required to consider and settle these questions of law as a matter of urgency before proceeding further. The constitution of these Special Courts find basis in the Order dated 01.11.2017 issued by Mr Justice Ranjan Gogoi and Mr. Justice Navin Sinha while hearing arguments in Ashwini Kumar Upadhyay vs Union of India W.P. (Civil) No. 699 of 2016. A subsequent Order dated 14.12.2017 in the same case directed the proportionate allotment of Rupees 7.80 crore from the Central Government to various State Governments, in consultation with High Courts, for setting up 12 Special Courts across the country under the “Scheme”. The High Courts were further directed to “trace out from the case records the particular case(s) pending in the files of the respective judicial officers under the jurisdiction” in order to transfer them judiciously. Madras High Court Committee Though the Scheme set out by these Orders seem well intentioned, the legality of these Special Courts have not been convincingly established. The Report filed by the Criminal Rules Committee of the Madras High Court (“Report”) highlights three problematic issues: 1. Can Special Courts be “offender specific” or should they be “offence specific” in the context of the law laid down in State of West Bengal v. Anwar Ali Sarkar 1952 AIR 75? 2. Whether the entire State (of Tamil Nadu) can be considered to be a Sessions Division, as suggested in the Supreme Court directions, and whether this would be in conflict with the Code of Criminal Procedure? 3. Do the “Special Statutory Courts” constituted under various enactments such as Prevention Corruption Act, Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act, Prevention of Money Laundering Act, etc not have precedence to conduct trial over the Special Courts created via judicial and executive fiat, as in the present case? In addition to these, there are a number of practical difficulties which have been experienced by litigants, practitioners and judicial officers on a daily basis, such as: Whether the cases against the present MLAs and MPs or ex-MLAs and ex-MPs charged during the term of their membership or the cases against present or ex MLAs and MPs instituted during any point in time be tried by the Special Court? If there are multiple Accused in a case where an MLA or MP is also an Accused, would that trial be jointly conducted or severed to try the particular MLA or MP separately in the Special Court?How does one trace whether and which of the Accused in a particular criminal case are/ were MLA or MP, as FIRs and Charge-sheets need not necessarily mention this information unless it is relevant to the particular case? As such, a great degree of ambiguity continues to prevail after two years of Special Courts coming into existence. Recently, while hearing the arguments in the PIL, on 06.10.2020 the Supreme Court directed all the High Courts to provide information on the number of Special Courts for MP/MLA in a prescribed format to provide more clarity on rationalizing exercise. It was in response to this, that the Criminal Rules Committee of the Madras High Court comprising of Mr.Justice P.N.Prakash, Mr.Justice G.Jayachandran and Mr Justice N.Sathish Kumar raised the issue of constitutional validity of the Special Courts for MPs/ MLAs designated to try criminal cases against MPs/MLAs in fast track mode. Having examined the issue and various Orders issued thereunder, the Criminal Rules Committee has recommended that the Orders for constituting Special Courts in Tamil Nadu should be recalled. They have further suggested that though the “part heard” cases could be completed before these Special Courts, they need not make over any more new cases to the Special Courts. They have also placed a request to revisit the portfolio of one judge exclusively hearing MP/MLAs cases and suggested that if these measures are followed in letter and spirit, the Supreme Court’s objective of decriminalization of Legislature could be achieved. The Path Ahead There is no doubt that legal issues raised by the Criminal Rules Committee need to be dealt with immediately. The action of the Supreme Court tracing its powers of forming such courts to the Supreme Court itself has brought into focus the underlying legality and the constitutionality of such courts. The fact that there are already Statutory Special Courts under many Acts such as SC/ST Act, POCSO Act and Prevention of Corruption Act and the question of which court – Statutory Special Court or Special Court as set up from the Order dated 01.11.2017 – should try the matter when there is a conflict of jurisdiction has not been resolved. At the heart of this conundrum, lies the constitution of Special Courts through judicial orders. By treating politicians as a separate class of people for trial of criminal cases, these measures may be in violation of Article 14 of the Constitution. Even after the constitution of Special Courts, in many states such as Kerala, Gujarat, Meghalaya, Telangana, Punjab & Haryana amongst others, all the cases from respective Statutory Special Courts have not been transferred while some other states such as Maharashtra, Tamil Nadu and Chhattisgarh have transferred it to the Special Court for MP/MLAs. As such, this would lead to an anomalous situation wherein politicians from different States are treated differently. While the Supreme Court has been quick to perform its duty as the watchdog against political corruption, including reforming the electoral processes through the PUCL vs Union of India and Common Cause vs Union of India cases, the highest Court must also not give up its role as sentinel qui vive with regard to fundamental rights. It is incumbent upon the constitutional Courts to quickly redress and rectify any legal errors which go to the root of the criminal jurisprudence of our country. As such, the Report of the Criminal Rules Committee have raised issues that are foundational to the constitution and functioning of the Special Courts. Now, it is the solemn duty of the Supreme Court to immediately resolve these issues before legal challenges pile up on this subject.Views are personal.(Authors are practicing Lawyers at the Madras High Court)Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Letters of the week: horsing around with herd instinct

first_imgLetter of the WeekIt is vital to track absence record Of course absence and illness reasons should be treatedconfidentially and staff concerned be assured that this will be so.Quite apart from the issues raised on the front page ofPersonnel Today, “Data rules could curb staff absence records” (16 January) andthe fact that employers pay staff to come to work and to actually be at work,if employers are not able to keep records of absence then they couldunwittingly be discriminating.How are they to distinguish between pregnancy-related andnon-pregnancy related absence, for example, or, say, a disability-relatedillness?Also, any employer worth its salt will want to tracksickness absence to ensure that all its employees are fit to be at work –absence reasons, if carefully studied, often highlight underlying problemswhich any responsible employer will want to ensure are tackled, or at least tobe able to offer help to the employee. Someone who has a series of “nebulous” sickness reasons, forinstance, with perhaps a pattern to the absences may be suffering from stresswhich may or may not be work-related.Employers need to be able to pick up these indicators andreview the apparent problem with the employee.Employers are not collecting the information just for thesake of it or because they are nosy. Employers have much better things to do with their time (and that oftheir staff) and money. Any responsible employer needs to know not only when and howoften the absence is occurring but for what reason(s) for good, practicalreasons.Susan Austin-BurrHR manager, Human Resources& Quality DepartmentIrwin Mitchell Solicitors I do not feel that employers should require consent fromtheir staff to keep sickness records.The records are needed for: Calculation of SSP/SMP etcCalculation of Company Sick Pay entitlement.It is also needed to alert senior staff of any developingproblem that may need Occupational Health support.Janice PartridgePersonnel officerSolihull Sixth Form College Related posts:No related photos. So Manchester Business School has moved into horsewhispering “Forget taming stallions…(News, 16 January).My simplistic understanding of horse whispering is that itplays on the herd instinct, with the whisperer feigning rejection of therecalcitrant animal from the herd. Fear of being left out of the action thendrives the horse into meek compliance in order to become or remain part of thegroup. Has MBS hit on the next big idea in HR management?Robert ClarkeDirector of Human ResourcesKeighley College Might it be an idea for Personnel Today to introduce a“Pseuds Corner” and might I propose the first quote from the article abouthorse whispering, I would suggest the following is a prime example of somemeaningless flannel.“The metaphor is that managers have to think less in termsof taming wild stallions and more in terms of seeing the horse as a vulnerablecreature that can be calmed by good leadership and gentle persuasion,” statedProfessor Tudor Rickards.Really, does he think we are all mad? I’m not sure where theadded value is in introducing and teaching this metaphor. Amanda PerryEuropean HR managerVia e-mail Comments are closed. Previous Article Next Article Letters of the week: horsing around with herd instinctOn 23 Jan 2001 in Personnel Today There should be time limit on filesI think the proposal that employers should have to getconsent from staff to record sickness absence is a real step forward in theData Protection Act. Working for a public sector company which recently became aPlc, details of absence are recorded on file, including all sickness absence,funerals, industrial action and any other reasons – marital problems forexample. I have written to my personnel department requesting a copyof my personnel file but am still waiting for it four months on.I feel this type of information should not be held on filefor an indefinite period of time and that all employers should ask for thewritten consent of employeesas to what is recorded on their file.Nick PriceVia e-maillast_img read more