Free webinar for job seekers on best interview answers, hosted by Goodwill June 11 The Anatomy of Fear Share on Facebook Tweet on Twitter Please enter your name here Some 31 years ago, when she sat in the former Orlando Arena for the first game in the Orlando Magic’s history, Lisa Blackwelder thought to herself how beneficial it would be for Orlando and the Central Florida community to have an NBA basketball team in the area.On Wednesday, Blackwelder – the Director of Development for United Against Poverty, Up Orlando – got to see firsthand some of the good that the Magic continue to do for those in need in the community.United Against Poverty was one of 16 nonprofit organizations from Central Florida to receive grants totaling $1,050,000 from the Orlando Magic Youth Foundation in a ceremony at the Amway Center on Wednesday. It is the 12thtime since the inception of the OMYF that the organization has given at least $1 million in grants in a year. Over the past 30 years, more than $25 million has been distributed to local nonprofit organizations through the OMYF and more than 2 million young people have been positively impacted.“We’re so excited and so appreciative because this will help so many people,’’ Blackwelder said after United Against Poverty was one of 11 organizations to receive a $50,000 grant. “We offer classes, which are called Success Training Employment Programs (STEPs), which helps people gain more skills, it helps people with high barriers get employment and we have a success coach who follows them up to three years if the person would like the be mentored. It will help hundreds of people and their families and we’re so happy.’’Quite possibly, no one at Wednesday’s ceremony was happier than ELEVATE Orlando’s President, Sherry Paramore. Paramore gasped, raised her hands to her mouth and eventually flashed a wide smile when ELEVATE Orlando received one of the two $100,000 grants focused on improving educational opportunities for those in need in the Central Florida area.“Oh my gosh, it was amazing because we worked so hard on this grant and we know that it will really benefit the students and it will help them dream more and then allow them to go after their dreams,’’ said Paramore, who noted that the Magic grant money will directly assist about 435 high school students in getting information and training for various career opportunities. “To have this (grant money) that will help us elevate our students, it’s just so amazing for us.’’It was that kind of raw emotion from the grant recipients that moved Magic Chairman Dan DeVos and CEO Alex Martins nearly to tears on Wednesday. Knowing that the grant money given on Wednesday will impact the lives of so many in need brought out the emotions for DeVos and Martins, both of whom battled through tears of joy while awarding the oversized checks and Magic basketballs to recipients on Wednesday.“It makes my own eyes tear up when I see their tears,’’ said DeVos, who noted that the Magic organization is fulfilling the wishes of his late father and mother, Rich and Helen DeVos, by continuing to help those most in need. “This is just what (Mr. and Mrs. DeVos) would have wanted and it’s always good to remember that. It’s nice to know that we’re building this long term. The organization has committed to doing this and we certainly want to grow it as far as we can because we know the need is great. There are a lot of organizations out there that want to help make a difference in this community and we want to help them the best that we can to assist.’’Said Martins: “It’s great just to see the looks on these people’s faces. I mean, there were some tears today, which means that we’re obviously making an impact on them and the work that they do. They really work hard, and we want to help. It’s emotional because of the overall magnitude of what we’re doing. There’s so much need in our community and we’re trying to raise more and more and more and that’s why we started the Orlando Wine Festival and Auction … so that we could raise more money for these organizations. To be able to give $1 million away, you make an impact. And to see them come up with a tear in their eye when they’re getting a $100,000 check, it’s changing for their organization and it means that they’re going to be able to have a really positive impact on our kids.’’The Magic and the DeVos Family are so committed to making a difference in the Central Florida community that each year the organization gives more than $2 million to Central Florida by way of sponsorships of events, donated tickets, autographed merchandise and grants.At the heart of the Magic’s charitable efforts is the work done by the OMYF. The OMYF is committed to helping children in Central Florida realize their full potential, especially those at risk, by supporting nonprofit organizations offering youth-based programs in the areas of education, housing/homelessness, the arts and health programs focused on preventing childhood obesity.In 30 years, the OMYF has distributed more than $25 million to local nonprofit organizations. The DeVos Family covers all the administrative expenses of the OMYF, which allows for 100 percent of all donations to go directly to the foundation in its efforts to make Central Florida a better place to live and work.“It’s substantial for some of these organizations to get $50,000 or $100,000, and when we’re reviewing (the grantees), we want to know how many children can be taken care of with this money,’’ OMYF President Linda Landman-Gonzalez. “We’re extraordinarily proud when we hear the impact that we’re making. The Magic are truly a neighbor to this community, but we don’t take that lightly. It’s not just our treasure, as in this case, but our time that is important, sitting on 55 different not-for-profit boards. Being at the table and understanding what the needs are, that’s just part of what we’re proud of about what we do.’’The OMYF raises money to give to those in need through fundraising events such as the OMYF Open golf tournament and the Orlando Wine Festival and Auction. The second-annual Wine Festival and Auction, the signature fundraiser for the OMYF, will be held March 13-15 at the Ritz-Carlton Orlando Grande Lakes. The weekend is set to feature exclusive vintner dinners, an outdoor festival featuring live music, live auction displays an e-auction, local and celebrity chefs, wineries, food pavilions and appearances by Magic coaches and players. Each guest also receives an invitation to the OMYF grant ceremony and all funds from the Wine Festival and auction will be distributed to local nonprofit organizations. Last year’s Orlando Wine Festival and Auction raised $900,000 for the OMYF.For more information on the OMYF, visit www.omyf.organd for more information on the Orlando Wine Festival and Auction, please visit www.wineauctionorlando.com.This year’s list of grantees include: AdventHealth Foundation/Hebni Nutrition Consultants ($100,000 for a three-year grant cycle); Orlando Science Center/Early Learning Coalition of Osceola County ($100,000 for a three-year grant cycle); Second Harvest Food Bank of Central Florida/Grace Medical Home, Inc. ($100,000 for a three-year grant cycle); ELEVATE Orlando ($100,000); Pace Center for Girls – Orange ($100,000); Central Florida Community Arts ($50,000); Coalition for the Homeless of Central Florida ($50,000); Early Learning Coalition of Orange County ($50,000); Foundation for Orange County Public Schools ($50,000); Harbor House of Central Florida ($50,000); Hope CommUnity Center ($50,000); IMPOWER ($50,000); Orlando Ballet ($50,000); Orlando Repertory Theatre ($50,000); Orlando Shakes (in Partnership with UCF) ($50,000) and United Against Poverty ($50,000).As for Lisa Blackwelder of United Against Poverty, she said the Magic should be lauded for being more than just a basketball franchise and continually working to help those in need in the community. Just as she thought 31 years ago, while watching the Magic play for the first time back in 1989, the partnership between Orlando and the Magic has been a great one for everyone involved.“I remember coming to the very first game – I’m a Florida native – and just being awestruck that we have an NBA team here and I remember thinking how the organization is going to help the community grow and help people,’’ said Blackwelder, whose United Against Poverty organization helps families with education, training, and empowerment to improve their financial stability and self-sufficiency. “The (OMYF) has helped so many people and so many organizations through the years and it’s made our community safer and it’s made it smarter. So, we’re a safer, smarter and stronger community because of the Magic.’’Note: The contents of this page have not been reviewed or endorsed by the Orlando Magic. All opinions expressed by John Denton are solely his own and do not reflect the opinions of the Orlando Magic or their Basketball Operations staff, partners or sponsors. Support conservation and fish with NEW Florida specialty license plate TAGSHope CommUnity CenterOrlando Magic Previous articleComing to Amazon Prime Video in FebruaryNext articleIs Luck a Factor in Gambling? Denise Connell RELATED ARTICLESMORE FROM AUTHOR LEAVE A REPLY Cancel reply Please enter your comment! Orlando Magic Youth Foundation gives over one-million dollars to 16 Central Florida organizationsby John Denton of nba.com You have entered an incorrect email address! Please enter your email address here Save my name, email, and website in this browser for the next time I comment.
The Greatest Minds in Advertising Join Forces – Red Nose Day 2009 AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Advertisement 111 total views, 3 views today 112 total views, 4 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 13 March 2009 | News The Red Nose Day team have hired the greatest minds in advertising to come up with the best ad in British television history. Starring Monkey, Honey Monster, Captain Birdseye and many more. Tagged with: Humour 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.
+ posts Garrett Podellhttps://www.tcu360.com/author/garrett-podell/ Boschini talks: construction, parking, tuition, enrollment, DEI, a student trustee Previous articleMen’s basketball holds on in close call victory over South Dakota, 76-71Next articleSome students unsure of where to take cover during lockdowns Garrett Podell RELATED ARTICLESMORE FROM AUTHOR TCU quarterback Kenny Hill evades an Oklahoma defender. Photo courtesy of GoFrogs.com Twitter Garrett Podellhttps://www.tcu360.com/author/garrett-podell/ Twitter Linkedin Listen: The Podell and Pickell Show with L.J. Collier Garrett is a Journalism and Sports Broadcasting double major. He is the Managing Editor for TCU360, and his passions are God, family, friends, sports, and great food. TCU places second in the National Student Advertising Competition, the highest in school history No. 12 TCU will face Texas Tech in Lubbock, Texas Saturday. Kickoff is set for 11 a.m. “I’m more worried about the defensive guys, to be honest with you,” he said. “You know why? Offensive guys get to punt. If you don’t do well, it’s three plays and then it goes back to the other team. Defense doesn’t get to punt. When they’re running vertical routes and the guy’s standing in his end zone because you don’t cover, then it’s a problem.”The Frogs will be the most injury-riddled they have been all season when they travel to Lubbock Saturday, needing to win there and at home the next week against Baylor to clinch a spot in the Big 12 Conference championship game.“Not my first rodeo,” Patterson said. “If it was my first rodeo, then I might be sitting on the top of a building somewhere debating, but it’s not. You know, I’ve found out sometimes, guys step up that you never, ever thought they would because they know it’s their time.”Patterson didn’t have any predictions on how Robinson will react to potentially his first collegiate start.“If it does have to be his time, then we’ll see how that works,” he said.Hostile Environment Every week Patterson lauds a road opponent as a “tough place to play,” and this week was no different.“Tough place to play — Lubbock, Texas,” Patterson said Tuesday. The Horned Frogs’ last trip to Lubbock produced one of its more memorable wins. TCU running back Aaron Green caught a tipped pass off the fingertips of wide receiver Josh Doctson on a pass from quarterback Trevone Boykin in the back of the end zone on a 4th-and-goal at the 4 with 23 seconds to play to give the No. 3 Frogs a 55-52 victory.TCU’s last trip to Lubbock also produced one of Patterson’s most memorable postgame experiences, courtesy of the Red Raider fans.“Frozen water bottles hit Coach [Doug] Meacham and I upside the head,” he said. “Everyone else gets tortillas and we get frozen water bottles. It’s a lovely relationship we got.” Men’s basketball scores season-low in NIT semifinals loss to Texas ReddIt ReddIt Garrett Podellhttps://www.tcu360.com/author/garrett-podell/ printThe heart and soul of both the Horned Frog football offense and defense, senior quarterback Kenny Hill and the team’s leading tackler, senior linebacker Travin Howard, are two of four starters listed “between probable and questionable” by head coach Gary Patterson for No. 12 TCU’s matchup at Texas Tech Saturday.The other two starters who are “game-time decisions” are sophomore linebacker Montrel Wilson and junior safety Niko Small. The leading rusher, sophomore running back Darius Anderson, has now been ruled out for the season, and sophomore kicker Jonathan Song couldn’t kick against Oklahoma last week.“We’ve lost guys before and bottom line to it is, we have enough players to go win a ballgame,” Patterson said. “If I thought they were out, I would just tell you they’re out.”TCU quarterback Kenny Hill attempts to pick up a few yards against the Sooner defense. Photo courtesy of GoFrogs.comOn the bright side, the Horned Frog offensive line will receive a boost this weekend with the return of senior center Patrick Morris who has missed the last six games and will play a limited amount of snaps.Now, the offense could be in the hands of freshman backup quarterback Shawn Robinson a year early, who was already in position for more play time for TCU in the final two games of the regular season.“Here’s the thing — in at least three games, the next two games and a bowl game, whether we get a chance to play in the championship game or not, Shawn Robinson is going to be one of the guys we’re going to be looking at to change, to revamp our offense,” Patterson said. “So sometimes things happen for a reason.”Hill has thrown only one touchdown pass in the past three games, so there’s a chance Robinson could provide a spark to the Frog attack.“He’s fine because he’s played in a lot of big ball games,” Patterson said. “He won a state title, which means he played in front of 50,000. It’s not like he hasn’t played in front of a big audience. The players just aren’t as fast as they are on Saturdays at the college level.”Robinson is a former 4-star recruit and was named the Gatorade Texas Player of the Year after leading DeSoto High to its first-ever state championship in 2016. He has 13 carries for 75 yards this season. Most of his action came in the season opener against Jackson State, where he threw for 94 yards and 2 touchdowns on 5-7 passing.Whether it’s Hill or Robinson taking the snaps, Patterson said the defensive maladies are most concerning. Facebook Garrett Podell Linkedin Boschini: ‘None of the talk matters because Jamie Dixon is staying’ Garrett Podellhttps://www.tcu360.com/author/garrett-podell/ World Oceans Day shines spotlight on marine plastic pollution Facebook The College of Science and Engineering Dean, Phil Hartman, retires after 40 consecutive years
Billy Lee names strong Limerick side to take on Wicklow in crucial Division 3 clash RELATED ARTICLESMORE FROM AUTHOR Twitter Advertisement Linkedin Previous articleCalls to clean the River Deel in RathkealeNext articleGardaí search Limerick sports ground in probe into alleged match-fixing Alan Jacqueshttp://www.limerickpost.ie Facebook WhatsApp LEO Limerick students in Merchants Quay. Picture: Keith WisemanLIMERICK students have been asked to put their thinking caps on and come up with business ideas for this year’s Student Enterprise Programme.The Mayor of the City and County Of Limerick, Cllr Michael Sheahan, has launched the Limerick Student Enterprise Programme 2019/ 2020 on behalf of the Local Enterprise Office (LEO) Limerick.The Student Enterprise Programme is an educational and fun-packed initiative that teaches second level students what it is really like to be an entrepreneur, and set up and run their own business over the course of the school year.Sign up for the weekly Limerick Post newsletter Sign Up Co-ordinated by the 31 Local Enterprise Offices in local authorities across the country, the Student Enterprise Programme is now in its 18th year.The Mayor was joined by students from Ardscoil Mhuire, Corbally, Desmond College, Newcastle West and Castletroy College, Castletroy, to mark the launch of this year’s Programme.More than 20 Limerick schools are expected to participate in the programme with more than 1,000 students under the age of 18 taking part.Nationally, approximately 26,000 second level students from all over Ireland take part in the Student Enterprise Programme and gain real life experience about what it is like to be their own boss and how to run a business, thereby gaining invaluable experience about the ups and downs of entrepreneurship along the way!The Programme compliments the business studies curriculum at both junior and senior level and is a rewarding experience for students, giving them the freedom to develop their business concepts to the fullest. Students can enter either individually or as part of a team.Mayor Michael Sheahan said: “I’m delighted to mark the start of the academic year with the launch of this great programme. I wish all the students participating in the programme every success with their business ideas and I look forward to seeing the fruits of your work at the Limerick Finals exhibition in March.”The grand final will be held in the Great National South Court Hotel, Raheen on 25 March 2020.The programme is a Local Enterprise Office initiative, and Mary Killeen Fitzgerald, Acting Head of Enterprise with LEO Limerick said: “This programme plays a very important role in developing the students’ business skills, and helps foster a strong entrepreneurial culture in the participating students. We hope to see these students as clients of the Local Enterprise Office, launching new businesses in the near future”.For more information visit studententerprise.ie Print LimerickNewsLimerick students urged to put on thinking caps for Student Enterprise ProgrammeBy Alan Jacques – September 3, 2019 302 WATCH: “Everyone is fighting so hard to get on” – Pat Ryan on competitive camogie squads Predictions on the future of learning discussed at Limerick Lifelong Learning Festival Limerick’s National Camogie League double header to be streamed live Email Limerick Ladies National Football League opener to be streamed live TAGSlimerickLimerick City and County CouncilLimerick Student Enterprise Programme 2019Local Enterprise Office (LEO) Limerick Donal Ryan names Limerick Ladies Football team for League opener
Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago Adam Diaz is the Litigation Partner at Diaz Anselmo Lindberg, P.A. in Ft. Lauderdale, FL. He is AV Rated by Martindale-Hubbell which is the highest peer rating for Ethical Standards and Legal Ability.Adam has concentrated his practice in the areas of mortgage foreclosure and real estate, bankruptcy, consumer protection actions and commercial litigation. He is admitted in all Federal Courts in Florida as well as the United States Court of Appeals for the Eleventh Circuit. Adam Diaz is the Litigation Partner at Diaz Anselmo Lindberg, P.A. in Ft. Lauderdale, FL. He is AV Rated by Martindale-Hubbell which is the highest peer rating for Ethical Standards and Legal Ability.Adam has concentrated his practice in the areas of mortgage foreclosure and real estate, bankruptcy, consumer protection actions and commercial litigation. He is admitted in all Federal Courts in Florida as well as the United States Court of Appeals for the Eleventh Circuit. Previous: FHFA To Disburse GSE Allocations to Housing Trust Fund Next: CaseMax Announces Promotion, New Website About Author: Adam A. Diaz The Best Markets For Residential Property Investors 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Share Save Servicers Navigate the Post-Pandemic World 2 days ago default Law Servicing 2020-02-27 Seth Welborn Related Articles Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Demand Propels Home Prices Upward 2 days ago in Daily Dose, Featured, News February 27, 2020 1,006 Views Tagged with: default Law Servicing Home / Daily Dose / Court Opinion ‘Important Win’ for Mortgage Servicing Industry Print This Post Sign up for DS News Daily Court Opinion ‘Important Win’ for Mortgage Servicing Industry The Week Ahead: Nearing the Forbearance Exit 2 days ago Diaz Anselmo Lindberg, P.A. (formerly SHD Legal Group, P.A.) celebrated a big win for their client last week when the Fourth DCA reversed a judgment of dismissal previously rendered in favor of the borrowers, Charles and Lesley Stevens (the Borrowers). Wilmington Savings Fund Society, FSB v. Stevens. The Fourth DCA concluded the lower court erred when it found the mortgagee, Wilmington Savings Fund Society, FSB (“Wilmington” or “the Bank”), failed to prove its standing at the time of trial despite the fact the court admitted the original blankly endorsed note into evidence at trial without objection.In Stevens, the Borrowers executed a note and mortgage in favor of Countrywide Bank, FSB (“Countrywide”) in 2008 and defaulted in 2011. Thereafter, FNMA obtained an interest in the note and its servicer, Green Tree Servicing LLC (Green Tree), initiated foreclosure proceedings on FNMA’s behalf in 2012. Sometime before that, Countrywide blankly endorsed the original note and Green Tree attached a copy of the blankly endorsed note to its complaint. The copy of the note attached to the complaint reflected two sets of hole punch marks at the top.Ostensibly, in preparation of moving for judgment Green Tree filed the original note with the clerk of court. The original note was identical to the copy attached to Green Tree’s complaint with a few exceptions. The original note filed with the clerk reflected only one set of hole punch marks and the loan numbers were redacted and an exhibit sticker affixed to the face of the note. The Borrowers answered the complaint and challenged Green Tree’s standing to foreclose.Green Tree successfully moved to substitute Wilmington as the party plaintiff without objection. In preparation of trial and to support its holder status, Wilmington moved to have the original note returned to it. The court never ruled on the motion, the note remained in the court file and the matter proceeded to trial. Charles Stevens (“Stevens”) testified at trial and identified his signature on the original note. The Fourth DCA noted: “Wilmington then proffered the note into evidence and Stevens did not object ‘as long as it stay[ed] in the court file and it [was] a part of the court file.” The court admitted the original blankly endorsed note into evidence. Wilmington also proffered “multiple documents [which] showed Green Tree [the original Plaintiff] was in possession of the original note before the complaint was filed.”At the close of trial, the Borrowers argued Green Tree did not have standing at the inception of the case. They surmised the presumption that Green Tree possessed the original endorsed note and was a holder when it filed suit did not apply because of the differences (an exhibit sticker and redacted loan numbers) between the copy of the note attached to the complaint and the original surrendered to the court. The lower court found even without the presumption Plaintiff’s documentary evidence demonstrated Green Tree had possession of the original endorsed note prior to initiating the lawsuit and therefore Green Tree had standing at the inception of the case.The Borrowers also argued Wilmington “could not claim holder status [at the time of trial] because the note remained in the court file…” and was not returned to Wilmington after it became the party plaintiff. The lower court agreed with the Borrowers on this point, finding Wilmington failed to prove it had standing at the time of trial and entered an order involuntarily dismissing the case. Wilmington appealed.On appeal, the Borrowers argued for the first time that the differing hole punches in the note constituted a substantial alternation to the note. The Fourth DCA noted Stevens failed to raise this argument below and failed to explain how any of the alternations he identified, “the sticker, the redactions, or the additional set of hole marks,” were “substantial alternations” or “showed that Green Tree lacked possession of the note at the inception of the case.” The Fourth DCA concluded the lower court properly found Green Tree (and Wilmington by virtue of substitution) established its standing at the inception of the case through its documentary evidence and the fact Green Tree attached the endorsed note to its complaint.As to standing, at the time of trial the Fourth DCA disagreed with the Borrowers’ argument and the lower court’s conclusion that the fact the note remained in the court file at trial prevented Wilmington from establishing its holder status at the time of trial. The court explained even though Wilmington never obtained a ruling on its motion to return originals, Stevens failed to object when “Wilmington obtained the original [endorsed in blank] note from the court file and proffered it into evidence” at trial. The court concluded the fact “the note from the file was entered into evidence at the bench trial” was “sufficient to establish standing at trial.” The court reversed the judgment of dismissal and remanded the matter for entry of judgment in Wilmington’s favor.The Stevens opinion is an important win for the industry as it reverses a dangerous precedent among the lower courts based on a misapprehension of negotiable instruments and holder status. Possession of a note endorsed in blank is sufficient to confer holder status and standing, absent conflicting evidence. The decision also provides helpful guidance on the proper procedure for establishing holder status as a substituted party prior to moving for summary judgment or going to trial. Subscribe
Top StoriesSubstantial Question Of Law & Second Appeal Jurisdiction: SC Summarizes Principles Relating To Section 100 CPC [Read Judgment] Ashok Kini27 Aug 2020 8:31 PMShare This – x”High Court cannot also allow a second appeal, without discussing the question of law.”High Court cannot also allow a second appeal, without discussing the question of law, the Supreme Court observed in a judgment delivered on Thursday.In this case, plaintiff filed a suit seeking declaration of title to the suit property and recovery of possession of the suit property from the Defendant. The Trial Court dismissed the suit. The First Appellate Court allowed the plaintiff’s…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?LoginHigh Court cannot also allow a second appeal, without discussing the question of law, the Supreme Court observed in a judgment delivered on Thursday.In this case, plaintiff filed a suit seeking declaration of title to the suit property and recovery of possession of the suit property from the Defendant. The Trial Court dismissed the suit. The First Appellate Court allowed the plaintiff’s appeal and held that being the owner of a portion of the said premises, he was entitled to declaration of title in respect of the said portion of the suit property owned by him, but not to recovery of possession, since the defendant had been enjoying the suit property for a long time. Allowing the second appeal filed by the Plaintiff, the High Court held that the Plaintiff was entitled to recovery of half of the plaint scheduled property, after identifying the same with the help of an Advocate Commissioner, at the time of the execution of the decree.Taking note of the ‘substantial questions of law’ framed in this case, the bench comprising Justices Navin Sinha and Indira Banerjee observed: “With the greatest of respect to the High Court, neither of the two questions framed by the High Court is a question of law, far less a substantial question of law. There was no controversy before the High Court with regard to interpretation or legal effect of any document nor any wrong application of a principle of law, in construing a document, or otherwise, which might have given rise to a question of law. There was no debatable issue before the High Court which was not covered by settled principles of law and/or precedents.”The court proceeded to observe that, to be “substantial”, a question of law must be debatable, not previously settled by the law of the land or any binding precedent, and must have a material bearing on the decision of the case and/or the rights of the parties before it, if answered either way. “To be a question of law “involved in the case”, there must be first, a foundation for it laid in the pleadings, and the question should emerge from the sustainable findings of fact, arrived at by Courts of facts, and it must be necessary to decide that question of law for a just and proper decision of the case. An entirely new point, raised for the first time, before the High Court, is not a question involved in the case, unless it goes to the root of the matter.”, it added.The bench therefore summarized the principles relating to Section 100 of the Code of Civil Procedure as follows:An inference of fact from the recitals or contents of a document is a question of fact, but the legal effect of the terms of a document is a question of law. Construction of a document, involving the application of any principle of law, is also a question of law. Therefore, when there is misconstruction of a document or wrong application of a principle of law in construing a document, it gives rise to a question of law. The High Court should be satisfied that the case involves a substantial question of law, and not a mere question of law. A question of law having a material bearing on the decision of the case (that is, a question, answer to which affects the rights of parties to the suit) will be a substantial question of law, if it is not covered by any specific provisions of law or settled legal principle emerging from binding precedents, and, involves a debatable legal issue.A substantial question of law will also arise in a contrary situation, where the legal position is clear, either on account of express provisions of law or binding precedents, but the Court below has decided the matter, either ignoring or acting contrary to such legal principle. In the second type of cases, the substantial question of law arises not because the law is still debatable, but because the decision rendered. on a material question, violates the settled position of law. The general rule is, that High Court will not interfere with the concurrent findings of the Courts below. But it is not an absolute rule. Some of the well-recognised exceptions are where (i) the courts below have ignored material evidence or acted on no evidence; (ii) the courts have drawn wrong inferences from proved facts by applying the law erroneously; or (iii) the courts have wrongly cast the burden of proof. A decision based on no evidence, does not refer only to cases where there is a total dearth of evidence, but also refers to case, where the evidence, taken as a whole, is not reasonably capable of supporting the findingThe court observed that the judgment and order of the High Court under appeal does not discuss or decide any question of law involved in the case. It also addressed the contentions raised on merits. It observed that the presumption based on the maxim ‘possession follows title’ that possession must be deemed to follow title, arises only where there is no definite proof of possession by anyone else. Allowing the appeal, the bench observed:”Just as this Court has time and again deprecated the practice of dismissing a second appeal with a non-speaking order only recording that the case did not involve any substantial question of law, the High Court cannot also allow a second appeal, without discussing the question of law, which the High Court has done.”Case DetailsCase nameNazir Mohamed vs. J. Kamala Case no.CIVIL APPEAL NOS. 2843-2844 OF 2010 Coram Justices Navin Sinha and Indira BanerjeeCounsel K. K. MANI, S. THANANJAYANClick here to Read/Download JudgmentRead Judgment Next Story
News, Sport and Obituaries on Monday May 24th WhatsApp There were 200 less Gardaí recruited this year than originally planned, according to the Garda Representative Association.It says the lack of resources available to members along the border area is affecting their ability to fight criminal activity.Cross border agency cooperation will be among the topics today at the annual Cross Border Conference on Organised Crime in Cavan, which the Garda Commissioner and PSNI Chief Constable are attending.GRA Donegal spokesperson, Brendan O’Connor, says action needs to be taken:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2019/09/ocondfgdfgdfgnor8am.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. WhatsApp Twitter Facebook Pinterest A bleak situation for Donegal Gardai – GRA By News Highland – September 25, 2019 AudioHomepage BannerNews Arranmore progress and potential flagged as population grows Loganair’s new Derry – Liverpool air service takes off from CODA Previous articlePlans in motion to secure future of Bád EddieNext articleMcGeehan and McGeever named on Tipp Management News Highland Facebook Nine til Noon Show – Listen back to Monday’s Programme RELATED ARTICLESMORE FROM AUTHOR Google+ Important message for people attending LUH’s INR clinic Google+ Twitter Pinterest Community Enhancement Programme open for applications
August 23, 2013 View post tag: ocean Training & Education View post tag: Navy View post tag: Training View post tag: Defence View post tag: waves View post tag: Explosive Back to overview,Home naval-today Australia: Explosive Training on Ocean Waves HMAS Newcastle’s Clearance Divers (CDs) have been keeping their core skills finely tuned by conducting regular training at sea in the Middle East Area of Operations (MEAO).Having already demonstrated their underwater rigging expertise to remove an obstruction from Newcastle’s propeller shaft, the four CDs have also spent hours practising their counter improvised explosive device (CIED) techniques and explosive ordinance disposal (EOD) skills.The Australian warship will visit numerous foreign ports over the course of her six-month operational deployment. One of the major capabilities that CDs contribute to the ship’s mission is the ability to locate explosive devices and neutralise them.Petty Officer Clearance Diver (POCD) Brenton Walters said the task required an expert knowledge of explosives and the use of some highly specialised equipment.“Along with our dive gear, we have a TALON Remote Piloted Vehicle (a bomb disposal robot), an EOD-9 Bomb-suit and various counter-IED weapons. We also have an x-ray unit.“Overall, this equipment gives us the ability to deal with any explosives threats that occur during the deployment both above and below the waterline,” he said.Newcastle’s EOD team routinely run EOD and CIED training sessions during Newcastle’s maritime security patrols, to ensure they remain up to the task.“We have a responsibility to be adequately prepared to deal with any situation that occurs while we are in the MEAO,” POCD Walters said.“To that end, we also take part in the ship’s Force Protection procedures.”Newcastle is in the Middle East Area of Operations (MEAO) assigned to Operation SLIPPER – the Australian Defence Force (ADF) contribution to the international campaign against terrorism, counter smuggling and counter piracy in the Gulf of Aden, and enhancing regional maritime security and engagement.The deployment is the 55th rotation of an Australian warship to the MEAO since 1990.[mappress]Press Release, August 23, 2013; Image: Australian Navy View post tag: News by topic Australia: Explosive Training on Ocean Waves View post tag: Naval View post tag: Defense View post tag: the Share this article
More than 350 Corvettes will cruise the Ocean City Boardwalk and be on display from 11:30 a.m. to 4 p.m. Sunday, Sept. 21.The following is Ocean City Mayor Jay Gillian’s weekly update to citizens posted on Friday, Sept. 19. September 19, 2014Dear Friends,It is my pleasure to welcome back the ALS Walk to Ocean City on Saturday at 10:00 AM. Hundreds come out to support patients and their families in improving services and research into finding a cure for Lou Gehrig’s Disease. In particular, I would like to recognize our local family, the Goudie family, who strongly support this walk in honor of their mother, Joanne.This weekend also marks another great Ocean City Boardwalk tradition, the annual Corvette Show, which will be held on Sunday from 11:30 AM to 4:00 PM. Over 350 cars will be exhibited, making our Ocean City car show one of the largest of its kind in the East.A special greeting this week to all of my fellow alumni from Ocean City High School as we celebrate “Red and White Weekend”– a reunion of classmates and friends from past graduating classes. Various activities are planned, highlighted by a barbeque near the football field tonight, ahead of the Red Raider home game. I am looking forward to seeing a lot of red and white throughout town this weekend.I hope everyone has a great weekend.Warm Regards,Jay A. GillianMayor
Twitter Facebook IndianaLocalNews Google+ Previous articleFort Wayne, Allen County Sheriff’s Department sued by ACLU for using tear gas on protestersNext articleThis week’s Hometown Hero is Serenity Whiting 95.3 MNCNews/Talk 95.3 Michiana’s News Channel is your breaking news and weather station for northern Indiana and southwestern Michigan. Facebook WhatsApp (Photo supplied/City of Elkhart) The City of Elkhart, through the work of Elkhart Environmental Center staff, and along with broad support and input from city staff and residents, will spend the next several months developing a climate action plan to reduce community greenhouse gas emissions. This plan is being completed alongside eleven communities selected to be a part of Indiana University’s second Resilience Cohort.The Elkhart Environmental Center began its participation with the 2020 Resilience Cohort in January. As a critical first step in the climate action planning process, the City of Elkhart is conducting a community-wide greenhouse gas inventory to better understand the sectors where the community can achieve emissions reductions. The IU Resilience Cohort will provide guidance and training through the end of December.Elkhart officials plan to engage local residents and key community stakeholders to incorporate public input for the plan. Public meeting dates and locations are forthcoming, including virtual participation opportunities. These opportunities will be shared on the website and through the city Facebook pages.Jamison Czarnecki, Supervisor at the Elkhart Environmental Center, says the city has been taking steps forward to make Elkhart more sustainable. “It’s a common understanding that the city is growing and changes are happening, but we need to have a smart growth mentality as we make these changes. This plan is a step in the right direction and will showcase us as a city that thinks about the long term future of its residents and its businesses.”A climate action plan is a fundamental step for Hoosier cities and towns committed to protecting their communities from heavier rainfalls in spring and winter, more frequent river and flash floods, and more freeze-thaw events that lead to potholes, among other impacts. The finished plan will provide Elkhart with a strategy for reducing greenhouse gas emissions and becoming more resilient to the effects of climate change.The Resilience Cohort was established in 2019 by the Environmental Resilience Institute, an Indiana University Prepared for Environmental Change Grand Challenge Initiative.“We are thrilled that Elkhart has decided to take the important step of developing a climate action plan,” said Janet McCabe, ERI Director, “Once adopted, the plan will provide a tailored roadmap to reduce local sources of greenhouse gases that contribute to climate change. In addition to lowering Elkhart’s climate impact, implementing the plan will lead to community benefits like green jobs, lower utility bills, improved air quality, and a better government bond rating.”The City of Elkhart anticipates that a draft of the plan will be completed by September 2020. The draft will be submitted to City elected officials for review and consideration in the fall.For further information or to participate in the climate action plan, go to www.elkhartindiana.org/eec and click the “Climate Action Plan” tab. You can also contact the Elkhart Environmental Center at [email protected] or by phone at 574-293-5070. By 95.3 MNC – June 29, 2020 1 371 WhatsApp Pinterest Public’s help needed to develop a plan for Elkhart to reduce greenhouse gas emissions Pinterest Twitter Google+