50 homes left without phones following Eircom cable theft in Kincasslagh

first_imgNews Further drop in people receiving PUP in Donegal Twitter Facebook Google+ Pinterest Previous articleCiara Grant wins Cup medalNext articleGlenswilly & Milford plan for Ulster Semi Finals News Highland WhatsApp 365 additional cases of Covid-19 in Republic Facebook Google+ By News Highland – November 4, 2013 center_img Man arrested on suspicion of drugs and criminal property offences in Derry 50 homes left without phones following Eircom cable theft in Kincasslagh Twitter RELATED ARTICLESMORE FROM AUTHOR Main Evening News, Sport and Obituaries Tuesday May 25th 75 positive cases of Covid confirmed in North Eircom crews are working to restore a phone services to as many as 50 customers following the theft of cabling in the Kincasslagh area at the weekend.200 metres of cabling was taken on Saturday night.Its only the latest in a series of similar crimes in recent months.Joseph Gillespie of Eircom says it is clear those responsible do not consider the impact it has on the public and particularly the elderly:[podcast]http://www.highlandradio.com/wp-content/uploads/2013/11/joe530CABLE.mp3[/podcast] WhatsApp Gardai continue to investigate Kilmacrennan fire Pinterestlast_img read more

Unravelling The Landlord-Tenant Disputes In Times Of Covid-19

first_imgColumnsUnravelling The Landlord-Tenant Disputes In Times Of Covid-19 Anagh Mishra29 May 2020 7:53 PMShare This – xThe world seems to be beholding an aberrant situation, the effect whereof is not only glaringly visible in economic, political and organizational fronts but also had left a deep impact on our interpersonal and social relations. The economic impact of the COVID-19 pandemic in India has been quite disturbing. The World Bank and credit rating agencies have downgraded India’s growth for fiscal year 2021 with the lowest figures India has seen in three decades since India’s economic liberalization in the 1990s.Advertisement In the last two months, the Central Government has taken a catena of proactive steps to contain the spread of the novel Coronavirus- primary amongest them being the two months national lockdown, bringing all economic activities to a total halt- the malls and shopping complexes are shut and the chances of them opening up in the near future for public at large seems to be grim. Further in all the major metropolitan cities, wherein here is relatively major population of migrant workforce- the daunting question seems to be the payment of rents by the lessee in these times both in respect of commercial as ell as residential properties. Amidst the lockdown that first came into effect from March 24, a prominent question doing the rounds is whether tenants across the country would be exempt from paying rent for the duration.Advertisement This article is an attempt to iron out the creases in respect of applicability of the relevant laws and coming up with plausible solutions for the same, more so in light of the recent decision by the Hon’ble Supreme Court, refusing to entertain a Public Interest Litigation pertaining to non payment of rent by lawyers. The Au Courant Situation Vide memorandum dated 29.03.2020, The Ministry of Home Affairs, in exercise of the powers conferred under Section 10(2)(l) of the Disaster Management Act, 2005, had directed all State and the Union Territory Governments take appropriate actions and issue necessary orders, inter alia, for waiver of rent specifically for the working class for a period of one month, however the same was silent upon suspension/waiver of rental for commercial leases entered into by business. In light of the aforesaid, many state Governments like Maharashtra, Uttar Pradesh, Karnataka, Tamil Nadu and Delhi have issued circulars for deferment of rent for atleast three months, and the tenants not to be ousted from the leased premises for merely non payment of rent. Advertisement Advertisement However owing to lack of lucidity by the Government on the performance of obligations to pay lease rentals under commercial lease agreements, various retail outlets and business entities are on one hand straining with no sales and revenue and on the other hand they are being imputed with the ongoing rent cycles and employee payment obligations and thus vigorously imputing the most unobtrusive Force majeure clauses under their respective contracts.Advertisement Advertisement Advertisement The Legal Skeleton Any Lessee- lessor/ tenant landlord relationship is merely a contractual relationship based on consensus ad idem. This relationship is governed by the mutual promise given by landlord and the tenants, brought down in writing in form of a lease deed or a rent agreement. These agreements are squarely covered by various provisions of the Indian Contract Act, 1872 like all other agreements This Agreement/ Deed is largely governed by the various provisions of the Indian Contract Act, 1872, pertaining to offer, acceptance, consideration, breach and frustration of contract. It is within the absolute domain of the contracting parties to agree to all conceivable current and anticipated conditions and exclusions to the Agreement, which when arises, gives a remedy to abstain from performing any of the promises under the covenant. However, when a lease is duly executed, though the same is a contract under the Indian Contract Act, 1872, there is an inherent transfer of property therein, thus provisions of the Transfer of Property Act, 1881 shall come into play. It shall be germane at that instance to fathom what does the term “force majeure” actually means and further what constitutes a force majeure event. The Latin term ‘force majeure’ literally construes superior force, i.e. occurrence of an event which is outside the reasonable control of a party and which prevents that party from performing its obligations under a contract. It is a standard clause which invariably forms a part of more or less every agreement and there remains no iota of doubt that the force majeure clause cannot be implied under Indian law, it must be expressly provided for under the contract and ought to be agreed upon between parties and the benefit of the said solely depends upon the wording of the clause and the interpretation thereof. Another important aspect that ought to be kept in mind is that a force majeure event does not give a blanket protection is respect non-performance of an obligation under an agreement and doesn’t absolve the liabilities completely. Thus, it can be reasonably concluded that the force majeure event would not totally and absolutely exonerate the tenant of his liability to pay the rental, but the same is merely deferred. from his/her/its legal liability to pay the rent, it just suspends. Further, it shall be germane at this juncture to understand the interplay of Section 32 and Section 56 containing the force majeure and doctrine of frustration respectively. The Hon’ble Apex Court recently in the case of Energy Watchdog vs. CERC reported in (2017) 14 SCC 80 , after carefully examining all the major case laws on the subject had categorically ruled out the doctrine of frustration shall only come into play in absence of a force majeure clause in the agreement will find that the courts have consistently ruled that the concept of frustration of contract can only be called into help when there is no any force majeure clause in the contract and furthermore, the parties to a contract cannot be absolved from their obligations merely on account of the performance being arduous owing to unforeseen turn of events, the event should be such which would make the performance absolutely impossible. The Juxtaposition of The Indian Contract Act Vis-à-vis The Transfer Of Property Act Most of the lease deeds/rent agreements drafted are silent upon the force majeure clauses and thus it shall be clamant to envision situations upon the applicability of doctrine of frustration wherein the force majeure clause is absent in the lease deed. Section 56 of the Contract Act – “Contract to do an act which after the contract is made becomes impossible becomes void when the act becomes impossible”. Section 108 (e) of the Transfer of Property Act – “If by fire, tempest, or flood or violence of any army or of a mob or other irresistible force any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was let, the lease shall, at the option of the lessee, be void, etc.”. A bare perusal of the aforementioned provisions leave not an iota of doubt that Section 56 of the Indian Contract Act refers to impossibility of any act, whereas Section 108(e) of the Transfer of Property Act refers to the property being destroyed or being rendered permanently unfit for the purpose for which it was let clearly implying the ambit of the Contract Act is much wider than the Transfer of Property Act. The Hon’ble Apex Court way back in the year 1952, whilst ceased with a matter pertaining to contributions arising out of a mortgage deed under Section 43 of the Contract Act and Section 82 of the Transfer of Property Act, in the case of Kidar Lall Seal & Anr. Vs. Hari Lall Seal reported in 1952 AIR 47 held- “When there is a general law and a special law dealing with a particular matter, the special excludes the general.” In light of the aforesaid ratio propounded by the Hon’ble Apex Court, it can reasonably be concluded that since the Transfer of Property Act has a special provision pertaining to leases under Section 108(e), the general provision as enshrined under Section 56 of the Contract Act shall cease to apply. But, on a literal interpretation of the provisions of Section 108(e), the same seems to be ineffective in the current scenario of COVID-19 as neither the leased premises has been destroyed nor been rendered unfit for the purposes of occupation. In such precarious conditions, though the rights of the lessee in the demised property continues but only for a certain period the lessee is prevented from deriving substantial benefits out of the lease due to the circumstances beyond the control of anybody. Furthermore, the lessee in such a situation cannot continue to hold on to the premises or say that the lease continues but he will not pay the rent. Unraveling the Plausible Solutions On an analysis of the present factual situation and established legal position, the probable solution to the impending disputes, seems to lie with the parties themselves, who need to be more realistic and understanding to the emerging to these issues seems to lie with the parties themselves and with the executive and fairly not with the judiciary. The need of the hour for the parties (landlords/lessors & the tenants/ lessees) is to become realistic and to look at the present and transpiring future scenario practically, particularly the costs and court fees involved in litigation and the workload on the courts post resumption of work. Another relevant point of consideration seems to be the recession that ought to be following this pandemic, wherein all the economic activities have been bough to an halt and the work from home culture is the new normal, the need for residential and commercial office spaces in all probabilities shall go down, thus leaving bleak chances for the landlords to search for new tenants on the current amount of lease rental. The factum that if in the present situations, the lessee vacates a premises, the possibility of the premises lying vacant for a long duration, resulting in loss of rental, cannot be negated. Considering the factum that a tenant does not have any right to seek waiver or moratorium of lease rentals in the absence of an explicit Force Majeure clause, entailing the current pandemic situation entailing waiver of rentals, the only option seems to be to the tenants preferring notices to the landlords seeking waiver or deferment of payments owing to the pandemic and closure of all economic activities and the lessor ought to keep a benevolent approach keeping in mind the aforementioned considerations. Any unilateral resolution to refrain from paying rents would indeed be breach of the agreement, resulting into termination and consequential liability for damages. Thus, accordant planned decisions amongst the parties seems to be the only way out, unless the Government issues a notification deferring rental payments in the near future. It can thus reasonably be concluded that the best suited solution seems to be amicable working out and negotiation of the lease rentals, and in cases of failure to reach an amicable solution to opt services of trained conciliators and mediators. It is best advised that rental for the period of operation of the pandemic be reduced as an interim measure for the next six months and reassess the situation post that, in such uncertain times. Furthermore, if the lessee/tenant has gone bankrupt or is facing extreme hardships in payment of rent, and is being continuously being harassed by the lessor, the option to Dial 100 on Police Helpline does subsist, certain State Governments have issued administrative directions to the effect that the tenants ought not to forcefully evicted during these challenging times. TagsCovid19 Civil Case Landlord-Tenant Agreement Contract Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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Hutchins Center announces 2015-16 Du Bois Fellows

first_imgHenry Louis Gates Jr., Alphonse Fletcher University Professor and director of the W. E. B. Du Bois Research Institute at the Hutchins Center for African & African American Research, has welcomed twenty-one fellows for the 2015-2016 academic year. “We are delighted to welcome one of our most distinguished  classes of W. E. B. Du Bois Research Institute Fellows,” says Gates. “The geography of early modern Atlantic militancy, hiphop in the American South, debt among the urban poor, living politics among South Africa’s urban poor, the circulation of the black body in the global art economy, art as excuse, a literary map of rap music, black-white collaborations in the move from rhythm and blues to soul and rock, and racial equity in education policy and practice are among the exciting projects which the 2015-2016 Class of Fellows will be pursuing at the W. E. B Du Bois Research Institute, housed in the Hutchins Center.”At the heart of the Hutchins Center for African & African American Research, the institute’s fellowship program accepts established and emerging scholars from both the humanities and social sciences and occasionally from fields such as engineering and the medical sciences. Fellows are participants in a range of activities including colloquia, public conferences, lectures, readings, and workshops. Read Full Storylast_img read more

Beautiful Tony Nominee Anika Larsen & Husband Welcome Baby Boy

first_img Star Files Anika Larsen Beautiful Tony nominee Anika Larsen and her husband Freddie Maxwell welcomed a baby boy earlier this month! Kie Larsen Maxwell was born on July 4.Larsen is currently on maternity leave from playing Cynthia Weil in Beautiful: The Carole King Musical on Broadway (Jessica Keenan Wynn has temporarily assumed the role). Her additional credits include Xanadu, All Shook Up, Avenue Q and Rent. Maxwell, a trumpet player, can be heard on certain tracks of Larsen’s lullaby album Sing You to Sleep. The two met on a blind date in February 2014.Back in January, Larsen told Broadway.com that she had a fellow musical theater superstar guide her through the process of carrying a Broadway baby: The King and I Tony winner Kelli O’Hara. “Kelli has insisted on being my buddy throughout this, and she’s been incredibly helpful about what to expect” (e.g. secret bonding with dressers and wardrobe alterations).Congratulations to Anika and Freddie, and welcome, little Kie! Now, can “Happy Days Are Here Again” be rewritten into a lullaby for a newborn?center_img View Commentslast_img read more

Britney Spears Circling West End’s Cinderella

first_img View Comments Britney Spears(Photo: Jason Merritt/Getty Images) Crazy?! Pop princess Britney Spears may be heading to the West End! The star is in talks to lead the London Palladium’s previously reported production of Cinderella this Christmas. According to the Daily Mirror, Spears could earn up to £500,000 ($725,000) for her work in the pantomime, which is scheduled to run December 9 through January 15, 2017. Michael Harrison and Andrew Wright will direct.Spears’ countless accolades include a Grammy Award, six MTV Video Music Awards, nine Billboard Music Awards and a star on the Hollywood Walk of Fame. Billboard has recognized her as the best-selling female artist of the 2000s; she has sold over 100 million albums worldwide and over 100 million singles. Spears currently has a residency at Las Vegas’ Planet Hollywood.The London Palladium was synonymous with lavish annual pantomimes from 1948-1987, and attracted some of the biggest stars of the day, including Julie Andrews, Sir Cliff Richard, Peter Sellers, Cilla Black and Ronnie Corbett, but the festive cornerstone has been absent for almost thirty festive seasons.Check out Spears’ track “Cinderella” below. Maybe this news should be less surprising, more “Oops!… I Did It Again.”last_img read more

Eskom, SABC to give ‘power bulletins’

first_img16 May 2013 Eskom has partnered with the SABC to give South Africans daily real-time information on the power system, the power utility said on Wednesday.“The new power bulletin initiative announced today aims to encourage South Africans to shift their energy usage during the peak demand period: every evening between 5pm and 9pm,” Eskom said in a statement.In terms of the agreement, the SABC will use all three of its television channels and 18 radio stations at various times to urge households to help reduce the electricity demand during peak hours.The bulletins will be aired especially in the mornings and afternoons, Eskom said.“The power bulletin will be flighted on television immediately after the news, starting with the 5.30pm news bulletin through [to] 7.30pm.”The announcements, which will follow the weather forecast format, will run for 60 seconds on all three television channels for five days a week until the end of the year.The radio announcements will be run three times a day – morning, midday and afternoon – and will also continue until December.“The power bulletin will not replace the power alert campaign that is currently running on eNCA, eTV, DStv, and the SABC television channels.”Eskom said South Africa experienced the highest demand for electricity during the winter months, particularly at night, when demand increased by more than 3 000 MW in one hour.This is equivalent to the output of a large power station and more than the total energy use of some neighbouring countries.“Taking four simple steps over the four hours of the peak period can reduce demand for energy during peak times.”These steps are: to switch off all geysers and pool pumps during peak hours; to switch off all non-essential lighting; to find alternatives to electrical heaters, such as dressing warmly or using gas heaters; and to respond to alert messages by switching off all appliances not in use.Eskom said it usually performed most of its planned maintenance in the summer months. However, this winter would be different.“Eskom will for the first time plan to do extensive, long duration maintenance work to improve the reliability and performance of its power stations.”This meant the power system would be constrained in the next few months.“The proposed planned maintenance over the winter period is considered fixed, and must be implemented,” said Eskom CEO Brian Dames.“We therefore urge all customers to partner with us to save electricity. This will ensure that adequate space is created for the planned maintenance, while ensuring there is sufficient operating reserve.”“The electricity supply system continues to be constrained, but we have put comprehensive plans in place to manage this,” said Public Enterprises Minister Malusi Gigaba.“As we approach the winter and make South Africans participate in monitoring their own personal impact, Eskom and the SABC have collaborated to create an exciting initiative to educate and inform consumers about the country’s electricity status,” he said.Sapalast_img read more

Shop Geocaching for the Holidays

first_img SharePrint RelatedGive the gift of geocachingNovember 28, 2016In “News”3 Tips for New Geocachers – Geocaching.com Weekly NewsletterSeptember 12, 2012In “Groundspeak’s Weekly Newsletter”Holiday Geocaching Gift GuideNovember 21, 2012In “Groundspeak’s Weekly Newsletter” This holiday season one Geocaching gift will smile back at you as it travels the world, heck it might even wave. It’s the poseable and adorable trackable LEGO™ geocacher. Each LEGO™ geocaching adventurer features the Geocaching logo and a unique tracking code.Launch the geocaching game piece on a mission to explore as it bounces from geocache to geocache and track the entire journey on Geocaching.com. It might even be tempted to take a trip the most favorited geocache in Germany, near  LEGOLAND® Berlin.The trackable LEGO™ geocacher is one of dozens of holiday gift ideas available for U.S. orders through Shop Geocaching and orders outside through U.S. through our International Retailers.Happy Holidays from all of us at Geocaching HQ.Share with your Friends:Morelast_img read more

Report Paterno Top Penn State Officials Protected Sandusky

A team led by former federal judge and FBI director Louis Freeh released a report today concluding that leaders at Penn State, including the late legendary football coach Joe Paterno, displayed “total disregard” for the children victimized by assistant coach Sandusky in order to prevent bad publicity in Happy Valley.“Our most saddening and sobering finding is the total disregard for the safety and welfare of Sandusky’s child victims by the most senior leaders at Penn State,” Freeh said at this morning’s press conference. “The most powerful men at Penn State failed to take any steps for 14 years to protect the children who Sandusky victimized.”According to Freeh, the senior officials in question “never demonstrated, through actions or words, a concern for the safety and well-being of Sandusky’s victims until after Sandusky’s arrest.”The report includes several email conversations between deceased former head coach Joe Paterno, athletic director Tim Curley, now retired university vice president Gary Schultz, and university president Graham Spanier.The Paterno family released a statement on Tuesday seeking to refute claims that Paterno helped shield his longtime friend from the consequences of his actions. “Joe Paterno did not know that Jerry Sandusky was a pedophile,” the family statement said. “Joe Paterno did not act in any way to prevent a proper investigation of Jerry Sandusky.”The report by Freeh says otherwise.“Although concern to treat the child abuser humanely was expressly stated, no such sentiments were ever expressed by them for Sandusky’s victims,” the report says.In 2001 Mike McQueary, a graduate assistant at the time, notified Paterno that he saw Sandusky with a teenage boy engaged in what appeared to be anal sex. Paterno then proceeded to alert Curley and Schultz, who decided not to alert law enforcement or child welfare authorities, as they were required by law to do.Both Curley and Schultz are awaiting trial on charges they lied to a grand jury that was investigating Sandusky as well as the aforementioned failure to report what McQueary told them.The report concluded “in order to avoid consequences of bad publicity, Curley, Paterno, Schultz and Spanier repeatedly concealed critical facts related to Sandusky’s child abuse from the authorities.” read more