Back to Press Releases Director of Administration & Finance Atlanta, GA Director of Music Morristown, NJ Trinity Church Wall StreetPosted Apr 7, 2020 Assistant/Associate Rector Morristown, NJ Priest Associate or Director of Adult Ministries Greenville, SC 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 Smithfield, NC 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 Martinsville, VA Bishop Diocesan Springfield, IL Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET 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 Rector Knoxville, TN Submit a Press Release Health & Healthcare This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Associate Rector Columbus, GA Rector Tampa, FL Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Course Director Jerusalem, Israel Family Ministry Coordinator Baton Rouge, LA Associate Rector for Family Ministries Anchorage, AK Priest-in-Charge Lebanon, OH Rector Washington, DC Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Trinity Church Wall Street Provides $2.425 Million to Assist Vulnerable New Yorkers During COVID-19 Crisis Funding Supports Emergency Grants to Nonprofits and Loans Administered by Nonprofit Finance Fund An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Featured Jobs & Calls Featured Events Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Curate (Associate & Priest-in-Charge) Traverse City, MI Cathedral Dean Boise, ID New Berrigan Book With Episcopal Roots Cascade Books Submit an Event Listing Curate Diocese of Nebraska Rector/Priest in Charge (PT) Lisbon, ME Rector (FT or PT) Indian River, MI Canon for Family Ministry Jackson, MS Rector Albany, NY Rector Pittsburgh, PA Missioner for Disaster Resilience Sacramento, CA Tags Trinity Church Wall Street announced today that it is providing $2.425 million to local nonprofits and Nonprofit Finance Fund to help vulnerable New Yorkers during the COVID-19 crisis.Trinity has given $25,000 grants to 17 nonprofit organizations that focus on helping those who are homeless and those involved in the criminal justice system, in particular by advocating for the release of vulnerable people in prison and jails and providing housing and other supports for those who are being released. In addition, the funding will help with the provision of direct services, such as basic cleaning supplies, and digital access for caseworkers and homeless schoolchildren. All 17 organizations are current Trinity grantees, with a history of strong partnership and positive outcomes for those in need.“Trinity is focusing our support on New Yorkers with some of the greatest needs at the moment—the homeless and formerly incarcerated, who are often overlooked during times of crisis but suffer the most,” said the Rev. Phillip A. Jackson, Priest-in-Charge and Vicar of Trinity Church Wall Street. “COVID-19 is further magnifying the inequities in our city and only strengthens our calling and commitment to end the cycles of mass homelessness and mass incarceration.”Trinity’s Chief Philanthropy Officer, Neill Coleman, said, “This is a rapidly moving crisis and time is of the essence. It was important to us to be able to provide grants, and support loans, through an expedited approval process so these organizations can provide service without interruption, and our most vulnerable neighbors can receive the support they need.”The organizations that received Trinity grants are:• African Communities Together• Bowery Residents Committee• Chinese-American Planning Council, Inc.• Coalition for the Homeless, Inc.• Exodus Transitional Community, Inc.• Girls for Gender Equity Inc.• Housing Plus Solutions, Inc.• Local Initiatives Support Corp. (LISC)• Neighbors Together Corp.• Osborne Association• Research Foundation of the City University of New York (Prisoner Reentry Institute)• Robert Daniel Jones Refugee Shelter (St. Mary’s Manhattanville Episcopal Church)• The Fortune Society• Urban Pathways• Voices of Community Activists & Leaders• Women in Need, Inc.• Women’s Prison Association & Home Inc.As part of its support, Trinity is contributing a $2 million program-related investment (PRI) to nonprofit lender and consultant Nonprofit Finance Fund (NFF) to support its work in administering loans through the NYC COVID-19 Response & Impact Fund. The $75 million NYC COVID-19 Response & Impact Fund, launched on March 20 through a partnership of leading philanthropic organizations, is providing grants and loans to New York City nonprofit organizations working in the human services and arts sectors to ensure continuity in operations for those providing critical services to New Yorkers in need.Trinity’s investment will support the loan component of the initiative, which is being operated by NFF. The PRI will provide assistance primarily to nonprofit organizations that serve populations affected by the legacy of racism and those caught in the cycle of mass incarceration and homelessness.“Through a combination of grants, to address urgent needs like food and cleaning supplies, as well as loans, to help organizations maintain their basic operations, we want to help the most vulnerable access shelter, safety, and dignity,” Coleman said.About Trinity Church Wall StreetNow in its fourth century, Trinity Church Wall Street is a growing and inclusive Episcopal parish of more than 1,200 members that seeks to serve and heal the world by building neighborhoods that live Gospel truths, generations of faithful leaders, and sustainable communities. The parish is guided by its core values: faith, integrity, inclusiveness, compassion, social justice, and stewardship. Members come from the five boroughs of New York City and surrounding areas to form a racially, ethnically, and economically diverse congregation. More than 20 worship services are offered every week at its historic sanctuaries, Trinity Church and St. Paul’s Chapel, the cornerstones of the parish’s community life, worship, and mission, and online at trinitywallstreet.org. The parish welcomes approximately 2.5 million visitors per year. In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Rector Shreveport, LA Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Youth Minister Lorton, VA Rector Belleville, IL Assistant/Associate Rector Washington, DC Submit a Job Listing Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Rector Bath, NC Assistant/Associate Priest Scottsdale, AZ Associate Priest for Pastoral Care New York, NY Rector Hopkinsville, KY The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group COVID-19, Rector Collierville, TN Press Release Service Rector and Chaplain Eugene, OR
Architects: Kube Architecture Year Completion year of this architecture project Photographs 2009 United States CopyAbout this officeKube ArchitectureOfficeFollowProductsWoodConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesGreat FallsHousesUnited StatesPublished on November 02, 2012Cite: “Forest House / Kube Architecture” 02 Nov 2012. ArchDaily. Accessed 11 Jun 2021.
Nearly 500 militant USW 8751 Boston School Bus drivers and supporters took the struggle against Veolia/City union busting to the streets surrounding the Freeport bus yard and Veolia Corporate Headquarters chanting “No contract! No work! And Veolia, We say no, union busting has got to go!”The union shifted their eight-month-long fight into high gear demanding the rehiring of the four illegally fired leaders, a just new contract and joining with the community of Boston to say “No!” to the city’s racist austerity cutbacks and resegregation plan. The protesters rallied all evening then marched to Veolia HQ for another rally.The demonstrators then took to the streets again culminating in a march/occupation through the bus yard converging on the Freeport driver facility for an impromptu “union membership briefing,” asserting in action the drivers’ contract right to “access to the property.”The company’s illegal efforts to stop the meeting by calling in the police proved ineffective in deterring the union. Solidarity Day III demonstrated once again that USW 8751 is prepared to fight on until victory!WW photos: G. Dunkel, Liz GreenFacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
Local community protests the shooting of Walter Scott, North Charleston City Hall, April 8, 2015.After more than a year and a half of waiting, the family of Walter L. Scott sees some semblance of justice. In an all-too-familiar script, Scott, an unarmed Black man, was shot multiple times from behind by white police officer Michael Slager during a traffic stop in 2015. In a court decision almost unheard of in recent cases, Slager was sentenced to 20 years in prison on Dec. 7 in a Federal District Court in Charleston, S.C.Walter Scott’s youngest brother, Rodney Scott, said: “Hopefully, it sets the platform for the future. I hope that other families that are still trying to get justice will get justice.” (postandcurrier.com, Dec. 7)The Scott case has become a beacon of hope in the seemingly hopeless task of seeking adequate accountability for police killings of U.S. residents.The sentence, while less than South Carolina’s minimum 30-year sentence for second degree murder, demonstrates the impact of the efforts made by community organizers in Charleston.Rodney Scott and two other close relatives of Walter Scott, Marion Green and James Gibbs, are members of the International Longshoremen’s Association Local 1422. The ILA local issued a statement in April 2015 regarding the killing. President Kenneth Riley said: “Local 1422 recognizes that we have a social responsibility to our community and we take that responsibility very seriously. That is why Leonard Riley Jr. took the lead and arranged the organizational meeting for the protest at the North Charleston City Hall.” Activists in the community responded quickly and effectively — informed by their longstanding involvement in struggle.This long history of grassroots organizing and union struggles must not be overlooked in Charleston. In 2000, just 15 years before Scott was murdered, the Black-led ILA local and other labor organizations took up the case of the Charleston Five, a group of longshore workers arrested and charged with felony counts of conspiring to start a riot.In that case, charges stemmed from picketing the Nordana shipping line’s use of nonunion workers after a 23-year history of employing only union workers. Police attacked the picketers, taunting and physically harassing the participants. Those in solidarity with the workers then urged organizers and union members to speak out against police brutality and harassment. The five workers were eventually acquitted of all charges — once again highlighting the power of communities.In the case of Walter Scott, union members and community leaders were quick to rally together in front of the North Charleston City Hall in 2015. This was shortly after murder charges were filed against Slager. The people were all too familiar with broken-taillight policing that pervaded their streets — where cops seized any small offense as an excuse to arrest Black people — and came together to speak out against this repetition of an execution without trial.With the power of Local 1422 and its history firmly rooted in the fight against police harassment, Charleston is an example that other areas can learn from to harness the clout of the workers’ struggle.In Scott’s case, a killer cop will see prison time. In too many other cases, there is no justice at all. Cops kill people with impunity and communities are left to pick up the pieces. More than just a superficial hashtag movement, victories like the one in this case should be recognized as powerful examples of what a people’s movement for justice can win.As this experience in Charleston showed, communities can come together to fight back and demand justice be served. Local 1422’s work is reflected in the sentencing of Scott’s killer. As President Riley promised in the 2015 union statement: “Local 1422 will continue to stand up and speak out against injustice in any form, whether it is racial profiling, racial discrimination or, as in this case, racial homicide.”From Charleston to Ferguson, MO., to New York to Durham, N.C., the people are standing up and speaking out — against police brutality, against racism, against white supremacy. And the people can win!FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
Facebook Twitter By Hoosier Ag Today – Aug 23, 2016 SHARE Previous articleBayer, Monsanto Merger Talks AdvancingNext articleNew Poll Shows Support for TPP Hoosier Ag Today The Department of Agriculture will begin allowing meat, poultry and egg producers to use labels such as “contains no GMO” or “derived from beef fed no GMO feed.” The guidance, announced last week, takes effect immediately and gives food makers information and examples on how to label products as non-GMO, known as a negative claim. USDA says the nationwide, voluntary GMO labeling law approved by Congress and signed by the President set rules for labeling products as GMO-free, allowing for the change. Previously, USDA only allowed the use of the phrases “GMO” and “genetically modified organism” on livestock or poultry labeling. The new law gives USDA two years to create and finalize rules implementing the law.Source: NAFB News Service USDA Allowing Meat, Egg Products with “No GMO” Label Facebook Twitter Home Indiana Agriculture News USDA Allowing Meat, Egg Products with “No GMO” Label SHARE
News May 13, 2021 Find out more BrazilAmericas Reports News Follow the news on Brazil Help by sharing this information BrazilAmericas Organisation Read an English translation of the bill April 15, 2021 Find out more News to go further Sign an online petition (in Portuguese) calling for more transparency in this billIconography by Nick Ellis RSF begins research into mechanisms for protecting journalists in Latin America April 27, 2021 Find out more Alarm after two journalists murdered in Brazil Reporters Without Borders is worried about the impact of a proposed law on cyber-crime, adopted by the Senate on july 9th 2008, that will be submitted to the Chamber of Deputies in the next few days. The press freedom organisation calls on deputies to clarify the bill’s wording so as to safeguard online free expression.The bill would punish 13 computer activities:1 – non-authorized access to an information device or automated system 2 – obtaining, transferring or providing of non-authorized data or information3 – disclosure or misuse of personal information and data4 – destroying, making unusable or degrading other people’s objects or electronic data5 – introducing and distributing viruses6 – severer sentencing for introducing or distributing of viruses followed by damage7 – electronic deception (phishing)8 – attack on security service or public utility9 – interruption or disruption of telephone, telegraph computer, or electronic services, communication device, computer networks or computer system10 – falsification of electronic public data and 11 – falsification of private electronic data (credit card and mobile phone cloning, for example)12 – discriminating against people regarding race or color disseminated through computer networks (amendment to the Afonso Arinos Law)13 – receiving or storing pictures with pedophile content (amendment to the Child and Adolescent Statute). “This bill is potentially dangerous for online free expression,” Reporters Without Borders said. “It reinforces surveillance of the Internet and provides for penalties of up to three years in prison without any precision as to how they should be applied. It is still loosely worded although amendments have been made in the three years since it was first introduced. We urge deputies to examine it closely, in order to clarify its content and ensure that online free expression is guaranteed.”Introduced by Eduardo Azeredo (PSDB-MG) in 2005, the bill is to go before the Chamber of Deputies for adoption of the latest amendments before being submitted to the full Chamber for a vote in the coming weeks.A senate press relations bureau release on 10 July said: “This law will not be applied to those who use the Internet correctly, including those who download music, talk on chat platforms, write their views on a blog, search for information or any other similar activity. A good Internet user will not be punished. Only the growing security that we are developing as regards technology use will change Internet usage.”Reporters Without Borders calls on deputies to define the “correct” way to use the Internet and the methods that will be used to establish “growing security” online.Under articles 285-A and B, anyone “accessing a computer network, communication device or informatics system by means of a breach of security” or “obtaining or transferring protected dataor information without authorization or in breach of the authorization of the legitimate holder of computer networks, communication devices or informatics systems” could get one to three years in prison. “What is meant by ‘data’ in this bill?” Reporters Without Borders asked. “Does an email address count as data? Does an online post count as data? What happens to an Internet user who unwittingly transmits a virus? The possibility of being imprisoned for ‘transferring’ data would have a dramatic impact on online free expression.”The organisation added: “We understand that legislators want to combat online paedophilia and piracy but we urged them to clearly define the punishable offences so that Internet users can be aware of the legal limits to what they do.”Article 22 of Chapter V concerning “crimes performed against or through a computer network, communication device or informatics system,” says ISPs must “confidentially inform the competent authority about received complaints containing evidence of the perpetration of a crime” on the Internet. Reporters Without Borders urges deputies to clarify what ISPs must tell the “competent authority” and what powers this authority has. July 23, 2008 – Updated on January 20, 2016 Legislators urged to oppose cyber-crime bill likely to threaten online free expression 2011-2020: A study of journalist murders in Latin America confirms the importance of strengthening protection policies Receive email alerts RSF_en
Top Stories[Breaking] Karnataka HC Directs Govt To Reconsider Decision To Conduct Common Entrance Test(CET) Amid Rising COVID-19 Cases Mustafa Plumber28 July 2020 12:54 AMShare This – xThe State has been asked to place the decision before the court tomorrow at 2.30 PM.The Karnataka High Court on Tuesday directed the State Government to reconsider the decision to hold Karnataka Common Entrance Test(KCET) amid the rising cases of COVID-19 in the state.The KCET was proposed to be held on July 30 and 31, as per a notification issued by the government on May 13.Taking note of the concerns raised by the petitioners, who challenged the government decision, a…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 Karnataka High Court on Tuesday directed the State Government to reconsider the decision to hold Karnataka Common Entrance Test(KCET) amid the rising cases of COVID-19 in the state.The KCET was proposed to be held on July 30 and 31, as per a notification issued by the government on May 13.Taking note of the concerns raised by the petitioners, who challenged the government decision, a division bench headed by Chief Justice Abhay Sreenivas Oka observed :”During the last two weeks, every day around 5,000 positive cases are detected in the state and around 1500 cases were reported daily from Bengaluru. There are more than 5000 containment zones in Bengaluru. The SOP of government says that no one is allowed to leave Containment Zones. Moreover, Public transport will not be available too. There is a possibility of students missing out on the exam”.In the light of these factors, the bench directed the State to reconsider the question of holding the CET. The state must place its decision on record before the Court tomorrow at 2.30 pm.”We are sure that the state will take into consideration several aspects and some students missing the exams due to prevailing conditions”, the bench observed.The Court passed the order in three writ petitions challenging the decision to hold CET exams.The writ petitions were filed by: 1) Group of Students and NSUI 2) Adv Pradeep 3) Adv Abdullah Mannan Khan.While the bench observed that the petitions approached the Court late, at the ’11th hour’, to challenge the decision taken in May, it passed the order taking note of the drastic situation caused by the pandemic.”The situation has drastically changed after May 13″, the Court said.The Court asked Additional Advocate General, Dhyan Chinnappa, “how the exams could be held in containment zones?”.The AAG submitted that the State has held SSLC exams, and that a Standard Operating Procedure in place.The bench, however, highlighted the drastic rise in COVID-19 cases and urged the State to reconsider the decision.The petitioners submitted that conducting the exams under “such dreadful conditions” was arbitrary and risky to the health and safety of students, leading to violation of fundamental rights under Article 14 and 21 of the Constitution.The petitioners also highlighted that students in containment zones will face difficulties in attending the examination, resulting in denial of equal opportunities to the student community, which is a violation of the equality clause under Article 14 of the Constitution. Next Story
Top StoriesSupreme Court Upholds Sections 3, 4 & 10 Of IBC Amendment Act 2020 LIVELAW NEWS NETWORK19 Jan 2021 3:44 AMShare This – xThe Supreme Court on Tuesday upheld the constitutional validity of Sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment) Act 2020.A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph had considered the petitions. Justice KM Joseph authored the judgment delivered in Manish Kumar v Union of India and others and connected cases.While upholding the amendments, the…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 on Tuesday upheld the constitutional validity of Sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment) Act 2020.A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph had considered the petitions. Justice KM Joseph authored the judgment delivered in Manish Kumar v Union of India and others and connected cases.While upholding the amendments, the court provided the following reliefs exercising powers under Article 142 of the Constitution :(1)If any of the petitioners move applications in respect of the same default, as alleged in their applications, within a period of two months from today, also compliant with either the first or the second proviso under Section 7(1), as the case may be, then, they will be exempted from the requirement of payment of court fees(2)Secondly, we direct that if applications are moved under Section 7 by the petitioners, within a period of two months from today, in compliance with either of the provisos, as the case may be, and the application would be barred under Article 137 of the Limitation Act, on the default alleged in the applications,which were already filed, if the petitioner file applications under Section 5 of the Limitation Act, 1963, the period of time spent before the Adjudicating Authority, the Adjudicating Authority shall allow the applications and the period of delay shall be condoned in regard to the period,during which,the earlier applications filed by them, which is the subject matter of the third proviso, was pending before the Adjudicating Authority.(3) We make it clear that the time limit of two months is fixed only for conferring the benefits of exemption from court feesand for condonation of the delay caused by the applications pending before the Adjudicating Authority.In other words, it is always open to the petitioners to file applications, even after the period of two months and seek the benefit of condonation of delay under Section 5 of the Limitation Act, in regard to the period, during which, the applications were pending before the Adjudicating Authority, which were filed under the unamended Section 7,as also thereafterSection 3 of the IBC(Amendment) 2020 inserted certain additional conditions for homebuyers to initiate insolvency proceedings against defaulting builders. The said provision, adds certain provisos to Section 7 of the Insolvency and Bankruptcy Code (IBC) to state there should be at least one hundred real estate allottees or ten percentage of the total number of allottees, which ever is lesser, to maintain an insolvency petition in respect of a real estate project. The amendment also stated that the application of Section 3 of the amendment Act shall be retrospective, affecting pending applications.The petitioners challenged the additional conditions imposed on homebuyers as ‘arbitrary and discriminatory’ amounting to ‘illegal classification’.They made reference to the SC decision in Pioneer Urban Land and Infrastructure case, which upheld the right of a homebuyer to move insolvency petition against a defaulting builder.The Court had passed an interim order directing status quo on the pending applications filed by homebuyers against builders.Highlighting the practical difficulties in homebuyers coming together to file joint application, one of the petitions said :”the effect of the Impugned Act is that in cases wherein the Corporate Debtor has availed loans only from individuals, till the time the Creditors do not prefer an Application jointly against the Corporate Debtors, the management of the defaulting company continues to be in control, even after repeated defaults, which is completely contrary to the object of the IBC.Section 4 of the Amendment Act 2020 inserted the following explanation to Section 11 :Explanation II.-For the purposes of this section, it is hereby clarified that nothing in this section shall prevent a corporate debtor referred to in clauses (a) to (d) from initiating corporate insolvency resolution process against another corporate debtor.”The petitions also challenged Section 10 of the Act which inserted Section 32A in the IBC, whereby the liability of a Corporate Debtor, will cease to exist on the date a Resolution Plan is approved and new management takes over the Corporate Debtor.This, according to the petitioners, leaves the individual creditor without remedies.While rejecting the arguments, the Supreme Court held “we cannot also lose sight of the fact that the Legislature has power to impair and take away vested rights”.Imposing threshold on homebuyers application upheldWhile upholding Section 3 of the IBC Amendment Act 2020, which introduced the threshold limit for homebuyers application for insolvency, the SC observed :”Insisting on a threshold in regard to these categories of creditors would lead to the halt to indiscriminate litigation which would result in an uncontrollable docket explosion as far as the authorities which work the Code are concerned. The debtor who is apparently stressed is relieved of the last straw on the camel’s back, as it were, by halting individual creditors whose views are not shared even by a reasonable number of its peers rushing in with applications. Again, as in the case of the allottees, this is not a situation where while treating them as financial creditors they are totally deprived of the right to apply under Section 7 as part of the legislative scheme. The legislative policy reflects an attempt at shielding the corporate debtor from what it considers would be either for frivolous or avoidable applications. What we mean by avoidable applications is a decision which would not be taken by similarly placed creditors keeping in mind the consequences that would ensue not only in regard to persons falling in the same category but also the generality of creditors and other stakeholders. All that the amendment is likely to ensure is that the filing of the application is preceded by a consensus at least by a minuscule percentage of similarly placed creditors that the time has come for undertaking a legal odyssey which is beset with perils for the applicants themselves apart from others. As far as the percentage of applicants contemplated under the proviso it is clear that it cannot be dubbed as an arbitrary or capricious figure. The legislature is not wanting in similar requirements under other laws. The provisions of the Companies Act, 2013 and its predecessors contained similar provisions. Allowing what is described as ‘lone Ranger’ applications beset with extremely serious ramifications which are at cross purposes with the objects of the code. This is apart from it in particular spelling avoidable doom for the interest of the creditors falling in the same categories. The object of speed in deciding CIRP proceedings would also be achieved by applying the threshold to debenture holders and security holders. The dividing line between wisdom or policy of the legislature and limitation placed by the Constitution must not be overlooked”(paragraph 220)”All that has happened is the Legislature in its wisdom has found that the greater good lies in conditioning an absolute right which existed in favour of an allottee by requirements which would ensure some certain element of consensus among the allottees. It must be remembered that the requirement is a mere one-tenth of the allottees. This is a number which goes to policy and lies exclusively within the wisdom of the Legislature. Hence, we have no hesitation in repelling the contentions in this regard”(paragraph 211)Read More on this aspect – Minimum Threshold For Homebuyers’ Insolvency Process Against Builder Shields Frivolous & Avoidable Applications : Supreme CourtExplanation II inserted to Section 11 upheldThe Court also upheld Section 4 of the Amendment Act 2020 which inserted Explanation II to Section 11 as a “clarificatory amendment”The judgment observed :”It could never had been the intention of the Legislature to create an obstacle in the path of the corporate debtor, in any of the circumstances contained in Section 11, from maximizing its assets by trying to recover the liabilities due to it from others. Not only does it go against the basic commonsense view but it would frustrate the very object of the Code, if a corporate debtor is prevented from invoking the provisions of the Code either by itself or through his resolution professional, who at later stage, may, don the mantle of its liquidator. The provisions of the impugned Explanation,thus,clearly amount to a clarificatory amendment.A clarificatory amendment, it is not even in dispute, is retrospective in nature.The Explanation merely makes the intention of the Legislature clear beyond the pale of doubt. The argument of the petitioners that the amendment came into force only on 28.12.2019 and, therefore, in respect to applications filed under Sections 7, 9 or 10, it will not have any bearing, cannot be accepted.The Explanation, in the facts of these cases, is clearly clarificatory in nature and it will certainly apply to all pending applications also”(para 243)Rejecting the challenge on the ground of arbitrariness under Article 14, the Court said :”We are unable to understand how it could be described as being arbitrary for the Legislature to clarify its intention through the device of an Explanation.”Section 32A UpheldSection 32A provides immunity to the corporate debtor and its property when there is approval of the resolution plan resulting in the change of management of control of corporate debtor. This is subject to the successful resolution applicant being not involved in the commission of the offence.The contentions of the petitioners were that this provision is constitutionally anathema as it confers an undeserved immunity for the property which would be acquired with the proceeds of a crime.The Court observed that the “provision is born out of experience”. The Code was enacted in the year 2016. In the course of its working, the experience it has produced, is that, resolution applicants are reticent in putting up a Resolution Plan, and even if it is forthcoming, it is not fair to the interest of the corporate debtor and the other stake holders – the court observed taking note of the stand of the Union of India.”We are of the clear view that no case whatsoever is made out to seek invalidation of Section 32A. The boundaries of this Court’s jurisdiction are clear. The wisdom of the legislation is not open to judicial review. Having regard to the object of the Code, the experience of the working of the code, the interests of all stakeholders including most importantly the imperative need to attract resolution applicants who would not shy away from offering reasonable and fair value as part of the resolution plan if the legislature thought that immunity be granted to the corporate debtor as also its property, it hardly furnishes a ground for this this Court to interfere. The provision is carefully thought out. It is not as if the wrongdoers are allowed to get away. They remain liable. The extinguishment of the criminal liability of the corporate debtor is apparently important to the new management to make a clean break with the past and start on a clean slate. We must also not overlook the principle that the impugned provision is part of an economic measure. The reverence courts justifiably hold such laws in cannot but be applicable in the instant case as well. The provision deals with reference to offences committed prior to the commencement of the CIRP. With the admission of the application the management of the corporate debtor passes into the hands of the Interim Resolution Professional and thereafter into the hands of the Resolution Professional subject undoubtedly to the control by the Committee of Creditors. As far as protection afforded to the property is concerned there is clearly a rationale behind it. Having regard to the object of the statute we hardly see any manifest arbitrariness in the provision”(paragraph 257)”It must be remembered that the immunity is premised on various conditions being fulfilled. There must be a resolution plan. It must be approved. There must be a change in the control of the corporate debtor. The new management cannot be the disguised avatar of the old management. It cannot even be the related party of the corporate debtor. The new management cannot be the subject matter of an investigation which has resulted in material showing abetment or conspiracy for the commission of the offence and the report or complaint filed thereto. These ingredients are also insisted upon for claiming exemption of the bar from actions against the property. Significantly every person who was associated with the corporate debtor in any manner and who was directly or indirectly involved in the commission of the offence in terms of the report submitted continues to be liable to be prosecuted and punished for the offence committed by the corporate debtor. The corporate debtor and its property in the context of the scheme of the code constitute a distinct subject matter justifying the special treatment accordedt o them. Creation of a criminal offence as also abolishing criminal liability must ordinarily be left to the judgement of the legislature. Erecting a bar against action against the property of the corporate debtor when viewed in the larger context of the objectives sought to be achieved at the forefront of which is maximisation of the value of the assets which again is to be achieved at the earliest point of time cannot become the subject of judicial veto on the ground of violation of Article 14″(Paragraph 258) Case DetailsCase Title : Manish Kumar v Union of India and others and connected casesCoram : Justices RF Nariman, Navin Sinha and KM JosephCitation : LL 2021 SC 25Click here to read/download the judgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
ABC News(NEW YORK) — A powerful storm that triggered nearly 150 reports of severe weather, including five tornadoes, Thursday has finally ended.The top reported snowfall from the storm was more than 18 inches in South Dakota, with the top wind speed reported at 103 mph in Pine Springs, Texas.The combination of rapid snow melt, warmer temperatures and rainfall caused significant flooding from Nebraska to Wisconsin on Thursday. Record flooding is occurring on the Platte River near Leshara and on the Missouri River nears Plattsmouth — both near Omaha, Nebraska.Downstream, the Missouri River is expected to rise through the weekend with major flooding heading for St. Joseph, Missouri, and Athcison, Kansas, by early next week. Record or near-record river flooding, exacerbated by ice jams and melting snow, is forecast to continue over the weekend and into next week throughout the region. River flooding has been reported near Green Bay, Wisconsin, and multiple flood alerts have been issued Friday morning in the Midwest.The center of the storm that brought a crippling blizzard to the Plains and powerful winds throughout the central U.S. is racing into northern Canada, where radar and satellite systems show it’s losing much of its power. All that’s left Friday morning are a few scattered thunderstorms along the eastern U.S. and a cold front approaching the East Coast.Ahead of the cold front, East Coast temperatures on Friday will be 10 to 20 degrees warmer than normal — into the 70s and 80s from the Carolinas to Georgia and into the 60s from Washington to Boston. When the cold front arrives on the East Coast later Friday, a few thunderstorms may develop, but none are expected to be serious. A few comparatively stronger storms, with gusty winds, could develop in Virginia or the Carolinas.Much cooler weather will trail the cold front along the East Coast.Throughout the U.S., following a few weeks of significant weather events, the weather should quiet down significantly. Outside of potential flooding in the Midwest, high-impact weather isn’t expected at least for a few days. Copyright © 2019, ABC Radio. All rights reserved.