Medtech Holdings Limited (MMDZ.zw) Q12020 Interim Report

Posted On Jul 12 2021 by

first_imgMedtech Holdings Limited (MMDZ.zw) listed on the Zimbabwe Stock Exchange under the Pharmaceuticals sector has released it’s 2020 interim results for the first quarter.For more information about Medtech Holdings Limited (MMDZ.zw) reports, abridged reports, interim earnings results and earnings presentations, visit the Medtech Holdings Limited (MMDZ.zw) company page on AfricanFinancials.Document: Medtech Holdings Limited (MMDZ.zw)  2020 interim results for the first quarter.Company ProfileMedTech Holdings is a manufacturing, retail, distribution and services company in Zimbabwe. The company operates in three market segments; fast-moving consumer goods, medical supplies and manufacturing of light industrial products. The FMCG division manufactures and markets personal care products, and the medical division produces pharmaceutical products for the wholesale distribution to retail pharmacies. It also supplies products for laboratories and services education and healthcare institutions. MedTech has retail outlets in Harare and Bulawayo, and a manufacturing plant the produces petroleum jelly and glycerin, health, beauty and personal hygiene products and over-the-counter pharmaceutical products for the local Zimbabwe market aswell as for export to Mozambique and Zambia through its subsidiary Baines Imaging Group. MedTech Holdings Limited is listed on the Zimbabwe Stock Exchangelast_img read more


2 cheap shares I’d buy in the latest FTSE 100 stock market rally

Posted On Jul 5 2021 by

first_img2 cheap shares I’d buy in the latest FTSE 100 stock market rally Click here to claim your copy now — and we’ll tell you the name of this Top US Share… free of charge! See all posts by Kirsteen Mackay Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee. US biotech firm Moderna’s breaking news about its Covid-19 vaccine with a 95% success rate has further boosted a stock market rally that was already gaining ground in November. The FTSE 100 has surpassed a five-month high and investors are going wild, snapping up cheap shares in the battered index.FTSE 100 stocks to buy and holdThe vaccine results come during phase 3 of its trial, hot on the heels of pharma giant Pfizer and its German biotech partner BioNTech’s news of a vaccine with a 90% success rate. Considering the flu vaccine is between 40% and 60% effective, while chickenpox and measles vaccines are greater than 90% effective, this is promising.5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…I love a buy-and-hold approach to stock market investing, bagging bargains at knock-down prices and keeping them for years to enjoy capital growth and dividend income. So, while the FTSE 100 is rallying and investors are rushing to grab cheap shares, I’d consider buying GlaxoSmithKline (LSE: GSK) and Glencore (LSE:GLEN).Cheap shares in focusGSK is an international pharmaceutical giant specialising in treatments for some of the planet’s most overwhelming health problems. These include vaccines against childhood illness and infectious diseases, or treatments for cancer, respiratory disease and HIV/AIDS. GSK is at the heart of a burgeoning industry where research and development is key to continued growth and breakthrough discoveries. Health and wellness have never been more important to society as populations live longer and want to be as fit and active as possible. This is where GSK’s strengths lie, and I believe this will be reflected in its future growth.It’s a world leader in research and its expertise should stand it in good stead in ongoing Covid-19 research. My colleague Alan Oscroft also rates the GSK share price with this reason in mind. Today, GSK has a price-to-earnings ratio (P/E) of around 15. This is not in the traditionally ‘cheap shares’ category, but in a market where peers are achieving a P/E of 109 (AstraZeneca) and 232 (Abcam), it looks cheap to me.Market rally gives energy stocks a boostMining giant Glencore has several facets to its business, one of which is marketing commodities. This marketing division has done particularly well recently. Commodities markets are cyclical and often subject to periods of boom and bust. The Glencore share price has been on a slippery slope since 2018, but lately it has risen again.Source: GlencoreI think Glencore looks to have strong recovery potential for the long term. It has a forward P/E of 12 but cancelled its dividend earlier this year to focus on reducing net debt. It hopes to reach its target net debt of less than $16bn by the end of the year. I imagine its share price will make a rapid recovery once it reinstates its dividend.The energy part of its business includes oil products, thermal coal, and natural gas. With energy prices being hard hit this year, I think it’s an area that will rebound swiftly once normality returns to international travel. Some of Glencore’s offerings are highly sought after in the manufacture of electric vehicles and renewable infrastructure. These desirable sectors have been building momentum, and that looks set to continue. GSK and Glencore are cheap shares I like the look of. I would consider adding both to a long-term portfolio of quality FTSE 100 stocks. Enter Your Email Address I’m sure you’ll agree that’s quite the statement from Motley Fool Co-Founder Tom Gardner.But since our US analyst team first recommended shares in this unique tech stock back in 2016, the value has soared.What’s more, we firmly believe there’s still plenty of upside in its future. In fact, even throughout the current coronavirus crisis, its performance has been beating Wall St expectations.And right now, we’re giving you a chance to discover exactly what has got our analysts all fired up about this niche industry phenomenon, in our FREE special report, A Top US Share From The Motley Fool. Kirsteen owns shares of GlaxoSmithKline. The Motley Fool UK has recommended Abcam and GlaxoSmithKline. Views expressed on the companies mentioned in this article are those of the writer and therefore may differ from the official recommendations we make in our subscription services such as Share Advisor, Hidden Winners and Pro. Here at The Motley Fool we believe that considering a diverse range of insights makes us better investors.center_img Image source: Getty Images. I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement. Simply click below to discover how you can take advantage of this. “This Stock Could Be Like Buying Amazon in 1997” Our 6 ‘Best Buys Now’ Shares Kirsteen Mackay | Tuesday, 17th November, 2020 | More on: GLEN GSK last_img read more


Don’t Drop the Egg prepare for the Marriot London Sevens

Posted On Jun 18 2021 by

first_imgFriday May 11, 2012 Don’t Drop the Egg prepare for the Marriot London Sevens The Don’t Drop the Egg boys are back, and this time we get to share in their preparations for this weekend’s Marriot London Sevens at Twickenham. They’ve released two videos, both of which are funny as ever and have been featured in a playlist above. If you don’t know much about #DDTE and have never watched any of their clips, have a look at the related posts below, and watch the very first one, entitled simply Don’t Drop the Egg.Tickets for the Marriott London Sevens at Twickenham Stadium on 12th & 13th May 2012 are on sale now via www.rfu.com/londonsevens. Weekend passes start at £30, day tickets from £18 and kids tickets just £5 each day. (Tickets are subject to availability and booking fees apply).ADVERTISEMENT Posted By: rugbydump Share Send Thanks Sorry there has been an error Funnies Related Articles 29 WEEKS AGO WATCH: American reacts to brilliant Nigel… 29 WEEKS AGO Video of John Kirwan apologising while wearing… 29 WEEKS AGO Simon Zebo reveals how ‘absolute lunatic’… From the WebThis Video Will Soon Be Banned. Watch Before It’s DeletedSecrets RevealedDoctors Stunned: She Removes Her Wrinkles With This Inexpensive TipSmart Life ReportsIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingYou Won’t Believe What the World’s Most Beautiful Girl Looks Like TodayNueeyHere’s What That Tiny Hole Next to Your Iphone Camera Actually DoesNueey10 Types of Women You Should Never MarryNueeyThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancellast_img read more


MOH / aat + makoto yokomizo architects

Posted On Jun 17 2021 by

first_img 2013 Save this picture!Courtesy of aat + makoto yokomizo architects+ 20 Share MOH / aat + makoto yokomizo architects ArchDaily Photographs CopyHouses•Minamiashigara, Japan Houses ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/371328/moh-aat-makoto-yokomizo-architects Clipboard “COPY” Projects Year:  “COPY” 2013 ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/371328/moh-aat-makoto-yokomizo-architects Clipboard Area:  128 m² Area:  128 m² Year Completion year of this architecture project Japan Photographs:  Courtesy of aat + makoto yokomizo architectsSave this picture!Courtesy of aat + makoto yokomizo architectsRecommended ProductsMetallicsStudcoWall Stop Ends – EzyCapWoodLunawoodThermo Timber and Industrial ThermowoodFiber Cements / CementsULMA Architectural SolutionsPaper Facade Panel in Leioa School RestorationFiber Cements / CementsSwisspearlSwisspearl Largo Fiber Cement PanelsText description provided by the architects. The site is located in the steep range of hills of the western part in Kanagawa Prefecture. A residential section including this site was developed and sold in lots in the 1970s. Such a flat site is rare in this residential section. As a result of piling up the daily life image of the client considered and drawn on the value, I made a judgment to make a 1 story building.Save this picture!Courtesy of aat + makoto yokomizo architectsThe family of the client is one husband-and-wife + child. They refrained their apartment life in the city area at the foot of the hills, and searched for a rich green environment for a new house. The Mind Map presented by the client was full of pleasure and joy to live near the ground under the sun light.Save this picture!Courtesy of aat + makoto yokomizo architectsThis site is land which had turned into a vacant lot after the sale in lots with nothing yet built. Trees which bear flowers and fruits, such as a cherry tree which the former owner planted in the corner of the site, a plum, a chestnut, and a persimmon, were growing tall. I tried to simultaneously design the yard which harnessed those trees and the layout plan of this house. As a result, it became a plan of a modification cross.Save this picture!Floor PlanThe client wants to connect the indoors and the outdoors and has a desire to take a dining table outdoors and have a meal. Therefore, about the half of the internal floors, such as a kitchen, a dining room, and an atelier, became a concrete earthen floor. The roof frame has made the loose curved surface by delicately changing the height of level small beams.Project gallerySee allShow lessHostel in Kyonan / Yasutaka Yoshimura ArchitectsSelected ProjectsFarm Building Renovation / Loïc Picquet ArchitecteSelected Projects Share MOH / aat + makoto yokomizo architectsSave this projectSaveMOH / aat + makoto yokomizo architects Architects: aat + makoto yokomizo architects Area Area of this architecture project Year:  CopyAbout this officeaat + makoto yokomizo architectsOfficeFollowProductWood#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesMinamiashigaraHousesJapanPublished on May 11, 2013Cite: “MOH / aat + makoto yokomizo architects” 11 May 2013. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogSinkshansgroheBathroom Mixers – MetrisVinyl Walls3MVinyl Finish – DI-NOC™ EffectPartitionsSkyfoldIntegrating Operable Walls in a SpaceBricksEndicottBrick Facade at the Bruce Nesbitt African American Cultural CenterBathroom FurnitureBradley Corporation USAToilet Partition CubiclesSkylightsLAMILUXGlass Skylight F100 CircularLightsLouis PoulsenOutdoor Lighting – Flindt GardenRailing / BalustradesSolarluxBalcony Glazing – SL 60eUrban ShadingPunto DesignPublic Architecture in Residential ComplexDoorsLinvisibileLinvisibile Products in Palazzo VolpiChairshorgenglarusUpholstered Chair – diva 5-154Wall / Ceiling LightsHE WilliamsLED Downlight – 4DR RoundMore products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my streamlast_img read more


GroupTrade mimics charity newspaper adverts

Posted On Jun 16 2021 by

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. Howard Lake | 29 August 2000 | News It is somewhat in bad taste, but amusing nonetheless – a non-PC PC ad perhaps, “No PCs were harmed during the creation of this advertisement” reads the small print.The strapline for Grouptrade.com, which says it can save businesses up to a third on purchasing costs, is “please make as much as you possibly can.” The advert appears on the inside back cover of Revolution magazine. GroupTrade mimics charity newspaper adverts B2B portal GroupTrade.com is promoting itself in new media magazines with an amusing ad that explicitly mimics the full-page newspaper ads of charities such as Amnesty and Barnardos. It is headed “an urgent appeal to the Web community” and is headlined “Act now and save thousands.”B2B portal GroupTrade.com is promoting itself in new media magazines with an amusing ad that explicitly mimics the full-page newspaper ads of charities such as Amnesty and Barnardos. It is headed “an urgent appeal to the Web community” and is headlined “Act now and save thousands.”“It is not every day we get the chance to use the Internet for something truly worthwhile,” reads the ad with a stark black and white photo as a background, depicting a PC living rough on the streets. Advertisement AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis  22 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis read more


RSF asks Morocco to end all reporting restrictions in Western Sahara

Posted On Jun 12 2021 by

first_img Morocco / Western SaharaMiddle East – North Africa Condemning abusesProtecting journalistsMedia independenceInternational bodies Conflicts of interestJudicial harassmentArmed conflictsImpunityPredatorsViolenceFreedom of expressionUnited NationsCitizen-journalists Hunger strike is last resort for some imprisoned Moroccan journalists Follow the news on Morocco / Western Sahara Organisation to go further RSF_en Reporters Without Borders (RSF) calls on the Moroccan authorities to stop violating the rights of Sahrawi and foreign journalists to cover developments in Western Sahara. April 15, 2021 Find out more June 8, 2021 Find out more News RSF joins Middle East and North Africa coalition to combat digital surveillance Help by sharing this information News By detaining reporters during demonstrations, putting Sahrawi citizen journalists on trial and deporting foreign journalists, the Moroccan authorities make life impossible for media personnel and maintain an arbitrary control over reporting in this territory. Morocco currently controls more than 80% of Western Sahara, which is regarded by the United Nations as a non-self-governing territory. The UN Mission for the Referendum in Western Sahara (MINURSO) is supposed one day to organize a referendum in which the territory’s inhabitants would determine its future status. Meanwhile it continues to monitor the 1991 ceasefire between Morocco and the Polisario Front. “What residents say when interviewed is damning for the Moroccan authorities,” said Yasmine Kacha, the head of RSF’s North Africa desk. “How much longer will these restrictions on reporting freedom be maintained? It is urgent and necessary that journalists should be free to report what is happening in this extremely tense territory and, in particular, to shed light on human rights violations, which MINURSO is not allowed to monitor.” One of the latest media freedom violations was the deportation of French freelance journalist Camille Lavoix on 23 October from the Western Saharan city of Dakhla, where she had been reporting for M le magazine (published by Le Monde). While she was detained, her SIM card and email accounts were suspended. She was the fifth foreign journalist to have been deported by Morocco since the start of the year. Said Amidan and, Brahim Laajail two citizen journalists who report for Equipe Média Sahara, were arrested in the southern Moroccan city of Guelmim on 30 September and were held for three days. Charged with “attacking public official,” they think the real reason for their arrest was the fact they had been accompanying Spanish activists who had come to investigate the humanitarian situation in Western Sahara The charge is punishable by up to a year in prison and a fine of 5,000 dirhams (460 euros). They appeared in court in Guelmim on 1 November, when their trial was adjourned until 15 January. RASD-TV reporter Nazha Elkhaledi was arrested on 21 August while covering a demonstration by Sahrawi women in Foum El Ouad, a town near the Western Saharan city of Laayoune. Other reporting bans, especially during demonstrations, have been reported to RSF. Morocco is ranked 131art out of 180 countries in RSF’s 2016 World Press Freedom Index. News News NSO Group hasn’t kept its promises on human rights, RSF and other NGOs say April 28, 2021 Find out more November 4, 2016 RSF asks Morocco to end all reporting restrictions in Western Sahara Receive email alerts Morocco / Western SaharaMiddle East – North Africa Condemning abusesProtecting journalistsMedia independenceInternational bodies Conflicts of interestJudicial harassmentArmed conflictsImpunityPredatorsViolenceFreedom of expressionUnited NationsCitizen-journalists last_img read more


CFPB to Amend Equal Credit Opportunity Act

Posted On May 31 2021 by

first_img in Daily Dose, Featured, Government, News Governmental Measures Target Expanded Access to Affordable Housing 2 days ago CFPB to Amend Equal Credit Opportunity Act Home / Daily Dose / CFPB to Amend Equal Credit Opportunity Act Sign up for DS News Daily Servicers Navigate the Post-Pandemic World 2 days ago About Author: Seth Welborn The Week Ahead: Nearing the Forbearance Exit 2 days ago The Best Markets For Residential Property Investors 2 days ago Seth Welborn is a contributing writer for DS News. He is a Harding University graduate with a degree in English and a minor in writing, and has studied abroad in Athens, Greece. An East Texas native, he also works part-time as a photographer. CFPB Regulation 2017-03-24 Seth Welborn Related Articles March 24, 2017 2,106 Views Previous: Fraud in Loan Apps Up in February Next: Ocwen Appoints Independent Member on its Board of Directorscenter_img The Consumer Financial Protection Bureau released a proposal to amend certain regulations in the Equal Credit Opportunity Act (ECOA). The intent is to provide additional flexibility for mortgage lenders in the collection of consumer ethnicity and race information. The proposed amendments should provide greater clarity to lenders regarding their obligations under the law, and according to the CFPB will promote compliance with rules intended to ensure customers are treated fairly.”This law is a key part of the government’s commitment to root out discrimination,” said CFPB Director Richard Cordray. “This proposal will help industry comply with the law and help protect consumers against illegal discrimination.”The ECOA was enacted in October 1974 to make it unlawful to discriminate against any credit applicant based on race, race, color, religion, national origin or sex, except in certain circumstances. The CFPB’s proposal to amend Regulation B of the ECOA would provide compliance flexibility for individual mortgage lenders, and would also support the broader mortgage industry’s ability to use consistent forms and compliance practices. The proposal would allow more lenders to use application forms with expanded requests for information from a consumer regarding ethnicity and race.Creditors may have to collect and retain certain information about applicants for certain loans under Regulation B, and in some cases, financial institutions may be required to report applicant information under Regulation C. The CFPB had previously issued amendments to Regulation C in October 2015, including changes to the collection of ethnicity and race information from applicants. The proposed amendments to Regulation B would give credit institutions additional flexibility in how it collects applicant information, so that they may better align with Regulation C.The proposal would allow creditors to collect information from applicants in situations when they would otherwise not be required to do so.The entire proposal can be found here.  Print This Post The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Tagged with: CFPB Regulation Share Save Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Subscribelast_img read more


Junior Lienholders: Claim Your Surplus Funds

Posted On May 31 2021 by

first_img Share Save Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Junior Lienholders: Claim Your Surplus Funds Related Articles About Author: Nicholas J. Vanhook 2019-11-12 Seth Welborn The Best Markets For Residential Property Investors 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago About Author: Jane E. Bond The Week Ahead: Nearing the Forbearance Exit 2 days ago Nicholas J. Vanhook is a Partner at McCalla Raymer Leibert Pierce, LLC, and joined the firm in 2010. An experienced litigator, Vanhook uses his knowledge to find creative ways to resolve issues for mortgage servicers. Vanhook received his Juris Doctorate from the Levin College of Law at the University of Florida. Servicers Navigate the Post-Pandemic World 2 days ago Home / Daily Dose / Junior Lienholders: Claim Your Surplus Funds Editor’s note: This feature originally appeared in the November issue of DS News, now available onlineEver since the United States housing market collapse in 2008, when a lender instituted a foreclosure action and obtained a Final Judgment of Foreclosure, the foreclosure sales process has remained relatively straightforward in Florida. The property is listed for sale at a public auction, a Certificate of Title is issued to highest bidder—typically the lender, for a nominal amount—and the property is placed in that lender’s book of real estate owned until it is eventually marketed and sold to the general public. The primary reason this process has been so straightforward has been based on one simple fact: the Final Judgment of Foreclosure was for an amount substantially more than what the property was worth. Since the lender received a credit bid at the foreclosure sale for the value of its judgment, third-party purchasers were rarely the highest bidders at the public auction. The logic behind this standard course of events is simple. Why would a third party pay more for a property than what it was worth? Simply put, they wouldn’t.The New NormalFast-forward over a decade and the process, outlined above, is becoming less standard. Once again, the reason is based on one simple fact: property values have not only stabilized over the past decade but have also increased to a level that the Final Judgment of Foreclosure obtained by a lender is often for an amount less than the property’s value. Therefore, those third-party purchasers, who were nowhere to be found 10 years ago, are now competitively bidding at foreclosure sales, and the winning bid is often tens of thousands of dollars more than the Final Judgment of Foreclosure. These surplus funds are then held by the County Clerk, pursuant to 45.032, Fla. Stat., until a court order is entered determining how the funds should be distributed.In this current era of surplus funds becoming the norm as opposed to the exception, the $64,000 question is, who is entitled to these funds and what is the proper procedure to ensure they are obtained? It is well established under Florida law that any surplus remaining after a foreclosure sale should be paid to the junior lienholders based on their priority as it relates the foreclosed property. Only after junior liens have been satisfied can the prior homeowner receive any surplus funds [General Bank, F.S.B. v. Westbrooke Pointe, Inc., 548 So. 2d 736 (Fla. 3d D.C.A. 1989)]. It’s a simple premise, but for a variety of reasons, surplus funds are not always properly distributed when numerous junior lien holders, as well as the prior homeowner, are all trying to convince the court they should be paid first.Best PracticesIf you represent one of these junior lienholders clamoring for surplus funds, here are a couple things to consider:As a named defendant in the first mortgagee’s foreclosure action, if a junior lienholder fails to respond and/or is subsequently defaulted, does that preclude the junior lienholder from seeking surplus funds? In a word, no. However, lawyers and judges alike have previously, and incorrectly, viewed a failure to respond as an inability to make a claim for any surplus. Failure to respond is deemed an admission as to the allegations contained in the complaint, or more specifically, that their lien is junior to that of the first mortgagee. It is not an admission that the junior lienholder does not have any claim to the property [Wiseman v. Stocks, 527 So. 2d 904 (Fla. 1st DCA 1988), D.A.D., Inc. v. Poole, 407 So. 2d 1072 (4th DCA 1981)]. That said, it is still recommended that a junior lienholder files a response, if for no other reason than to prevent unnecessary costs litigating the issue and ensure notices of upcoming court events, especially the foreclosure sale itself, are timely received.When does a junior lienholder need to file a claim with the court to ensure it doesn’t waive its right to the surplus funds being held by the county clerk? Until recently, it was the stereotypical attorney answer of “it depends.” However, the Florida Supreme Court provided clarity to this question in Bank of New York Mellon v Glenville, 252 So.3d 1120 (Fla.2018). Pursuant to Glenville, a claim for surplus funds needs to be filed within 60 days of the clerk issuing the Certificate of Disbursements. This ruling resolves any ambiguity regarding the event that triggers a junior lienholders deadline to file a claim for surplus funds under 45.032(1)(b), Fla. Stat.Now that you feel comfortable with the certainty surrounding the Florida Supreme Court decision in Glenville, House Bill 1361 went into effect on July 1, 2019. Amongst other statutory changes, HB 1361 amends 45.032, Fla. Stat. and the largest change to 45.032, Fla. Stat. is the elimination of a “surplus trustee.” Essentially, the surplus trustee was the person appointed by the county clerk to seek out the prior homeowner, if no surplus claim was filed by any party within the 60 days discussed in Glenville. This surplus trustee had one year from the date it was appointed to locate the prior homeowner before those funds were deemed unclaimed property. Now, HB 1361 attempts to simplify this process by stating any surplus remaining with the county clerk one year after the foreclosure sale is then reported as unclaimed property by the county clerk.The additional consequence of HB 1361 is it removed that same sixty (60-day timeline from 45.032(1)(b), Fla. Stat., and replaced it with “prior to the date that the clerk reports the surplus as unclaimed.” From the plain language of 45.032, Fla. Stat., as amended on July 1, 2019, junior lienholders will now have additional time to file a claim. The junior lienholders will need to file a claim within the year after the foreclosure sale and before the clerk reports the remaining surplus as unclaimed funds. Whether these changes to 45.032, Fla. Stat. eliminates the Glenville opinion altogether remains to be seen. Until new opinions are released on the topic, the most prudent course of action is to make a surplus claim as soon as possible after the sale to ensure the surplus funds are obtained to partially or fully satisfy your own lien.Once all competing junior lienholders timely file their claim for surplus funds and an evidentiary hearing is set to determine priority, can a junior lienholder rely on an affidavit to establish amounts due to them or does a witness need to appear to provide testimony? This time, we must fall back on the ever frustrating “it depends” answer. One option is a junior lienholder can avoid the costs of sending a witness to testify if a Notice of Intent to Rely on Business Records under 90.803(6)(c), Fla. Stat., is timely filed. However, should the junior lienholder fail to timely file its Notice of Intent or an opposing party objects to same, a witness for the junior lienholder should appear in person to provide testimony. Under 90.806(2), Fla. Stat. an opposing party is entitled to call the declarant as a witness for purposes of cross examination. Clearly, an opposing party cannot cross examine an affidavit, which is why a witness would be needed. Despite this requirement, junior lienholders routinely appear at surplus evidentiary hearings without filing a Notice of Intent under 90.803(6)(c), Fla. Stat. and only with an affidavit to support the amounts due and owing to them. If none of the competing junior lienholders object to the affidavit being admitted into evidence, the court can rely on the affidavit when making a ruling. However, a more experienced litigator can easily object to the affidavit being admitted into evidence under 90.806(2), Fla. Stat. and the court should sustain such an objection. If the surplus funds are only a couple thousand dollars, expending the costs to send a witness to provide testimony does not make “dollars and cents” as a business decision for the junior lienholder. In this situation, another option is to try and elicit an agreement between all competing junior lienholders prior to the evidentiary hearing that allows the parties to proceed by way of an affidavit.The Big PictureRegardless of how a junior lienholder decides to proceed, the most important takeaway is that, if a junior lienholder proceeds to an evidentiary hearing intending to only rely upon an affidavit to support its surplus claim, it risks the court not allowing said affidavit into evidence. Also, an even worse outcome would be if the court admits the affidavit into evidence and an opposing party appeals the court’s ruling, effectively eliminating any surplus the junior lienholder may have been entitled to, due to the cost of the appeal.In our ever-changing default industry, the large increase in property values opens avenues for junior lienholders to be reimbursed, even if only partially, when a foreclosure action occurs. Clearly, this is a positive for all lenders. However, a positive can quickly turn into a missed opportunity if lenders and their respective attorneys do not timely make a claim for surplus and/or fail to properly get evidence admitted into the record. in Daily Dose, Featured, News, Print Features November 12, 2019 2,567 Views Sign up for DS News Daily Demand Propels Home Prices Upward 2 days ago Previous: The Changing Face of Mortgage Servicing Next: 11 State Attorneys General Challenge CFPB Leadership Structure  Print This Post Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Jane Bond is the Managing Partner of Florida Litigation at McCalla Raymer Leibert Pierce with over 30 years’ experience in all areas of mortgage servicing litigation. Bond serves on the advisory board of the Legal League 100 and enjoys speaking on panels, writing articles, and holding trainings to help educate those in our industry. The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Subscribelast_img read more


[Vizag Tragedy] NGT Says It Has The Power To Take ‘Suo Motu ‘Cognizance Against Environment Law Defaulters [Read Order]

Posted On May 26 2021 by

first_imgTop Stories[Vizag Tragedy] NGT Says It Has The Power To Take ‘Suo Motu ‘Cognizance Against Environment Law Defaulters [Read Order] Akshita Saxena3 Jun 2020 3:41 AMShare This – xThe National Green Tribunal on Monday held that it has the power and jurisdiction to institute suo moto proceedings against environment law defaulters and it thus held that the orders passed by the Tribunal against South Korean company LG Polymers in a suo moto case registered against the fateful incident of chemical gas leak at Vizag in Andhra Pradesh, are not illegal. 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 National Green Tribunal on Monday held that it has the power and jurisdiction to institute suo moto proceedings against environment law defaulters and it thus held that the orders passed by the Tribunal against South Korean company LG Polymers in a suo moto case registered against the fateful incident of chemical gas leak at Vizag in Andhra Pradesh, are not illegal. The observation has been made by a bench headed by NGT Chairperson Justice Adarsh Kumar Goel in a review petition moved by LG Polymers, stating that the NGT cannot exercise suo moto jurisdiction. “NGT has the purpose and power to provide relief and compensation to victims of environment damage, restitution of property, and restoration of environment. To effectuate this purpose, NGT has wide powers to devise its own procedure. In appropriate circumstances, this power includes the power to institute suo-motu proceedings and not keep its hands tied in the face of drastic environmental damage and serious violation of right to life, public health and damage to property,” the Tribunal has held. Reliance was placed on State of Meghalaya v. All Dimasa Students Union (2019) 8 SCC 177, whereby the Supreme Court had observed that the use of words like such orders; gives such directions as may be necessary or expedient; order to prevent abuse of process; etc., “enable the Tribunal to pass orders and the above words confer wide discretion.” The Tribunal said, “This is especially so when the victims are marginalized and/or by reason of poverty or disability or socially or economically disadvantaged position cannot approach the Tribunal,” as the Vigaz Gas Leak has affected the residents of a nearby village. It said that if the NGT is presumed to not have the power to institute suo moto proceedings, it will be “robbed” of its efficacy of preventing environmental damage and providing relief to the affected population. “If NGT were powerless to institute suo-motu proceedings where so warranted, as in the present case, it would be robbed of all its efficacy, because then the situation would be that if environmental damage causes loss of life, public health and property, the court can grant relief only if the victims found the means to approach it first. Such limitation, to a large extent, would emasculate NGT’s raisond’etre, and render it nugatory and futile,” the order states. Backdrop The hazardous gas leakage incident occurred in the wee hours on May 7 resulting in death of 11 persons (now 12) and hospitalization of more than 100 people, of whom at least 25 were then reported to be serious. The NGT thus took cognizance of the incident vide an order dated May 8, directed LG Polymers to forthwith deposit an initial amount of Rs. 50 Crore with the District Magistrate, Vishakhapatnam. This order was challenged by the Company before the Supreme Court, not disputing the direction for deposit of security, but questioning the jurisdiction of NGT to take suo motu cognizance. The Supreme Court, vide order dated May 19, gave liberty to the Company to raise appropriate contentions before the NGT itself, pursuant to which the instant review petition was filed. Findings Power to take suo moto action In its order, the NGT bench also comprising of Justice Sheo Kumar Singh and Dr. Nagin Nanda, has emphasized that the NGT alone has the power to provide relief and compensation to the victims of pollution and other environmental damages, restitution of property and environment. (See Section 15 of the NGT Act) Reliance was placed on a three-judge bench judgment of the Supreme Court in Bhopal Gas Peedith Mahila Udyog v. Union of India, (2012) 8 SCC 326, which discerned that the NGT is a “statutory and specialized forum” to deal with any issues relating to environment. “There is no other forum entrusted such jurisdiction exclusively. Several serious issues of environment, including air, water, soil, and other life-threatening pollution have been taken up by this Tribunal suo-motu. The citizens affected in these cases were unable to access their remedies and approach the Tribunal, limited by varying disabilities and handicaps…If this Tribunal is prevented from instituting suo-motu proceedings, these issues and violations would remain unaddressed, citizens’ inalienable right to life and other rights will stand jeopardized, and the serious and irreversible environment damage would continue unchecked,” the Tribunal thus observed. The Tribunal emphasized that the approach of a Judicial Forum in dealing with the environmental issues cannot be “hyper technical”, for that would defeat the ends of justice, especially in matters where Right to Life is implicated. “Once patent violations affecting Right to Life are in public domain, the court cannot be debarred from remedying the same on the sole ground that the affected party has it moved the court. The court can devide its own procedure to investigate and give relief to the victims in appropriate cases,” it said. The Tribunal observed that it has underlying “duty” to exercise its powers so as to achieve the objective of giving relief and compensation for damages to persons, property and the environment. “The power is coupled with duty to exercise such powers for achieving the enumerated objects. Failure to exercise suomotu jurisdiction in such circumstances would render these victims without remedy, causing irretrievable injustice and breakdown of Rule of Law.” Power to take suo moto cognizance necessary to render justice to people living in remote areas The Tribunal said that if the approach suggested by the Company were to be pursued, no one will raise the issues being faced by the underprivileged population, and Justice will never reach remote areas. “No-one may raise such issues, much less the affected individuals suffering silently specially in remote areas. If even a third person claiming to be ‘public spirited’ can be given locus, why publicly known serious violations of environment affecting the Rule of law, human and existential rights must be objected to be protected by this Tribunal on such specious plea in the face of a clear constitutional, statutory, and international law mandate,” it said. The bench added, “Notwithstanding Constitutional jurisdiction of the High Courts, the Tribunal is not debarred from dealing with substantial issues of environment for which this Tribunal has been exclusively constituted, in absence of express statutory provision or binding judicial decision. Any other view may seriously hamper environmental justice and scheme of parliamentary law and judgements of the Hon’ble Supreme Court. Issue of procedure is in discretion of this Tribunal, including initiation of suo-motu proceedings, unless expressly barred.” Argument that notices have been issued to NGT on institution of suo motu proceedings Significantly, the Company had cited a plethora of cases in its application, where notices have been issued on NGT’s institution of suo motu proceedings. In this context the Tribunal has clarified that all the cases referred to by the Company are pending and no final decision has been taken thereon. “As regards cited orders, where notice has been issued on NGT’s institution of suo-motu proceedings, the facts of those cases may be entirely distinguishable. The matters are pending, no decision has been made on the said contention nor binding law discussed. It cannot be taken that NGT has been debarred from instituting suo motu proceedings in matters of even such grave nature as the present one. There being no stay of proceedings in this case, we find no merit in the Company’s contention,” the Tribunal said. Argument that pursuant to suo motu cognizance taken by the High Court, there was no occasion for the NGT to appoint a further Committee The Company had argued that the Andhra Pradesh High Court hadalready taken cognizance of the incident and the State Government has constituted a Committee to look into the reasons for leakage. Committees had also been constituted by the District Magistrate, Central Government and the National Human Right Commission. Thus, there was no occasion for the NGT to take cognizance of the matter. Rejecting this argument the Tribunal noted that there is no conflict on the core issue being considered by it or by the High Court and other fora, and the Committees appointed by the various fora. It said, “The specialized statutory jurisdiction to award compensation is conferred on this Tribunal, which also has all and wide powers, procedure and mechanisms to resolve and award appropriate relief and remedies. Our attention has not been drawn to any other committee or court going in to the issue of compensation and restitution to the victims to the environment. Only this Tribunal has required deposit of an amount to be used for compensation, to be disbursed under orders of this Tribunal. Even the Company has deposited the amount and cannot object to abide by further orders in this regard. Thus, without prejudice to any other proceedings, the Tribunal can perform and exercise its statutory jurisdiction.” The Company had also submitted that it will face inconvenience in dealing with multiple proceedings before different fora. Taking exception to this submission the bench said, “The plea of inconvenience is absurd and untenable in the face of clear and absolute liability of the company for the loss of life, public health and the environment by its hazardous activities in violation of law.” Liability of the Company The Tribunal has observed that the company operated without Environmental Clearance and the grant of ‘Consent to Establish’ and ‘Consent to Operate’ certificates was a result of administrative oversight. Thus, it held that there is a violation of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989. “There is violation of 1989 Rules. Liability of the Company is strict and absolute under the law. Burden of proof to show that it has no liability is on the company. Overwhelming material establish the liability of the company. The amount deposited has thus to be appropriated towards part liability and interim compensation subject to further orders after giving further opportunity to the company. This is without prejudice to final liability being quantified based on further study and proceedings under any other law.” The matter is therefore kept pending and will be listed on November 3, 2020. In the interregnum, the following directions have been issued: The amount of Rs. 50 crores deposited by the Company with the District Magistrate, Vishakhapatnam will stand appropriated towards part liability and interim compensation to be spent for restoration of the environment and compensation for victims in accordance with the restoration plan to be prepared.Restoration plan may be prepared by a Committee comprising two representatives each of MoEF&CC, CPCB and three representatives of State Government to be named by the Chief Secretary, including the District Magistrate, Vishakhapatnam and such other concerned Departments 50 within two months from today. MoEF&CC will be the nodal agency for the purpose.Final quantification of compensation may be assessed by a Committee comprising representatives of MoEF&CC, CPCB and NEERI. The said Committee will be at liberty to associate/co-opt any other expert institution or individual. The Secretary, MoEF&CC may ensure constitution of such Committee within two weeks from today. The Committee may give its report within two months thereafter. MoEF&CC will be the nodal agency for the purpose.The Chief Secretary, Andhra Pradesh may identify and take appropriate action against persons responsible for failure of law in permitting the Company to operate without statutory clearances within two months and give a report to this TribunalIn view of the stand of the State PCB and the Company that it will not recommence its operation without requisite statutory clearances, we direct that if any such statutory clearances are granted and the Company proposes to recommence, this aspect must be brought to the notice of this Tribunal so that compliance of law is ensured.The MoEF&CC may also constitute an Expert Committee to suggest ways and means to revamp monitoring mechanism to check and prevent violation of environmental norms and preventing any such recurrence in future in any of the establishments dealing with hazardous chemicals. A special drive may be initiated in this regard. An action taken report may be furnished within three months from today. Case Details: Case Title: In re: Gas Leak at LG Polymers Chemical Plant in RR Venkatapuram Village, Visakhapatnam in Andhra Pradesh Case No.: Review Application No. 19/2020 Quorum: Chairperson Justice Adarsh Kumar, Justice Sheo Kumar Singh and Dr. Nagin Nanda Appearance: Senior Advocate Sidharth Luthra with Advocate Anuj Berry (for LG Polymers India); Senior Advocate Nikhil Nayyar with Advocate TVS Raghavendra Sreyas (for Andhra Pradesh PCB); Advocate Raj Kumar (for CPCB); Advocate Satyalipsu Ray (for MoEF) Click Here To Download Order Read Order Next Storylast_img read more


‘Severely Exclusionary’ : Queer Feminists & Activists Seek Disbanding Of Criminal Law Reforms Committee [Read Statement]

Posted On May 26 2021 by

first_imgNews Updates’Severely Exclusionary’ : Queer Feminists & Activists Seek Disbanding Of Criminal Law Reforms Committee [Read Statement] LIVELAW NEWS NETWORK29 Oct 2020 11:03 PMShare This – xThirty queer feminists and activists have called for the disbanding of the Criminal Law Reforms Committee constituted by the Union Ministry of Home Affairs to “recommend reforms in the criminal laws of the country”.The activists stated that the composition of the committee lacks diversity in terms of those communities that bear the brunt of criminal law – cisgender women, queer and…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?LoginThirty queer feminists and activists have called for the disbanding of the Criminal Law Reforms Committee constituted by the Union Ministry of Home Affairs to “recommend reforms in the criminal laws of the country”.The activists stated that the composition of the committee lacks diversity in terms of those communities that bear the brunt of criminal law – cisgender women, queer and trans* persons, religious minorities, Scheduled Castes and Scheduled Tribes, persons with disabilities, and persons from rural and urban working class communities. They complained that the committee’s consultation process is “severely exclusionary”.”The mere publication of questionnaire on an online website calling for feedback is not a method of public consultation for reform in laws that touch every citizen’s life. The Committee has not disclosed a plan of how it will consult with vulnerable communities that are disproportionately impacted by criminal law and not accessible via the internet”, said the statement.They called for the disbanding of the Committee, which was called “unrepresentative and undemocratic”.The composition of the Committee, which was constituted last May, is as follows: Chairperson : Vice-Chancellor, National Law University DelhiProf. (Dr.) G.S. Bajpai (Member & Convenor), Registrar, National Law University Delhi Prof. (Dr.) Balraj Chauhan (Member), Professor, National Law University Delhi Mr. Mahesh Jethmalani (Member), Senior Advocate, Supreme Court of IndiaMr. G.P. Thareja (Member), Former District & Session Judge, Delhi.The committee is mandated with the task of reforming “substantive, procedural and evidentiary criminal law in the country i.e. the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act, as per the information in the online notification.Several persons, including former SC/HC judges, lawyer, academicians, activists etc have called for the disbanding of the Committee on the ground that it is not really representative and that the process was not transparent and democratic.Former SC/HC Judges, Lawyers Seek Reconstitution Of Central Committee For Reforms In Criminal Law To Include Academic Representation, Trial Court Lawyers, Women, Dalits, Etc.Lawyers/Activists Seek Reconstitution Of Central Committee For Reforms In Criminal Laws In Accordance With Principles Of ‘Participatory Democracy’NLU-D Alumni Urge Chairperson Of Criminal Law Reforms Committee To Halt Its Proceedings; Indulge Into Wider Public Consultation Read the statement of queer/feminist activistsstatement of queer/feminist activistsNext Storylast_img read more