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AFL player handed record ban for betting offence

first_img Email Address Regions: Oceania Australia Topics: Sports betting AFL player handed record ban for betting offence The Australian Football League (AFL) has banned Collingwood player Jaidyn Stephenson for 10 matches after it was revealed that he placed bets in three games involving his own team. The Australian Football League (AFL) has banned Collingwood player Jaidyn Stephenson for 10 matches after it was revealed that he placed bets on three games involving his own team.Stephenson has been handed a 22-game ban, but 12 of these will be suspended for the rest of his career. The 20-year-old has also been ordered to pay a fine of AUS$20,000 (£10,929/€12,261/US$13,739).The ban, the most severe ever issued by the AFL, comes after Stephenson reported himself for betting a total of AUS$36 on three multiple section wagers across three Collingwood matches: the clash with Western Bulldogs in the league’s fourth round of matches, Essendon in round six and St Kilda in round nine.The bets included Collingwood to win, Collingwood’s winning margin, Stephenson to kick a goal, Stephenson to kick multiple goals, Collingwood teammates to kick a goal, Collingwood teammates to kick multiple goals and Collingwood teammates to have in excess of a certain number of disposals (kicks or passes). All of the bets were unsuccessful.For two out of the three bets, Stephenson gave money to a friend to place the bets on his behalf, while for the third wager he used a friend’s betting account himself to place the bet himself.Although the AFL said, “there was no evidence to suggest there was any intent to influence the outcomes within the contest”, it found Stephenson in breach of its rules and regulations regarding betting.Speaking in a statement, Stephenson said: “It was an incredibly naive thing to do. I’m embarrassed that I’ve let myself, my family, my teammates and our loyal fans down and I’m devastated that I won’t be able to pull on a Collingwood jumper for the next 10 weeks.“I want to issue an unreserved apology to those who I have let down and hope that in time I can earn back any trust that I have lost.“I can’t change the past, but what’s most important is what I do next.”Image: Flickerdcenter_img AddThis Sharing ButtonsShare to LinkedInLinkedInShare to FacebookFacebookShare to TwitterTwitter Subscribe to the iGaming newsletter Sports betting 19th June 2019 | By contenteditorlast_img read more

Hurricane Earl makes landfall

first_imgShare on Facebook Tweet on Twitter LEAVE A REPLY Cancel reply Please enter your comment! UF/IFAS in Apopka will temporarily house District staff; saves almost $400,000 Florida gas prices jump 12 cents; most expensive since 2014 Please enter your name here You have entered an incorrect email address! Please enter your email address here Hurricane Earl made landfall overnight, according to the National Hurricane Center.  At 2:00 AM EDT Earl was located by radar in Belize City.Earl continues to move toward the west at 14 mph.  Some decrease in forward speed is expected over the next 48 hours. On the forecast track, the center of Earl will move across central or northern Belize during the next several hours, and move over the southern Yucatan peninsula of Mexico or northern Guatemala later on Thursday.Maximum sustained winds have decreased to near 75 mph with higher gusts, and additional weakening is expected as the center moves farther inland. Earl is forecast to weaken to a tropical storm later this morning and to a tropical depression by Friday morning.Hurricane-force winds extend outward up to 25 miles from the center and tropical-storm-force winds extend outward up to 140 miles.Hurricane conditions are spreading through central and northern Belize near the center of Earl. Tropical storm conditions are spreading across the coasts of Belize and Mexico elsewhere in the warned area, and should spread into the southern Yucatan Peninsula and northern Guatemala this morning.Earl is expected to produce total rainfall accumulations of 8 to 12 inches over portions of Belize, Guatemala, and the Mexican states of Campeche, Chiapas, Quintana, Tabasco and Veracruz through Friday morning. Isolated maximum amounts of 18 inches are possible in Belize, northern Guatemala and the central part of the Mexican state of Chiapas. These rains could result in life-threatening flash floods and mudslides.A storm surge along the immediate coast of Belize and the eastern Yucatan Peninsula should subside today as the center of Earl moves farther inland. Near the coast, the surge will be accompanied by large and damaging waves.The National Hurricane Center will issue the next intermediate advisory at 800 AM EDT and the next complete advisory at 1100 AM EDT. TAGSHurricane Previous articleState Rep Sullivan Schedules Apopka Office HoursNext articleA profitable day for The City of Apopka Dale Fenwick RELATED ARTICLESMORE FROM AUTHOR Gov. DeSantis says new moment-of-silence law in public schools protects religious freedom Save my name, email, and website in this browser for the next time I comment.last_img read more

Olympic-sized swimming facility goes to the back burner

first_img 2 COMMENTS Reply Free webinar for job seekers on best interview answers, hosted by Goodwill June 11 You have entered an incorrect email address! Please enter your email address here TAGSApopka City CouncilCooper Sportsplex Previous articleAnuvia pushes back on paying for cleanup of WWTPNext articleMayor Jacobs hosts Sixth Annual Youth Leadership Conference Denise Connell RELATED ARTICLESMORE FROM AUTHOR Support conservation and fish with NEW Florida specialty license plate But is the City considering a purchase of the Cooper Sportsplex?Analysis/OpinionIt was only a month ago that the City Council and Michael Cooper, owner of the Cooper Sportsplex, took the initial steps toward bringing an Olympic-sized swimming facility to Apopka in what would have been an unprecedented public-private partnership. Unfortunately, after only one discussion between Cooper and Apopka Recreation Director David Burgoon, the idea to bring a swimming pool to Apopka is off the table.“We met with Mr. Cooper this week about a partnership,” said Burgoon. We had a nice discussion and decided doing a private-public partnership just wasn’t feasible at this time with everything that’s going on at Mr. Cooper’s facility. He is busy basically from 5PM-10PM during the week, and he’s got things going on in there on the weekends from now until summer at least until July. So it’s not a good time to try to do a partnership because he has a lot of business at the complex and not a lot of openings for us to come in and run a program.”Okay, well nice try every one. A little bit of a tease, but no harm no foul Mr. Cooper, City Staff, and City Council. You’ll get ’em next time.But wait…Like a made-for-television movie, or perhaps a more modern comparison would be a Netflix Original Production, the plot takes a significant turn. Listen to how Burgoon ends his presentation to the City Council…“But if we wanted to entertain the idea of possibly purchasing the complex, that would be something Mr. Cooper would be willing to take a look at if Council is willing.”There was a somewhat surprised discussion among the Council before City Administrator Glenn Irby jumped in to lay out a realistic approach to a would-be City purchase of a multi-million dollar facility.“There’s actually a route that you have to take to get to that point (of purchase),” he said. “First it would have to be appraised. Or he (Cooper) could also have it appraised and the two appraisers would get together on a price somewhere in the middle. You (Council) would have to accept one or both of those. The next step would be to take it to referendum (which is a general vote by the electorate on a single political question that has been referred to them for a direct decision) because this would be General Fund Debt and likely a bond would be needed because we are talking about upwards of $10-million. And to do that with General Funds when you are paying for it with property taxes, you would have to take it to a referendum.”Irby went on to explain that a referendum would illustrate whether the public wishes to tax itself to pay the debt service on the bond. If a majority of voters approve the referendum, it passes.As it turns out, Cooper already has the Sportsplex up for sale.“It’s listed at $6.2 million, but it’s probably going to appraise at over $10-million,” he said. “It’s a good investment.Cooper’s concern was that people would wonder why he would sell the Sportsplex if the facility is as busy and successful as he described, but he simply wants to get back to his primary business.“We’re a construction company. We’re not managers of sports complexes. We’re out there busting our chops, but we’re not really designed to do that – we’re a construction company. We have a lot of offers to build sports complexes like this one. It’s been a good ride, but I think it’s time for us to get back to what we do, but it would be a tremendous opportunity for the City.”There is no telling where this discussion might lead. It doesn’t seem as if it’s anywhere near the City’s radar, given its current City Center, Fire Station and Wastewater Treatment Plant projects on the horizon. But give the City Council, City Staff, Commissioner Billie Dean and Cooper a little credit for entertaining a forward-thinking idea and running with it to its logical conclusion. March 3, 2017 at 8:32 am Mama Mia Yes, and also give Dr. Shackleford credit too, as he was the one that initially first brought up the subject of a partnership with Mr. Cooper and the COA, at the council meeting. The partnership idea of his, that led to the talk of the purchase of the Sportsplex, that is………. Mama Miacenter_img Reply March 3, 2017 at 11:19 am The Anatomy of Fear Please enter your comment! LEAVE A REPLY Cancel reply Save my name, email, and website in this browser for the next time I comment. Please enter your name here Share on Facebook Tweet on Twitter Is the Cooper Sportsplex in the CRA boundaries? Could part of the CRA funds be used to buy the Sportsplex for the city’s residents to use, so the youth would have someplace to go and play sports, and also the for the adults too? Just asking. Would that be a qualifying use of CRA funds?last_img read more

Casablanca_67 House / Orlando Etcheberrigaray

first_imgCopyAbout this officeOrlando EtcheberrigarayOfficeFollowProductsWoodSteel#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesWoodCasablancaCasablanca, ChileChilePublished on September 11, 2014Cite: “Casablanca_67 House / Orlando Etcheberrigaray” [Casa Casablanca_67 / Orlando Etcheberrigaray] 11 Sep 2014. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogPanels / Prefabricated AssembliesTechnowoodSiding Façade SystemPlasticsMitrexSolar SidingMetal PanelsAurubisCopper Alloy: Nordic BronzeArmchairsAndreu WorldGrand Raglan – Lounge ChairSinksBradley Corporation USASinks – Frequency® FL-SeriesPlantingSikaGreen RoofsStonesCosentinoSilestone Surfaces – Ethereal CollectionMetal PanelsLongboard®Aluminum Battens – Link & Lock – 8″Panels / Prefabricated AssembliesFranken-SchotterFacade Panels – Dietfurt LimestoneWindowsRabel Aluminium SystemsMinimal Casement Windows – Rabel 8400 Slim Super Thermal PlusWoodGustafsWood Cladding in St. Erik Eye HospitalLightsKKDCLighting – Groove FLEXMore 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 stream ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/545752/casablanca-67-house-orlando-etcheberrigaray Clipboard Casablanca_67 House / Orlando Etcheberrigaray “COPY” Manufacturers Brands with products used in this architecture project 2014 Save this picture!© Marcelo Cáceres+ 20 Share Architects: Orlando Etcheberrigaray Year Completion year of this architecture project ArchDaily ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/545752/casablanca-67-house-orlando-etcheberrigaray Clipboardcenter_img Chile Year:  CopyHouses•Casablanca, Chile, Chile Manufacturers: AraucoConstruction:Osvaldo Cardemil A. y Sebastián Gandarillas V.Materials:Metallic structure, exterior wood cladding and interior plaster plates, bamboo pavement, pine deck terraces.City:Casablanca, ChileCountry:ChileMore SpecsLess SpecsSave this picture!© Marcelo CáceresText description provided by the architects. Lately, we have developed projects for second homes, and this commission complements a series of 3 typical houses on different surfaces and volumes (ii-casa.tumblr.com) executed by Osvaldo Cardemil and Sebastian Gandarillas, both builders and managers of this last project.Save this picture!PlantaThe goal was to have a new typology of dwelling on the basis of a simple program, which could be complemented or increased in its area according to the requirements of different clients.Save this picture!© Marcelo CáceresAs in previous projects, we designed the constructive system based on a metallic structure, pine wood partitions and cladding, a system that along with a greater understanding of the technique, has optimized construction times.Save this picture!© Marcelo CáceresIn this house, as in Refugio Pangal and Santa Maria House, we considered a good level of finishes, always looking to improve the relationship between quality of design and final cost of the project. Taking into account that the project includes the development of exterior terraces and pool, our ultimate goal is to deliver a product that is actually finished, leaving the owner to only inhabit the house.Save this picture!SecciónThe house is located on a hillside in the valley of Casablanca. In designing the project, we seeked to achieve in a simple form the greatest spatiality possible.Save this picture!© Marcelo CáceresThe location of the house along with the staggering of the volume inside, leaves all bedrooms toward the slope and maintains the same roof deck throughout the volume, thus achieving a greater height in the common areas such as the living room and kitchen. Also here, we use a system of columns, creating floor platforms independent from the terrain, so as not to interfere with the natural profile.Save this picture!ElevaciónThe volume is opened almost entirely on its north facade towards the valley framing it as a single view, and expands its space through terraces with great prominence replicating the inside steps with their views, creating a condition of dominance over the Casablanca valley.Save this picture!© Marcelo CáceresProject gallerySee allShow lessMalaca House / Mario Martins AtelierSelected ProjectsDAf Offices / Albert TidySelected Projects Share Projects Casablanca_67 House / Orlando EtcheberrigaraySave this projectSaveCasablanca_67 House / Orlando Etcheberrigaray “COPY” Houseslast_img read more

Tetra House / Bercy Chen Studio

first_img Tetra House / Bercy Chen Studio Manufacturers: Western Window Systems, Flos, Subzero/Wolf, Abode Homes Photographs 2016 Photographs:  Paul Bardagjy Manufacturers Brands with products used in this architecture project “COPY” Save this picture!© Paul Bardagjy+ 17 Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/805199/tetra-house-bercy-chen-studio Clipboard Tetra House / Bercy Chen StudioSave this projectSaveTetra House / Bercy Chen Studio “COPY” CopyAbout this officeBercy Chen StudioOfficeFollowProductWood#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesAustinUnited StatesPublished on February 15, 2017Cite: “Tetra House / Bercy Chen Studio” 15 Feb 2017. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogPanels / Prefabricated AssembliesTechnowoodGRP Siding Façade SystemPlasticsMitrexSolar SidingMetal PanelsAurubisCopper Alloy: Nordic RoyalSystems / Prefabricated PanelsKalwall®Translucent WalkwaysPanels / Prefabricated AssembliesIsland Exterior FabricatorsSpecialty Facade SystemsLightsLouis PoulsenLamps – LP Slim BoxWoodBruagAcoustic Panels with LEDTiles / Mosaic / GresiteHisbalitMosaic Tiles – Palm SpringsMineral / Organic PaintsKEIMBlack Concrete – Concretal®-BlackSuspension SystemsMetawellAluminum Panels for Smart CeilingsDoorsGorter HatchesFloor Door – Fire RatedBricksDEPPEWaterstruck Bricks – 1622/1635ekws DFMore products »Save想阅读文章的中文版本吗?Tetra 别墅 / Bercy Chen Studio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 stream ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/805199/tetra-house-bercy-chen-studio Clipboard Year:  CopyHouses•Austin, United States Bufkin Engineering Area:  3000 ft² Year Completion year of this architecture project Projects Structural Engineer: Houses ArchDaily Architect In Charge:Thomas BercyCity:AustinCountry:United StatesMore SpecsLess SpecsSave this picture!© Paul BardagjyRecommended ProductsWindowsKalwall®Facades – Window ReplacementsWindowsLibartVertical Retracting Doors & WindowsDoorsStudcoAccess Panels – AccessDorDoorsRabel Aluminium SystemsMinimal Sliding Door – Rabel 62 Slim Super ThermalText description provided by the architects. Tetra House is a single-family residence located in the lively neighborhood of South Austin. The project is unique in the client / tenant also being the builder, allowing the design process to be tightly integrated and informed by the construction process and details.Save this picture!© Paul BardagjySave this picture!Floor Plan 01Save this picture!© Paul BardagjyThe house is designed to be inward-looking, centered around a small, intimate courtyard containing a pool and a gravel garden with Japanese maple trees. The design pulls from a range of inspirations, from the constructivist paintings of El Lissitzky to Mexican Modernism from the 50s and 60s. The house is envisioned as a series of volumes and surfaces that are layered and intersecting, but never quite coinciding. This has the effect of both minimizing the presence of the house along the streetscape and creating a series of strategic vantage points within and around the house. Save this picture!© Paul BardagjyAs the client comes from a family of builders, his desire to utilize a longstanding craft within their company / family led to the use of poured-in-place concrete walls as one of the primary elements of the house. Additionally, as one of the primary inspirations came from Mexican Modernism (the client’s wife coming from Mexico), this informed the strong emphasis on poured-in-place concrete and the courtyard house typology – central elements to that style. Save this picture!© Paul BardagjyFor the interiors, we were interested in incorporating various shades of blue, through tiles, accent paint walls, and finishes, to echo the water courtyard around which the house is built and to blend the pop-up spaces into the sky.Project gallerySee allShow lessBiomimicry with Steel Sheets: Designing “DNA” Into Materials Can Create Architecture…Articles5 Finalists Selected for the 2017 EU Prize for Contemporary Architecture – Mies van …Architecture News Share Architects: Bercy Chen Studio Area Area of this architecture project United Stateslast_img read more

Guardian/IPPR award

The Guardian and the Institute for public Policy Research have announced an award scheme for public, private or voluntary organisations which encourage public involvement. Contact Vicki Combe, IPPR on 020 7470 6127. Guardian/IPPR award 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. Advertisement AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis  13 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 25 April 2000 | News read more

Charity mergers

Advertisement AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis The Guardian and the Media Trust recently held a debate on the need for charities to consider mergers. Read what happened in Mutual friends at The Guardian Society. Howard Lake | 15 November 2000 | News Charity mergers  21 total views,  2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis 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. read more

Akai Gurley still needs justice

first_imgA “March for Justice” rally was held Nov. 20, marking the one-year anniversary of the killing of Akai Gurley, a 28-year-old Black man, by Peter Liang, a New York City rookie police officer.Akai GurleyGurley and his companion were leaving her building via the stairs in the Louis H. Pink housing development in Brooklyn where she lived. The elevator was broken. On the seventh floor landing, officers Liang and Shaun Landau entered the stairwell which did not have lights, where Liang shot Gurley. Gurley stumbled down two flights, where he fell and bled to death while Liang phoned the so-called police “union” to discuss his rights. Not until after that did he call 911 to report the shooting.One year later at the building where Gurley was shot, approximately 150 supporters held a rally and march. Family members were present, including Akai’s stepfather and tearful mother, Sylvia Palmer, who spoke. They traveled 16 hours from Jacksonville, Fla., to be there. Gurley was planning to visit her around the time of his murder. Also present were Gurley’s mate, holding their child. Mourners were surrounded by groupings of top-brass cops in an “us vs. them” stance.The march was organized by the Answer Coalition and Justice for Akai Gurley Family (facebook.com/AkaiGurleyFamily). Allied organizations, including the International Action Center and Peoples Power Assembly, were there with signs, banners and chants, as were Fordham University students, an Asian Black Lives Matter group, Cop Watch and individual activists against police brutality.Parents and families of Stolen Lives — whose sons and daughters were killed by the cops and who in their pain have been in the streets relentlessly struggling for justice for their loved ones whose lives were stolen from them — were present. Some media were there.Among the speakers was Nicholas Heyward, who spoke about his 13-year-old son, Nicholas Heyward Jr., who was shot and killed by a rookie cop in 1994 in a Brooklyn housing development. Parenthetically, it was stated that NYC public housing projects/developments are built like prisons, where cops invade Black communities.In 1994, District Attorney Charles Hynes never investigated the Heyward shooting and refused to bring the case to a grand jury, claiming the shooting was justified. Current New York Police Department Commissioner Bill Bratton, who was also commissioner back then, has referred to both shootings as a “tragic accident.” Bratton has stated he has not spoken to Officer Liang since the Gurley shooting.‘Maintain pressure in the streets’Charles Barron, State Assembly member, and Inez Barron, City Council member, were also present. Inez Barron told WW, “It was important for us to be there with the family and community on the occasion of the anniversary of the NYPD murder of Akai Gurley and during the upcoming trial. It is also important to maintain pressure in the streets to ensure that this issue stays alive in the minds of the officers and everyone else.”She added, “Officer Liang needs to feel the full impact and consequence of his action, which resulted in the violent death of a person. Violent police procedures resulted in Gurley’s death. There’s no question about the fact that justice needs to be done.”Officer Liang, who now has a new lawyer, has been charged with manslaughter. His trial is scheduled for January 2016. A conviction is what the family and supporters are demanding.Other speakers during the rally emphasized that Gurley’s murder was not an isolated incident; cops kill Black people almost daily; these deaths are not accidents; cops don’t respect or protect us; they see us as animals, not human beings; the NYPD is a murderous institution; cops operate under white privilege, and Black cops are under their power; Black cops not in uniforms have been murdered by “friendly fire” from racist white cops; and it is the cops who are dangerous.Also stated at the rally was that Commissioner Bratton’s “broken windows” policy should not be funded out of our taxes and our pockets.The evening ended with a powerful statement: that everyone has a duty to stand in solidarity with the family, to organize and to mobilize. And that family and supporters will be here again for next year’s anniversary, even if there are only a handful of people. The emphasis was that we’re all one family, we need to be fighters, and we have lots of work to do. Justice happens in the streets, not in the courtroom.Racism is the disease. Revolution is the cure!FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

Foreclosures and the Year Ahead

first_img Distressed Home Sales Foreclosure Housing News Report REO 2017-02-28 Staff Writer The Week Ahead: Nearing the Forbearance Exit 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Daren Blomquist, SVP of ATTOM Data Solutions, recently wrote in Housing News Report, ATTOM’s monthly newsletter of industry news, on the distressed property crisis in areas of the country most affected by foreclosure. Citing the ATTOM Solutions 2016 Year-End Foreclosure Market Report, Blomquist noted that New York properties foreclosed in Q4 2016 have taken an average of 3.5 years to process, and that 31,838 loans actively in foreclosure originated between 2004 and 2008.Six total New York counties were in the list of top 20 counties with the biggest backlogs of loans from this era. Blomquist spoke to Luana Malavolta, a real estate broker with Exit Reality Search in Bronx, New York, which ranks at number 18 on the list.“There is less and less inventory coming on the market that is purchasable for mortgage products,” said Malavolta. “I feel it is because the financial institutions do not move fast enough on foreclosures and short sales, letting the properties stay in distress much longer. The longer the property is in distress, the less marketable it is for first time homebuyers utilizing mortgage products.”Cash buyers are 41 percent of the distressed market, due to the mortgage product users being pushed out. Malavolta mentions these “predatory” cash buyers: “The cash buyer purchases [the property] and barely cleans it and puts it back on the market at a tremendous markup,” Malavolta continued. “Because inventory is so low you have fewer people buying, but at higher prices.”Looking at ATTOM Data Solutions Year-End 2016 Home Sales Report, Blomquist mentions that in 2016, all-cash buyers made up 41 percent of residential property purchases in New York, well above the national average of 28 percent, and 15.9 percent of all residential property sales were bank-owned, foreclosure auction, or short sales.Though New York continues to struggle, foreclosures nationally are at a 10-year low. With ATTOM data, Blomquist notes the decrease in foreclosure starts on a year-over-year basis in New Jersey, which had the highest state foreclosure rate in 2016. In addition, New Jersey has the highest property tax rate. According to Rob Lyszczarz, President of RE/MAX Properties Unlimited, high property taxes are making it difficult to liquidate distressed properties and will hinder New Jersey’s home price recovery. Additionally, New Jersey is experiencing some of the slowest appreciation rates in the country, with the media price of $270,000 for a single-family home remaining unchanged between 2015 and 2016.In New Jersey and elsewhere, long stalled foreclosures are finally starting to be pushed through. Ed Kirn, a foreclosure attorney with Powers Kirn Law Firm, believes that “…it will be the beginning of a recovery period for our housing market. …Urban blight is going to decrease. Zombie properties are going to decrease … it’s better for everybody.”Read the full article in Housing News Report by Daren Blomquist here. In addition, read Ten-X CMO Rick Sharga’s article on Ten-X’s online real estate marketplaces. Share Save Sign up for DS News Daily Demand Propels Home Prices Upward 2 days ago Related Articles Governmental Measures Target Expanded Access to Affordable Housing 2 days ago  Print This Post Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Demand Propels Home Prices Upward 2 days ago February 28, 2017 1,991 Views Foreclosures and the Year Ahead in Daily Dose, Featured, Foreclosure, News, REO Previous: What are the Top and Bottom CBSAs? Next: Illinois Appellate Court Holds that the Statute of Limitations for TILA Counterclaims to Debt Collection Actions is not Indefinite Tagged with: Distressed Home Sales Foreclosure Housing News Report REO Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago Home / Daily Dose / Foreclosures and the Year Ahead About Author: Staff Writer Subscribelast_img read more

Section 138 NI Act A ‘Civil Sheep’ In A ‘Criminal Wolf’s Clothing’; Quasi-Criminal In Nature : Supreme Court

first_imgTop StoriesSection 138 NI Act A ‘Civil Sheep’ In A ‘Criminal Wolf’s Clothing’; Quasi-Criminal In Nature : Supreme Court Manu Sebastian1 March 2021 7:36 AMShare This – xThe Supreme Court has observed that criminal proceedings for the dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, are “quasi-criminal” in nature.The Court also made an interesting comment that Section 138 proceedings can be called a “civil sheep” in a “criminal wolf’s clothing”.A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph made these…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 has observed that criminal proceedings for the dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, are “quasi-criminal” in nature.The Court also made an interesting comment that Section 138 proceedings can be called a “civil sheep” in a “criminal wolf’s clothing”.A bench comprising Justices RF Nariman, Navin Sinha and KM Joseph made these observations while deciding the issue whether the moratorium declared under Section 14 of the Insolvency and Bankruptcy Code will bar Section 138 NI Act proceedings against the corporate debtor.One of the issues before the Court was whether Section 138 NI Act case will come within the ambit of the word “proceeding” used in Section 14 IBC. Many High Court had taken the view that since the proceedings under Section 138 NI Act were criminal in nature, they will not be hit by Section 14 IBC.While examining the correctness of that view, the bench sought to ascertain the true nature of Section 138 NI Act. The bench noted that while enacting Section 138, the legislature was cognizant that “what is otherwise a civil liability is now also deemed to bean offence”. A debt barred by limitation is outside the scope of Section 138.This, coupled with fine that may extend to twice the amount of the cheque that is payable as compensation to the aggrieved party to cover both the amount of the cheque and the interest and costs thereupon, would show that it is really a hybrid provision to enforce payment under a bounced cheque if it is otherwise enforceable in civil law. Since the provision mandates giving an opportunity to the drawer of the cheque to pay back the amount, by serving him a statutory demand notice, the Court observed that “the real object of the provision is not to penalise the wrongdoer for an offence that is already made out, but to compensate the victim”.The bench further noted that mens rea was not an ingredient of the offence. It also took note of the fact that there is a departure from the procedure under the Code of Criminal Procedure for cheque cases. First and foremost,no court is to take cognizance of an offence punishable under Section 138 except on a complaint made in writing by the payee or the holder in due course of the cheque – the victim. Also, there is the concept of “cause of action” in Section 142(1)(b), which says that the complaint must be filed within one month of the “cause of action” arising. The judgment observed that the concept of cause of action is “conspicuous by absence” in Chapter XIII of the CrPC, consisting of Sections 177 to 189, which deals with the jurisdiction of criminal courts.The bench next said that the 2018 amendment to NI Act, which introduced provisions for interim-compensation, gave a further tilt towards civil nature of the proceedings.Referring to the judgment in CIT v. Ishwarlal Bhagwandas, (1966) 1 SCR 190, the judgment observed that “a civil proceeding is not necessarily a proceeding which begins with the filing of a suit and culminates in execution of a decree”.”Given these tests, it is clear that a Section 138 proceeding can be said to be a “civil sheep” in a”criminal wolf’s” clothing, as it is the interest of the victim that is sought to be protected, the larger interest of the State being subsumed in the victim alone moving a court in cheque bouncing cases, as has been seen by us in the analysis made hereinabove of Chapter XVII of the Negotiable Instruments Act”, the bench observed.Moratorium Under Section 14 IBC Covers Section 138 NI Act Proceedings Against Corporate Debtor For Cheque Dishonour : Supreme CourtQuasi-criminal proceedingsThe Additional Solicitor General, Aman Lekhi, objected to describing Section 138 proceedings as “quasi criminal”. He argued that since the provisions metes out the type of punishments prescribed under Section 53 of the Indian Penal Code, it cannot be termed “quasi-criminal”.The Court rejected this argument saying that there are many instances of acts which are punishable by imprisonment or fine or both which have been described as quasi-criminal – such as the criminal contempt, breach of Companies Act provisions etc.”Clearly, therefore, given the hybrid nature of a civil contempt proceeding, described as “quasi-criminal” by several judgments of this Court, there is nothing wrong with the same appellation “quasi-criminal”being applied to a Section 138 proceeding for the reasons given by us on an analysis of Chapter XVII of the Negotiable Instruments Act. We,therefore, reject the learned Additional Solicitor General’s strenuous argument that the appellation “quasi-criminal” is a misnomer when it comes to Section 138 proceedings and that therefore some of the cases cited in this judgment should be given a fresh look”, the bench observed.The Court held that Section 138 proceedings against the corporate debtor will come under the ambit of Section 14 IBC.”Given our analysis of Chapter XVII of the Negotiable Instruments Act together with the amendments made thereto and the case law cited hereinabove, it is clear that a quasi-criminal proceeding that is contained in Chapter XVII of the Negotiable Instruments Act would, given the object and context of Section14 of the IBC, amount to a “proceeding” within the meaning of Section14(1)(a), the moratorium therefore attaching to such proceeding”, the judgment authored by Justice Nariman observed.Case DetailsCase Title 😛 Mohanraj and others v M/s Shah Brothers Ispat Ltd and connected casesCoram : Justices RF Nariman, Navin Sinha and KM JosephAppearances : Senior Advocates Jayanth Muthu Raj, Jayant Mehta, S Nagamuthu for petitioners; ASG Aman Lekhi for the Union of IndiaCitation : LL 2021 SC 120Click here to read/download the judgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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