Is the State Pension triple lock facing the axe?

first_img 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. 5 Stocks For Trying To Build Wealth After 50 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. Image source: Getty Images Is the State Pension triple lock facing the axe? See all posts by David Barnes Click here to claim your free copy of this special investing report now!center_img Our 6 ‘Best Buys Now’ Shares Views expressed 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.  David Barnes | Saturday, 18th July, 2020 Enter Your Email Address The State Pension is currently £9,110 per year. Assuming you are lucky enough to own a home and have repaid your mortgage by the time you come to retire, this still doesn’t leave you a lot for luxuries after you’ve accounted for bills, food, and basic living expenses. I don’t know about you, but I picture a different sort of retirement for myself.To make matters worse, reports are circulating suggesting the government may have to either suspend or scrap the triple lock which is the device that protects the State Pension from decreasing in real terms over time.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…How does the State Pension triple lock work?The triple lock was introduced in 2010 and means that the State Pension increases by the greatest of average earnings, prices (as measured by the Consumer Price Index), or 2.5%. This tax year the State Pension increased by 3.9% in line with average earnings.All being well, I plan to retire in about 25 years’ time (and hopefully I’ll be alive for a further 25 years). But 25 years ago, the cost of goods was very different to today. According to the Office of National Statistics, the average price of a pint of lager in 1995 was £1.66. Granted it has been a while since I visited my local pub, but the cost of a pint is now considerably more.The triple lock protects you against this inflation and stops that £9,110 State Pension standing still while prices increase over time. But the triple lock is a costly burden for the government. More often than not since its introduction, both inflation and average earnings have been below 2.5% and the taxpayer has to fund the increase. This has led to calls to make it a double lock and remove the 2.5% third pillar.The coronavirus effectThe government faces a different challenge this year. Under the furlough system, the government is paying 80% of wages up to £2,500 for nine million workers. If and when pay returns to 100%, this could result in a large bump to average earnings that could be very expensive for the government.This has led to suggestions the government may suspend or even scrap the State Pension triple lock. While the government has denied this and stated they will honour their manifesto commitments, I’m certainly not going to depend on it.I take full advantage of my company’s pension matching contribution under auto enrolment as well as making my contributions via salary sacrifice to be tax efficient. In addition, I have an ISA and a Lifetime ISA to save for my retirement. I view the State Pension as a top-up to my private savings and not the other way around.And I don’t want my money sitting in a 1% Cash ISA losing value in real terms. Historical studies have shown that stocks and shares return between 7% and 10% over time. While they carry more risk, I’m happy to ride out any short-term volatility.Feeling overwhelmed about what to invest in? Well, you’ve come to the right place. You’ll find plenty of ideas at The Motley Fool! Markets around the world are reeling from the coronavirus pandemic…And with so many great companies trading at what look to be ‘discount-bin’ prices, now could be the time for savvy investors to snap up some potential bargains.But whether you’re a newbie investor or a seasoned pro, deciding which stocks to add to your shopping list can be daunting prospect during such unprecedented times.Fortunately, The Motley Fool is here to help: our UK Chief Investment Officer and his analyst team have short-listed five companies that they believe STILL boast significant long-term growth prospects despite the global lock-down…You see, here at The Motley Fool we don’t believe “over-trading” is the right path to financial freedom in retirement; instead, we advocate buying and holding (for AT LEAST three to five years) 15 or more quality companies, with shareholder-focused management teams at the helm.That’s why we’re sharing the names of all five of these companies in a special investing report that you can download today for FREE. If you’re 50 or over, we believe these stocks could be a great fit for any well-diversified portfolio, and that you can consider building a position in all five right away.last_img read more

AstraZeneca’s Covid-19 vaccine approved! Here’s what I’d do now

first_img Zaven Boyrazian | Wednesday, 30th December, 2020 | More on: AZN OXB 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. There’s a ‘double agent’ hiding in the FTSE… we recommend you buy it! AstraZeneca‘s (LSE:AZN) Covid-19 vaccine has been approved for emergency use in the UK this morning.There had been some confusion surrounding the initial trial dosing regimens and subsequent results. However, the pharmaceutical giant was successful in proving the vaccine is both effective and safe.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…What’s next for AstraZeneca?Working alongside the NHS and other government bodies, AstraZeneca aims to deliver 100 million doses over the next year, with the first batch ready very soon. This is over double the 40 million doses ordered for Pfizer’s vaccine, and over 14 times those ordered for Moderna’s.I previously wrote that AstraZeneca’s vaccine would become the best choice for the UK and countries worldwide. And I’ve been right so far. You see, despite the higher efficacy of both Pfizer’s and Moderna’s vaccines, they both suffer from a significant disadvantage. They require extraordinary refrigeration of -70°C, and -20°C, respectively, whereas AstraZeneca’s only needs to be kept between 2°C and 8°C. That’s a standard fridge temperature.Storage facilities in the UK and abroad that can support such sub-zero temperatures are few and far between. This drastically reduces the viability of storage and distribution for Pfizer’s and Moderna’s vaccines, especially in poorer nations.It’s for this reason that Malaysia has ordered an additional 6.4m doses of AstraZeneca’s vaccine. Furthermore, the company is working closely with its global partners to set up the infrastructure needed to manufacture up to 3bn doses every year.A hidden gem in the biotech sectorThis is undoubtedly fantastic news for AstraZeneca and the public in general. But I won’t be buying shares in the business. Despite the stock being up on the announcement, it’s important to remember that AstraZeneca has stated its vaccine is a no-profit project.But there’s one stock that greatly benefits from this announcement — Oxford Biomedica (LSE:OXB) — a share that I myself have bought.The biotech firm specialises in gene and cell therapies. It has been working closely with AstraZeneca throughout the development of the vaccine. The stock offers a proprietary platform called LentiVector, which allows drug developers to pursue new treatments at a fraction of the cost.In September, Oxford Biomedica signed an 18-month supply agreement with AstraZeneca for its vaccine’s large-scale manufacture. It has already received an initial payment of £15m to get things going and expects to generate another £35m throughout 2021.The combined additional £45m represents 80% of the firm’s revenue in 2019. After adding the income it makes from its other projects, this agreement will likely double the firm’s total revenue in a single year.And what’s more, the signed agreement can be extended by another 18 months. With AstraZeneca aiming to supply those 3bn doses worldwide, this seems quite likely to happen in my mind.The bottom lineOxford Biomedica’s revenue from the vaccine may not be sustainable in the future. However, it provides a surge of additional income that will allow it to bolster its LentiVector platform further.For that reason, even at its current valuation, the stock looks cheap in my eyes, given its potential to shape the drug development industry’s future. Zaven Boyrazian owns shares in Oxford Biomedica. The Motley Fool UK has no position in any of the shares mentioned. 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. Simply click below to discover how you can take advantage of this. Click here to get access to our presentation, and learn how to get the name of this ‘double agent’! 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.center_img Don’t miss our special stock presentation.It contains details of a UK-listed company our Motley Fool UK analysts are extremely enthusiastic about.They think it’s offering an incredible opportunity to grow your wealth over the long term – at its current price – regardless of what happens in the wider market.That’s why they’re referring to it as the FTSE’s ‘double agent’.Because they believe it’s working both with the market… And against it.To find out why we think you should add it to your portfolio today… Our 6 ‘Best Buys Now’ Shares AstraZeneca’s Covid-19 vaccine approved! Here’s what I’d do now Enter Your Email Address Image source: Getty Images See all posts by Zaven Boyrazianlast_img read more

Daily news from New Zealand – 1 October – Video

first_imgIreland defence coach – Les KissIn today’s RWC Daily we have reaction to all of Saturday’s crucial matches. Plus we catch up with Canada ahead of their match with New Zealand and we chat to Ireland defensive coach Les Kiss. AUCKLAND, NEW ZEALAND – SEPTEMBER 16: Ireland defence coach Les Kiss talks to media during an Ireland IRB Rugby World Cup 2011 captain’s run press conference at Eden Park on September 16, 2011 in Auckland, New Zealand. (Photo by Cameron Spencer/Getty Images) LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALSlast_img read more

Wales: Five things we learned v Italy

first_imgHard to roll awayOn Saturday numerous players were penalised for not rolling away. Some of the decisions were very harsh. Admittedly no one wants to see players deliberately slowing the ball down, however some of the situations that the players are expected to move away from seem very unfair. When you’re 18st 5lbs and 6ft 6in it’s difficult to get off a sofa with any degree of urgency. If you add in a 16st back row forward lying on top of you and the legs of a 19st prop draped over your chest – things become even more difficult. You are now talking about the sort of scenario that Houdini would struggle to get out off. A little bit of sympathy from referees for felled giants wouldn’t go amiss. No walk in the park: Italy provided sterner opposition than many had predicted at the Millennium StadiumBy Paul WilliamsHard fought openerWales secured their opening win of the 2014 Six Nations with a 23-15 win over Italy. For Wales, this was an uncomfortably competitive fixture, with Italy deservedly gaining near parity in both territory and possession – Wales secured 54% in both. Whilst the score line and the possession stats may seem a touch below par there were some impressive individual performances. Richard Hibbard once again proved why he is arguably the best hooker in Europe, Jamie Roberts dominated the 12 channel and the Welsh systems allowed Dan Lydiate to focus on his defensive strengths – a luxury that he isn’t afforded in Paris.It was also good to see Wales scoring a try from a set piece/ first-phase possession – as they did through Scott Williams‘ score in the 37th minute. Tries from lucky bounces and interceptions may get the crowd on their feet, but they are by their nature erratic and unpredictable and therefore not an accurate measure of a team’s progression. There will be some who will be disappointed with this performance and the scoreline, yet it is worth remembering that this Italian team finished above France and Ireland in last year’s championship. The true cost of this score line may not be truly known until the end of the tournament. ‘Points difference’ may have a big role to play come the final weekend.The power is back: Jamie Roberts shoneJamie Roberts is backOnly recently, French media voted Jamie Roberts one of the ten biggest flops in France. On Saturday he was the best player in Wales. Roberts was the team’s top ball carrier, he made 17 carries and dominated the gainline from first-phase possession. He was also the backlines’ top tackler making nine and missing none.His upper body wrap tackles were particularly effective and seriously limited Italy’s ability to offload the ball in the central channels – the Italian centres didn’t make one offload between them. But Roberts didn’t just dominate the 12 channel. When he and Scott Williams switched channels, as they did for Scott William’s try, the extra-yard of space meant that was running at arms not shoulders. You won’t stop Roberts’ with an arm alone. Unless it’s the arm of an industrial crane.Richard Hibbard impresses yet again CARDIFF, WALES – FEBRUARY 01: Mike Phillips (L) of Wales feeds a ball from the scrum during the RBS Six Nations match between Wales and Italy at the Millenium Stadium on February 1, 2014 in Cardiff, Wales. (Photo by Michael Steele/Getty Images) There was a time when Richard Hibbard’s career was blighted by question marks – particularly over his fitness. Against Italy, as with his performances of the last 12 months, Hibbard now has all the answers. He was bombastic against the Italians and is fast becoming Wales’ fourth backrow forward – as is demonstrated by his stats. Not only did he execute his core role well, Hibbard was also the packs’ second top ball carrier and tackler – he made ten tackles, missing none. But whilst Hibbard’s tackle stats are top drawer it was his array of tackles that was so impressive.Hibbard has a reputation for big, head-on shoulder hits, but against Italy he executed some remarkable diving tackles using just his arms. The power of most players tackles are usually weakened when they use just an arm, and no shoulder – not Hibbard. He’s got arms like legs and even his ‘weak’ tackles make ball carriers look like they just ran over a landmine.Changes: Wales are no longer winning penalties at scrumtimeWelsh scrum weakenedThe new post-engagement scrum protocols have definitely affected the Welsh scrummage – as we saw against Italy. This isn’t to say that the Welsh scrum was weak against Italy. It wasn’t. However, the Welsh scrum used to thrive on the ‘hit and chase’, where a weight advantage provided a significant benefit. This is no longer the case.The Welsh front row had approximately a two and half stone advantage against Italy and the Welsh pack as a whole was approximately four and a half stone heavier overall. Yet the weight advantage counted for little. The Welsh scrum was by no means an issue of grave concern. But equally it is no longer the penalty generating machine that once gave Wales an extra three or four kickable penalties per game. LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALSlast_img read more

Jonny Wilkinson and fellow stars give back to grass roots

first_imgSome of the most celebrated names in rugby got together on a blustery Sunday afternoon to give a little back to the grass roots, in advance of the Rugby World Cup LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS Former Ireland wing Shane Horgan, was on had to add some comment to proceedings. ‘Rugby is not just about the World Cup, it’s about where rugby starts, where it lives and dies. It’s a pleasure to be a part of it.” Selfie time: Some of the world’s greatest players got together for grass roots rugby Taking up the coaching duties was a man who knows a little bit about winning, Sir Clive Woodward, and he enlisted former England World Cup winner, Will Greenwood to pysch up the assembled team with former Scotland captain Kelly Brown in attendance. The players looked a little surprised at their celebrated guests, if we’re honest.With the game underway, and some penalty kicking needed, Wilkinson was on hand to bring on the kicking tee on. He was impressed with the kicker, even though he joked, he’s sure he could’ve managed it with the wind… On a windy and blustery day in Farnborough some of the world’s elite rugby players, past and present, assembled in Farborough for the game between the world’s smallest club, Racal Decca RFC and Croydon-Streatham Thirds. The aim, with the help of Land Rover, was to give a little bit back to grass roots of the game.In the pre-match prep, Jonny Wilkinson shared duties with Puma legend Felipe Contepomi in cutting up oranges for the half-time team talk.World Cup winner and current Leicester Tigers lock Brad Thorn was tasked with being the waterboy (wonder who had to tell him that was his job!) and fellow World Cup winner, and Springbok superstar Bryan Habana, put the jerseys carefully on pegs.For Wallaby and Toulon star Matt Giteau, it was his job to pump up the balls, a job he jokingly said he’d only given up last year when good friend Wilkinson retired from the game. TAGS: Highlight last_img read more

Italy vs Australia – Live stream

first_imgFriday Nov 23, 2012 Italy vs Australia – Live stream November 24th, 14:00 GMT, 15:00 local (preview screen above appears to be incorrect)After the success of last week’s Italy vs New Zealand live stream, we’re doing it again this week with Italy vs the Wallabies. It’s an official, high quality live stream which will hopefully benefit many users, particularly those in the USA, France, Canada and a few other territories.If you are unsure if you’ll be able to view it or not, check the list below, or just attempt to play it on the day. It is unfortunately not available in the following territories:IT, AE, YE, DZ, TD, EG, LY, DJ, MR, MA, SO, SD, TN, KW, BH, IR, IQ, JO, LB, OM, PS, QA, SA, SY, MY, AU, BZ, CR, SV, GT, HN, MX, NI, PA, AR, BO, BR, CL, CO, EC, FK, GF, GY, PY, PE, SR, UY, VE, FJ, UK, SG, ZA, HR, RO, NZ, ES, PT, IE*PLEASE NOTE: Feed is as incoming. Any technical glitches or problems with territory rights are nothing to do with Rugbydump and as such live support or alternative feeds will not be provided. ADVERTISEMENT Posted By: rugbydump Share Send Thanks Sorry there has been an error random Related Articles 445 WEEKS AGO Steve Hansen discusses Andrew Hore incident… 446 WEEKS AGO Catch up with Ken Cowen and School of Hard… 447 WEEKS AGO Italy vs New Zealand – Live Stream From the WebThis Video Will Soon Be Banned. Watch Before It’s DeletedSecrets RevealedUrologists Stunned: Forget the Blue Pill, This “Fixes” Your EDSmart Life ReportsYou Won’t Believe What the World’s Most Beautiful Girl Looks Like TodayNueeyGranny Stuns Doctors by Removing Her Wrinkles with This Inexpensive TipSmart Life ReportsIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier Living30+ Everyday Items With A Secret Hidden PurposeNueeyThe 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

Jacobs CFO John Prosser to Speak at Deutsche Bank Global Industrial and Basic Materials Conference

first_img More Cool Stuff Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Subscribe Make a comment Community News Your email address will not be published. Required fields are marked * Name (required)  Mail (required) (not be published)  Website  Herbeauty10 Celebrity Body Parts Insured For Ridiculous AmountsHerbeautyHerbeautyHerbeauty10 Ways To Power Yourself As A WomanHerbeautyHerbeautyHerbeauty10 Reasons Why Selena Gomez Has Billions Of FansHerbeautyHerbeautyHerbeautyThese Lipsticks Are Designed To Make Your Teeth Appear Whiter!HerbeautyHerbeautyHerbeauty9 Hollywood Divas Who Fell In Love With WomenHerbeautyHerbeautyHerbeautyA Mental Health Chatbot Which Helps People With DepressionHerbeautyHerbeauty Community Newscenter_img 9 recommended0 commentsShareShareTweetSharePin it Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS First Heatwave Expected Next Week Business News Jacobs Engineering Group Inc. invites investors and other interested parties to listen to a live webcast of its discussion at the Deutsche Bank Global Industrial and Basic Materials Conference taking place at the Westin Chicago River North Hotel in Chicago, Ill.Interested parties can listen to Jacobs Chief Financial Officer John Prosser on Wednesday, June 4 at 10:00 a.m. Central Time by going to: http://www.media-server.com/m/p/qjjxmrbcJacobs invites those interested in learning more about the company to visit its comprehensive website at http://www.jacobs.com.Jacobs is one of the world’s largest and most diverse providers of technical professional and construction services.Statements made in this release that are not based on historical fact are forward-looking statements. We base these forward-looking statements on management’s current estimates and expectations as well as currently available competitive, financial and economic data. Forward-looking statements, however, are inherently uncertain. There are a variety of factors that could cause business results to differ materially from our forward-looking statements. For a description of some of the factors which may occur that could cause actual results to differ from our forward-looking statements please refer to our 2013 Form 10-K, and in particular the discussions contained under Items 1 – Business, 1A – Risk Factors, 3 – Legal Proceedings, and 7 – Management’s Discussion and Analysis of Financial Condition and Results of Operations. We do not undertake to update any forward-looking statements made herein. faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Virtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyCitizen Service CenterPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Company News Briefs Jacobs CFO John Prosser to Speak at Deutsche Bank Global Industrial and Basic Materials Conference From STAFF REPORTS Published on Wednesday, May 28, 2014 | 12:14 pm Top of the News last_img read more

Adverse Possession- Sword cum Shield

first_imgKnow the LawAdverse Possession- Sword cum Shield K Indu Priya21 May 2020 7:02 AMShare This – xIngredients to qualify adverse possession Theory of adverse possession is inherited from the common law concepts which is approximately about 2000 years old. This has been considered as one of the harsh facets of law but has been in vogue since time immemorial. The concept of adverse possession is based on the principle that the possessor who maintains and improves the land has…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?LoginIngredients to qualify adverse possession Theory of adverse possession is inherited from the common law concepts which is approximately about 2000 years old. This has been considered as one of the harsh facets of law but has been in vogue since time immemorial. The concept of adverse possession is based on the principle that the possessor who maintains and improves the land has more valid claim to the land than the owner who never visits or cares for it. The person claiming adverse possession is required to satisfy three classic requirements which should co-exist at the same time which are – nec vi, nec clam, nec precario ie., peaceful, open and continuous. These requirements have been laid down by the Privy Council as early as 1912 in the case of Corea v. Appuhany and thereafter have been adopted as standard parameters to determine adverse possession by the Courts in India. There is no statute per se which defines the concept of adverse possession but the Limitation Act, 1963 provides for the limitation to sue and extinguishment of rights in this regard. The Act merely prescribes the period of limitation which is 12 years in case of private lands and 30 years in case of Government lands. The law thus restricts the right of the owner to recover possession within the fixed period (12/30 as the case may be) beyond which his right expires. If the owner fails to assert his right within the fixed period, upon the extinction of his right, another person who had been in possession all these years acquires prescriptive right. The intention of the statute is not to punish the owner who fails to assert his right in his property but to protect the interest of the person who has maintained the property for such time, specified in the statute. As per Section 27 of the Act, the right to property gets extinguished on the expiry of period specified for instituting a suit for possession of property and thereby his right in such property gets extinguished. A person in possession has a transmissible interest in the property and after the expiration of the stipulated statutory period it ripens as a right to possession.Details to be specified in the pleadings The person who pleads adverse possession has no equities in his favour. He has to plead and prove in unequivocal terms the essential ingredients of adverse possession. Plea of adverse possession is not a pure question of law but a blended one of fact and law. Therefore, a person who claims adverse possession should show: (a) on what date he came into possession, (b) what was the nature of his possession (c) whether the factum of possession was known to the other party (d) how long his possession has continued (e) whether his possession was open and undisturbed[1] Since the person pleading adverse possession is trying to defeat the rights of the true owner, it is for him to clearly plead and establish all facts necessary to establish his adverse possession. Animus is also an essential aspect to prove adverse possession. The same can be observed by reference to the judgment of Powell v McFarlane[2] wherein the Court had held that “if the law is to attribute possession of land to a person who can establish no paper title to possession, he must be shown to have both factual possession and the requisite intention to possess”. Mere possession does not ripen into possessory title until possessor holds property adverse to the title of the true owner for the said purpose. ‘Only as a shield’:Earlier the Supreme Court in the year 2014, in Gurudwara Sahab v. Gram Panchayat Village Sirthala[3] had ruled that the plea of adverse possession can be used only as a shield by the defendant and not as a sword by the plaintiff. The Court specifically stated that no declaration can be sought for on the basis of adverse possession as such a plea can be raised only by the defendant. Therefore it was made clear that although the possession of a person had ripened into ownership by virtue of adverse possession, he cannot file a suit seeking for a declaration declaring his title based on his prescriptive right and he could only use it as a defense. Thus the plea of adverse possession is available only to the defendant as a defense against the plaintiff. This legal proposition laid down in 2014 by the Apex Court was relied by the same Court in State of Uttarakhand v. Mandir Shri Lakshmi Siddh Maharaj[4] and Dharampal (dead) through LRs v. Punjab Wakf Board[5]. The Supreme Court once again rekindled the most contentious question of whether a person claiming title by virtue of adverse possession can maintain a suit under Article 65 to Schedule I of Limitation Act, 1963 for declaration of title and for permanent injunction in order to protect his possession and answered the same in affirmative in the case of Ravinder Kaur Grewal vs Manjit Kaur and thereby over ruled the proposition laid down earlier in the case of Gurudwara Sahab v. Gram Panchayat Village Sirthala and the decision relying on it in State of Uttarakhand v. Mandir Shri Lakshmi Siddh Maharaj and Dharampal (dead) through LRs v. Punjab Wakf Board. Present position: The Supreme Court in the case of Ravinder Kaur Grewal vs Manjit Kaur has elaborated upon the contour of Article 65 to Schedule I of the Limitation Act, 1963. The Court interpreted Column III of Article 65 of the Act by stating that there is absolutely no bar for the plaintiff to file a suit for possession of immovable property or interest thereon acquired by virtue of adverse possession. The IIIrd column of the Act reads as follows: ‘when the possession of the defendant becomes adverse to that of the plaintiff’. The Court gave an interpretation with a different dimension by stating that the column III nowhere suggests that plaintiff who has perfected title on the basis of adverse possession cannot sue to evict a person or protect his possession. The Court had interpreted “for possession of immovable property or any interest therein based on title” in the opening part of Article 65 to include title acquired by plaintiff by way of adverse possession. The Court opined that once the right, title or interest is acquired it can be used as a sword by the plaintiff as well as a shield by the defendant within the ken of Article 65 of the Act and any person who has perfected title by way of adverse possession, can file a suit for restoration of possession in case of dispossession. The Court reiterated that neither possession as trespasser nor long possession is synonymous to adverse possession. Therefore, it has been laid down in categorical terms that the plaintiff who has perfected title through adverse possession can sue and maintain a suit. The Court further ruled that with respect to encroachment in properties ear marked for public utilities, such rights should not accrue and an exception must be carved out in the statute with respect to such properties.Article 65 of Schedule I of Limitation Act, 1963 Description of suit: 65. For possession of immovable property or any interest therein based on title. Explanation : For the purposes of this article- Where the suit is by a remainderman, a reversioner (other than a landlord) or a devisee the possession of the defendant shall be deemed to become adverse only when the estate of the remainderman, reversioner or devisee, as the case may be, falls into possession; Where the suit is by a Hindu or Muslim entitled to the possession of immovable property on the death of a Hindu or Muslim female, the possession of the defendant shall be deemed to become adverse only when the female dies; Where the suit is by a purchaser at a sale in execution of a decree when the judgement-debtor was out of possession at the date of the sale, the purchaser shall be deemed to be a representative of the judgement- debtor who was out of possession Period of limitation Twelve Years Time from which period begins to run When the possession of the defendant becomes adverse to the plaintiff Parting remarks: The Courts in general have been very critical about the concept of adverse possession. This law is considered to be extremely draconian to the true owner and a blessing to the dishonest person who has taken possession of the property. The law impliedly favours the person who clandestinely acquires the property of the true owner in contravention of the law. The Courts have at several occasions expressed their disapproval of the law that legitimizes the possession of a rank trespasser thereby compelling the owner to lose his possession only because of his inaction in taking back the possession within the period of limitation. The Supreme Court in Hemaji Waghaji v. Bhikhabhai Khengarbhai Harijan & Ors[6] and State of Haryana v. Mukesh Kumar[7] severely deprecated the concept of adverse possession and in the latter case opined that the Parliament must seriously consider at least abolishing “bad faith” adverse possession, i.e., adverse possession achieved through intentional trespassing. The principle of adverse possession sends a wrong message to the society as it emboldens the acts of rank trespassers and squatters in property. There were also recommendations from across the spectrum of legal fraternity to increase the limitation period to 30 and 50 years instead of merely 12 and 30 years respectively. This long period would not only diminish the suits filed or plea taken based on adverse possession but also ensure that those who advance such claims are only those who are intimately connected with the land. This law has always been frowned upon and considered that it necessarily needed a re-look as it was archaic in nature. However the recent judgment of the Supreme Court in Ravinder Kaur Grewal vs Manjit Kaur has put to rest the constant skepticism of the concept being irrational and illogical. This clarification from the Apex Court in turn is going to witness a sizable hike in the parties or rather encroachers approaching the Court to assert their rights. Once, single edged, now a double edged arsenal, one needs to wait to perceive the repercussions of the latest pronouncement of the Supreme Court. (The author is an Advocate practicing at the Madras High Court and may be reached at [email protected]) [1] (2004) 10 SCC 779 [2] (1979) 38 P & CR 452 [3] (2014) 1 SCC 669 [4] (2017) 9 SCC 579 [5] (2018) 11 SCC 449 [6] (2009) 16 SCC 517 [7] (2011) 10 SCC 404 Next Storylast_img read more

BREAKING : Centre Notifies GNCTD Amendment Act Increasing Powers Of Delhi LG With Effect From April 27

first_imgTop StoriesBREAKING : Centre Notifies GNCTD Amendment Act Increasing Powers Of Delhi LG With Effect From April 27 LIVELAW NEWS NETWORK27 April 2021 9:11 PMShare This – xThe Central Government on Wednesday notified the Government of National Capital Territory of Delhi(Amendment) Act 2021, which enhances the powers of Lieutenant Governor of Delhi over the elected government of Delhi, with effect from April 27.The law gives sweeping powers to the Lieutenant Governor of Delhi by declaring him to be the “Government of Delhi”. It also provides that the opinion of the LG “shall be obtained” on all such matters as may be specified by the LG, before taking any executive action on decisions of the Council of Ministers of the Delhi Government.It is pertinent to note that the notification comes at a time when the Centre and Delhi Government are sparring against each other over issues related to COVID19 pandemic in the national capital, including the supply of medical oxygen in hospitals. The Parliament had passed the contentious bill on March 24. BREAKING : Central Government notifies the GNCTD(Amendment) Bill 2021 with effect from April 27. The amendment says that the “Government of Delhi” means the “Lieutenant Governor of Delhi”[email protected] @LtGovDelhi pic.twitter.com/FeeMDbWKWu— Live Law (@LiveLawIndia) April 28, 2021 Salient features of the Act The Act amends the GNCT of Delhi Act, 1991, a legislation that provides framework for functioning of the Delhi Legislative Assembly and re-defines Delhi Government as the Lieutenant Governor (LG). It curbs the Delhi Assembly’s power to conduct its proceedings as per the rules of procedure made by it. It provides that the Rules made by the Delhi Legislative Assembly to regulate the procedure and conduct of business in the Assembly must be consistent with the Rules of Procedure and Conduct of Business in the Lok Sabha. The Bill also prohibits the Legislative Assembly from making any rule to enable itself or its Committees to: (i) consider the matters of day-to-day administration of the NCT of Delhi and (ii) conduct any inquiry in relation to administrative decisions. Further, any provision in force having the above said effect will be void. Further, the Bill provides that the opinion of the LG must be obtained before taking any executive action on decisions of Delhi Government, on such matters as may be specified by the LG. Comparison with Supreme Court Constitution Bench judgment This last leg of the Bill, requiring the Government to mandatorily seek the Lieutenant Governor’s opinion on the matters so specified by him may be contrasted with the observations made by the Supreme Court in GNCT of Delhi v. Union of India & Anr. (commonly known as Delhi v. LG case). Delineating the boundaries of power between the Lieutenant-Governor and Delhi Government in the said judgment, the Supreme Court had held that the LG cannot interfere in each and every decision of the Delhi Government, and that the LG is bound by the aid and advise of the Council of Ministers of the Delhi Government, except in matters of land, police and public order. The Constitution Bench comprising of then CJI Dipak Misra, Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan had ruled that “LG is an administrative head in the limited sense, and is not a Governor. He is bound by the aid and advise of NCT Government in areas other than those exempted”, The Top Court had observed that the elected representatives and the Council of Ministers of Delhi, being accountable to the voters of Delhi, must have the appropriate powers so as to perform their functions effectively and efficiently. It was held that the Parliamentary form of government is based on principle of “collective responsibility” of the cabinet. “If a well deliberated legitimate decision of the Council of Ministers is not given effect to due to an attitude to differ on the part of the Lieutenant Governor, then the concept of collective responsibility would stand negated,” the Supreme Court had held. The Constitution bench added that the real purpose behind the Constitution (Sixty­-ninth Amendment) Act, 1991, which inserted Section 239AA (Special provisions with respect to Delhi) and paved way for setting up an elected Government in the Union Territory was “to establish a democratic setup and representative form of government wherein the majority has a right to embody their opinion in laws and policies pertaining to the NCT of Delhi subject to the limitations imposed by the Constitution.” It was held that to realize this real purpose, it is necessary to give a purposive interpretation to Article 239AA so that the principles of democracy and federalism which are part of the basic structure of the Constitution are reinforced in NCT of Delhi in their truest sense. “The exercise of establishing a democratic and representative form of government for NCT of Delhi by insertion of Articles 239AA and 239AB would turn futile if the Government of Delhi that enjoys the confidence of the people of Delhi is not able to usher in policies and laws over which the Delhi Legislative Assembly has power to legislate for the NCT of Delhi,” the order stated. Parliamentary Debate In this backdrop, many members opposed the Bill. Leader of Opposition in the House, M. Mallikarjun Kharge said that the Government is trying to seize the powers of elected representatives in Delhi in order to run a “proxy Government” by handing over all the powers to a nominated LG. He said that such centralization of power is against the Constitutional principles and the Bill must be referred to a Select committee for scrutiny. MP from a constituency of Delhi, Sanjay Singh strongly opposed the Bill as being unconstitutional. He referred to Article 239AA(6) of the Constitution which states that “the Council of Ministers shall be collectively responsible to the Legislative Assembly”. He said that this being the position of the Constitution, there is no scope for the Government to make the Council of Ministers responsible to the LG by seeking his opinion for implementation of its orders. Remarks by Senior Advocate Abhishek Manu Singhvi Senior Advocate Abhishek Manu Singhvi, who is also a member of the Parliament, vehemently opposed the Bill. “This is the most pernicious, most unconstitutional Bill which this House has ever received,” he said at the outset. He emphasized that Delhi was especially inserted Constitutionally by Article 239AA which provided that it should be a full state and all provisions that apply to a State shall apply to Delhi. This is barring the power to legislate upon matters of public order, police and land. He told the House that he appeared before the Supreme Court in Delhi v. LG case and will cite certain excerpts from the Constitution Bench judgment that will demonstrate that the Bill in question tries to nullify the effect of that judgment. He quoted: “A conjoint reading of Article 239AA (3) (a) and Article 239AA(4) reveals that the executive power of the Government of NCT of Delhi is co­extensive with the legislative power of the Delhi Legislative Assembly which is envisaged in Article 239AA(3) and which extends over all but three subjects in the State List and all subjects in the Concurrent List and, thus, Article 239AA(4) confers executive power on the Council of Ministers over all those subjects for which the Delhi Legislative Assembly has legislative power” (emphasis supplied). He further quoted, “Article 239AA(4) confers executive powers on the Government of NCT of Delhi whereas the executive power of the Union stems from Article 73 and is co­extensive with the Parliament’s legislative power. Further, the ideas of pragmatic federalism and collaborative federalism will fall to the ground if we are to say that the Union has overriding executive powers even in respect of matters for which the Delhi Legislative Assembly has legislative powers. Thus, it can be very well said that the executive power of the Union in respect of NCT of Delhi is confined to the three matters in the State List for which the legislative power of the Delhi Legislative Assembly has been excluded under Article 239 AA (3) (a)” (emphasis supplied). Singhvi further read the Supreme Court judgment: “The Lieutenant Governor has not been entrusted with any independent decision­making power. He has to either act on the ‘aid and advice’ of Council of Ministers or he is bound to implement the decision taken by the President on a reference being made by him.” He remarked that the Bill is not only against Article 239AA of the Constitution but is also opposed to the Supreme Court judgment and the principles of Federalism. He added that Cause 4 of the Bill precludes the Delhi Legislative Assembly from considering matters of day-to-day administration of the Capital or from conducting inquiries in relation to administrative decisions. This he said, is against Entry 39 in List II under Schedule VII of the Constitution which provides that powers of Legislative Assembly are within the domain of the State Government. With respect to the provision requiring LG’s opinion before implementation of Government’s decisions, Singhvi said that it is against sub-clause 6 under Article 239AA of the Constitution which states that the Council of Ministers shall be collectively responsible to the Legislative Assembly. “But this Bill says that everyone will be responsible to LG. This is direct contradiction,” Singhvi remarked. Government’s reply Union Minister G Kishan Reddy claimed that the Bill does not propose to bring any Constitutional amendment. He insisted that the Bill only seeks to clear certain ambiguities in the law. Reddy claimed that that the Bill neither takes away any right from the Delhi Government nor it confers any new rights on the LG. He said that the proposed amendments are to clarify the points raised after directions from the Supreme Court. “The Honorable Court said it is incumbent on Delhi Government to inform the Lieutenant Governor of its decisions. Some clarification is needed as it is affecting the citizens. It is necessary to remove the administrative uncertainties…It will improve administrative functioning,” he said. BJP MP Bhupender Yadav insisted that Delhi is not a full-fledged State. He said that the territory is essentially a Union Territory whose head, as declared under the Constitution, is the LG. He stated that the proposed amendments to the 1991 Act are in line with General Clauses Act, 1897, which states that the head of the Central Government is the President and that of the State Government is the Governor. He said that since Delhi is a union territory, its head shall be the LG by the same analogy. So far as proposed restrictions on the powers of the Delhi Legislative Assembly are concerned, he said that the same are only being standardized by bringing them in line with the Lok Sabha rules as part of “good governance”. He clarified that the Delhi Assembly Committee may look into Bills, Budgets, etc. However, it cannot look into day-to-day administration of the Government. “If Committee starts looking into criminal cases, what happens with powers of executive police,” he asked. He stated that the Supreme Court in its judgment said that the LG needs to be informed of all the decisions that are made by the Council of Ministers. He insisted that the Bill is simply intended to give effect to that observation. Click Here To Download BillTagsGNCTD Amendment Bill Lieutenant Governor Delhi LG CM Arvind Kejriwal Delhi government Next Storylast_img read more

Bishop of Raphoe responds to abused sisters’ statement

first_img Twitter WhatsApp Bishop of Raphoe responds to abused sisters’ statement Facebook AudioHomepage BannerNews Pinterest Loganair’s new Derry – Liverpool air service takes off from CODA WhatsApp Previous articleMan knocked unconscious in Letterkenny assaultNext article92 Donegal groups receive Community Enhancement funding News Highland Google+ Pinterest Google+center_img By News Highland – January 3, 2020 Nine til Noon Show – Listen back to Monday’s Programme The Bishop of Raphoe has acknowledged that the Catholic Church failed victims of abuse, and by today’s standards, dealt with such situations in a way that was “tragically bad”.Bishop Alan McGuckian was speaking after two Fanad sisters who were abused by a priest in the 1970s issued a comprehensive statement this week asking who else knew of the abuse they suffered.The sisters were aged eight and twelve respectively when they were abused by Fr Con Cunningham, who was convicted of a number of sexual offences in 2018. Their case did not form part of that trial.They met with the then Bishop of Raphoe Seamus Hegarty and made a comprehensive statement to him in 1994, and in 2002, they met with Bishop Philip Boyce on a number of occasions, and also gave statements to gardai.On today’s Nine til Noon Show, Bishop McGuckian today acknowledged that the then Bishop Seamus Hegarty believed the sisters, but said the priest was not removed from ministry because the guidelines and protocols there now were not in place at the time.Bishop Mc Guckian said outstanding issues need to be dealt with through a statutory process…………Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2020/01/bishopraw.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Facebook Important message for people attending LUH’s INR clinic Twitter Publicans in Republic watching closely as North reopens further Arranmore progress and potential flagged as population grows Community Enhancement Programme open for applications RELATED ARTICLESMORE FROM AUTHORlast_img read more

Close