Deco Pattern House / Peter Kostelov

first_imgArchDaily Korea, Republic of Year:  Deco Pattern House / Peter KostelovSave this projectSaveDeco Pattern House / Peter Kostelov Save this picture!© Zinon Razutdinov+ 26 Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/406354/deco-pattern-house-peter-kostelov Clipboard Houses CopyAbout this officePeter KostelovOfficeFollow#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesTverHousesRussiaPublished on July 26, 2013Cite: “Deco Pattern House / Peter Kostelov” 26 Jul 2013. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogMetal PanelsAurubisCopper Surface: Nordic DécorGlassMitrexSolar PanelsPanels / Prefabricated AssembliesTechnowoodPanel Façade SystemSealantsAGROB BUCHTALHow To Benefit From Ceramic Tiles With Hytect SurfaceSignage / Display SystemsGoppionDisplay Case – Q-ClassFacade SystemsTrimoTrimoterm FTV in the BASE – Backing wallSkylightsVELUX CommercialModular Skylight Ridgelight in Office BuildingDoorsVEKAFront Doors – SOFTLINECurtain WallsRabel Aluminium SystemsMinimal Curtain Wall – Rabel 35000 Slim Super ThermalResidential ApplicationsULMA Architectural SolutionsVentilated Facades on Building in PamplonaDoorsLibartVertical Retracting Doors – Panora ViewAccessories / TV MountsYellow Goat DesignScreens – BlossomMore products »Save想阅读文章的中文版本吗?装饰图案住宅 / Peter Kostelov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 Year:  photographs:  Zinon RazutdinovPhotographs:  Zinon RazutdinovSave this picture!© Zinon RazutdinovText description provided by the architects. This house is the second after the bigger cottage on the same plot. It is the guests’ house. Apart from living room and a kitchen there are two bedrooms, toilet with shower, a work shop and a storage. There is also a veranda and a garage for two cars. This house faces the bigger cottage. Its facade is richly decorated, which is sure to ennoble the plot and makes an attractive view if to look out of the bigger cottage.The house’s dimension is due to the size of the plot – 21 meters long and 6 meters wide which is corresponding to the minimal size for two cars parking. Each of the two rather small bedrooms has kingsize beds, office zones and storage place for guests’ comfortable staying. Shower and toilet are next to the entrance. The living room is between two bedrooms. There are also a small kitchen, dining room and a divan area. Open air veranda with its small window for airing is under the housetop of the building. As for the workshop it is isolated so that the residents wouldn’t disturb the guests.Save this picture!© Zinon RazutdinovThe idea of the house decorations is recognizable for Russian style: a lot of decorative elements placed around windows and doors. Simple shapes and classical decorative elements should have created harmony. Walls are cut into segments and differ from each other in size of trimming wooden elements, color and texture all of which create moving background. Above them decorative elements – trims and shutters are fixed. Joints of linings and threads are covered with crosswise planks fixed with visible zinc screws creating a bulge effect on simple shape of facade. Ornament of decorative elements is graphically processed. Oval elements are removed from it. The ornament seems to consist of enlarged pixels bringing modern computer origin of decor. Similar drawings used to be seen on ornaments embroiled on tissues and were copied and multiplied like patterns framing the edges of the shape.Save this picture!© Zinon RazutdinovFoundation is like a belt made of channel and is based on steel piles screwed evenly every 3 meters. Roof made from metal panels. Frame and panel technology is implemented in building of this house with timber 50 х 150 mm, insulation, hydro and wind proof pellicle and wooden trimming of both sides of walls. Decorative elements are made of water proof plywood of 15 mm. thick.Save this picture!PlanProject gallerySee allShow lessCasa Bauzà / Miquel Àngel LacombaSelected ProjectsKindergarden between Palms in Los Alcazares / Cor & AsociadosSelected Projects Share Projects Architects: Peter Kostelov Area Area of this architecture project ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/406354/deco-pattern-house-peter-kostelov Clipboard 2013 2013 “COPY” CopyHouses•Tver, Korea, Republic of “COPY” Photographs Area:  126 m² Area:  126 m² Year Completion year of this architecture project Deco Pattern House / Peter Kostelovlast_img read more

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Moving Landscapes / Matharoo Associates

first_img Project Team:Gurjit Singh Matharoo, Professor MC Gajjar, Avneesh Tiwari, Mohit Maru, Irene Giubinni, Shilpa SushilClient:Mr. Trilok GoyalLandscape Architect:Vagish NaganurStructural System:Concrete walls and Slabs, Steel columnsSite Area:3500 sq mArchitect In Charge:Gurjit Singh MatharooCity:AhmedabadCountry:IndiaMore SpecsLess SpecsSave this picture!© Edmund SumnerRecommended ProductsDoorsLinvisibileLinvisibile Curved Hinged Door | AlbaWindowsOTTOSTUMM | MOGSWindow Systems – BronzoFinestra B40Enclosures / Double Skin FacadesAlucoilStructural Honeycomb Panels – LarcoreEnclosures / Double Skin FacadesFranken-SchotterFacade System –  LINEAThe idea for moving landscape germinated from stumbling upon a stone, Bidasar Forest, that possesses an impression, as if, of tropical arid landscape fossilized within itself. Its polished surfaces against the native verdure of the Ahmedabad region made for the perfect setting, blurring the lines between reality and illusion.Save this picture!© Edmund SumnerThe nations booming economy in the last decade has made individual houses accessible to a larger section of society. Coupled with the demand for an independence that protects individuality, the age old tradition of joint family living has disintegrated into small nuclear families. Despite this change of cultural attitude in the present Indian context, a large number of families, bound by family business and obliged by traditional ingrained values, still choose to live together. Whilst this allows them to benefit from shared responsibility across generations, it often leads to the creation of autonomous suites within a house that isolates families even under the same roof. The challenge therefore lies in simultaneously integrating the requirements of these opposing lifestyles – making it equally imperative to provide opportunities for communal collision, while providing privacy.Situated on the outskirts of Ahmedabad, the house is meant to accommodate one of the city’s most prolific real-estate developers and his wife, along with his two sons’ families and extended visiting members. The client also shares the grounds with his two other brothers’ houses and their joint families in a large 20000 m2 plot.Save this picture!© Edmund SumnerThe plan of the house is interpreted as a linear pavilion, ensuring that every space in the house is lined with glass on the facing sides – the first enclosure. The rest of the structure is in 200mm thin walls in concrete, eliminating the need for any beams and columns and making for cleanest interior volumes. Additionally, this saves constructed dead space by about 3% and for the 18,000 total covered area, this equals to 540 sq.ft or the size of an average sized room.This pavilion is oriented around the margin of the site as three wings. The flanks holds the house’s private spaces with suites for each of the sons’ families, while the central one hosts the living space for all communal activities. The residual corner voids by the turning of the blocks, are snugly protected by tall circular walls to form smaller sheltered spaces – while one cradles the houses’ utility space, the other acts as a court distant from the joint families gaze. These also carry the staircases and lift, rendering outer spaces clear of all encumbrances for the Bidasar drama to unfold. The composition as a whole footprint defines a large multi family courtyard at the heart of the site.Save this picture!© Edmund SumnerThe second enclosure is a layer of massive 15’ high, 9’ wide and 1’6”mm thick Bidaser stone walls along the entire perimeter – an impregnable shell. Akin to the amethysts hard exterior cracking open to reveal its crystalline heart, at the push of a button, this imposingly heavy stone wall cracks open, as it becomes an array of panels spinning gently about their centres or sliding away to reveal a transparent cocooned interior. Can be employed at will whenever desired and dissolved when not.Save this picture!Plan / ElevationThis layer of stone panels help create a buffer between the inside and the outside, protecting the inner layer shell of concrete and glass from intense sun light and 45o heat, thereby reducing the total heat gain on the air-conditioning. Moreover, this space doubles up as passages, verandahs, entrance vestibule and circulation space, and also as protection from rain, eliminating the need for air-conditioning in 8000sq.ft out of a total of 18000 habitable space. This saving is substituted with enhanced living and direct contact with nature in what we term as value architecture.Save this picture!© Edmund SumnerSavings from the air-conditioning and sealing the house, is then channelled into making inhouse custom designed motorized pivots and giant sliding systems. Architecturally and structurally both, this entire layer is kept completely detached from the inside structure, almost as a heat buffer, and is only supported on hidden structures within in the sliding and pivoting systems, making for the awe in having thick concrete slabs floating on moving stones.Save this picture!© Edmund SumnerLights are machined out of alabaster stone providing for the most natural ambience. Most furniture is bought out from various design houses in Italy and a sole bar table is one custom designed by the Architects. It is a 3 dimensional mobius strip in stainless steel, locally fabricated, that can be subject of discussion and intellectual discourse after a couple of drinks. Lights and water under the moving walls light the water to make the heavy stones appear floating on water.Toilets too open on opposite ends and the water closet, the shower and the basin, all three are positioned on 3 side of the duct, the fourth side left for easy service access and ventilation to the duct from outside.To carry on with the material & weight amazement further the thick concrete basin counter is cantilevered from the floor to ceiling mirror. In line with the same philosophy of the easy maintenance and serviceblity AC units have been kept on the roof with just holes cut in slab for blower. This approach of integrating the services and interiors in construction itself doesn’t only make it easy to service; it also saved a lot of time off construction. The entire building was ready in 18 months time from start to furnish.Save this picture!© Edmund SumnerResonating with the harshest aspects of nature, in motion, these walls intermingle with the glass inside and the wild landscape outside, the third enclosure, to sometimes allow a glimse of the outdoors, sometimes reflect it and sometimes reflecting themselves. It is in this layering of space and screen, the houses’ entire envelope becomes an interface to mediate between the artifice of the inside and verdant site outside.Save this picture!© Edmund SumnerThe houses environs look deep inside their interior, as the house merges into an illusion of landscape constantly moving that we sometimes catch ourselves reflecting amongst, reflecting on the nature both within us and outside of us. The epitome of their experience is to be found at the entrance passage of the house, where all of these reflections find the surface of water to make the landscape a truly moving one.Text: Robert Taylor & Trisha PatelProject gallerySee allShow lessEID Ground / Allies and MorrisonSelected ProjectsST Nursery / HIBINOSEKKEI + Youji no ShiroSelected Projects Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/791361/moving-landscapes-matharoo-associates Clipboard Houses Area:  1900 m² Year Completion year of this architecture project Architects: Matharoo Associates Area Area of this architecture project Save this picture!© Edmund Sumner+ 19 Share CopyAbout this officeMatharoo AssociatesOfficeFollowProductsStoneConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesAhmedabadIndiaPublished on July 15, 2016Cite: “Moving Landscapes / Matharoo Associates” 14 Jul 2016. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Read commentsBrowse the CatalogPanels / Prefabricated AssembliesTechnowoodPanel Façade SystemRailing / BalustradesMitrexIntegrated Photovoltaic Railing – BIPV RailingMetal PanelsAurubisPatinated Copper: Nordic Green/Blue/Turquoise/SpecialPlastics / FibersRodecaTranslucent Building Elements in Downton Primary SchoolSkylightsVELUX CommercialModular Skylights – LonglightBathroom FurnitureBradley Corporation USAToilet Partition CubiclesSignage / Display SystemsGoppionDisplay Case – One-offAcousticFabriTRAK®FabriFELT™ for Walls and CeilingsBoardsStructureCraftStructural Panel – Dowel Laminated TimberThermalSchöckInsulation – Isokorb® Concrete to SteelDoorsJansenSmoke Control Door – Economy 60Louvers / ShuttersShade FactorExternal Venetian BlindsMore products »Read commentsSave想阅读文章的中文版本吗?移动的景观 / Matharoo Associates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 Harshad Jhaveri & Associates Matharoo Engineers, Rajendra Singh Matharoo, Hitesh Rathi CopyHouses•Ahmedabad, India Moving Landscapes / Matharoo AssociatesSave this projectSaveMoving Landscapes / Matharoo Associates “COPY” Year:  “COPY” 2012 Shree Ram Builders Manufacturers: Artemide, EDRA, MDF Italia, Casina, Flow ArchDaily Structural Engineers: Interior Designer: Matharoo Associates Photographs Moving Landscapes / Matharoo Associates General Contractor: ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/791361/moving-landscapes-matharoo-associates Clipboard Projects India Photographs:  Edmund Sumner , Matharoo Associates Manufacturers Brands with products used in this architecture project Mechanical Engineer: last_img read more

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MILU / Qatarchitecten

first_img “COPY” ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/867665/milu-qatarchitecten Clipboard Projects 2016 Photographs ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/867665/milu-qatarchitecten Clipboard Products translation missing: en-US.post.svg.material_description Manufacturers: Formica, Reynaers Aluminium, DuPont, Novy, Afromosia, Formica
, Schalieberd, messing, resin floor ArchDaily MILU / Qatarchitecten Save this picture!© Luc Roymans+ 43 Share Products used in this ProjectWindowsReynaers AluminiumWindow Systems – CS 77Long Cabinet Design:Filip JanssensArchitect In Charge:Quirijn ThijsCity:GhentCountry:BelgiumMore SpecsLess SpecsSave this picture!© Luc RoymansText description provided by the architects. Essentially, the detached 3-level house, originally built in 1936, asked for a thorough reconversion. A hotchpotch of rooms, most of them low on natural light, made the house lack spatiality and gave it a rather closed, introvert feeling. Save this picture!© Luc RoymansSave this picture!Floor PlanSave this picture!© Luc RoymansHowever, it was the habitable area of 470 m², the garden and the location in the residential area of the city center of Ghent, quiet but close to traffic interchanges, that persuaded the owners to buy this property. Bringing daylight into the house and creating a link with the garden was the first requirement, next to adapting the outdated house to contemporary living standards.Save this picture!© Luc RoymansThe owners, a family with three playful boys, love spending time outside and like to have a barbecue in summer as well as in winter time. Therefore, an extension in glass and concrete was added to the rear part of the house, almost ‘crawling’ out of the house into the garden, reorienting the life on the garden and ensuring a direct contact with it. Its 6-meter accordion window can be opened completely, blurring the boundaries between the inside and the outside. Even when it’s raining, this is a pleasant place to sit and enjoy a Gin & Tonic with an open air feeling.   Save this picture!© Luc RoymansKitchen and dining area were designed in this rear part. Given the north-facing orientation of the garden, the wall-to-wall window enables a constant daylight admission into the core living areas of the house. Save this picture!© Luc RoymansThe extension was carried out in rough, timber shuttered concrete, true to the traditional technique. Being both striking and yet unassuming at the same time, this material creates an honest and timeless look and doesn’t withdraw the attention from the essence. To balance the cold grey of the concrete, timber cladding was chosen to give the façade a sense of warmth. The interplay between the straightforwardness of the concrete and the warmth of the wood lends the extension a timeless character. Partly for the privacy of the owners, the timber cladding hides a window and a door giving access to the storage room, as well as a cabinet for the owner’s Tesla Wall Connector.  Save this picture!Design wall-cabinet: Filip Janssens. Image © Luc RoymansOn top of the extension, a green roof with wildflowers was provided. On the first floor, this results in a view lending an emphasis to the (visually) extended garden.Save this picture!© Luc RoymansInside the existing house, dividing walls have been opened up to reallocate the rooms. In order to maintain the unique character of the house, original features such as marble tiles, wooden floor boards, steel profiles, old doors and cabinets have been retained or reused wherever possible.Save this picture!© Luc RoymansAs for the replacement of the original windows, wood was the material of preference, allowing the architect to design a unique frame profile, including a shadow gap which gives the windows a more elegant appearance.Save this picture!© Luc RoymansThe existing house is a robust volume made out of masonry, with small windows. The extension was carried out in rough, timber shuttered concrete, true to the traditional technique. Save this picture!© Luc RoymansAlso at the interior of the house this timber shuttered concrete was used for the new structural walls. Being both striking and yet unassuming at the same time, this material creates an honest and timeless look and doesn’t withdraw the attention from the essence.Save this picture!© Luc RoymansProject gallerySee allShow less3 Top Architects Selected to Design Community-Oriented Housing Library Developments …Architecture News5 Fun Easter Eggs Hidden in Gothic ArchitectureArticles Share Year: center_img Structural Engineer: Area:  470 m² Year Completion year of this architecture project “COPY” CopyAbout this officeQatarchitectenOfficeFollowProductsConcreteBrick#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesRefurbishmentGhentBelgiumPublished on March 24, 2017Cite: “MILU / Qatarchitecten” 24 Mar 2017. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogSinkshansgroheBathroom Mixers – Metropol ClassicVinyl Walls3MVinyl Finish – DI-NOC™ Abrasion ResistantPartitionsSkyfoldChoosing the Skyfold Wall for Your SpaceCarpetsB&B ItaliaCarpet – TwistBeams / PillarsLunawoodThermowood Frames and BearersMembranesEffisusHow to use Fire Protection MembranesSoftware / CoursesSculptformSpecification Tool – Price and Spec AppFittingsHOPPEFloor Spring – AR2950DoorsLinvisibileLinvisibile FILO 10 Vertical Pivot Door | BrezzaWood Boards / HPL PanelsInvestwoodViroc Nature for False Ceilings and FlooringFiber Cements / CementsDuctal®Textured PanelAcousticConwedAcoustic Panels – Eurospan®More 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 Belgium UTIL Struktuurstudies Houses Photographs:  Luc Roymans Manufacturers Brands with products used in this architecture project CopyHouses, Refurbishment•Ghent, Belgium Architects: Qatarchitecten Area Area of this architecture project MILU / QatarchitectenSave this projectSaveMILU / Qatarchitectenlast_img read more

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Turban offers soft sell

In March UK Fundraising featured the case of a Sikh businessman selling commercial advertising space on his turban in aid of charity. We now hear that Bharat Sagar raised £10,000 in three days for Shelter by sporting the dot.com logos of eloan.com, rbs.co.uk and firstactive.co.uk. AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 14 June 2000 | News  16 total views,  2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Turban offers soft sell 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

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Bursaries available for fundraisers in January 2020

first_imgInstitute of Fundraising membershipThe Institute of Fundraising South West group is also offering 10 bursaries to reduce the fee of becoming an associate member of the Institute of Fundraising.This reduces the price to £30, compared to the standard price of £132.The same offer is available from the Institute of Fundraising North East group. Tagged with: arts bursary diversity professional development  223 total views,  1 views today Howard Lake | 27 January 2020 | News Advertisement 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. Regional conferencesSome groups like the Institute of Fundraising West Midlands offer a bursary to attend their annual regional conference.Digital conferenceCharity Digital News is offering a travel bursary to attend its BeMoreDigital 2020 conference. TrainingThe Institute of Fundraising South West group also offers a variety of training bursaries to members. These can be used for courses including the Certificate or Diploma in Fundraising, and Institute of Fundraising training courses.The Institute of Fundraising North East group has also introduced a training bursary. The Researchers in Fundraising group offers at least one bursary place for every RiF training course “and we are able to cover travel/accommodation costs when needed”. Quite a few bursaries are for events or courses that started in January 2020. For example the Institute of Fundraising North West offered two bursaries for one third of the cost of the IoF Future Leaders Programme to be delivered in Manchester starting in January 2020. These might be annual awards so it is worth checking with the providers whether the bursaries will be offered in just under a year’s time.Similarly the Institute of Fundraising Major Donor group has provided training bursaries in the past, with no current ones listed. Cultural Sector Network ConferenceThe Cultural Sector Network of the Institute of Fundraising is offering bursaries for members to attend the Cultural Sector Network Conference, “the biggest arts fundraising conference in Europe”.The deadline for applications is imminent – 9am on 27 January! Other bursariesThe FSI does have bursaries for its small charity members from time to time but doesn’t list any currently. Prospect research in fundraising conferencesThe Researchers in Fundraising group offer bursary places for its annual conference, held every November in London. It can cover travel/accommodation costs where needed.It is also offering up to two places for people from the UK prospect research community a place at the APRA Conference that will place at the Omni Shoreham Hotel in Washington, D.C. 4-7 August 2020. The closing date for applications for these is Friday 24 April 2020. AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis2 National Fundraising Convention 2020The Institute of Fundraising South West group is offering members three Convention bursaries in 2020. These are available to fundraisers working for a small to medium-sized charity.The bursaries are designed to support fundraisers working for a small to medium sized charity in the South West to attend one day of the Fundraising Convention.Apply for a IoF South West National Fundraising Convention 2020 by 5pm on 31 March.  224 total views,  2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis2 DiversityThe Chilterns Group of the Institute of Fundraising has created a bursary to help encourage diversity within the fundraising profession, in support of the Change Collective. It offers free attendance at the group’s afternoon training workshops.It it is open to those at a charity that:generates less than £100,000 per yearare a sole fundraiserfeel like people similar to you are underrepresented in fundraising. Attending fundraising conferences or training courses can be a challenge if you work as a sole fundraiser or for a charity that does not provide a sufficient training budget. Fortunately there are various groups and organisations offering bursaries to help fundraisers in this position.Here is a current selection of those which we have spotted. Most are open to members of the groups providing the bursaries, but some are open to any eligible fundraiser. Bursaries available for fundraisers in January 2020 Crispin Ellison Bursary AwardBursary offered of up to £1000 worth of legacy giving training Editor’s update 29 January 2020, 12.39The deadline has been extended until 9am on 30 January:last_img read more

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Two journalists fall foul of local authorities in Chelyabinsk region

first_img May 21, 2021 Find out more July 10, 2014 – Updated on January 20, 2016 Two journalists fall foul of local authorities in Chelyabinsk region RussiaEurope – Central Asia News Receive email alerts June 2, 2021 Find out more Russian media boss drops the pretence and defends Belarus crackdown Follow the news on Russia RSF_en May 5, 2021 Find out more News News News to go further “Given the disputes between the accused and the local authorities, the case should be heard elsewhere and there should be further investigation in order to ascertain the truth. Valery Uskov must immediately be released on bail and a serious investigation must be carried out into the allegations of procedural irregularities put forward by the defence.” Uskov and Baidariko were arrested for illegal possession of weapons on 21 November last year. An unidentified person sent them a text message asking to meet them, claiming he had compromising information about the Zlatoust mayor, Vyacheslav Zhilin. However, instead of the informant, they found a bag containing firearms. The police, who were already on the spot, immediately arrested them.The two journalists spent six days in custody, and a search was carried out and equipment seized at their editorial offices, in violation of the protection of their sources. The police have the telephone number of the fake informer but appear to have made no attempt to identify him.Baidariko, currently free on bail, has also been charged in the case along with Uskov.Uskov himself was arrested again on 24 February, and held in custody for making death threats. The complaint was filed by local councillor Alexander Negrebetskikh a few weeks after a trade union rally attended by the journalist on 26 January, degenerated into a brawl. One witness told the trial that Negrebetskikh had been convicted of perjury in another case several years previously. The pre-trial detention order against Uskov has been regularly renewed since February by the same judge who first imposed it in 2010.Since 28 May, when a man facing charges of child molestation was called to testify against Baidariko, hearings have been heard in camera, preventing journalists and bloggers from attending the trial. Uskov has contested this restriction but there has been no response to his objections. It was only with great difficulty that he managed to ensure he was defended by a private lawyer.Besides his investigations into alleged wrongdoing, Uskov launched a petition in 2010 to demand the dismissal of the mayor of Zlatoust and regularly organizes demonstrations against the local administration. At the time of his arrest, he was involved in a campaign to protect a forest owned by the local authority that was under threat from a construction project. The campaign has gained considerable local support. Russia is ranked 148th of 180 countries in the 2014 World Press Freedom Index compiled by Reporters Without Borders. Journalists are particularly prone to abuses by local authorities, as illustrated by the imprisonment of Sergei Reznik and Alexander Tolmachev, journalists in the southern city of Rostov-on-Don, and the house arrest imposed on the Sochi-based independent journalist Nikolai Yarst last year.———Два журналиста в опале у местных властей ЗлатоустaРепортеры без границ сильно взволнованы противоречивыми обстоятельствами и процессуальными нарушениями в судебном деле, заведенном на журналиста Валерия Ускова, который находится в предварительном заключении более пяти месяцев, и его коллегу Вячеслава Бaйдарико в городе Златоуст, Челябинский регион (Урал). Суд заслушал их дело 10 июля 2014 года за закрытыми дверями.Журналист и активист Валерий Усков находится в конфликте с местными властями не в первый раз. Бывший главный редактор, а ныне сотрудник газеты «Правда города Златоуста» также возглавляет местное националистическое движение. В своих статьях он регулярно высказывается с критикой в адрес местной власти, которую считает коррумпированной и недееспособной. После предъявления обвинений в ”экстремизме” в 2011 году он уже провел более двух месяцев в предварительном задержании, прежде чем был оправдан. Задержанный снова журналист предстал перед судом 10 июля за закрытыми дверями по подозрению в “незаконном хранении оружия” (статья 222 уголовного кодекса) и в “угрозах убийством” (статья 119). В ходе первого заседания суда 9 июня журналист заявил о своей невиновности, подчеркнув фальсификацию доказательств против него, а также ложные заявления свидетелей. “Обстоятельства задержания журналистов и то, как ведется следствие, вызывает сильные сомнения и наводит на мысль, что дело шито белыми нитками с целью заставить их молчать, – считает начальник отдела Восточной Европы и Центральной Азии Репортеров без границ Йоханн Бир. Учитывая конфликт между подсудимыми и местной властью, необходимо передать рассмотрение дела нейтральной судебной инстанции в другом регионе и провести дополнительное расследование для того, чтобы открыть всю правду. Валерия Ускова необходимо немедленно досрочно выпустить на свободу, а по подозрению в грубых процессуальных нарушениях, о которых было заявлено защитой, необходимо провести серьезное расследование”.Валерий Усков был задержан вместе со своим коллегой Вячеславом Бaйдарико 21 ноября 2013 года по подозрению в “незаконном хранении оружия”. Неизвестный назначил им встречу по SMS под предлогом того, что готов передать компрометирующие данные на мэра города Златоуст Вячеслава Жилина. Но вместо информатора журналисты нашли пакет с огнестрельным оружием. Полицейские, которые были уже на месте, их сразу же арестовали. Оба журналиста провели шесть дней в предварительном заключении, в офисе редакции был проведен обыск, все оборудование было конфисковано, несмотря на принцип защиты источников информации. У полиции есть номер телефона ложного информатора, однако все говорит о том, что меры для установления его личности не предпринимаются. По этому делу с Валерием Усковым также проходит досрочно освобожденный Вячеслав Бaйдарико. Валерий Усков был вновь задержан 24 февраля 2014 года и помещен под стражу за “угрозы убийством”. Жалоба была подана городским депутатом Александром Негребецких через несколько недель после того, как профсоюзное собрание с участием журналиста закончилось дракой 26 января. По словам свидетеля, фигурирующего в деле, Александр Негребецких был уже признан виновным в подачи ложных показаний в другом деле несколько лет назад. Меру предварительного заключения Валерия Ускова регулярно продлевает с февраля месяца тот же судья, который ее наложил в 2010 году. После того, как к судебному процессу против Вячеслава Бaйдарико привлекли 28 мая подозреваемого в педофилии для подачи показаний, дело рассматривается за закрытыми дверями. Ни журналисты, ни блогеры города не имеют права присутствовать в зале суда. Оспаривание этой меры Валерием Усковым ничего не дало, последнему только удалось со значительными трудностями добиться права на защиту частным адвокатом.Валерий Усков, кроме своих многочисленных расследований предполагаемых фактов коррупции, написал в 2010 году петицию, требуя отставки главы города Златоуст. Он регулярно проводит демонстрации против местной власти. На момент задержания он был вовлечен в дело защиты городского леса, которому угрожает вырубка под проект строительства недвижимости, вызвавший волну негодования.Россия занимает 148-ое место из 180 стран во Всемирном рейтинге свободы прессы 2014 года Репортеров без границ. Журналисты особенно беззащитны перед нарушениями местных властей, как тому доказательством стали недавние заключения в тюрьму Сергея Резника и Александра Толмачева в Ростове-на-Дону, или заключение под домашний арест Николая Ярста в Сочи. RussiaEurope – Central Asia Listed as a “foreign agent”, Russia’s most popular independent website risks disappearing Читать по-русски в PDF и ниже / Read in RussianReporters Without Borders is extremely concerned by the inconsistencies and procedural irregularities in the trial of the journalist and activist Valery Uskov, who has been held in pre-trial detention for five months, and his colleague Vyacheslav Baidariko, in the town of Zlatoust in the Chelyabinsk region of the Urals. Their trial continued today behind closed doors. It is not the first time that Uskov has found himself in trouble with the local authorities. The journalist, who writes for the newspaper Pravda Goroda Zlatousta which he used to edit, also leads a local nationalist movement. He regularly writes about the municipal council, which he regards as corrupt and incompetent. He was accused of “extremism” in 2011 and spent two months in pre-trial detention before being cleared.He has been arrested again and appeared in a closed hearing today to answer charges of illegally possessing weapons and making death threats. At an earlier hearing on 9 June, the journalist pleaded not guilty and said the evidence against him had been fabricated. “The circumstances of the journalists’ arrest and the conduct of the trial are highly suspect and suggest the case was fabricated in order to silence them,” said Johann Bihr, the head of the Reporters without Borders Eastern Europe and Central Asia desk. Two Russian journalists persecuted for investigating police corruption Related documents Два журналиста в опале у местных властей ЗлатоустaPDF – 125.91 KB Help by sharing this information Validity of case and conduct of trial are cause for concern as campaigning newspaper duo appear in court behind closed doors Organisation last_img read more

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Limerick man arrested after car jacking sparked Quilty emergency operation

first_imgNewsBreaking newsLimerick man arrested after car jacking sparked Quilty emergency operationBy Staff Reporter – June 13, 2016 794 Facebook Limerick’s National Camogie League double header to be streamed live Predictions on the future of learning discussed at Limerick Lifelong Learning Festival Twitter WhatsApp WATCH: “Everyone is fighting so hard to get on” – Pat Ryan on competitive camogie squads Linkedin Billy Lee names strong Limerick side to take on Wicklow in crucial Division 3 clash Limerick Ladies National Football League opener to be streamed live center_img TAGScar jackingDoolin Coast GuardfeaturedIrish Coast GuardlimerickQuiltyRescue 115 helicopter RELATED ARTICLESMORE FROM AUTHOR Print Previous articleAppeal to find woman (34) missing in LimerickNext articleMissing Limerick woman found safe and well Staff Reporterhttp://www.limerickpost.ie Advertisement Rescue 115 was deployed to the scene in Quilty where the car entered the waterRescue 115 was deployed to the scene in Quilty where the car entered the waterA MAN has been arrested after a car jacking incident in Limerick lead to a major search operation being launched in Co Clare after the car was found in the sea at Quilty on Sunday night.At around 7:45am on Sunday morning, a woman was outside her 131 registered red Nissan Qasquai on Mulgrave Street when she was approached by a man on crutches.It is understood that the man threatened the woman in her 30s and forced her back into her car as he got in to the drivers seat and sped off in the direction of Ballysimon.Sign up for the weekly Limerick Post newsletter Sign Up Leaving the woman out on the side of the road, the man fled the scene in the car.However, a major search operation was launched on Sunday evening after the car was seen entering the water near the pier at Quilty on the West Clare Coast.The Doolin and Kilkee Coast Guard teams launched their boats and carried out surface searches while the Shannon based Irish Coast Guard helicopter, Rescue 115 undertook sweeps of the local area.Divers were deployed to the car but no one was found inside.The car could be seen submerged under the water and with the aid of a full scale emergency response, the car was recovered at around 10.30pm last night.The woman, who had been left shocked, shaken and distressed, was treated at hospital for head injuries.Just before lunchtime this Monday, a man in his 30s was arrested by Gardai in Henry Street and remains in custody for questioning and remains in garda custody.Gardai say that they are trying to ascertain how the car ended up in the sea and if anyone was in the car before it entered the water.Anyone who may have seen the car, its occupants or anyone that may have given a lift to a number of people looking to return to Limerick from the Quilty, area are asked to contact Gardai at Henry Street on 061 212400. Limerick Artist ‘Willzee’ releases new Music Video – “A Dream of Peace” Emaillast_img read more

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Suspension of Stormont may be the best option for progress – Bradley

first_imgHomepage BannerNews Nine Til Noon Show – Listen back to Wednesday’s Programme Twitter Facebook A former senior member of the North’s Policing Board is calling for the power sharing institutions to be suspended for a time.It comes amid ongoing efforts to resolve a row that saw the First Minister Peter Robinson stand aside, and all DUP ministers but one resign last week.Britain’s Northern Ireland Secretary Theresa Villiers said yesterday that ‘serious consideration’ needs to be given to the possibility of setting up a body similar to the Independent Monitoring Commission.Former Vice Chairman of the Policing Board, Denis Bradley, says the chances of the institutions surviving aren’t ‘looking great’ – and he’s hit out at the two governments’ determination to save them ‘at all costs’…………Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2015/09/dbradam.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Pinterest Facebook Previous articleMc Daid calls for action to address Churchill water problemsNext articlePositive signs for Seamus Coleman and Ireland News Highland Help sought in search for missing 27 year old in Letterkenny RELATED ARTICLESMORE FROM AUTHOR Google+ Three factors driving Donegal housing market – Robinson center_img Google+ NPHET ‘positive’ on easing restrictions – Donnelly WhatsApp Suspension of Stormont may be the best option for progress – Bradley 448 new cases of Covid 19 reported today News, Sport and Obituaries on Wednesday May 26th By News Highland – September 16, 2015 WhatsApp Pinterest Twitterlast_img read more

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Bonafide Purchaser And White Collar Crimes

first_imgColumnsBonafide Purchaser And White Collar Crimes Aastik Dhingra27 Aug 2020 12:00 AMShare This – xThe scourge of financial crimes has seen a rapid growth where an act/omission leads to illegal gains and ends with laundering of the illegal money to be portrayed as untainted. Money laundering involves a thick web of transactions with the objective of introducing the money in the financial system without the same being identified as illegal. Once in the financial system, they would lose…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 scourge of financial crimes has seen a rapid growth where an act/omission leads to illegal gains and ends with laundering of the illegal money to be portrayed as untainted. Money laundering involves a thick web of transactions with the objective of introducing the money in the financial system without the same being identified as illegal. Once in the financial system, they would lose the character of being illegal and can be used in ordinary business. Many a times innocent buyers (mostly subsequent buyers) who are not aware of the criminal antecedents of the property are caught in the middle of these transactions and could be at severe loss due to no-act of their own. The plea of a bona fide purchaser is essentially to protect such innocent purchasers. Section 41 of the Transfer of Property Act, 1882 provides with the doctrine of bona fide purchase. WHO IS A BONAFIDE PURCHASER? The Sale of Goods Act, 1930 defines buyer as anyone who buys or agrees to buy goods; while a seller is someone who wants to sell goods. In general parlance a buyer and a purchaser can be used interchangeably. The Transfer of Property Act defines sale under Section 54 as a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised, transfer of ownership includes a definite exchange for a price. However, the exception to the same is provided under Section 122 wherein a gift is valid without consideration as well. The Merriam Webster Dictionary defines a bona fide purchaser as a purchaser who purchases in good faith without notice of any defect in title and for a valuable consideration.[1] Legally to constitute a bona fide purchaser, it must be shown that with the consent of the true owner, the ostensible owner was able to represent himself as the owner and the purchaser had no notice. Thus, the key components in order to seek the defence of a bona fide purchaser are Representation by the ostensible owner to be the real owner and requisite enquiry,The purchase was with value i.e. valuable consideration, andThe absence of notice or knowledge of the transferor being not the real title holder.[2] Therefore, a property received as gift or for an undervalued consideration, will not be considered to be a bona fide purchase. The general rule in a transaction is “Nemo dat quad non habet” i.e. nobody can give a title better than what he himself possesses. However, the courts have time and again carved exceptions to this rule based on equity to protect the rights of the innocent subsequent buyers in situations of equitable estoppel and fraudulent conveyances.[3] The  Supreme Court in V Chandrasekaran Vs. Administrative Officer held that in order to get the exception of the general rule the transfer must be in good faith for value, and there must be no misrepresentation or fraud, and the property is purchased after taking reasonable care to ascertain that the transferee has the requisite power to transfer the said land, and finally, the parties have acted in good faith. The subsequent buyer must make enquiries from the relevant persons other than the owners or title holders such as person who are in possession of the property who may be having a pre-emptive right over the land. Failure towards the same may dispel the subsequent purchaser from the title of being a bona fide purchaser. The said principle was followed by the  Supreme Court in R.K. Mohammed Ubaidullah & Ors Vs Hajee C.Abdul Wahab (D) & Ors. It was imperative to weigh in the equities and balance out the interests and protect the right of the subsequent purchaser only when one has acted in complete good faith. The courts being aware of the notoriety, the test of good faith is a strict and accepted only when the person is able to establish every component. As a result, the claimant is entitled to the property only when one strictly fulfils the requirements of making bona fide enquiries as a man of reasonable prudence should do, payment of reasonable consideration and as a result has no notice of defective title. The acts such as The Prevention of Money Laundering Act (PMLA), The Fugitive Economic Offenders Act (FEO), The Benami Transactions (Prohibition) Act (Benami Act) etc. enable the investigation officer to make attachments where she/he has reasonable belief that the property constitutes proceeds of crime. The legislature cannot be oblivious towards the rights of people who obtained the rights under bona fide belief without being privy to any clandestine activities by the perpetrators of crime. Therefore, if it is proved that the property was purchased under a bona fide it shall be restored after due process to a person with a bona fide interest. The confiscations under these sanctions without first providing an opportunity of being heard to the holder of the property may seem authoritarian, however, certain safeguards provide for some relief to ensure rule of law and safeguard the economic interests of the nation. The definition of proceeds of crime especially under PMLA is wide and includes the properties which have values equivalent to the proceeds of crime. Thus, a bona fide purchase will not be a valid defence in case the involvement of the accused is definite. However, the third parties can validly use the shield of a bona fide purchase where the transfer has not been made with an intention of defeating the proceedings i.e. lawfully and for adequate consideration. However, no party can seek default right over the property in question. Even a secured creditor including that of a bank cannot claim an automatic right and must to prove the bona fides before having a successful claim for restoration of the attached property. CIVIL AND CRIMINAL FORFEITURE The nature of sanction depends on the act itself, which enables the legislation to divide the acts into civil or criminal. In a civil wrong the sanctions aim to achieve damages or compensation for the party that has been wronged. Whereas, in criminal law the aim is to punish the wrong doer while there are some sanctions could be quasi criminal/civil in nature. To simplify, civil sanction aides the injured while a criminal sanction hurts the enabler/wrong doer. Another parameter to decide upon the sanctions are that while civil injuries affect the rights of an individual while a criminal wrong affects the society at large. The  Supreme Court stated that a wrong punishable with criminal sanctions must be a public wrong against society as a whole which would justify public censure.[4] The Allahabad High Court observed that “Penalty is a civil sanction. So is interest. The object of both is to render evasion or infraction of the law unprofitable, and to secure to the state compensation for damages caused by attempted evasion. Prosecution resulting in fine and/or imprisonment is a criminal sanction”[5] However, the Calcutta High Court differed in it stating that interest is not for an infraction of law but a form of damages due to passage of time for non-performance. Thus, attaching a form of sanction is largely dependent on the nature of the act.[6] Forfeiture or confiscation of a property could be both a civil as well as a criminal sanction. The nature of sanction depends on its treatment in a particular law. It is important to understand that a civil forfeiture is an action in rem, while a criminal forfeiture is an action in personam. In American Jurisprudence, a civil forfeiture the authorities can seize the property without providing the possessor a benefit of doubt and the possessor has to prove that the purchase was bona fide, while in a criminal sanction the burden lies on the government to prove the guilt before the property could be forfeited. Usually, civil sanctions are attached when personal rights are affected such as non-performance of obligations by a party, like in real estate transactions where forfeiture of earnest money is very common. However, for a criminal sanction the forfeiture happens after the guilt has been proved. The Indian Penal Code under Section 53 also provides forfeiture of property under punishments thereby categorically establishing confiscation as a criminal sanction as well. The statutes which are enacted to curb the menace of financial crimes provide for attachment based on reasonable belief that the property may be connected, directly/indirectly, to a criminal activity, with the objective of preserving the proceeds of crime. The accused is afforded an opportunity to present her/his case by showing that the purchase is bona fide and can claim restoration of the property. The attachment herein carries a civil sanction and not a criminal sanction. However, once the guilt is proved the property stands seized and it then becomes a criminal sanction. The  Delhi High Court, stated that the sanction attached with the forfeiture as envisaged in the acts to prevent the economic offences is civil in nature with a nexus with the criminal offence”[7]. A purchaser who lays the claim of a bona fide purchaser has the option of making the said claim before the adjudicating authorities, however, the investigating officer does not have to provide them a hearing and is empowered to provisionally attach on a mere suspicion. However, the reasons are compulsorily to be recorded in writing, therefore it leaves out the scope of arbitrariness in the procedure. Besides that, the purchaser has the option of challenging the attachment before the Appellate Tribunal as well. However, the courts are handed a difficult task of keeping the investigating officers in check, if not, the whole purpose of justice would be defeated. The Benami Transactions (Prohibition) Act Ursula K. Le Guin said “to make a thief, make an owner; to create crime, create laws”.[8] The Benami Act was implemented to curb the practice of hiding the unaccounted money into properties by way of benami transactions. Till 1998 benami transactions were not illegal and were often used for tax avoidance. However, there was a rise in mala fide transactions leading to tax evasion and benami transactions were used for parking illegal gains. Therefore, an act prohibiting the benami transactions was first passed in the year 1988 and was subsequently amended in the year 2016. A benami transaction is when the person in whose name the property is bought is a “dummy front” while the funds and the benefits of the property are made/used by a third party who remains undisclosed. The dummy front is the benamidaar and the subject property is the benami property. The inception of benami transactions can be traced to purchases done for the benefit of family members or for people with fiduciary relationship etc. Therefore, certain transactions are provided exemption under the act as well and if proved to be falling in those categories they will not be benami but bona fide transactions. The  Supreme Court has in various judgments provided the following parameters for ascertaining the nature of the property if benami or not, however, the list not being exhaustive. Source of money to be a third person for whose benefit property is alleged to be held,Intention of the parties which can be ascertained from surrounding circumstances,Possession of the title-deeds.[9] In order to balance the rights of bona fide individuals and public at large simultaneously, the benami act provides the bona fide purchaser with a right to show that his/her property falls within the exceptions as provided by the Act and/or that of a bona fide purchaser. Under section 24(1) read with section 24 (3) of the Act, the initiating officer with the permission of the approving authority, attach the property if he has reasons to believe that the property is held by a benamidaar and that he/she may dispose of the same. The person who purchases from the benamidaar has an imperfect title. However, if the purchaser proves that the purchase was made after required due diligence, for a reasonable value without notice of the benami nature of the property, she/he shall have the protection under Section 41 of the Transfer of Property Act.[10] In a recent judgment of the  Income Tax Appellate Tribunal, the tribunal weighed in the judgments and ascertained that prior to the amendment the burden of proof was on the prosecution authorities to prove the property to be a benami property. However, after the amendment the same is on the possessor. The Tribunal further held that when the initial burden of proof is discharged by the person claiming the transaction to be bona fide by showing relevant documents such as sale deed and loan document the onus shifts on the Initiating Officer who is taking a contrary view with regard to Section 91 and 92 of the evidence act.[11] The possessor of the property can defend his property from attachment by either showing the authorities that he does not fall under the categories of a benamidaar or by showing that though he bought the property from a benamidaar but at the relevant time he had no knowledge of the same and had bought the property for reasonable value. Prevention of Money Laundering Act (PMLA) The PMLA was enacted with the object of curbing the menace of money laundering. The act has been useful tool for reining the malice of black money and financial crimes in the past few years. However, one of the foremost challenges remain in identification of the proceeds of crime which is defined under Section 2(u). The ambit of the proceeds of crime under the section is very large and covers properties derived/obtained as well as directly or indirectly be derived/obtained as a result of any criminal activity relatable to the scheduled offence. In furtherance of the objectives, the act empowers a deputy director under Section 5 to provisionally attach a property which he has reasons to believe that proceeds of crime are likely to be concealed, transferred or dealt with in a manner which will frustrate the proceedings. Further, under Section 8 the adjudicating authority after the provisional attachment the authority after due procedure and considering the reply has the right to confirm the order of provisional attachment. It is imperative to mention that in case the property is held by a person not the accused, the authority is supposed to send a notice to her/him as well. This act under Section 8(8), provides an opportunity of restoration of property if the same has been obtained under a bona fide interest. The section itself mandates that the special court may direct the government to restore the property of a claimant with legitimate interest, provided the claimant acted in good faith and had taken reasonable precautions and has no role in any illegal activity. That without doubt, the burden of proof is on the person claiming who is taking the defense of a buyer under good faith. In a recent case, the  ATPMLA, restored the property of the Appellant wherein, he was successful in proving that his property has no link with the alleged illegal activity and has paid valuable consideration for the properties in question.[12] The  Delhi High Court has further crystallized the law under the PMLA by deciding the rights/claims of third parties which emanate from legitimately created encumbrances. Here the  Court decided the rights of the government to confiscate properties which bear the reasonable belief of connection with illegal activities in respect of the honest parties who obtain rights in those properties without being aware of the illegal origins of the property. The  Court[13] held that the legislature has made the forfeiture to be a civil sanction in such proceedings where the holder of the property has to show that he/she acquired the property for legitimately after reasonable due diligence for an adequate consideration. At this point, a perusal of section 23 would show that there is a presumption of inter-connectedness of the transactions which makes it clear that presumption has to be dispelled by the holder of the property. The Fugitive Economic Offenders Act (FEO) The FEO defines a fugitive economic offender under Section 2(f) against whom a warrant of arrest in relation to a scheduled offence has been issued by a court in India who has fled the country and refuses to return for facing the prosecution, threshold being Rs. 100 Crore. On declaration of a person being a ‘fugitive economic offender’ the special courts are at liberty to confiscate proceeds of crime anywhere in the world whether the property is owned by the fugitive economic offender and any other property benami or otherwise held by the fugitive economic offender. The ambit of confiscation is wide and covers properties even in the possession of third parties. Therefore, the act travels on sensitive contours which could create tremendous financial trouble. However, the legislature has been careful of the complexity of confiscation of properties of innocent purchasers and thus has provided for an exception under Section 12(7) for bona fide purchaser, who can claim restoration of their property if they are successful in proving that they are holding the property under a bona fide title. Though, the Act is recent and the two persons who have been declared fugitive economic offenders under the act are Mr. Vijay Mallya and Mr. Nirav Modi. While considering the petition of Mr. Vijay Mallya wherein the counsel for Mr. Vijay Mallya stated the law to be draconian and harsh, the Bombay High Court stated that the situation in itself is harsh which the act is trying to handle.[14] Further, the Delhi Court in the Axis Bank Judgment stated that even this Act for the purpose of attachment carries a civil sanction and not a criminal sanction. BONA FIDE PURCHASER: A BALANCED DEFENCE OR A FORMALITY In my opinion, the law as scribed by the legislature is balanced, especially when the adversary is one with incredible know-how. It is important to trace and get hold of the property in order to ensure that the illegal money does not slip into channel from which the recovery will be impossible. It is for these reasons that the investigation authorities are empowered with wide powers. As Leo Tolstoy said, “Writing laws is easy, but governing is difficult.” One may write the best law but the difficulty arises in its interpretation. Though the legislature has been careful in providing checks and balances, accountability is easily scorned off by the investigating agencies on many levels. The difficulty arises in its adjudication wherein a number of prejudices are at play. As the famous saying goes ‘that power corrupts and absolute power corrupts absolutely’, the powers could be disastrous for individuals and the economy as well. The Indian judicial system provides appeals at various levels to ensure that innocent should not be persecuted. However, the cost at which all these remedies are available may not be feasible for everyone. Therefore, though the legislature has provided for genuine defence for bona fide purchasers while keeping an air-tight legislation for preventing financial crimes, there is a need for ensuring that when these officers present reasons to believe for attachment the same should not be imaginary and mildly probable, they should be of substance which should bend the curve in favour of the prosecution. The reasons to believe being the benchmark for a provisional attachment should not be allowed to be arbitrary and certain definite parameters should be introduced to protect the same. Having said that the law on the subject is still being shaped and has a long way to go. Views are personal only. [1] Merriam Webster Dictionary (https://www.merriamwebster.com/legal/bona%20fide%20purchaser) [2] Seshumull M. Shah Vs. Sayed Abdul Rashid AIR 1991 Kant 273 [3] P. James, introduction to English Law 10 (3d ed.1955) [4] Joseph Shine Vs Union of India – 2019 3 SCC 39 [5] Saraya Sugar Mills Vs CIT 116 ITR 387,391 [6] Balrampur Sugar Co. Ltd. Vs Commissioner Of Income-Tax 1982 51 STC 38 Cal [7] The Deputy Director, Directorate of Enforcement Vs. Axiz Bank & Ors. CRL.A. 143/2018 [8] Ursula K. Le Guion is an American Author famous for works such as The Dispossessed among others [9] Bhim Singh Vs. Kan Singh AIR 1980 SC 727 [10] Panika Bhoi Vs. Kunu Bariha MANU/OR/0152/2011 [11] Shri Akashdeep Singh Vs. Manpreet Estates LLP & Others – FPA-PBPT-206/MUM/2018 [12] Vivek Mathias Vs. Deputy Director, Enforcement Directorate – 2018 SCC Online ATPMLA 22 [13] Deputy Director, Enforcement Directorate Vs. Axis Bank & Others [14] Economic Times- Declaring me as fugitive offender is like giving ‘economic death penalty’: Mallya tell high Court dated 24.04.2019 Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Jobs boost for North West

first_img Google+ Jobs boost for North West RELATED ARTICLESMORE FROM AUTHOR Homepage BannerNews Google+ Nine til Noon Show – Listen back to Monday’s Programme Twitter Arranmore progress and potential flagged as population grows 40 new jobs are being announced this morning for Carrick-on-Shannon and Dublin.The new positions are with the County Leitrim based lender Avantcard following a new partnership announced last year with An Post.The announcement of these new jobs comes on the back of an additional 58 people joining the Avantcard workforce over the last eighteen months.The financial services company currently employs 220 people here and the new positions will be divided between its headquarters in Carrick-on-Shannon and a satellite office in Dublin.The positions include customer-facing roles, roles supporting the new An Post partnership announced last year, and a number of specialist roles to support planned business growth for the future.Minister for Business, Enterprise and Innovation, Heather Humphreys says today’s announcement marks a great day for Carrick-on-Shannon and represents a huge vote of confidence in the local workforce…..adding that its living proof you don’t have to be based in a big city to make a big impact. Facebook Pinterest WhatsAppcenter_img Twitter Previous articleEducation Minister announces scheme to share teachers in priority subjectsNext article12 people awaiting admission to LUH News Highland By News Highland – February 25, 2019 Pinterest DL Debate – 24/05/21 News, Sport and Obituaries on Monday May 24th Loganair’s new Derry – Liverpool air service takes off from CODA Important message for people attending LUH’s INR clinic WhatsApp Facebooklast_img read more

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