Tag Archives: court

The SHC appoints a ‘High Court officer’ to oversee the SPSC exam | Instant News

KARACHI: In a significant appraisal, the Sindh High Court has appointed a ‘High Court officer’ to oversee the competitive hearing process conducted by the Sindh Public Service Commission (SPSC) to ensure fairness and transparency.

The Combined Competitive Examination (CCE) 2020 is scheduled to be held on 10 November 2020 (today) in the center of Karachi, Hyderabad, Sukkur and Larkana. Sindh High Court, division bench, Hyderabad, on Monday, over Muhammad Ayub Panhwar’s petition about irregularities in the SPSC competitive hearing process, with the approval of the board of applicants, SPSC and Advocate General Sindh, ordering that such hearings be held in Karachi under the supervision of officials officials from the Sindh High Court and in Hyderabad, Sukkur, and Larkana under the supervision of the Additional Clerks of the division and circuit bench of the Sindh High Court. This is done to ensure feasibility and transparency in the CCE-2020 process.

The SHC order further clarifies that the “Official Officials and Additional Registrars of the SHC” must ensure that the entire CCE-2020 vetting process is carried out in strict accordance with relevant laws, regulations and regulations, and the directions provided by the Supreme Court in its 13 March 2017 judgment, suo-moto 18/2016 case.

The SHC issued a notification to the chief secretary of Sindh and the chairman of the Sindh Public Service Commission for compliance with the court order. Petitioner Muhammad Ayub Panhwar in his petition prayed to the court that he had passed the written examination of the CCE Combined Competitive Examination which was held in 2018, but was declared a failure by the SPSC in the interview. In the petition, he also pointed out allegations of irregularities and other malpractices in the above-mentioned investigation process on the part of the SPSC management.

The Sindh High Court in the order also ordered the SPSC not to announce the final results of the examination and ordered all examination records to be submitted to Nazir of the Court.


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Law students sue Australia for climate risks in government bonds | Australian News | Instant News

Law student Kathleen O’Donnell claims the Australian Office of Financial Management and its Department of Finance is deceiving investors by not disclosing climate change along with other financial risks.

The Australian government on Tuesday will defend a class action lawsuit claiming it is misleading investors by failing to disclose the impact of climate risk in bonds.

Amid a growing wave of climate litigation around the world, 23-year-old law student Kathleen O’Donnell said the Australian Office of Financial Management and Treasury is deceiving investors by not disclosing climate change along with other financial risks in her exchange-traded debt. He wants all marketing to stop until its disclosure is made.

The lawsuit comes as debt investors globally grapple with assessing the long-term effects of rising global temperatures and how much economic growth will have to sacrifice for countries to adapt. Sweden’s central bank last year canceled its holdings on debt issued by Western Australia and Queensland – the states responsible for most of Australia’s fossil fuel exports – amid growing concerns about the threat posed by climate change.

“The concept that every debt issue must consider and disclose a range of material financial risks is not new,” said Sarah Barker, head of climate risk governance at law firm Minter Ellison. “What’s new about the claim is that this is the first time a lawsuit has been made in a climate risk context.”

The Australian Treasury and Financial Management Office declined to comment on the lawsuit, which is scheduled for its first hearing in Federal Court in Melbourne on Tuesday.

The case comes amid a surge in litigation from Europe to Mexico over the past five years as activists use the courts to pressure governments, companies and investors to act against global warming. Last week, a $ 57 billion ($ 41 billion) pension fund sued in Australia for disclosing climate change risks settled the lawsuit with commitments for net zero-emissions in its portfolio by 2050.

As one of the world’s largest contributors to per capita pollution, Australia derives almost a third of its national income from industries exposed to economic disruption and the risks of climate change, according to Deloitte Access Economics. If out of control, the economy could shrink 6% over the next five decades – the equivalent of a A $ 3.4 trillion loss in gross domestic product, the company said in a report last week.

However, the Australian government, a staunch supporter of the fossil fuel export industry, emphatically refuses to put a price on carbon and is moving away from net zero-emission goals that are increasingly being adopted by countries around the world.

Chris Rands, fixed income portfolio manager at Nikko Asset Management, questions whether disclosure of climate risks will have a significant impact on sovereign debt demand – particularly at a time when central banks have initiated quantitative easing to keep yields low.

“If the government is forced to present its risks, it will just end up as another line in the prospectus that simply says ‘this is what could happen’,” said Rands. “Meaningful change still has to come from the people who vote on the policies they want.”


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A British judge blocked Brazil’s $ 6.6 billion suit against BHP over the dam that exploded | Instant News

LONDON (Reuters) – A £ 5.0 billion ($ 6.6 billion) UK lawsuit against British-Australian mining giant BHP has been sued, dealing a blow to the 200,000-strong Brazilian prosecution group demanding compensation after devastating dam damage to in 2015.

A High Court judge in Manchester ruled that managing the largest class action lawsuit in British legal history would be like “trying to build a house of cards in a wind tunnel” and the case being “litigation abuse”.

BHP welcomed the decision, which it said reinforced its view that victims should file claims in Brazil and that the case duplicates ongoing work and legal proceedings there.

Tom Goodhead, the lawyer at PGMBM representing the plaintiffs, called the ruling “fundamentally flawed” and promised to file an appeal.

“We will continue to fight non-stop, for whatever time, in any court in the world, to ensure that BHP is held accountable for their actions,” he said.

The collapse of the Fundao dam, owned by the Samarco joint venture between BHP and Brazilian iron ore mining giant Vale, killed 19 people and sent a torrent of mining waste to the community, the Doce river and the Atlantic Ocean, 650 kilometers (400 miles away. It was a disaster. worst neighborhood in Brazil.

This case is the latest battle to determine whether multinational companies can be held accountable for the behavior of overseas subsidiaries.

The ruling comes about 18 months after Britain’s Supreme Court ruled that nearly 2,000 Zambian villagers could sue the UK miner Vedanta on pollution charges in Africa because substantial justice could not be obtained in Zambia.

Leigh Day’s partner, Martyn Day, who represents Zambian villagers, said he took his hat off to the Brazilian plaintiffs’ legal team for “daring” to tackle the big case.

“I think the judge was tough on the plaintiff,” he said. The question for the appellate court is whether he is too tough or not.

Plaintiffs accused senior BHP executives sitting on the Samarco board, that BHP representatives approved plans to repeatedly increase dam capacity, ignored safety warnings, and that victims did not have the prospect of adequate compensation in Brazil within a reasonable timeframe.

Lawyers for the plaintiffs, which include municipalities, indigenous peoples, businesses and churches, also argue that under Brazilian law, responsibility for environmental damage falls on the defendant’s final owner.

BHP said it and Vale each poured about $ 1.7 billion into the Renova Foundation, which was set up in 2016 by BHP Brazil’s division, Samarco and Vale to manage 42 repair projects, including providing financial assistance to indigenous families, rebuilding villages and building new water supply system.

($ 1 = 0.7591 pounds)

Reporting by Kirstin Ridley, editing by Barbara Lewis and Rosalba O’Brien


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The report from cyberbullying experts identified a ‘neglect’ of student well-being at the Le Rosey Institute | Instant News

Source: Dr Sameer Hinduja, Deputy Director Cyberbullying Research Center

  • A report released by Dr Hinduja of the Cyberbullying Research Center examines failure at the world’s most expensive school, Le Rosey, in Switzerland.
  • The report found that schools were ‘deliberately indifferent’ to the well-being of bullied students
  • He concluded that the school’s actions were ‘problematic’ and resulted in ‘re-victimization’ of students

The following is a statement by Dr Sameer Hinduja from Cyberbullying Research Centre who asked the school to learn from him failure at Institoutside That Rosey when it comes to handling bullying:

ORLANDO, Florida, November 09, 2020 (GLOBE NEWSWIRE) – The school’s main goal has always been to educate and support the students placed under their care. Important to achieving that goal is the need to provide a safe environment for them. It is the school’s duty to do all it can to prevent the disruption of students’ ability to learn and develop there, free from harassment or harassment.

Nonetheless, a recent study conducted by the Cyber ​​Bullying Research Center found that 52% of teenage students across the US have been bullied at school in the past month. Although the numbers vary by country, it is clear that this is a serious problem affecting young people today.

The ubiquitous use of social media across the student body requires schools to keep pace with the rapidly changing digital landscape. Careful consideration is needed for policies and programs that protect students – especially with the potential for increased cyberbullying and increased digital learning due to COVID-19. Many schools around the world work dutifully to overcome oppression in a systematic and enduring manner.

However, this has not been successfully implemented by all schools, and in fact one of the most prestigious schools in the world today is. facing litigation from Radhika and Pankaj Oswal, the parents of the students, for being negligent in doing so.

This case is an important case that must be considered by educators around the world. There are many important lessons to be learned from Le Rosey’s failure. Furthermore, depending on the outcome, this could set an important legal precedent.

The Le Rosey Institute in Switzerland, known for its tuition fees as the world’s most expensive school, as well as many of its well-known alumni, have been labeled as “deliberately indifferent” to the welfare of students facing serious acts of cyberbullying and bullying. The student’s experience causes serious emotional injury and impacts on his or her psychological well-being as certified by a medical professional, but this seems to be ignored by the school.

Unfortunately, instead of prioritizing the well-being of bullied students, schools seem to downplay the problem and perceive it as a common behavior among 14 year olds that requires no formal investigation or intervention. After spending years working in the field of bullying prevention, Dr Sameer Hinduja said that “this is a major mistake and a problematic one in any school, let alone an ‘elite’ school like Le Rosey.”

School administrators have a duty to take meaningful action if any form of bullying becomes known to them. The age of the student does not matter, and without a serious and thorough investigation of the incident and its surroundings, it is unacceptable to underestimate the potential harm that occurs.

In this case the student is suspected of experiencing direct injury in the form of insult and assault as well as indirect torture in the form of exclusion and rejection. Moreover, this was done by a number of attackers on the Le Rosey campus.

Another major problem is that some of the harassment appears to be racial or ethnic in nature. Research clearly shows that identity-based bullying often inflicts a more serious level of harm on victims, by attacking the identity from which a child derives their beliefs, value systems, and customs. In fact, some countries even consider and classify forms of aggression such as hate crimes, which underscores the seriousness of the offense.

It is surprising that a school like Le Rosey, which prides itself on having an international student base, has consistently failed to address the issue in an appropriate manner. Compounding this is the lack of adequate policies in schools to address this in the first instance.

Furthermore, Le Rosey’s inadequate responses likely expose students to additional trauma through what is known as secondary victimization. This occurs when the target feels victimized again because of the insensitive or inadequate response of the authorities who are supposed to come to their aid.

It is surprising how, in response to the reasonable requests made by parents for help and protection, including the possibility of students sleeping at home – away from the traumatic environment, the school allegedly came to the conclusion that it was for the best. it is in the interest of everyone involved to cancel student enrollments.

The priority of any school must be the health and well-being of the students under its care. Instead of working with parents to implement enhanced bullying prevention policies and programs and programs, schools downgraded student behavior and ended up canceling enrollments roughly one month after the first incident. This action was completely unfounded considering the student’s high achievement and subsequent letters of recommendation. It seems the school has made a decision not worth the hassle, and has instead chosen to move away from the student and his family.

Such responses are at best an unfeeling mistake, and at worst multipliers of the traumatic consequences experienced by the victim. After all, schools should have done more.

Based on the known facts of the case, it appears that Le Rosey failed miserably not only in their response efforts, but also in their precautions – which were piecemeal, ad hoc and grossly inadequate.

Schools need to continue working on and developing their anti-bullying policies and programs. First and foremost, all teachers and staff in schools must be properly trained in how to handle bullying to ensure that they treat all reports seriously and with equal performance.

Second, all schools should have some form of meaningful, evidence-based social and emotional learning program that has been proven by research to reduce bullying. Third, the code of conduct and related policies must be clear, comprehensive and detailed in the scope of not only prohibited behavior and proportional consequences, but also procedures for identifying, reporting, investigating and preventing bullying and cyberbullying.

Dr Hinduja comments “Unfortunately, the effects of neglect in this area are often lingering. Such neglect not only disappoints students in this particular case, but will likely undermine the confidence of other students, and their families, in the ability of schools like Le Rosey to proactively deal with future incidents of bullying and cyberbullying. “

Notes to Editors:

  • Cyberbullying Research Center is a think tank based in the US that conducts research to address bullying, cyberbullying, and associated harm among young people. It is there to uncover and share best practices in identification, prevention and response to educators, counselors, health professionals, youth service organizations, families, and communities so that they can best support the people they care for.
  • Dr. SameHinduism is the Co-Director of the Cyber ​​Bullying Research Center, Professor of Criminology at Florida Atlantic University, and Faculty Fellow at the Berkman Klein Center.


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In the case of the alleged killer of Baton Rouge’s wife, the high court will not issue charges on the jury assembly matter | Court | Instant News

The unintentional exclusion of young adults from the pool where the East Baton Rouge Parish jury and jury are selected will not prevent a Baton Rouge man from trial in the 2016 strangulation of his wife.

The Louisiana Supreme Court has made way for Donald Germany II, 46, to stand trial in the murder of Nichole Jones, 41, on June 6, 2016.

The high court unanimously refused on Wednesday to drop Germany’s second-degree murder charges, rejecting its argument that the jury that accused him in September 2016 did not represent a fair share of the community because young people were excluded from the jury.

A Baton Rouge man accused of strangling his wife asked the judge to drop his 2016 murder charges, claiming the jury was prosecuting…

Judge Jeff Hughes wrote that the state constitution and the Louisiana Supreme Court rules “do not state that age is a special group necessary to form a fair community for jury election purposes.”

“Courts have generally failed to recognize young adults, or any age group, as a ‘distinct group’,” he said.

Hughes noted that Germany is in its mid-40s “and therefore is not among the group who may have been excluded.”

The German lawyer, East Baton Rouge Parish assistant public defender Margaret Lagattuta, said on Friday that she respectfully disagrees with the Supreme Court’s decision.

“Mr. Germany’s grand jury is not chosen from the fair segments of society,” he said.

District Attorney Hillar Moore III called Germany’s high court motion to dismiss the charges “legally correct and sensible.”

A judge refused Friday to drop charges of murdering a Baton Rouge man in 2016 by strangling his wife, rejecting his argument that …

“We can now focus our attention on the trial process and get justice for the victim in this case,” he said.

State District Judge Beau Higginbotham has ruled against Germany, but the state appeals court has vacated the judge’s ruling; The Supreme Court reactivated it.

Germany has a trial date November 30.

Last year, in the case of the Caddo Parish murder case that had been transferred to Baton Rouge solely for the purpose of selecting a trial jury, the state Supreme Court concluded that the 2019 East Baton Rouge jury was not properly formed because it excluded – among other things – 18 – for age. 25 years.

The high court ordered the jury selection in the Grover Cannon case to restart with a new set of properly formed jurors. He was eventually convicted and sentenced to life in prison.

Administrators at the 19th Judicial District Court said the problem was caused by what they described as a computer error. They said the problem that had been going on since 2011 and was discovered early last year had been fixed.

The jury trial which has been postponed at East Baton Rouge Parish since the start of this month will resume on May 28 after the parish jury group has…

The Supreme Court on Wednesday distinguished Germany’s case from the Cannon case, a first-degree murder case in which the country is seeking the death penalty.

The high court said the cannon judgment was “required by unique circumstances and issued out of great caution.”

“The circumstances here are very different from those presented in Cannon,” wrote the court. “In addition, since the technical issues in East Baton Rouge Parish have already been addressed, the defendants who will now be tried by a jury selected from the established venue are free of guilt, and that will not exclude those born after 2 June 1993. “

Higginbotham had ruled last fall that no evidence was provided that the jury from which the German jury was selected in 2016 excluded anyone, including young people. The judge said there were no backup records to prove the exception that year.

The judge, however, went further, saying that assuming there was evidence of exclusion from any age group, race or gender, there was no evidence of willful action on the part of anyone involved in the jury proceedings.

Higginbotham’s ruling is the first to address a challenge in the grand jury selection. The lawsuit is the first to be filed in East Baton Rouge since the state’s Supreme Court ruling in April 2019 in the Cannon case.

Germany faces compulsory life imprisonment if convicted as charged.

Germany told family members and authorities that he strangled his wife at their Castle Hill Drive home, police said. He told the sheriff’s deputy that he and Jones had had an argument the day before, and the fighting continued the next day when he strangled him in bed.


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