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COA Youth and Family Centers was big winner but 8 others got awards. |
Three community groups win awards for working with police on crime prevention. |
Cheryl Blake Dabney of Dillard, GA passed away peacefully at the age of 70 on October 26, 2018. Cheryl was born May 9, 1948 to Stephen H. and Frances M. Blake in New Britain, CT. In early 1960s she moved with her parents and siblings to Atlanta, GA. She graduated from St. Pius High School, attended community college, and enjoyed her long career in accounting with Western Electric/AT&T/Lucent Technologies. Cheryl served as President of the Pioneers, a philanthropic organization of Lucent Technologies. Cheryl was preceded in death by her parents and brother, Jon. Cheryl was a very kind hearted person. She loved God and her family immensely. Cheryl is survived by her husband who were together for more than 54 years, David V. Dabney; daughters, Samantha Groves (Jimmy) and Heather Dabney; her wonderful grandchildren, J.J. Groves, Sydney Groves and Lucas Dabney; brothers and sisters, Steve Blake (Sandy), Greg Blake (Diane), Mary Blake, Chris Blake, Barbie Gallimore (Warren), Joe Blake, Donna Blake; and many beloved nieces, nephews and their children. A Celebration of Life service will be conducted at 2:00 p.m. on Sunday, October 28, 2018 in the Owen Funeral Home Chapel. Please visit www.owenfunerals.com to leave condolences for the family. Owen Funeral Home, 12 Collins Dr., Cartersville, GA, is honored to serve the family of Cheryl Blake Dabney. |
Momma that’s who she was! She was honest, hard working, loving, giving, supportive, god fearing Wife, Nana, and Momma! She had a smile that could brighten any room and a laugh so contagious you couldn’t help but laugh with her. |
She was the light of my life. She made me the woman I am today. Which I can only hope to be half the woman she was. |
It doesn't seem real. Why is death so hard for those left behind? Because we are no longer able to hug them, have conversations with them, and experience life with them. Their death leaves a void in our lives. However, with the promise of eternal salvation we have hope of reuniting with them; in the presence of our Lord. |
Cheryl shared many stories of becoming my older sister at the age of 18. I was her Barbie Doll. She helped my mom care for her 6 younger siblings. She did it without question. |
After losing our mother way too early Cheryl became the matriarch of the family. She was the central link between all of us. Family meant everything to her. She was the peacemaker. She had a sweet, calming voice. I will carry that voice in my mind and heart forever. |
During visits to Atlanta I loved spending nights in her home. Cheryl gave me my first driving lesson as a teen. During our adult years our relationship blossomed. Through the years she listened and encouraged me during countless phone calls. We lived apart for almost 40 years, but our relationship remained strong. In 2011, along with Mary, we took a 3 day “Sisters Trip” to Savannah. We laughed, we shared, we explored, and wonderful memories were made. |
Cheryl deeply loved her husband. She raised and greatly loved her 2 daughters. She was their rock. She cherished her 3 grandchildren. She provided countless hours of advice and consolation for us all. |
I am grateful I was able to spend more time with Cheryl recently. It was heartbreaking that dementia was robbing her of her short term memory. She became angry she couldn't remember. Feeling helpless, we gave her all we could muster - our love and support. |
I will cherish every hug, endearment and blessing of a sister like her. One day I will again hold the hand of my sister in Heaven. I so look forward to that day. I love you, Cheryl. |
I loved my mom more than anything. She was my rock, my inspiration and my resource for everything. Even when she didn't know she found out for you. She taught me how to be kind, loving, forgiving, to be a woman, a sister, a good daughter and most of all how to be a mom. I hope you got the pleasure of knowing my mom. She was amazing and would light up a room when she walked in. She loved babies and puppies and they all loved her back. Her family was the most important as well as doing good for the community. She had an amazing talent at making everything all better or at least more positive. She loved her friends and would come home and download her daily gossip into my dad and me. The stories were so great from work my sister and I went to work with her. She always routed for the underdog. I hope to live on in her image. |
Our condolences to David (my former patient) and Steve Blake (our former neighbor) on Cheryl's passing. I recall her clearly as delightful, humorous, loving and concerned about family as well and well-informed and inquisitive. She will be missed. Our sympathies to all her family and friends. |
We are at a loss for adequate words to express our sadness for you. Your mother always had a smile on her face and we know heaven just received one of the most caring and kind angels. You are a reflection of your mom in the way you treat people with respect and empathy. Not to mention the way you make each person feel loved. We are so sorry for your loss. As you taught us many years ago, which we know you learned from Cheryl - "Think good thoughts", for she would want you to. |
Cheryl and I had a good friendship. I enjoyed working with her. |
When she had a job to do you couldn’t stop her she was driven. |
Cheryl loved her family,Samantha and Heather, David and all of her brothers and sisters. |
Cheryl Blake Dabney of Dillard, GA passed away peacefully at the age of 70 on October 28, 2018. |
Cheryl was born May 9, 1948 to Stephen H. and Frances M. Blake in New Britain, CT. In early 1960s she moved with her parents and siblings to Atlanta, GA. She graduated from St. Pius High School, attended community college, and enjoyed her long career in accounting with Western Electric/AT&T/Lucent Technologies. Cheryl served as President of the Pioneers, a philanthropic organization of Lucent Technologies. Cheryl was preceded in death by her parents and brother, Jon. |
Cheryl was a very kind hearted person. She loved God and her family immensely. Cheryl is survived by her husband who were together for more than 54 years, David V. Dabney; daughters, Samantha Groves (Jimmy) and Heather Dabney; her wonderful grandchildren, J.J. Groves, Sydney Groves and Lucas Dabney; brothers and sisters, Steve Blake (Sandy), Greg Blake (Diane), Mary Blake, Chris Blake, Barbie Gallimore (Warren), Joe Blake, Donna Blake; and many beloved nieces, nephews and their children. |
A Celebration of Life service will be conducted at 2:00 p.m. on Sunday, October 28, 2018 in the Owen Funeral Home Chapel. |
Owen Funeral Home, 12 Collins Dr., Cartersville, GA, is honored to serve the family of Cheryl Blake Dabney. |
In 1989, Sam Flynn was just a kid who adored and looked up to his dad—video game developer and science whiz, Kevin Flynn. But then his father mysteriously vanished, leaving the young boy feeling deserted. Skip ahead to the present and Sam’s a rebellious adult who's more interested in sabotaging his father's former corporation than working for it. |
Then Sam receives a message...from his dad. With a little digging, Sam finds a hidden room filled with computer equipment in the back of his dad's locked up old arcade. As memories of his father swirl in his head, he is suddenly dematerialized by a laser and transported into the world of The Grid. It is an awesome place of vibrant electronic wonders. A place where almost anything is possible. A place that's been his father's prison for over 20 years. |
Sam’s dad demonstrates that his initial intentions with creating an in-computer world are good. He intends to shape something beneficial for the outside world. Then he learns that not even computer-generated people are free from the influence of corruption. It's quite obvious that Sam and his dad love each other deeply. Both would do anything to save the other, and they both put their lives on the line. |
TRON: Legacy, with its zipping lights, electrified outfits and lasers, whisks you into The Grid's fantasy land and wows you with dazzling visuals. Some of the fight scenes get intense and several computer characters are killed, er, "de-rezed." Plus, the language goes into inappropriate areas about four times. But overall this action movie stays positive and provides lots of fun. |
Silicon Valley analytics software firm Fico has expanded to Chile with the launch of a new office in Santiago, where it intends to serve clients in Argentina, Uruguay, Bolivia, and Paraguay. |
Reputed as one of the pioneers of data analytics, Fico helps businesses analyze consumer behavior with big data solutions and mathematical algorithms. It also offers fraud combating, regulatory compliance, and business optimization services. |
Most of its clients belong to sectors like financial services, health, insurance, and telecommunications. They include Spanish banking group Santander, Dell, BMW, and Citi to name a few. |
The company claims that six of Chile’s top eight banks and four of the top six retailers are its clients. |
“Chileans are people who love innovation, and analytics-based decisions are the wave of the future,” said Nardy. |
The Silicon Valley firm says that its technology solutions have helped people in more than 100 countries protect themselves from fraud payment cards. |
Fico has an alliance with Capgemini to market its risk and fraud management products in North America. It is not clear if they have extended this partnership to Latin America, where the French firm has significant presence. |
September 2, 1991 -) is Hyogo Prefecture born in Japan AV Actress. Facial features slightly like Zuo Shan love, tall and hot is not inferior to Zuo Shan love. |
2012 become IdeaPocket special subject AV actress. |
Were you satisfied with Phillips Properties Llc services? Help other home buyers and sellers evaluate real estate agents in Milwaukee, Wisconsin. Be our first to share your experience with Phillips Properties Llc. Thank you! |
A Constitution Bench of the Supreme Court in a recent judgment in State of Jharkhand v. Hindustan Construction Company (“HCC”) held that even if the Supreme Court retains some degree of control over an arbitration proceeding, it does not become the court of appropriate jurisdiction to entertain an application for making the resultant arbitral award as rule of the court. In doing so, the Supreme Court expressly overruled two of its prior judgments, viz., State of Madhya Pradesh v. M/S Saith & Skeleton and Guru Nanak Foundation v. Rattan Singh (“Guru Nanak”). |
The State of Jharkhand, on April 10, 1996, filed a money suit before Sub-Judge, Saraikella for realization of certain sum with interest, pursuant to a contract dated April 25, 1989. Hindustan Construction Company filed an application for stay of the suit under section 34 of the Arbitration Act, 1940 (the “Act”). The Sub-Judge allowed the application for stay and expressed the view that it was desirable for parties to settle the dispute through arbitration. The State appealed to the High Court which dismissed the appeal in August 2002. |
The State then preferred an appeal to the Supreme Court which, through its order dated January 2013, appointed an arbitrator and also directed the arbitrator to file the award before the Supreme Court. After conclusion of the arbitration proceedings, the arbitrator filed the award before the Supreme Court. The State of Jharkhand challenged this award before the civil court while Hindustan Construction Company filed an affidavit before the Supreme Court requesting it to pronounce judgment in terms of the award. It contended that since the SC had directed to filed the award before itself, it alone had the jurisdiction to pronounce judgment in terms of the award. |
The Supreme Court extensively analyzed section 31(4) of the Act which, where an application is made in relation to an arbitration proceeding, confers upon a court the exclusive jurisdiction over all subsequent applications related to those arbitration proceedings. In Guru Nanak, section 31(4) was relied upon to conclude that Supreme Court can also become the court with exclusive jurisdiction if it retains control over the proceedings. |
However, the Court in HCC held that, keeping in mind the meaning of the term ‘court’ in the definition clause, its meaning as employed in section 31(4), and appreciating the same in the context of the provisions and the scheme of the Act, the Supreme Court can never be the court that assumes exclusive jurisdiction under section 31(4). The reasoning behind this is that if the Supreme Court does assume exclusive jurisdiction, it would amount to the Court taking over original jurisdiction. However, the Supreme Court cannot assume original jurisdiction in matters outside the realm of those provided in articles 32 and 131 of the Constitution. |
Further, the Court held that it cannot assume original jurisdiction because, by doing so, it would be depriving the party of the right to appeal which is statutorily provided under section 39 of the Act. The Court, after alluding to its previous judgments, held that right to appeal is a substantive and vested right, and the Supreme Court cannot take away that right by assuming original jurisdiction. Thus, in conclusion, it held that the civil court is the court conferred with jurisdiction under the statute and the same cannot be allowed to shift or be made flexible because of a superior court’s intervention in the matter in a different manner. |
Section 31(4): Much Ado About Nothing? |
The Court extensively discussed section 31(4) of the Act and whether the Supreme Court can retain exclusive jurisdiction based on it. However, on a plain reading of the section, this seems an exercise in futility. |
Section 31(4) provides that the court where the application is made in any reference will be the court that will retain exclusive jurisdiction over the arbitral proceedings . In the instant case, the application was not made before the Supreme Court, and the matter had reached it only by way of an appeal. Thus, section 31(4) simply cannot be used to confer exclusive jurisdiction over the Supreme Court, as the application was not made before it, which is an essential requirement of the section. Moreover, this would apply to all cases because, in a domestic arbitration, an application in reference to the arbitration is never initially made before the Supreme Court. |
This simple requirement has been completely ignored by the Court in HCC. Interestingly, in Guru Nanak, this contention was raised before the Supreme Court. It was argued that since the first application under section 20 of the Act was filed before the Delhi High Court, that court should retain exclusive jurisdiction. However, the Supreme Court did not accept this contention and retained exclusive jurisdiction. |
Assuming that the above argument does not apply to deny the Supreme Court with exclusive jurisdiction under section 31(4), the violation of a right of appeal cannot be a ground for the same. Admittedly, section 39 of the Act does provide the parties a right to appeal the orders passed by a lower court. However, as the judgment itself notes, the right of appeal is not an absolute right and there can be limitations imposed on it. |
It is important to note that section 31(4) starts with a non-obstante clause which means that the effect of this provision would prevail over any other provision in the Act. Thus, section 31(4), which confers exclusive jurisdiction to the Court, must prevail over the right of appeal. The right of appeal is limited to that extent. Hence, there is no question of violation of the right of appeal as it is not available in cases that fall within the ambit of section 31(4) of the Act. |
As is noted in the judgment itself, the purpose behind section 31(4) is to vest exclusive jurisdiction regarding all arbitration proceedings with one court. This is to ensure that the proceedings are conducted smoothly, with certainty, without any confusion or conflict created by applicants approaching different courts at different stages. |
As a result of the judgment in HCC, while the filing of the award will have to happen before the Supreme Court, the challenge to the award will have to be made before a civil court. This clearly does not meet the purpose of one court having exclusive jurisdiction and the parties not having to approach different courts at different stages. The Court has failed to address this issue. |
Section 31(2): Twice Ignored by the Supreme Court? |
Section 31(2) of the Act provides that all questions regarding the validity, effect or existence of the award shall be decided by the court where the award is filed. Thus, if the award is filed with the Supreme Court, the section mandates that it would be the Supreme Court that will deal with the question of validity or existence of the award. |
Now, when the Supreme Court asked for the award to be filed with itself, if it was aware of the existence of section 31(2) and its consequences, then perhaps it was the intention of the Court to take up exclusive jurisdiction. However, if it did not have section 31(2) in mind and it merely wanted to supervise the arbitration to a limited extent, then perhaps the Court erred and went too far in asking for the award to be filed with itself. It is interesting to note that both in Saith & Skeleton as well as Guru Nanak, the Supreme Court had not explicitly asked for filing the award with itself. |
Having said that, once the Court has asked for the filing, erroneously or intentionally, section 31(2) must be followed. However, the Constitution Bench failed to consider this provision in deciding which court will have jurisdiction to decide challenge to the award. |
In this case, the court has restricted the application of section 31(4) by excluding the Supreme Court from retaining exclusive jurisdiction over arbitration proceedings. It is commendable that the court has protected rights of the parties such as the right of appeal. However, on a simple reading of section 31(4), it is clear that it can never be used to confer exclusive jurisdiction over the Supreme Court. |
However, even if that is not correct, the Court erroneously uses right of appeal as a ground for denying the Supreme Court with exclusive jurisdiction under section 31(4). Moreover, the Court does not consider the implication of its judgment in so far as it defeats the purpose of section 31(4). |
It is important to note that this issue does not arise under the Arbitration and Conciliation Act, 1996. This is because, unlike the 1940 Act, the 1996 Act contains an exhaustive definition of the term “Court” which is limited to district court and High Court. This was clarified in State of West Bengal v. Associated Contractors. |
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DENMARK - UK – ASIA - EUROPE – In a bold move designed to out manoeuvre their rivals Maersk, the largest container shipping line in the world, today announced what they consider to be the first major step forward in box transportation for well over a decade. ‘Daily Maersk’ will offer guaranteed delivery times from four Asian ports to three major European hubs for any FCL freight deliveries every day of the week. |
Speaking at the London launch Eivind Kolding, CEO Maersk Line said that from the company's inception in 1928 very little changed from the monthly schedules offered until in the late 1940’s when twice monthly services appeared. Even with the introduction of containerisation weekly schedules failed to appear until the 1990’s since when little if anything had changed. He said it was Maersk’s intention to offer shippers a ‘conveyor belt’ service with Maersk becoming a natural extension of a supplier’s production line. |
The service schedules were arrived at after Maersk embarked on a protracted dialogue with their major customers and indeed the product is principally aimed at the heavy hitters, the regular clients with extensive contract commitments to shipping large quantities, which is not to say that spot purchase clients will not necessarily benefit from the reduced delivery times Maersk feel are attainable. |
The discussion with stakeholders produced three clear requirements including reliability, all shippers were keen to know exactly when their goods would arrive at the destination port as currently around 50% of TEU’s fail to meet the original estimated times of arrival. Complicated systems were another bugbear, consignors wanted a one stop, one touch system rather than the nineteen or so inputs required to send a box on its way which currently exists. The third request was to ensure that wherever possible the customer could claim to maintain their green credentials by utilising a system that was as clean as could reasonably be expected. |
‘Daily Maersk’ is the product of these discussions and Maersk are so confident of its success they are to pay compensation for every container that fails to meet the deadline they have underwritten. The company will pay customers who sign up to the system compensation of $100 for a delay between one and three days. Should the freight arrive 4 days late they will hand over $300. Needless to say Maersk have written in get out clauses for bad weather, port strikes etc. |
Of course there is a downside, at present up to 50% of booked boxes fail to arrive at the port in time to meet the cut off times, or indeed at all, and to the container companies this simply means lost revenue. Containers booked under the new system which fail to arrive will be subject to a penalty which presumably will be negotiated with individual shippers (those which deign to agree to it). Maersk see this system as a way to directly influence the current overbooking problem. |
The new schedules, from Ningbo, Shanghai, Yantian and Tanjung Pelepas to Bremerhaven, Felixstowe and Rotterdam, will occupy 70 vessels of the company’s fleet, around 25% of Maersk Line’s TEU carrying capacity. Despite the mention of the intent to make the service as green as possible it simply may not be feasible with traffic levels as they are. Only by running the newer, larger yet more efficient vessels closer to their full capacity can reduced emissions of CO2 per tonne be achieved. To ensure vessels make their guaranteed time targets it may even be sometimes necessary to abandon the current slow steaming policy, designed to conserve expensive fuel and reduce pollution levels, simply to stick to schedules. |
“This is the first time compensation will be paid by a shipping company and this is to underscore our confidence in this product. We have been in discussion with a number of customers, including Sony, and they have expressed approval. ‘Daily Maersk’ responds to some key concerns by ensuring on time delivery in Northern Europe. How can we do this? By upping capacity and spreading port calls and having a back up plan for every vessel. All the customer needs is total transport. We see larger customers with sophisticated management systems taking advantage of this and reducing their warehousing needs. |
No partnerships with other lines will be involved in the provision of this service and, before anyone believes this will be rolled out globally, even Maersk admit that the daily cut off system is currently only feasible on the busy Asia to Europe run. Cynics will note that Maersk are due to collect a lot more of the bigger container vessels they have on order within the next year or two and they need cargo to fill them but there is no doubt that other box carriers will feel a chill down their spines at what is a very inventive and bold move to completely dominate the Asian European freight trade. |
The first daily cut off will be on the 24th October, the guaranteed transportation times to the three European ports (Bremerhaven, Felixstowe and Rotterdam) are as follows. Ex Ningbo – 36 days, ex Shanghai – 34 days, ex Yantian – 30 days and for Tanjung Pelepas – 26 days. Transportation time is defined as from the cut off date issued for the departure port and the availability of the cargo at the port of destination. If cargo arrives early there will be no demurrage charges until the agreed cargo availability date has passed. |
Around seven million forty foot equivalent units pass from Asia to Northern Europe annually and Maersk currently shift over one million of them. With this set of schedules it is obvious that the Danish giants intend to take up as much of the market as possible by concentrating more than ever on the companies responsible for the bulk of this traffic. The end result remains to be seen but as this scheme takes shape at least two of Maersk’s main rivals will be looked at very closely by industry analysts should it result in an upswing of tonnage for ‘Daily Maersk’. |
Photo:- The giant Emma Maersk in port. |
A new batch of postcrossing postcards to oversea penpals. |
It's been a long time I didnt update my postcard's blog. Pardon me. |
These are the expired postcards on my postcrossing portal. |
Portal 1 got 5 expired postcards. |
MY 338394 Piiiline, France, 12 Sep 2016 expired 125 days. |
MY 333953 Misa015, Czechia, 17 Aug 2016 expired 151 days. |
MY 333949 Wilma84, Nethterlands, 17 Aug 2016 expired 151 days. |
MY 331372 Angelthecat, Germany, 2 Aug 2016 expired 166 days. |
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Portal 2 got 5 expired postcards. |
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MY 317502 Ting Jui Shao, Taiwan, 9 May 2016 expired 251 days. |
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I hope they would read this message as I also sent them reminder emails. |
Safety for your users, growth for your business. |
Account takeover (or ATO) – when a bad actor uses stolen credentials to access a good user’s account – is among the fastest growing types of fraud. And fake accounts harm a business’ brand reputation. |
Zermatt Glacier Days is back! |
That’s right! Your favorite summer time series returns! Check out Will, Sami, Rob and Jeff in the first episode of this seasons, #ZermattGlacierDays!! |
People looking for sales jobs in the West Midlands are in a region which is coping well during the economic downturn, according to one minister who praised the area's 'can do' spirit. |
Energy and Climate Change minister Lord Hunt of Kings Heath said that the region is a good location for green industries and the sector is expected to grow by four per cent in the next year, which could be good news for sales jobs. |
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