text:
Direct Appeals
The Supreme Court of Georgia
The Court of Appeals of Georgia
Motion for New Trial
Interlocutory Appeals
Discretionary Appeals
Probation Modifications
Georgia Appellate Issues
Fourth Amendment Appeals
Fifth Amendment Appeals
Sixth Amendment Appeals
Ineffective Assistance of Counsel Appeals
Venue Appeals
Misdemeanor Marijuana
Theft Offenses
Cobb County Felonies
Cobb County Misdemeanors
Defenses to Crimes
First Offender Act
Record Restriction (Expungement)
Right to Counsel
Administrative License Suspension (ALS)
Refusing the Breath/Blood Test
Field Sobriety Evaluations
Motion to Suppress
DUI Defenses
Cobb County DUI Defense
Kennesaw DUI Defense
Marietta DUI Defense
Powder Springs DUI Defense
Acworth DUI Defense
Smyrna DUI Defense
Austell DUI Defense
Sex Offender Registry Removal
Sex Offender Registration Review Board (SORRB)
Out-of-State Convictions
Residency Restrictions
Sex Offender Registry Statute
Sex Offender Registry Release Statute
O.C.G.A. 17-10-6.2
Registry Removal Cases
Appealing a Conviction in Georgia
There are countless bases on which a conviction can be appealed. Some of the more common issues are described in this section. However, for a discussion of the particular issues in your appeal, contact a Marietta Criminal Appeals Lawyer and Georgia Criminal Appeals Lawyer here.
Denial of Motion to Suppress
A motion to suppress is asserted to dispute the admissibility of certain evidence at a criminal trial. It is a pretrial motion, and the State has the burden of proving the legality of the search or seizure that led to the discovery of the evidence in question. If the pretrial motion to suppress is denied by the trial court, the defendant can file an interlocutory application in an attempt to appeal the ruling before trial. Otherwise, the denial of the motion to suppress can only be appealed if the trial is conducted and the defendant is convicted.
The appellate court will analyze the denial of the motion to suppress in one of two ways. If there are any facts in dispute, the appellate court will give deference to (in other words, side with) the trial court judge, whose job it was to discern the facts. However, the appellate court will do its own analysis of the law applicable to those facts. They will reverse the trial court only if the denial of the motion was "clearly erroneous."
If the facts are undisputed, the appellate court will conduct what is called a "de novo" review of the law applicable to the ruling. For a defendant appealing the denial of a motion to suppress, this is a much more favorable standard of review.
While motions to suppress are normally associated with drugs that were discovered, they can also apply to any other type of evidence that the State intends to introduce against the defendant. This includes, of course, incriminating statements or confessions.
The motion may be based on any number of asserted illegalities regarding the search or seizure. The stop of the vehicle may have been without reasonable suspicion. The search of the house may have been without a warrant and without any exigent circumstances justifying a warrantless search. The statement made by the defendant may have been without the benefit of the Miranda warnings. Or the statement made have been coerced. These are a just a few examples of commonly appealed issues asserted pretrial during a suppression hearing.
Denial of Motion for Mistrial
Imagine that before your trial the judge ruled certain evidence was not admissible. Then, in the middle of trial a witness blurts out the evidence that was ruled out. The defense attorney stands up and objects and then, outside the presence of the jury, moves for a mistrial. When the court denies the motion, as long as the trial attorney sufficiently preserves the issue, this presents a basis for appeal.
Trial judges are vested with an enormous amount of discretion in such circumstances. Thus, the denial of the motion for mistrial will only present a basis for reversal of the conviction if the trial judge abused his or her discretion. This is a tough burden to overcome, but not insurmountable.
If you work on appeals, you will oftentimes see arguments made by defense attorneys that "the bell can't be unrung." What this means is that no warning by the judge to the jurors to ignore the evidence in question could possibly be sufficient to make sure that they don't consider the evidence when they deliberate. For example, if the defendant made an incriminating statement but the trial court excluded it, and then a witness testifies that the defendant did make the statement, the damage has been done and no objections from the defense nor admonitions from the trial court could possibly cure the harm to the defendant.
Certain situations are more likely to make the denial of a motion for mistrial reversible error. When a police officer, someone who the appellate courts consider "should know better," testifies to evidence that is clearly inadmissible, this is more likely to require a new trial. When a prosecutor makes a closing argument that is clearly improper, this too presents a stronger argument for reversal.
Ineffective Assistance of Counsel
This section could be quite lengthy, but will instead only cover the basics. Ineffective assistance of counsel is one of the most common appellate issues, but it is also one of the toughest to prevail on.
Criminal defendants are entitled, by both the Federal and Georgia Constitutions, to the effective assistance of counsel. Claims of ineffective assistance may be based on the following:
failure to locate an exculpatory witness
failure to object to inadmissible evidence
failure to file certain pretrial motions
failure to request a certain jury instruction
failure to object to erroneous jury charges
The burden of proving that trial counsel was ineffective rests on the defendant, as do most appellate issues. There are two prongs to an ineffective assistance claim: that your trial lawyer's performance was deficient in some way, and that this deficiency prejudiced you at trial. The appellate court can reject your claim of ineffective assistance based on either of the two prongs. In other words, even if your trial lawyer performed deficiently, you will not be granted a new trial if the error did not harm you overall. Similarly, even if the decision made by trial counsel was harmful, you will not be granted a new trial if the decision was reasonable.
Deficient performance is generally defined as a decision made by the trial lawyer that no reasonable trial lawyer would have made. If the decision was reasonable under the circumstances, then the claim of ineffectiveness will fail. "Trial strategy" is a phrase often associated with this analysis, and any time a lawyer's decision to do or not do something is a reasonable trial strategy it is not deficient performance. Claiming trial strategy alone, however, does not automatically insulate a trial lawyer from a viable claim of ineffectiveness, but the defendant on appeal must establish that the strategy was one that a reasonable trial lawyer would not have had.
Prejudice in this analysis is synonymous with harm. The defendant must establish that, but for the trial counsel's deficient performance, there is a reasonable probability that the outcome of the trial would have been different. A trial lawyer's error or omission is not enough to win reversal; the defendant must prove by a preponderance of the evidence that he or she was actually harmed. Prejudice is also defined as harm sufficient to undermine confidence in the outcome of the trial.
While Georgia does not recognize the "cumulative error" rule that other states do, the appellate court is required to consider the "cumulative prejudice" caused to a defendant when his or her trial lawyer performs deficiently in more than one way. Therefore, the appellate court must "add up" the harm caused by each individual error or omission to determine whether the grand total of harm is sufficient to establish the prejudice prong.
Erroneous Jury Instructions
The jury charges are arguably the most important aspect of a criminal trial. This is because the law that the jury applies to the facts of the case will determine whether the defendant will be found guilty or not guilty. With this in mind, it is no surprise that errors in the jury instructions are the frequent basis for reversals. This issue generally takes one of two forms: the judge giving an inapplicable jury charge, or the judge refusing to give an applicable charge requested by the defense.
A vigilant trial lawyer will scrutinize the charges that the judge intends to provide. Most jury charges are found in the pattern jury instructions manual that is provided to all state-level judges. But even these charges need to be tailored to the facts of the case. Otherwise, there is a risk that the jury could convict the defendant based on a manner of committing the alleged offense that is inconsistent with what the indictment spells out.
For example, aggravated assault can be committed in several different ways. If an indictment alleges that the defendant committed that offense with a deadly weapon, but the trial court charges the jury that aggravated assault is an assault with the intent to murder, this is problematic if there is evidence that the assault was done with the intent to murder because the jury may convict the defendant based on a manner not alleged in the indictment. This would relieve the prosecutor of his or her burden to prove that the defendant committed the offense in the manner alleged.
A vigilant trial lawyer will also carefully prepare the defendant's requests to charge to ensure that all of the law favorable to the defendant gets charged to the jury. If the evidence supports a jury instruction that the defendant was merely present at the scene of the crime but did not take part in it, it is vital that the jury is instructed on the law of mere presence alone being insufficient to convict. If the evidence is wholly circumstantial, it is vital for the jury to learn that the prosecutor has to therefore disproof all reasonable hypotheses other than the defendant being guilty. If the defendant refused to submit to the breathalyzer test, it is vital for the jury to know that they may not infer that he or she was intoxicated based on the refusal.
Some charges must be given by the trial judge even if not requested by any party. For example, if a defendant's sole defense is that he or she acted in self-defense, the trial court is required to provide that jury instruction even if if the defense lawyer does not request it. If the trial fails to provide the jury an instruction on the defendant's sole defense, this is automatic reversible error.
In order to preserve any appellate issues based on the jury instructions, a trial lawyer must make their specific "exception," or objection, following the charge of the court to the jury. Otherwise, any objection has been waived and the defendant on appeal will therefore have to prove ineffective assistance or establish that the jury charge issue constitutes "plain error," a high burden to meet.
One of the "general grounds" of appeal is sufficiency of the evidence, or insufficiency of the evidence. The argument is that the State failed to present enough evidence for any reasonable juror to find you guilty. This is one of the very few appellate grounds that, if successful, the defendant walks free.
Normally, this ground is asserted if the State's proof was lacking regarding one of the essential elements of the offense. For example, the defendant was charged with statutory rape and the State failed to introduce any evidence that the alleged victim was under the age of 16. Maybe the defendant was charged with burglary and the State failed to prove that the defendant did not have consent to enter the building. In a drug trafficking case, the State failed to prove the weight or amount of the drugs.
One commonly appealed issue is the State's failure to prove venue, that is that the crime was committed in the County where the case is being tried. The State can typically meet its burden of proving venue by asking one simple question: "did this event take place in Cobb County?" Believe it or not, sometimes this question does not get asked. If the State fails to prove venue, the conviction will be reversed. However, unlike other sufficiency grounds, the State can retry the defendant under these circumstances.
Jury Selection Issues
Selecting the jury at trial is a hugely important part of a case. The jurors selected will listen to all the evidence and testimony before deciding whether to find the defendant guilty or not guilty. Although this is called jury selection, this is really more a process of jury de-selection; the parties don't get to choose who sits on the jury, they get to choose who does not sit on the jury. The actual jury is comprised of those jurors who were not struck by either party.
In a felony trial, each party gets to exercise nine peremptory strikes, excusing jurors for any reason under the sun other than on racial or gender grounds. Each party may also move for any number of strikes for cause when a juror's answers during voir dire reflect that the juror would be unable to be a fair and impartial juror. Strikes for cause may also be made on other bases.
If the trial court denies a defendant's motion to strike a biased juror for cause, this could be grounds for reversal of the conviction. This is particularly harmful to the defendant when he or she is forced to use a peremptory strike on a juror that should have been stricken for cause.
One other common jury selection issue is when the defendant believes that the State exercised its peremptory strikes against jurors solely because of their race or gender. If properly objected to, the State is required to establish that its strikes were made for race or gender-neutral reasons. If the State is unable to make a sufficient explanation of its reasons for the strikes, any conviction later obtained will be reversed.
The defendant in a criminal case is statutorily permitted to question the prospective jurors about anything that may make them biased in the particular circumstances of the individual case. If the judge curtails the defendant's right to explore bias, this may be reversible error. Further, if any juror, based on the totality of his or her answers, is "substantially impaired" in their ability to be fair and impartial, this juror must be struck for cause by the trial judge even if neither party requests it.
Self-representation, while a right in Georgia under our Constitution, is not an option when appealing a conviction. Just like you wouldn't want a non-doctor to perform surgery on you, you don't want to risk a non-lawyer handling your appeal. If you have been convicted of a crime and wish to appeal that conviction, call a Georgia Criminal Appeals Lawyer and Marietta Criminal Appeals Lawyer at 404-985-9772.
Lawyer Benjamin Goldberg | Featured Attorney Criminal Defense
Lawyer Benjamin Goldberg | Featured Attorney Appeals
Lawyer Benjamin Goldberg | Lawyer Criminal Defense
"Without a Doubt the Best"
"I would highly recommend Ben. There were not any surprises or extra costs. He was very clear on what to expect. Even more impressive was what happened before I went to court and while in court, everything happened exactly as Ben had told me it would. When I was in the court room and Ben needed to make things happen, he was so articulate I felt as though I had an entire team of lawyers."
"Truly an attorney with not just intellect but heart!"
"When Mr. Goldberg came into my life, he went against all odds, believed in my innocence, fought for my justice, and supported me as my lawyer and my friend. I personally believe that when Mr. Goldberg chose to practice law, his goal was not money nor prestige, but was only the well-being of the client. More specifically, he values the lives of the individuals he represents and provides them with the best defense to see to it that justice is served."
The Stephens Building
145 Church Street, Suite 120
Copyright © 2023 The Law Office of Ben Goldberg, LLC


Is the compose message window a LaunchBar thing, or a macOS feature that LaunchBar invokes? In Mojave dark mode, text in the composition window is the same or similar color to the window background, and not visible.
I'm not getting images on the LB clipboard, even with the Safari Technology Preview. I did hear back from LaunchBar support that this is a known bug, and they are working on it and trying to fix the issue as soon as possible.
Bringing this thread back from the dead, as I'm interested in the same thing. I tried Skype, but the outgoing call quality was horrible compared to Google.


WWII German Luftwaffe Model 1938 Paratrooper SD Camo Helmet-Wow! What a looker! This beauty features a "FJR 6" type camouflage scheme of greens and tan. The camouflage finish remains an amazing 85%intact. We believe the Luftwaffe eagle decal was "liberated", i.e. uncovered, as it shows wear and is basically just the outline. But it is there and looks cool! The size 58 brown leather liner is in fine condition, remaining very soft and supple with minor wear and discoloration only. It is well marked. The maker is Heisler of Berlin. The harness is also beautiful, remaining soft and supple with much of the chamois underlining still in place. There is an aluminum liner band held in place by four spanner type bolts. The off white neoprene pads are present and stiff as they should be after all of these years. The side of the interior is stamped ET 68 indicating production by Eisenhuttenwerke of Thale in the size of 68. The rear skirt is stamped with the steel lot number 1922 indicating production some time in 1942. A fantastic piece!


This is a garage sale patio table I added the broken Tile mosiac.
Outdoor patio rustic farm tables–well make you one! I think this is what we are going to have to do to find an outdoor table to fit our large family!


Abandoman aka Rob Broderick creates hilarious musical sketches at lightning speed live in front of his audience. No two gigs are ever the same!
The project sees comedian Broderick reinventing hip hop in a way that appeals to all age groups.
Winner of the Hackney Empire New Act of the Year, Musical Comedy Awards and the Adelaide Fringe Festival "Best Comedy – Newcomer" award, Abandoman creates musical songs and sketches at lightning speed based on audience interaction.
Come to the show, drop your suggestions in the ring and watch as Abandoman makes musical magic.
The last few years have seen Abandoman tour with multi-platinum artist Ed Sheeran, headline comedy stages at every major UK music festival (including Glastonbury, Latitude, Bestival, Leeds & Reading), host London's St Patrick's Day event to over 15,000 revelers in Trafalgar Square, and be named out of over 2000 acts as the Sunday Times' "Best Musical Act" of the Edinburgh Fringe Festival 2014.
Abandoman performs extensively in both the UK and abroad. Including sold-out runs at the Adelaide Fringe Festival, and shows in Hong Kong, America, and numerous destinations in Europe.
Abandoman has appeared on 8 Out of 10 Cats Does Countdown, The Al Porter Show (RTE), The Ray D'Arcy Show (RTE), BBC3′s Live at the Edinburgh Fringe Festival, BBC2′s The Stephen K Amos Show, on Sky Arts as part of their Latitude coverage and many radio shows, including BBC Radio 1′s Fun And Filth Cabaret, alongside Paloma Faith and Nick Grimshaw.
Abandoman is favourite on the comedy, music and corporate circuits on account of Rob's ability to interact with an audience in an unparalleled fashion. Watch your guests be turned into heroes, and watch the astonished faces of their peers as never-to-be-repeated songs captivate and enthral the crowd.
"Killer punch lines. Note-perfect, lyrically mind-blowing hip-hop improv. Genius!"


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Burns Paiute Tribe not happy with armed group on ancestral land
burns paiute
charlotte rodrique
land claims
selena sam
Posted: Wednesday, January 6, 2016
Dancers at a Burns Paiute Tribe powwow. Photo from Facebook
Leaders of the Burns Paiute Tribe of Oregon are speaking out against an armed group that is occupying a federal refuge near the reservation.
The land in and around the Malheur National Wildlife Refuge was originally promised to the tribe by treaty. The federal government took all 1.78 million acres and the reservation now consists of less than 800 acres.
"There was never an agreement that we were giving up this land," Chairwoman Charlotte Rodrique told Reuters. "We were dragged out of here."
Selena Sam, a council member, expressed similar sentiments. A land claim against the government was eventually settled for pennies on the dollar, according to the tribe's website.
"I'm like, hold on a minute: If you want to get technical about it, the land belongs to the Paiute here," Sam told Reuters of the group's claim that the government does not own the refuge.
The armed group at the refuge consists of about 20 people, according to local media reports. Participants include members of the Bundy family who have participated in other anti-government protests, including one in which ancestral tribal sites in Utah were damaged.
Oregon native tribe uncomfortable with armed standoff over land rights (Reuters 1/6)
Oregon Tribe: Armed Group 'Desecrating' Their Land (AP 1/6)
Burns Paiute Tribe says armed activists 'desecrating' land (KATU 1/6)
Oregon militants: What you need to know Wednesday morning (The Oregonian 1/6)
Protesters in Oregon Seek to End Policy That Shaped West (The New York Times 1/6)
Life in the Sleepy Oregon County Where Armed Protesters Have Occupied a Wildlife Refuge (The New York Times 1/6)
Ryan Bundy Walks Back Remarks About Ending Occupation (Oregon Public Broadcasting 1/5)
Harney County Sheriff: Armed Occupiers Will Face Charges (Oregon Public Broadcasting 1/5)
An Opinion:
Justin P. McBraye: This Land Is Your Land. Or Is It? (The New York Times 1/5)
Armed group wants more to join protest on ancestral Paiute land (1/5)
Armed group occupies wildlife refuge near reservation in Oregon (1/4)
• Lakota Country Times: Oglala Sioux Tribe addresses youth suicide
• Upwards of 900 bison to be killed or removed at Yellowstone park

redpajama_set_name: RedPajamaCommonCrawl


Japanese craft books, you gotta love 'em. The bright, clear photos presented in an easy to understand step by step format and abundant diagrams. Never mind if you can't read Japanese, the visuals alone will get you through the process. Also known as "mooks," a hybrid of magazine and book, these tend to be smallish paperbacks printed on high quality paper with glossy covers. I covet them.
Buyers often ask which books I suggest for beginners. Sashiko is a fairly simple art form, yet there are many traditional patterns that range from super easy to mind bogglingly difficult. It all breaks down to basic geometry but if math makes your brain hurt, take comfort in the thought that a lot of the time it's just a matter of counting and eyeballing your measurements. Actual historical pieces of sashiko typically aren't all that perfect. Yours don't need to be, either.
The following books are in very limited supply and increasingly hard to get as they are out of print. Those published by Ondori often feature Olympus sashiko supplies in their projects, which are the supplies I carry in my shop.
Quick, cheap and easy: This one I refer to as the "Little Blue Book". That's not the actual title, but it's easier to remember when I'm looking for it on the shelf. Plenty of color photos, good small projects, pocket size so it's easy to carry in a purse or project bag. Includes directions for a coin purse, apron, book cover, placemat & napkins, etc. and shows how to stitch. A nice pocket primer. Published by Ondori.
One project, many ways: Sashiko no Hana Fukin has 72 pages of color photos, line drawings and lovely small projects. A fukin is a small hand or wash cloth. These are similar to the preprinted sashiko kits I carry in my shop and are quite simple to make. Photos of finished projects and line drawings of patterns to copy make this a nice resource for projects you can use in your kitchen. Good for beginners. Published by Ondori.
Small book, big variety: Kawaii Hana Sashiko features a broad range of projects and ideas such as bags large and small, t-shirt decoration, book covers, and oven mitts. Kawaii means "cute"! Includes examples of advanced work and even kimono. Good for inspiration if you are beyond beginner. Published by Tatsumi.
My go-to project book: Sashiko no Hon covers the basics including fukin, pot holders, simple tote bags and small purses. Clear black and white line drawing diagrams in the back, full color basic instructions on how to start towards the front. Good for those who already know how to sew. Published by Ondori.
If you don't see these in my shop, just ask and I'll see if I have what you're looking for on the shelf. I will be restocking a few this week and again in June after Fanime.
Next up, sashiko books in English!


Ecobots all you need prefold pack.
Our prefold pack contains all the prefolds you will need from birth to potty, if you're looking to wash every other day. (You will also need nappy covers, sold separately). As your baby grows, you will need bigger nappies to fit, and to cope with larger amounts of liquid, this pack contains all of the sizes and nappies that you will need.
It's great having everything on hand because you can experiment with the different sizes as your baby grows and the nappies make fantastic burp cloths, car seat liners, tummy time and changing mats!
Having different sizes means that you can use a smaller nappy on a smaller baby, so that it is not too big and bulky, and larger nappies on larger children for a better fit. As your baby gets older, you will find that you can go longer between changes, which is another reason for wanting better absorbency.
We have included more of the nappies that you will need more of, meaning that our prefold pack contains all that you are likely to need while your baby is in cloth nappies.
These nappies are also available in packs containing nappy covers, should you wish to purchase everything together.
Prefold cotton nappies also make good boosters in extra padding in other types of modern cloth nappies.
Want to know more about using our cloth nappies? Check out our how-to guides here.


text:
Il Palazzo Mugnos o Palazzo Vassallo è un edificio di Licodia Eubea.

Storia
Il palazzo è sito in via Mugnos vicino alla chiesa madre di Santa Margherita. Il palazzo risale al '700 ed è appartenuto alla famiglia Vassallo da cui prende pure uno dei due nomi. Precedentemente appartenne pure alla famiglia dei Mugnos, stretti collaboratori dei Santapau. Il fabbricato è caratterizzato da un ampio cortile interno e da un prospetto tardo barocco siciliano. Infatti decorano la facciata i mascheroni tipici del barocco siciliano e lo stemma dei Vassallo posto sul portale centrale. Il prospetto principale è composto da un'entrata maggiore che conduce al cortile interno e da due entrate minori. Sormontano le tre entrate, tre balconi posti in modo simmetrico. Oggi la parte del palazzo che dà sulla via Mugnos appartiene al comune di Licodia Eubea.

Galleria d'immagini

Altri progetti

Mugnos

redpajama_set_name: RedPajamaWikipedia


text:
Jaqueta é uma espécie de casaco mais curto, aberto à frente e que bate à altura da cintura.

Veja também

Casaco

Ligações externas
ModaSopt.com: Jaqueta militar: ícone de moda há 80 anos

Casacos


text:
The Residence of the Governor-General of Saint Kitts and Nevis His Excellency The Governor – General Sir S.W. Tapley Seaton, GCMG, CVO, QC, JP Welcome to Government House
Message From The Governor General
It is my pleasure to welcome you to Government House, Springfield, St.Kitts, the Official Office and Residence of the Governor-General.
When we attained Independence on 19th September, 1983 and our Constitution came into operation, the Office of Goevernor-General was created. The Governor-General represents Her Majestry The Queen of Saint Christopher (St.Kitts) and Nevis and is the Head of State and Head of the Executive of our Government. The Governor-General holds the highest Office in St.Kitts and Nevis and is addressed as His Excellency or Your Excellency as may be appropriate.
Government House has a fascinating history and the biographical details of former holders of the office of Administrator, Governor, and Governor-General may be interesting to research. I invite you to peruse this website which is intended to give you some insight into the Office of Governor-General, some functions or duties of that Office and a brief historical overview of Government House and some of the previous holders of the offices of Administrator, Governor and Governor-General.
Sir S.W. Tapley Seaton
G.C.M.G., C.V.O., Q.C., J.P
Governor Conference to be Held in April 2018
Ambassadors & Dignitaries
All Ambassadors & Dignitaries Awards Uncategorized
Governors-General and Presidents of the Caribbean Region visit Nevis
Viagra cialis pharmacie À ce sommet, nous recevons seuls des réseaux superposés délimités acheter sildenafil 50 mg jelly augmenté événements, perte auditive soudaine et occlusion vasculaire […]
NEW REPUBLIC OF CHINA AMBASSADOR TO ST. KITTS-NEVIS PRESENTS CREDENTIALS TO GOVERNOR-GENERAL
Basseterre, St. Kitts, August 15, 2018 (SKNIS): His Excellency (H.E.) Tom Lee, New Resident Ambassador of the Republic of China (Taiwan) to St. Kitts and Nevis, presented his Letter […]
HER MAJESTY THE QUEEN'S 2018 NEW YEAR'S HONOUREES
BASSETERRE, St. Kitts, June 20, 2018 (Press Unit in the Office of the Prime Minister) – Prime Minister, Dr. the Honourable Timothy Harris, has formally congratulated the four nationals […]


Outraged has been sparked after footage surfaced, showing African migrants being sold as slaves in Libya. The men are smuggled in with hopes of starting a new life, only to be betrayed by the people smuggling them in.
In the video released by CNN, you can both hear and see a slave auction taking place, as young men from Niger and other sub-Saharan countries are bought to be farm workers for about $400 (£300) a piece.
The African Union (AU) President Alpha Conde of Guinea is calling for protections over the "despicable" trade "from another era".
Conde said, "These modern slavery practices must end and the African Union will use all the tools at its disposal," Mr Conde said.
The International Organization for Migration (IOM) has been working to gather information on the illegal slave auctions. IOM's Chief of Mission for Libya Othman Belbeisi believes that the migrants are being priced and sold based on their abilities.
The Chinese already ARE exploiting them.
You too Z , just finished making all the perpetration for tomorrow. Went shopping . Cleaned the bird made the Stuffing set up the tables etc . Should be pretty good , got a 22pounder and a 10 lb spiral ham.


text:
Scottish Blood In American Clay
Scottish musician Malcolm MacWatt has already gained recognition for his powerful song-writing. As a solo performer, swapping out his telecaster for an acoustic guitar, his story-telling comes to the fore, often with brutal clarity, writing about love, loss, guilt and loneliness with recurring themes of home, connection and family. By paring songs down to the absolute minimum he allows the lyrics and melodies to take priority.
Age 12 and getting into the guitar, Malcolm first heard Johnny Cash at San Quentin and was immediately hooked into country music, especially the more traditional, folk elements with roots stretching back across the Atlantic to Britain and Europe.
As his interest in the guitar developed over the years he has been influenced by players from across the music spectrum including Jimmy Page, Jimmy Vaughan, Brian Robertson, Robert Smith, Django Reindhardt , Tony Rice and many others. He includes Justin Currie, Martin Stephenson, Steve Earle, John Martyn and Gillian Welch as songwriters who have shaped his writing in some form.
"Country is heart, guts and soul music, born out of difficult times, and I try to keep that in my writing whether it's a country song or otherwise," he says. "In one way or another I've lived my songs. They're very personal and honest but at every gig people always tell me how they relate to them… I love when that happens."
SKAIL - an old Scots word meaning to disperse, scatter and sail over water - sees MacWatt weaving traditional Scottish yarn into the fabric of Americana for his third 2020 studio release.
The EP features three songs with the Appalachians, evictions, struggle, hope and independence at their heart and is a meeting of Scottish and American roots music with MacWatt playing all instruments throughout.
Written and recorded at the height of the coronavirus lockdown from his home in south-east London, MacWatt found himself longing for the fresh air, clean water, open spaces, familiar faces and above all the safety of Morayshire where he grew up.
During the weeks of isolation he happened across an article about the Appalachian Trail, which runs from Georgia up the east coast of America to Maine, which now includes the Scottish Highlands due to ancient geological links going back millions of years.
Coming from the Moray Firth with the northern mountains of the Black Isle an everyday skyline, the stories of the Highland Clearances were already well known to him but in the context of a pandemic, together with the tragic narratives surrounding UK immigration, he felt compelled to explore the connections between Scottish emigration to the New World in the 18th Century and the roots of country and americana music.
Website: www.malcolmmacwatt.com
Spotify: open.spotify.com/album
Soundcloud: soundcloud.com


The 2nd international conference of the School of Secondary Education: Science Programmes commenced on Wednesday, June 13, 2018. At the opening ceremony which took place at the College Multipurpose hall, the Provost of the College, Dr. James Bassey Ejue, in his remarks formally welcomed the participants to the Federal College of Education, Obudu. He particularly hailed the presence of Professor C.O Iji of Federal University of Agriculture, Makurdi who was slated to present the keynote address, and the lead paper presenters, Dr. A.I. Agbi and Dr. P.C. Israel respectively who were chosen from within the College. It is quite obvious that the paper presenters have always given good account of themselves, according to the Provost.
Dr. Ejue first noted that the theme of the conference "Reforming Science, Technology and Mathematics Education for Sustainable Development Goals" is a very apt one in view of the present realities in the Country. He also acknowledged the important roles that teachers play in the society and urged the upcoming ones to be proud to belong to the profession. The essence of the teaching profession, he said, is to develop key competences that will make them become effective teachers. He said that acquisition of scientific knowledge ranks among the major skills and competences that are required to achieve the sustainable development goals. The Chief Executive then said that the importance of Science, Technology and Mathematics Education cannot therefore be over-emphasized in the achievement of the stated goal.
Being a teacher and administrator with vast experience in the application of science, the Provost said skills and competences in science will help to address the issues of the depletion of the ozone layer as well as the fast encroaching desertification that is staring everyone in the face. Having said that, the Chief Executive advocated for the use of improvisation of instructional materials as a veritable tool for the delivery of lessons in the classroom. Thereafter, he focused on the staff and students of the School of Sciences and challenged them to ensure that they achieve a major scientific breakthrough in the next one year so as to contribute in the achievement of sustainable development goals in Nigeria.
In a keynote address presented by Professor C.O. Iji of the Federal University of Agriculture, Makurdi, he addressed the central issues that Science, Technology and Mathematics Education (STME) cannot afford to shy away from. He considered the fact that education is at the center of life and development in any community found on the surface of the earth. The erudite Professor of Mathematics Education also considered the fact that change is inevitable in the life of every human. He anchored the argument on the chaos theory that indicates that complex system could be brought to a single whole that will be beneficial to the civil commons.
i.	Need to reform, from educational point of view based on the overall desire to develop an educational literate society in which sustainable development is understood and appreciated within the context of the environment, basic needs and for promoting a better quality life, now and for the future generations.
ii.	Greater provision should be made for the continuous professional development (CPD) of STE teachers to promote relevance in the teaching provision for the enhancement of STE.
iii.	Taking greater measures to enhance and sustain student motivation in and about science, thus enabling STE to play a role in education for sustainable development.
iv.	Enacting more effective teacher preparation/ professional development for sustainable development.
v.	Recognize the crucial need for the setting up of effective partnership.
vi.	Integrate science and technology education into sustainable development for an institution such as an entire primary and secondary school.
Again, as a deliberate consideration, the keynote address presenter considered that mathematics education was consciously given a space as it was considered to be at the center of scientific and technological development. Ancilliary sciences, he said, were also considered as very necessary for any sustainable development to take place. Recommendations such as encouraging life-long learning, starting at the beginning of life and grounded in life were made. The first lead paper presenter, Dr. Anthony I. Agbi spoke on Reforming Science and Technology Education through Science, Technology and Society Literacy for sustainable Development Goals. The crux of his paper pointed out that there is undue emphasis on paper qualification in Nigeria. As a result, he said the Science and Technology(S&T) Education in the school system, especially at the secondary school level seems to be highly tilted towards passing examinations and gaining admission into higher institutions.
Dr. Agbi said that the products of secondary school S&T education do not seem to be well equipped to use scientific/ technological knowledge and skills to solve personal or societal problems. For him, this implies that there is a yawning gap between learning experiences in the school and life experiences outside the school. He said that this is a serious threat to the attainment of Sustainable Development Goals (SDG). In order to close this gap, the lead paper presenter harps on the need to improve on the degree of relevance of S&T education in Nigeria.
Specifying how it can be done, he pointed that one of the ways by which this can be done is by the design and implementation of Science, Technology and Society (STS) literacy in the teaching and learning of science and technology in schools. The paper therefore discussed STS literacy as a viable approach to reforming S&T education for the attainment of SDG's in Nigeria.
The second lead paper presented by Dr. Paul Israel discussed The Imperative of Reforming Science, Technology and Mathematics (STM) Education in Nigeria for the Attainment of Sustainable Development Goals. The paper examines the reformation of Science, Technology and Mathematics Education (STME) in Nigeria as a sine-qua-non for the attainment of the goals of sustainable development. It tried to establish the relationship between education/ STME and development. Dr. Israel went further to trace the history of sustainable development goals and equally identified the 17 development goals as specified by the United Nations. He clarified the meaning of STM education and the different ways in which STM education can lead to sustainable development. The timeline for the various reforms that have taken place in STM education right from inception in the Nigeria school system in 1859 till date is equally presented. The paper also discussed the current status of STME in Nigeria.
In all of these, it is the opinion of the lead paper presenter that some necessary reforms in STM education have been made in the country. However, he said that in spite of the reforms, the present status of STM education is not enough to bring about sustainable development. Dr. Israel therefore calls on Government at all levels to endeavor to carry out reforms in the various areas mentioned as a way of making STM Education achieve its expected goal for sustainable development.
Other people who were present at the occasion are Obong Okon A. Mbuk(Chairman of Occasion), Mr. Emmanuel C. Ngurukwem, Director of Quality Assurance who also represented the Director, Academic Planning, Dr. Godwin Ogar and other participants from within and outside the College.


General Cardiology with special emphasis on ischemic heart disease in particular its prevention.
Non invasive & invasive cardiology.
MBBS and M.D. (D.M.) Cardiology from Grant Medical College, Sir J.J. Group of Hospitals, Mumbai.
Worked as a lecturer for 2 1/2 years in Grant Medical College.
Authored three editions of a book on heart disease titled "Hridaygoshti"
Talks given for public for awareness of heart disease and its prevention.
Participated as cardiologist in the "caring heart project" Mumbai which studied beneficial effects of yoga on heart disease. The work is published in medical journal (JAPI, April 2004).


text:
Q: Use iOS Keychain to store key & secret of API call I am storing the key & secret required for API call in iOS keychain using Apple code
My key & secret keeps on changing after every call to API. So once they are changed I save them in Keychain again. So I am accessging the iOS keychain frequently.
My questions are

*

*Is it ok to store key & secret in iOS keychain ?

*Does Apple allow this as I am accessing the keychain everytime I need to call API ?

A: Sure. That's what it's there for.
You access your keychain every time you want to get in your car, right?

redpajama_set_name: RedPajamaStackExchange


text:
#ifndef QPLATFORMDEFS_H
#define QPLATFORMDEFS_H

// Get Qt defines/settings

#include "qglobal.h"

// Set any POSIX/XOPEN defines at the top of this file to turn on specific APIs

#include <unistd.h>

#define __STDC_CONSTANT_MACROS

// We are hot - unistd.h should have turned on the specific APIs we requested

#include <pthread.h>
#include <dirent.h>
#include <fcntl.h>
#include <grp.h>
#include <pwd.h>
#include <signal.h>

#include <sys/types.h>
#include <sys/ioctl.h>
#include <sys/ipc.h>
#include <sys/time.h>
// QNX doesn't have the System V <sys/shm.h> header. This is not a standard
// POSIX header, it's only documented in the Single UNIX Specification.
// The preferred POSIX compliant way to share memory is to use the functions
// in <sys/mman.h> that comply with the POSIX Real Time Interface (1003.1b).
#include <sys/mman.h>
#include <sys/socket.h>
#include <sys/stat.h>
#include <sys/wait.h>
#include <netinet/in.h>
#ifndef QT_NO_IPV6IFNAME
#include <net/if.h>
#endif

// for htonl
#include <arpa/inet.h>

#define QT_USE_XOPEN_LFS_EXTENSIONS
#define QT_NO_READDIR64
#include "../common/posix/qplatformdefs.h"

#define QT_SNPRINTF ::snprintf
#define QT_VSNPRINTF ::vsnprintf

// QNX6 doesn't have getpagesize()
inline int getpagesize()
{
    return ::sysconf(_SC_PAGESIZE);
}

#include <stdlib.h>

#define QT_QWS_TEMP_DIR QString::fromLatin1(qgetenv("TMP"))

#define QT_NO_QWS_INPUTMETHODS

#endif // QPLATFORMDEFS_H

redpajama_set_name: RedPajamaGithub


text:
Star Trek: Discovery Season 2 — The Re-Introduction of Captain Pike
We talked to the Star Trek: Discovery season 2 cast about how Captain Pike will fit into the new crew.
By Kayti Burt | January 17, 2019 |
There's been a lot of hype when it comes to the introduction of Spock into the Star Trek: Discovery season 2 universe, but he isn't the only Star Trek: The Original Series character making an appearance in the sophomore season.
In the season premiere, which airs tonight, we meet Captain Pike, played here by Anson Mount, Spock's commanding officer on the Enterprise of this era. Den of Geek was part of a group of reporters who had the chance to talk with the Star Trek: Discovery cast back in October about how Captain Christopher Pike's character will fit into the crew.
As you may have guessed, especially if you've seen any of Pike's appearance in other Star Trek incarnations, this captain's command will be very different from Lorca's.
"This is a complete 180 flip-flop from that dynamic," said Doug Jones, who plays Saru, the Discovery's First Officer. "He was a renegade cowboy, and Captain Pike is a gentleman and a leader."
Jones called Pike's style of command as "nurturing," adding that he is the kind of captain Saru would like to learn from. Mary Wiseman, who plays Sylvia Tilly, another aspiring captain, echoed Jones' comment.
"For me, similarly, it's an actual positive influence to model behavior after," says Wiseman. "Tilly just got into the command training program, so she's gonna be on the bridge way more, kind of trying to learn the ropes of how to function there and be a contributing member of that ecosystem."
"He's so different [from Lorca]," Wiseman continues, "because he's so nice. He's an actual captain that represents some of the values of Starfleet."
"His looks might fluster you a bit," Jones teased Wiseman before adding: "His looks are gonna fluster all of us, so…"
"He is like a painting of a cowboy," joked Wiseman. "We love Anson so much … So, it's a really nice addition to our little family."
read more – Star Trek: Discovery Season 1 Finale Ending Explained
Two characters that had particular clashes with the callous nature of Lorca's command in Season 1 were Anthony Rapp's Stamets and Wilson Cruz's Culver.
"I get to actually have a captain who I can have a conversation with, and won't just be ordered around, and will value my input," gushed Rapp. "It's collaborative. It's what you'd want a captain to be. He cares about his people. He wants to do the right thing. All the great, traditional Trek [stuff]."
Rapp, who is a longtime Star Trek fan outside of his role on the show, assured viewers that it has always been the show's plan to return to a more Star Trek-like captain.
Further reading: Star Trek: Discovery Season 2 Premiere Easter Eggs
"Last year, when Lorca was like the anti-captain, we knew why, we couldn't tell people why," said Rapp. "We could say, 'Trust us, we know,' or some version of that. Then we learned why. There was never any intention to un-Star Trekify our captain permanently."
Cruz, whose character was killed off last season, remains part of the Discovery cast. While he wouldn't reveal what capacity he would or wouldn't be working with Pike, he did tease…
"All I can say is that I really, really enjoyed having Anson around, and part of the cast and getting to know him. He's been a really wonderful addition to this already tight-knit group," said Cruz. "He fit in perfectly. He's doing spectacular work."
Fine, Wilson Cruz. Keep your secrets!
Star Trek: Discovery Season 2 premieres on January 17th. Read more about Season 2 here.
Kayti Burt is a staff editor covering books, TV, movies, and fan culture at Den of Geek. Read more of her work here or follow her on Twitter @kaytiburt.
Tags: CBS All AccessStar TrekStar Trek: Discovery
Kayti Burt | @kaytiburt
Kayti is a pop culture writer, editor, and full-time nerd who comes from a working class background. A member of the Television Critics Association, she specializes…
Read more from Kayti Burt
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March 9, 2022 | By Ryan Britt
Star Trek: Strange New Worlds — What You Should Know About Pike, Spock, and Number One
May 5, 2022 | By Ryan Britt
Can Star Trek: Strange New Worlds Avoid Rebooting Captain Kirk?
May 15, 2020 | By Ryan Britt
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March 19, 2019 | By Kirsten Howard


Despite the remaining hole in his cabinet at HHS, Obama has maintained his slight lead over George W. Bush in my presidential transition race. On March 25, 2001, Bush had confirmed appointees sitting in 19 of my list 64 top positions. As of yesterday, Obama had filled 23. His advantage stems both from his retentions in DOD and that he was two months faster in filling top jobs at the Department of Justice.
Given the economic crisis, however, it is still somewhat worrisome that Geitner remains the only Senate confirmed appointment at Treasury. While it is true that Bush did not fill the deputy and undersecretary positions until August of his first year, the times seem to call for a little more haste. Yet, as of yesterday, the nomination of only one the remaining top three positions has even been referred to committee.


text:
In the case of Romesh Thappar v. State of Madras, [1950] S.C.R. 594 at 602, this Court stated that freedom of speech lay at the foundation of all democratic organizations. In Sakal Papers (P) Ltd. & Ors. v. Union of India, [1962] 3 S.C.R. 842 at 866, a Constitution Bench of this Court said freedom of speech and expression of opinion is of paramount importance under a democratic constitution which envisages changes in the composition of legislatures and governments and must be preserved. In a separate concurring judgment Beg,J. said, in Bennett Coleman & Co. & Ors. v. Union of India & Ors., [1973] 2 S.C.R. 757 at 829, that the freedom of speech and of the press is the Ark of the Covenant of Democracy because public criticism is essential to the working of its institutions.[2]
In S. Khushboo v. Kanniamal & Anr., (2010) 5 SCC 600 this Court stated, in paragraph 45 that the importance of freedom of speech and expression though not absolute was necessary as we need to tolerate unpopular views. This right requires the free flow of opinions and ideas essential to sustain the collective life of the citizenry. While an informed citizenry is a pre-condition for meaningful governance, the culture of open dialogue is generally of great societal importance.
This last judgment is important in that it refers to the "market place of ideas" concept that has permeated American Law. This was put in the felicitous words of Justice Holmes in his famous dissent in Abrams v. United States, 250 US 616 (1919), thus:
"But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas-that the best test of truth is the power of thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution."
Justice Brandeis in his famous concurring judgment in Whitney v. California, 71 L. Ed. 1095 said:
"Those who won our independence believed that the final end of the state was to make men free to develop their faculties, and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty; and that this should be a fundamental principle of the American government. They recognized the risks to which all human institutions are subject. But they knew that order cannot be secured merely through fear of punishment for its infraction; that it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones. Believing in the power of reason as applied through public discussion, they eschewed silence coerced by law-the argument of force in its worst form. Recognizing the occasional tyrannies of governing majorities, they amended the Constitution so that free speech and assembly should be guaranteed.
Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears. To justify suppression of free speech there must be reasonable ground to fear that serious evil will result if free speech is practiced. There must be reasonable ground to believe that the danger apprehended is imminent. There must be reasonable ground to believe that the evil to be prevented is a serious one. Every denunciation of existing law tends in some measure to increase the probability that there will be violation of it. Condonation of a breach enhances the probability. Expressions of approval add to the probability. Propagation of the criminal state of mind by teaching syndicalism increases it. Advocacy of lawbreaking heightens it still further. But even advocacy of violation, however reprehensible morally, is not a justification for denying free speech where the advocacy falls short of incitement and there is nothing to indicate that the advocacy would be immediately acted on. The wide difference between advocacy and incitement, between preparation and attempt, between assembling and conspiracy, must be borne in mind. In order to support a finding of clear and present danger it must be shown either that immediate serious violence was to be expected or was advocated, or that the past conduct furnished reason to believe that such advocacy was then contemplated." (at page 1105, 1106)
There are three concepts which are fundamental in understanding the reach of this most basic of human rights. The first is discussion, the second is advocacy, and the third is incitement. Mere discussion or even advocacy of a particular cause howsoever unpopular is at the heart of Article 19(1)(a). It is only when such discussion or advocacy reaches the level of incitement that Article 19(2) kicks in.[3] It is at this stage that a law may be made curtailing the speech or expression that leads inexorably to or tends to cause public disorder or tends to cause or tends to affect the sovereignty & integrity of India, the security of the State, friendly relations with foreign States, etc.
It is significant to notice first the differences between the US First Amendment and Article 19(1)(a) read with Article 19(2). The first important difference is the absoluteness of the U.S. first Amendment - Congress shall make no law which abridges the freedom of speech. Second, whereas the U.S. First Amendment speaks of freedom of speech and of the press, without any reference to "expression", Article 19(1)(a) speaks of freedom of speech and expression without any reference to "the press". Third, under the US Constitution, speech may be abridged, whereas under our Constitution, reasonable restrictions may be imposed. Fourth, under our Constitution such restrictions have to be in the interest of eight designated subject matters - that is any law seeking to impose a restriction on the freedom of speech can only pass muster if it is proximately related to any of the eight subject matters set out in Article 19(2).
Insofar as the first apparent difference is concerned, the U.S. Supreme Court has never given literal effect to the declaration that Congress shall make no law abridging the freedom of speech. The approach of the Court which is succinctly stated in one of the early U.S. Supreme Court Judgments, continues even today. In Chaplinsky v. New Hampshire, 86 L. Ed. 1031, Justice Murphy who delivered the opinion of the Court put it thus:-
"Allowing the broadest scope to the language and purpose of the Fourteenth Amendment, it is well understood that the right of free speech is not absolute at all times and under all circumstances. There are certain well- defined and narrowly limited classes of speech, the prevention and punishment of which has never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words-those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality. 'Resort to epithets or personal abuse is not in any proper sense communication of information or opinion safeguarded by the Constitution, and its punishment as a criminal act would raise no question under that instrument.' Cantwell v. Connecticut, 310 U.S. 296, 309, 310, 60 S.Ct. 900, 906, 84 L.Ed.1213, 128 A.L.R. 1352." (at page 1035)
So far as the second apparent difference is concerned, the American Supreme Court has included "expression" as part of freedom of speech and this Court has included "the press" as being covered under Article 19(1)(a), so that, as a matter of judicial interpretation, both the US and India protect the freedom of speech and expression as well as press freedom. Insofar as abridgement and reasonable restrictions are concerned, both the U.S. Supreme Court and this Court have held that a restriction in order to be reasonable must be narrowly tailored or narrowly interpreted so as to abridge or restrict only what is absolutely necessary. It is only when it comes to the eight subject matters that there is a vast difference. In the U.S., if there is a compelling necessity to achieve an important governmental or societal goal, a law abridging freedom of speech may pass muster. But in India, such law cannot pass muster if it is in the interest of the general public. Such law has to be covered by one of the eight subject matters set out under Article 19(2). If it does not, and is outside the pale of 19(2), Indian courts will strike down such law.
Viewed from the above perspective, American judgments have great persuasive value on the content of freedom of speech and expression and the tests laid down for its infringement. It is only when it comes to sub- serving the general public interest that there is the world of a difference.
This is perhaps why in Kameshwar Prasad & Ors. v. The State of Bihar & Anr., 1962 Supp. (3) S.C.R. 369, this Court held:
"As regards these decisions of the American Courts, it should be borne in mind that though the First Amendment to the Constitution of the United State reading "Congress shall make no law.... abridging the freedom of speech..." appears to confer no power on the Congress to impose any restriction on the exercise of the guaranteed right, still it has always been understood that the freedom guaranteed is subject to the police power
- the scope of which however has not been defined with precision or uniformly. It is on the basis of the police power to abridge that freedom that the constitutional validity of laws penalising libels, and those relating to sedition, or to obscene publications etc., has been sustained. The resultant flexibility of the restrictions that could be validly imposed renders the American decisions inapplicable to and without much use for resolving the questions arising under Art. 19(1) (a) or (b) of our Constitution wherein the grounds on which limitations might be placed on the guaranteed right are set out with definiteness and precision." ( At page 378)
in Indian Express Newspapers (Bombay) Private Limited & Ors. v. Union of India & Ors., (1985) 2 SCR 287, Venkataramiah,J. stated:
"While examining the constitutionality of a law which is alleged to contravene Article 19 (1) (a) of the Constitution, we cannot, no doubt, be solely guided by the decisions of the Supreme Court of the United States of America. But in order to understand the basic principles of freedom of speech and expression and the need for that freedom in a democratic country, we may take them into consideration. The pattern of Article 19 (1)
(a) and of Article 19 (1) (g) of our constitution is different from the pattern of the First Amendment to the American Constitution which is almost absolute in its terms. The rights guaranteed under Article 19 (1) (a) and Article 19 (1) (g) of the Constitution are to be read along with clauses (2) and (6) of Article 19 which carve out areas in respect of which valid legislation can be made."
Under our constitutional scheme, as stated earlier, it is not open to the State to curtail freedom of speech to promote the general public interest. In Sakal Papers (P) Ltd. & Ors. v. Union of India, [1962] 3 S.C.R. 842, this Court said:
"It may well be within the power of the State to place, in the interest of the general public, restrictions upon the right of a citizen to carry on business but it is not open to the State to achieve this object by directly and immediately curtailing any other freedom of that citizen guaranteed by the Constitution and which is not susceptible of abridgment on the same grounds as are set out in clause (6) of Article 19. Therefore, the right of freedom of speech cannot be taken away with the object of placing restrictions on the business activities of a citizen. Freedom of speech can be restricted only in the interests of the security of the State, friendly relations with foreign State, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. It cannot, like the freedom to carry on business, be curtailed in the interest of the general public. If a law directly affecting it is challenged, it is no answer that the restrictions enacted by it are justifiable under clauses (3) to (6). For, the scheme of Article 19 is to enumerate different freedoms separately and then to specify the extent of restrictions to which they may be subjected and the objects for securing which this could be done. A citizen is entitled to enjoy each and every one of the freedoms together and clause (1) does not prefer one freedom to another. That is the plain meaning of this clause. It follows from this that the State cannot make a law which directly restricts one freedom even for securing the better enjoyment of another freedom. All the greater reason, therefore for holding that the State cannot directly restrict one freedom by placing an otherwise permissible restriction on another freedom." (at page 863)
Before we come to each of these expressions, we must understand what is meant by the expression "in the interests of". In The Superintendent, Central Prison, Fatehgarh v. Ram Manohar Lohia, [1960] 2 S.C.R. 821, this Court laid down:
"We do not understand the observations of the Chief Justice to mean that any remote or fanciful connection between the impugned Act and the public order would be sufficient to sustain its validity. The learned Chief Justice was only making a distinction between an Act which expressly and directly purported to maintain public order and one which did not expressly state the said purpose but left it to be implied there from; and between an Act that directly maintained public order and that indirectly brought about the same result. The distinction does not ignore the necessity for intimate connection between the Act and the public order sought to be maintained by the Act." (at pages 834, 835) "The restriction made "in the interests of public order" must also have reasonable relation to the object to be achieved, i.e., the public order. If the restriction has no proximate relationship to the achievement of public order, it cannot be said that the restriction is a reasonable restriction within the meaning of the said clause." (at page 835) "The decision, in our view, lays down the correct test. The limitation imposed in the interests of public order to be a reasonable restriction, should be one which has a proximate connection or nexus with public order, but not one far-fetched, hypothetical or problematical or too remote in the chain of its relation with the public order..........There is no proximate or even foreseeable connection between such instigation and the public order sought to be protected under section. We cannot accept the argument of the learned Advocate General that instigation of a single individual not to pay tax or dues is a spark which may in the long run ignite a revolutionary movement destroying public order" (at page 836).
This Court has laid down what "reasonable restrictions" means in several cases. In Chintaman Rao v. The State of Madhya Pradesh, [1950] S.C.R. 759, this Court said:
"The phrase "reasonable restriction" connotes that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The word "reasonable" implies intelligent care and deliberation, that is, the choice of a course which reason dictates. Legislation which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in article 19(1)(g) and the social control permitted by clause (6) of article 19, it must be held to be wanting in that quality." (at page 763)
In State of Madras v. V.G. Row, [1952] S.C.R. 597, this Court said:
"This Court had occasion in Dr. Khare's case (1950) S.C.R. 519 to define the scope of the judicial review under clause (5) of Article19 where the phrase "imposing reasonable restriction on the exercise of the right" also occurs and four out of the five Judges participating in the decision expressed the view (the other Judge leaving the question open) that both the substantive and the procedural aspects of the impugned restrictive law should be examined from the point of view of reasonableness; that is to say, the Court should consider not only factors such as the duration and the extent of the restrictions, but also the circumstances under which and the manner in which their imposition has been authorised. It is important in this context to bear in mind that the test of reasonableness, where ever prescribed, should be applied to each, individual statute impugned and no abstract standard, or general pattern of reasonableness can be laid down as applicable to all cases. The nature of the right alleged to have been infringed, the underlying purpose of the restriction imposed, the extent and urgency of the evil sought to be remedied thereby, the disproportion of the imposition, the prevailing conditions at the time, should all enter into the judicial verdict. In evaluating such elusive factors and forming their own conception of what is reasonable, in all the circumstances of a given case, it is inevitable that the social philosophy and the scale of values of the judges participating in the decision should play an important part, and the limit to their interference with legislative judgment in such cases can only be dictated by their sense of responsibility and self- restraint and the sobering reflection that the Constitution is meant not only for people of their way of thinking but for all, and that the majority of the elected representatives of the people have, in authorising the imposition of the restrictions, considered them to be reasonable." (at page 606-607)
Similarly, in Mohd. Faruk v. State of Madhya Pradesh & Ors., [1970] 1 S.C.R. 156, this Court said:
"The Court must in considering the validity of the impugned law imposing a prohibition on the carrying on of a business or profession, attempt an evaluation of its direct and immediate impact upon the fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object by imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of a state of emergency-national or local-or the necessity to maintain essential supplies, or the necessity to stop activities inherently dangerous, the existence of a machinery to satisfy the administrative authority that no case for imposing the restriction is made out or that a less drastic restriction may ensure the object intended to be achieved." (at page 161)
In Dr. N. B. Khare v. State of Delhi, [1950] S.C.R. 519, a Constitution Bench also spoke of reasonable restrictions when it comes to procedure. It said:
"While the reasonableness of the restrictions has to be considered with regard to the exercise of the right, it does not necessarily exclude from the consideration of the Court the question of reasonableness of the procedural part of the law. It is obvious that if the law prescribes five years externment or ten years externment, the question whether such period of externment is reasonable, being the substantive part, is necessarily for the consideration of the court under clause (5). Similarly, if the law provides the procedure under which the exercise of the right may be restricted, the same is also for the consideration of the Court, as it has to determine if the exercise of the right has been reasonably restricted." (at page 524)
in Secretary Ministry of Information & Broadcasting, Government of India v. Cricket Association of Bengal, (1995) 2 SCC 161 in para 37, where the following question was posed:
"The next question which is required to be answered is whether there is any distinction between the freedom of the print media and that of the electronic media such as radio and television, and if so, whether it necessitates more restrictions on the latter media."
This question was answered in para 78 thus:
"There is no doubt that since the airwaves/frequencies are a public property and are also limited, they have to be used in the best interest of the society and this can be done either by a central authority by establishing its own broadcasting network or regulating the grant of licences to other agencies, including the private agencies. What is further, the electronic media is the most powerful media both because of its audio-visual impact and its widest reach covering the section of the society where the print media does not reach. The right to use the airwaves and the content of the programmes, therefore, needs regulation for balancing it and as well as to prevent monopoly of information and views relayed, which is a potential danger flowing from the concentration of the right to broadcast/telecast in the hands either of a central agency or of few private affluent broadcasters. That is why the need to have a central agency representative of all sections of the society free from control both of the Government and the dominant influential sections of the society. This is not disputed. But to contend that on that account the restrictions to be imposed on the right under Article 19(1)(a) should be in addition to those permissible under Article 19(2) and dictated by the use of public resources in the best interests of the society at large, is to misconceive both the content of the freedom of speech and expression and the problems posed by the element of public property in, and the alleged scarcity of, the frequencies as well as by the wider reach of the media. If the right to freedom of speech and expression includes the right to disseminate information to as wide a section of the population as is possible, the access which enables the right to be so exercised is also an integral part of the said right. The wider range of circulation of information or its greater impact cannot restrict the content of the right nor can it justify its denial. The virtues of the electronic media cannot become its enemies. It may warrant a greater regulation over licensing and control and vigilance on the content of the programme telecast. However, this control can only be exercised within the framework of Article 19(2) and the dictates of public interests. To plead for other grounds is to plead for unconstitutional measures. It is further difficult to appreciate such contention on the part of the Government in this country when they have a complete control over the frequencies and the content of the programme to be telecast. They control the sole agency of telecasting. They are also armed with the provisions of Article 19(2) and the powers of pre-censorship under the Cinematograph Act and Rules. The only limitation on the said right is, therefore, the limitation of resources and the need to use them for the benefit of all. When, however, there are surplus or unlimited resources and the public interests so demand or in any case do not prevent telecasting, the validity of the argument based on limitation of resources disappears. It is true that to own a frequency for the purposes of broadcasting is a costly affair and even when there are surplus or unlimited frequencies, only the affluent few will own them and will be in a position to use it to subserve their own interest by manipulating news and views. That also poses a danger to the freedom of speech and expression of the have-nots by denying them the truthful information on all sides of an issue which is so necessary to form a sound view on any subject. That is why the doctrine of fairness has been evolved in the US in the context of the private broadcasters licensed to share the limited frequencies with the central agency like the FCC to regulate the programming. But this phenomenon occurs even in the case of the print media of all the countries. Hence the body like the Press Council of India which is empowered to enforce, however imperfectly, the right to reply. The print media further enjoys as in our country, freedom from pre-censorship unlike the electronic media."
In Article 19(2) (as it originally stood) this sub-head was conspicuously absent. Because of its absence, challenges made to an order made under Section 7 of the Punjab Maintenance of Public Order Act and to an order made under Section 9 (1)(a) of the Madras Maintenance of Public Order Act were allowed in two early judgments by this Court. Thus in Romesh Thappar v. State of Madras, [1950] S.C.R. 594, this Court held that an order made under Section 9(1)(a) of the Madras Maintenance of Public Order Act (XXIII of 1949) was unconstitutional and void in that it could not be justified as a measure connected with security of the State. While dealing with the expression "public order", this Court held that "public order" is an expression which signifies a state of tranquility which prevails amongst the members of a political society as a result of the internal regulations enforced by the Government which they have established.
Similarly, in Brij Bhushan & Anr. v. State of Delhi, [1950] S.C.R. 605, an order made under Section 7 of the East Punjab Public Safety Act, 1949, was held to be unconstitutional and void for the self-same reason.
As an aftermath of these judgments, the Constitution First Amendment added the words "public order" to Article 19(2).
In Superintendent, Central Prison, Fatehgarh v. Ram Manohar Lohia, [1960] 2 S.C.R. 821, this Court held that public order is synonymous with public safety and tranquility; it is the absence of disorder involving breaches of local significance in contradistinction to national upheavals, such as revolution, civil strife, war, affecting the security of the State. This definition was further refined in Dr. Ram Manohar Lohia v. State of Bihar & Ors., [1966] 1 S.C.R. 709, where this Court held:
"It will thus appear that just as "public order" in the rulings of this Court was said to comprehend disorders of less gravity than those affecting "security of State", "law and order" also comprehends disorders of less gravity than those affecting "public order". One has to imagine three concentric circles. Law and order represents the largest circle within which is the next circle representing public order and the smallest circle represents security of State. It is then easy to see that an act may affect law and order but not public order just as an act may affect public order but not security of the State." (at page 746)
In Arun Ghosh v. State of West Bengal, [1970] 3 S.C.R. 288, Ram Manohar Lohia's case was referred to with approval in the following terms:
"In Dr. Ram Manohar Lohia's case this Court pointed out the difference between maintenance of law and order and its disturbance and the maintenance of public order and its disturbance. Public order was said to embrace more of the community than law and order. Public order is the even tempo of the life of the community taking the country as a whole or even a specified locality. Disturbance of public order is to be distinguished, from acts directed against individuals which do not disturb the society to the extent of causing a general disturbance of public tranquility. It is the degree of disturbance and its effect upon the life of the community in a locality which determines whether the disturbance amounts only to a breach of law and order. Take for instance, a man stabs another. People may be shocked and even disturbed, but the life of the community keeps moving at an even tempo, however much one may dislike the act. Take another case of a town where there is communal tension. A man stabs a member of the other community. This is an act of a very different sort. Its implications are deeper and it affects the even tempo of life and public order is jeopardized because the repercussions of the act embrace large Sections of the community and incite them to make further breaches of the law and order and to subvert the public order. An act by itself is not determinant of its own gravity. In its quality it may not differ from another but in its potentiality it may be very different. Take the case of assault on girls. A guest at a hotel may kiss or make advances to half a dozen chamber maids. He may annoy them and also the management but he does not cause disturbance of public order. He may even have a fracas with the friends of one of the girls but even then it would be a case of breach of law and order only. Take another case of a man who molests women in lonely places. As a result of his activities girls going to colleges and schools are in constant danger and fear. Women going for their ordinary business are afraid of being waylaid and assaulted. The activity of this man in its essential quality is not different from the act of the other man but in its potentiality and in its effect upon the public tranquility there is a vast difference. The act of the man who molests the girls in lonely places causes a disturbance in the even tempo of living which is the first requirement of public order. He disturbs the society and the community. His act makes all the women apprehensive of their honour and he can be said to be causing disturbance of public order and not merely committing individual actions which may be taken note of by the criminal prosecution agencies. It means therefore that the question whether a man has only committed a breach of law and order or has acted in a manner likely to cause a disturbance of the public order is a question of degree and the extent of the reach of the act upon the society. The French distinguish law and order and public order by designating the latter as order publique. The latter expression has been recognised as meaning something more than ordinary maintenance of law and order. Justice Ramaswami in Writ Petition No. 179 of 1968 drew a line of demarcation between the serious and aggravated forms of breaches of public order which affect the community or endanger the public interest at large from minor breaches of peace which do not affect the public at large. He drew an analogy between public and private crimes. The analogy is useful but not to be pushed too far. A large number of acts directed against persons or individuals may total up into a breach of public order. In Dr. Ram Manohar Lohia's case examples were given by Sarkar, and Hidayatullah, JJ. They show how similar acts in different contexts affect differently law and order on the one hand and public order on the other. It is always a question of degree of the harm and its effect upon the community. The question to ask is: Does it lead to disturbance of the current of life of the community so as to amount to a disturbance of the public order or does it affect merely an individual leaving the tranquility of the society undisturbed? This question has to be faced in every case on facts. There is no formula by which one case can be distinguished from another." (at pages 290 and 291). (these case laws and legal points were again reiterated in the case of Anuradha Bhasin v. union of India)
Anuradha Bhasin vs Union Of India on 10 January, 2020
This Court therein held that a mere disturbance of law and order leading to disorder may not necessarily lead to a breach of public order. Similarly, the sevenJudge Bench in Madhu Limaye case further elucidated as to when and against whom the power under Section 144, Cr.P.C. can be exercised by the Magistrate. This Court held therein, as under:
"24. The gist of action under Section 144 is the urgency of the situation, its efficacy in the likelihood of being able to prevent some harmful occurrences. As it is possible to act absolutely and even ex parte it is obvious that the emergency must be sudden and the consequences sufficiently grave. Without it the exercise of power would have no justification.
It is not an ordinary power flowing from administration but a power used in a judicial manner and which can stand further judicial scrutiny in the need for the exercise of the power, in its efficacy and in the extent of its application…. Disturbances of public tranquillity, riots and affray lead to subversion of public order unless they are prevented in time. Nuisances dangerous to human life, health or safety have no doubt to be abated and prevented. We are, however, not concerned with this part of the section and the validity of this part need not be decided here. In so far as the other parts of the section are concerned the keynote of the power is to free society from menace of serious disturbances of a grave character. The section is directed against those who attempt to prevent the exercise of legal rights by others or imperil the public safety and health. If that be so the matter must fall within the restrictions which the Constitution itself visualizes as permissible in the interest of public order, or in the interest of the general public. We may say, however, that annoyance must assume sufficiently grave proportions to bring the matter within interests of public order." (emphasis supplied)
This Court in Ramlila Maidan Incident, In re case further enunciated upon the aforesaid distinction between a "public order" and "law and order" situation:
"44. The distinction between "public order" and "law and order" is a fine one, but nevertheless clear. A restriction imposed with "law and order" in mind would be least intruding into the guaranteed freedom while "public order" may qualify for a greater degree of restriction since public order is a matter of even greater social concern.
45. It is keeping this distinction in mind, the legislature, under Section 144 CrPC, has empowered the District Magistrate, Sub Divisional Magistrate or any other Executive Magistrate, specially empowered in this behalf, to direct any person to abstain from doing a certain act or to take action as directed, where sufficient ground for proceeding under this section exists and immediate prevention and/or speedy remedy is desirable. By virtue of Section 144A CrPC, which itself was introduced by Act 25 of 2005 [Ed.: The Code of Criminal Procedure (Amendment) Act, 2005.] , the District Magistrate has been empowered to pass an order prohibiting, in any area within the local limits of his jurisdiction, the carrying of arms in any procession or the organising or holding of any mass drill or mass training with arms in any public place, where it is necessary for him to do so for the preservation of public peace, public safety or maintenance of public order. …"
In view of the above, 'law and order', 'public order' and 'security of State' are distinct legal standards and the Magistrate must tailor the restrictions depending on the nature of the situation. If two families quarrel over irrigation water, it might breach law and order, but in a situation where two communities fight over the same, the situation might transcend into a public order situation. However, it has to be noted that a similar approach cannot be taken to remedy the aforesaid two distinct situations. The Magistrate cannot apply a straitjacket formula without assessing the gravity of the prevailing circumstances; the restrictions must be proportionate to the situation concerned.
Clear and present danger - tendency to affect.
It will be remembered that Justice Holmes in Schenck v. United States, 63 L. Ed. 470 enunciated the clear and present danger test as follows:
"...The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force. Gompers v. Buck's Stove & Range Co., 221 U. S. 418, 439, 31 Sup. Ct. 492, 55 L. ed. 797, 34 L. R. A. (N. S.) 874. The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree." (At page 473, 474)
This was further refined in Abrams v. Unites States 250 U.S. 616 (1919), this time in a Holmesian dissent, to be clear and imminent danger. However, in most of the subsequent judgments of the U.S. Supreme Court, the test has been understood to mean to be "clear and present danger". The test of "clear and present danger" has been used by the U.S. Supreme Court in many varying situations and has been adjusted according to varying fact situations. It appears to have been repeatedly applied, see- Terminiello v. City of Chicago 93 L. Ed. 1131 (1949) at page 1134-1135, Brandenburg v. Ohio 23 L. Ed. 2d 430 (1969) at 434-435 & 436, Virginia v. Black 155 L. Ed. 2d 535 (2003) at page 551, 552 and 553[4].
We have echoes of it in our law as well S. Rangarajan v. P. Jagjivan & Ors., (1989) 2 SCC 574 at paragraph 45:
"45. The problem of defining the area of freedom of expression when it appears to conflict with the various social interests enumerated under Article 19(2) may briefly be touched upon here. There does indeed have to be a compromise between the interest of freedom of expression and special interests. But we cannot simply balance the two interests as if they are of equal weight. Our commitment of freedom of expression demands that it cannot be suppressed unless the situations created by allowing the freedom are pressing and the community interest is endangered. The anticipated danger should not be remote, conjectural or far-fetched. It should have proximate and direct nexus with the expression. The expression of thought should be intrinsically dangerous to the public interest. In other words, the expression should be inseparably locked up with the action contemplated like the equivalent of a "spark in a powder keg".
This Court has used the expression "tendency" to a particular act. Thus, in State of Bihar v. Shailabala Devi, [1952] S.C.R. 654, an early decision of this Court said that an article, in order to be banned must have a tendency to excite persons to acts of violence (at page 662-663). The test laid down in the said decision was that the article should be considered as a whole in a fair free liberal spirit and then it must be decided what effect it would have on the mind of a reasonable reader. (at pages 664-665)
In Ramji Lal Modi v. The State of U.P., [1957] S.C.R. 860 at page 867, this court upheld Section 295A of the Indian Penal Code only because it was read down to mean that aggravated forms of insults to religion must have a tendency to disrupt public order. Similarly, in Kedar Nath Singh v. State of Bihar, 1962 Supp. (2) S.C.R. 769, Section 124A of the Indian Penal Code was upheld by construing it narrowly and stating that the offence would only be complete if the words complained of have a tendency of creating public disorder by violence. It was added that merely creating disaffection or creating feelings of enmity in certain people was not good enough or else it would violate the fundamental right of free speech under Article 19(1)(a). Again, in Dr. Ramesh Yeshwant Prabhoo v. Prabhakar Kashinath Kunte & Ors., 1996 (1) SCC 130, Section 123 (3A) of the Representation of People Act was upheld only if the enmity or hatred that was spoken about in the Section would tend to create immediate public disorder and not otherwise.
Decency or Morality
This Court in Ranjit Udeshi v. State of Maharashtra [1965] 1 S.C.R. 65 took a rather restrictive view of what would pass muster as not being obscene. The Court followed the test laid down in the old English judgment in Hicklin's case which was whether the tendency of the matter charged as obscene is to deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall. Great strides have been made since this decision in the UK, United States as well as in our country.
Thus, in Director General, Directorate General of Doordarshan v. Anand Patwardhan, 2006 (8) SCC 433, this Court noticed the law in the United States and said that a material may be regarded as obscene if the average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest and that taken as a whole it otherwise lacks serious literary artistic, political, educational or scientific value
In a recent judgment of this Court, Aveek Sarkar v. State of West Bengal, 2014 (4) SCC 257, this Court referred to English, U.S. and Canadian judgments and moved away from the Hicklin test and applied the contemporary community standards test.
DOCTRINE OF VAGUENESS:
in State of Madhya Pradesh v. Baldeo Prasad, [1961] 1 S.C.R. 970 an inclusive definition of the word "goonda" was held to be vague and the offence created by Section 4A of the Goondas Act was, therefore, violative of Article 19(1)(d) and (e) of the Constitution. It was stated:
"Incidentally it would also be relevant to point out that the definition of the word "goonda" affords no assistance in deciding which citizen can be put under that category. It is an inclusive definition and it does not indicate which tests have to be applied in deciding whether a person falls in the first part of the definition. Recourse to the dictionary meaning of the word would hardly be of any assistance in this matter. After all it must be borne in mind that the Act authorises the District Magistrate to deprive a citizen of his fundamental right under Art. 19(1)(d) and (e), and though the object of the Act and its purpose would undoubtedly attract the provisions of Art. 19(5) care must always be taken in passing such acts that they provide sufficient safeguards against casual, capricious or even malicious exercise of the powers conferred by them. It is well known that the relevant provisions of the Act are initially put in motion against a person at a lower level than the District magistrate, and so it is always necessary that sufficient safeguards should be provided by the Act to protect the fundamental rights of innocent citizens and to save them from unnecessary harassment. That is why we think the definition of the word "goonda" should have given necessary assistance to the District Magistrate in deciding whether a particular citizen falls under the category of goonda or not; that is another infirmity in the Act. As we have already pointed out s. 4-A suffers from the same infirmities as s. 4.


To perform the test, we created a recurring page speed check in Pingdom® to contact the site every 30 minutes. After four measurements, we restarted the Nginx server with HTTP/2 enabled and repeated the process. We then dropped the first measurement for each test (to allow Nginx to warm up), averaged the results, and took a screenshot of the final test's Timeline.
Can you add something in around the requirement to use a security certificate for HTTPS?


Trying to figure out which of these bikes or scooters to buy? Compare the Norton Dominator Vs Moto Guzzi Eldorado on CarAndBike to make an informed buying decision as to which bike to buy in 2019. This comparison has been carried out on the basis of prices, engine specifications, mileage, and features of these two-wheelers.
The ex-showroom, New Delhi price of the Moto Guzzi Eldorado starts at ₹ 23.67 Lakh. On the other hand, the price of the base version of the Norton Dominator starts at ₹ 25.06 Lakh.
As for the claimed fuel efficiency, the Moto Guzzi Eldorado base engine returns 14 kmpl. The Norton Dominator base engine returns 0 kmpl.
In the powertrain department, the Moto Guzzi Eldorado gets a 1380 cc that produces 96 bhp peak power. The Norton Dominator comes in a 961 cc that produces 80 bhp peak power.


The FASB (Financial Accounting Standards Board) and the IASB (International Accounting Standards Board) issued Revenue From Contracts With Customers, ASC 606 and IFRS 15, the converged standard for revenue recognition. This news will affect most entities: public, private and nonprofit.
The standard is effective for reporting periods beginning after December 15, 2017, for US GAAP nonpublic entities. Early adoption is permitted but not earlier than periods beginning after December 15, 2016. The standard is effective for public and IFRS entities with reporting periods beginning after December 31, 2016.
Full retrospective approach (excludes practical expedience) — which applies to all periods presented. This would require all contracts that existed during the periods being presented to be in compliance with the new standard. There would also be a cumulative effect on the beginning retained earnings (net assets) and disclosure of the reason for the change.
Modified retrospective approach — where only the most current period is presented. This would require any contracts in existence as of the effective date to be in compliance with the standard, as well as any new contracts. The cumulative effects of the changes would be reflected in the beginning retained earnings (net assets). The disclosure would require presentation of the current period as if prepared with the current standard, effectively requiring two sets of accounting records for the year of adoption.
The new standard will significantly increase required disclosures and change how revenue from contracts with customers is recognized. Entities will have to consider changes that might be necessary to information technology systems, processes and internal controls to capture new data and address changes in financial reporting requirements. In the past there was industry-specific guidance. The new standard provides a single, comprehensive revenue recognition model.
Certain guarantees within the scope of other standards.
The standard prescribes accounting for an individual contract with a customer, but allows for application of the guidance to a group of contracts with similar characteristics, if the entity is consistent with its application.
It is anticipated that entities may struggle with how to apply the new standard to their particular situation. The FASB and IASB have formed the Joint Transition Resource Group for Revenue Recognition (TRG) to address these issues. Some of the issues include gross versus net revenue, sales-based and usage-based royalties in contracts with licenses and goods or services other than licenses and impairment testing of capitalized contract costs. The FASB is looking at deferring the implementation date but organizations need to continue implementation work.