Standard Bank Malawi Limited (STNBIC.mw) listed on the Malawi Stock Exchange under the Banking sector has released it’s 2020 annual report.For more information about Standard Bank Malawi Limited reports, abridged reports, interim earnings results and earnings presentations visit the Standard Bank Malawi Limited company page on AfricanFinancials.Indicative Share Trading Liquidity The total indicative share trading liquidity for Standard Bank Malawi Limited (STNBIC.mw) in the past 12 months, as of 3rd June 2021, is US$458.35K (MWK352.63M). An average of US$38.2K (MWK29.39M) per month.Standard Bank Malawi Limited Annual Report DocumentCompany ProfileThe Standard Bank of Malawi is a financial services institution in Malawi providing products and services for personal and business banking, corporate and investment banking, and Treasury and Capital Management. The company provides a wide range of products; from transactional accounts, electronic banking and short- and long-term savings accounts to vehicle and equipment finance, bancassurance, structured finance, corporate lending and foreign exchange. The Standard Bank of Malawi also provides financial services to the government of Malawi, parastatals, financial institutions and international counterparts. It is a subsidiary of Standard Group in South Africa. The organisation was previously known as the Commercial Bank of Malawi and opened its first branch in Limbe in the Blantyre District in 1970. Today, the financial institution has a national footprint with 19 branches in the major towns and cities of Malawi. Standard Bank of Malawi is listed on the Malawi Stock Exchange
The definition of the word ‘essential’ has taken on a whole new meaning in these turbulent times. The Covid-19 pandemic has seen the government enforce a lockdown which has resulted in the closure of non-essential shops. Controversially, Mike Ashley, the infamous Sports Direct mogul, attempted to position his sports equipment and clothing store as essential. Halfords (LSE:HFD) is a business that has been designated as essential by the government. At the time of writing, the business is open. 5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…Update and response to Covid-19Yesterday morning, Halfords provided a trading update in the wake of the Covid-19 pandemic and prior to its full-year results which are expected soon. One of the first takeaways for me was the suspension of its dividend, a move that many companies are making. The suspension will result in a cash saving of £24m for Halfords. This will shore up its balance sheet for the forecasted 25% drop in sales amid the pandemic. It’s savvy move in the face of such adversity, in my opinion.Halfords anticipates a sharp drop in sales of around £300m following government measures being tightened. Profitability will be impacted, and underlying profit before tax for 2020 could be at the lower end or below the current guidance range of £50m to £55m.The retailer plans to take full advantage of Chancellor Rishi Sunak’s stimulus package, including business rate relief for the full year, saving it approximately £26m. Halfords also plans to access government support on salary payments where any stores are forced to close.Remaining openHalfords has access to a £180m revolving credit facility and a £20m overdraft facility. It has drawn down on the revolving credit facility and has around £118m of cash on deposit. Halfords remains confident that it can operate within its existing debt facilities. I am always cautious when it comes to companies actively using credit facilities. However in these uncertain times, needs must. I am not overly concerned with this as the business remains open. Despite lack of footfall, an online presence will still see some form of revenue coming in. Halfords is also responsible for maintaining some very important vehicle fleets, including those of the MoD. That means we can expect a certain stream of revenue to keep flowing. I believe this gives it the edge over peers who have been forced to shut down completely.Next stepsPosting profits for the previous consecutive five years, the business remains profitable. The dividend per share has also increased year on year for the past five years. This has been an increase of almost 20% across this period. 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TAGS: Book Review A Full-Back Slower Than Your Average Prop by Ian Smith is published by Arena Sport, RRP £17.99, and comes highly recommended.BUY NOW with Amazon Follow Rugby World on Facebook, Instagram and Twitter. Rea, a twice-capped Irish centre, was at Edinburgh University and for a couple of years, 1967 and 1968, the student side ran riot against the best club sides in England and Scotland. Ian Smith, studying dentistry, was part of that team.There were three basic moves: miss one (ten passes to 13), miss two (12 passes to 15), and a dummy scissors (between ten and 12, followed by a pass to 13).Student gig: the Edinburgh University team of 1967-68, with Smith seated just to the right of the captainWith no such thing as analysis then, and no TV coverage of Edinburgh University, they were able to bemuse team after team. For example, they crushed mighty Bedford 20-0 away even though they were up all night at a ball whilst their opponents were tucked up in bed.The try Smith scored to beat the Boks came from a dummy scissors move called by Robertson, and the try he scored against France was from a ‘miss two’ move. What fun a modern-day analyst would have if he was able to go back 50 years in a time tunnel!Another engrossing topic in Smith’s book concerns the fear factor. “It’s not something you often read about in autobiographies, but I need to be honest about how I felt,” he writes.“As a full-back there was the fear as I waited under the first high ball of the season, the first high ball of a match. I prayed that no one ever saw the fear I felt, and that my ability was up to the task of catching that ball and taking whatever tackles and blows came as a result without flinching.“Was it better to be brave, stand your ground and drop a high ball, or just not quite be in the right place, leaving another to take what was rightfully yours and thus appear blameless?”Happy family: a Christmas gathering in 2017. Smith lives in Norfolk, where he ended his playing daysThis fear never left him. When, in the week of the 1970 Calcutta Cup match, someone remarked on Sportsnight that Smith had “never been tested under the high ball”, he was physically sick. He then suffered three sleepless nights dreading what the English fly-half, Roger Shackleton, might do to him that Saturday.A year later, he made himself available for the game with Wales despite having a shoulder injury. He didn’t want to risk losing his place if he pulled out. In what proved one of the epic matches, won by John Taylor’s touchline conversion, Smith admits startlingly: “I proceeded to not be in quite the right place for most of the Welsh tries so I didn’t have to tackle.”Ultimately, the “mental torture”, of recalling past mistakes and the prospect of making new ones, brought a permanent end to his Test career. He asked for an overseas posting with the Army so that he wouldn’t be available for Scotland.There are a number of light-hearted tales to go with the serious introspection; a few interesting views too on the flaws of modern rugby. Like we say, the book engages on many levels and it is all the better for that.After some adventures in Hong Kong, Ian Smith moved to East Anglia. He played his final game of rugby for West Norfolk 2nds. Seeing that the opposition had turned their backs at a penalty award, he tried a ‘tap and go’ from distance. He was just able to stagger over the line for a try but promptly threw up over the referee’s boots! Space invader: on the attack against New South Wales during Scotland’s 1970 tour of Australia Book review: The self-roast of Ian SmithIan Smith learnt he had been picked for Scotland when a Daily Mail reporter, the late Terry O’Connor, rang him at home. “Congratulations,” he said to Smith, “but who are you?”Since Smith was playing for London Scottish 3rds at the time, it was a fair enough question. Smith was to win nine Test caps, the last of them for Hong Kong, from 1969-72. He became the first Scotland full-back to score an international try, a late three-pointer that did for the Springboks on his debut at Murrayfield. He scored again in his next outing against France.If that all sounds a bit ‘boy’s own’, let us disavail you. Smith’s career was far more about fears and insecurity, put-downs and rejection. One correspondent called him one of the six worst international rugby selections of all time. “He may well have been right!” Smith says.Magic moment: Smith (left) scores the winning try on his Scotland debut to beat South Africa 6-3 in 1969The Dundee-born Scot cheerfully explores all this in his stunningly good autobiography A Full-Back Slower Than Your Average Prop. The title alludes to a disparaging remark about his pace, the player being told to stay out of the line because he “slowed everyone down”.BUY NOW with Amazon It’s a book that engages you on many levels. For starters, it takes you back to a time devoid of computers and mobile phones, washing machines and freezers. Not everyone had a television and rugby coverage on the box was scarce.Thus, after Smith had a strong game for Combined Services, the Scotland selectors planned a trip south en masse. They wanted to watch him play for London Scottish to see if the previous week’s performance had just been a fluke! As it happens, the match was cancelled.Proud: Smith took a while to make London Scottish’s first XVAfter being capped by Scotland, Smith was promoted to the first XV at London Scottish only because it was club policy to do so. It meant moving the first XV captain, Gordon Macdonald (a brief Scotland cap), to fly-half. He didn’t speak to Smith for the rest of that season.Of course, it worked both ways. When Smith was later axed by Scotland, he was also dropped by London Scottish, the Army and Combined Services. All in a ten-day period!Smith’s self-deprecating humour punctuates the pages. You only have to look at the chapter headings to see his slant on things: You are too small to be a centre. You have to be a lot quicker if this is going to work. What do you mean you dropped 14 balls? You are too fat and idle to play at this level.In the summer of 1969, when he was consuming a full English fried breakfast and seven pints of full-cream milk daily, Smith’s weight ballooned to over 15st.He got his Scotland chance after injuries to others and was labelled ‘lucky’. But, of course, there are no muppets on the Test stage. There are insights into the skill acquisition that enabled him to reach the highest level. Training in poor light at university was one surprising benefit; it improved his catching because seeing the ball late sharpened his reactions.Earlier, as a schoolboy at George Heriot’s in Edinburgh, he would climb over the wall of George Watson’s to practise kicking with a boy from that college. He later discovered that boy was Ian Robertson, a future Scotland team-mate and broadcasting great.Smith learnt how to screw-kick at a camp run by the Scottish Schoolboys Club and says he was eventually able to achieve perfect execution nine times out of ten.Into touch: tackling England wing John Novak. Ian Robertson (with hair) and Ali Biggar supportIn the Sixties, full-back was a purely defensive position. You were expected to catch, kick and tackle but not attack. That changed when the Australian Dispensation Law banning direct kicking into touch outside the 25 (now 22) was introduced.Step forward Harry Rea, an “inventive genius” who proposed a series of moves that, by modern standards, seem very simple. Yet at the time no one had seen anything like it. Former Scotland full-back Ian Smith is perfectly happy to play up his limitations. But amid the frazzled nerves and sceptical selectors is an outstanding autobiography LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS
TAGSSt. Johns River Water Management District Previous articleA conference to harness new technologies comes to OrlandoNext articleAPD posting crime bulletins online Denise Connell RELATED ARTICLESMORE FROM AUTHOR You have entered an incorrect email address! Please enter your email address here Please enter your comment! The St. Johns River Water Management District is encouraging homeowners in its 18-county region to “Skip a Week” of lawn and landscape irrigation during the cooler months of December, January, and February.“Skipping a week of irrigation when your yard doesn’t need it keeps lawns healthy and helps to conserve drinking water supplies — if homeowners who irrigate skipped every other week of watering this winter, north and east-central Florida could save more than 1 billion gallons of water,” said St. Johns River Water Management District Executive Director Dr. Ann Shortelle.During the cooler months, weekly irrigation isn’t always needed. In fact, research shows ½ to ¾ inches of water per irrigation zone every 10–14 days is sufficient.Overwatering makes lawns less able to survive Florida’s inevitable droughts and encourages pests, disease, and root rot. Using less water encourages deeper grass and plant roots, which makes them more drought-tolerant and less susceptible to pests and disease.Skipping a week is as simple as manually turning off your irrigation system.To make sure your yard stays healthy, turn on your irrigation system if you see signs your grass needs water. Signs include:Grass blades are folded in half;Grass blades are blue-gray; orGrass blades do not spring back; footprints remain visible on your lawn for several minutes after walking on it.If you see signs your lawn is wilting and decide to irrigate, the University of Florida recommends an average of ½ to ¾ inches of water per application. Saturating the root zone and then letting the soil dry encourages healthy, deep root growth.Additional research about efficient irrigation and other landscaping topics can be found at fyn.ifas.ufl.edu/ifaspubs.htm, which is part of the University of Florida’s Institute of Food and Agricultural Sciences Extension website.To learn more about the district’s “Skip a Week” message, visit sjrwmd.com/SkipAWeek. LEAVE A REPLY Cancel reply UF/IFAS in Apopka will temporarily house District staff; saves almost $400,000 Florida gas prices jump 12 cents; most expensive since 2014 Please enter your name here Gov. DeSantis says new moment-of-silence law in public schools protects religious freedom Share on Facebook Tweet on Twitter Save my name, email, and website in this browser for the next time I comment.
ArchDaily Design Development:Leonardo FlorentínCollaborators:Marianna Tucci, María B. Peroni, Jesús PereiraStructure:Juan GalianoCity:HernandariasCountry:ParaguayMore SpecsLess SpecsSave this picture!© Leonardo MéndezRecommended ProductsDoorsRabel Aluminium SystemsMinimal Sliding Door – Rabel 62 Slim Super ThermalWoodLunawoodThermowood FacadesDoorsLinvisibileLinvisibile Curved Hinged Door | AlbaWoodGustafsWood Veneered Wall & Ceiling PanelsText description provided by the architects. This project integrates natural topography, orientations, and views. The lot, located at the end of a 90-degree corner intersection allows a two-sided front facade; this quality guarantees quiet traffic around it. The opposite borderline and the lot back are bordered by a golf course. The irregular shaped plot was free of vegetation at its center but surrounded by lush vegetation along its perimeter.Save this picture!© Leonardo MéndezSave this picture!Save this picture!© Leonardo MéndezThe plot’s strongest feature is a steep slope, running north-south, enhancing its condition of being a natural lookout point, from the street level. It is due to this fact; that the proposal for this home arises from the intention of creating a constant dialogue between the topography and the views that extend towards the golf course and its lagoon.Save this picture!© Leonardo MéndezSave this picture!Save this picture!© Leonardo MéndezSave this picture!Save this picture!© Leonardo MéndezWith this objective, the project was organized around two blocks of free ground plan that are set at 90 degrees from each other, being the main block parallel to the sidewalk on the long façade side, and this is where social gatherings take place alongside the terrace with an infinity pool. We like to think that it is from this spot, that the project is born, from the intuition that comes when you stand there, and seize the landscape, regardless of the rest of the project…Save this picture!© Leonardo MéndezThe bedrooms are located on the top floor, looking for the best views and protected from the sun by sliding shutters. The basement is conceived as a result of the topography. Guests’ areas, pool support and maids quarters are located on this floor. This block proposes a direct connection with the garden using transparent openings that grant cross ventilation.Save this picture!© Leonardo MéndezThe second block, perpendicular to the first, includes secondary programs and materializes a smaller roof garden, creating a landscaped terrace that turns into an expansion of the gallery and social areas, since the natural garden area is one level lower. Under this cover, we have the audioroom and two garage areas. The owner, who is a music lover, composes music with an unlimited freedom in the audio room, beside his classic car collection.Save this picture!© Leonardo MéndezThe essence of this project is a house that feels like a continuous wandering, contemplating nature, life outdoors, and a place where the boundaries between inside and outside are faded away using large sliding glass doors. This project more than anything has the distinction of possessing two materialities. The first, a more tangible one, employ exposed concrete, ceramic blocks, basalt rock, glass, and wood. The other is more poetic and comes from sensing the views, the reflections and the sound of birds at dawn.Save this picture!© Leonardo MéndezProject gallerySee allShow lessStep House / Measured ArchitectureSelected ProjectsOffice Space / DBAA – Diego Baraona Arquitectos y AsociadosSelected Projects Share CopyHouses•Hernandarias, Paraguay Area: 1300 m² Year Completion year of this architecture project 17-218 House / m+ estudio de arquitectura y diseño Paraguay Save this picture!© Leonardo Méndez+ 33Curated by Clara Ott Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/923242/17-218-house-m-plus-estudio-de-arquitectura-y-diseno Clipboard Projects Manufacturers: Hansgrohe, Florense, Dell Anno, Eugenio Aguirre, Hunter Douglas, Portobello Houses 2017 “COPY” Paola Moure ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/923242/17-218-house-m-plus-estudio-de-arquitectura-y-diseno Clipboard “COPY” Lead Architect: Year: 17-218 House / m+ estudio de arquitectura y diseñoSave this projectSave17-218 House / m+ estudio de arquitectura y diseño Photographs: Leonardo Méndez Manufacturers Brands with products used in this architecture project Photographs Architects: m+ estudio de arquitectura y diseño Area Area of this architecture project CopyAbout this officem+ estudio de arquitectura y diseñoOfficeFollowProductBrick#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesHernandariasParaguayPublished on August 20, 2019Cite: “17-218 House / m+ estudio de arquitectura y diseño” [Vivienda 17-218 / m+ estudio de arquitectura y diseño] 20 Aug 2019. ArchDaily. Accessed 11 Jun 2021.
Howard Lake | 26 July 2006 | News AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Why charities need to protect their data Tagged with: Technology 20 total views, 1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Over the last few years we have seen an increasing number of internal network threats in the industry. These range from specific spear phishing attacks, disgruntled employees or mismanagement in a ‘get the job done’ approach, right down to intellectual property going out on a device attached to the network. Spear phishing attacks are particularly prevalent within the industry. Spear phishers send e-mails that appear genuine to employees or members within the company, organisation, or group. The message might look like it comes from your employer, or from a colleague who might send an e-mail message to everyone in the company, such as the head of human resources, or the person who manages the computer systems. It could include requests for user names or passwords.The truth is that the e-mail sender information has been faked or “spoofed.” Whereas traditional phishing scams are designed to steal information from individuals, spear phishing scams work to gain access to the group’s entire computer system. Any employee that responds with a user name or password, or clicks links, or opens attachments in a spear phishing e-mail, pop-up window, or Web site, risks becoming a victim of identity theft which puts them and the company at risk.Internal staff still believe that the use of the network and data is theirs to use indiscriminately. Of course any organisation needs to allow its people the flexibility to enjoy their roles, but with access control monitor and blocking of the company data. It’s important to remember that this is the responsibility of the organisation itself. Let’s look at data and how you can protect it in more detail.Data in motionCharities need more than network security and access control to guard confidential data. Donor and member lists, financial information and personal details are particularly sensitive. The organisation must protect the data itself. A good start would be to look at the three key elements of data visibility and control – namely:• Where is your confidential data?• Where is the data going?• What do you do once you find exposed confidential data?Look at solutions that offer encryption visibility and control. This will secure ad-hoc intellectual property and business communication, such as account details, using an encrypted email system. It gives you the ability to conduct business electronically while ensuring compliance with regulations such as the EU Data Protection Directive and GLBA. With encryption visibility and control you will know exactly where your confidential data is going. I have worked with many organisations to help them deal with this problem. I always recommend secure messaging integration to provide encryption visibility and control in four areas: • Monitor and prevent information sent over encrypted email and web channels; • Automate and enforce policies for information that must be sent encrypted; • Detect unauthorized use of desktop encryption. • Safeguard Employee Privacy. You must comply with international monitoring and prevention by protecting the privacy of your employees.Data at rest – protect your brand and reputationCharities need to reduce the frequency and severity of both inadvertent and malicious data loss incidents to protect brand and reputation, safeguard data, protect intellectual property, and demonstrate compliance. IT security is evolving and solutions are becoming much more sophisticated. To manage data at rest, choose a solution that discovers exposed customer data residing on shared file servers, web servers, and desktops. Make sure the solution automatically quarantines or deletes this information. Just as important, however, is the prevention of customer data leaving the network. For example, when an employee planning to work at home attempts to send a customer data file to their Yahoo! mail account. Make sure you can block the transmission, unless the individual is authorised to do so. Remember, data is your property. It is your responsibility to protect it and manage it well.About BEW GlobalBEW Global has developed a holistic approach to assist organizations with its information protection and network security solutions. Centred on ISO 27001, an internationally recognized security standard, BEW Global provides a framework which includes services and relevant products to help organizations achieve regulatory, compliance and security initiatives. With offices in the major regional commercial markets including Europe North America, and the Pacific Rim, BEW Global provides a truly integrated global perspective on data protection and network security. Jason Ashley, Senior Partner at IT security company BEW Global, explains why charities need to focus even more on protecting their data. He offers suggestions on how to protect data in motion and data at rest.The rise in data security breaches and trade secret piracy over the past year is a wake-up call for executives – network security is not enough for charities. Incredibly, 1 in 400 messages leaving a company contains confidential data, and one in 50 files on open share (a folder where anyone on the network can add, delete or change files, without needing a username and password) is exposed.I believe that the threat poised internally is just as great as at the perimeter. Advertisement About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.
Nottingham-based full service creative agency Michon has completed a pro-bono campaign for Cerebral Palsy Sport (CP Sport) as part of its CSR programme.CP Sport asked Michon to develop a look for its Get Set Raise campaign that would work both online and through offline media to raise aspirations, promote inclusion and support people with cerebral palsy in participating in and enjoying sport and active recreation across the UK.Michon started by developing a stand-alone visual identity for the campaign, using a ‘stamp’ device with the phrase “Get Set Raise” that complements CP Sport’s existing branding and works across printed materials, social media channels and online.The look and feel of the campaign was then used to develop a downloadable toolkit that includes a fundraising guide, a sponsorship form, and a range of posters and templates for fundraisers to customise and print off.In conjunction with Cerebral Palsy Awareness Month in March, it is hoped that Get Set Raise will help the charity reach a £10k fundraising target.Shaun Hallam, business development and fundraising manager at CP Sport, said:“The Get Set Raise stamp is very easy to use alongside our existing brand identity, and it works particularly well on our social media sites, which are so important when promoting our fundraising activities.“The target we have set ourselves is particularly ambitious this year, but with this new campaign identity in place, we have every confidence that we will succeed in reaching it.” 149 total views, 1 views today Advertisement Melanie May | 10 February 2017 | News 150 total views, 2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis1 Tagged with: donated services sport Notts-based agency completes pro-bono campaign for CP Sport AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis1 About Melanie May Melanie May is a journalist and copywriter specialising in writing both for and about the charity and marketing services sectors since 2001. She can be reached via www.thepurplepim.com.
Facebook Linkedin Twitter Twitter Chairman of the National Endowment for the Humanities speaks with TCU faculty and students TCU Faculty voting on secret DEI ballot #JoltTheVote: A new group encourages political engagement Facebook printThe TCU Faculty Assembly will meet Thursday with hopes to move forward on a proposal to add a Diversity, Equity and Inclusion Essential Competency to TCU’s Core Curriculum.To get a chance to vote on the DEI curriculum addition, 20 percent of TCU full-time faculty members need to be in attendance of a quorum, TCU Faculty Senate Secretary Jan Quesada said in an email sent to faculty.In order for an electronic vote on the proposals to be held, at least 140 TCU faculty members must attend Thursday’s meeting. The end-goal of the proposal is to improve the overall campus culture, academic and student success in the workforce and for the recruitment and retainment of faculty and staff, according to supporters.The Faculty Assembly will be held Thursday at 5 p.m. in the Brown Lupton University Union auditorium.For further information on the proposal, visit the Diversity, Equity and Inclusion website. Oscar Hernandez was born and raised in Fort Worth, TX. He is a third-year journalism major with a minor in Spanish. Oscar Hernandezhttps://www.tcu360.com/author/oscar-hernandez/ Oscar Hernandezhttps://www.tcu360.com/author/oscar-hernandez/ Oscar Hernandezhttps://www.tcu360.com/author/oscar-hernandez/ The TCU Faculty Assembly will call to vote on the DEI proposal in the BLUU auditorium. Photo via TCU. DEI proposal prompts civil discourse Oscar Hernandezhttps://www.tcu360.com/author/oscar-hernandez/ TCU places second in the National Student Advertising Competition, the highest in school history Linkedin Previous articleTCU assistant dean remembered for bettering lives of othersNext articleMen’s tennis continues to heat up, defeating Tennessee, Pepperdine and Loyola Marymount Oscar Hernandez RELATED ARTICLESMORE FROM AUTHOR Oscar Hernandez ReddIt + posts ReddIt World Oceans Day shines spotlight on marine plastic pollution Welcome TCU Class of 2025
Top StoriesTenancy Matters Governed Under Transfer Of Property Act Are Arbitrable, Reiterates Supreme Court LIVELAW NEWS NETWORK23 Dec 2020 8:30 PMShare This – xThe Supreme Court has reiterated that the lease/tenancy matters which are not governed under the special statutes but under the Transfer of Property Act are arbitrable.CJI SA Bobde led three judge bench observed thus while considering a petition under Section 11(5) of the Arbitration and Conciliation Act, seeking appointment of a Sole Arbitrator for …Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has reiterated that the lease/tenancy matters which are not governed under the special statutes but under the Transfer of Property Act are arbitrable.CJI SA Bobde led three judge bench observed thus while considering a petition under Section 11(5) of the Arbitration and Conciliation Act, seeking appointment of a Sole Arbitrator for resolving the disputes in relation to a lease deed.The court noted that there is a clause in the lease deed which indicates that the disputes between the parties is to be resolved through Arbitration. The court further noted that since one of the parties is a citizen of Kenya and habitually is a resident of Nairobi, Kenya, the agreement qualifies as an ‘International Commercial Arbitration’ as defined in Section 2(f) of Act.Referring to the provisions contained in Section 111, 114 and 114A of the TP Act, the bench said that these provisions provide certain protection to the lessee/tenant before being ejected from the leased property. The bench also comprising Justices AS Bopanna and V. Ramasubramanian said:”In our considered view, the same cannot be construed as a statutory protection nor as a hard and fast rule in all cases to waive the forfeiture. It is a provision enabling exercise of equitable jurisdiction in appropriate cases as a matter of discretion.”The court observed that such equitable protection does not mean that the disputes relating to those aspects between the landlord and the tenant is not arbitrable and that only a Court is empowered to waive the forfeiture or not in the circumstance stated in the provision. The bench added:”In our view, when the disputes arise between the landlord and tenant with regard to determination of lease under the TP Act, the landlord to secure possession of the leased property in a normal circumstance is required to institute a suit in the Court which has jurisdiction. However, if the parties in the contract of lease or in such other manner have agreed upon the alternate mode of dispute resolution through arbitration the landlord would be entitled to invoke the arbitration clause and make a claim before the learned Arbitrator. Even in such proceedings, if the circumstances as contained in Section 114 and 114A of TP Act arise, it could be brought up before the learned Arbitrator who would take note of the same and act in accordance with the law qua passing the award. In other words, if in the arbitration proceedings the landlord has sought for an award of ejectment on the ground that the lease has been forfeited since the tenant has failed to pay the rent and breached the express condition for payment of rent or such other breach and in such proceedings the tenant pays or tenders the rent to the lessor or remedies such other breach, it would be open for the Arbitrator to take note of Section 114, 114A of TP Act and pass appropriate award in the nature as a Court would have considered that aspect while exercising the discretion.”The bench clarified that disputes arising under the Rent Acts will have to be looked at from a different view point and therefore not arbitrable in those cases. This is for the reason that notwithstanding the terms and conditions entered into between the landlord and tenant to regulate the tenancy, if the eviction or tenancy is governed by a special statute, namely, the Rent Act the premises being amenable to the provisions of the Act would also provide statutory protection against eviction and the courts specified in the Act alone will be conferred jurisdiction to order eviction or to resolve such other disputes, the court said. It observed:”In such proceedings under special statutes the issue to be considered by the jurisdictional court is not merely the terms and conditions entered into between the landlord and tenant but also other aspects such as the bonafide requirement, comparative hardship etc. even if the case for eviction is made out. In such circumstance, the Court having jurisdiction alone can advert into all these aspects as a statutory requirement and, therefore, such cases are not arbitrable. As indicated above, the same is not the position in matters relating to the lease/tenancy which are not governed under the special statutes but under the TP Act.”While appointing Justice (Retired) Mukul Mudgal, former Chief Justice of Punjab and Haryana High Court as the Sole Arbitrator to resolve the dispute between the parties in this case, the bench further referred to recent judgment in Vidya Drolia & Ors. vs. Durga Trading Corporation case and observed:”In the backdrop of the above discussion, we are of the considered view that insofar as eviction or tenancy relating to matters governed by special statutes where the tenant enjoys statutory protection against eviction whereunder the Court/Forum is specified and conferred jurisdiction under 19 the statute alone can adjudicate such matters. Hence in such cases the dispute is nonarbitrable. If the special statutes do not apply to the premises/property and the lease/tenancy created thereunder as on the date when the cause of action arises to seek for eviction or such other relief and in such transaction if the parties are governed by an Arbitration Clause; the dispute between the parties is arbitrable and there shall be no impediment whatsoever to invoke the Arbitration Clause. “CASE: Suresh Shah vs. Hipad Technology India Private Limited [ARBITRATION PETITION (CIVIL) NO(S). 08/2020]CORAM: CJI SA Bobde, Justices AS Bopanna and V. RamasubramanianCounsel: Advocate Vikas DhawanClick here to Read/Download JudgmentRead JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story