BCCI is a 'shop,' provisions of ESI Act applicable: SC

 

• BCCI is a 'shop,' provisions of ESI Act applicable: SC

New Delhi, Aug 31 (PTI): The activities of the Board of Control for Cricket in India (BCCI) are commercial in nature and can be termed as a "shop" for the purposes of attracting the provisions of the Employees State Insurance Act, the Supreme Court has said.

The top court said ESI Act is welfare legislation enacted by the Centre and a narrow meaning should not be attached to the words used in the Act as it seeks to insure the employees of covered establishments against various risks to their life, health, and well-being and places the charge upon the employer.

A bench of Justices M R Shah and P S Narasimha said no error has been committed by the ESI Court and/or the High Court in treating and considering the BCCI as a shop for applicability of the ESI Act.

"Considering the systematic activities being carried out by the BCCI namely, selling of tickets of cricket matches; providing entertainment; rendering the services for a price; receiving the income from international tours and the income from the Indian Premier League, the ESI Court, as well as the High Court, have rightly concluded that the BCCI is carrying out systematic economic commercial activities and, therefore, the BCCI can be said to be 'shop' for the purposes of attracting the provisions of ESI Act," the bench said.

The top court was dealing with the question of whether the BCCI can be said to be a shop as per the notification dated September 18, 1978, and if the provisions of the ESI Act shall be applicable to the BCCI or not.

The Bombay High Court had said that BCCI is covered within the meaning of shop as per notification dated September 18, 1978, issued by the Government of Maharashtra under the provisions of Section 1(5) of the Employees State Insurance Act, 1948.

The top court said the term shop should not be understood and interpreted in its traditional sense as the same would not serve the purpose of the ESI Act.

It said an expansive meaning may be assigned to the word shop for the purposes of the ESI Act.

The apex court said submission on behalf of the BCCI that its predominant activity is to encourage cricket/sports and, therefore, the same shall not be brought within the definition of shop for the purposes of applying the ESI Act, has no substance.

"It is also required to be noted that while holding so, the High Court has also taken into consideration the relevant clauses of the Memorandum of Association of the BCCI to come to the conclusion that the activities of the BCCI can be said to be systematic commercial activities providing entertainment by selling tickets, etc. The Memorandum of Association as a whole is required to be considered.

"In view of the above and for the reasons stated above, we see no reason to interfere with the impugned judgement and order passed by the High Court as well as the ESI Court. As such, we are in complete agreement with the view taken by the High Court. The special leave petitions stand dismissed accordingly," the bench said.

(Source : PTI )

दुमका हत्याकांड ‘लव जेहाद’ का मामला, बांग्लादेशी आतंकियों व पीएफआई से शाहरुख के संबंध : कपिल मिश्रा

दुमका हत्याकांड ‘लव जेहाद’ का मामला, बांग्लादेशी आतंकियों व पीएफआई से शाहरुख के संबंध : कपिल मिश्रा

भारतीय जनता पार्टी के फायर ब्रांड नेता कपिल मिश्रा ने दुमका में अंकिता हत्याकांड पर बड़ा बयान दिया है. कपिल मिश्रा (Kapil Mishra) ने बुधवार को दुमका में कहा कि उन्हें लगता है कि दुमका का मामला ‘लव जेहाद’ (Love Jehad) का मामला है. उन्होंने कहा कि अंकिता (Ankita Burnt Alive) को जिंदा जलाने वाले शाहरुख और उसके भाई के बांग्लादेशी आतंकवादियों से कनेक्शन सामने आया है. इनके पीएफआई (PFI) से भी संबंध हैं.

मुस्लिम तुष्टिकरण में व्यस्त है हेमंत सोरेन सरकार

उन्होंने हेमंत सोरेन सरकार पर मुस्लिम तुष्टिकरण की राजनीति करने का आरोप लगाया. उन्होंने कहा कि एक बेटी को जिंदा जला दिया गया. अब तक सरकार के मुखिया पीड़ित परिवार से मिलने नहीं पहुंचे. उनके भाई भी अब तक अंकिता के माता-पिता को सांत्वना देने नहीं पहुंचे. यह सरकार मुस्लिमों को खुश करने में जुटी हुई है. कपिल मिश्रा ने हेमंत सोरेन सरकार पर मामले की लीपापोती करने के भी आरोप लगाये.

कपिल मिश्रा ने कहा कि मैं पूछता हूं कि मुख्यमंत्री कहां हैं. उनके भाई कहां हैं. आज अगर यही दरवाजा अंकिता का न होकर नदीम अंसारी का होता, तो पूरी कैबिनेट आज यहां होती. झारखंड की पूरी सरकार आज यहां होती. उन्होंने कहा कि उनका हेलीकॉप्टर नदीम अंसारी के लिए गया, लेकिन अंकिता के लिए नहीं गया. कपिल मिश्रा ने कहा कि अब तक 28 लाख रुपये जमा हो चुके हैं. पूरे पैसे अंकिता के पिता के अकाउंट में ट्रांसफर किये जायेंगे.

सरकार पिकनिक मना रही थी, बच्ची तड़प रही थी

कपिल मिश्रा ने पूछा कि जब सरकार का हेलीकॉप्टर नदीम अंसारी के लिए जा सकता है, तो अंकिता के लिए क्यों नहीं गया. वो बच्ची मरने वाली नहीं थी. अंकिता का बयान, उसका वीडियो पूरे देश ने देखा है. अगर यह सरकार गंभीर होती, तो उसे आराम से ठीक किया जा सकता था, क्योंकि वह बोल रही थी. उन्होंने कहा कि सरकार पिकनिक मना रही थी और बच्ची तड़प रही थी. उन्होंने कहा कि आज पूरी दुनिया अंकिता के साथ खड़ी है, लेकिन झारखंड की सरकार उसके साथ नहीं है.

लव जेहाद के एंगल से जांच होनी चाहिए

कपिल मिश्रा ने कहा कि इस मामले की लव एंगल से जांच होनी चाहिए. चिंता की बात यह है कि यहां का चुना हुआ विधायक कह रहा है कि शाहरुख की गिरफ्तारी हो गयी. उन्होंने पूछा कि क्या शाहरुख की गिरफ्तारी पर बात खत्म हो जायेगी. उन्होंने कहा कि यह किसी सिरफिरे आशिक का काम नहीं है. यह सोची-समझी हत्या है. पेट्रोल डालकर किसी इंसान को जिंदा जलाने की ट्रेनिंग उसे किसने दी. उन्होंने कहा कि यह पहला मामला नहीं है, जब सरकार ऐसे मामले पर पर्दा डालने की कोशिश कर रही है. इसे बर्दाश्त नहीं किया जायेगा.

( स्रोत : प्रभात खबर )

Virtual school for students across country launched

 Virtual School for Students Across the Country Launched

New Delhi, Aug 31 (PTI): Delhi Chief Minister Arvind Kejriwal on Wednesday launched the "country's first virtual school", and said students from across the country will be eligible for admission.

The application process for the Delhi Model Virtual School (DMVS) began on Wednesday. The school is for classes 9-12.

"The admission to the schooling platform will be open for students across India who are aged between 13 and 18 and they will also be prepared by experts for entrance exams like NEET, CUET and JEE along with skill-based training," Kejriwal said at an online media briefing.

The chief minister said the first virtual school in the country will prove to be a milestone in the education sector.

"There are many children who cannot go to school since there are issues like the school being far away or other obstacles. Many parents do not get their daughters educated since they don't want to send them out.

"We are starting this virtual school to ensure they get educated. This school is inspired by virtual classes that had been necessitated due to the COVID-19 pandemic," he said.

The classes will be online and recorded lectures will also be uploaded online, Kejriwal said, adding the school is affiliated to the Delhi Board of School Education.

"The virtual school will be affiliated to Delhi Board of School Education Board. Any student aged between 13 and 18 years who has cleared class 8 from any recognised school can apply for admission to DMVS," he said.

Students can apply on the portal DMVS.ac.in, he said.

Tagging the school announcement video, Kejriwal later said in a tweet in Hindi: "We are fulfilling Baba Saheb Ambedkar's dream to provide education to every child of the country. Admissions have started for Class 9 to Delhi's digital school and students can take admission by accessing DMVS.ac.in.

(Source : PTI)

Pakistani doctor pleads guilty to terror charge in Minnesota

Pakistani Doctor pleads Guilty to Terror Charge in Minnesota, USA

Saint Paul (US), Aug 17 (AP) A Pakistani doctor and former Mayo Clinic research coordinator pleaded guilty Tuesday to a terrorism charge, more than two years after he was arrested for telling paid FBI informants that he pledged his allegiance to the Islamic State group and that he wanted to carry out lone wolf attacks in the US.

According to online court records, Muhammad Masood pleaded guilty to one count of attempting to provide material support to a foreign terrorist organization. A sentencing date has not been set.

Prosecutors say Masood was in the US on a work visa. They alleged that starting in January of 2020, Masood made several statements to paid informants whom he believed were members of the Islamic State group pledging his allegiance to the group and its leader.

Prosecutors said Masood expressed his desire to travel to Syria to fight for ISIS and a desire to carry out lone wolf attacks in the US.

The Mayo Clinic has previously confirmed that Masood was a former employee at the medical center in Rochester, Minnesota, but was not employed by the clinic at the time of his arrest.

(Source : AP & PTI)

Truss in commanding lead over Sunak in UK PM Race

Truss in commanding lead over Sunak in UK PM Race

Monday, 15 August 2022 | PTI | London

The UK prime ministerial race frontrunner, Foreign Secretary Liz Truss, continues to hold on to a commanding 22-point lead over former Chancellor Rishi Sunak in the Conservative Party leadership contest, according to a new survey of Tory members on Sunday.

In an Opinium poll for ‘The Observer' newspaper of 570 Conservative members with a vote in the election, Truss is on 61 per cent and the British Indian former minister is on 39 per cent. With under three weeks to go before the September 2 deadline for postal and online votes to be cast by the membership to elect a successor to outgoing Prime Minister Boris Johnson, Sunak seems to have closed the gap only slightly in recent days.

“From the moment we knew the final two candidates, it has been clear that Truss has had all the momentum, and our latest poll sets out just how large her lead among the party members has become,” Chris Curtis of Opinium told the newspaper.

“With many members having already returned their ballot papers, it is now very unlikely Truss won't become Prime Minister in September. It's clear that Sunak's biggest problem is trust. While some members respect his economic arguments, this hasn't been enough to overcome the view among members that he isn't honest or trustworthy enough for the top job, particularly after he called for Johnson to go,” he said.

Opinium's detailed questioning also uncovers a striking lack of enthusiasm for either candidate when members are asked whether they would prefer one of them to Johnson to run the party and country. When offered the choice of Johnson still being in No. 10 Downing Street, or Truss taking over, around 63 per cent of Tory members polled said they would prefer Johnson to be still in charge against 22 per cent who wanted Truss. On the other side, 68 per cent said they would prefer to still have Johnson than see him replaced by Sunak, who was preferred by just 19 per cent.

The poll also found that almost three in 10 of the Tory electorate (29 per cent) had already voted. Some 47 per cent said they would definitely be voting for the candidate they had opted for. Just 19 per cent said they had yet to make up their mind.

Opinium said that while these findings meant it may still be possible for Sunak to pull off a “stunning comeback” to enter 10 Downing Street, but to do so he would have to win over almost all the undecideds and convert a sizeable chunk of those not fully behind Truss.

The Foreign Secretary's support is particularly strong among older Conservative members, while Sunak's is far higher among younger ones. For Sunak the most cited reason was that he would be better at managing the economy (22 per cent), while 10 per cent said they regarded him as the most competent or intelligent.

 A main reason mentioned by people who backed Truss was dislike of Sunak (14 per cent). The same proportion (14 per cent) said the Cabinet minister was more honest and trustworthy, while 10 per cent chose the fact that she had remained loyal to Johnson and not called on him to resign.

(Source : PTI & The Pioneer)

This Amrit Kaal, every Indian aspiring to see fast progress of new India: PM Modi

This Amrit Kaal, every Indian aspiring to see fast progress of New India: PM Modi

Monday, 15 August 2022 | PTI | New Delhi

Prime Minister Narendra Modi on Monday said in this 'Amrit Kaal', every Indian is aspiring to see the fast progress of a new India with enthusiasm and impatience.

Addressing the nation from the ramparts of the Red Fort on the occasion of the 75th anniversary of India's Independence, he termed India the "mother of democracy".

"Our nation has proved that we have an inherent strength from our diversity and the common thread of patriotism makes India unshakeable," Modi said.

An aspirational society is important for any nation. Today, "we are proud that these aspirations are present in every household in India. Every citizen is enthusiastic, impatient for the fast progress of New India," he said.

"My understanding of the spirit of India, made me realise that for the growth of New India we needed to ensure inclusive development across the nation, a vision that was held dear by Mahatma Gandhi," the prime minister said.

Modi said in the last few days, "we have seen an increase in the common consciousness of the love for the nation".

The 'Har Ghar Tiranga' campaign has been an example of the entire nation coming together to celebrate the spirit of this glorious country, he said.

"This Amrit Kaal is providing us a golden opportunity to fulfil the dreams and goals of this aspirational society," Modi said.

(Source : PTI & The Pioneer)

9 wounded in shooting outside Cincinnati bar, police say

 9 wounded in shooting outside Cincinnati Bar, Police say

Sunday, 07 August 2022 | AP | Cincinnati (US)

At least nine people were wounded — none critically — in a shooting outside a Cincinnati bar early Sunday, police there said.

Most of the victims suffered wounds to their lower halves, Lt. Col. Mike John of the Cincinnati police told news outlets. A police officer fired at a suspect who fled the scene, but it was unclear if that person was actually shot. The suspect was not in custody as of Sunday morning.

“It is a little unusual when we do not know for certainty whether the individual the officer fired on was struck or not,” John said.

John said police used what he called two “bang balls” — a “percussion instrument” with a “very loud noise” — to disperse a crowd they said had gathered around officers trying to provide aid to the wounded.

The shooting took place shortly before 2 a.M. Outside Mr. Pitiful's bar in the Ohio city's Over-the-Rhine district, a popular nightlife area. Another shooting in the neighboring Central Business District left two wounded soon after, but John said it was too early to tell whether there was a connection.

(Source: AP & The Pioneer)

JEE-Main: 24 candidates score perfect 100, result of 5 students withheld for using unfair means

 JEE-Main: 24 candidates score perfect 100, result of 5 students withheld for using unfair means

Monday, 08 August 2022 | PTI | New Delhi

Twenty four candidates have got the perfect score in the engineering entrance exam JEE-Main, results of which were announced on Monday, according to the National Testing Agency (NTA).

Result of five candidates has been withheld by the agency for using unfair means.

Maximum candidates bagging the top score in the first edition of JEE-Main, 2022 are from Andhra Pradesh and Telangana (5) followed by Rajasthan (4) and Uttar Pradesh (2).

One candidate each from Haryana, Maharashtra, Assam, Bihar, Punjab, Kerala, Karnataka, Jharkhand, has bagged the perfect score.

The top scorers from Telangana are Rupesh Biyani, Dheeraj Kurukunda, Jasti Yashwanth V V S, Busa Siva Naga Venkata Aditya and Aniket Chattopadhyay.

Menda Hima Vamsi, Koyyana Suhas, Palli Jalajakshi, Penikalapati Ravi Kishore, Polisetty Karthikeya are the top scorers from Andhra Pradesh. The top scorers from Rajasthan are Krishna Sharma, Mayank Motwani and Parth Bhardwaj.

Other candidates who scored 100 are Sarthak Maheshwari (Haryana), Kushagra Srivastava (Jharkhand), Mrinal Garg (Punjab), Sneha Pareek (Assam),  Boya Harsen Sathvik (Karnataka) and Saumitra Garg and Kanishka Sharma from Uttar Pradesh.

"Over 10.26 lakh candidates had registered for the two sessions of the exam while 9.05 lakh candidates had appeared. Over 4.04 lakh candidates had appeared for both the sessions," a senior NTA official said.

The examination was conducted at 622 examination centres in 440 cities including 17 cities outside India in Manama, Doha, Dubai, Kathmandu, Muscat, Riyadh, Sharjah, Singapore, Kuwait City, Kuala Lumpur, Lagos/Abuja, Colombo, Jakarta, Vienna, Moscow, Port Louis and Bangkok.

" Vienna, Moscow, Port Louis, and Bangkok were added for the first time. Live CCTV surveillance was planned in all examination centres to curb malpractices in the examination. The NTA also made arrangements for live viewing of remote locations of all examination centres from the control room located in the NTA premises of New Delhi. Recording of CCTV systems was also done," the official said.

"Over 583 observers, 286 city-coordinators, 18 regional coordinators, two national coordinators were deployed at the examination centres to oversee the smooth and fair conduct of the examination," he added.

The official explained that the NTA score is not the same as percentage of marks obtained.

"NTA scores are normalised scores across multi session papers and are based on relative performance of all those who appeared for the examination in one session. The marks obtained are converted into a scale ranging from 100 to 0 for each session of the examinees," the official said.

The examination was conducted in 13 languages (Assamese, Bengali, English, Gujarati, Hindi, Kannada, Malayalam, Marathi, Odia, Punjabi, Tamil, Telugu, and Urdu).

The second session of JEE-Main is scheduled from July 21 to 30.

After both sessions of JEE (Main)-2022 examination, the ranks of the candidates will be released taking into consideration the best of the two NTA scores in accordance with the policy already in place.

(Source: PTI & The Pioneer)