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Just Eat Takeaway shares: does a 6-month drop represent a buying opportunity?

Just Eat Takeaway shares: does a 6-month drop represent a buying opportunity?

first_img Our 6 ‘Best Buys Now’ Shares “This Stock Could Be Like Buying Amazon in 1997” Ben Hargreaves | Tuesday, 1st June, 2021 | More on: JET Over the last six months, no other FTSE 100 company’s share price has fallen further than Just Eat Takeaway’s (LSE:JET). Just Eat Takeaway shares are currently valued at around 6,400p, after a six-month drop of 19% and a one-year drop of 26%.Strangely enough, this is what got me interested in taking a deeper look at the company. I was curious whether this fall in the Just Eat Takeaway share price had created an opportunity to buy.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…The reasons for the dropThe pandemic lockdowns hit some businesses hard while others thrived. For Just Eat Takeaway, it was the latter. In its 2021 first-quarter results, the company reported 96% year-on-year growth in the numbers of orders in the UK. It also reported a 695% increase in orders for delivery, which can be substantially attributed to the lockdown in the UK.However, towards the end of last year, this explosion in orders had been accounted for when investors drove the Just Eat Takeaway’s share price to its highest point of 9,980p. Since that point, the share price has steadily fallen.Just Eat Takeaway was then further hit, as investors began to shift capital away from tech and growth stocks earlier this year. One of Just Eat Takeaway’s major rivals, Deliveroo, launched an IPO earlier this year only to see its share price plummet.I can see why short-term investors would consider future growth for such companies to be limited, as lockdowns ease across Europe. It’s unlikely that Just Eat Takeaway will again see the dramatic increase in orders as in its first-quarter results.Adding to these concerns are the broader issues with the food delivery sector. Just Eat Takeaway has a number of competitors in the market and all are struggling to achieve profitability. Deliveroo, Uber Eats, and Postmates, all rivals to the company, posted losses in full-year 2020 results. Just Eat Takeaway was no different here, as the company stated a £129.5m loss in 2020.Just Eat Takeaway shares: to buy or not to buy?However, I think that the sell-off of Just Eat Takeaway shares has been too dramatic. After its upcoming merger with Grubhub, the company will be the largest online food delivery company outside China.Just Eat Takeaway’s US expansion will add to its existing developed positions in the UK, Germany, Canada, and the Netherlands. In first-quarter results, total orders grew in all of these countries by more than 50%. Beyond this, the company is active in 23 countries. This provides Just Eat Takeaway shareholders with a position in a company with broad exposure to the global market.Despite these factors, I don’t believe Just Eat Takeaway shares deserve the sell-off seen over the last six months. At the company’s current share price, I will be looking to buy to develop a long-term position. Image source: Getty Images I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement. Click here to claim your copy now — and we’ll tell you the name of this Top US Share… free of charge! Just Eat Takeaway shares: does a 6-month drop represent a buying opportunity?center_img Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee. I’m sure you’ll agree that’s quite the statement from Motley Fool Co-Founder Tom Gardner.But since our US analyst team first recommended shares in this unique tech stock back in 2016, the value has soared.What’s more, we firmly believe there’s still plenty of upside in its future. In fact, even throughout the current coronavirus crisis, its performance has been beating Wall St expectations.And right now, we’re giving you a chance to discover exactly what has got our analysts all fired up about this niche industry phenomenon, in our FREE special report, A Top US Share From The Motley Fool. Enter Your Email Address Ben Hargreaves holds no position in any of the shares mentioned. The Motley Fool UK has recommended Just Eat Takeaway.com N.V. Views expressed on the companies mentioned in this article are those of the writer and therefore may differ from the official recommendations we make in our subscription services such as Share Advisor, Hidden Winners and Pro. Here at The Motley Fool we believe that considering a diverse range of insights makes us better investors. Simply click below to discover how you can take advantage of this. See all posts by Ben Hargreaveslast_img read more

Lions 2013 squad options: No 8

Lions 2013 squad options: No 8

first_imgLATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS LONDON, ENGLAND – APRIL 07: Nick Easter of Quins is hauled down by Conor Murray and Casey Laulala of Munster during the Heineken Cup quarter final match between Harlequins and Munster at The Twickenham Stoop on April 7, 2013 in London, England. (Photo by Stu Forster/Getty Images) Point to prove: Ireland captain Jamie Heaslip will tour with the Lions, but he must show he is a Test optionBy Alan DymockIN THE aftermath of the Six Nations and with time running out we are all confronted with the starkest of choices: who are our Lions?An obvious point of conjecture, there were at least some standouts in recent weeks. So in the interest of making clear what Warren Gatland, Graham Rowntree, Rob Howley and Andy Farrell face before the squad announcement on 30 April, Rugby World will sift through the runners and riders in each key position.Unrelenting: Toby Faletau keeps rumbling on against ItalyWith the No 8s, though, there is the potential for Gatland to be harangued by fans for whatever choices he makes because there are so few options out there.Toby Faletau was the undoubted home nations standout during the Six Nations, playing muscular rugby at the tail of the Welsh scrum. He carried strongly and could hound ball-carriers if his game remit was to defend. He had and does have the ability to play several game-types and he is in international form, even if he is bailing out water with the Dragons. He also, and for some this is very important, has a history of playing well against Australia. However, in the other clear options there is not a sense that such mass box-ticking is going on.Ireland’s Jamie Heaslip struggled like a bug in a bathtub after being handed the country’s captaincy. He just could not keep a foothold and every time he moved forward something minor would cause him to slip back again. Chances are he will tour, but a thunderous surge of self-belief will be needed to push him to Test contention. Leinster’s assault on the Amlin Challenge Cup and RaboDirect Pro12 could help. Beyond this pair, it is slim pickings. Ben Morgan has his fans, but while he can be lifted with Gloucester and has moments of defence-shredding brilliance in an England shirt he can fade out of games. The same could be said of Scotland’s Johnnie Beattie, who has shone amongst Montpellier’s harem of ball-runners and looked good as a counter-attacker during the Six Nations, but who faces daily questions about his ability to play the tight game.Uphill struggle: embattled Nick Easter carriesBoth men represent gambles for Gatland and it could take an impressive domestic display for one to edge ahead of the other.Elsewhere, the campaign for left-field choices is dying down. Nick Easter and David Denton had featured in some discussion, but as the season has raged on –with Harlequins hitting a skiddy patch and Edinburgh playing terribly, as well as Denton juggling balls for Scotland – the trumpeting has been muffled. The one mouse-squeak that will not disappear is from those asking if Australia-based Gareth Delve, captain of the Melbourne Rebels, should be included. Perhaps, though, in the interest of keeping things close-knit, versatile utility breakaways like Tom Croft and Tom Wood could be the back-up plan.This is one area where Gatland may get creative.last_img read more

Structure committee begins to synthesize resolutions

Structure committee begins to synthesize resolutions

first_img Comments (1) By Mary Frances Schjonberg and Melodie WoermanPosted Jul 6, 2012 Press Release Service Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Episcopal Church releases new prayer book translations into Spanish and French, solicits feedback Episcopal Church Office of Public Affairs Director of Music Morristown, NJ Bishop Diocesan Springfield, IL Tags Rector and Chaplain Eugene, OR Submit a Press Release General Convention, Structure committee begins to synthesize resolutions Rector Knoxville, TN Comments are closed. The Standing Commission on the Structure of the Church is the right body to coordinate the Episcopal Church’s effort to change the way it is organized, the Rev. Morgan Allen, a deputy from Texas and vice chair of that commission, tells members of the General Convention’s legislative committee on structure during a hearing July 5. ENS photo/Mary Frances Schjonberg[Episcopal News Service – Indianapolis, Ind.] General Convention’s Committee on Structure formed a subcommittee July 6 to draft a resolution to substitute for a plethora of existing ones calling for structural change in the Episcopal Church.The action came the morning after an evening hearing during which bishops, deputies and visitors told the committee that the church was in the middle of what some of them called an emergency that prevents it from doing the mission work of spreading the gospel in the world.The committee spent an hour July 6 discussing what it heard during the hearing. Members said they were impressed by the passion and commitment of those who spoke but said the testimony offered “a paucity of ideas” about specifics, in the words of the Rev. Michael Barlowe, deputy from California.Deputy Judith Conley of Arizona said, “People don’t know exactly what they want but are asking for change, something different.”In response, a writing subcommittee was appointed, with a first draft of proposed legislation to be presented at the committee’s July 7 morning meeting. The goal, according to deputy chair the Rev. Gay Jennings of Ohio, is to have the committee’s proposals finished by July 8.During the July 5 hearing, with each witness speaking for two minutes, and the hearing lasting just more than 90 minutes, the testimony was short on the specifics about the nature of the emergency and what changes each would like to see made in the church’s structure in response. There were repeated calls for putting “everything on the table.”Diocese of Northwestern Pennsylvania Bishop Sean Rowe led off the testimony insisting that “the church structure as it is now is on the verge of imploding.”“We don’t need out-of-the-box thinking,” he said. “We need to proclaim that there is no box.”Close to an hour later, Joan Geiszler-Ludlum, deputy from East Carolina, objected to that sort of characterization. “Let’s stop thinking and saying our church is broken. Our church is not broken,” she said. “We have in place structures and concepts and values that have served us well for more than 100 years … many of the parts and values still work and remain important to our Episcopal identity.She called for a six-year process that would begin with spending the first three years focusing on the church’s theology and vision, and then working on its infrastructure.“Anything else will have us building a bridge to nowhere rather than a bridge to a new, alive Episcopal Church,” she said.Atlanta Bishop Neil Alexander warned that “we can’t have any idols, we can’t have any sacred cows” while deciding how to develop “a new structure and a new approach to doing mission in the 21st century.”“I believe that every baptized person, ordained or not, shares in the governance of the church, but we’ve also frankly got some idolatry, I believe, around some of our structures and I think it’s time we put them all on the table and gave them a really hard look,” he said.Lynn Schmissrauter, chair of the East Tennessee deputation, said her diocese is “longing for a different, joyful, life-giving, energizing, nimble, courageous, aerodynamic structure for our church.” But, she said, if something is tried and it fails, “we’re not going to get all wadded up about it.”“The tomb is empty and we want to behave like a church that really believes that and allows some gifted people to propose some courageous changes in pursuit of the risen Lord,” she said.“It is sometimes a challenge for people who are deeply involved in current structures to change them, the Rev. Susan Snook, an Arizona deputy, tells members of the General Convention’s legislative committee on structure during a hearing July 5. ENS photo/Mary Frances SchjonbergThe July 5 hearing technically covered 51 separate resolutions, 46 of them from dioceses. Most of the diocesan resolutions are based on a model resolution suggested to the House of Bishops in September by Bishop Stacy Sauls, a member of the house who is also the church’s chief operating officer.The model resolution would have convention call for a special commission appointed by the presiding bishop and the president of the House of Deputies to present, possibly to a special meeting of General Convention before the 78th General Convention in 2015, “a plan to the church for reforming its structures, governance, administration, and staff to facilitate this church’s faithful engagement in Christ’s mission….”One resolution, C057 (available here) from the Diocese of San Diego, would amend Article XII of the church constitution to allow for a constitutional convention that could approve and immediately enact other constitutional changes.The Rev. Michael Russell, a San Diego deputy, said a constitutional convention is needed because the other models “are just going to be an opportunity to recycle the same old things by folks who are already well-embedded in the system.”He suggested, instead, that the church needed a “reboot” so that it can more widely incorporate mission work being done by “people in the pews and at the grassroots.” A constitution convention would be a way “to bring all the issues that we have with the constitutional, the canons, the Book of Common Prayer, all those pieces and get everybody at the table who wants to discuss making change in the church.”The Rev. Morgan Allen, a deputy from Texas and vice chair of the Standing Commission on the Structure of the Church, was on the other end of the spectrum of how to structure a church-wide debate on structure. The structure commission’s combined membership of lay, clergy and bishops makes it “suitably situated to respond to the concerns and energy of this convention to change the way that we order ourselves,” according to Allen.“A special convention, a special council, a special commission is an extra step and while it is being made in the effort to become more nimble, I suggest it will actually impair this process,” Allen said. He added that he is concerned about “semi-spurious change” being proposed through only marginally canonical means and “extra canonical methods being used to effect canonical change.”— The Rev. Mary Frances Schjonberg is an editor/reporter for the Episcopal News Service. Melodie Woerman is a member of the Episcopal News Service team at General Convention. Rector Shreveport, LA Associate Priest for Pastoral Care New York, NY Virtual Episcopal Latino Ministry Competency Course Online Course Aug. 9-13 Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Course Director Jerusalem, Israel Curate Diocese of Nebraska Curate (Associate & Priest-in-Charge) Traverse City, MI In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Rector Hopkinsville, KY Director of Administration & Finance Atlanta, GA Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Rector Smithfield, NC Submit an Event Listing Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Assistant/Associate Priest Scottsdale, AZ Featured Events Rector Martinsville, VA Featured Jobs & Calls Submit a Job Listingcenter_img Rector (FT or PT) Indian River, MI General Convention 2012, Canon for Family Ministry Jackson, MS Rector Belleville, IL Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis New Berrigan Book With Episcopal Roots Cascade Books Rector Washington, DC Cathedral Dean Boise, ID Jeremy Bates says: Missioner for Disaster Resilience Sacramento, CA Rector Tampa, FL Structure Assistant/Associate Rector Washington, DC Family Ministry Coordinator Baton Rouge, LA July 6, 2012 at 5:05 pm Laity beware!Let’s be clear about the two things that seem to be going on here.First, discontented with the results of recent General Conventions, some people are now blaming–of all things–our Church’s democratic form of governance. This is illogical. If my political party loses an election, I don’t call for a constitutional convention. Rather, I try to advocate more clearly for my position, and I also try to listen more carefully to see where I may be wrong.Second, there also seems to be a desire on the part of national church leaders to make our church more biddable, more docile. Whether this is a result of budget concerns, or of a desire to make our church easier to control, is not clear.Delegates must not permit these two groups to buffalo Convention into doing anything drastic. This is especially so when no one seems to be able to agree on the problem.What exactly is the problem with our 200-year-old system of governance? If our system of governance is too expensive, then say so. If our system of governance is too democratic, then say so.But don’t beat around the bush. Phrases like “we need a new structure and a new approach to doing mission in the 21st century” may be built on laudable sentiments, but they are empty of structural meaning. What is wrong, if anything, with the current structure? What change, if any, is really needed? And why? Be specific!Delegates, please be wary of who is proposing structural change, and consider why they might be doing this. Usually a call for structural change that is supported at the top results in–surprise, surprise–more power for the top. TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Priest Associate or Director of Adult Ministries Greenville, SC Associate Rector for Family Ministries Anchorage, AK Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Youth Minister Lorton, VA Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Rector Pittsburgh, PA Rector Bath, NC An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Rector Albany, NY Priest-in-Charge Lebanon, OH Assistant/Associate Rector Morristown, NJ Associate Rector Columbus, GA This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 An Evening with Aliya Cycon Playing the Oud Lancaster, PA (and streaming online) July 3 @ 7 p.m. ET Rector Collierville, TN Rector/Priest in Charge (PT) Lisbon, MElast_img read more

AddRan dean focuses on providing ‘top-notch’ education this semester

AddRan dean focuses on providing ‘top-notch’ education this semester

first_imgAlexandra Preusser Linkedin Director of baseball operations shares her journey into sports Alexandra Preusserhttps://www.tcu360.com/author/alexandra-preusser/ Twitter Previous articleFort Worth votes to increase the police budget, add more unarmed officersNext articleWhat we’re reading: Romney sides with Republicans on Supreme Court vote, tropical storm brings dangerous floods to Texas Alexandra Preusser RELATED ARTICLESMORE FROM AUTHOR Welcome TCU Class of 2025 + posts Alexandra Preusser is a sophomore journalism major and business minor from Wilmington, North Carolina. She has worked with TCU360 as a sports journalist. She is also an intern with the TCU Athletics Communications Department. Facebook Reed Hall is where the physical Writing Center is located. (Heesoo Yang/Staff Photographer) Facebook Drive-thru COVID-19 vaccination site to open Saturday outside of Amon G. Carter Stadium Alexandra Preusserhttps://www.tcu360.com/author/alexandra-preusser/ Twitter Alexandra Preusserhttps://www.tcu360.com/author/alexandra-preusser/ TCU Gives Day raises money for scholarships and department funds TCU places second in the National Student Advertising Competition, the highest in school history Cap and gown shipments delayed, off-color versions handed out for 2020, 2021 graduates ReddIt Alexandra Preusserhttps://www.tcu360.com/author/alexandra-preusser/ Linkedin ReddIt printThis story was updated at 10 a.m. Sept. 23 to include information about AddRan College’s enrollment and degree offerings. The newest dean at TCU is focused on providing a quality education for students and increasing the number of faculty of color. Dr. Sonja S. Watson was hired as the new dean of the AddRan College of Liberal Arts shortly before COVID-19 shut down TCU’s campus last spring. Read Here: AddRan announces new deanAddRan College is one of the largest on campus, with more than 1,700 undergraduate and graduate students as of fall 2019, according to the 2019 Fact Book. The college offers 117 undergraduate, 65 master’s level and 38 doctoral programs. Before the pandemic hit, Watson said she looked to focus on conveying the value of a liberal arts education and enhancing AddRan College’s diversity, equity and inclusion (DEI) efforts in her role as dean. Watson plans on building on AddRan College’s “Make Your Major Work” program, which prepares students to enter the job market and show their marketable skills. In addition, she said she plans to start a leadership program for a cohort of students called AddRan Ambassadors. This program would allow students to serve as ambassadors of the liberal arts at TCU while developing their own leadership skills. Dr. Sonja S. Watson (Photo courtesy of the AddRan College of Liberal Arts)Watson is also planning an initiative to hire more faculty of color as she works on enhancing AddRan College’s DEI. “Further, I will launch two college-wide diversity, equity, and inclusion committees, one for faculty/staff and the other for students, to further incorporate DEI in to AddRan to recruit and retain students and enhance the student perspective,” Watson said. The pandemic and its effect on TCU made Watson add on to her initial goals. “Due to the pandemic, my main priority has been to ensure that students are provided with a top-notch education whether they are taught face-to-face or online,” Watson said.Watson’s official start date was May 29, but she was able to attend the TCU Connected Campus meetings beforehand, helping prepare her for the challenges ahead. Even in the midst of a pandemic, Watson has still had a welcoming start to her new role.“As someone new to TCU, that says a lot about the culture at TCU and the warm environment,” Dr. Waston said. “As a result, I already feel a part of the Horned Frog family.” World Oceans Day shines spotlight on marine plastic pollution last_img read more

Down the pole for posters

Down the pole for posters

first_imgFacebook THE city’s ESB and Eircom poles, and billboard areas, will be not be as festooned with election posters this June, with many candidates for the upcoming local election resolved to face the electorate in the flesh only.However, it has been confirmed that the Labour Party candidates are ready to go their own way.Sign up for the weekly Limerick Post newsletter Sign Up Many councillors contend that the banning of posters would be good for the environment, good for road safety and good for democracy.City manager, Tom Mackey, reminded councillors that the Department of the Environment are to bring in legislation prohibiting posters, and that it is currently seeking locations for a pilot project.“We are under no obligation to participate – we can ignore this,” he said, but when asked if candidates who are not members of the council would have to adhere to requirements, he replied: “it would be up to the city council to introduce by-laws for this”.Fianna Fail has agreed to ban postering and billboards.“It’s our view that posters should be banned – it’s just a form of littering but I’d like to know why we did not get the Department reports that were sent down to City Hall on this.” remarked Kieran O’Hanlon.Mr Mackey said they should check to see if “there was a glitch in sending out the report.”All Fine Gael councillors are united in banning election posters, and a number of Independents, including James Houlihan and Lilly Wallace, share this view.Cllr Pat Kennedy pointed out it had not yet been passed by both Houses of the Oireachtas and on a personal note, Cllr Wallace, recalling the last local election, said she had used one or two very small posters and had been elected, while other candidates, with huge posters had not been successful.All in favour of postering, which, he said, “adds to the razzmatazz of elections, Labour’s Cllr Joe Leddin intervened: “Our posters are all ready to go up any day now”.Calculating that the total cost of posters for all candidates running for election to the city council would run in excess of 100,000 euro, Cllr Diarmuid Scully said: “That obscene amount of money buys nothing but litter and the occasional obstruction of road signs”. Linkedin Advertisement Print NewsLocal NewsDown the pole for postersBy admin – March 26, 2009 517 center_img WhatsApp Previous article‘Terrified’ residents on 24 hour watchNext articleMcGahan’s team to face Glasgow admin Twitter Emaillast_img read more

Limerick coffee morning to honour a tireless supporter

Limerick coffee morning to honour a tireless supporter

first_imgWalk in Covid testing available in Limerick from Saturday 10th April Advertisement Linkedin NewsLimerick coffee morning to honour a tireless supporterBy Staff Reporter – July 2, 2013 647 TAGSCARIfeatured Twitter Shannondoc operating but only by appointment First Irish death from Coronavirus Email Surgeries and clinic cancellations extendedcenter_img Print Facebook Live95 CARI’s on Helping Limerick Children No vaccines in Limerick yet RELATED ARTICLESMORE FROM AUTHOR CARI, the support group for children who have suffered sexual abuse, will hold a coffee morning on Friday July 5 in memory of Limerick woman Anne Byrnes who was one of its most ardent supporters.Sign up for the weekly Limerick Post newsletter Sign Up Until her death last September, Anne Byrnes was the face of CARI in Limerick and had dedicated much of her life helping the children who attended the local support centre. Her colleagues have created a remembrance space in the garden at the centre in her memory.This is an opportunity for Anne’s family, friends and work colleagues to come together to remember her and to acknowledge the enormous contribution she made to CARI and how she impacted on all their lives.Acting National Clinical Director Majella Ryan said “Anne was thoughtful and kind. She was always optimistic and enthusiastic – in particular regarding the work of CARI. Anne fought her illness bravely. Her tireless work ethic, positive attitude and sense of humour are greatly missed. She fundraised tirelessly, even from her bed at Milford Hospice. When we would bring her out in her wheelchair, she would talk to the doctors, nurses, other patients and their families about CARI and ask for their support.” Previous articleDromcollogher 4mile raceNext articleLimerick pride of place nominations Staff Reporterhttp://www.limerickpost.ie WhatsApplast_img read more

Coffins no longer necessary for burial

Coffins no longer necessary for burial

first_img WhatsApp Gardai continue to investigate Kilmacrennan fire RELATED ARTICLESMORE FROM AUTHOR By News Highland – May 8, 2013 Facebook Pinterest Google+ Further drop in people receiving PUP in Donegal Main Evening News, Sport and Obituaries Tuesday May 25th Facebook The burial of bodies not enclosed in coffins will be permitted from next month.The decision is included in changes to graveyard regulations – announced by the Environment Minister Phil Hogan.Under the new rules bodies can be buried without the use of coffins in designated areas of graveyards from June 1st.It has been illegal to do so for over 120 years.The provision can be overruled by officials in cases where there is deemed to be a health or environmental risk.The change to the rule comes after concerns were expressed recently by members of the Muslim community regarding their traditional burial rituals.Jonathan Stafford is managing director of Stafford’s Funeral homes.”The way I’d see it is it’s cleaning up some…old laws – Victorian laws, common laws – and the State is obviously protecting itself in the sense that it’s allowing cemeteries bury people without a coffin, it’s as simple as that” he added. 75 positive cases of Covid confirmed in North center_img WhatsApp Previous articleKenny says arguments over the economy should stopNext articleSurvey show benefits of shopping around for car insurance News Highland Google+ Man arrested on suspicion of drugs and criminal property offences in Derry Twitter 365 additional cases of Covid-19 in Republic Twitter Coffins no longer necessary for burial Pinterest Newslast_img read more

Oireachtas members to meet with Letterkenny Town Council as retention campaign intensifies

Oireachtas members to meet with Letterkenny Town Council as retention campaign intensifies

first_img Facebook Oireachtas members to meet with Letterkenny Town Council as retention campaign intensifies RELATED ARTICLESMORE FROM AUTHOR Twitter The campaign to retain the town council structure will step up a gear next Monday when Letterkenny Town Council meeting with Donegal’s Oireachtas members to make its case for its survival.Members have been seeking such a meeting for some time, with just nine months to go before next year’s local elections.Mayor Cllr Pascal Blake says the council will be asking the county’s TDs and senators to bring a very clear message back to Minister Phil Hogan, and they are hopeful they can succeed…………..[podcast]http://www.highlandradio.com/wp-content/uploads/2013/09/pascaloireachtasmeet.mp3[/podcast] Google+ Pinterest WhatsApp Facebook Previous article40% increase in Donegal lifeboat calloutsNext articleMan jailed for Derry church break ins News Highland Main Evening News, Sport and Obituaries Tuesday May 25th Twittercenter_img By News Highland – September 24, 2013 Pinterest Google+ Man arrested on suspicion of drugs and criminal property offences in Derry 365 additional cases of Covid-19 in Republic Further drop in people receiving PUP in Donegal News 75 positive cases of Covid confirmed in North WhatsApp Gardai continue to investigate Kilmacrennan firelast_img read more

Partner Cannot Claim Experience Of Erstwhile Firm In Independent Capacity: Punjab and Haryana High Court

Partner Cannot Claim Experience Of Erstwhile Firm In Independent Capacity: Punjab and Haryana High Court

first_imgNews UpdatesPartner Cannot Claim Experience Of Erstwhile Firm In Independent Capacity: Punjab and Haryana High Court Bhavyata Kapoor20 March 2021 7:04 AMShare This – xIn a landmark judgment on partnership law and the scope of judicial review in tender matters, a Division Bench comprising Chief Justice R.S. Jha and Justice Arun Palli while deciding CWP-20130/2020, held that a person who was earlier a partner of an erstwhile partnership firm could not claim the benefit of experience certificates issued in the name of such firm for satisfying…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?LoginIn a landmark judgment on partnership law and the scope of judicial review in tender matters, a Division Bench comprising Chief Justice R.S. Jha and Justice Arun Palli while deciding CWP-20130/2020, held that a person who was earlier a partner of an erstwhile partnership firm could not claim the benefit of experience certificates issued in the name of such firm for satisfying the eligibility criteria of a tender he applies for in his independent capacity. The judgment was authored by Justice Arun Palli and was pronounced on 10th February 2021. The case appears to have finally put to rest the quandary surrounding computation of experience in tender matters. Facts The petitioner, M/s A.G. Construction Co., was a sole proprietorship concern of one Ajay Kumar Garg, who was earlier one of the three partners in M/s B.G. Constructions Co. (erstwhile partnership firm), and held 50% share, whereas, the other two partners held 25% share each. On the dissolution of the firm, it was agreed among the three partners that they were free to set up their new ventures and could also use the technical and financial credentials of the firm corresponding to their respective shares. The respondent authorities, in August, 2020, invited E-tenders for some construction work. The eligibility criteria entailed that the tenderer must have satisfactorily completed, during the last five years, at least, Three Multi Storey RCC Framed Structure Government Office Building/Institute Building works costing not less than the amount equal to 40% of the estimated cost (Rs.3,95,47,577/-) of the tender; or Two Multi Storey RCC Framed Structure Government Office Building/Institute Building works costing not less than the amount equal to 60% of the estimated cost of the tender; or One Multi Storey RCC Framed Structure Government Office Building/Institute Building work of aggregate cost not less than the amount equal to 80% of the estimated cost put to tender. The petitioner’s bid was rejected during technical evaluation and the petitioner claimed that such rejection was not appended with any reasons. Instead, Ajay Kumar Garg, the sole proprietor of the petitioner concern, was orally informed, that his prior work experience acquired in the capacity of a partner of M/s B.G. Constructions Co., Bathinda, could not be reckoned as his experience or that of his sole proprietorship concern. Therefore, petitioner approached the High Court in 2020. Arguments Counsel for the petitioner argued that firstly, his experience was in compliance with the conditions of the tender as the experience was not necessarily supposed to be in the name of the petitioner; what was material was that the petitioner concern’s sole proprietor had the experience in reality. The petitioner sought to buttress this argument citing M/s New Horizons Limited v. Union of India, 1995 (1) SCC 478, Samruddha Buildcon Pvt. Ltd. v. Indore Development Authority, (CWP No. 4448 of 2015, MP HC) and P.K. Delicacies Pvt. Ltd. v. Union of India, 2005 (13) RCR (Civil) 491. Secondly, the counsel argued that during its working, M/s B.G. Constructions Co. had executed a work valuing Rs. 852 lakhs and that due to Ajay Kumar Garg’s 50% stake in the firm, he had acquired 50% experience, i.e., valued at Rs. 426 lakhs (852/2) or Rs. 4.26 crores which was much more than what was required in the tender (3.95 crores). So, if not the whole of the experience acquired while being a partner of the erstwhile firm M/s B.G. Constructions Co., the petitioner should be held to be entitled at least to 50% of such experience in proportion to his share in the firm. Per contra, the learned counsel for respondent argued that the petition should be dismissed as there was no foul-play on part of the authority and that the petitioner’s bid was rejected due to the non-compliance with the ‘requisite experience’ condition. The experience acquired by Ajay Kumar Garg while being a partner of M/s B.G. Constructions Co. could not be termed as his experience in his independent capacity. Issues The Court answered two issues in the case: (1) whether the experience gained/acquired by M/s B.G. Constructions Co. (erstwhile partnership firm), could be construed as experience of Ajay Kumar Garg, who happened to be one of the three partners in the firm, in his individual/independent capacity; (2) could he claim the work experience of the erstwhile firm at least in proportion to the share he held in such firm? Issue (1): Nature of Partnership Firm’s Experience Answering the issue in a negative, the Court held: “Quite naturally, the experience certificate…certifies the performance, capacity and capabilities of the firm (M/s B.G. Constructions Co.), that had executed the project and not of any partner individually. It is true that from the same subject of experience, more than one can gain experience, however, that must not by itself evince the conclusion that each person gaining ‘experience’ (limited to their contribution) in the output jointly created by them, is entitled to the benefit of the output in its entirety. Though, the so called experience of a firm, in reality, is nothing but the experience of the partners who compose it, such experience of a firm is not in its entirety attributable to each individual partner, but attributable only to the collective effort of all partners concerned. The benefit of the experience of a firm understood as an inextricably synthesised synergism of the individual efforts of all partners cannot therefore, be extended to a single partner in his individual capacity merely because he might have been actively involved in producing the jointly created final output. Therefore, given the nature of experience, it could have been identifiable, and could be quantified (quantitatively and/or qualitatively) only if it was claimed by the firm itself or its partners jointly.” The Court further held: “Ordinarily, in the case of a partnership, the arrangements of the partners inter se, related to running the business/affairs of the firm, division of work, assignment of specific operations to a particular partner, skill, knowledge and experience possessed by the other and extent of its usage and benefit to the firm are opaque to an outsider looking inwards. Similarly, it is not unusual that every partner does not necessarily attend to the day to day business of the firm. Even a partner who possesses the requisite experience might not have ever participated in the management or affairs of the firm, for he may only be an investment partner…For the characteristic features herein are opacity and uncertainty as to the innards of the firm’s workings, coercing a tender inviting authority to blindly treat experience in the name of an erstwhile partnership firm as the experience of the partner in his individual capacity, in our view, would militate against every judicious consideration that animates an NIT.” Erstwhile Firm – A Third Party to the Tender Process Another reason for why experience certificate in the name of the erstwhile firm M/s B.G. Constructions Co. could not be considered as the experience of Ajay Kumar Garg or his sole proprietorship concern, was the law laid down by a three-judge bench of the Supreme Court in Municipal Corporation, Ujjain v. BVG India Ltd. (2018) 5 SCC 462. In that case, the tenderer (BVG India Limited) had submitted a tender independently, without any partners, consortium or joint venture. The tenderer then, sought to rely upon an experience certificate of BVG Kshitij Waste Management Services Private Limited. The SC held: “In other words, BVG India Limited submitted the bid on its own unaccompanied by any of the consortium member. Despite the same, BVG India Limited (respondent no.1) furnished the experience certificate of BVG Kshitij Waste Management Services Private Limited. No information whatsoever was given of the relationship/linkage of BVG Kshitij and respondent no.1 – BVG India Limited. Therefore, reliance placed by the respondent no.1 on the purported experience certificate issued in the name of BVG Kshitij Waste Management Services Pvt. Limited would not come to the help of the respondent no.1 to show its work experience…Since respondent no.1 has categorically mentioned in its bid under the column “basic information about tenderer” that no other company (either joint venture or consortium) is involved with BVG India Limited, respondent no.1 – BVG India Limited could not have relied upon the purported experience certificate issued in the name of BVG Kshitij Waste Management Services Pvt. Ltd.” Comparing the reasoning of the SC in Municipal Corporation, Ujjain v. BVG India Ltd., to the facts of the instant case, Justice Palli wrote: “Similarly, even in the instant case, the petitioner sole proprietorship concern having applied for the tender independently, sought to rely on an experience certificate (P-13) issued to a third party (i.e., M/s B.G. Constructions Co.). Further, the relationship/linkage of Ajay Kumar Garg (proprietor of the petitioner concern) with such third party (erstwhile firm) does not engender any benefit to the petitioner concern for reasons already recorded in the preceding paragraphs. Therefore, the petitioner herein having applied independently without any partners, consortium or joint venture, cannot rely upon the technical qualifications of a third party (erstwhile firm) to claim eligibility. In this respect, the position of law emerging from Municipal Corporation, Ujjain (supra) is that as long as a person or entity cannot in law, validly claim experience that exists in the name of a third-party, that third-party remains a stranger to the subject tender.” sue (2): Validity of the 50% Division of Experience Argument The Court after quoting the general definition of ‘experience’ from Black’s Law Dictionary, held: “That general understanding of the term however changes semantic shades with reference to the specific disciplinary or factual context it is employed in. In the fields of trade & commerce, business & contracts, applied technology and the like, experience would mean a special skill or knowledge possessed by a person in a particular discipline of science, technology, profession or business by reason of distinctive study, practical acquaintance and involvement relevant to the disciplinary or factual context in question. For instance, in case of a notification inviting tenders aimed at screening experience for a construction project, a capital investor, though experienced for his professional fief may not be deemed to have the experience of previously constructing a building merely because he bankrolled the venture.” Answering even this issue negatively, the Court relied on the Bombay HC’s decision in Atasha Ashirwad Builders (J.V.) Nagpur v. State of Mahrashtra & Ors., (2010) 15 RCR (Civil) 377, to hold: “Evidently, the financial stakes or share held by a partner per se has no nexus with the experience he is required to possess in terms of the tender conditions.” The Court said that accepting the 50% division of experience argument would tantamount to likening ‘experience’ to a commodity that could be acquired for consideration. Highlighting the speciousness of the petitioner’s argument further, the Court said: “Even otherwise, the argument that is sought to be advanced not only defies logic, but is also self defeating. For, if that is accepted and cost of the project executed by the firm, is reduced in proportion to his share (50%), then, as a necessary consequence, not only the work/project but even the experience that stems from its execution loses its character and conclusivity, for that too would be reduced proportionately. Whereas, in terms of the eligibility criteria, the tenderer ought to have satisfactorily executed one specified work valuing not less than 80% of the estimated cost of the subject tender. Moreover, as indicated earlier, the experience gained by the erstwhile firm was acquired owing to combined, collective and integrated labour and resources of its partners, and hence, was so inseparably interwoven that it was neither divisible nor could it be apportioned amongst its partners. Unlike a joint holding where a co-sharer has a right to seek partition of his defined share.” Applicability of New Horizons Ltd. v. UOI The Court painstakingly evaluated the applicability of the Supreme Court’s judgment in New Horizons Case and came to the conclusion that it was distinguishable and had no bearing on the matter at hand. In the New Horizons Case, the tenderer was a joint venture composed of five entities. The question was whether experience of these five entities could be counted as the experience of the joint venture. It was in response to that question that the SC held that experience in the name of such entities could be considered as the experience of the tenderer joint venture, since at the end of the day, the entities making up the joint venture were to perform the work. In this connection, Justice Palli held: “Whereas, the issue in the matter at hand is distinctly different: for in the present case, concededly, neither the petitioner nor its sole proprietor had the necessary experience in its/his own name. Further, in the instant case, the petitioner’s sole proprietor as an erstwhile partner of M/s B.G. Constructions Co. cannot validly claim the benefit of experience in the name of such erstwhile firm for reasons already recorded. Hence, the question herein is not whether Ajay Kumar Garg’s experience acquired in his individual capacity can enure to the benefit of the petitioner sole proprietorship concern; instead, the point at issue is whether Ajay Kumar Garg (and by implication the petitioner sole proprietorship concern) can claim experience in the name of his erstwhile firm, i.e., M/s B.G. Constructions Co. in the first place. In other words, if Ajay Kumar Garg undoubtedly possessed requisite experience in his independent capacity in terms of the eligibility criteria, needless to say, the authorities would’ve been bound to reckon it as the experience of the petitioner sole proprietorship concern, but, as highlighted hitherto, that is not the matter in issue presently. Therefore, there is nothing materially analogical in New Horizons Limited (supra) that could effectively undergird the petitioner’s claim.” Yet, there was one observation in the New Horizons Case, that was capable of creating some confusion to the case’s applicability to the facts before the P&H HC: “Conversely there may be a split in a company and persons looking after a particular field of the business of the company form a new company after leaving it. The new company, though having persons with experience in the field, has no experience in its name while the original company having experience in its name lacks persons with experience. The requirement regarding experience does not mean that the offer of the original company must be considered because it has experience in its name though it does not have experienced persons with it and ignore the offer of the new company because it does not have experience in its name though it has persons having experience in the field.” Conscious of this observation, Justice Palli wrote: “In fact, upon an analysis of the decision in New Horizons Limited (supra), we are rather of the opinion that our view finds resonance and support in few of the observations emphasized by us, while extracting relevant paragraphs of the judgment. For instance, in each of the illustrations described by the Supreme Court, an individual or an entity possessed the requisite tangible experience in its individual capacity, which was quantifiable (qualitatively and/or quantitatively), and with which it could merge itself in another company or enter into a partnership with a firm which lacked the necessary experience. Since the fact that such individual or entity actually had the experience was incontrovertible in these illustrations, the Supreme Court remarked on how absurd it was to discount such experience just because the re-organized company or the firm which had submitted the bid did not have that experience in its name.” This was not the scenario in the instant case. Given the inextricable nature of the erstwhile firm’s experience, and the opacity/uncertainty as to the innards of the firm’s workings, it could not be incontrovertibly said that Ajay Kumar Garg could claim the experience in question. In this case therefore, Ajay Kumar Garg was not entitled to the experience in the name of his erstwhile firm, least in proportion to his share. In saying so, the P&H HC was not assuming that Ajay Kumar Garg had not put in any effort in creating experience of his erstwhile firm, but merely pointing out that the work done by him was not quantifiably divisible owing to its nature described in detail under Issue (1). Scope of Judicial Review in Tender Matters Relying on a concatenation of Supreme Court judgments – Ramana Dayaram Shetty v. International Airport Authority of India, (1979) 3 SCC 489; Central Coalfields Ltd. v. SLL-SML (Joint Venture Consortium) (2016) 8 SCC 622; Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corporation Ltd., (2016) 16 SCC 818; Montecarlo Ltd. v. NTPC Ltd., 2016 (15) SCC 272; State of Madhya Pradesh v. U.P. State Bridge Corporation Ltd. And another, 2020 (13) SCALE 774 – the Court stated that the employer/person who has authored the tender was generally the best person to judge, interpret and appreciate the requirements of its documents. The scope of judicial review in such matters was therefore, limited to examining the decision for arbitrariness, mala fides, irrationality or perversity. Possible Exception to the ‘Inextricably Synthesized Synergism’ Test? The reasoning of the P&H HC has effectively laid down a useful rule to determine in every case, whether one partner could validly lay a claim to his firm’s experience created jointly by the efforts of all. But, this does not mean that partners of a firm can never claim experience in the name of their firm merely because it does not exist in their name. The logic of the P&H HC is extremely nuanced in the sense that it does not allow a person to be a casualty of being a member of a partnership firm if the person has executed all the work without any help from his partners; in such a case, the problem of quantifiable divisibility would not arise since the benefit of the entire experience for the project handled by the partner could enure to his benefit. Accordingly, the Court seems to have left a clue for future cases in the following words: “But, we must pause for a moment to point out that we are not unmindful of a situation, which, perhaps, could be viewed differently subject, of course, to its circumstantial landscape and the specific terms/conditions of the tender enquiry, where a partner is able to conclusively show by producing tangible material that he was the one tasked in his individual/independent capacity with looking after the project he claims experience for and that in doing so, he acquired/gained that experience which is germane to the tender’s requirement.”Click Hear To Download/Read OrderViews are PersonalThe Author Is a Lawyer practising at the Punjab & Haryana High CourtNext Storylast_img read more

New Greenway at Blue Banks gets go ahead

New Greenway at Blue Banks gets go ahead

first_img Google+ Journey home will be easier – Paul Hegarty DL Debate – 24/05/21 Facebook WhatsApp News, Sport and Obituaries on Monday May 24th Pinterest Twitter WhatsApp Pinterest Facebook Derry draw with Pats: Higgins & Thomson Reaction center_img Twitter New Greenway at Blue Banks gets go ahead AudioHomepage BannerNews By News Highland – May 12, 2018 Transport Infrastructure Ireland has confirmed funding for a new dedicated greenway from Coolboy to Illistrin.The funding will provide for the extension of a new cycleway and footpath along the €20 million Blue Banks to Kilmacrennan road project.Discussions are to take place between Donegal County Council and Transport Infrastructure Ireland on finalising design and funding for the new cycle path.Government Chief Whip Minister Joe McHugh has been welcoming the funding:Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2018/05/mchufgffgfgfghweb.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Harps come back to win in Waterford RELATED ARTICLESMORE FROM AUTHOR Google+ Previous articleNumber on outpatient waiting lists reaches record highNext articleAn Post welcome start of new, revitalised, post-office network News Highland FT Report: Derry City 2 St Pats 2 last_img read more