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HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.10404 of 2013 dated:5-7-2013 Balaji Transport,Represented by its Managing PartnerV. Mallikarjuna Rao, Tadepalligudem, West Godavari District and another... Petitioners The State of Andhra Pradesh,Represented by its Principal Secretary,Civil Supplies Department, Secretariat,Hyderabad and others ... Respondents Counsel for petitioners : Sri S. Ramachandra Rao, Senior Counsel for Sri K.R. Prabhakar Counsel for respondent No.1 : -- Counsel for respondent Nos.2 & 3 : Sri A. Ravinder Reddy, Standing Counsel Counsel for respondent No.4 : -- Counsel for respondent No.5 : Sri A. Ravi Shankar Counsel for respondent Nos.7 & 8 : Sri N. Siva Reddy <GIST: >HEAD NOTE: ?CASES REFERRED: 1. 1993(1) SCC 478 2. 1999(5) ALT 47 3. 2008(1) ALT 715 4. 2013(1) ALT 412 5. (1994) 3 SCC 1 6. (2007(2) SCC 1 7. 1959 Supp.(1) SCR 528 8. 1973(4) SCC 225 9. 1996(11) SCC 39 10. 2005(3) ALT 252 (FB) 11. 2012(3) SCC 619 12. 1984(3) SCC 161 13. 2005(4) SCC 120 14. 1989(2) SCC 691 15. (2012) 8 SCC 216 16. 2007(14) SCC 517 17. (2013) 1 SCC 524 18. (1974) 4 SCC 3 19. 1979(3) SCC 165 20. (2005) 7 SCC 764 21. (1976) 1 SCC 800 22. (1986) 4 SCC 566 23. (2010) 4 SCC 192 24. (1993) 1 SCC 445 25. (1994) 6 SCC 651 26. (1999 1 SCC 492 27. 2002(2) SCC 617 28. 2005(1) SCC 679 29. (2006) 11 SCC 548 30. (2007) 14 SCC 517 31. 1986 (Supp.) SCC 285 32. AIR 1998 S.C. 795 HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.10404 of 2013 Date : 5-7-2013 Between: Balaji Transport, Represented by its Managing Partner V. Mallikarjuna Rao, Tadepalligudem, West Godavari District and another .. Petitioners and The State of Andhra Pradesh, Represented by its Principal Secretary, Civil Supplies Department, Secretariat, Hyderabad and others .. Respondents Counsel for petitioners : Sri S. Ramachandra Rao, Senior Counsel for Sri K.R. Prabhakar Counsel for respondent No.1 : -- Counsel for respondent Nos.2 & 3 : Sri A. Ravinder Reddy, Standing Counsel Counsel for respondent No.4 : -- Counsel for respondent No.5 : Sri A. Ravi Shankar Counsel for respondent Nos.7 & 8 : Sri N. Siva Reddy The Court made the following: JUDGMENT:
The petitioners, whose tenders were rejected following technical evaluation, approached this Court by way of the present Writ Petition with two fold grievance, namely, (i) that their tenders were unauthorisedly and illegally disqualified and (ii) that respondent No.2 has mala fide withdrawn tender notification dated 20-2-2013 (for short "the first notification") and issued a fresh notification dated 15-3-2013 (for short "the second notification") with a view to help respondent Nos.4 to 8 to become eligible for participating in the tender process.
The brief facts leading to the filing of this Writ Petition are stated hereunder:
Respondent No.2, the A.P. State Civil Supplies Corporation Limited, issued the first notification inviting tenders for undertaking work relating to transportation of Palmolien oil pouches in cartons from Kakinada (East Godavari District) and Krishnapatnam (SPSR Nellore District) Ports to various Mandal Level Stock (MLS) Points in the Districts under various zones for the year 2013-
14. As per the tender schedule, the last date and time for receipt of bids was 11-3-2013 at 5 p.m., the technical tender opening date was 12-3-2013 at 11 a.m. and commercial tender opening was fixed for 12-3-2013 at 3.30 p.m. On the date fixed for opening of technical tenders and commercial tenders i.e., 12-3-2013, the Managing Director of respondent No.2-Corporation issued a corrigendum cancelling the first notification. Three days later i.e., on 15-3-2013, respondent No.2-Corporation has issued the second notification. The petitioners have participated in the tender process under both the tender notifications. As per schedule of the second notification, 1-4-2013 was fixed for opening of technical and commercial tenders. On opening the tenders, respondent No.2- Corporation has disqualified both the petitioners on the ground that they do not satisfy Clause 3.2(f) of Instructions to Tenderers, A-General, of the Notice Inviting Tenders (NIT) which prescribed minimum annual turnover of Rs.3 crores for the tenderers.
Respondent Nos.4 to 8, who have filed tenders in response to the second notification, have been technically qualified. Before a decision on the acceptance of the tenders was taken by respondent No.2-Corporation, the petitioners approached this Court by way of the present Writ Petition. By order dated 4-4-2013, this Court has directed respondent Nos.2 and 3 not to finalise the contract in pursuance of the second notification.
Counter-affidavits have been filed on behalf of the official and the private respondents.
I have heard Sri S. Ramachandra Rao, learned Senior Counsel for the petitioners, Sri A. Ravinder Reddy, learned Standing Counsel for the A.P. State Civil Supplies Corporation Limited-respondent No.2 and Sri A. Ravi Shankar, learned counsel for respondent No.5 and Sri N. Siva Reddy, learned counsel appearing for respondent Nos.7 and 8.
The learned Senior Counsel for the petitioners made the following submissions:
(i) That respondent No.2 has acted arbitrarily in disqualifying the petitioners' tenders on the purported ground of their not satisfying the requirement of the annual minimum turnover of Rs.3 crores; that though the petitioners, which are partnership firms have not achieved the turnover in their names, their partners satisfied the turnover requirement and that the decision of respondent No.2 is contrary to the settled legal position in New Horizons Ltd., Vs. Union of India1, S. Kireetendranath Reddy Vs. A.P. Transco2, M.V.V. Satyanarayana Vs. Engineer-In-Chief3 and PBR Select Infra Projects Vs. Commissioner of Tenders4.
(ii) That the action of the official respondents in withdrawing the first notification is mala fide, in that, respondent No.2 intended to confer undue favour on respondent Nos.4 to 8, who were disqualified under the first notification as they were Stage-1 contractors by withdrawing the said notification and issuing the second notification by removing the bar on participation of Stage-1 contractors in the tender process. Reliance is placed on New Horizons Ltd. (1-supra), S.R. Bommai Vs. Union of India5, I.R. Coelho Vs. State of Tamil Nadu6, Basheshar Nath Vs. Commissioner of Income-Tax7, Kesavananda Bharati Vs. State of Kerala8, Shree Mahavir Oil Mills Vs. State of Jammu & Kashmir9, Md. Abdul Azeez Asad Vs. State of A.P.10, Manohar Joshi Vs. State of Maharashtra11, Bandhua Mukti Morcha Vs. Union of India12, Commissioner of Endowments Vs. Vittal Rao13, and Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust Vs. V.R. Rudani14. Opposing the above submissions, Sri A. Ravinder Reddy, learned Standing Counsel for respondent No.2, made the following submissions:
(i) That the decision taken by respondent No.2 disqualifying the petitioners, does not suffer from any arbitrariness or mala fides. He further stated that the first notification was withdrawn in view of the changed circumstances, namely, rearrangement of the Zones and with a view to facilitate timely dispatches of Palmolien Oil to the MLS points. He further submitted that the petitioners failed to lay any foundation for mala fides and that the plea of mala fides is liable to be thrown out as vague and unsubstantiated as the petitioners failed to implead the officials concerned as parties to the Writ Petition;
(ii) that respondent No.2 having taken the decision to withdraw the first notification, issued the second notification in the best interests of the Corporation and hence interference by this Court with such a decision is not called for; and
(iii) that having participated in the second tender process, the petitioners waived their right to question the tender conditions. In support of his submissions, he has relied upon the Judgments in Michigan Rubber (India) Ltd. Vs. State of Karnataka15 Jagadish Mandal Vs. State of Orissa16, and Ratnagiri Gas and Power Pvt. Ltd. Vs. RDS Projects Ltd.17.
Sri N. Siva Reddy, learned counsel for respondent Nos.7 and 8, supplemented the submissions of Sri A. Ravinder Reddy. Sri A. Ravi Shankar, learned counsel for respondent No.5, has adopted the arguments of both the learned counsel.
Having regard to the respective pleadings of the parties, the following Points arise for consideration:
1. Whether the decision of respondent No.2-Corporation to disqualify the petitioners' tenders is legal and proper?
2. Whether the decision of respondent No.2-Corporation in withdrawing the first notification and issuing the second notification by removing the bar of participation of Stage-I contractors in the tender process is arbitrary and vitiated by mala fides? and
3. Whether the petitioners waived their right to question the tender conditions? Re Point No.1: Clause 3 of the NIT deals with the qualification requirements of the tenderers. Clause 3.2 thereof, which is relevant for the present purpose, reads as under:
The tenderer shall furnish the following particulars in the formats provided online and supported documentary evidence shall be uploaded.
(a) Attested copies of documents relating to the Registration in case of a firm.
(b) Partnership deed should be in existence for minimum three years.
(c) Articles of Association.
(d) Latest Income Tax Clearance certificate/latest IT return and PAN number from IT Department for the last three years.
(e) Affidavit in prescribed format.
(f) Minimum turnover should be 3(three) crores per year. (Emphasis added) The phrase "tenderer" in the above reproduced Clause is material in judging the qualification requirements of the tenderers. Undisputedly, the petitioners are partnership firms which have no legal entity, for, a partnership is a compendium of partners. In New Horizons (1-supra), a similar tender condition fell for consideration of the Supreme Court. While rejecting the contention that the firm in its name does not have the experience, the Supreme Court observed at para-23 as under:
"Even if it be assumed that the requirement regarding experience as set out in the advertisement dated April 22, 1993 inviting tenders is a condition about eligibility for consideration of the tender, though we find no basis for the same, the said requirement regarding experience cannot be construed to mean that the said experience should be of the tenderer in his name only. It is possible to visualize a situation where a person having past experience has entered into a partnership and the tender has been submitted in the name of the partnership firm which may not have any past experience in its own name. That does not mean that the earlier experience of one of the partners of the firm cannot be taken into consideration...."
In S. Kireetendranath Reddy (2-supra), this Court has considered an identical case where the A.P. TRANSCO declined to consider the minimum annual financial turnover of the partners of the firm. In para-18 of the Judgment, this Court held as under:
"It is well settled that a firm is not a legal entity, but is only a collective or compendious name for all partners. It is neither a legal entity nor a person. A firm has no legal existence apart from its partners. A firm name is really a description of the individuals who compose it. The essential characteristic of a firm is that each partner is a representative of the other partners. Each of the partners is an agent and a principal. He is an agent in so far as he can bind the other partners by his acts within the scope of the partnership business and he is principal to the extent that he is bound by the acts of the other partners. The liabilities of the firm can be enforced against each of the partners personally."
While following the Judgment in New Horizon's case (1-supra), the learned Judge has held at paras 24, 25 and 32, as under :
"An examination of the above propositions of law and the authorities clearly goes to show that a partner when he acts in all matters which are within the scope and objects of the partnership, he steps into the shoes of the firm, which is a personified person but not a legal person in popular language, and binds all other partners, who compose it by his acts.
Since a firm does not have its own distinct and separate personality apart from the personality of partners who compose it, no experience can be attributed to it in law, and the so called personified experience of a firm, in reality, is nothing but the experience of the partners who compose it. ...
Therefore, we find a clear ratio in the judgment of the Supreme Court delivered in the NHL's case (supra) that the experience of a constituent of a legal person like an incorporated company or even that of a partner of a firm should be taken to be the experience of the company or the firm, as the case may be, for the purpose of consideration of the tenders, and what is material is whether the applicant for award of the contract has persons with experience and not the name which the applicant bears...."
In M.V.V. Satyanarayana Vs. Engineer in Chief (3-supra), I had an occasion to deal with a similar situation where the balance sheet filed by the individual partners was not considered to the firm's credit. In paragraph-24, I have made the following observations:
"When a firm is represented by its partner, there is nothing in law which separates him from the firm which he represents, as the firm has no legal entity. In this perspective the name which does not spell any magic is not so much material, but it is the composition of the firm which is material for, the partner of a firm steps into the shoes of the firm."
In P.B.R. Select Infra Projects (4-supra), I had another occasion to deal with a similar question. I have reiterated the settled legal position at para-7 as under:
"...The law is well settled that a partnership firm has no separate legal existence as the firm is nothing but a compendium of its partners. In S. Kireetendranath Reddy Vs. A.P. Transco-1999 (5) ALT 47, this Court has extensively dealt with the status of a partnership firm in law vis-a-vis its partners and held that a firm is neither a legal entity nor a person; that it has no legal existence apart from its partners; that a firm's name is merely a description of the individuals who composed it; that the essential characteristic of a firm is that each partner is a representative of the other partners; and that each of the partners is an agent and a principal. On a thorough analysis of the provisions of the Indian Partnership Act, 1932 (for short "the Partnership Act") with reference to the decided case law, this Court has nullified the action of the A.P. Transco in that case in disqualifying the petitioner therein by not taking into consideration the experience of the firm as his experience as a partner therein."
It is not in dispute that if the turnover of the partners of the petitioners' firms is considered, the requirement under Clause 3.2(f) of the NIT stands satisfied. Indeed, interestingly, in para-15 of the counter-affidavit, respondent No.2, which has admitted that in respect of transport contracts relating to red-gram and chilly powder, it has considered the turnover of the partners while considering the tenders filed in the name of the partnership firms, sought to distinguish between the two contracts on the ground that the present contract pertains to high quality Palmolien oil and therefore the two contracts cannot be equated. In my opinion, this distinction has no legal basis as the legal position does not vary with the value or importance of a contract. The position of a firm in a contract pertaining to red-gram and chilly powder will be the same in a contract relating to Palmolien oil, or any other commodity, for that matter. After initial resistance, Sri A. Ravinder Reddy, learned Standing Counsel, has finally given-in by fairly conceding that in view of the well settled legal position, respondent No.2 has committed a serious legal error in not considering the turnover of the petitioners' as that of the petitioners.
As noted hereinbefore, if the partners' turnovers are considered, the petitioners satisfied Clause 3.2(f) of the NIT. The decision of respondent No.2-Corporation, to this extent, cannot, therefore be sustained in law. This Point is accordingly answered in favour of the petitioners. Re Point No.2: The scope of the contract in question involves transportation of Palmolien oil pouches in cartons from the Kakinada and Krishnapatnam Ports to various MLS points. For this purpose, the State is divided into different Zones. In the first notification, the Districts were assigned to different Zones, which were apportioned between the Kakinada and Krishnapatnam Ports, in the following manner:
District Zone Port Srikakulam, Vizianagaram and Visakhapatnam I Kakinada East Godavari, West Godavari and Khammam II Kakinada Krishna, Guntur and Prakasam III Kakinada Adilabad, Karimnagar and Nizamabad VI Kakinada Nalgonda, Mahaboobnagar and Warangal VII Kakinada Medak, Ranga Reddy and Hyderabad VIII Kakinada Nellore, Chittoor and Kadapa IV Krishnapatnam Kurnool and Anantapur V Krishnapatnam It is discernible from the above Table that 6 Zones and 18 Districts were entrusted to the Kakinada Port and 2 Zones and 5 Districts were entrusted to the Krishnapatnam Port. In the second notification, the Zones and the Districts have been substantially revised. The revised Zones and apportionment of these Zones between the two Ports can be seen in the following Table: District Zone Port Srikakulam, Vizianagaram and Visakhapatnam I Kakinada East Godavari, West Godavari, Krishna and Khammam II Kakinada Nizamabad, Adilabad, Warangal and Karimnagar VI Kakinada Prakasam and Guntur III Krishnapatnam Nellore, Chittoor and Kadapa IV Krishnapatnam Anantapur and Kurnool V Krishnapatnam Nalgonda and Mahaboobnagar VI Krishnapatnam Ranga Reddy, Hyderabad and Medak VIII Krishnapatnam From the above reproduced revised arrangement, it can be seen that only 3 Zones with 11 Districts were entrusted to the Kakinada Port while 5 Zones with 12 Districts were entrusted to the Krishnapatnam Port. It is in this context that the contents of the counter-affidavit of the respondent Nos.2 and 3, need to be considered. While refuting the allegation that the first notification was withdrawn and the second notification was issued by deleting the bar on Stage-I contractors with a view to favour them with the award of contracts, it is specifically averred in the counter-affidavit that keeping in view the feasibility aspects, the Districts which are near to the Krishnapatnam Port have been entrusted to the said Port by modifying the Zones and that to ensure timely dispatches of Palmolien Oil to the MLS Points, the Corporation felt that the services of Stage-I contractors can also be availed by permitting them to participate in the tender process if they satisfy the tender conditions. In this context, the concept of Stage-I contractors needs to be briefly explained. The essential commodities such as rice and other food grains meant for public distribution are stored in the Food Corporation of India (FCI) godowns. These food grains are transported to reach the ultimate destination i.e., fair price shops, in two stages. Under the first stage, the food grains are transported from the FCI godowns to the MLS Points and in the second stage, they are transported from the MLS Points to the fair price shops. In the counter-affidavit it is pleaded that from the present year, the Corporation is thinking of doing away with the two-stage system of transport by calling for unified tenders. Even though it is not specifically explained in the counter- affidavit, at the hearing, the learned Standing Counsel for respondent No.2- Corporation, submitted that for the first time, respondent No.2 barred the Stage-I and Stage-II contractors from participating in the tenders for transportation of Palmolien oil and that in view of the Corporation's proposal to do away with the dual stage contract system from this year, it has thought it fit to remove the ban on participation of Stage-I contractors and also to ensure timely dispatches to the MLS Points, respondent No.2-Corporation felt that involvement of Stage-I transport contractors will help accomplishing the task of dispatching the Palmolien oil in a time-bound manner. I must say that the explanation of respondent No.2-Corporation is somewhat sketchy and they should have been more specific in explaining the reason for cancellation of the first notification and issuance of the second notification, with modifications. However, if we read corrigendum dated 12-3-2013 closely, the intention of respondent No.2 can be culled-out. The said corrigendum reads as under:
"The P.Oil Tenders called the NIT No.Mktd./M6/1044/P.Oil Tenders/2013-14 dtd.22- 02-2013 are herewith cancelled due to modification of Zones to facilitate timely P.Oil movement to the districts for smooth functioning of distribution of subsidized P. Oil to BPL families through PDS in the State".
The first notification was evidently cancelled due to modification of the Zones. Respondent No.2 appeared to have thought it fit to remove the ban on Stage-I contractors also, following modification of the Zones. Whatever the reasons might be, the petitioners have failed to properly plead, much less, establish that the cancellation of the first notification and permitting the Stage-I contractors to compete with others is with a view to help Stage-I contractors in general and the private respondents in particular. In E.P. Royappa Vs. State of Tamil Nadu18, the Apex Court held : "...The allegations of mala fides are often more easily made than proved and the very seriousness of such allegations demands proof of a high order of credibility..."
In order to succeed in establishing the allegations of mala fides, it is necessary that not only that the pleadings are specific and unequivocal, but also supported by evidence, direct or circumstantial. In Swaran Latha Vs. Union of India19, the Supreme Court held that the Court would be justified in refusing to carry on investigations into allegations of mala fides if necessary particulars of the charge making out prima facie case are not given in the Writ Petition.
In Ajit Kumar Nag Vs. Indian Oil Corporation Ltd.20, the Supreme Court held that there is a presumption in favour of the administration that the power has been exercised bona fide and in good faith.
In Gulam Mustafa Vs. State of Maharashtra21, the Supreme Court held that the allegations of mala fides are the last refuge of a losing litigant. In State of Madhya Pradesh Vs. Nandlal Jaiswal22, the Apex Court held that wherever allegations of mala fides are made, it is necessary to give full particulars of such allegations and to set out material facts specifying the particular person against whom such allegations are made so that he may have an opportunity to controvert such allegations.
In Jasbir Singh Chhabra and others Vs. State of Punjab and others23, the Supreme Court held that the superior courts should not readily accept the charge of malus animus against the State and its functionaries; that the burden to prove the charge of malafides is always on the person who moves the court for invalidation of the action of the State and/or its agencies and instrumentalities; and that in such cases wisdom would demand that the court should insist upon furnishing of some tangible proof in support of his/her allegations.
In Ratnagiri Gas Power Project Ltd. (17-supra), the unsuccessful bidder who was not found to be techno-commercially qualified, made allegations of mala fides against the bid finalizing body. The Supreme Court has undertaken a comprehensive review of the case law on the aspect of mala fides. While reiterating the legal principles referred to above, the Supreme Court held that as and when allegations of mala fides are made, the persons against whom the same are levelled need to be impleaded as parties to the proceedings to enable them to answer the charge; that in the absence of impleadment of the person concerned as a party in his/her individual capacity, it will neither be fair nor proper to record a finding that malice in fact had vitiated the action taken by the authority concerned. It was further held that a judicial pronouncement declaring an action to be malafide is a serious indictment of the person concerned that will lead to adverse civil consequences against him and therefore the Courts are to be slow when drawing the conclusion holding the allegations of mala fides to have been proved and that only in cases where based on the material placed before the Court or facts that are admitted leading to inevitable inferences supporting the charge of mala fides that the Courts should record a finding and in the process ensuring that while it does so it also hears the person who is likely to be affected by such a finding.
Examined on the touchstone of the law laid down by the above mentioned judicial precedents, the pleadings of the petitioners fall woefully short of the legal requirement to enable this Court to accept their plea of mala fides. The petitioners neither impleaded any official of respondent No.2-Corporation as an eo nomine party nor specific allegations against any person concerned with the Corporation have been made. The facts, namely, that respondent No.2 has issued the second notification and enabled Stage-I contractors to participate in the tender process, disqualified the petitioners and qualified respondent Nos.4 to 8, have driven the petitioners to allege mala fides against the Corporation. In my opinion, these facts by themselves would not prove any malice on the part of the officials of respondent No.2-Corporation. The burden lies heavily on the petitioners not only to plead with specificity but also establish the same by direct or indirect evidence that any of the officials of respondent No.2- Corporation have nexus with respondent Nos.4 to 8 and that with a view to help them, respondent No.2-Corporation has withdrawn the first notification and issued the second one. Mere suspicion will never take the place of proof. Indeed, respondent No.2 has specifically pleaded that only respondent Nos.7 and 8 are the Stage-I contractors and respondent Nos.4 to 6 have nothing to do with Stage-I contracts. What passes this Court's comprehension is that if respondent No.2 had really intended to help the private respondents, there would have been no reason to disqualify the Stage-I contractors in the first notification. Respondent No.2 could as well not have imposed any prohibition against them in the first notification itself. It is therefore not only illogical but also unrealistic to think that the bar on Stage-I contractors was lifted with a view to help the latter. After all, as held by a catena of Judgments of the Apex Court, the State and its functionaries must be conceded with freedom to evolve their own terms and even to modify them so long as their action is not for collateral purposes or vitiated by mala fides; and that judicial review by the Constitutional Courts is limited only to the decision making process and to examine whether such process undertaken is reasonable, rational, not arbitrary or mala fide. (See: Sterling Computers Ltd. Vs. M & N Publications24, Tata Cellular Vs. Union of India25, Raunaq International Ltd. Vs. I.V.R. Construction Ltd.26, AIR India Limited Vs. Cochin International Airport Ltd.27, Association of Registration Plates Vs. Union of India28, B.S.N. Joshi & Sons. Ltd. Vs. Nair Coal Services Ltd.29 and Jagadish Mandal Vs. State of Orissa30).
On the above discussed facts and circumstances of the case, this Court has no hesitation to reject the plea of the petitioners that the action of respondent No.2-Corporation is either arbitrary or vitiated by mala fides. As the petitioners failed to establish any circumstances from which this Court can draw a reasonable inference that respondent No.2 has acted arbitrarily or mala fide, it has no reason to believe that removing the ban on Stage-I contractors was with a view to favour any of the private respondents. On the contrary, it is reasonable to presume that respondent No.2 has withdrawn the first notification and issued the second one for ensuring timely transportation of Palmolien oil by involving more and more number of transport contractors.
Before ending the discussion on this Point, it needs to be noted that the learned Senior Counsel has devoted substantial time arguing on the aspect of the alleged disqualification of respondent No.8. He has drawn the attention of this Court to the profile submitted by respondent No.8 wherein it has claimed that it has experience as a transport contractor with agencies such as respondent No.2, M/s.Hyderabad Industries Ltd., KRIBHCO & Madras Fertilizers Pvt. Ltd. and M/s. Gemini Edible Oils and Fats Ltd., among other industries. The learned Senior Counsel submitted that under Clause 2.2 of the NIT, Oil Millers/Oil Millers Association/Oil Mill Lorry Owners Associations or their Associates are prohibited from participating in the tenders. In its profile, respondent No.8 has never claimed that it is an associate of M/s. Gemini Edible Oils and Fats Ltd. It has only claimed that it is an existing transport contractor to the said Company as it is to various other Companies referred to above. Therefore, this submission of the learned Senior Counsel can be referred, only to be rejected. The learned Senior Counsel also laid emphasis on Clause 2.5 of the NIT under which persons or firms blacklisted/Oil Millers/Oil Millers Association/Oil Wholesale or Retail Dealers/Stage-II Contractors/Fair Price Shop Dealers and their representatives or persons or associates, are not eligible to participate in the tenders. He submitted that by order dated 26- 3-2011, M/s. Lucky Trading Company, a proprietory concern owned by the son of the proprietor of respondent No.8, was blacklisted by respondent No.2. Respondent No.8 has denied any nexus with M/s. Lucky Trading Company. Sri N. Siva Reddy, learned counsel for respondent No.8 submitted that his client is not an associate of M/s. Lucky Trading Company and that the mere fact that the proprietors of these two business entities are the father and son would not make respondent No.8 an associate of M/s. Lucky Trading Company. It is unnecessary for this Court to labour on this aspect for the reason that respondent No.2 has produced proceedings dated 19-9-2011 wherein it has cancelled order dated 26-3- 2011 blacklisting M/s. Lucky Trading Company. While not disputing the existence of this proceeding, the learned Senior Counsel, however, is critical of the reasons for which respondent No.2 has cancelled the said blacklisting order. As the validity or otherwise of order dated 19-9-2011 is not the subject matter of this Writ Petition, it is unnecessary for this Court to delve into the said aspect. At any rate, respondent No.8 was never blacklisted and no material is produced by the petitioners to show that the said respondent is an associate of M/s. Lucky Trading Company. On the analysis as above, I see no merit in the submission of the learned Senior Counsel that respondent No.8 is not qualified for being considered for award of contract.
Even though the learned Senior Counsel has prepared a Table showing disqualifications of respondent Nos.4, 7 and 8 on various counts, he has fairly submitted the same are very minor in nature and that the petitioners are not interested in pressing the same.
With regard to the various Judgments cited by the learned Senior Counsel referred to supra, there can be no quarrel on the proposition of law laid down in the said decisions to the effect that the Government or its agencies cannot act arbitrarily like private individuals while awarding contracts and that their actions shall be tested on the anvil of Article 14 of the Constitution of India. However, on the facts of this case, these Judgments would not help the petitioners as they failed to bring home the allegation that the action of respondent No.2 is vitiated by arbitrariness and mala fides. Re Point No.3: Having regard to the findings rendered on Point No.2, it is unnecessary for this Court to deal with and pronounce upon the issue relating to waiver. Even though the finding on this aspect either way does not change the result of the case, I am in agreement with the submission of the learned Senior Counsel that there can be no waiver of the Constitutional rights as held in Basheshar Nath (7-supra), Kesavananda Bharati (8-supra) and Shree Mahavir Oil Mills (9-supra).
In Md. Abdul Azeez Asad (10-supra), a Full Bench of this Court repelled the contention of the State Government and the Health University that the petitioners having appeared for the common entrance test and counselling are estopped from challenging the seat matrix and the rules of admission. Relying upon the Judgments in Basheshar Nath (7-supra), Om Prakash Shukla Vs. Akhilesh Kumar Shukla31, Union of India Vs. N. Chandrasekharan32 and Swaran Latha (19- supra), the Full Bench rejected the contention based on waiver.
In the instant case, the main ground of attack of the petitioners is that in withdrawing the first notification and issuing the second notification by lifting the ban on Stage-I contractors, respondent No.2-Corporation has acted arbitrarily and thereby violated Article 14 of the Constitution of India, the enforcement of which is one of the fundamental rights of every citizen. Irrespective of whether the petitioners succeeded in proving their plea in this regard, they cannot be non-suited on the ground of waiver having regard to the settled legal position referred to above. This Point is accordingly answered.
For the above mentioned reasons, the Writ Petition is partly allowed to the extent of declaring the disqualification of the tenders of the petitioners by respondent No.2 as illegal. A writ of mandamus shall accordingly issue to respondent No.2 to qualify the petitioners' tenders and evaluate the same along with other tenders for award of contract. The Writ Petition, in all other respects, is dismissed.
As a sequel, WPMP No.12903/2013, WVMP Nos.1286/2013 and 1401/2013 are disposed of as infructuous.
________________________ Justice C.V. Nagarjuna Reddy Date : 5-7-2013


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Clinics in Action: The Young Center Immigrant Child Advocacy Clinic
Date:Tuesday, May 7, 2013 - 12:15pm - 1:15pm
Location:Room V
"Their Journey of a Thousand Miles":
Serving Unaccompanied Immigrant Children in Federal Detention
Join us as our law students discuss their work on behalf of unaccompanied immigrant children. At present, there are over 400 immigrant children detained in Chicago. Students in the clinic serve as advocates for individual children and also work on legislative and policy reform at the federal level. Language skills are not required to join the clinic. Please come and learn more about our work!
Lunch will be provided
Faculty:Maria Woltjen
Faculty:Jajah Wu

subset: commoncrawl


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TopGear style for a Buddypress community powered site with the Speed Buddypress theme
Featuring a three column responsive layout with jQuery sliders, magazine style, enabled with options panel, adserver, Buddypress support, custom field options, custom post option, related posts and recent comments are built into the theme, as well as a nifty and new Buddypress if statement: if Buddypress is not installed, the Speed theme will work as a usual WordPress magazine theme.
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Shelter Supplies
Supplies Main
1-Water Drums
2-Food Rations
3-Sanitation Kits
4-Medical Kits
5-Radiation Kits
and Instruments
Ventilation Kits
Back to Civil Defense Museum Main
Civil Defense Fallout Shelter Food Rations
The photo above is from the Red Cross book "Emergency Mass Feeding". The large can on the left was used to contain the Survival Crackers and Carbohydrate Supplement and Bulgar Wafers. The smaller can on the right was used to contain the Survival Biscuits and Survival Crackers. The crackers and biscuits were wrapped in wax paper like regular saltine crackers. See the table below to see how the rations were supposed to be issued in the shelters.
This table is from the OCD publication SM-16.1 "Shelter Management Textbook"
Date July 1967. Table VIII. Issue of single pieces per serving.*
(approx 125 calories)
(Issue one of the six portions below)
1. Crackers or biscuits/from 5 gal can----------------6
2. Crackers or biscuits/from 2.5 gal can--------------4
3. Wafers/from 5 gal can-------------------------------1.5
4. Crackers or biscuits/from 5 gal can----------------4
along with carbohydrate supp(candy)-----------------2
5. Crackers or biscuits/from 2.5 gal can--------------3
along with carbohydrate supp.(candy)-----------------2
6. Wafers/from 5 gal can---------------------------------1
along with carbohydrate supp---------------------------2
*based on an issue of 6 servings per day.
Carbohydrate Supplement Can With Top Open
October 1976 Dallas Morning News Article About Destruction Of Cracker Rations NEW!
Click image to see article.
Here is a copy of a article in the October 29, 1976 edition of the Dallas Morning News. The article covers the notice that the Dallas CD office received from the DCPA instructing them to destroy the ceral based rations in fallout shelters due to the rations becoming rancid. See DCPA Circular 76-2 Below.
Excerpt from DCPA Civil Preparedness Guide 1-19 July 1978
I found the paragraph below in the DCPA CPG 1-19 and found it interesting. It mentions the DCPA circular issued in September 1976 concerning fallout shelter supplies.
Civil Preparedness Circular No. 76-2
To download the complete CPG 1-19 DCPA click here DCPA CPG 1-19 in Adobe Acrobat format.
Survival Ration Cracker Case
This is the more common case of fallout shelter crackers. Or at least it's the type of case I have come across most often. This type of case has 2-20 pound cans of crackers in it. The weight varied a few pounds with wafers and biscuits. This type of case loaded with 2 cans of carbohydrate supplement weighed in at 70 pounds. This case measures 19.5" long, 14" high and 10" deep. The crackers, biscuits and wafers were supposed to have been removed from the shelters in the 1970's. Thousands of cases were never removed and just left in place to be thrown away over the years and some are still in place to this day. Click the photo to see larger version.
Two Types Of Food Storage Cans
Click thumbnails to see large photos.
Here is another type of cracker can case. I have never seen a case of crackers like this in person. It holds 6 of the smaller 2.5 gallon cracker cans. Note the date of 2-63. I can't remember where I got this photo. If the photographer sees this page please let me know and I will credit you for the photo.
Huge Fallout Shelter Cracker Stockpile And Protective Covers


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The Brusilov Offensive
On October 30th, 2011, they celebrated the 95th anniversary of the Brusilov Offensive by reconstructing the great battle of WWI.
Before the battle the participants gathered together to listen to some instructions of the coordinators.
At that time they really carried shovels in this way. It was easy to reach and protect the body.
Across the network:
14 Responses to "The Brusilov Offensive"
If only the tactics and techniques used by Brusilov, were recreated elsewhere, against the Ottomans or Germans, the war could have ended differently, for Russia atleast.
One of the reasons WWI was so bloody was because the generals on all sides still fought in the Napoleonic style even though modern weapons clearly made this pure stupidity.People got torn to shreds because they did believe in flanking tactics at all it was just move forward and die.
The old photo of the Germans with gas masks that reminds of the first British mask it used the ammonia in urine to filter gases so you had to urinate in the mask material every few hours it must have smelled wonderful.
20 years later there was even worse carnage, many people today don't seem to care.
Well for one thing I personally do not think that there will ever be wars as massive and violent as WWI and WWII.In modern times people put value on life much higher.
Now if people see an war that seems to have no purpose they will begin to question what is going on.It is much harder today to convince people to be willing to fight a large war and sometimes it may not have any real effect does the war of terror stop people from terrorizing?
Americans during the Vietnam war and even Soviets during the Soviet Afghan war realized that people where dying and no goal was being achieved.After that leaders learned to hide much more what the media is allowed to see.
The real reason that the US and NATO have such interest in Afghanistan is the minerals there.You can effectively counter terror with law enforcement no need to have so many troops in another country unless you are after something else.
False flag terror, color revolutions, and detabilization campaigns are the future of warfare. Read The Grand Chessboard to understand what is happening in central Asia. With controlled media is just as easy as ever to get the public support for any war you like. WW3 is in progress.
yojimbo What an excellent insightful comment.
Some of that comes from personal experience.In the US military when they know that the media is going to be about they have the Public Affairs troops come around and tell you this and that and they give little cards telling what to say.Also in general they a very restricted when they can go unlike Vietnam where they could go anywhere they pleased and had little restriction as a result they showed a lot that had never been seen by non combatants.Sometimes they where not always correct likt during Tet in 68 the attacks where a surprise but the US and ARVN pretty much decimated the enemy and American morale was high because they for once could see for sure that they where harming the enemy.But it was true that the COIN was not having any effect and that was the whole bread and butter of the entire war we also failed to realize that we where fighting in a civil war.
I just say what I know and have have some good friends officers in certain places what they see in Afghanistan makes them very un optimistic as to what is going on there.
Don't seem to care?
The US alone has spent billions developing precision guided weapons so we could take out a building next to a school, and not harm the school itself. Not care?
People have always gone to war. And probably will continue to go to war for generations to come.
Yojimbo, please, oh please enlighten us as to this fantastic mineral wealth that is in Afghanistan.
I can assure you, if there is anything worthwhile there, we have no interest in staying there. I know there is some wealth there, but if anything, we'd help them develop it.
It makes absolutely zero sense to stay there ourselves. Like people have said over and over about the "war for oil". What oil? We sure haven't seen it, we don't even have any private contracts (to speak of) for oil.
You're implying that the US and NATO is there to grab this wonderful mineral wealth?
Sorry, it makes far more sense to let THEM have it and develop it, and produce something besides opium and terror.
I can't see any logic, whatsoever, to staying there and "taking" their wealth. (that's always been the soviet unions specialty, didn't they "own" just about every "stan" there was, until the breakup and they couldn't do anything about it? Now you attribute this to the US and NATO? Get real.)
US/NATO aren't the glorified heroes/liberators you imagine them to be. War on terror in deed. Don't you realize that war is terror itself.
And if the US has such precision weapons, why don't they use them instead of sending UAV's to kill civilians in Pakistan.
What even is your point?You are clearly a person who blindly follows "conservative" ideas.A fool being lead by someones agenda just like any other fool it does not matter the party view all blind left wingers or right wingers they are stupid.
You must not have read any paper or viewed any news outlets in the past 3 or 4 years as the fact the there is much mineral wealth has been mentioned even on the most conservative network in the US FOX News.
You are just a last fool have you ever been to Afghanistan? No myself I was stationed there twice I know who is there what companies.
Also a 1000 or 2000 pound bomb will kill anyone within 500 yards that is well within your "building next door claim". We do try to avoid the deaths of civilians but that does not mean that it never happens.
Yojimbo, please, oh please enlighten us as to this fantastic mineral wealth that is in Afghanistan.
Note the first link Mr.Johnson it is from Fox news
Educate yourself please you clearly need to.
George Johnson Did you look at the links provided. I hope so, you asked for the information.
There is high mineral potential in Afghanistan, including rare earth elements, gold, iron, and copper. Up to a trillion dollars worth.
George hiding from the truth because we do not like dose not make it any less truthful, it will only perpetuate a lie.
Are Putinjugend getting high on Brusilov instead of Stalin recently?
Not enough reenacters with moustaches, as was fashionable back then.
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...during the high priesthood of Annas and Caiaphas, the word of God came to John the son of Zechariah in the desert. (Luke 3:2)
Prompted by her mother, she said, Give me here on a platter the head of John the Baptist. The king was distressed, but because of his oaths and his dinner guests, he ordered that her request be granted and had John beheaded in the prison. His head was brought in on a platter and given to the girl, who carried it to her mother. Johns disciples came and took his body and buried it. Then they went and told Jesus. (Matthew 14:8-12)
so that there may come upon you all the righteous blood shed upon earth, from the righteous blood of Abel to the blood of Zechariah, the son of Barachiah, whom you murdered between the sanctuary and the altar. (Matthew 23:35)
But when he died, after having lived years, a man just and kind in all things, and was buried in the royal tombs in Hierosolyma because he had restored the kingship to the family of David, King Joas gave up his concern for God. The chiefs of the crowd degenerated together with him so that they offended against what was just and regarded as best among them. God, however, was displeased by this change on the part of the king and the others; he sent the prophets to raise their voices against what they were doing and to make them cease from vileness. They, however, had so strong a lust and terrible desire for this that, neither by what those who were before them had suffered, along with entire household, in punishment for their outrages against the ordinances nor by what the prophets kept predicting, were they persuaded to change their minds and turn away from those things to which they had turned when acting lawlessly. Rather, the king, unmindful of his father's benefactions, even directed that Zacharias, the son of the high priest Iodas, be killed in the sacred precinct by throwing [stones]. [He did this] because God had appointed [Zacharias] to prophesy. Standing in the middle of the crowd, he advised both them and the king to do what was just, and predicted that they would undergo great punishment if they were not persuaded. But as Zacharias was dying, being put to death in a cruel and violent way, he made God the witness and avenger of what he suffered in return for his kind advice and the things his father had obtained for Joas.


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Your cat loves a clean toilet -- don't we all? Catster's singing Cat Lady, Sarah Donner, explains why.
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Photo Comments
Mom woke up around 2am and started laughing at me, she caught me watching T.V. they had on a thing about 70`s music and I rather enjoyed it.
she said I should of been born in the 70`s, I dont know about that, they did`nt have internet yet. Anyway I stayed right there between mom and dad till mom got up @ 6am. Then we all got up follwed her to the kitchen and waited for our fresh food and water.
I woke mom up early this morning. I wanted to sleep next to dad so I bit her nose hard. She woke up real fast! Mom just petted me and I gave her a look like I was going to do it again and she got out of bed. Yup she sure did and it was at 2:30 am. She did`nt get mad at me, her back is hurting again so she does not sleep well when it hurts.
Today when mom got back from her test at school we played ball. it was so much fun, I would wait and see if mom would toss it to me and if she did`nt I gave her kisses and tossed it and rolled it to me. Penny came along and tried to take it from me but mom yelled at her and Penny got mad.
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Utah State is no longer the hottest team in the Western Athletic Conference. After the Aggies' thrashing at the hands of New Mexico State on Thursday, that distinction belongs to Denver and Louisiana Tech.
Unfortunately for the Aggies (14-2, 5-1), they're heading into Magness Arena to face the Pioneers (10-7, 6-1) on Saturday afternoon. That's no easy turnaround coming off their first defeat in two months.
It's time to find out how Utah State bounces back.
"They're a great team, and they run their offense like a machine," Preston Medlin said Thursday. "It'll be a good test on the road, and we'll see what we're made of then."
It will be a tall order. Denver is coming off a 73-37 win over San Jose State, which the Aggies edged last week. With the victory, Denver has a six-game win streak going.
The team is young, but efficient. The Pioneers don't turn the ball over much, and they don't allow many points: They are No. 7 nationally in scoring defense, which doesn't bode well for Utah State coming off its lowest output of the season.
But the more difficult aspect of facing Denver is stopping the offense. The Pioneers run a Princeton-style attack that will be as unique a system as Utah State will face all season. It gives them open looks from beyond the arc, or an all-too-easy layup.
Coach Stew Morrill had a hard time comparing the two road games this weekend. The Aggies can't just figure out what they did wrong at New Mexico State, because Denver is such a different look.
"[New Mexico State] was about their physicality, their athletes, their size, but Denver is about precision and execution," Morrill said. They're the epitome of the Princeton system. We've got to be really with it mentally. We can't be sorry for ourselves or we won't have a chance."
Denver doesn't have much size, but its frontcourt will still be a challenge. Royce O'Neale and Chris Udofia have been the two top options this season. Both are 6-foot-5 athletes who can air out for dunks and blocks.
Chase Hallam and Brett Olson are both shooting more than 40 percent from 3-point range.
But that's not to say the Aggies are punchless in the matchup. Denver's pacing also makes it one of the lower-scoring teams in the WAC, and the Pioneers are one of the poorer rebounding teams in the league.
That means Utah State will get second chances. Like the game itself, it's up to the Aggies to make the most of it.
"That'll be tough, but we've got to focus in," Medlin said. "It's what good teams do."
Twitter: @kylegoon
Utah State at Denver
O At Magness Arena (Denver)
Tipoff • Saturday, 4:30 p.m.
TV • ROOT (Comcast Ch. 52/Ch. 693 HD; Dish Network Ch. 414; DirecTV Ch. 683)
Radio • 960 AM
Records • Utah State 14-2, 5-1; Denver 10-7, 6-1
Series history • Utah State leads, 53-36
Last meeting • Denver 67, USU 54 (Nov. 30, 2011, in Logan)
About the Aggies • Utah State is coming off of its lowest scoring output to date, falling to New Mexico State 64-51. ... Preston Medlin, now the No. 4 scorer in the WAC, has scored double-digit points in his last eight games. ... Jarred Shaw has accrued six double-doubles this year, averaging 12.6 ppg and 8.4 rpg.
About the Pioneers • Denver is on a six-game winning streak, and has won nine of its last 11. ... The Pioneers allow only 54.6 points per game, good for seventh-best in the nation. ... Chris Udofia is one of the best shot blockers in the WAC, averaging 2.24 per game.


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BEVERLY KUNDLA: Confidentiality: It's a matter of respect
Confidentiality. It's what some make every effort to practice; it's what others never take into consideration.
Yes, I'm a firm believer in the practice of confidentiality, in my work and in my everyday interaction with others. There are those who respect this in me and those who have laughed at me. There are those who consider me and others who feel the same way as having a "high and mighty" attitude. This doesn't sway my opinion on confidentiality.
My belief is that we should all practice confidentiality, especially in our work settings, no matter what profession we are in. I work in a school district. The people I work under know I can be depended on to not talk about the details I learn in my position. I wouldn't have wanted people gossiping about me or my children when they were still in school, so why would I think it's all right to do that to others?
Yes, as the mother of a volunteer emergency worker, I am interested in the calls my son is involved in. But from the first day he entered the fire department, I've preached to him about confidentiality.
He has respected my feelings on this. I'll ask what is going on as he heads for the door on a call; he'll give me a quick answer.
When he gets home he may or may not give me details, but he knows not to give names or most details that the public won't read in the newspaper.
I am proud of him for that. Even when he personally knows someone involved in a call, he hasn't told me who it was. And if he does slip and tell me something others won't read, he knows it won't leave our home.
Sure, we all like to talk about the latest headline or news item, but as professionals, as families of emergency workers, and as individuals we have no right to spread details or rumors about others' private lives, or incidents involving others.
My belief is that confidentiality should not be a matter of legality; confidentiality should be a matter of respect.
Beverly Kundla
Homer City


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Gold Coast
Welcome to the Gold Coast!
Whole Foods Market is America's Healthiest Grocery Store and is a pioneer in the grocery industry for its high standards for natural and organic foods, as well as environmental and labor practices. On the corner of Dearborn and Huron, the Gold Coast location is on your way to and from some of Chicago's hottest spots. Known for our Shop and Delivery service, Catering and Prepared Foods departments, we help make city living fast and simple, without compromising the quality you've come to expect.
Browse our aisles to find local products as well as national favorites, and enjoy the many delicious samples we are excited to share with you each and every day! Be sure to inquire with our expert team members if you have any questions or concerns, as we delight in sharing our product knowledge and giving excellent customer service.
Community is important to us here. Our extensive community support and outreach connects us to and helps us uplift the inspiring groups around us.
We pride ourselves on creating the Whole Foods Market experience you expect in this dazzling city, each and every time you visit. Hope to see you soon!
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More Videos...
home built chevy corsica custom truck "corsicamino"
this is what you can do with an old chevy corsica, above ground swimming pool, and a few other things. i didn't actualy go under the car with it up on the loader, that was just to get the old tail pipe off where went over the rear end.
1995 chevrolet corsica part 2
part two
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Hjoed ferniele wy in chevrolet corsica op lpg Today we destroy a chevy corsica
95 Chevy Corsica, Electric Vehicle - EV (fully electric car)
Vehicle Description Ive been working on this project for almost 1 year and spend a lot of time and money with it I was planning to add another 6 batteries in the trunk, however, I am really short on money right now and cant afford it. But the vehicle has a lot of trunk space and would be very install the batteries to increase your range. The 6 batteries located in the engine compartment are new; I bought 6 Dual purpose Deep cycle marine batteries from AutoZone. The batteries are in VERY GOOD CONDITION, LIKE NEW and should last many years. I drove this EV and was able to get it up to 55 MP/H (or 88 KM/H). It drives very nice and smooth without any problems. When this car was in its early development stages, I had to make a decision between performance and range, so I tried to balance it. This 72V system was designed to work with 12V batteries (six in the front and six in the back) but I havent added the 6 in the back. Most people choose manual transmission for their EVssince I didnt have a donor car with manual transmission I designed everything to accommodate that. I kept the original torque converter in the transmission, but the new owner can pick new torque converter that requires less spin of the motor to lock it making the acceleration better. But for me it drives fine as it is. This is only optional. I am sorry, but I dont have any other information on the motor. I measured about 7 inches diameter and about 14 inches long. (Not counting the shaft) Its an Advanced DC Series Wound Motor. I havent driven this car until the batteries are drained so I really cant tell how far it will go. I got about 15 miles and the 72V bank was reading 72.1 Volts. I started with the reading of 78.3 volts. The batteries are not broken in yet, it will increase overtime. There is only 6 batteries right now, once the new battery bank is set in the trunk, range should increase dramatically. (the battery bank in the back should be connected in parallel with the front battery bank, increasing the amperage capacity, but keeping it at 72V) Charging Time: 2-6 hours (depending how much you drove before charging) the battery bank is small, and if you drive down a few miles only, it charges up in about 1 hour or so. Top Speed: 55 MHP (on straight road) Ive had this EV as high as 55 MHP, but I live in the city and only drive around 30-35MPH All the electrical parts, such as headlights, blinkers, stop light, reverse light, high beams, etc are working properly. The instrument cluster was completely re-done to fit this EV. I wanted to give a factory look so I kept everything as factory as possible. When you look at the car and even when you get in You wont notice the difference until you start driving it. Ive added 2 digital meters to monitor the two 12V batteries and 72V battery bank. I custom made the new dash to incorporate the words System Engaged when the vehicle is turned ON and also put a charging indicator in blue letters (lit when plugged) so you dont drive away when the car is plugged in) they are very visible even in daylight. The interior is very nice and clean (but please, expect normal wear and tear), the mats and seat covers are new. The back seat could use a seat cover as well, but its not bad. I never drove it with more than the driver and one passenger. But I am sure it can take 2 passengers in the back. I drove this EV for more than 100 miles so far, it drives really nice, but there is a little difference while driving an EV. For example when you stop, the electric motor stops as well, so if you are on some type of incline, you have to either keep the motor running at low speed (which is not recommended at all, waists energy!!!) or press the breaks while you accelerate a bit so the car wont start moving back. But you get used to it after a few miles. The tires on the EV are ok, with about half life on them. The body of the car is in very good shape for a 1995 car. There are some fading in the rear bumper, a ding in the passenger side door and a dent on the drivers side door right by the mirror. The drivers side door mirror is off, looks a little bent, I dont want to pop in place because I dont want to break the plastic around it. Its working just fine and you can adjust without problems. I added two 12V fans on top of the controller to keep it cool during driving. Both fans come on and off as the car is turned ON and OFF.


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More competitive near the pier in Pacific Beach
"It's summer, so the waves aren't going to be that big,"
Evelyn Grimm 8 a.m., June 27
Ace keyboardist Mighty Joe Longa of Joey Harris and the Mentals has spent around four months receiving chemotherapy and "catching up on a lot of sleep." The Mentals have been playing around town with a little help from friends such as Mojo Nixon and Scotty Blinn.
Mighty Joe and his wife Jeanne Longa sent this update, both as a thank you to well-wishers and a progress report on his fight against cancer.
"We want to thank all of you for your continued support...
"Special thanks to Humphrey's and Chet Cannon for having a fundraiser for us. Also, all the people who attended and donated money, love, music... All the people at Sharp Coronado Hospital. We couldn't have gotten this far without all of you!
The cancer seems to be a little more extensive than first thought, and Mighty Joe now has five doctors instead of two. "Our Team, and man do we appreciate them, have been great! We told them they can do just about anything they want except for messing with the fingers."
Regarding queries as to whether Mighty Joe has kept his iconic ponytail, "A few of you have cared enough to ask us. Well, so far, his hair is flowing freely!"


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The Browns held their 12th full-squad practice of training camp this afternoon. Here are some highlights from practice and subsequent interviews:
Injuries mount
Fifteen players did not practice because of injuries. That's about 17 percent of the team's 90-man roster.
"Of course, I don't want anybody to be injured," Shurmur said. "Anytime we don't have guys that are at practice, it keeps them from getting one day better on the practice field. So we've got to find ways to keep them going."
The following players sat out: wide receiver Mohamed Massaquoi (concussion), cornerback Dimitri Patterson (right ankle), strong safety Usama Young (reported hamstring), running back Trent Richardson (recent knee surgery), fullback Eddie Williams (undisclosed), weakside linebacker Chris Gocong (torn right Achilles tendon), middle linebacker D'Qwell Jackson (reported shoulder soreness), defensive end Marcus Benard (undisclosed), defensive tackle Scott Paxson (right knee), wide receiver Travis Benjamin (Shurmur cited soreness), tight end Benjamin Watson (undisclosed), tight end Jordan Cameron (back), defensive end Frostee Rucker (undisclosed), defensive tackle Phil Taylor (pectoral surgery in May) and strongside linebacker Scott Fujita (Shurmur cited soreness).
Shurmur declined to give a timetable for when Massaquoi, Patterson, Paxson and Cameron are expected to return. All four of them were hurt Friday in the Browns' preseason opener against the Detroit Lions.
"It's hard to tell when those guys will all be back," Shurmur said. "They got nicked up in the game and we'll see."
Young, Watson, Cameron, Rucker and Taylor worked out on exercise bikes at the beginning of practice. Jackson stretched as practice started and watched the action from the field. The other nine players did not attend practice.
With Patterson out, rookie Trevin Wade worked as the first-team defense's nickel corner. Wade caught the coaching staff's attention in recent practices and against the Lions.
"I thought he did a good job," Shurmur said. "They tried a double move on him. He was right there. They tried to throw a deep ball on him. He was right there. From what I could tell, he played pretty well. Then when I went back and watched the game in detail, it held up that way. He's making good progress. He has a very, very good feel from the game, and I think it showed up the other night."
Other players who filled in for injured teammates and practiced with the starters during team drills are tight end Alex Smith (Watson and Cameron), rookie wide receiver Gordon (Massaquoi), rookie defensive tackle John Hughes (Taylor and Paxson), defensive end Emmanuel Stephens (Rucker), rookie strongside linebacker James-Michael Johnson (Fujita), undrafted rookie linebacker L.J. Fort (Jackson) and running back Montario Hardesty (Richardson).
Earlier dress rehearsal
The Browns will use their second preseason game Thursday night on the road against the Green Bay Packers as their dress rehearsal. The third exhibition game is usually designated as the dress rehearsal, but the Browns will face the Philadelphia Eagles in that preseason game and again in the regular-season opener on Sept. 9. Obviously neither team wants to give any secrets away in the preseason.
As a result, Shurmur said the Browns' starters will play the first half against the Packers.
"The guys that will line up as the ones will play half the game this week, and that's typical of what happens in most of the third games," he said. "So the uniqueness of our year is it's Philadelphia [in the third preseason game and in] our opener. So the guys are lining up as the ones will play around a half this week."
Need motivation?
Shurmur pulled Gordon out of an 11-on-11 drill and replaced him with wide receiver Rod Windsor after Gordon didn't run hard during a fade route. The next play, Windsor ran the fade and caught a deep pass from quarterback Colt McCoy.
Without talking about that sequence specifically, Shurmur said Gordon, whom the Browns picked in the second round of the supplemental draft on July 12, needs encouragement at times. Gordon didn't have a catch in his NFL debut against the Lions.
"He's a rookie in the NFL and so he learns everything by doing it," Shurmur said. "He's an extremely talented guy, but he needs to do it. He needs to be inspired and motivated and you know his first game was a little bit like I might have expected. I think when you play in a game as opposed to practice, the speed and the urgency and all the stuff just tends to pick up just a little bit, and I would anticipate that as he plays his way through these preseason [games], he'll get better and better."
Gordon didn't disagree with Shurmur's assessment.
"I'd like to say I'm a self-motivated kind of guy, but hearing it from my teammates and hearing it from my coaches definitely helps as well 'cause it just shows that they actually do really care and they do want the best out of you and want to bring the best out of you," Gordon said. "I'm glad they do it. It's necessary for a lot of times 'cause sometimes you get tired and you get down and might miss a play or mess up and you might need some of that confidence to boost you back up to go out there and do it again."
Gordon said his left quadriceps, which he pulled July 10 during his pro day, is no longer giving him any problems.
"It was awhile ago going into camp and whatnot, but I was still practicing full go and just every day slowly progressing on it," Gordon said. "But now it's definitely 100 percent."
He also said he was disappointed with his performance against the Lions and is aiming to become more aggressive.
Twitter trouble
Shurmur reiterated what he said Friday after the game: Massaquoi suffered a concussion after catching a 12-yard pass on the Browns' first offensive play.
After the game, a fan used Twitter to ask Massaquoi if he suffered a concussion. Massaquoi replied by writing, "No! Precautionary! Can't wait to get back to work!"
When asked to clear it all up today, Shurmur said: "I told you what happened and that's what happened. … He had a concussion and we're treating as so."
Shurmur then made it clear he wishes his players wouldn't use Twitter.
"Yeah, I don't like [tweets]," Shurmur said. "That's my policy. I encourage them not to and I think it's important that they don't. I don't think you can totally harness social media. I've come to that realization. But what I can do is encourage and inspire them to be very professional and not talk about Browns business. That's just my feeling on it."
Shurmur, though, said he doesn't plan to ban his players from tweeting.
"No, I'm not gonna sit here and pick a fight with Twitter," Shurmur said. "I don't want to do that because I want to deal with our guys as professionals. I want to deal with them as men. And that's part of society at this point – social media. I think it's important that I encourage them and inspire them not to do it and if you ask me a question about what happened in the game and I tell you the process, then that's how it happened."
Extra points
Cornerback Joe Haden had a stellar practice. He intercepted a pass from rookie quarterback Brandon Weeden to wide receiver Josh Cribbs in an 11-on-11 drill, and he picked off a pass from quarterback Seneca Wallace after it deflected off the hands of undrafted rookie wide receiver Josh Cooper in a 7-on-7 session. Haden also had at least two broken up passes against Weeden. … In a 7-on-7 drill, wide receiver Greg Little jumped and hauled in about a 35-yard pass from Weeden despite coverage from cornerback James Dockery. Little's highlight grab prompted cheers from the crowd. … Tight end Evan Moore also leaped to catch a pass from Weeden in an 11-on-11 session. … Hughes batted down a pass from McCoy in an 11-on-11 drill.


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the title is so loaded with sarcasm.
i am sick.
taking ibuprogin and sudafed like a champ.
been napping in between baking and packing and cooking.
hope it's 24 hour thing. so don't do holidays well when sick.
good news. i am officially done with shopping and wrapping. have one last minute gift i'm going to make. weren't going to exchange with nick's sister. decided last minute to give a babysitting coupon. nothing big, but still. {don't think any family reads this, so i should be safe revealing that!}
had a change in holiday plans. added a party to tonight. might stop by for a bit since i'm sick. really want to go even if it is only for an hour. have a get together tomorrow evening after the indy trip. really hoping the weather cooperates.
off to nap again...
Around the World Blog Hop - Thoughtful Branches
10 months ago


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CANADA STOCKS-TSX rises, led by gains for financials and materials
TORONTO, June 15 (Reuters) - Canada's main stock index rose on Wednesday, led by the financial and materials groups, while lower oil prices weighed on energy stocks.
The Toronto Stock Exchange's S&P/TSX composite index was up 20.85 points, or 0.15 percent, at 13,905.08. Seven of the index's 10 main groups were higher. (Reporting by Fergal Smith; Editing by Chizu Nomiyama)
© Thomson Reuters 2017 All rights reserved.


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Product of the Day: Wiggles Dog Wigs
Start Slideshow
Product of the Day: Wiggles Dog Wigs
Just because you can, doesn't mean you should. Unless we're talking Wiggles Dog Wigs, in which case, you absolutely must. My fave is the Phyllis Diller wig on the silly pup you see up there! I'm really digging the pink fall on the first doggie, too. Thanks, Geek!


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Here is mine before the black....
Here is mine before the black....
definately black
All black mate.
If its "carbon fibre style" and not real carbon fibre itll look poo poo.
And even if it was real carbon I dont know what colour car itd suit.
here's mine form mstyle
On a car like yours it has to be a black grill yes
lol yea the value is on the black lol
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Baltimore Ravens coach John Harbaugh claimed he thought the New England Patriots' 3 championships won under Bill Belichick "got asterisks now" and have been "stained" by the Spygate scandal that rocked the team in 2007. Sports scores
Harbaugh made the allegations in an interview on a radio show. He was asked about the New Orleans Saints' recent bounty scandal and whether it was worth bending the guidelines if he believed he could make a go of it, and Harbaugh brought up the Patriots' videotaping debate in his reply. Baseball scores
"In the end, everything is brought before the light of the day, when it's all announced and done," Harbaugh said. "What occurs, even the thing in New England, no matter whether those things had any effect on whether or not they won their championships or not, they got asterisks now. It has been stained.
"To me, it's never worth it. You have to work out tactics to use the rules to your advantage; you have to figure out paths to maximize everything. We have new work rules here so far as what we can do and what we cannot do with our players, and we're going to maximize it. What we're finding is, 'Man, maybe we can do some things even better than we probably did before, because these rules make us concentrate more on some things that we didn't concentrate on before. 'You've just got to make them work for you. That is what success is in the world. You have to find a way to do things better than somebody else. But if you're cheating, in the final analysis, you are going to get discredited. It's not worth it."
Harbaugh explained his comments in a statement released by the Ravens.
"While on the radio show this morning to speak about the run to honor O.J. Brigance and raise funds for ALS research, I answered a query about playing in the rules and referred to the belief that the Super Bowl championships won by the Patriots and Saints have a stain. My concern was to the perception out there that came as the results of the league's actions," Harbaugh related in the declaration.
"I might have been clearer that I was talking about those perspectives. I absolutely believe that the Patriot and Saint Coaches and players earned those championships. Bill Belichick and Sean Payton both know that."
Tedy Bruschi, who was a linebacker on all 3 of the Patriots' title teams in the early 2000s and was with the Patriots in 2007 when the Spygate scandal broke, said he was perplexed by Harbaugh's comments.
"You need to take a shot, go forward and say it," Bruschi said. "When I look down at my hand and I see championship rings, I know how much work had to be put in to win those championships. I'm very set and secure with all the victories that we had, the work we put in."
Bruschi also reminded Harbaugh that, in a lot of approaches, he has Belichick to thank for landing the head coaching job with the Ravens in 2007.
According to reports, the Ravens did not have Harbaugh on their coaching radar until Belichick called the team and recommended they talk to Harbaugh, who was then a Philadelphia Eagles assistant.


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"This card is beautiful on the stock card stock! I usually use the pearlescent papers, but didn't want the added cost this time around. So happy I left this design alone!"
"No regrets buying the invitation at Tinyprints. It's cheap but the quality is not sacrificed. The free design review is a great addition to the service. I requested to verify that the photo resolution is good for printing, and the reviewer addressed it and assured me the photo is of excellent quality. The invitations arrived earlier than expected, and packed very well. No folds on the corners of the invitation and the envelopes. I love the product and the service I received."
"So happy with the invites, tiny prints staff so helpful and accommodating, changing them to a colour I really wanted, making sure I was happy. Will be using for all future invitation needs!"
"The card was perfect for my daughters christening invite. The paper itself wasn't cheap feeling. It was nice and thick and seemed more expensive then it was."
"This was a very beautiful card that came out exactly how I imagined. The paper quality was very good and the printing was amazing. Our family and friends loved it!! Would highly recommend!!"
Copyright © 2004-2017 Shutterfly, Inc | Tiny Prints | Terms of Use. Designated trademarks and brands are the property of their respective owners.


text:
Used Westfield for sale in Sawbridgeworth
We currently have 0 used Westfield cars available in Sawbridgeworth. With the widest range of private and trade Westfield cars available in Sawbridgeworth, you have access to the biggest choice and the best prices.
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text:
Submitted to: Transactions of the ASAE
Publication Type: Peer Reviewed Journal
Publication Acceptance Date: 5/2/2001
Publication Date: 9/1/2001
Citation: LU, R. PREDICTING FIRMNESS AND SUGAR CONTENT OF SWEET CHERRIES USING NEAR-INFRARED DIFFUSE REFLECTANCE SPECTROSCOPY. TRANSACTIONS OF THE AMERICAN SOCIETY OF AGRICULTURAL ENGINEERS. 2001. v. 44(5). p. 1265-1271. Interpretive Summary: The U.S. fruit industry needs technologies that can enhance and/or insure the postharvest quality of fresh fruit and increase its competitiveness in both domestic and international markets. Firmness and sugar content are two important fruit traits that not only determine the overall quality and consumer acceptance of sweet cherries, but also influence their shelf life and susceptibility to bruising and the subsequent pathogenic invasion by pathogens. Currently, no technologies are available for grading or sorting sweet cherries based on firmness or sugar content. Experiments were conducted that investigated the potential of a light-based sensing technique, namely near-infrared (NIR) diffuse reflectance, for nondestructive measurement of the firmness and sugar content of sweet cherries. We found that the proposed NIR technique gave good predictions of the firmness and sugar content of intact sweet cherries. The NIR technique and mathematical methods developed in this study can be used to grade or sort sweet cherries into different classes of firmness and sweetness. The findings of this research are important to the development of new sensing technology, which will allow the fruit industry to sort individual cherries based on their internal quality, thus increasing its competitiveness and profitability. Consumers will also benefit from this research because there will be an assurance of consistent, superior quality fruit for them to purchase.
Technical Abstract: The objective of this research was to study the potential of near-infrared (NIR) reflectance spectroscopy as a means for nondestructive measurement of the firmness and sugar content of sweet cherries. NIR spectral data were collected from 'Hedelfinger' and 'Sam' sweet cherries in the spectral region between 800 nm and 1700 nm. Statistical models were developed using the partial least square method to predict the firmness and sugar content of sweet cherries. The models gave relatively good predictions of the firmness of both 'Hedelfinger' and 'Sam' cherries with the corresponding r- values being 0.80 and 0.65 and the standard errors of prediction (SEP) of 0.55 N and 0.44 N. The NIR models gave excellent predictions of the sugar content of the sweet cherries, with the SEP of 0.71 deg and 0.65 deg Brix for Hedelfinger and Sam, respectively. NIR reflectance spectroscopy can be used to predict the firmness and sugar content of sweet cherries.


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Naxos Music LibraryNaxos Music Library
The most comprehensive collection of classical music available online. It includes the complete Naxos, Marco Polo and Da Capo catalogues of over 75,000 tracks, including Classical music, Historical recordings, Jazz, World, Folk and Chinese music. Users can read notes on the works being played as well as biographical information on composers or artists.
Content Types:
Biographies and People
Sound Recordings
Resource Type:
Digital Collection (Non-Text)


text:
Three Missouri Lottery players were selected to win a grand prize in the Lottery's fourth and final "Dashing Through the Snow" holiday drawing held today. The winners – Charles Bomerschein of Bonne Terre, Sharon Haislip of Battlefield and Stacey Reed of Bismarck – have won the ultimate shopping spree: a trip for two to a 90-second "warehouse dash" for merchandise in Chicago.
In addition to the three grand-prize winners, 25 first-prize winners were drawn to win $1,000 shopping sprees, and 100 second-prize winners were drawn to win $500 cash.


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CANADA STOCKS-TSX tumbles 2 percent as Fed plans bite; golds dive
TORONTO, June 20 (Reuters) - Canada's main stock index tumbled more than 2 percent on Thursday after the U.S. Federal Reserve's hint on Wednesday at exiting its bond buying program hit every major sector and triggered a huge selloff in gold-mining shares. The Toronto Stock Exchange's S&P/TSX composite index was down 256.07 points, or 2.09 percent, at 12,012.22 in mid-afternoon trade.
© Thomson Reuters 2017 All rights reserved.


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Your sound is your identity as a guitarist. In large part, this sound depends on having the right (usually nylon) classical guitar strings.
Guitar strings are grouped on tension values: light, medium or high-tension. The tension refers to the rigidity the strings have when they produce the standard notes of each string. How do you choose the best classical guitar strings for your instrument? Obviously, there are many variables that need to be considered. Some guitars are built in such a way that the strings are more distant from the guitar neck than others, which influences the stiffness of the strings.
Here's some basic info: higher tension classical guitar strings are a little bit louder and have a tighter vibration. Medium and light tension strings will vibrate a bit more loosely when they're being played.
Are you a beginner? Start with light classical guitar strings. New guitarists tire more quickly, by virtue of not having enough practice under their belts. Lighter strings can be your secret weapon, allowing you to play and practice for longer than high-tension classical guitar strings would allow.
Another thing you want to consider when you're choosing classical guitar strings is the tone. Higher tension strings have a brighter sound, thanks to the strength of the high frequencies. With lighter tension strings, midranges speak a little bit more, while the medium tension ones are somewhere in between.
Look for a set of classical guitar strings that can perform in the practice studio, on the stage or wherever you need to play your guitar. You want your strings to offer great tone, clarity, and response.
If you have questions about any of our classical guitar strings, give us a call. Our Sweetwater sound engineers will gladly help you choose the classical guitar strings that best fit your needs. Get in touch with us! Learn More
Sweetwater's Sales Engineers are regarded as the most experienced and knowledgeable professionals in the music industry, with extensive music backgrounds and intense training on the latest products and technologies. They are available to offer you personalized product advice any time you need it.


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Really? Someone is leaking things you obivously have kept under wraps for a reason. They obviously have a launch strategy and this wasn't a part of it. Sounds like it would require someone high up to look into it and make a decision.
I don't think the higher ups are needed for this ;)
That may or may not have happened but things will be sorted out once proper people are notified. The issue here isn't the single user in particular but how to handle this situation as more and more cases arise the closer we get to launch. Being that he's the first he gets direct attention.


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Product Description
By: Crown Mark - 5280 - Bennett Espresso Futon Sofa Bed Couch
This awesome espresso bicast leather sofa bed has a deluxe movie section where the middle section comes down to allow for your drinks. It also lays flat becomming a bed making it a versitile futon couch bed.
Sofa: 71" X 34" X 35" H
Bed: 71" X 44" X 17" H


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Construction Starts on Controversial Upper West Side Charter
A $500,000 construction project has started so a new charter school can open inside an Upper West Side high school building — but the work could come to a halt if the teachers union and the NAACP win a lawsuit.
Construction workers were seen Monday going in and out of the Brandeis High School building where they city said they're converting an office into a classroom for the Success Academy Charter School and have plans to make a new lunchroom so the charter's elementary students won't have to share the main cafeteria with five high schools currently using the building.
The Success Academy is among 15 charters that the teachers union and the NAACP are trying to stop from taking space inside regular schools the city claims are underutilized.
The union and the NAACP claim these "co-locations" violate a state law that says space and resources, such as libraries and gyms, must be distributed in an equitable way whenever a charter moves into the same building as a regular school.
A judge heard arguments last month and has yet to make his ruling.
Meanwhile, the city agreed to limit construction at the school sites covered by the lawsuit, in case the judge blocks the co-locations from taking place.
A law department spokeswoman, Connie Pankratz, said allowable activities include painting walls or upgrading air conditioners. She said creating a new cafeteria inside Brandeis is also covered because it involves converting the equivalent of four classrooms that are now only used for storage, and will not diminish the space used by the high school students.
Some parents involved in a separate lawsuit over the Brandeis campus think there shouldn't be any work at all right now, according to their attorney Jon Brooks.
The Upper West Side charter is hoping to open in August. It's part of a chain of charter schools run by former city councilwoman Eva Moskowitz. More than 180 kindergarten and first grade students have been accepted.


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|Thread Tools
Servicing LE42 Chrysler Electronic 4 Speed Auto
I been doing some reading in a pretty good manual regarding this Intrepid of mine with nothing but a 2nd gear in forward. This is called "failsafe" or "Limp Home Mode".
Because I have the shift indicator LED's all lit when its in any gear, I been able to narrow down the problem to a small handful of things. Unfortunately the service shop I took the car to to have the transaxle scanned told me that it did not "throw" any codes, so it can't be diagnosed. They said there are a few Chrysler cars that can only be scanned by dealership scanners, but cost is a problem and trust is another.
But before I rip the valve body out, there are a couple simple things I heard that might also cause the problem.
1. I heard that if the battery voltage is too low, the transmission will go into "failsafe" 2nd gear operation. I don't have any real "symptoms" of a low battery or bad cell. Is there any way a battery can be bad without anything obvious. It starts OK all the time, but its an old battery, and the last guy that owned said it needed a charge to get it started.
2. There is a transmission relay of some kind under the hood in the "power distribution center" that can also cause the failsafe.
If its one of these, I could be running good in no time. Then there is the other things that it could be which are not all that expensive, but its so cold I can't tear the thing apart. And I don't want to lose pieces in the snow from the valve body or accumulators. So this is the other things I might have to do.
1. This thing has a "neutral safety switch", but its called either a Manual Valve Lever Position Sensor (MVLPS) or Transaxle Tange Sensor (TRS). You have to take the valve body off to replace this switch.
2. Then it could be the "Manual Valve" which is a valve that clips into the valve body. You also have to take the valve body off to replace this. Thing is, I can't seem to locate the part?
If any of you have experience with this LE42 or "A606" Chrysler transmission, please share some of your woes with me. This transaxle is used on all kinds of Dodges, Chryslers and Plymoths, and I even think its used on some Jeeps.
in a previous thread someone ask the same question,if all lights stay on when gear shift is moved the most common thing that will cause this is manual lever position switch . which is inside on valve body . tranny shop is you best bet here find the one in your area you feel comfortable with. never use 42 le in any jeeps... 42 RE rear drive tranny 46RE (45rfe) was near in design but still rear drive. most good tranny shops now can do good diagnosis on these cars we are just as good as any dealers with good tools
Having worked both places, tranny shops and dealerships, I would say go to tranny shop. Unfortunately, the people in the dealerships don't have the trans experience that they really should. They do everything, not just trannies.
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