interesting. Oh, no, it goes also just. All right, good afternoon, everybody. Welcome to the Amherst Community Chat for Thursday, January 28th. Today, we have two special guests joining myself and your town manager, Paul Baucherman. First, we have planning director, Chris Brestrup joining us, as well as Amherst Town Engineer, Jason Skeels, with the great background there that you can see. So before we get started, I just want to remind folks that you will be able to ask questions live. You can use the Q&A function within Zoom. You can press star nine if you're calling from a phone to raise your hand or raise your hand with Zoom and we'll bring you into the room live to ask your question. So before we have our guests introduce themselves, I will give Paul a chance to give any updates he has. Thanks, Brianna. So there is a ton going on in the town and Chris will test to that. There's a lot of projects in the planning department. First and foremost for us right now is getting the vaccine into people's arms. We have been doing phase one, which is in effect until it continues and then phase two begins February 1. We have done over 500 first responders and medical workers so far at the Banks Community Center. We will be moving into phase two or at this point we're only allocated 100 doses of the vaccine for phase two. So we will continue to offer that and continue to advocate at the state level to give us additional vaccines. We're responsible for eight communities on this of Hampshire County on this side of the river. So that's a drop in the bucket to what our need is. You should be aware that the town staff are prepared and set up to do thousands of doses at the Amherst High School when they become available. So we're prepared for it. It's just a matter of supply at this point in time. There's been a lot of confusion at the state level, mixed messaging at the state level. We're handling a lot of phone calls from folks, so we appreciate your patience as we get through it, but we will be moving forward very productively, I think. So that's the big thing for in terms of news and what concerns people the most, Brianna. Thank you. Thank you for mentioning that, Paul. We've been getting a lot of calls and emails and we're hoping to have more details for folks soon about how to get the vaccine. So I'm going to ask Jason Skeels if he'll introduce himself. Tell us a little bit about his role in the town, how long he's been working for the town. So take it away, Jason. Hi, Jason Skeels. I'm a town engineer. I work at Public Works. Been here a little over 20 years, if I include my intern years. I don't know. I work on all sorts of planning and design projects, review plans. You name it. It's a mixed bag. All right. Great. Thank you, Jason and Chris. I know you're not, this is not your first appearance here, but why don't you introduce yourself to the folks who are listening today? Hello, I'm Chris Brestrup, Planning Director and I also had intern years here. So I'd say I'm up with Jason at about 20 years working with the town. It's been a great time and it's been really exciting and lots of different things are happening and it's very rewarding work. The Planning Department is involved in a lot of projects working on things like we just finished Graf Park, which was really a terrific collaboration with the DPW. We're going to be building a playground in Kendrick Park. We're working on the intersection of Pomeranian Route 116. We've got zoning initiatives and we also do a lot of permitting. So we're really kind of, we do lots of different things. And like I said, it's very exciting and each day is different. So I know today our main focus was to talk about the Pomeroy Village Center project, Pomeroy Lane Intersection Project. What is, what's exactly the name? What are we calling this? I think we're calling it Pomeroy Village Intersection, aren't we, Jason? Yeah, it's been in the works for several years. So yeah, but I think that's our main focus now is that. So I know probably people who are here might know a little bit about the project already. Is there like a quick explainer sentence or two, maybe more that you could say what this project is before we start it with questions? Well, we're looking to improve the existing signalized intersections that they're either with a potential roundabout project or an improved signalized intersection just to make everything function a lot better, safer, and more efficient than it currently is. So the problems are that there really aren't very adequate sidewalks. I don't think there are any bike lanes. Infrastructure for bicycle travel is really limited. The bus stops are very minimal as well. And so what we're trying to do is make it easier for people to get around in that intersection, including vehicles. We want vehicles to be able to traverse the intersection without a lot of interruption. And right now there's a lot of queuing that goes on north of the intersection in the afternoon when people let out from UMass. So we're trying to make it better for everybody. Great, thank you. So I'll encourage the new people who've just joined that we'd love for you to ask your questions. You can go into the Q&A or raise your hand in Zoom, star nine from the phone. One question I think that is out there, and you might have mentioned this, Jason, a little bit. You've been working on this for a while. What's the history of this project? And, you know, how long has this been in the works? Boy, so 116 used to be State Highway. So they came up with an intersection plan 17-ish years ago, maybe a little more. The town decided they wanted a little bit more of a hands-on approach to the intersection design. So we ended up taking over large stretches of 116 as a townway. And then we've been working on a design and working on funding. Ever since then, off and on, as opportunities came up for funding, we would apply. So we've applied a couple of times, I think, and this time we finally got the MassWorks grant, which is great. Now we just need to fit the project to the budget and we'll move it forward. Can one of you talk a little bit about what the importance of getting the MassWorks grant and what that process was like, and just a little bit about what that is for people who are tuning in? So MassWorks is a kind of one-stop shop for lots of different kinds of infrastructure projects. And they have a grant program whereby they give money to cities and towns to do infrastructure work. And what that means is work on roadways or work on sewers or different things that all the people in the town share. And each town puts forth its idea of a project and it usually needs to entail some sort of economic development and also increasing the number of jobs in the area for people. So we had to show that the work in the Pomeran Lane intersection would be beneficial for economic development. There's some proposed development that is going to occur in that area and that it will also improve the jobs for people who work around here and live around here. So it's not just an infrastructure project, it has bigger goals and outcomes related to it. So what's included in the plan? Is it just going to be roadways or are there other elements to the project that people can expect to see improvements in? Well, there are going to be new sidewalks probably on all four legs of the road. New, I shouldn't even say new, we're going to put in curb ramps so people can get down from the sidewalk onto the road and crosswalks for all four legs of the road. Bus stops, I think there's a bus stop north of the intersection on the west side of the street and a bus stop south of the intersection on the east side. So those two will be improved. There's a bus stop on Pomeran Lane going towards the Munson Library which is also going to be improved and then we'll be putting in facilities for bicycles to make it easier and safer for them to get through the intersection. And in the case of the signalized intersection, if we decide to go that route, we would put in new and improved traffic signals. And this question might be more directed towards Jason and his capacity as an engineer. So this person's noting that sometimes traffic can really get backed up here. Will this project address that situation? In either case, we would have a much smarter system whether it's a roundabout that can handle the traffic a lot smoother or if we go the signalized intersection route, we would have a smarter controller with more automated detection that wouldn't, if the automated detection sees a backup, it extends the leg of that green light. So in either case, roundabout or signalized intersection, it'll be a more intelligent, you know, more current standard of traffic flow. So it would, it should, we should be able to overcome anything that would, you know, any of those backups. So we have a question from someone in the room. We talked a little bit about this, but they're asking if these improvements are also meant to support development in this village center. It sounds like you talked a little bit about that. Is there anything more you can say about how this project will support development? Well, we understand that one of the property owners on the northwest corner is proposing a new residential development probably on the order of eight to 10 or possibly 12 dwelling units. There are already a couple of mixed use buildings in that area and just north of this is a property that has a house on it, but it doesn't really have much else in that and that could be developed into townhouses or apartments. And it's going to be a small, like I said, it's probably eight to 12 units. In addition to that, we know that some of the commercial property owners there and business owners want to expand their businesses. So this may provide, you know, a benefit to them as well. That's great. Thank you. I think one thing people always ask is about traversing these areas with their bike and trafficking on their bike. So are there any specific elements? I know you mentioned bike lanes. Can you talk a little bit more about the bike lane component of this project and maybe Jason, if you wanted to start? So in either design case, again, roundabout or signalized intersection, we've talked about having dedicated bike lanes at least, you know, minimum three, maybe four feet wide in the road, as well as having a potential multi-use path on one side of the road, be the west side of the road. We're looking at about an eight foot wide multi-use path. So that, you know, it's sort of for cyclists of all levels. There's, you know, you've got the more competent cyclists that want to be in the road or the more, you know, maybe the family with younger kids that don't want to be out there in the road and they can use a more dedicated wider bike lane or bike path, multi-use path. So Jason, you live in Amherst and you are a dedicated bicyclist with a family who are bikers as well, right? So you get it. I've seen you ride your bike in the Hadley just for events. So yeah, my girls love going for ice cream on the bike path. So there's been a lot of talk from both of you just in this short chat between enhanced signalized intersection and then a roundabout intersection. So sounds like maybe those are the two options that you're weighing. Would it be helpful if we kind of, we brought up some slides from your presentation that you made the other day to just show folks what the difference are between those two things. And then there's the question who gets to decide how it will be, how will this be decided if it's a roundabout or an enhanced signalized intersection. So if that's helpful, I'm going to bring up the slide that talks about the enhanced signalized intersection first. And then if either of you want to speak to that, feel free. So this is a signalized version. So in this we would get two dedicated left turn lanes, both northbound and southbound. And that's a lot of times the problem with the queuing is there'll be a car making a left hand turn and then traffic gets backed up behind them. So by adding the dedicated left turn lane, you have space for the straight through vehicles to fit through while the light, while the signal is active. And you can do, there's all sorts of combinations you can do with dedicated left and straight or different phasing opportunities to keep the, you know, keep the traffic queuing down. You can see, well it's hard to see at this scale, but the sidewalk on the west side or left side of the screen is the eight foot wide multiuse path that would accommodate cyclists and other users. And then you've got, we've extended sidewalks down Pomeray Lane on both sides. And you can see the bus pull-offs get moved further away from the intersection so that they're not in conflict with the queued traffic. And should I flip over to the roundabout? Okay. And so on the screen now we've got a little bit of information about the roundabout intersection. So if either of you would want to speak to this. I mean, this is very similar. It takes up a little bit more space. We'd need a little bit more of a property taking on all the four corners. But, you know, we've had a lot of success with the roundabouts. They really improved intersection safety. They allow for multimodal users like bicyclists and vehicles to kind of exist in harmony. And then again, the same scenario here, we've got the multiuse path. On one side and extended sidewalks on all four sides. And so how will the decision be made? And at what point will the decision be made? Which direction the town will go in? There are going to be conversations over the next several months about this. And the members of the public will be brought into the conversation. The ultimate decision is with the town council members. And they need to make that decision by, I believe it's by June, because that's when the project really goes into full, full, you know, whatever. I don't know, full drive, I guess. That's when the engineers really start, you know, surveying everything and doing their engineering work and putting their construction drawings together. So they need to have an answer from town council by June to know which direction to go in. But meanwhile, we're going to be doing a lot of public outreach to get the public's input on this project. And I'm glad you mentioned that, Chris. You know, so one new tool that we're hoping to use for this project in terms of public participation and input is our Engage Amherst site that's about to be officially launched, where we'll have information on the project. And at key intervals within the project, we'll have the opportunity for the public to weigh in on elements of the project. So here's another question from the room. Will the design take into account possible need for pedestrian bike access to Hickory Ridge, assuming the town acquires that property? That's a good question. Hickory Ridge is kind of far down the road. And there are issues with regard to crossing a wetland on West Pomeray Lane. So that is a little bit more of a challenge. It's not actually part of this project to connect to Hickory Ridge. But I think eventually that would be something that the town would want to do. For the amount of money that we have available to us, which is $1.5 million, sounds like a lot, but we have to kind of keep our focus on the actual intersection itself in order to get this project done for the amount of money that we have available. Great. Thank you, Chris. So I have another question in the room. It's kind of a pivot from what we're talking about now, but that's okay. It's very topical. How often does the town get new additions of the vaccine allotments? Well, what they have told us to expect is 100 doses a week through February. And I think that we are continuing to advocate to get additional doses from the state, because we think there's a great need here. We are responsible, as I mentioned earlier, for the eastern part of Hampshire County. And so that's a pretty big catchment area. And so if we can get more doses, we could get more doses into people's arms. We have the capacity. So but right now it's a weekly allotment. And if we get an allotment, we have to use it within 10 days, which we could easily do. And just to be super clear that 100 doses per week for right now is not just for Amherst. It's for all eight of the communities that we're servicing, just to kind of keep that in context. But may I interject something? I believe that others will be distributing vaccine as well. So it's not just the town of Amherst that will be distributing vaccine, but at some point the state will make arrangements with pharmacies and doctor's offices to do this as well. So it won't just be limited to the 100 doses that the town of Amherst has. Exactly. And one of the things that we're recommending for folks is if they are able to get their vaccine another way from a provider or an additional clinic that does get set up to not hold off to get the vaccine as soon as possible wherever they can safely get it from. So good addition there, Chris. So we let me see if the room, any hands in the room, any questions in the room live? Raise your hand in Zoom, star nine from your phone or use Q&A. So I have a question for Jason. I think if we were to, we're going to move forward on this project, but we have to have construction completed by 2024, is it? Is that right? I believe so, yeah. The funding is 2022, and then, yeah, construction would be complete. I think we've got it. If everything goes to schedule, we'd probably be thinking more that it would be complete summer 2023 or spring 2023. So we'll be leading into FY 24, which would start in July, right? So what people should expect is that we'll be doing design during the course of the rest of this calendar year for the most part in community engagement because we know this is a big topic for every, in fact, it influences a lot of people, impacts a lot of people, and that, but once we get the design done, we do that go out to bid, and then there's the construction. It'll be a big construction project, I assume, for a months, right? Yeah, it'll take a while. It's a lot of work, and especially to make, to allow traffic to get through as well and do the construction, ends up, you know, dissecting your construction job into parts and pieces. They can't just close the town and build it. That would be easy. But yeah, they'll have to be detours and, you know, diversion, traffic diversions here and there while it's going on. Oh, go ahead. I was going to say we have a question in the room that's probably relevant to both Jason and Chris, but on a different project. Can you describe who will do what at Kendrick Park to finish the playground by the deadline? The contractor is out there working now, even as we speak. Well, not today. Not today, all right. They had to pack it up for, it's frozen. Oh, after it's done. Everything's frozen solid, so he had to take a break, but he was, he was busily working last week on getting the drainage in. So over the course of the next few months, they have to finish by the end of May, I believe. Yeah, there should be plenty of time in the spring. All the materials are getting ordered now, so there shouldn't be any hold-ups with anything like that. He's got the base ready at least. He's, you know, he's, they got in as soon as they could when the weather permitted. Yeah, and all the play equipment has been ordered and it's being stored. Yeah, that's all stored. So June 2021, we'll have a new play space on Kendrick Park, it seems. Yeah. That's great. All right, so I'm going to give another chance, as we close in on our half hour here, another chance for people in the room to ask their questions, to pop their questions in the Q&A or raise your hand. While I'm waiting for that, I'll just take a quick chance to plug the vaccine info session that we're going to have next week on Tuesday, February 2nd at 7 p.m. with our Public Health Director and Dr. Drs. Garcia and Levin from Cooley Dickinson Hospital to provide some vaccine information, as well as allowing a chance for people to ask their questions of our special guests. So that is next Tuesday. The information is on our calendar, on our website, and on our social media channels. All right, so I don't see any hands live. Is there anything, Chris, Jason, that you wanted to say about the project, any call to action for folks, anything you want to leave people with regarding this project or other work that you've got going on? I wanted to say that things are going to look a lot better once this project is done, whichever plan we choose, because it's kind of messy and deteriorated right now. So we'll be fixing up the street and the sidewalks, but we'll also be adding some trees, which will really make things look better. So it's really going to be a much nicer entry into our town than it is currently. So it'll be something to make us proud. And I think that's a good point, Chris. You know, you come in from certain parts of town, you get to see that nice roundabout that we have downtown with our welcome signs. Would that be something similar as people approach Amherst from the self now? Will they kind of get the sense that they've arrived? I hope so. And, you know, we do have a wayfinding sign system project that we're working on right now. We didn't go as far south as the Pomeranian Lane intersection, but that could certainly be something that we could consider for the future to put in some signage down there, some welcoming signage. I think one of the ideas on this is it'll help solidify the Pomeran Village as a place. It'll help people feel like they can navigate through their on foot, on bike, and go and stop and visit some of the businesses and help to spur additional business development as well. Right now, we understand that there are people who work over in the offices who like to go across the street to get a meal, and it's challenging for them to cross the road right now. And what's not noted is the proximity to many of the large apartment complexes on East Hadley Road that is actually quite walkable with the purchase of Hickory Ridge. We'll be able to put some walking paths in through there. So I think that that's a huge advantage and one of the benefits of this project. So this project has been around since the late 1990s. I did some research, and that's approximately when the state was promoting its very wide, very sort of overblown version of this intersection. Highway intersection was the design concept. I heard it compared to an airline or, excuse me, an airport like landing strip. Runway, yeah. It used to have just four stop signs. Is that what used to be there? Just two stop signs. Two stop signs. And a lot of broken tail lights and headlights. I used to go down there in college and they were pretty close to, you know, you could count on at least one accident a month. Well, I would go through that intersection when I was in college at Hampshire and that because that was the closest liquor store. Not that I bought liquor at that age, but you know. But R&P was at a different location at that point. So I do not see any additional hands. And I know, Chris, you got a chance to give us additional information. Jason, is there anything else from like the public works engineering perspective that we didn't get to touch on today that you want people to know? I mean, I guess I would put a little bit of a plug in for the roundabout design. They really do improve safety. I know some people are down on roundabouts and there's a lot of people get anxious about them when they're in the still in the conceptual phase, but they really do improve safety. You can't control people driving through the signalized intersection. People can still run stoplights, whereas the roundabouts, they create that sort of natural traffic calming. They reduce all the conflict points, so there's not as many big dangerous t-bone intersection collisions. So they really are a much safer intersection design when we go towards the roundabout designs. It reduces speeds, reduces conflict points, and just makes it overall safer as far as, you know, especially with vehicular crashes. So I would plug the roundabout if there are any things then. Team roundabout over here. We'll get you a t-shirt. Okay, so I am going to say for the folks who are listening, this is going to be recorded if you needed to share it with friends, neighbors, or anything like that. We'll have more information coming out on how you can follow the project, stay updated on the information, and when it comes time to share your feedback, we'll have that all posted in all different ways on our website and on our social media channel. So please stay tuned for that. If you want to see the full presentation that was made, you saw a couple slides of it, it is available up on the recording from the council meeting from Monday, January 1st, January 25th, excuse me, and it's also part of that packet, which you can find online at amherstma.gov slash town council. All right, Paul, any last words from you? Oh, appreciate everybody being here. All right, thank you. Thank you all, and thank you to Jason and Chris. We will see you all next Thursday at noon. Have a good one. Bye.


Hello everybody, HoodedCobraCommander788 here, I'm back with another vintage GI Joe toy review and this time I'm doing another requested review video. I'm on a roll with these requested reviews, I'm knocking them out. This is a good time to remind everybody, you can request a vintage GI Joe toy to be reviewed on this channel. All you have to do is leave a comment in the video and let me know. I try to get to all requests, but some I get to quicker than others. It really depends on whether or not I already have the toy or if I have it completed. But I do try to get to all requests so if there's something you'd like to see on this channel just let me know. This time we're going to look at the 1986 GI Joe Communication Specialist Dial Tone. Let's check him out. This is GI Joe's Communication Specialist Dial Tone. He was first introduced in 1986 when he replaced the original communications officer, Breaker. Breaker of course was one of the original Green 13 from the first wave of GI Joe action figures introduced when the line was relaunched in 1982. The swivel arm version of the Breaker action figure was discontinued in 1985, so there was a year between the time this figure was no longer available and this figure came out when GI Joe did not have a radio man. Dial Tone was discontinued in 1988 and he wasn't immediately replaced with anyone who took that role. In 1987, Lieutenant Falcon came with a communications backpack, mine is missing the antenna, but he wasn't really a communications expert so he did not replace Dial Tone. Dial Tone is wearing a black beret and in my review of the Flint action figure, I listed some other GI Joe figures that were molded with a beret and I forgot about Dial Tone, which is a really weird thing to forget. I had the Dial Tone action figure at the time. He was sitting on the shelf staring at me, but I just forgot. So let's update that list and let's do it right this time. We have Stalker who has a beret, Flint Dial Tone, Lieutenant Falcon, and sort of Beachhead, although Beachhead does not have his beret on his head. Let's take a look at Dial Tone's accessories starting with his weapon and the contents of the card on which the action figure was packaged calls this a 9mm Parabellum submachine pistol with silencer. And when I look at this thing I say what?  A machine pistol is usually built up from a semi-automatic pistol design. A submachine gun tends to have a longer barrel like this does. The 9mm Parabellum refers to the bullet. The Parabellum round is generally used in handguns, although it can be used in submachine guns too. It gets the Parabellum name from the Latin phrase, Sivis Peicum Parabellum, which translated means if you seek peace, prepare for war. That old adage, by the way, does not always hold true, so like any old adage it should not be taken as absolute truth. There's some great detail on this accessory. I really like these slotted vents along the barrel. That looks really cool. I have not been able to find a real world equivalent of this submachine gun, actually spent some time looking through a lot of photos of submachine guns, and I was not able to find an exact match. I found a few that were kind of close, but not close enough for me to say that this was based on one of them. For some of you gun experts out there, maybe this just obviously fits some design that you're familiar with, but I wasn't able to find it. Pyletone's other accessory is his anti-scrambler backpack with microphone, and I think this looks pretty good. It looks pretty high-tech. It has this microphone that will swing down over the head of the action figure. That looks pretty good too. Allegedly, you can remove this microphone, but I wouldn't try it. That's fixed pretty well on there. I would just leave it alone. This is a nice high-tech looking backpack, and it makes Breaker's old communications backpack look pretty low-tech by comparison. Pyletone's backpack actually reminds me a little bit of the communications backpack that Breaker got in issue number two of the G.I. Joe comic book, when he got kind of a beefed up, higher-tech version of his own backpack that could not only send and receive radio communications, it could get faxes and do video teleconferencing and stuff like that. I think the strangest thing about it is the color. It's made out of this light gray plastic, almost white, like the submachine gun. A normal Army communications pack would be either olive drab green or some other appropriately camouflaged color because, of course, unless this is carried by an arctic trooper, which dial tone is not, I don't know why you would want a communications backpack in this color. This backpack is not just a glorified cell phone. This thing would do things that your cell phone just can't do. It would be more akin, probably, to a satellite phone. It has to encrypt signals, it has to scramble signals, it has to do things that, you know, your cell phone is not going to do. This thing has to operate in places where there are no cell towers. It certainly is big and bulky, and it does look like 80s tech, but this is not something that would be replaced with a cell phone. Let's take a look at Dyletone's articulation. He had the typical articulation for 1986 G.I. Joe action figures. That means he could turn his head from left to right like that. He could also look up and down. His neck was on a ball joint. He could move his arm up at the shoulder about so far. He could swivel it all the way around. He had a hinge at the elbow. He could move at the elbow about 90 degrees. He had a swivel at the bicep. He could swivel his arm all the way around. The figure was held together with a rubber O-ring that looped around the inside, so it could move at the torso a little bit. He could move his legs apart about so far. He could move his leg at the hip about 90 degrees. He could bend at the knee about 90 degrees. Let's look at the sculpt design and color of Dyletone starting with his head. On his head, he has a beret. It's a black beret. He's one of a few G.I. Joe action figures that got sculpted with a beret. In the 1980s, this black beret would have been worn by U.S. Army Rangers. Currently, it is the standard U.S. Army headdress for dress uniforms. His beret flash, judging from the art on his file card, most closely matches the third special operation support command. But as far as I can find out, that particular beret flash is no longer in use. He has brown hair, kind of long hair in the back, and he has a mustache. These mustaches were very common on these 80s G.I. Joe action figures. In the 1970s, the 12 inch G.I. Joe figures got beards, and some of the 80s G.I. Joe action figures also had beards, but a lot of them had mustaches. The 80s was the decade of the mustache. On his chest, he has this green, it's kind of a forest green pullover vest that is over a khaki shirt. And this, of course, is not your standard olive drab green, but I do like it. It's kind of a vibrant green color. It looks really good. It reminds me a little bit of the pullover sweater that Crane Case is wearing in almost the same color, but not quite. I don't know, a little bit of a similarity there. And of course, Crane Case also has a mustache.  He has one that goes diagonally and one that goes over his shoulder. In the back, though, they are parallel, and this, of course, would be the straps for his communications backpack. He has some pouches and a couple grenades. He has khaki sleeves and on his right arm, he has this silver device, this piece of technology. Not really sure exactly what that's supposed to be. He also has silver cuffs on both arms. Again, not sure what this is supposed to be, some kind of wearable technology. And he has black elbow pads, forearm pads, and that's cool. I like that on both arms. He has black gloves with these patches here on the top of his hands. Pretty good looking arms. On his left arm, he has a patch and it looks like this comes from something in the real world that is not a patch. It looks like the beret crest of the US Army 10th Special Forces Group. And as far as I can find out, this is no longer in use. On his waist piece, you can see he's wearing black trousers. He has a brown belt and he has a silver belt buckle. We can see how the belt goes around to the back and he has more devices hooked to his belt. Again, not sure what those are supposed to be. They're just little bits of technology. There's some kind of a design on his belt buckle but I can't quite make out what that's supposed to be. He has black legs and on his right leg he has another silver electronic thingy and on his left leg he has a big pocket. On his knees he has some knee pads and I do really like knee pads, I've said that before so as many knee pads as I can get I'm happy. He has these boots which are also in the same sort of forest green that his vest is in as are the knee pads. I don't know how you get boots like this other than spray painting boots this color. It's a very unique color for boots but it does fit with the color scheme of the action figure. On the left side on his boot he has a black knife. Let's take a look at the file card and this file card was printed on the back of the card on which the action figure was packaged. You can see some of the artwork from the front of the card here. It has this factionist GI Joe, it has a portrait of dial tone and it has his codename as dial tone. For those who don't remember regular landline phones, a dial tone was a signal that the switch gave you when you picked up a phone from the cradle to let you know that the line is open and it's ready to receive a dialed phone number. This portrait of dial tone where he's sort of looking over his shoulder like that sort of mirrors the artwork on Breaker's file card where he's doing the same thing only in the opposite direction. His specialty is communications and his file name is Jack S Morelli. He is named after John Morelli who is the Marvel Comics editor who edited the GI Joe Order of Battle miniseries. His primary military specialty is radio telecommunications, his secondary military specialty is infantry, his birthplace is Eugene Oregon and his grade is E4. This section says dial tone built his own crystal set when he was 10. Crystal set is referring to a crystal radio set which can be built from scratch or from a kit. At 14 he was part of a CB net and had his own ham station by the time he was 16. CB is referring to Citizens Band Radio which is a short range radio communications band. Ham radio just refers to amateur radio operations. Dial tone made all his own equipment, buying parts with quarters earned bagging groceries. He saw the army as a means to furthering his education in his chosen field and quickly found that instead of a stepping stone it was a goal in itself. Manning a radio in the field wasn't just passing time, it was a job with a purpose. So dial tone was a technology nerd who joined the army and then found that the army life suited him. This bottom section has a quote. It says one of the scariest things that can happen to you out in the field is to lose contact with your base. That means you are alone. Sorry it's all caps there so apparently it's shouting at us. No artillery support, no airstrikes, no medevac, no extraction, no nothing! If the file card wanted to emphasize these words it could use italics or underline rather than shouting at us. The cavalry ain't coming until the man with the radio tells him to. Oddly this quote in the bottom of the file card says nothing about dial tone. It just talks generally about the purpose of a radio operator. Taking a look at the dial tone action figure overall, it is a really good looking action figure. Although he isn't strictly wearing entirely military colors, the colors that he is wearing are fairly subdued except for the accessories which are in this light gray plastic. That's a bit harder to explain from a real world perspective but from a design perspective these lighter colored accessories balance the other colors of the action figure very well. It is an excellent design for an action figure just kind of looking at the figure on its own without thinking about how this would work in a real world situation. It looks really good. It's got a lot of great detail where it needs it. It's got a very nice color balance and a nice choice of colors. It's very very well done. Both the figure and the file card have many points of interest. These little random electronic devices that he's wearing provide avenues of play. You can imagine them to be anything. So if you're playing and you need some special electronic device to defeat Cobra, well dial tone has it. Dial tone's first appearance in the G.I. Joe comic book was an issue number 56 where he was a part of a G.I. Joe assault on a cobra terror drone in the fictional country of Sierra Gordo. I'd have to say his first appearance in the comic book was not exactly memorable because I didn't remember him even being in that issue. I had to go back and check it. I'd say dial tone was somewhat underutilized in the comic book. In the G.I. Joe animated series, dial tone is featured in an episode in which he is sacked by the G.I. Joe team. But that all turns out to be a ruse so he can become a double agent and infiltrate a cobra secret project.  He's a highly trained communications specialist. He really couldn't find another job anywhere else. That's a weird episode. The figure and the accessories have a very high tech feel to them, but they don't feel excessively science fiction-y. They feel like they could exist in the modern world. I don't really see dial tone as a combat troop. I see him more as technical support for the team, although with a very important role. Comparing him with the original radio man, Breaker, obviously dial tone is better designed, better constructed, but he can never outshine Breaker in my mind because Breaker was the very first G.I. Joe action figure I ever got when I was 7 years old. So Breaker has a special place in my heart. But dial tone is a pretty good replacement and a very good looking action figure. That was my review of dial tone. I hope you enjoyed it. If you did, don't forget to give it a thumbs up on YouTube and don't forget to subscribe. There are a lot of great new G.I. Joe toy reviews coming up. You don't want to miss them. And don't forget to like the Facebook page. You get a lot of updates there. You don't get anywhere else. Thanks for watching and I'll see you next week with another vintage G.I. Joe toy review. I'll see you then. I was going to do this whole skit about the mustaches, but I changed my mind.


Hmm What's up money gigs mr. V here welcome to another video guys so into this video we are going to talk about tickets and book QS Quantum skip This is a company that we've covered here on the channel multiple times you guys know that this is I mean I believe in technology that's gonna change the way we do things and so this company came out and just Blasted through the market went from like a no-name Trading under nine dollars We started the year and today the company is somewhere at about a hundred and something dollars trading So I want to give you guys some price prediction and see where it is an entry point that some of you guys there missed out on the Opportunity you can start looking at start getting into the stock So that's what we're gonna cover into this video But before we get started guys if you're new to the channel We took about how to earn money how to save money how to invest and build wealth So that's something that interests you go ahead and hit that subscribe button any notification But you don't miss out on new content and also guys the best way you can support my work here There's several ways you can but the best way is just to give that thumbs up and share this video with somebody that you Think would find it useful. So quantum skip for you guys that haven't Read about a company or know anything about a company. I did a detailed video really going in-depth looking at the Investor presentation which I can hook up here so you can definitely go check that out So today my focus is just going to be on the price movement for this company because if we look at what they are Predicting the future of this company is crazy. You're thinking about Tesla being Tesla if these guys can the technology that the building effect if it actually works and again That's a caveat if it works because right now it's a concept. They've shown some tests In the numbers which is crazy because I saw people at MIT and Yale and all these big Universities really drooling over the technology the research that's going on So I think again for me, I'm looking at hey if this is breakthrough technology I don't want to sit on the sideline I want to get in on this one and watch it and be along for the ride because most people that turn They're back on Tesla look at someone like Jim Cramer He didn't come around to start really being bullish on Tesla until 2020 so again I when I look at technologies like this I'm gonna risk some money and put it in there and make sure that can go along for the ride So again what happened in the market what happened to Quantum escape. That's what we're gonna be looking again today. You can see here. This is the one month movement So if we look here, this is November 30th The stock was trading about forty three dollars, right? And then fast forward to December 22nd The stock was at a hundred and thirty one dollars and some change and then Since December 22nd is the sudden pullback down Tesla 110 came down to as low as even 101 which is today and Guys, this company has again in my opinion as potential But the risk is very high because it's not a profitable company. They don't have any sales yet So we're just buying a concept Until this that selling and start showing some revenue. This company is still a very very risky company So again, think about investing in Tesla in the early days before they started manufacturing This is what you're gonna be doing with quantum escape Surprisingly for these guys they came out straight out of the gate because of the fact that we already have EV cars out They they just looking for better batteries. That is why quantum escape came out. She's jumping So let's see exactly what happened Tuesday this is Tuesday. So the price actually dropped down to 96 dollars. So guys I did trade at this stock. So I bought it at 96 It went up to a thing one or three. I sold it again I have a position in the stock. So today I was just day trading it But then for those of you that don't have our position in this particular stock This would have been a spot that you can start picking up some shares When you see a dip like this, you pick up maybe one two or three and just hold it if we If it comes back again, you keep adding But you don't win in thing that you have to just wait until you have a lot of money to go in and buy because it's not It's not a cheap stock. I mean we're talking the stock I was trading at 130 dollars just about a week ago So again, when you see pullbacks like this This is an opportunity for you to get in and buy some and just hold and see what happened So again for quantum escape, I'm bullish on this. We're gonna see maybe some up and downs But as you see opportunities like this under a hundred dollars You start picking up start picking up some shares and loading up on this thing because as soon as we have The new administration comes in the promise to go Hard on EV they want to push EV as hard as they can So you're gonna see companies like quantum escape skyrocket You're gonna see quantum escape this thing can go easily to two or three hundred dollars next year I mean like it's just gonna the way I'm seeing it if they stop proving the technology and start really testing it in Vehicles this thing is gonna blow up massively. So under a hundred dollars to me It's a place where you don't want to skip it You want to make sure that you catch that one under a hundred dollars and hold it and just see if another opportunity Comes around you catch a quantum skip to me has shown that they have you know what it takes so far But we need to see it in production I things that you show me in the lab is different from stuff that you show me that It's down running on the street running on the freeway. So these are the key things again That is selling about the battery stores more energy than the current batteries that we have in the market Number two is that it charges faster than the current batteries that we have in the market Lithium ion batteries and these guys are building a solid state Battery and in number three is that the life of the battery lasts longer than the current batteries in the market because it doesn't use Liquid it uses a solid. I think it was a cathode or whatever I don't know the details But they said the life of the battery lasts longer and then safety because it doesn't uses liquid It doesn't explode as much. So it's safer. It's not it's not flammable Which is awesome and then last but not the least guys the cost of the battery is Relatively cheaper which is good because this is what drives the price of most electric cars It's the battery. So again, I know I've said this over and over I usually come back here just to make sure that you guys understand what you're investing in If you notice my style, I don't just come and tell you like hey this stock is gonna pop Just go out and buy it. I that's not my strategy. I don't operate like that because that's not the way my brain works I want to see show you guys why you should consider investing in the stock I tell you what the company does I tell you the problem in the market that the company is solving and then I can let you Figuring out if you want to get into it not just like a go buy this because I think it's gonna pop No, here's a company This is what they do and this is the problem in the market that they're trying to solve and I believe that that's a Really really tangible issue and need a solution. So I'm gonna consider investing. So that's my style So again guys, let me know in the comment section Did you buy the deep on Quantum escape or you missed out on the dip and again if you did miss out on this on the dip Please don't beat yourself up because this is just the market these opportunities are gonna come around Over and over again So don't panic and go buy at the top again Just wait because when this thing was trading at 1 31 I'm pretty sure everybody's like oh I missed out and some people probably bought at that 1 31 because their mindset was It's gonna keep going up. So wait for it to come back to you So if you had just been patient from we're talking about December 22nd to December 29th, if you were patient a little bit this thing will come back to you So you went from 1 31 to 96 dollars you could have saved a ton of money To invest at that particular point. So again, let me know in the comment section What you guys did and if you're new to the channel guys will talk about how to end money how to save money How to invest and build worth So that's something that interests you go ahead and hit that subscribe button and your notification bell to you Don't miss out on your content and also if you're looking to get started with investing guys We both see has the promotion that if you sign up and deposit hundred dollars You get four free stocks just to get you started and it's always guys always do your homework guys Don't be a greedy savage and stay motivated


The same platform we have Mr. Shankar Murali as they say in Hindi, you have an icing on the cake to the effect that you get a combination of knowledge being shared from a speaker who stations are doing well. And we have the legal groups believed in sharing the knowledge and with the flux of time they have grown not only down from south but they have gained the presence span India. And the topic for today as you all know is the jurisdiction of the applet court under the civil courts. And we all know that there are different perspectives under the civil law. We have also shared the sub agenda which Mr. Shankar has kindly conceded to share his knowledge on these perspectives. Sir, as a common man or a lawyer we feel that the scope of interference in an appeal is very limited and to the effect in case wherein there are certain evidence which could not have been shown. What is the legal journey under the additional evidence application when we move on to order 41 rule 47. In what cases the cases can be remanded back. What cases are such wherein this additional evidence will be admissible. And what application has to be moved in case of dismiss for default, whether it will be under order nine or whether it will be under order 41. These are certain broader contours which are expert. The day for today Mr. Shankar Muly will speak those who have been connected with us as well as legal light. They all know that the knowledge being shared with memory has been well received pan India and rather when we see to the statistics from the Google we also find a lot of participants are from Sri Lanka, Pakistan and a few more countries. So that gives a some moment of pride to the fact that people are accepting the knowledge which we are being shared on this platform. Before we request Mr. Muly, I will request Ali Lakshmi ma'am who is recovering after the, I've been told that after the injection she had certain bout and in respect of the covert problems. Welcome and same with Mr. Muly. So two things are there that the positivity is that you can fight back and bounce back and can share the knowledge. But at the same time it is an abundant caution that we should always be cautious. At the end of the session we will ask them what was their legal journey of course we have been talking about but then at the end we will have a snippet as to what are the testing times during these testing periods of being tested positive. And all we have to move forward but as they say in the law first things first, first things should be decimated in the first bright perspective. Over to you Ali Lakshmi ma'am and welcome to see you on this platform after a long time and more so once you have bounced back and which is as they say personified both of you that you can bounce back. They say that you can be down but you cannot be out. Over to you ma'am. Thank you so much Vikas. Thank you for time and again inviting legally to your platform of beyond CLC. This immense pleasure that in fact it is so heartening to see our beloved Shankar Muly sir. We all have been praying for his recovery and today is bouncing back on both of our platforms on a very important topic as you already told and knowledge cannot be stopped. And our sir, it is excellent that he's back with us and we have all come in, in spite of our schedules and tomorrow being one of the celebration day, tomorrow and day after, as Telugu and Tamil New Year's Day down south. In spite of shopping so many of women also have joined in today. We welcome you back sir Shankar Muly sir on behalf of both the platforms and Haritha for helping sir to come back to us. Sir has literally fought out the COVID-19 situation and gave us lots of clue and that's how we all went for the vaccination right. And one thing happened to me I couldn't tolerate the vaccination maybe because a pulmonologist wife fighting with COVID so maybe that had taken a little toll of my but I'm back today here in this platform so happy. Thank you Vikas for connecting us time and again we are very happy to come to your platform whenever we are called in sir the floor is all yours we are eagerly waiting. Thank you sir thank you so much welcome Shankar Muly sir welcome Vikas welcome every one of you have joined in this platform. My recovery is very fast doctors wonder because my intention is to give lecture again on this platform that is my recovery very fast. And when because the conducted me to give lecture on this topic the powers of the appellate code and I have to I informed him that sir I have to cover order 41 rule 12 order 41 to rule 30 sir. But he informed me sir please try to finish your lecture within one within an hour so it is highly possible but anyhow I will try my level best to complete my lecture within the short span of time or I have to play that by Vikas. No sir that was not the issue. My request was that you could split it into two parts rather than condensing so much I would rather say that we can have on two parts rather than condensing. But sometimes two hours as she said that tomorrow is a shopping day out here we have a Vizaki so keeping in view. I will try to minimize my lecture. Let it be. Now the today's topic is the powers of the appellate code. Order 41 rule 12 order 41 to rule 37 covers the speed. Normally you are all aware who has to sign the points whether it is by the pointy or obligate or by both. The answer is under order 6 rule 14 the pointy must sign and if he engage in any freedom he has to sign so both the pointy and obligated if any have to sign the point under order 6 rule 14. But in the case of appeal under order 41 rule 1 anyone of the grounds of appeal may be signed by the appellate or by his obligate. Both of them need not sign. Even the appellate need not sign the grounds of appeal. If the advocate sign it is enough or advocate not sign if the appellate sign it's enough so that is order 41 rule 1. Now the grounds suppose 70 degree is passed by the court of first instance the agreeable party has to find an appeal. In the appeal what he has to state he has to state the grounds of objection to the degree appeal to the degree appeal. Now previously the grounds of appeal must be accompanied by accompanied with the certified copy of the degree. Now after noticing the cumbersome process in getting the certified copy of the degree because it will take some months together. So now the amendment has been made under the act 46 of 1999 and with the effect from 17 2002 the grounds of appeal must accompany the judgment. You can easily get the judgment because drafting the degree it's a cumbersome process you have to file your cost list and it will take minimum of one month to draft the degree. Now you need not file degree just you can file the you can produce in a judgment copy and file over an appeal after this amendment which came into force with the effect from 17 2002. When more than two or more suits have been filed together and a common judgment is delivered then when the appeal is filed the court can dispense with the production of the judgment copy. One judgment copy is enough. Now the your Punjab and Haryana High Court has made some amendment. The Chandigarh administration they said dated 1 by 1975 even the judgment copy, certificate copy of the judgment is not necessary if it is signed by the advocate that it is true copy it is enough to file appeal. This is Punjab and Haryana amendment and I would like to emphasize one point. We are filing of an appeal whether it amounts to state it is not so. We are filing of a we are filing of an appeal would not amount to stay of execution of the degree. This is 2009 14 SCC state 663 in the Chenjain versus Muthila in the Chenjain versus Muthila. Yes, and the majority grounds of objection when you file when you prepare an appeal and further the filing of an appeal is just statutory rights. Is here statutory rights conferred on the appellate under the statute. But it is in the case of second appeal it is not a matter of fact. Second appeal can only be updated when there is a substantial question of law. Otherwise the high court by exercising its power under section 100 of CPC can dismiss the second appeal on the ground it does not involve any substantial question of law. But the point is here whether immediately after the filing of the appeal the appellate court has got power without ordering notice to the respondent to dismiss the appeal on merits at the admission stage itself. Then I will go into the relevant provision. Now, let us see what are all the grounds of objection. The grounds of objections must be. It must arise from pleadings and evidence. It must arise from pleading and evidence. Here you are 1966 Supreme Court page 107. The appellate cannot be duly which are not at all set up in the trial court. The appellate cannot introduce any new pleads which are not at all set up in the trial court. Here you are 1967 Supreme Court page 152. 1963 Supreme Court page 1193. This is MP Sri Vachar Varsaswena. And suppose the appellate has abandoned his legal rights before the trial court. He cannot say before the appellate court by way of raising it as an objection because some legal rights are conferred on the particular party. Once they are abandoned or waived it cannot be a ground of appeal because you are already abandoned and waived your rights. This is here you are 1964 Supreme Court page 152. New Marine Coal Company versus Union of India. 1964 Supreme Court page 152. New Marine Coal Company versus Union of India. And whether additional grounds can be filed when it involves the plea of law or the questions which are already raised but not raised but not answered by the trial court. Then for that purpose you can file additional grounds of appeal that is additional grounds of objection. Yes. Haritha, one second. Haritha, voice is not clear or not? No, sir. Another important is other party one, rule 3A. You are all aware that when you want to file an application beyond the period of limitation prescribed under the limitation, you can take recourse under section 5 of the limitation and file an application to condone the delay. But when you put forward an appeal and the appeal is filed beyond the period of limitation prescribed under the limitation, you need not file an application under section 5 of the limitation to condone the delay in preparing the appeal because under order 41, rule 3A, the appellate court itself has got power to condone the delay in filing the appeal. Here the point is to file an appeal, there are some delay to file an application under order 41, rule 3A to condone the delay. The point is whether the pending application to condone the delay whether the appellate court has got power to grant stay of execution of the delay. Normally no court would do to grant stay of execution of the delay pending the application filed to condone the delay. Here under order 41, rule 3A, three grounds are set off. One is when the appeal is prepared beyond the period of limitation, you must take the delay and the reason for such delay. Then when the court considers that there are some tribal issues, it may proceed to hear the appeal. Under those circumstances, the court can grant stay of execution of the degree pending the application filed to condone the delay. Under order 41, rule 3A. But normally filing of an appeal would not amount to stay of execution of the degree. But the pending application to condone the delay, the appellate court has got power to grant stay of execution of the degree provided it must be satisfied with there are some tribal issues and it has decided to proceed with the appeal only under those circumstances the appellate court has got power to grant stay of execution of the degree. This is year 1974 Madras page 220. 1974 Madras page 220. Another important provision is rule 4. When more than 120 were defendants, if they suffered by the degree, any one of them can file an appeal and obtain reversal of whole degree provided when the grounds are common. When the degree is inconsistent, two separate degrees, one is in favor of the plaintiff, another one apart of the degree is in favor of the defendant, then this provision will not apply. When the grounds are common, then when there are more than one plaintiff or defendant, any one of them may file an appeal and obtain a reversal degree and it will bind all. Another one is stay. Stay of execution of the degree. This is rule 5. This is rule 5. Stay of execution of the degree can be granted but suppose there are two kinds. Suppose you filed, suppose a student has been filed for recovery of possession. If the student is degree, it is an executable degree. So the defendant will be suffered if the degree is allowed to be executed. So he can very well file an application under order 41.5 seeking the appellate code to grant stay of execution of the degree. Suppose a suit is for permanent indentation. So it can be executed for disobedience of the order. Suppose the suit is filed for permanent indentation. Suppose the suit is filed for permanent indentation, the suit is dismissed. So the plaintiff has to prefer an appeal. It is not an executable degree for which he can very well ask for an order of infim indentation again under order 39 rule 2. Under order 39 rule 1 and 2. So appellate code has got power to grant stay of execution of the degree under order 41.5. Then power is also got put on the court of first instance. The court which passed the degree, if the filing of an appeal within the time allowed, within the period of limitation is not in a position to get the certificate copy of the detriment of the degree. He can very well file an application under order 41.5. So before the file code or the code which passed the degree to stay the execution of the degree. Then third ground, when you stay of execution of degree can be granted, substantial loss may result in and the appeal is filed without any unreasonable delay. And the court may insist directly the appellate to permit security for the due performance of the degree in case the appeal is dismissed. So these are all three grounds to grant the stay of execution of the degree. In the case of money degree, court may direct the appellate to permit security or to deposit the amount which are distributed by the appellate. And regarding the cost under the rule 41.10, the court may direct the appellate to permit security for the cost. And another one coming to this very important provision, order 41.11. Order 41.11. Now, normally the high court, if any appeal is filed before the first appeal is filed before the high court, high court may dismiss the appeal on marriage at the admission stage itself. Whether such power can be exercised by the subordinate court. So provision of order 41 is applicable to subordinate court and as well as to the court. Under order 41.11. When the delay is fixed for the hearing, when the appellate appears and after hearing, if the court is not satisfied, then it can dismiss the appeal on marriage. Because I'm going to say order 41.11. That is entirely different on different, it's on another different footing. Here see whether the court has got power to dismiss the appeal at the admission stage. Yes, it has got power under order 41.11. The power to dismiss the appeal on admission. When an appeal is raising triable issues, then the court should not dismiss the appeal on marriage. 1973, 3 SCC, page 746. At the admission stage itself, either the court has to dismiss the appeal on marriage or when tribal issues are to be here, then it can post the agenda case for hearing of the appeal under order notice to the respondent. But at the same time, at the admission stage, the appellate court has no power to reject the appeal in part and allow the appeal in part. So appeal can be admitted wholly or rejected wholly. 1982, 1 SCC, page 433. 1982, 1 SCC, page 433. Ramji, Mahala versus Krishna Rao. The advocate practicing before the right court is well aware, once the appeal is admitted, notice can be ordered to the respondent or the court may direct the notice we served on the down till appearing for the respondent before the somebody before. That is order 41, room 14. And coming to the next point, order 41, room 17. Appeal preferred, notice ordered to the respondent, respondent appeared. Then the appeal is posted in the list. When the appeal is posted on the posted in the list, it was called, the appellate did not appear. There is no representation, appellate went unrepresented. His counsel did not appear. Then the appellate court adjourned the case for the argument of appellate, first attempt of the appeal is posted. On the date also, the appellate did not appear and his down till did not represent. Again the appellate court adjourned the case, second time and third time. But in all these occasions, the respondent was present and the respondent counsel was ready to argue the case. On third occasion, as usual, the appellate did not appear and he went unrepresented. His counsel did not come. The respondent argued the case, whether the appellate court has got power to dismiss the appeal onwards. At the admission stage itself, appellate court has got power to dismiss the appeal on merits, if it is not satisfied with the grounds of objection priced by the appellate. But here, once appeal is admitted and notice was ordered and when the respondent entered appearance through his counsel, when the appeal was posted for hearing, on appellate default, the only remedy, the only way open to the appellate court is to dismiss the appeal for default. It has no power to dismiss the appeal on merits after hearing the argument of the respondent. So please, most of the civil practicing advocates are not aware of this. Please keep it in mind. On appellate default, even after hearing the respondent counsel, the court has no power to dismiss the appeal on merits. It can only dismiss the appeal for default. This is Navan Nirmal Development Consultants Private Limited versus District 4 Complex Pune 2017-08 ACC-603-2017-08 ACC-08-603. All right, appeal is dismissed for default. And what is the remedy available to the appellate? Appellate can invoke order 41-19. It can file an application to readmit the appeal. But most of the advocate used to find this application for restoration of the appeal. Restoration is applicable only in the case of clients. If a suit is dismissed for default, we can file an application to restore the suit which was dismissed for default. But in the case of appeal, the word employed is to readmit the appeal which was dismissed for default under order 41-19. Assuming for a moment, the appellate present is counsel is present. Is ready to or be the case? But the respondent under his counsel not under. Then what is the remedy? The court can hear the appeal ex-party. The court can hear the appeal ex-party. Then subsequently, if any application is taken out by the respondent to rehear the appeal, then it has to be allowed under order 41-20. So, when the appellate on appellate default, the only way is to dismiss the appeal for defaults. On respondent default, the appellate court can proceed to hear the appeal ex-party. In any case, if any application is taken out by the appellate to readmit the appeal and rehear the appeal, the same has to be allowed provided subject to the satisfaction of the court. He must state the reasonable cost for not appearing on the particular date. So, please keep it with me. Re-admission of the appeal which was dismissed for default. Rehearing of the appeal which was here ex-party. Order 19, rule 21. Under order 41, rule 17, the appellate court has no power to dismiss the appeal on merits on appellate default. The only way is to dismiss the appeal for defaults. Then, appeal is preferred. Say for example, by the plaintiff who has afforded a degree filed an appeal. It means the degree is totally in favor of the defendant respondent. But some of the issues, some of the filing in the issues is against the respondent. So, suit is dismissed. It is in favor of the defendant. Appeal is a respondent. Suppose anyone of the filing in the issue is against the respondent, he can file a cross-adjection. He can file a cross-adjection under order 41, rule 22. Then, between one month from the date of service of someone, either on him or on his counsel. Suppose, when there are so many prayers, major prayers are dismissed as against the plaintiff. Anyone of the prayer is negative. Then, as against a prayer which are negative, the party agreed can file cross appeal. So, as against the finding in the issue, which is against the party concerned, he can file a cross-adjection or cross appeal. Suppose once cross appeal or cross-adjection is filed, nevertheless the appeal is dismissed or withdrawn, it will proceed. The cross-adject as in the case of the set-up and counter-client, even if the appeal is withdrawn or the appeal is dismissed for default, the cross-adjection and cross-adjection will be filed by the appellate court. The cross-adjection and cross-appel, it must be as in the grounds of appeal, as contemplated under order 41, rule 1 of CPC. And another part, remand. What are all the grounds open to the appellate court to remand the matter to the court of questions? Now, let us see for one by one. There are three grounds which enables the appellate court to remand the matter to the trial court. That is order 41, rule 23. And the order 43, 41, rule 24. And the order 41, rule 25. Under order 41, rule 23. When the trial court or court of questions disposed of the suit on the preliminary point or dismissed the suit on the preliminary point, then the preliminary point, if it is reversed by the appellate court, then the appellate court can remand the matter with the direction to the trial court to frame issues and record evidence if any and pass order on the evidence. When a remand is available, then the trial court dismisses the suit on any one of the preliminary issue. Suppose normally before the 1976 amendment, the court is bound to frame all issues and bound to answer all the issues. But the amendment was made in 1976. Order 41, order 14, rule 2. Court can frame a preliminary issue provided the preliminary issue must be relating to the jurisdiction of the court or bar created by any statute. Pure question of law relating to jurisdiction under the bar created by any statute boosting the jurisdiction of the court. These are all the two grounds which enables the trial court to frame a preliminary issue. Once the preliminary issue answered in affirmative, the court need not to answer the other issues. The suit can be dismissed, the suit can be disposed off. Suppose the court comes to a conclusion that it has no jurisdiction at all and it dismisses the suit. Then until file, the appellate court finds that the court has called jurisdiction. The dismissal of the suit for want of jurisdiction is culpably wrong. Then it can remand the matter to the trial court directing the trial court to frame necessary issues and record evidence if any and proceed with the case as per the directions of the appellate court. This is one ground for remand. Another, the case is not disposed dismissed by the trial court on the preliminary point. It answered all the issues and they eventually dismissed the suit. The appellate court has got power to re-appreciate the evidence. Whether it was properly appreciated by the trial court, evidence in the sense of both oral and documentary evidence. It can re-appreciate and ultimately the appellate court finds that re-trial is necessary. If re-trial is necessary or de-nova trial is necessary, then it can remand the matter to the trial court in a direction to conduct a de-nova trial. Under the court can, so this is second ground to remand. And third one is order 41 rule 25. Suppose any issues which are remain are not framed by the trial court. The appellate court may frame issues. After framing the issues, it may refer the matter to the trial court for taking evidence on the issues framed by the appellate court and record the findings and with the direction to return the same to the appellate court. This is third ground to remand. This is order 41 rule 25. Order 41 rule 23, if the order of remand is made, it is an appealable one. But the order of remand is made under 41 rule 25, it is not an appealable order. Then what is the remedy? The remedy is to find revision, the party height code. So when the trial court dismisses the suit on the preliminary point, remand can be made by the appellate court. When the appellate court thought it fits, retrial is necessary. It can remand the matter to the trial court. When the appellate court framed the necessary issues and referred the matter to the trial court with a direction to take evidence and record the findings with a further direction to return it to the appellate court to determine the appeal. So these are all three grounds available to the appellate court to pass an order of remand. And you please keep it in mind. Once an order of remand is made, the entire court fee affixed on the appeal shall be returned by the appellate court to the appellate. It can be 69 or beyond. So the distinction between order 41 rule 23, order 41 rule 24 and order 41 rule 25 is elaborately discussed by our apex court. In the case reported in Balaji Singh versus Divakar 2017 over ACC page 207. Balaji Singh versus Divakar 2017 over ACC page 207. Now next to the reception of additional evidence by the appellate court. Order 41 rule 27. Order 41 rule 27. You have got an ample opportunity to produce a document before the trial court. If the document is filed before the trial court and it is refused by the appellate court, then you can file an application. Order 41 rule 27 before the appellate court for the reception of the document which was already rejected by the trial court. Number two. The document now sought to be received as additional evidence before the appellate court is not available or not in the custody of the appellate. And due care and diligence, he is able to secure the same. Then it is another ground to receive the additional evidence in the appellate stage. Then third one. The appellate court itself considers or requires that the document sought to be mauled is necessary for substantial cost to pronounce judgment. Then those documents can be received in the evidence. So these are all three loans which enable the appellate court to receive additional evidence. When the document was filed before the trial court and it was rejected, then the document sought to be mauled was not available at the time of trial. And with due care and diligence, it was secured by the appellate and it can be received. And in the interest of justice to do complete justice between the parties, if the document is required by the appellate court itself, then it is rule 25. It was mistakenly order 41 rule 25. So under order 41 rule 27, once the additional evidence is received, order 41 rule 25 we can see once the issues are framed, court can refer the matter to the trial court, court can refer the matter to the trial court, to the direction to take evidence and record the same and return it to the appellate court. Under order 41 rule 27, when the additional evidences are received by the appellate court, then the appellate court itself has got power to allow the evidence to receive the document examined evidence. This is 2008 ACC page 511. 2008 ACC page 511. North Eastern Railway Administration versus Bhagavan Das. North Eastern Railway Administration versus Bhagavan Das. 2008 ACC page 511. Suppose application is filed under order 41 rule 27. Is it incumbent or it is mandatory on the part of the appellate court to dispose the application filed under order 41 rule 27 before deciding the appeal? It is not true. Once an application is filed under order 41 rule 27, the court has got power to decide the same along with the appeal. Furthermore, no separate order is necessary in the application filed under order 41 rule 27. The reason may be embodied in the appellate judgment. Once an order 41 rule 27 is filed, it can be tried along with the appeal. 2008 12 ACC page 739. East and Acupments and Sales Limited versus ING, Kiosk, Aya, Kannada. 2008 12 ACC page 739. And the Aya 2012 Madras page 269. A Swarnam versus N. Salwaraj. N. Swarnam versus N. Salwaraj. And the work for the additional evidence can be received. Please make it very clear. Additional evidence can only be received by the appellate court not to fill up the lacuna. But to remove the lacuna, it can be received in a year. 2012 8 ACC page 148. Union of India versus Ibrahim Bin. So, when it can be received, to remove the lacuna and not to fill up the lacuna. 2012 8 ACC page 148. Union of India versus Ibrahim Bin. Now additional evidence are received under order 41 rule 27. And work on the mode of taking evidence. This is order 41 rule 28. The appellate court by its own received evidence, not the document and the examinee witness. Or it can directly be somebody made court to receive mark on the examinee witness. So, order 41 rule 28. Empowers the appellate court to receive mark, evidence and examinee witness if necessary. Or it is for the appellate court to directly somebody made court to receive, but since it is received to mark the document and examine any witness if necessary. This is 2009 8 ACC page 231. Khachibi, Beda Riyasatthar versus Sivarsantara. 2009 8 ACC page 231. By after crossing all this barrier. Now the argument is about to be pronounced. Then it must contain the points for determination. Decision there are. Reason for the decision that is ratio decision. If the appeal is reversed or varied. Then the judgment must state the relief to which the appellate is entitled. Normally the trial code will claim issues and answer the issues. But the appellate court need not answer whether the issues already framed by the court and answers there are is correct or not. Because under order 41 rule 5. Both the trial code and the appellate court has that power. Preparation issues. Analyze the issues already framed. Reverse the issues. Recast the issues. So the trial in the appellate court. The appellate court can frame issues. It may rise to the level of the court. Can frame issues. It may raise points for determination. It may raise point for determination. And it must take the decision there are. That is the decision on the points raised. And also the reason for the decision. If the appeal is reversed. Then it must take the relief which are to which the appellate is entitled. So this is the contents of the appellate judgment. Order 41 rule 31. Last but not least. This order 41 rule 33. Power of court of appeal. Power of court of appeal. Appeal 5. But the respondent filed to file cross objection or cross appeal. Filed to file cross appeal or cross objection. Even in the options of cross appeal and cross objection. On failure of the respondent to file the same. The appellate court has not power to file any order. Even in the options of cross appeal or cross objection. This is to do complete justice between the parties. I will give one illustration. Suppose A filed a suit for recovery of money against B and C. The suit was decreed against B and dismissed as against C. So normally C would not file appeal. The agreed party is B. Then he filed an appeal. He filed an appeal. In the appeal the court finds that the B is not liable to pay any. So the appeal is allowed. But at the same time the appellate court has got power to pass a degree. As against C. This is the nicety of the powers of the appellate court. Conflict of the appellate court order 41 rule 33. So Prakalath v. state of Magarastra. 2010. 10 ACC. Page 450 X. And another one is 2009. 2 ACC. Page 673. C. Chalyanathan. P. Narayana. P. Narayana. The powers of the appellate court. The power under order 41 rule 33 is enabling the appellate court to pass any kind of order even in the options of cross appeal or cross objection. In order to meet out the ends of the street to complete justice between the parties. Or 41 rule 33. Again from order 41 rule 1. You need not file certificate copy of the degree to file certificate copy of the gentleman. It is enough to file an appeal. But in the state of Panjab and Narayana, if the advocate certifies that it is true copy of the gentleman has correct, it is correct. It is enough to file an appeal. File an appeal. And the delay condominium need not be sectioned by application because order 41 rule 3 is there to condone the delay in filing the appeal, preparing the appeal. Fending application file to condone the delay, the appellate court has got power to the next day of execution of the lower court degree. It can be granted either by the appellate court or by the court of first instance which passes the degree provided time to file appeal is available. And within such a time it is not possible for him to get the certificate copy of the gentleman. Then we can file an application first day of retribution of degree before the court of first instance. Appellate court has got power to dismiss the appeal on merit at the opponent's stage. It can dismiss the appeal fully or reject the appeal fully. There cannot be any peace will order. Partly appeal is rejected and proceeded to file the delay in respect of the request. And once a notice is ordered, the appellate court after the respondent entered appearance on appellate court, the appellate court has got power to dismiss the appeal on merits. Because the only way is to dismiss the appeal for departs. And if the appellate court in the respondent did not appear, the appellate court has proceeded to get the appeal expired. So when the appeal is dismissed for depart, the appellate can file an application to read the appeal. When the appeal is here x for t, the respondent can file an appeal to read the appeal, to read the appeal. Then under order 41 rule 22. If anyone of the issues answer to the issues is against the respondent, he cannot only support the degree until he can file a cross appeal. If any relief is negative, then the party agreed and filed cross appeal. Both cross appeal or cross objection must be filed until the period of 11 from the date of service. But no appeal against the reversal finding. If appeal is filed, then you can file cross appeal or cross objection. When the degree is in over power, you cannot file appeal as against the reversal finding, finding the issues. Then order 43, order 41 rule 23, 24 and 25 demand when the appellate court dismisses the suit on preliminary issue, it can be demanded. When the appellate court thought it would retry is necessary, it can demand a matter. When the appellate court primarily issues and directed the trial court to receive, to record the evidence and return the back. They return back to the same to the after recording evidence. Then these are all grounds for rematch. Then order 41 rule 27 grounds to receive additional evidence. When the document was filed but detected by the trial court, document was not available at the time of trial. Not in the custody of the appellate. And with the new care and decency for sexual fighting, then it can be received. It's hard to kindly just check it out to your speaker while there's a lot of humming. Just check the speaker. Yeah, now I'll see. Just check it out. Yeah, now it's fine. So order 41 rule 27. There are three grounds and the appellate court considers the requirements that the documents are to be marked is necessary to determine the to determine the requirement of the document for substantive cause to promote judgment and the documents can be received. Documents can be received by the appellate court not to blame the lacuna. To remove the lacuna, it can be received in evidence. It can be received in evidence. And lastly, for the 41 rule 23, even in the absence of class appeal or class objection, the appellate court has got power to pass any order with interest of justice. So these are all the powers of the appellate court. Because the And it was brought on one hour exact. We started at 414 and 514. So that is the precision. So we will see if somebody is posting any question. In fact, in the repetitions also like order 41 rule 33, a lot of courts have interpreted that when you write any other rate order or direction, then in that eventuality, also the court can give the relief over and above what has been demanded. Keeping in mind. I will say all these ideas. And even otherwise in the pleading also it says that even if the prayer may not be happily worded, but from the readings, it can be apparent that what you actually want, the court can even mold that. Though it is not in an appellate state. I'm talking in the normal suit or a repetition. The jurisdiction, the power is extraordinary under article 226. Yeah. In a lighter when they say they can do anything except for changing man to woman and woman to man. Yes. Yeah. I'll just see because of this group. Yes. Now, let me see the chat. It's only one question that has come whether the appellate court and demand the matter. Yes. The appellate court cannot demand the matter. They have demand for ordering demand. The grounds must in the existence that the appellate court to dispose or dismiss the suit on preliminary issue. Then it can pass an order of remand. Then the court finds that retail or you know, a trial is necessary. Then it can demand the matter. When the material issues are not framed, the appellate court can frame issues and refer the matter to the trial code with a direction to record the evidence and send it back. So in the absence of grounds for the demand, it is not open to the appellate court to pass an order of remand. Then whether the appellate court settled matter via judicial settlement, whether second appeal is possible, unable to understand, sir, whether appellate court settled matter via judicial settlement. He probably wants to say that in the first appeal under section 96, there is a settlement via judicial settlement. Before the Lokadhala, before the Lokadhala, before the Lokadhala, the matter is settled under the local, under the legal services authorities act. No appeal will lie. No appeal will lie. This is by Professor Rajesh M. Dubai. Yes. In trial code, the appellate court is settled by 20 and not denied by the responder. In appeal, appellate court can same facts admit on different way, another story. And if it is not false, then there will be any penal provision applied for giving false evidence. Yes, yes, yes. Suppose plenty pleaded some certain points which are not denied, which are not denied by the defendant and then it amounts to admission. Because admission is the best piece of evidence. It dispenses all of the proof. Suppose in the appeal, if he is put it in some other way and by giving false information, by giving false evidence, then it amounts to treachery. Treachery Indian penal code section 2, 119. Since I am not practicing this criminal matter, treachery will lie. And section 386, once false evidence is given. 340 and 195. 340 and 195. Yes, yes. 340 under the civil judge can request to the concerned judicial magistrate to lodge a complaint and to proceed against the person who has given false evidence. That is part of the jury. We have one session by Honourable Mr. Justice Kuldeep Singh from Pajawra and Aikot. So those who want, they can follow that session. Wow, perjury, etc. Yes. There is one more. Whether the delay is pending, what remedy remains for execution? Yes, suppose along with an application, along with the appeal, delay condensation pension is filed. If no stay is granted, that is why I have said, mere filing of an appeal would not amount to stay of the execution of the degree. Unless specifically the appellate court grants a stay of the execution of the degree, it is always open to the execution court to proceed with the execution. To proceed with the execution. So the delay condensation pension is not a bar to the execution court to proceed further in the execution. Here I think that's it. I will just check it on the Facebook. Yes. Why did court to dispose the civil case under provision of speedy disposal since unnecessary delay two long years to the process? Yes, under article 226, I have already said the powers of the high court is vast. It has got extraordinary jurisdiction, extraordinary original jurisdiction. Suppose due to the number of pendency of the several cases, it is not possible for the trial court to pick up any particular case under disposal of the same, by taking into consideration of the emergency. Because it is the practicing work and it is a routine practice being followed by the all subordinate court. And according to the senior, according to the year, the case will be listed. The case will be listed. If anyone of the party wants their case to be disposed of earlier or at the earliest point of time, they can very well approach the high court. They can very well fight not high court, sorry high court, not under article 226. He can file an application under article 227 of constitution of India. These are all some exigencies, these are all some emergencies. So the trial court may be directed to dispose the case within a specified time frame that may be fixed in the court or at the earliest point of time. Normally, suppose with the appellant fines to pay process fee, what the court has to do? And when the plaintiff filed it to pay the process fee, then the court will pass another to send the summons to court. Mr. Shankar, you will have to answer this. I am unable to answer. There is one question on the Facebook. This is by Rampashar. The process fee is not am I able? Yeah, yeah, it's audible. Audible. What is that? Audible, audible. Audible. It's audible. I don't know. If the process fee is not paid by the appellant, then the court will dismiss appeal for not taking steps. But sometimes it gives an opportunity also. That's it, sometimes it gives. Even after giving availing opportunities, if I accept the appellant, it will be dismissed. Yeah. So the last question we are taking from the Facebook. This is Sir in a suit for declaration and consequential injunction. Plaintiff alleged that he's in position, but he is not. Defendant says he's in a reverse position, suit decreed in favour of plaintiff. First appellate court confirmed the decree. Will the second appellate court reverse the decree that the plaintiff not sought for position due process to be followed in evicting the defendant? This is on the Facebook. It's on our platform. Facebook. Yeah. I've read it from the Facebook, since we are live on the Facebook also. I will repeat the question. In a suit for declaration and consequential injunction, plaintiff alleged that he's in position, but he's not. Defendant says he's in a reverse position, but suit decreed in favour of plaintiff. First appellate court confirmed the decree. Will second appellate court reverse the decree that the plaintiff did not seek position due process to be followed in evicting the defendant? Of course, it is suit for declaration. If it is suit for declaration and permanent injunction, not recovery of process. He simply has written, declaration and consequential injunction. Consequential injunction. But all that. Yes, the high court, while can pass an order, though the plaintiff is one of the property, it can concur with the trial court and the first appellate court that the plaintiff is entered to get a degree for declaration. The moment it founds that the plaintiff is not in possession and enjoyment of the property and the possession is found in favour of the defendant, then the high court can refuse to grant the consequential leap of permanent injunction on the ground. The appellate, the plaintiff is not in possession and enjoyment of the property. And it can sometimes, it can mold the relief. Suppose the moment the plaintiff is declared as one of the property and subject to the law of limitation, if the suit is filed within a period of 12 years from the date of dispersion of the plaintiff, then on the article 65, if it is found the suit is in time, then the high court can mold the relief and grant a degree for recovery of possession by directing the plaintiff to pay court fees for the relief of recovery of possession. This is one thing. Suppose the court finds that the appellate plaintiff is not in possession and enjoyment of the property, then the relief of consequential relief can be negative. We are declaring that the relief can alone will be granted. Okay. So I think we don't have any other questions. Yeah. Succeeded party has to file the solicitation.  So I will just see as to whether the Lakshmi ma'am is there. Yes. Yeah. Meanwhile, friends tomorrow's session would be on international law with emphasis on environmental law by Dr. Tia Subramaniya, the dean of the CMR college in Bangalore and Bangaluru. And he's a former vice chancellor of the Connecticut State University of law. And he has also done sessions like Mr. Murali on our sessions on our platform and they've done well. On behalf of beyond law CLC and legal lights, legal legal lights. We have actually ma'am has joined. She will also share the vote of thanks. It was a session as usual spot on and as it being the way you have presented it. We are quite sure that it will go very well. Though the participants expressions are doing well. Are you like ma'am you will have to unmute yourself. Yes. Yeah. Yeah. Thank you so much sir. Shankar Moli sir. It was very excellent. Thank you so much. Thank you Vikas. It is really excellent that we could see our beloved sir back on screen that too on the Pan India platform. And today it is not only Pan India. It is an international platform where you have guests joining from so many places outside India. Such an excellent session. And sir's knowledge about civil law. It has to be seen to be believed. And it is. Thank you. I really enjoyed this session sir. I hope and wish you have to do lots and lots of sessions for all the platforms. Not only our two platforms. You welcome you to all the platforms that's being conducted all over India. Thank you Vikas for taking in legal legal light as your knowledge partner. Whenever anyone from down south is joining in. It is really excellent. It was really nice to join it. And I should thank Harita, my dear little friend, junior of Shankar Moli sir for keeping us connected and posting all the citations. Thank you so much Harita for all your citations. We will ask Mr. Moli to share the citations. We will share it on the groups. And thank you to all the participants. And we are quite sure that the prayers of all those participants who are watching Mr. Moli for all these webinars. So their prayers have helped them to, I can say, trigger off or catalyze their back to normalcy.  Yes, you can come back. It's the spirit, the will power and to that never die spirit. Thank you everyone. And thank you Mr. Moli once again for sharing and all. Everyone stay safe and stay blessed so that we don't see more and more spikes. We can always share our knowledge on this platform and this way one can stay home at the same time, enhance our knowledge. Thank you.