In the absence of direct evidence to the contrary,
the Commission accepts the evidence of the Public Officials involved that the contracts were awarded regularly and in the normal course of their duties.
Not exact matches
Decision: In the absence of direct
evidence to the contrary, the
Commission accepts that the duty paid on the vehicle was the regular duty payable under the law, and therefore the State did not lose revenue on the vehicle.
Subject to the concurrence of the Electoral
Commission, the Returning Officer shall not
accept the nomination of any constituency candidate if the Returning Officer is not satisfied, by such
evidence (if any) as the Returning Officer requires, that the name under which the candidate is nominated is --
In evasive and misleading
evidence (so misleading, in fact, that the independent Statistics
Commission chastised Gordon Brown for it — see here), the then Chancellor refused to
accept the 5.3 million figure, even though his own official had confirmed it the previous day.
Arkansas's original study, conducted the same year, cost about the same initially but rose to over twice that amount ($ 800,000) when the authors
accepted a
commission to ascertain whether districts used their extra money in a way consistent with the consultants»
evidence - based policies.
The prosecution
accepted in this case that, by the end of the
evidence, each of the defendants had adduced
evidence that sufficed to raise the issue as to whether or not his possession of the relevant article or articles was for a purpose connected with the
commission, preparation or
For example in Ishaq v Canada (Citizenship and Immigration), 2015 FC 156, (a case about whether a woman could wear her niqab during a citizenship ceremony), six public interest groups — including the Ontario Human Rights
Commission, the Canadian Civil Liberties Association and the National Council of Canadian Muslims — were refused permission to intervene, as the court determined that they could not advance their proposed arguments without social science
evidence to back them up; nor could the court take judicial notice (facts and materials are
accepted on a common sense basis without being formally admitted in
evidence) of any of the facts necessary to support the arguments.
The
Commission accepted the unchallenged
evidence of pastoralists that «at least a significant proportion of the Aboriginals employed on cattle stations on the Northern Territory is retarded by tribal and cultural reasons from appreciating in full the concept of work».
If this recommendation is not
accepted, the
Commission recommends that the Native Title Act be amended to provide that the 2007 amendments to s 84 apply to all native title proceedings, or at the very least to all native title proceedings that have not proceeded beyond the hearing of early
evidence.
If this recommendation is not
accepted, the
Commission recommends that s 84 be amended to provide that the 2007 amendments to s 84 be given immediate effect to all active proceedings, or at the very least to all native title proceedings that have not proceeded beyond the hearing of early
evidence.
The
Commission considers that s 82 should be amended to provide guidance as to how the Court should
accept evidence in a culturally appropriate form.
If the
Commission's recommendation that the
Evidence Act not apply to native title proceedings is not accepted, the Commission recommends that the Native Title Act should be amended to provide that the recent Evidence Act amendments relating to evidence of Aboriginal and Torres Strait Islander traditional law and custom should be given immediate application to all active native title proc
Evidence Act not apply to native title proceedings is not
accepted, the
Commission recommends that the Native Title Act should be amended to provide that the recent
Evidence Act amendments relating to evidence of Aboriginal and Torres Strait Islander traditional law and custom should be given immediate application to all active native title proc
Evidence Act amendments relating to
evidence of Aboriginal and Torres Strait Islander traditional law and custom should be given immediate application to all active native title proc
evidence of Aboriginal and Torres Strait Islander traditional law and custom should be given immediate application to all active native title proceedings.
Dwelling Quest Corp. v. Greater New York Savings Bank (246 A.D. 2d 431)-- broker fails to establish
commission entitlement where unsigned writing prepared by broker stating that its
commission shall only be due if its prospect completes and closes the transaction, while not constituting the parties» agreement, is deemed to be conclusive
evidence of such agreement in the absence of credible explanation why broker sent such a writing if it did not reflect the parties» agreement; moreover, owners ultimately
accepted all cash offer from party not presented by broker.
Abrams Realty Corp. v. Elo (279 A.D. 2d 261)- trial
evidence establishes that broker was the procuring cause of sale of property; brokerage agreement was not unenforceable for its failure to specify rate at which broker's
commission would be computed since it was clear that broker did not agree to work without compensation and that the parties understood that the broker would be compensated at the prevailing, normal and
accepted rates; trial court properly rejected attempt to evade obligation to pay broker's
commission by endeavoring to characterize the transaction as merely the assignment of a successful bid