Sentences with phrase «court order made under section»

• A Child Arrangement Order is a Court Order made under section 8 of the Children Act 1989, which gives Parental Responsibility to the person in whose favour it is made.

«reorganization» means a court order made under section 248, an order made under the Bankruptcy and Insolvency Act (Canada) or an order made under the Companies Creditors Arrangement Act (Canada) approving a proposal.

Not exact matches

The Registrar of the court in which a compulsory treatment order or any order under section 24 or 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is made or in which any person is convicted of a corrupt practice must, not later than the fifth day of the month following the date of the order or conviction, forward to the Electoral Commission a certificate showing --

A cost effective way to correct scheme rules: the High Court made an Order under section 48 Administration of Justice Act 1985 authorising trustees to apply the scheme rules in a particular way, on the basis it was clearly necessary to read certain words into the scheme rules to make sense of them.

(4) A party to a direction made under this section may file it, excluding the reasons, in the prescribed form in the Superior Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as court and is enforceable as such.

102 A party to a direction made under section 100 or 101 may file it, excluding the reasons, in the prescribed form in the Superior Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as court and is enforceable as such.

The courts, under the authority of Family Code Section 2030, can order one spouse to pay «whatever amount is reasonably necessary» to make sure that the other spouse has this access.

Section 21 (1) states that «an appeal lies to the appellate court from any judgment or order, whether final or interim rendered or made by a court under this act.»

Order in Council 256/2010 alerts us that the Rules of Court is regulation made under the authority of section 28.1 of the Judicature Act.

Section 281 (5) provides as follows: «Discharge does not, except to such extent and on such conditions as the court may direct, release the bankrupt from any bankruptcy debt which --(a) consists in a liability to pay damages [of specific types]... in respect of personal injuries to any person; or (b) arises under any order made in family proceedings or under a maintenance calculation made under the Child Support Act 1991.»

(3) If a person having a duty to pay child support or spousal support under an agreement or order dies and the agreement or order is silent respecting whether the duty continues after the death of the person and is a debt of his or her estate, (a) the person receiving support may make an application under section 149 [orders respecting child support] or 165 [orders respecting spousal support], and (b) if, on consideration of the factors set out in subsection (1) of this section, an order is made, the duty to pay child support or spousal support continues despite the death of the person and is a debt of his or her estate for the period fixed by the court.

Section 24 (5) of the Adoption and Children Act 2002 — «where (a) an application for the revocation of a placement order has been made and has not been disposed of, and (b) the child is not placed for adoption by the authority, the child may not without the court's leave be placed for adoption under the order» — applies only where a substantive application for the revocation of a placement order has been made, ie the applicant, having got over the leave hurdle, is making a substantive application which, consequent upon the grant of leave, would be likely to have been perceived as having a real prospect of success.

In claims brought under section 8, the Court has a discretion whether to award a possession order but also has the power to make an order requiring payment of any arrears outstanding, if appropriate, and also costs.

Like a confiscation order, a compensation order is an ancillary court order and is designed to compensate a victim for personal injury or any loss or damage that may have resulted from the offence committed by the defendant and is made in addition, or instead of, other sentencing options under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (PCCSA).

Whilst taking a slightly different route to get there, the Court of Appeal agreed that the High Court had jurisdiction to make blocking orders under section 37 (1) of the Senior Courts Act, as interpreted in light of Article 11 of the Enforcement Directive (which provides that member states shall ensure that rights holders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an IP right).

Such an argument, based on the Rules can not succeed in the light of the directly comparable position under the English CPR and the decision of the Supreme Court in Abela v Baadarani [2013] UKSC 44, where a similar argument was run, based on the different Sections of CPR 6 which made provision for service inside and outside the jurisdiction and in the light of the general power given to the Court by RDC 9.1 to «order otherwise».

Order for hearing 536.4 (1) The justice before whom a preliminary inquiry is to be held may order, on application of the prosecutor or the accused or on the justice's own motion, that a hearing be held, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justicOrder for hearing 536.4 (1) The justice before whom a preliminary inquiry is to be held may order, on application of the prosecutor or the accused or on the justice's own motion, that a hearing be held, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justicorder, on application of the prosecutor or the accused or on the justice's own motion, that a hearing be held, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, to

Applications for a restraining order in this context are made by a designated director under the CYFEA to the Court of Queen's Bench, and can include conditions restraining the person from residing with, contacting or associating with the child, and prescribing contributions to be made for the maintenance of the child (section 30 (1) and (3)-RRB-.

Section 248 the Ontario Business Corporations Act states that: «Where, upon an application under subsection (1), the court is satisfied that in respect of a corporation or any of its affiliates, (a) any act or omission of the corporation or any of its affiliates effects or threatens to effect a result; (b) the business or affairs of the corporation or any of its affiliates are, have been or are threatened to be carried on or conducted in a manner; or (c) the powers of the directors of the corporation or any of its affiliates are, have been or are threatened to be exercised in a manner, that is oppressive or unfairly prejudicial to or that unfairly disregards the interests of any security holder, creditor, director or officer of the corporation, the court may make an order to rectify the matters complained of.»

In addition to the above, the court can make an order under section 42 requiring a party to comply with a peremptory order made by the tribunal.

131 (1) Upon application by the corporation, a lessor of a leasehold condominium corporation, an owner or a mortgagee of a unit, the Superior Court of Justice may make an order appointing an administrator for a corporation under this Act if at least 120 days have passed since a turn - over meeting has been held under section 43.

45.6 (1) If the Tribunal makes a final decision or order in a proceeding in which the Commission was a party or an intervenor, and the Commission believes that the decision or order is not consistent with a policy that has been approved by the Commission under section 30, the Commission may apply to the Tribunal to have the Tribunal state a case to the Divisional Court.

(6) The court may make an order under this section for a definite or indefinite period or until the happening of a specified event and may impose such other terms, conditions or restrictions in connection therewith as it thinks fit and just.

The Court also declined to exercise its discretion to quash the order on the ground that the section of the Income Tax Act under which the order was made, has since been amended to eliminate the court's ability to grant such orders on an ex parte bCourt also declined to exercise its discretion to quash the order on the ground that the section of the Income Tax Act under which the order was made, has since been amended to eliminate the court's ability to grant such orders on an ex parte bcourt's ability to grant such orders on an ex parte basis.

Under section 22ZA (iii), the court «must not make an order... unless it is satisfied that without the amount the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings».

10.1 An administrator appointed under section 174 of the Act must file in the land title office a certified copy of the court order making the appointment.

2.1.28 The fees which are payable in the Supreme Court are prescribed by an order made under section 52 of the Act and rule 45 allows the Registrar to refuse to accept a document or to allow a party to take any step unless the relevant fee is paid.

disposition means an order made by a court or Review Board under section 672.54, an order made by a court under section 672.58 or a finding made by a court under subsection 672.64 (1); (décision)

8.11.1 This direction applies to any appeal direct from the High Court under sections 12 and 13 of the Administration of Justice Act 1969, from an order for the revocation of a patent made under section 32 or section 61 of the Patents Act 1949 or under section 72 of the Patents Act 1977.

Finally worth mentioning is that under section 25, if a court is satisfied that there has been a material change in circumstances, it can discharge, vary or suspend any order made concerning possession of the matrimonial home (as noted above).

The second is that where the court makes an express order requiring the parent with care to comply with contact arrangements, and that order is breached, then, in the interests of consistency, the judge must support the order by considering enforcement, either under the enforcement provisions in section 11J of the 1989 Child Act or by contempt proceedings.

The relevant conditions in this case are set out in ss 47 (4) and (5), these sections specifically provide that where a child was placed for adoption under a placement order a parent or guardian may not oppose the making of an adoption order without the court's leave.

(6) If a provisional order made under this section comes before a court in a reciprocating jurisdiction and confirmation is denied in respect of one or more persons for whom support is sought, the Ontario court that made the provisional order may, on motion within six months after the denial of confirmation, reopen the matter, receive further evidence and make a new provisional order for a person in respect of whom confirmation was denied.

This Court shall now decide the effect of the order passed by this Court in the arbitration application filed under Section 9 by the claimant and also the effect of the order passed by the appeal court in the appeal filed by the respondent in view of the submissions made by the respondent that in view of such petition filed in this Court, Part - I of the Act including Section 34 for impugning the foreign arbitral award would aCourt shall now decide the effect of the order passed by this Court in the arbitration application filed under Section 9 by the claimant and also the effect of the order passed by the appeal court in the appeal filed by the respondent in view of the submissions made by the respondent that in view of such petition filed in this Court, Part - I of the Act including Section 34 for impugning the foreign arbitral award would aCourt in the arbitration application filed under Section 9 by the claimant and also the effect of the order passed by the appeal court in the appeal filed by the respondent in view of the submissions made by the respondent that in view of such petition filed in this Court, Part - I of the Act including Section 34 for impugning the foreign arbitral award would acourt in the appeal filed by the respondent in view of the submissions made by the respondent that in view of such petition filed in this Court, Part - I of the Act including Section 34 for impugning the foreign arbitral award would aCourt, Part - I of the Act including Section 34 for impugning the foreign arbitral award would apply.

39 (1) The Ontario court may, on a party's motion, after taking into account any right of a government or delivery agent under section 45, vary a support order made or registered in Ontario under this Act or the former Act,

(6) If a provisional variation order made under this section comes before a court in a reciprocating jurisdiction and confirmation is denied in respect of one or more persons for whom support is payable, the Ontario court that made the provisional variation order may, on motion within six months after the denial of confirmation, reopen the matter, receive further evidence and make a new provisional variation order for a person in respect of whom confirmation was denied.

Note 1: Before making an order under this section, the court must consider seeking the advice of a family consultant about the services appropriate to the parties» needs (see section 11E).

(4) Without limiting paragraph (2)(a)(ii), the court must consider whether orders should be made, or an injunction granted, under section 68B.

Note 2: Paragraph (c) reference to future capacity — the court has power under section 13C to make orders for parties to attend family counselling or family dispute resolution or participate in courses, programs or services.

(2) When making an order under subsection (1), the court must inform the parties of the effect of section 11G (consequences of failure to comply with order).

(2) If a court is exercising the power under section 68R in proceedings to make an interim family violence order or an interim variation of a family violence order:

Note 2: Paragraph (1)(a)-- before making an order under this paragraph, the court must consider seeking the advice of a family consultant about the services appropriate to the person's needs (see section 11E).

(3) Without limiting subparagraph (2)(a)(i), the court must consider whether orders should be made under section 69ZW to obtain reports from State and Territory agencies in relation to the allegations.

(1) If the court does not make an order under section 70NDB in relation to the current contravention, the court may make an order that the person who brought the proceedings (the applicant) pay some or all of the costs of another party, or other parties, to the proceedings.

(5) The court must not make an order imposing a sentence of imprisonment on a person under this section in respect of:

Note: When an applicant files one of these certificates under subsection (7), the court may take the kind of certificate into account in considering whether to make an order referring to parties to family dispute resolution (see section 13C) and in determining whether to award costs against a party (see section 117).

(1) If a court makes a community service order under paragraph 70NFB (2)(a) in respect of a person, or an order under paragraph 70NFB (2)(b) requiring a person to enter into a bond in accordance with section 70NFE, the following provisions have effect.

(1) If, in proceedings to make an interim family violence order or an interim variation of a family violence order, the court revives, varies or suspends an order, injunction or arrangement under section 68R, that revival, variation or suspension ceases to have effect at the earlier of:

(a) if the court is empowered under section 70NFC to make a community service order — to make such an order; or

(7) When a court makes an order under this section, the court may make any other orders that the court considers necessary to ensure compliance with the order that was contravened.