Sentences with phrase «acting as an officer of the court»

«We've never disputed the ability of a court to discipline a lawyer acting as an officer of the court,» he says.

Not exact matches

According to the commission, the Court of Appeal should have dismissed Otti's appeal having found that a Returning Officer has no power to cancel election results having regard to the provisions of Section 68 (1) of the Electoral Act 2010 as amended.

A press release by Okelo Madukaife, acting Publicity Secretary of APC stated that «under the Electoral Act, election officers ought to complete and swear to the Oath before a Commissioner for Oath in any of the Registries of High Courts or Magistrates Courts as the case may be.

Inaugurating the General Court - Martial with Brig. Gen. Olusegun Adeniyi as its president in Maiduguri, the acting General Officer Commanding, 7 Division of the Nigerian Army, Brig. Gen. Victor Ezugwu, said it was established to try offences committed by personnel within the Operation Lafiya Dole theatre of operation.

He said that the commission made it clear that Section 68 (c) of the Electoral Act (as amended), stipulates that once a declaration is made by the Returning Officer, only a «Tribunal or Court in an election petition proceedings» can set it aside.

In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in such Act and will be governed by the final adjudication of such issue.

In the event that a claim for indemnification against such liabilities (other than the payment by Registrant of expenses incurred or paid by a trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issue.

In addition, in a separate holding that could deter police in the future from acting like K - 9 sniffer dogs, the court found that the officer's testimony that he sniffed alcohol on Koch's breath was insufficient as a matter of law to sustain a conviction:

In June, the Ontario Court of Appeal ruled that statements compelled by the Highway Traffic Act can no longer be used as grounds for a police officer to demand that a suspected drunk driver blow into a screening device, under the Criminal Code.

Secondly, I agree that one of the primary roles of a lawyer is acting as an advocate for the client, implied in the s - c trust, but there is also an absolute ethical duty, as an officer of the court, to recognize conflicting duties which do not promote effective operation of the judicial system.

Lawyers are not only acting as «advocates, advisers, and counselors» but they are also, officers of the court.

It was implicit in the order that Sabourin was a «rogue bent on flouting the court's process» and Carey, particularly as an officer of the court, was bound to act accordingly.

This is because law clerks, especially in rural areas, often have a dual appointment as a law clerk (basically a lawyer acting as a research assistant for a judge) and as a bailiff who is an officer of the court charged with maintaining order and security in the courthouse, or at least in an individual judge's courtroom.

[2] This rule is not intended, however, to affect a judge's ability to act on information as necessary to protect the health or safety of the judge or a member of a judge's family, court personnel, or other judicial officers if consistent with other provisions of this Code.

4 The following persons are excluded from serving as jurors: (a) members of the Privy Council, the Senate and the House of Commons of Canada; (b) members of the Legislative Assembly of Alberta and the Executive Council; (c) members of the council of a municipality or members of a board of trustees of a school district or school division; (d) judges of the Provincial Court, justices of the Court of Appeal and Court of Queen's Bench and justices of the peace, whether retired or not; (e) barristers and solicitors, whether or not they are practising, and students ‑ at ‑ law; (f) medical examiners under the Fatality Inquiries Act; (g) officers and employees of the Legislative Assembly of Alberta; (h) persons who (i) have been convicted of a criminal offence for which a pardon has not been granted, or (ii) are currently charged with a criminal offence; (i) witnesses summoned to attend before the Legislative Assembly or a committee of the Legislative Assembly during the period that their attendance is required; (j) persons confined in an institution; (k) persons engaged in the administration of justice, including (i) members and employees of any police service, (ii) probation officers, (iii) employees of the Department of Justice, and (iv) employees of the Department of Justice of Canada or the Department of the Solicitor General of Canada.

The court added: «A further matter of concern is that the judge may have been left with the view that the officers of the first defendant [the BTP] had some suspicions about the honesty of the firm L simply because it had been instructed to act for MS.. But, as Keene LJ said in the Faisaltex case (at para 47) «A solicitor is not to be regarded as someone tainted and unreliable because, for example, he acts for someone charged with or convicted of a criminal offence.

The restriction on using nonpublic information is not intended to affect a judge's ability to act on information as necessary to protect the health or safety of the judge or a member of a judge's family, court personnel, or other judicial officers if consistent with other provisions of this Code.

He argued, amongst other things, that the courts should stay his extradition as it was predicated on the misconduct of foreign police officers acting in the UK, who had entrapped him.

A voting member of the 501 (c)(3) could sue the 501 (c)(3) in state court to insist that the 501 (c)(3) conduct its business in accordance with the Johnson Act because it is legally obligated to do so and other officers or directors have ignored that obligation which they have as a matter of state corporate law.

Where a court is considering an application for an enforcement order in relation to a contact order under the Children Act 1989, or for an order following an alleged breach of an enforcement order, and asks an officer of the probation service to provide information to the court, and the officer will need to discuss aspects of the court case with an officer of the National Probation Service, the court should give leave to that officer to disclose to the National Probation Service such information (whether or not contained in a document filed with the court) in relation to the proceedings as is necessary.

«registrar» means the officer of the court appointed under the Public Service Act as registrar, associate registrar or deputy registrar of the court;

If, at commencement, a notice filed under section 15 of the Family Law Act 1975 as in force at any time before commencement has not been acted on, an appropriate officer of the court in which the notice is filed must arrange for the parties to the marriage to which the notice relates to be interviewed by a family counsellor for the purpose of assisting the parties to reconcile or to improve their relationship with each other or any of their children.

(2) The Council shall consist of a Judge of the Family Court and such other judges, persons appointed or engaged under the Public Service Act 1999, officers of the Public Service of a State, family counsellors, family dispute resolution practitioners and other persons as the Attorney ‑ General thinks fit.

(1) In relation to a proceeding under this Act, the officers of the Court have such duties, powers and functions as are given by this Act or the standard Rules of Court or by the Chief Justice.

(2) The officers of the Court, other than the Chief Executive Officer, have such duties, powers and functions as are given to them by this Act, by the standard Rules of Court or by the Chief Justice.

The trial court dismissed the allegations made against the Broker in his capacity as a corporate officer of the Brokerage and the court also entered judgment in favor of the Broker individually on the other alleged violations of the Act, ruling that Crank's actions could not be attributed to the Broker individually, only the Brokerage, because the Brokerage was a corporation.