Sentences with phrase «brought under section»

to an application for a native title determination brought under section 61 of the Act where the following circumstances exist:

(1) This section applies to an application for a native title determination brought under section 61 of the Act where the following circumstances exist:

(2) If the person is prosecuted in respect of the offence, a court in which proceedings have been brought under section 70NFB in respect of the contravention of the order must:

Just days after affirming an administrative law judge's decision to dismiss price fixing claims brought under Section 337 against numerous foreign steel companies for failing to plead «antitrust injury» (see our prior post), the U.S. International Trade Commission (ITC) has issued a notice announcing institution of another investigation involving antitrust claims (Certain Programmable Logic Controllers (PLCs), Components Thereof, and Products Containing Same, Inv.

In the case of an alleged unlawful practice occurring in a State which has a law prohibiting discrimination in employment because of age and establishing or authorizing a State authority to grant or seek relief from such discriminatory practice, no suit may be brought under section 626 of this title [section 7] before the expiration of sixty days after proceedings have been commenced under the State law, unless such proceedings have been earlier terminated: Provided, That such sixty - day period shall be extended to one hundred and twenty days during the first year after the effective date of such State law.

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.

(2) If a motion is brought under section (1), a) the applicant must set a date for the hearing that is i. No later than 60 days after notice of the motion is filed with the court, and ii.

By way of background, when a claim is brought under section 11 of the Police Act, the Minister is named «on behalf of the government».

In Marek v. Chesny, the Supreme Court in 1985 ruled that «costs» under Rule 68 do include attorney fees in a civil rights case brought under section 1983, although only in the context of the plaintiff's post-verdict application for fees under section 1988.

«(A) any claim in a civil action brought under section 1595 of title 18, United States Code, if the conduct underlying the claim constitutes a violation of section 1591 of that title;

Two Supreme Court of Canada cases will be relevant to any claim brought under section 15.

The City's application was brought under section 380 of the City of Toronto Act, 2006 which allows the City to bring an application to restrain any conduct which contravenes a city by - law.

(c) No showing that the proceeding or suit would be in the public interest (as these terms are interpreted under section 5 (b) of the Federal Trade Commission Act) is necessary in any action brought under this section.

Statute of limitations.An action may not be brought under section 45 - 810 or 45 - 812 after four years after the date of the execution of the contract for services to which the action relates.

While moving the bail application which was brought under section 35 (1) & (4) and 36 (5) and (6) of the 1999 constitution and section 158, 162, 163 & 165 of the Administration of Criminal Justice Act 2015, Uche had urged the court to release his client on bail pending his trial.

While moving the application brought under Section 35 (1) & (4) and 36 (5) and (6) of the 1999 constitution and Section 158, 162, 163 & 165 of the Administration of Criminal Justice Act, 2015, Eze urged the court to exercise its discretion in favour of his client by releasing him on bail pending trial.

Marc's arbitration work includes handling substantial cases across a number of industry sectors including mining and other commodities, as well as experience in bringing and defending challenges to arbitration awards in the English Court (brought under sections 68 and 69 of the Arbitration Act 1996).

The equality rights branch of the program should focus on challenges brought under sections 15 and 28 of the Canadian Charter of Rights and Freedoms (which sets out equality rights) and under section 35 (4) of the Constitution Act, 1982 (which recognizes Indigenous rights).

Not exact matches

«A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of this clause or any State law permitted under section 403A (a)(4).»

The charges in part read: «That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst bring Senior Special Assistant, Domestic Affairs to the President on or about 27th November within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: the sum of N10billion being part of the funds in the account of the National Security Adviser with the CBN, the equivalent of which sum you received from the CBN in foreign currencies to wit: $ 47million and $ 5.6 million Euros committed criminal breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party (PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.

The letter asks that Bruno's lawyer agree that new charges under a different section of law could be brought against the 82 - year - old Rensselaer County Republican in exchange for the dismissal of the charges.

The convicts were brought pursuant to Section 26 of the Independent Corrupt Practices and Other Related Offences Commission Act 2000, punishable under Section 12 of the same Act.

After measuring and mapping rocks, Lowe brings samples back to Stanford to cut into sections so thin that their features can be revealed under a microscope.

Only when public uproar over my first Sunday Times MMR reports led to the retraction of the paper's «interpretation» section in March 2004, and the UK General Medical Council invoked its formidable powers under the 1983 Medical Act, were they brought to light at a fitness to practise hearing.

If missed, see the gift we brought her in this weekly wins post, under the «give» section!

Then take the remaining «tail» from the section of hair just pinned with an additional section of hair, creating one section of hair, twist and bring it the opposite side and pin securely with bobby pins directly under the previous twist.

Step 7 / Repeat those steps crossing the side strands under the middle strand and bringing new sections into the braid until it reaches the crown.

Well, it's basically a reverse French braid — bringing the sections of hair under the plait instead of above makes a neater, more defined braid.

Only evaluations conducted in accordance with the rubric adopted by the Board and approved by the Commissioner may be used to bring a charge of inefficiency under this section.

The Minnesota Supreme Court upheld a busing statute allowing private school students to ride on public school buses against a challenge brought under one of Minnesota's Blaine Amendments (Article XIII, Section 2) because the program's primary purpose and effect was neither to benefit nor support religious schools, despite providing incidental and indirect encouragement of private school attendance.

The Colorado Supreme Court upheld the Colorado higher education grant program against a challenge brought under one of its Blaine Amendments (Article IX, Section 7) because the program benefits students, not their schools, because it is available to private as well as public school students, and because it eliminates any danger of indirectly supporting religious missions by attaching statutory conditions on the use of the money.

The court granted defendants» motion to dismiss, finding that while the plaintiffs had standing to bring facial challenges to the ESA program their facial challenges under Sections 2 and 10 were without merit.

In addition, the state said that under Section 6 - 202 of the Education Article of the Annotated Code of Maryland, local superintendents can, at any time, bring charges for dismissal of a teacher for incompetence.

In June, California's Fourth District Court of Appeal ruled that a charter school student was not entitled to the evidentiary hearing required under Education Code section 48918 before being dismissed from a charter school for bringing a knife to school and threatening a fellow student (Scott B. v. Orange County High School of Arts 217 Cal.App.4 th 117 (Cal.App.

Any employer, employment agency, labor organization, or joint labor - management committee which believes that the application to it of any regulation or order issued under this section would result in undue hardship may (1) apply to the Commission for an exemption from the application of such regulation or order, or (2) bring a civil action in the United States district court for the district where such records are kept.

(6) to refer matters to the Attorney General with recommendations for intervention in a civil action brought by an aggrieved party under section 706, or for the institution of a civil action by the Attorney General under section 707, and to advise, consult, and assist the Attorney General on such matters.

(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, United States Code.

«In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three - judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case.

The Surface Transportation Board shall revise the maximum amount of rate relief available to railroad shippers in cases brought pursuant to the method developed under section 10701 (d)(3) of title 49, United States Code, as that section existed as of the date of enactment of this Act, to be as follows:

The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action against Defendants Apple, Inc. («Apple»); Hachette Book Group, Inc. («Hachette»); HarperCollins Publishers L.L.C. («HarperCollins»); Verlagsgruppe Georg von Holtzbrinck GmbH and Holtzbrinck Publishers, LLC d / b / a Macmillan (collectively, «Macmillan»); The Penguin Group, a division of Pearson plc and Penguin Group (USA), Inc. (collectively, «Penguin»); and Simon & Schuster, Inc. («Simon & Schuster»; collectively with Hachette, HarperCollins, Macmillan, and Penguin, «Publisher Defendants») to obtain equitable relief to prevent and remedy violations of Section 1 of the Sherman Act, 15 U.S.C. 1.

If a lender fails to do so, a borrower may bring a private law suit under this Section.

A person that is damaged by a credit services organization's violation of this chapter may: (1) bring an action to recover the greater of two (2) times the amount of actual damages or one thousand dollars ($ 1,000) and attorney's fees; and (2) bring an action against the bond or irrevocable letter of credit required under section 8 of this chapter to recover an amount equal to the person's actual damages.

(a) The administrator may bring an action to restrain a creditor or a person acting in his behalf from engaging in any business subject to licensing under subsection (a) of Section 5-19-22 without first obtaining a license therefor as provided in Section 5-19-22 and a licensee or any person acting in his behalf from engaging in violations of this chapter or engaging in a course of fraudulent or unconscionable conduct in inducing debtors to enter credit transactions or in the collection of debts.

Except as set forth in subsection (a), no action may be brought by the debtor under this section based upon a violation of any provision of this chapter more than two years after the date the violation occurred; provided, however, this limitation shall not bar a debtor from asserting a violation of this chapter in an action brought by the creditor, as a matter of defense by recoupment or setoff in such action, if otherwise allowed by law.

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

Since then, she says that a couple of her most memorable moments as a veterinarian are performing a C - section on a ewe under flashlight and bringing her dog Millennia back from a Parvovirus - induced hypoglycemia cardiac arrest.

In such cases, usage of the tactic (s) necessary to bring about such continuance shall be deemed illegal and banned under rules section 2.0.

The exhibition is divided into several sectors: On the seventh floor, the section «Portrait of the Artist» brings together self - portraits with portraits of artists and other members of the creative community; Early Twentieth Century Celebrity and Spectacle; under the rubric of «Street Life» the exhibition presents artists who took to the pavement with their cameras, photographing subjects as they encountered them, sometimes surreptitiously; Portraits Without People; Body Bared (nude portraits); Self Conscious; Institutional Complex and Postwar Celebrity.

The stands that shone out across the main section tended to focus on just on one or two artists (painting, drawing and sculpture by Gary Hume RA at Sprüth Magers), or, more inventively, brought together lots of artists under one particular curatorial treatment (a playful recreation of an artist's atelier at Hauser & Wirth's stand, whose floors and walls were filled with everything from Louise Bourgeois to Phyllida Barlow RA).

He also worked collaboratively with the attorneys in the Environment Section to represent OEHHA in cases brought under Proposition 65.