Sentences with phrase «by appeal court»

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 apply.

Our rules and the way we operate have not been adversely commented upon by the Appeal Court although there are always some cases directing how a specific rule should be interpreted.

Windsor v US left the law in a funny state: same - sex married couples had to decide whether they were allowed to claim tax concessions as spouses but, since the interpretation of a trial judge could be overruled by an appeal court in a later case, they had no real certainty.

The Edmonton Journal headline reads «Edmonton judge's cut - and - paste findings tossed by appeal court ``.

2008: Five men cleared by the Appeal Court of offences under Section 57 of the Terrorism Act; judges say that it is not illegal to possess extremist material unless it is used to inspire terrorism.

«This ruling takes the right approach but there are other decisions by the appeal court that are irreconcilable with this one,» said Lussier.

Her claim that she should be entitled to a full year of sick pay was rejected by the appeal court.

That suspension was later heard by an Appeal Court and upheld.

Mother's Advancement of $ 50,000 to Son Who Died Found to Be a Loan and Not a Gift BY Appeal Court It is often difficult to determine the intention of the grantor when monies are advanced for no consideration from one party to another and it... Read more

A new trial was ordered by the appeal court and ordered to allow previously denied discovery video into evidence.

Sanoma won in first instance, but the judgment was set aside by the appeal court.

«Every successful litigant hopes for finality, and this matter was previously litigated and clearly decided in their favour by the appeal court in prior proceedings,» says Dillon.

The SCC stood by the appeal court's ruling Oct. 16.

«This is the second time his honour has had to be reminded by an appeal court to approach trials fairly and of the overarching importance of justice being seen to be done and not only being done,» said Paul Burstein, president of the Criminal Lawyers» Association at the time.

In the IBM Decision the tests for employers making valid decisions under employment and pensions law are reviewed by the Appeal Court.

The three cases considered by the Appeal Court featured the certain unreasonable behaviour said to justify the award of costs:

More importantly, we will appreciate what each other is capable of in their differing roles without the fears of being sued by clients or publicly admonished by an appeal court.

Mark's election to the senate was annulled last year by the appeal court thereby subjecting him to once again tie with his closest rival from the APC Daniel Onjeh, whom he accused of plotting to eliminate him.

The organisation further described Umeh's action as a propaganda calculated at deceiving the general public that Ekwunife had been disqualified by the Appeal Court from contesting the senatorial election for Anambra Central district.

Ekwunife, a first time Senator who was inaugurated into the upper chamber of the National Assembly on June, 2015, had her election invalidated by Appeal Court in Enugu on December 6, 2015, on grounds of irregularities.

«Ekiti people abhor imposition and that accounted for why the PDP candidate was roundly rejected in that election and forced the party to rig the election, which was subsequently upturned by the appeal court.

Recall that last Friday, former governor of old Anambra State, Chief Jim Nwobodo and a former member of the House of Representatives, Uche Ekwunife, who later represented Anambra Central at the Senate, before her election was annulled by the appeal court, defected to the ruling APC.

The last that was heard about defection at the National Assembly was when a former member of the House of Representatives, Uche Ekwunife, who later represented Anambra Central at the Senate, before her election was annulled by the Appeal Court defected to the ruling All Progressives Congress, APC.

But in his ruling, Justice Tsoho held that Falana's argument had not shifted the court's earlier position in its ruling delivered on April 28, to the effect that the constitutional rights of the interested parties to be heard by the appeal court outweighed the procedural requirements the SAN was relying on.

His administration is challenging the suspension ruling, which was upheld last week by appeal court judges.

Such awards are usually appealed and are often reduced by appeals courts.

The fiduciary standard is getting a lot of attention in the United States once again as the Department of Labour's rule requiring advisors to act in the best interests of their clients was denied by an appeals court

Coinbase's appeal against the charges have been dismissed by an appeals court in Georgia, U.S and will have to face a full - blown jury to prove that the company did not help Cryptsy run away.

The former Lower East Side assemblyman is undergoing a second trial after the first guilty verdict on corruption charges was nullified by an appeals court.

His first, in 2015, ended with a guilty verdict and 12 - year prison sentence - an outcome that was reversed last July by an appeals court that cited a U.S. Supreme Court ruling narrowing public corruption law.

They are still available in some european monarchies, but they don't get handed out very often because they have been replaced by appeal courts and the like.

That conviction and a 12 - year prison sentence were tossed out by an appeals court as -LSB-...]

The verfdct was later thrown out by an appeals court after the U.S. Supreme Court narrowed the definition of public corruption.

If the Supreme Court wasn't functional for an extended period then various different and contradictory decisions made by the appeals courts would build up and there would be different «laws of the land» in each federal judicial district.

Those words of apology and contrition became a bit awkward when Silver was given a mulligan last year by the appeals court.

His 2015 conviction was overturned by an appeals court due to a US Supreme Court's recent ruling that narrowed the definition of bribery.

In an attempt to put this sordid situation in context, Cahill also noted that former speaker Mel Miller and former Senate majority leader Joe Bruno had federal convictions overturned by appeals courts.

A 4 - 4 tie would mean litigation against the polluters could go forward, because that would leave in effect the earlier decision by the appeals court.

Disgraced South Korean scientist Woo Suk Hwang had his conviction upheld yesterday by an appeals court in South Korea, which knocked 6 months off Hwang's suspended sentence.

It is well - recognized that many of the original emissions scenarios in IPCC overstated the trajectories that were actually realized (indeed, this was a minor point made in the NRC / NAS 2001 report that was picked up on, and misunderstood or misrepresented, by the Appeals Court), but so what?

Although Sarkar won an initial ruling, it was overturned by an appeals court.

The distinctive contribution of Dunn's book is to emphasize the degree to which the district judge was not acting arbitrarily (though to some degree he was), but was constrained in what he could do by an appeals court following Supreme Court decisions.

Fields, who ruled the opposite in 2015 and was reversed by the appeals court, refused Friday to stay the appellate decision.

After being found guilty of violating antitrust laws by a US District Judge in 2013 and by an Appeals court in 2015, Apple's request for an appeal to the US Supreme Court was denied this past March, forcing it to settle with the plaintiffs.

This move will more than likely cause a delay to a decision being made over whether to pass... → Read More: Suit Filed By Financial Industry Dismissed By Appeals Court

When the university appealed Close chose not to return to Boston, and ultimately the decision was overturned by an appeals court.

The ruling by appeals court judges — in a case that drew heavy state and industry legal opposition — reinterprets the mission of the Colorado Oil and Gas Conservation Commission to require more than balancing industry interests with protection of people and the environment.

Lundgren, though, had been free because of an emergency stay by the appeals court.

In my opinion, it's perfectly reasonable to focus on the cases in which the appellate decision actually came down (i.e., the completed experiments), implicitly assuming that the affirmance and reversal rates would have been more or less the same if all other decisions had been reviewed by the appeals court.

We have represented people who felt that the court's decisions in their case required another look by an appeals court, and we have helped them with their appeals.