Sentences with phrase «by leave of the court»

Since their agreements are unlikely to contain an agreed court appeal, removing section 44 (2) will prevent any access by leave of the court, no matter how difficult that leave may be to obtain in most circumstances anyway.

This is true, but ALRI prefers the more direct approach of simply statutorily removing appeals by leave of the court on a question of law.

[127] Whether an appeal route exists by agreement or by leave of the court on a question of law, a main form of justice that a court can provide is to correct wrong interpretations of the law by arbitrators.

There is no appeal by leave of the court.

An arbitral award made in England may, by leave of the court, be enforced in the same manner as a judgment or order of the court (section 66).

When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may by leave of court set up the counterclaim by amendment.

Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.

After an action has been set down for trial, a plaintiff may discontinue it in whole or in part against a defendant with the consent of all parties of record or by leave of the court.

(b) after the birth of the child, but not later than 12 months after the birth except by leave of the court.

proceedings of a kind referred to in paragraph (c), (caa), (ca) or (cb) of the definition of matrimonial cause in subsection 4 (1)(not being proceedings under section 78 or 79A or proceedings seeking the discharge, suspension, revival or variation of an order previously made in proceedings with respect to the maintenance of a party) shall not be instituted, except by leave of the court in which the proceedings are to be instituted or with the consent of both of the parties to the marriage, after the expiration of 12 months after:

Not exact matches

The Supreme Court agreed with the provinces, but left Flaherty an opening by ruling that Ottawa has a role in matters of national importance and scope, including preventing systemic risks in the financial system.

Barrister John Vaughan has been appointed a judge of the WA Supreme Court, filling the vacancy left by the resignation of Justice Peter Martino.

Apple (aapl) is fighting a court order obtained by the FBI last month that requires the company to write new software to disable the passcode protections on a work iPhone used by Rizwan Farook, one of the two shooters in a December rampage that left 14 dead and 22 wounded.

Those companies had thrived and won acclaim from the business press by providing so many perks — free food, basketball courts, video - game rooms, laundry services — that employees never had to leave the confines of the office park.

Assange and his attorney said Britain's vote to leave the European Union could complicate his situation by limiting his ability to appeal to the European Court of Justice or the Council of Europe, a European human rights body.

The court order, issued on Thursday, came in response to a flood of individuals seeking a piece of an estate some have valued at more than $ 500 million, left by Prince when he died unexpectedly in April at the age of 57, apparently without a will.

The high court left in place an August 2017 ruling by the New York - based 2nd U.S. Circuit Court of Appeals in favor of the scourt left in place an August 2017 ruling by the New York - based 2nd U.S. Circuit Court of Appeals in favor of the sCourt of Appeals in favor of the state.

Just 16 states and the District of Columbia have set up their own health insurance marketplaces, which left millions of residents in the 34 states that rely on exchanges run by the federal government vulnerable to the Supreme Court's ruling.

Previously in court records, the only asset reportedly left by Lynda, who died of pneumonia Nov. 1, was the Kia.

55 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 54 (1) is commenced by making an application for leave to the Court.

With the Supreme Court striking down the Defense of Marriage Act last year and same - sex marriage now imposed by court after court, it's hard to sustain the illusion, much cherished by the secular left as a scare tactic, that our country is on the brink of a theocratic takeCourt striking down the Defense of Marriage Act last year and same - sex marriage now imposed by court after court, it's hard to sustain the illusion, much cherished by the secular left as a scare tactic, that our country is on the brink of a theocratic takecourt after court, it's hard to sustain the illusion, much cherished by the secular left as a scare tactic, that our country is on the brink of a theocratic takecourt, it's hard to sustain the illusion, much cherished by the secular left as a scare tactic, that our country is on the brink of a theocratic takeover.

Over at No Left Turns, Peter Lawler reminds us that part of the problem with an unrestrained judicial activism is precisely its championing of the ever expanding rights of the Lockean individual — the essential premise of Texas v. Lawrence is that the word «liberty» as used in the Fourteenth Amendment is an indeterminate concept meant to be expanded indefinitely by the Supreme Court.

Multiple appeals by ownership to higher courts have been denied, and there seems to be very little legal recourse left for the team and its supporters who seek to keep the name for the sake of NFL tradition.

They repeatedly requested the Massachusetts General Court, for example, to establish a constitution so that the people of the commonwealth would not be left «in a state of nature,» by which they meant, with Jonathan Edwards, «Hobbs state of war,» where men «would act as the wild beast of the desert; prey upon and destroy one another, «35 We are not surprised to learn that Alexander Hamilton said, «We may preach till we are tired of the theme the necessity of disinterestedness in republics, without making a single proselyte.»

Speaking from the left, Harvard's Duncan Kennedy describes Supreme Court decisions as the product of «the bizarre impact of self - delusion on the implementation of the political agenda by the judge.»

It's a little too late for praying, it's Mrs.Clinton's call to be @ the helm; now, with her hubby Mr.Clinton as VP; and one of you out of all of you, need to tell Romney he's committed fraud, for leaving the Post of so - called gov.that theirs a 2 yr.interval that must be met; the same fo Obama; whom is worst off then Bush Jr.then for none of you to have no Allegiance to be nothing but commander of thieves, since April 4th, 1968 to presently; in the killing of Dr.King Jr.must still go under Oath to all you perjurers; that mustn't go unpunished to the array of charges I have stored up against each of yo on every job, on every public premise; that Obama didn't praywhen he lied to GOD ALMIGHTY in perjury; to have left the seat of sen.to jump to the office; knowing he hadn't a clue what to do; so he got Joe, which is Cheney all over; whom should of been out of public; and he knows that and all the fugitives, even in the Italian led court in DC; that will have to answer to what is -LCB- H.R. 7152 -RCB-; and why they let Olsen for Bush Jr.waste the American's People's time, not to mention all the lives that's been lost; for the tyrannies since 1968 to presently has cost; Vote I, Edward Baltimore; to confirm I; Governor of DC; as of 2/16/12; cause DC; has been a State, already; and all you slaves from State to State; need to snap out of your peonage which is prohibited by Federal Laws; on anybody!!!!!!!

The opinions collected here» some dissenting from the majority of the Court, others concurring in judgment but rejecting the majority's reasoning» show how Scalia applies his textualism to these issues, and how it differs from competing theories of interpretation, most notably the «living Constitution» view favored by many on the left and the varieties of intentionalism favored by many conservatives and moderates.

The president's introduction of Judge Neil Gorsuch to the nation as his nominee for the Supreme Court vacancy left by Justice Antonin Scalia's death gave us a lift we sorely needed.

The High Court had granted the Commonwealth of Australia special leave to appeal the decision in Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 (1 May 2015), in which the Full Federal Court concluded that they should not have any regard to the figures agreed by the parties in relation to penalties.

An open - court steal by former Maverick Devin Harris allowed Atlanta to hold off Dallas: up one with half a minute left, Harris caught up to a streaking OJ Mayo after a strip by Elton Brand to save a lead, then saved the ball from going out of bounds, allowing the Hawks to finish with free throws.

For Ospina, who has already indicated he wants to leave, and has been courted by Fenerbahce for some time, the offer is even less with a bid of # 3m being quoted.

Having delivered his pregame talk, he would leave the locker room on the lower level of Reynolds Coliseum in Raleigh, mount the steps that led to the court, and stand on the top one, still unseen by the crowd.

I can't remember if you sided for or against but I remember when Theo was being courted by City and Liv when just about every Gooner wanted him to stay, he was important for the chase with CL places and we were losing players at that time, we offered the 100 thou he asked because if Theo had of left Arsene would have gotten slaughtered.

The 24 year old is likely to leave Borussia Dortmund this summer and is known to be a player Louis van Gaal is courting and by all accounts Man United's primary betting sponsors could well have «let the cat out of the bag» on the deal.

The club's appeal against a transfer ban for breaching FIFA rules was rejected by the Court of Arbitration for Sport and the Frenchman says it would have been a «dirty move» had he decided to leave.

The court of appeal in Belfast has today ruled that reform of abortion law in Northern Ireland should be left to the Northern Ireland Assembly, and not decided by the courts.

The state Commission on Judicial Nomination has begun the formal process of filling the seat on the state Court of Appeals left empty by the death of Judge Sheila Abdus - Salaam, whose body was retrieved from the Hudson River west of her home in Harlem last Wednesday.

Elsewhere in the speech, May promised control of laws, by leaving the jurisdiction of the European Court of Justice (ECJ); control of immigration, by leaving the single market; rights of EU nationals, despite failing to guarantee at that point that they would not be deported; new trade deals, by leaving the customs union; and free trade with European markets, by pretending that nothing had happened.

Also at 11 a.m., Assemblywoman Monica Wallace and Mary Travers Murphy, executive director of the Family Justice Center, discuss bills passed by the state Assembly to empower domestic violence victims to leave their abuser, Family Justice Center, Main Court Building, 438 Main St., Suite 201, Buffalo.

The New York Court of Appeals denied leave to appeal in two cases over chimpanzees being held in cages by owners upstate, which leaves the lower appellate court's ruling in pCourt of Appeals denied leave to appeal in two cases over chimpanzees being held in cages by owners upstate, which leaves the lower appellate court's ruling in pcourt's ruling in place.

It is important for you to know that after Rudy Giuliani and Preet Bharara left their offices at the US Attorney, some of their overcharged indictments that were fueled by the media to make them famous and powerful, were eventually thrown out of court.

By beating her sister Venus 6 - 4, 6 - 4, Serena took her tally of Grand Slam singles titles to 23, which eclipses Steffi Graf's Open era record of 22 and leaves her just one short of Margaret Court's all - time tally.

«I think having read the ruling of the Supreme Court and looked at the file on this subject, the handling of the Delta Food Ltd contract by the Ministry of Agriculture and the Castle leaves much to be desired.

So the choice of Paul G. Feinman, an associate justice of the Appellate Division of the State Supreme Court in Manhattan, to fill the seat left open by the death of Judge Sheila Abdus - Salaam in April was a watershed for gay New Yorkers.

Justice Paul G. Feinman, of the Appellate Division of the State Supreme Court in Manhattan, will take the seat left open by the death of Judge Sheila Abdus - Salaam.

She had asked for briefs this week, but prosecutors said they would agree to leave them out until after the Supreme Court rules — likely by the June 24 end of its term — and the two sides file briefs over five weeks, and then agree to 60 more days after Wood rules.

Judge Robert Smith, a well - respected jurist appointed by former Gov. George Pataki, will leave the Court of Appeals at the end of 2014 because he's reached the mandatory retirement age of 70.

Massachusetts» highest court has reduced penalties imposed against two electric utilities by state regulators for their poor responses to a pair of 2011 storms that left hundreds of thousands of customers without power for days.

After the ceremony, Mr. Cuomo left by the rear of the court, while Mr. Bharara left by the front entrance.

He also sought the leave of the court for the service of the originating summons on the defendants in their various addresses outside the jurisdiction of the court as contained on the order papers, supported by 17 - paragraph affidavit.