Sentences with phrase «case against the appellant»

The representative of the appellant argues that the judgment of the original court which acknowledged the jurisdiction of the Japanese court in an action of the appellee who is a Japanese national claiming divorce in the present case against the appellant who has a nationality of the German Democratic Republic is against the law.

Not exact matches

Saraki said the appellate court erred in law when it affirmed the competence of the proceedings of the CCT, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.

At the hearing of the appeal, Daudu faulted the judgment of the appeal court on among other grounds that it erroneously affirmed the competence of the proceedings of the Code of Conduct Tribunal, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.

Case Wind Farm Location Year Type Decision Town of Falmouth v. Town of Falmouth Zoning Board of Appeals & others Falmouth Massachusetts 2013 Higher Against wind farm Lawrence J. Frigault et al., Respondents - Appellants, v. Town of Richfield Planning Board et...

[13] Asking the appellant, in front of the jury to provide his «theory» of the case or to explain the evidence against him undermined the presumption of innocence.

The facts of the case also do not support a finding of personal liability against the appellant Simonson.

The appellant states the case against him is based «entirely» on circumstantial evidence.

In this case, the finding against the appellant's credibility pervades the judge's rejection of his claim for greater damages.

The Supreme Court, in dismissing the appellant's appeal against a finding that the local authority's housing duty to her had been discharged, held that the reviewing officer had been entitled to find that there was no medical evidence that a property of its type would have the consequence that the appellant's mental health would be so affected by it as to make it reasonable for her to refuse to accept it in all the circumstances of the case.

[1] This case concerns the right of everyone in Canada, including the appellant, to be secure against unreasonable search and seizure.

«The appellant maintains that, by its nature, a tax on criminal defence legal fees will, at some level, be prohibitive or at the very least act as an impediment to or will interfere with the right to counsel since the additional cost of the tax to an accused will interfere with the financial resources available to mount a defence to the charges brought against him or her,» wrote Tax Court of Canada Justice Brent Paris, summing up the firm's case.

It is only comparatively rarely, at least in family cases involving children, that an Art 8 of the Convention appeal against refusal of asylum and leave to enter should be dismissed on the basis that it would be proportionate and more appropriate for the appellant to apply for leave from abroad.

Commentary by Dunia Zongwe Full Case Can be Found HERE THE FACTS The appellant, Mr. C. L. Mundia, an advocate in Zambia, had represented a client at a disciplinary hearing against a legal practitioner.

The mere fact of the Appellant's acquittal was not enough, in the circumstances of this case, to warrant a finding against the Respondents.

A majority of the Court of Appeal (Justices Bruce McDonald and Barbara Lea Veldhuis) upheld the case management judge's decision striking the appellant's statement of claim in relation to a motor vehicle accident and issuing an order for costs against him.

The original trial judge said that that previous case, in which the Crown took a case against Wallace Duncan Smith, meant «that the Crown Court had jurisdiction to try the appellants for their conduct because a substantial measure of the activities constituting the crime took place in England,» according to the Court of Appeal.

However, the Tribunal notes that the case law has established that its role is not to determine whether the dismissal is justified or whether the sanction taken against the Appellant was appropriate, but to determine whether the Appellant's actions constitute misconduct within the meaning of the Act (Caul, 2006 FCA 251 (CanLII), 2006 FCA 251; Marion, 2002 FCA 185 (CanLII), 2002 FCA 185; Secours, A-352-94).

Its reason for doing so was that if the officer was required to testify in a case that he might bring against the Appellant, his testimony will be at risk if the Appellant sought disclosure of the unproven allegations.

The appellant's lawyer submitted that the comment was «belittling to and dismissive of» her client, and «was indicative of the judge's adverse inclination against her client's case».

Three witnesses (the only witnesses in the case who had identified the appellant as the gunman) claimed that they were in fear for their lives if it became known that they had given evidence against Davis.

In this case the first and second appellant appealed against a decision refusing them permission to instruct independent experts in care proceedings regarding their child.

While the first defence does not apply in this case, the motion judge accepted the respondent's evidence that he was innocent of any wrongdoing and unaware of the fraud perpetrated against the appellant.

Those methods do not resolve difficult legal cases, but merely conceal the true springs of decision in such a case, which involve a careful examination of the practical consequences of a decision for or against the appellant.