Sentences with phrase «discretion of the courts»

This can never be tied down by such strict rules, either in the delineation of the offense by the prosecutors or in the construction of it by the judges, as in common cases serve to limit the discretion of courts in favor of personal security.

Joint custody may be awarded in the discretion of the court.

Ruling on the application, Akanni cited Section 155 of the Administration of Criminal Justice Law of Lagos State 2011, noting that bail was at the discretion of the court.

Ikpeazu held that the application was 100 per cent at the discretion of the court, but added that the court should exercise such discretion judicially and judiciously in accordance with the provisions of the constitution.

Moving the bail application, Uche argued that bail is at the discretion of the court, adding that the offence is bailable.

Mr Umar Muhammed, Director of Public Prosecutions of the Federation, did not oppose the application, as according to him, bail granting was at the discretion of the court.

Responding, counsel to the EFCC, Chile Okoroma, stated that the matter should be left at the discretion of the court, as «the defendants have a right to fair representation in the interest of justice».

The making of such an order is at the discretion of the court and not an automatic right.

Courts are usually not formalistic in their approach to article V (1)(d) and as a result have applied it in a restrictive manner.857 This is consistent with the general discretion of courts to refuse challenges under article V (1) of the Convention, which provides that a court «may» refuse recognition and enforcement.858

When a Virginia prosecutor is unable to obtain a trial date continuance, s / he can move the court to enter the casenolle prosequi, which is a case dismissal without preventing the prosecutor from subsequently recharging the case: A «[n] olle prosequi shall be entered only in the discretion of the court, upon motion of the Commonwealth with good cause therefor shown.»

(2) Leave under paragraph (a) of subsection (1) may be granted or refused at the discretion of the court, and if granted may be granted subject to such conditions as the court thinks proper with respect to the use of any recording made pursuant to the leave; and where leave has been granted the court may at the like discretion withdraw or amend it either generally or in relation to any particular part of the proceedings.

The discretion of the court will be exercised with a view to the best interests of the children, as presented and contorted by counsels» able argument.

S.C. Code § 63-3-620 enumerates these sanctions as, «a fine, a public work sentence, or by imprisonment in a local correctional facility, or any combination of them, in the discretion of the court, but not to exceed imprisonment in a local correctional facility for one year, a fine of fifteen hundred dollars, or public work sentence of more than three hundred hours, or any combination of them.»

The determination of «reasonable and necessary», e.g. orthodontia and professional counseling, would be at the discretion of the court.

Second, Prescribing the terms upon which amendments will be allowed or unnecessary counts and statements stricken from the record; discouraging negligence and deceit; preventing delay; securing parties from being misled; placing the party not in fault as nearly as possible in the condition in which he would have been if no mistake had been made; distinguishing between form and substance; and substituting fixed and certain requirements for the discretion of the court.

Claimants who had suffered sexual abuse but need to seek the discretion of the court under s 33 were driven to alleging that the abuse was the result of, or accompanied by, some other breach of duty which could be brought within the language of s 11.

Subject to the provisions of an Act or rules of court, the costs of and incidental to a proceeding or a step in a proceeding are in the discretion of the court, and the court may determine by whom and to what extent the costs shall be paid.

131 (1) Subject to the provisions of an Act or rules of court, the costs of and incidental to a proceeding or a step in a proceeding are in the discretion of the court, and the court may determine by whom and to what extent the costs shall be paid.

(b) where the appeal is only as to costs that are in the discretion of the court that made the order for costs.

In those cases, the length of time and amount for spousal maintenance is let to the discretion of the Courts.

Temporary maintenance is granted at the discretion of the court during the divorce proceedings and before the final decree.

Section 51 of the Senior Courts Act 1981 provides that «the costs of and incidental to all proceedings in... the High Court... are in the discretion of the court» and CPR 7.2 (1) provides that «proceedings are started when the court issues a claim form».

Due to this section, the court held that any prejudgment interest is subject to the overriding discretion of the court regardless of the rate set by the default rules.

While costs are in the discretion of the court, the Ontario Court of Appeal had previously confirmed that costs must be reasonable in the circumstances as the principle of indemnity must be balanced with the fundamental objective of access to justice:

From the decisions of the cases stated above, it can be concluded that the transfer of suits within a region is solely the discretion of the Court.

Potential penalties for violating the criminal misleading advertising provisions include up to 14 years imprisonment and / or an unlimited fine (i.e., fines in the discretion of the court).

Costs are technically in the discretion of the Court, so where a tactical offer has been made by either party which is refused by the other party and the case goes on to trial and the refusing party achieves a less favourable outcome, the court may well penalise him or her on costs.

However, you should be aware that any such order is at the discretion of the Court and, in any event, will only generally cover a proportion of the fees and disbursements actually incurred by you.

Second, allowing this type of appeal would be contrary to the purpose and intent of Rule 23 (f) and its enabling statutes, under which appeals from class certification orders may be heard only in the discretion of the court of appeals.

The costs of a contentious probate action are within the discretion of the court, applying CPR Pts 43 and 44.

These factors are entirely at the discretion of the court.

Penalties for bid rigging include a fine at the discretion of the court and / or a prison sentence of up to five years.

Costs are in the discretion of the court.

The decision to award fees is dependent on the discretion of the courts and subject to the bias of the judges.

If you receive a traffic violation, it is at the discretion of the courts as to whether or not you can use that credit to dismiss the ticket.

Expect a period of between 2 months and 4 months, though this can be at the discretion of the court.

It is at the discretion of the court.

Temporary alimony is granted at the discretion of the court during the divorce proceedings and before the final decree.

It's up to the discretion of the court as to whether the child will have overnight or weekend visits with the parent who has visitation rights.

While it is ultimately up to the discretion of the court, in previous cases Washington courts have approved parenting plans which only gave parenting time to one parent, even where the other parent was not found unfit.

While it is up to the discretion of the court to determine if the spouse had a good reason, Missouri courts have set aside default judgments when a spouse did not properly serve the petition or misled the spouse into believing the divorce was already settled.

Once the parties have agreed to these terms it is within the discretion of the Court to make the orders sought.

For marriages of more than 20 years, indefinite or the discretion of the court if the parties do not agree.

Rather, whether or not to award post-divorce alimony lies within the exclusive discretion of the court and based on 17 different factors that it can consider in the Pennsylvania alimony statute (23Pa.

Not exact matches

The court held that because Congress had set a date - certain deadline for the issuance of the final regulation, the court had no discretion to delay the mandatory duty imposed.

Unless we are prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency, in terminating your account we may do any of the following at our sole discretion: A. transfer the funds back to the source; or B. convert your account balance to Bitcoins at our then - prevailing rate, subject to applicable fees and as soon as practicable give you 48 hours» notice that we intend to deactivate your account, requesting that you provide us with an alternative bitcoin wallet address to which we can transfer your bitcoin within that period (the «Redemption Period»);

While I don't object to a constitutional amendment that would extend special protection to unborn persons - especially since such an amendment would presumably lodge protection for the unborn beyond the discretion of partisan courts, and also dispose of any potential problems with respect to state action - such an amendment is constitutionally superfluous.

With the passage in 1968 of federal legislation mandating decidedly lowered rent ceilings, court rulings limiting discretion in tenant selection, and pressure from the civil rights movement to put an end to racial bias in tenant selection and assignments, this percentage increased.

In Abuse of Discretion, the latest book lobbed at the unsteady edifice of Roe v. Wade, Clarke D. Forsythe turns to the Supreme Court justices» private notes and memos from 1971 to 1973 in order to «solve the puzzle» of the court's legalization of abortion on deCourt justices» private notes and memos from 1971 to 1973 in order to «solve the puzzle» of the court's legalization of abortion on decourt's legalization of abortion on demand.

The awful discretion which a court of impeachments must necessarily have to doom to honor or to infamy the most confidential and the most distinguished characters of the community forbids the commitment of the trust to a small number of persons.