Sentences with phrase «duty of the court»

He however held that it was the exclusive duty of the Court of Appeal to determine whether they were rightly or wrongly given.

In each district court, a chief judge, who is selected by the district court judges within the district, is responsible for the administrative duties of the court.

Other duties of the Court Administrator's Office are scheduling courtrooms, developing and maintaining the judiciary budgets, and handling all ADA accessibility concerns for the court.

The application of the Constitution of the United States, especially as it may affect personal privileges, is the most serious duty of the court.

Introduction Essentially this case involves the conventional distinction between proceedings in the Administrative Court and proceedings in the Court of Protection and reminds us of the sometimes fraught interface between the public law duties owed by a public authority, in this case the NHS, and the statutory duties of the Court of Protection in a private law context around best interests for incapacitated people.

So Justice Stratas must be intending to reference Alberta's right to intervene in the proceedings (with a corollary duty of the Court to allow the intervention).

He said that it was the duty of the court to allow a witness in a criminal trial to be cross examined with questions contemplated by law adding that the display of apprehension by EFCC was unjust and un-called for.

It states that the duty of the court is «to consider whether it would be appropriate... that the financial obligations of each party towards the other will be terminated as soon after the grant of the decree as the court considers just and reasonable».

This was because the dominant purpose of the Proceeds of Crime Act 2002 was to make confiscation the duty of the court and it would defeat the purpose of the confiscation legislation if orders were treated as bad simply because there had been a failure to comply with procedural provisions laid down for postponement.

It was the duty of the court to protect C from that potential abuse.

The tradition recognizes both the power and the duty of the courts to act in the child's best interests.

And though the task may be a delicate one and a difficult one, it will be the duty of the court in such cases, when the doctrine to be taught or the form of worship to be used is definitely and clearly laid down, to inquire whether the party accused of violating the trust is holding or teaching a different doctrine, or using a form of worship which is so far variant as to defeat the declared objects of the trust.

In the case of Attorney General v. Pearson, cited before, the proposition is laid down by Lord Eldon and sustained by the peers that it is the duty of the court in such cases to inquire and decide for itself not only what was the nature and power of these church judicatories, but what is the true standard of faith in the church organization and which of the contending parties before the court holds to this standard.

[1 -LSB-...][3] Re O'Connell, Whelan and Watson [2005] EWCA Civ 759, for a thorough review of McKenzie friends and the duties of the Court in another context.

It is not only the duty of the court to relieve him from such damages, but no sentence should be affirmed where from the nature of the proceedings the whole case appears on the record unless those proceedings are such as to show on what the decree has been founded and to support that decree.

It is the courts that are directed by Parliament to impose a mandatory minimum term of imprisonment, and it is the duty of the courts to scrutinize the constitutionality of the provision.

Query whether there is any duty of the court to refer to the existence of a co-pending case and / or a prior hearing in their decision.

10 (1) In a divorce proceeding, it is the duty of the court, before considering the evidence, to satisfy itself that there is no possibility of the reconciliation of the spouses, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so.

While in some counties it is the duty of the court judge to appoint the clerk, in some other districts, the responsibility lies on the citizens of the district.

(3) If a court decides that a person had a reasonable excuse for contravening an order under this Act for the reason referred to in paragraph (2)(a), it is the duty of the court to explain to the person, in language likely to be readily understood by the person, the obligations imposed on him or her by the order and the consequences that may follow if he or she again contravenes the order.

For the duty of the Court to advise people to use dispute resolution processes, see section 23 of the Act.

(5) Without prejudice to the duty of a court of summary jurisdiction to comply with this section, failure by such a court so to comply does not invalidate any order of the court in the proceedings.