Sentences with phrase «exercise of the court»

In his submission, counsel to the second defendant, Destra Investments Limited, allegedly owned by Metuh, Tochukwu Onwugbufor (SAN) said the application deals with the exercise of the court's discretion.

The approach adopted by the Court Appeal in Martin - Dye remains but one exercise of a court's discretion.

... I conclude that the principles of law which govern the exercise of the Court's discretion in the circumstances of this case may in summary form be stated as follows: The defendants must establish that there has been inordinate delay and that this delay is inexcusable.

Until recently, in Ontario, the Courts permitted the extension of a limitation period if the plaintiff could show that there was no prejudice to the defendant and that there were «special circumstances» justifying the exercise of the Court's discretion.

He stated that the principle factors which are relevant to the exercise of the Court's discretion relate to the funding of, benefit and control of the defence of the proceedings.

These are that: (i) the jurisdiction is to be invoked and exercised exceptionally and with great caution; (ii) there must certainly be something more than mere infringement of the criminal law before the assistance of civil proceedings can be invoked and accorded for the protection or promotion of the interests of the inhabitants of the area; (iii) the essential foundation for the exercise of the court's discretion to grant an injunction is not that the off ender is deliberately and flagrantly flouting the law, but the need to draw the inference that the defendant's unlawful operations will continue unless and until effectively restrained by the law and that nothing short of an injunction will be eff ective to restrain them.

As we know, the Court of Appeal found that a claim for ancillary relief is a real claim depending for its quantification on the exercise of the court's discretion.

«There have been circumstances justifying criticism of a party's decision to act in the face of a pending proceeding and in an order setting aside actions circumventing the exercise of the court's jurisdiction.

For children, this is most often found in the exercise of court powers in relation to care proceedings, but it can also extend to wardship proceedings (now being used in relation to children who are under threat from FGM (female genital mutilation) or being removed to live in Syria or other troubled countries).

In considering the factors relevant to the exercise of the court's discretion, under s 33 of the Limitation Act 1980 (LA1980), to extend the limitation period beyond that specified in LA 1980, s 11 what matters most is not the length of the delay itself, but the reasons for that delay and its potentially prejudicial effect; moreover, it may be reasonable to delay issuing proceedings on account of the defendant's impecuniosity.

Overall the Court will consider the harm to each party if the certificate is or is not issued as well as any other relevant matters between the parties in the exercise of the Court's discretion in equity.

The purpose of section 11 is to support the exercise of the court's power to allow a name or other matter to be withheld in court proceedings, by conferring a statutory power to give ancillary directions prohibiting publication of the relevant information.

It was inherent in that agreement that the KRG had waived any immunity from the exercise of the Court's supervisory powers under English law and its powers under section 66 of the English Arbitration Act.

In the exercise of this Court's discretionary power to grant or withhold the declaratory judgment remedy, it is of controlling significance that it is in the public interest to avoid the needless determination of constitutional questions and the needless obstruction to the domestic policy of the states by forestalling state action in construing and applying its own statutes.»

The circumstances relevant to the exercise of the court's discretion to relieve against full forfeiture are largely within the knowledge of the surety.

According to the ABCA, based on established case law (RM v JS, 2013 ABCA 441 (CanLII)-RRB-, the exercise of a court's discretion to consider the wishes of a child is dependent on two pre-conditions: i) that the child objects; and ii) that the child has attained an age and degree of maturity at which it is appropriate to take account of the child's views.

However, the confidentiality of a relevant document is not, of itself, a justification for refusing to disclose it, although it may be relevant to the exercise of the court's discretion to order disclosure.

In circumstances where there are related criminal proceedings, the following principles (among others) will apply to the exercise of the court's discretion to stay civil proceedings: [4]

The period from either of these dates is three years, subject to a possible extension by the exercise of the court's discretion.

Since 1 April 2013, a number of cases involving applications for LSPOs have been reported, most notably that of Rubin v Rubin [2014] EWHC 611 (Fam), [2014] All ER (D) 97 (Mar), in which Mr Justice Mostyn provided detailed guidance about the principles and procedure governing the exercise of the court's powers to make LSPOs as well as making it clear that an order will only be made in relation to costs already incurred when the court is satisfied that, otherwise, the applicant will not be able to secure legal services going forward.

[37] Thus, averaging over a five year period may be an appropriate exercise of the court's discretion under s. 19 where it would more accurately reflect the income available to a payor spouse than a three year average would.

The defendant's application fails as it has not established any compelling grounds for the exercise of the court's discretion for the order sought.

I simply interpret the rule to require compelling grounds for the exercise of the court's discretion to make the order.

Nevertheless, the complaint must be dismissed because quite apart from the question of service on the principal defendants, there is no factual basis for the exercise of this court's subject matter jurisdiction.

Even if we had taken a different view of the substance of the case, in the exercise of the court's discretion we would have declined to grant any relief, having regard in particular to the fact that Parliament has addressed the question whether there should be a referendum and, in passing the European Union (Amendment) Act 2008, has decided against one.

Accordingly, the plaintiffs seek to have the church properties turned over to their congregations pursuant to the exercise of this Court's inherent jurisdiction over trusts and charities.

Yet all of this was a backdrop to what the real exercise of the Court of Appeal's decision was about — the reasonableness of the law society's decision.

The jurisdiction of this Court, therefore, has been specifically defined, though scope is left for ordinary legislation to «make further provision for the operation of the Supreme Court», and for the publication of subsidiary legislation to regulate the mode of exercise of the Court's jurisdiction.

The object of these Rules is to facilitate the just, expeditious and impartial determination of election petition appeals in exercise of the Court's appellate jurisdiction under Article 164 (3) of the Constitution.

Since his job required him to travel out of town, he was unable to exercise all of his court - ordered visitation.

If the proper exercise of the Court's discretions to dismiss pursuant to Order 20 or Order 35A, or pursuant to its residual discretion, does not support the dismissal of a native title application, there should be no other basis on which the application is liable to be dismissed.

The preconditions to the exercise of the Court's discretion are:

Not exact matches

«While Qualcomm may object to this litigation strategy as duplicative, the Court will not conclude that Apple's exercise of its rights under foreign laws is vexatious.»

It's prudent for courts and congress to exercise caution before restructuring liability theories for the purpose of addressing specific market abuses, despite their apparent present magnitude.

Writing for the majority, Justice Antonin Scalia, the Supreme Court's most famous religious conservative today, essentially denied the plaintiffs free exercise of their religion.

Ahead of the visit, he has done much to win Beijing's favor, including rebuffing the US over joint military exercises, downplaying an international - court ruling that rejected China's claims in the South China Sea, and criticizing US leadership.

«The notion that Christians may exercise their faith on Sundays but forget about it when they step into work on Monday is not real freedom of religion and is not freedom of conscience,» Scoffield told the court.

«In the district court, NFIB's standing was established by many individual small business - owners, in addition to Mary Brown, all of whom are members of NFIB and who have exercised their right to not purchase insurance,» says Karen Harned, executive director of NFIB's legal center.

A suspended Coconut Creek police officer won his first round in court late Monday when a Broward jury found him not guilty of molesting an aspiring cop during a supposed training exercise two years ago.

During the court proceedings, Levandowski exercised his Fifth Amendment rights to avoid providing testimony or handing over evidence regarding his use of proprietary data from his time at Google.

For precisely the same reasons that I found your statement to be laughable, the government must insure that mechanisms are put in place to insure that the actual persons granted free speech rights by the Supreme Court (the owners of the corporations) are the ones actually exercising their new rights instead of having those rights stolen by fat - cat executives and self - appointed boards.

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Two months in the past the Supreme Court of Israel issued an injunction order forbidding one of many greatest banks within the nation from halting the account exercise of an area bitcoin alternate.

In the court documents filed Friday, lawyers for Cohen and Trump exercised their ability to move the lawsuit from state court to the U.S. District Court for the Central District of Califocourt documents filed Friday, lawyers for Cohen and Trump exercised their ability to move the lawsuit from state court to the U.S. District Court for the Central District of Califocourt to the U.S. District Court for the Central District of CalifoCourt for the Central District of California.

We reserve the right to provide information to law enforcement personnel and other third parties to answer inquiries; to respond to legal process; to respond to the order of a court of competent jurisdiction and those exercising the court's authority; and, to protect us and our users.

The Court proceeded to observe that «it is uncontroverted that GHGs are harmful to both health and the environment and as such, constitute an evil that justifies the exercise of the criminal law power.»

As the Supreme Court of Canada has confirmed, a law aimed at suppressing or reducing an «evil» or addressing a public concern relating to peace, order, security, morality, health, or some other similar purpose is a valid exercise of the federal government's criminal law power.

A close connection has assuredly existed between the amount of discretionary authority actually exercised by the Supreme Court and the difficulty of amending the Constitution....

The seriousness of the problem is revealed by the fact that, although Trinity Lutheran has come before the Supreme Court as a free exercise and equal protection case, the Blaine Amendments most centrally collide with the Establishment Clause.

He also criticized the government for trying «to quash the exercise of conscience by hauling religious dissenters into court.»