Sentences with phrase «exercise of the discretion given»

We do not think that it is proper, we do not think that it is the proper exercise of the discretion given to him under the constitution.»

Not exact matches

Witnesses repeatedly criticized IFRS for stripping auditors of their ability to «exercise prudent judgment» — which is another way of saying it gives management wide discretion when reporting financials.

In the event of a change of control (as defined in the plan), the compensation committee may, in its discretion, provide for any or all of the following actions: (i) awards may be continued, assumed, or substituted with new rights, (ii) awards may be purchased for cash equal to the excess (if any) of the highest price per share of common stock paid in the change in control transaction over the aggregate exercise price of such awards, (iii) outstanding and unexercised stock options and stock appreciation rights may be terminated, prior to the change in control (in which case holders of such unvested awards would be given notice and the opportunity to exercise such awards), or (iv) vesting or lapse of restrictions may be accelerated.

«Given the unusual combination of facts — as well as the fact that nothing in the existing Rules or Decisions specifically addressed such circumstances of simultaneous competitor error and Committee error — the Committee reasonably exercised its discretion under Rule 33 - 7 to waive the penalty of disqualification under Rule 6 - 6d, while still penalizing Woods two strokes under Rules 26 - 1a and 20 - 7c for playing from a wrong place.»

The DPP urged the court to exercise its discretion in favour of the state because Aluko had given evidence under cross examination that the election which brought Fayose into power was free, fair and credible devoid of military harassment.

It's all very subjective, and a great deal of leeway is given to the exercise of prosecutorial discretion.

If we understood the consequences of any given action, we could exercise discretion, thus restructuring our fate.

For example, in the recent Liden v Burton [2016] EWCA Civ 275, [2016] Fam Law 687 (proprietary estoppel: see next article) Hamblen LJ characterised the issues on appeal as: «(i) whether the judge wrongly applied the law to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular case.

In particular, the court noted [at paragraph 29] the established principle that «though discretionary decisions will generally be given considerable respect, that discretion must be exercised in accordance with the boundaries imposed in the statute, the principles of the rule of law, the principles of administrative law, the fundamental values of Canadian society, and the principles of the Charter.»

The CPS should: «Set out in advance how it intends to approach the exercise of discretion in any given category of case... Explain how any given decision has been reached.

«Although the Court of Appeal states that an interim order is to be used only in extraordinary cases, significant discretion is given to the Inquiries Committee in making the determination, which if exercised, is almost impossible for a health professional to challenge,» he says.

The same factors are likely to be relevant when consideration is being given to the exercise of this discretion in civil or family proceedings.

It shrinks the broad, unfettered discretion [the prior framework gave] the relevant regulatory authorities to conduct a compliance audit of an ILP, albeit only of an ILP, to a discretion which is properly exercised only in response to conduct which has or is alleged to have occurred in the past — and conduct which inevitably comes to attention only haphazardly, in ways which underreport conduct which ought attract regulatory scrutiny by many tens, if not hundreds of times.

The district court gave thoughtful attention to factors recognized in § 3553 (a) and exercised sound discretion to ensure that the punishment fit the crime and the circumstances of the appellants.

For five years she was a member of the BC provincial court, time and time again, when serious criminals — including sex offenders — appeared before her court, she exercised her discretion to give them a lenient sentence.

For the court to exercise its discretion so as to leave the Claimants without the possibility of a determination on the merits in either jurisdiction does not seem to me to be what Parliament intended when it gave Claimants a jurisdictional choice.

Given the significant impact of that change, the Court exercised its discretion to quash the resolution.

MYSTERY # 1 Answer: Isn't the presumption - on - appeal just another way of saying that abuse of discretion review applies — per Stevens — and that sentencing within the guidelines is presumptively a reasoned exercise of discretion, given all the reasoning behind the guidelines, at least where all the proper procedural steps were taken by the district court at sentencing?

The weight that the court, in the exercise of its discretion under Rule 12 (6), gives to the loss of insurance coverage as a potential disadvantage that the other spouse may suffer as a result of the early severing of the claim for divorce depends on the evidence in the particular case.

Given the keen interest of the diverse parties following this litigation closely, and the potential learning value of this case to a broad audience beyond, this case presents an ideal instance in which judicial discretion should be exercised under the auspices of the rule to admit Internet to the courtroom.

«This is one of those exceptional cases in which the interests of justice demand that Al - Enzi be given a new trial so that he can be defended throughout by his own counsel... the trial judge exercised his discretion unreasonably by denying Al - Enzi a severance or a mistrial so that he could retain a lawyer to represent him at a new trial.

'' (T) he question whether fresh evidence is admitted or not is to be decided by an exercise of discretion... (T) he question is largely a matter of decree and there is no precise formula which gives a ready answer.

• the Council was entitled to deference in the exercise of its discretion as to whether Mr. Black should be given an opportunity to make representations orally or in writing.

The Court stated: «even given the degree of deference due to an adjudicator's exercise of the broad remedial discretion conferred by the Code, the reasons given in this case do not..., provide a cogent justification for the decision to order reinstatement» (para. 87).

Given these exceptional circumstances and the nature of this legal issue, the Prosecutor has exercised her independent discretion under articles 19 (3) and 42 to seek a ruling on the question from the Pre-Trial Chamber.

The proper approach is more consistent with the goals of s. 25 (1) of the Immigration and Refugee Protection Act and focuses more on the equitable underlying purpose of the humanitarian and compassionate relief application process, seeing the words in the Guidelines as being helpful in assessing when relief should be granted in a given case, but without treating them as the only possible formulation of when there are humanitarian and compassionate grounds justifying the exercise of discretion.

The court has given guidance on the exercise of its discretion to release a party who has obtained a freezing order from his undertaking not to use information obtained thereby in contempt proceedings against the other party.

«For five years she was a member of the B.C. provincial court, time and time again, when serious criminals — including sex offenders — appeared before her court, she exercised her discretion to give them a lenient sentence,» the web site states.

Instead, the trial judge exercised the discretion he was given by s. 130 of the Courts of Justice Act and set the prejudgment interest rate at three percent.

The first of these was that the trial judge had not carried out an adequate balancing exercise before exercising his discretion, in particular in failing to take account of the potential risk to L of giving evidence reliving the abuse if, in fact, it had occurred.

There is bound to be an element of uncertainty in the use of the wide discretionary powers given to the court under the 1973 Act, and no doubt there always will be, because as social circumstances change so the court will have to adapt the ways in which it exercises discretion.»

(a) Title 38 U.S.C. § 3107 (a)(2), which gives the VA discretionary authority to apportion disability compensation on behalf of a veteran's children, is not an exclusive grant of authority to the VA to order that child support be paid from disability benefits, and does not indicate that exercise of the VA's discretion could yield independent child support determinations in conflict with existing state court orders.

In the case of Watson & Ors v Watchfinder.co.uk Ltd, the High Court considered a provision in an option agreement which purported to give the board complete discretion over whether an option could be exercised.

If this amendment is to give the Minister any discretion not to issue an invitation to apply for recognition to the incumbent representative body, the exercise of that discretion should be equivalent to, and require the same procedure as, the discretion to withdraw recognition;