Sentences with phrase «granted upon the court»

If a parent is not awarded with any form of custody, visitation may be granted upon the court's discretion.

Not exact matches

Even today, some scholars argue that it did nothing more than declare that the Supreme Court is within its rights in declining to exercise an authority putatively conferred upon it by Congress when such authority exceeds the jurisdiction granted to the Court under Article Three of the Constitution.

Upon divorce, a court in Alaska will grant custody of the children of the marriage to either parent, considering the following factors:

In her ruling on Monday, Justice Anwuli Chikere upon being provided with the details of the Supreme Court judgement which on March 18, held that the defendant has a criminal case to answer granted EFCC the leave to re-arraign the former governor.

Each of the arms of government can check each other but not in the way of the President or any other person saying after a court of law has delivered a judgment and set free an accused person on bail, after looking at the various factor for the grant of bail, including severity of the punishment, including the weight of the alleged crime, including whether the accused person would jump bail or not, including whether you would produce surety or not, including whether he has health challenges or not, and the court has finally weighed all these and decided that the accused person must go on bail upon fulfillment of certain condition of bail.

The trial judge Adeniyi Ademola however granted him bail upon which he also ordered the Department of State Security Services to submit Dasuki's passport which it had seized with the court registrar.

Therefore, the grant of pardons is now very rare occurrence indeed, and the vast majority of acknowledged miscarriages of justice were decided upon by the courts.

Even though the tree trial courts granted him bail, however, the defendant was on December 29, 2015, re-arrested by operatives of the Department of State Services, DSS, after his release from Kuje prison upon perfecting the bail conditions.

It is the duty of the applicant to provide materials upon which the court will grant the application.

Germany's Dusseldorf Regional Court has come to a decision concerning Apple's complaint that the Motorola XOOM infringes upon design patents granted for their iPad.

Upon the granting of equitable relief, in whole or in part, by a court of competent jurisdiction, the owner of an animal determined to be a public nuisance shall be liable for the reasonable attorney fees and costs, as may be determined by the court, incurred by the party bringing the action.

The court granted the condominium corporation full access to the unit (upon 48 hours» notice to the owner) for the purpose of:

The Court emphasized that, despite being discretionary, the decision to deny or grant a bonus upon termination of employment should be done in a fair and reasonable manner.

The Court held that, despite being discretionary, the decision to deny or grant a bonus upon employment termination should be made in a fair and reasonable manner.

granted, No. 14 - 103, before the U.S. Supreme Court, centers upon the issue of whether Section 330 (a) of the Bankruptcy Code grants bankruptcy judges discretion to award compensation for the defense of a fee application (i.e., fees for fees).

However, in unanimous decision, the appeal court upheld the argument of the counsel to the Attorney - General of the Federation, Chief Emeka Ngige (SAN) that Justice Abang was held in error in granting some of the injunctive reliefs sought by Kashamu upon inadmissible evidence.

F counterclaimed that the court determine upon the proper construction of the will and the identity of «Mark Parkinson» and for a grant to issue accordingly.

Note that if you apply for equalization under s. 5 (3), the court will not grant further or subsequent equalization, upon later marriage breakdown, for example.

The decision provides a useful summary of the principles upon which a Norwich Pharmacal order will be granted and is an example of how the courts will apply European and national law to claims involving electronic media.

Atlas Bulk Shipping A / S v Navios International Inc (2011) Instructed on an appeal to the Court of Appeal concerning rights of set - off under Article 21 of the UNCITRAL Model Law and Cross-Border Insolvency Regulations 2006 and the ability of the English Court to grant additional relief upon recognition of a foreign insolvency proceeding (with Richard Snowden QC).

Once a person is appointed committee of the vulnerable person, he or she will be granted the ability to make decisions regarding the vulnerable adult's person (health care, residence), the person's estate (financial decisions), or both, depending upon what is granted by the court.

If, instead of bringing counterclaims in the original lawsuit, the defendant brings a separate lawsuit against the plaintiff, the plaintiff could seek to either (1) consolidate the cases if they are filed in the same court system (i.e. a federal case and a federal case, or a New York State case and a New York State case), or (2) move to dismiss the new lawsuit because the claims were required to be brought in the original lawsuit as mandatory counterclaims, or (3) move to stay proceedings in the second lawsuit pending resolution of the first lawsuit, or (4) move to dismiss the claims in the second lawsuit on the merits if it is apparent from the face of the countersuit that it does not state a claim upon which relief can be granted or was filed in the wrong court.

Section 24 (5) of the Adoption and Children Act 2002 — «where (a) an application for the revocation of a placement order has been made and has not been disposed of, and (b) the child is not placed for adoption by the authority, the child may not without the court's leave be placed for adoption under the order» — applies only where a substantive application for the revocation of a placement order has been made, ie the applicant, having got over the leave hurdle, is making a substantive application which, consequent upon the grant of leave, would be likely to have been perceived as having a real prospect of success.

With this in mind, based upon the total petitions granted, I was able to calculate the distribution of those granted petitions across the 14 intermediate courts that would be expected if all things were equal (random), keeping in mind the number of justices serving on each court.

Alabama law provides: «Upon granting a divorce, the court may give the custody and education of the children of the marriage to either father or mother, as may seem right and proper.»

The Court considered that the appellant's scheme was only defective in so far as it required payment up front at the time of the application as EU law permits a fee covering enforcement costs becoming due upon the grant of a licence.

March 28, 2001)(court distinguished Troxel by finding that Louisiana's statute is more narrowly drawn, noting that «the statute's grant of visitation does not contemplate a significant intrusion upon the child's relationship with the other parent or interference with said parent's fundamental right to make child - rearing decisions.»).

As to balancing the rights of the plaintiff with those of the defendant in this case, «Under the circumstances the plaintiff should not be put out of court and the defendant granted a windfall that it could not have known about or relied upon.»

The first branch upon which leave may be granted requires the moving party to establish that there is a conflicting decision of another judge or court in Ontario or elsewhere, and that it is in the opinion of the judge hearing the motion «desirable that leave to appeal be granted».

The DIFC Courts has wide powers to assist and facilitate arbitration, e.g. powers to grant interim measures, to assist in taking of evidence upon request etc..

Courts have authority to consider new evidence of actual innocence without regard to the statutory one - year limitation period for newly discovered evidence, and that the standard for granting a new trial based upon newly discovered evidence should not be a strict «outcome - determinative» test, at least where the state relied at trial upon facts that turned out to be false.

The Court has the power to order that periodical payments will commence upon granting of decree for divorce as part of the parties» financial remedy proceedings.

TD Land, Co, Inc v Phillip R Seaver Title Co, Inc Michigan Court of Appeals Docket No 236573 (December 21, 2002)(reversing decision granting summary disposition on legal malpractice case based upon apparent authority to enter into agreement)

The Court of Appeal made clear that although the loss of a half - day hearing might not be as serious as losing a trial date, it was still serious because it impacted upon other court users and was a significant factor which weighed against the granting of reCourt of Appeal made clear that although the loss of a half - day hearing might not be as serious as losing a trial date, it was still serious because it impacted upon other court users and was a significant factor which weighed against the granting of recourt users and was a significant factor which weighed against the granting of relief.

The federal district court in Las Vegas erred in granting summary judgment to patent infringement defendant DigiDeal as to certain cancelled claims (upon reexamination by the USPTO) of U.S. Patent No. 7,523,935 because suits based upon cancelled claims must be dismissed for

Telus relied upon, among other things, section 7 (5) of the Ontario Arbitration Act, which provides for a partial stay of court proceedings to be granted where an arbitration agreement deals with only some of the matters in respect of which the proceeding was commenced and it is reasonable to separate the matters dealt with in the agreement from the other matters.

It is alleged by the defendant in error in this case that the plea to the jurisdiction was a sufficient plea; that it shows, on inspection of its allegations, confessed by the demurrer, that the plaintiff was not a citizen of the State of Missouri; that, upon this record, it must appear to this court that the case was not within the judicial power of the United States as defined and granted by the Constitution, because it was not a suit by a citizen of one State against a citizen of another State.

The Court did not grant the second and third declarations on the basis that it was already settled law that the Crown has a fiduciary duty to all Aboriginal peoples, including Métis and non-status Indians, and that it is already established that the Crown has a duty of consultation and accommodation in circumstances where there may be an impingement upon aboriginal or treaty rights.

(2) Upon an application for leave under subsection (1), the court may, in its discretion, grant leave to the supplier or refuse leave or grant leave upon such terms and conditions as the court considers advisaUpon an application for leave under subsection (1), the court may, in its discretion, grant leave to the supplier or refuse leave or grant leave upon such terms and conditions as the court considers advisaupon such terms and conditions as the court considers advisable.

Because the dismissal was technically for plaintiffs» failure to state a claim upon which the Court could grant relief, it was dismissed without prejudice to refiling.

You have to allege and prove a fact before a Court will confirm or grant judgment upon it - the Court will not contrive facts out of thin air.

Today the Court granted certiorari to Harrington v. Richter, an ineffective assistance of counsel case challenging the issuance of habeas corpus relief by the Ninth Circuit based upon counsel's reliance on cross-examination and other methods to create reasonable doubt about the defendant's guilt rather than expert - opinion testimony.

The application for restoration is granted upon payment of a $ 200 restoration fee (see Alberta Rules of Court, Rule 14.65 (1)(b)-RRB-.

Of the objections raised on the face of the petition two points only seem to be capable of plausible or, indeed, intelligible expression, and they have been urged before their Lordships with as much force as was possible, and as fully and completely in their Lordships» opinion as it would have been if leave to appeal had been granted, and they have been dealt with by the judgments of the Court of Appeal in Manitoba with a patience, learning, and ability that leaves very little to be said upon them.

44 The Court has consistently held that there is nothing to prevent, in principle, the granting of social security benefits to Union citizens who are not economically active being made conditional upon those citizens meeting the necessary requirements for obtaining a legal right of residence in the host Member State (see, to that effect, Case C ‑ 85 / 96 Martínez Sala [1998] ECR I ‑ 2691, paragraphs 61 to 63; Case C ‑ 184 / 99 Grzelczyk [2001] ECR I ‑ 6193, paragraphs 32 and 33; Case C ‑ 456 / 02 Trojani [2004] ECR I ‑ 7573, paragraphs 42 and 43; Case C ‑ 209 / 03 Bidar [2005] ECR I ‑ 2119, paragraph 37; and Case C ‑ 158 / 07 Förster [2008] ECR I ‑ 8507, paragraph 39).

The court clarified that the trial court's decision to grant the dismissal of one of the claims was based upon a case where a new professional malpractice claim was being added, but that it was distinguishable because here there was not an additional professional claim being made.

Finally the court will not exercise jurisdiction if the order would be of no effect in situs (where the property is located)... The mere fact, however, that the lex situs would not recognize the personal obligation upon which jurisdiction is based will not be a bar to the granting of the order.

Upon a showing of good cause, the district court may grant a motion to file a late notice of intent to seek the death penalty or of an amended notice alleging additional aggravating circumstances.

The Court of Appeal granted this rehearing on April 23, 2013, meaning the cases that Khadr will rely upon are still largely contested.

The court insisted upon a number of preconditions in granting the mother leave.