The court held that the case is an abuse of the court process in view of the earlier
judgment of the court in 2002 which upheld the sanctity of the rights of the Minister to issue licences to places of worship to conduct marriages, and the Registrar under the Marriage Act to register marriages.
Judgments of courts in combination with a new industry of costing - out consultants would be substituted for the bargaining and mutual adjustment — that is, the politics — of state legislatures.
The judgment of a Court in Britain comes with a cast - iron guarantee of impartiality, integrity and enforceability.
Let's try to compare the point 50 of the opinion: «While the movement of citizens of the Union between Member States is governed by EU law, and in particular by Article 21 TFEU and Directive 2004/38, the same does not apply to visits to Member States by Heads of State» which basically says that the movement of diplomats falls outside the scope of EU law, with
the judgment of the Court in paragraph 51: «Accordingly, the fact that a Union citizen performs the duties of a Head of State is such as to justify a limitation, based on international law, on the exercise of the right of free movement conferred on that person by Article 21 TFEU.».
This is one of the issues underlying
the judgment of the Court in Case C - 368 / 10 Commission v. Netherlands.
He relies on
the judgment of this court in Martin v. Listowel Memorial Hospital 2000 CanLII 16947 (ON CA), (2000), 51 O.R. (3d) 384 (C.A.) where, at para. 32, the court said that «there is no basis in s. 1 [of the Negligence Act] or anywhere in the Act for a judge to attribute a portion of fault to a non-party.»
They provide an opportunity to revisit and reaffirm
the judgment of this Court in R. v. Gladue, 1999 CanLII 679 (SCC), [1999] 1 S.C.R. 688.
Shri R.F. Nariman, learned senior counsel appearing for the appellant argued that the impugned order is liable to be set aside because the learned Single Judge misconstrued and misapplied
the judgment of this Court in Bhatia International v. Bulk Trading S.A. (supra) and erroneously held that the Delhi High Court has jurisdiction to decide O.M.P. No. 255 of 2006.
Reliance is placed on
the judgment of this court in case of HSBC Vs. Avital (supra).
Not exact matches
Gawker Media founder and CEO Nick Denton will file for personal bankruptcy protection as early as Monday after losing a fight
in a Florida
court for a shield against a
judgment in a breach
of privacy case involving professional wrestler Hulk Hogan, according to a person familiar with the matter.
A recent
court judgment in a remote corner
of Canada threatens to interfere with the way prospectors explore for minerals
in much
of the country.
Under the «business
judgment rule,»
courts (
in Canada, the US, the UK, and elsewhere) are generally reluctant to tell a corporation's board
of directors that they've failed
in their duty
of care vis - a-vis shareholders, because the
court lacks the competency to do so.
However, he praised the U.K.'s legal system, saying «we have the good fortune to live
in a country where everyone... even government is subject to the rule
of law, so the government will comply with the
judgment of the
court and do all that is necessary to implement it.»
A number
of analysts believed that Gawker stood a good chance
of having the Hogan
judgment either reversed or significantly reduced, especially since two higher -
court judges had already ruled
in previous decisions that the publication
of an excerpt
of Hulk Hogan's sex tape was newsworthy, and therefore covered by the protection
of the First Amendment.
Ebert argued the earlier agreements were invalid because they amounted to restraint
of trade but Superior
Court Justice Frederick Myers granted summary
judgment in favour
of Mars Canada
in November 2016.
And while there is no legal requirement that underwriters like Mr. Thiel reveal their involvement to the opposing side or the jury, it is considered fair game for lawyers to ask questions about financial backing — something that Gawker Media did on Wednesday
in court as part
of its efforts to overturn the Hogan
judgment.
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An Ontario
Court of Appeal justice has warned against «summary
judgment at all costs»
in her dissent
of a ruling on the application
of the doctrine
of emergency
in a personal injury case.
In 2015, he also wrote the dissenting judgment in R. v. Nur, a 6 - 3 decision in which he argued the court should have shown judicial restraint and upheld the three - year mandatory minimum sentence for illegal possession of a loaded firear
In 2015, he also wrote the dissenting
judgment in R. v. Nur, a 6 - 3 decision in which he argued the court should have shown judicial restraint and upheld the three - year mandatory minimum sentence for illegal possession of a loaded firear
in R. v. Nur, a 6 - 3 decision
in which he argued the court should have shown judicial restraint and upheld the three - year mandatory minimum sentence for illegal possession of a loaded firear
in which he argued the
court should have shown judicial restraint and upheld the three - year mandatory minimum sentence for illegal possession
of a loaded firearm.
Appellate
court confirms judgment against Credit Suisse Group AG DALLAS — February 21, 2018 — Highland Capital Management Fund Advisors, L.P. and NexPoint Advisors, L.P. announce today that the Texas Court of Appeals confirmed an aggregate $ 351 million award in favor of the Highland Floating Rate Opportunities Fund (NYSE: HFRO)(«HFRO») and the NexPoint Credit Strategies Fund (NYSE: NHF)(«NHF», and together with HFRO, t
court confirms
judgment against Credit Suisse Group AG DALLAS — February 21, 2018 — Highland Capital Management Fund Advisors, L.P. and NexPoint Advisors, L.P. announce today that the Texas
Court of Appeals confirmed an aggregate $ 351 million award in favor of the Highland Floating Rate Opportunities Fund (NYSE: HFRO)(«HFRO») and the NexPoint Credit Strategies Fund (NYSE: NHF)(«NHF», and together with HFRO, t
Court of Appeals confirmed an aggregate $ 351 million award
in favor
of the Highland Floating Rate Opportunities Fund (NYSE: HFRO)(«HFRO») and the NexPoint Credit Strategies Fund (NYSE: NHF)(«NHF», and together with HFRO, the...
«Because there is no genuine dispute
of material fact that Sulyma had actual knowledge
of the facts comprising claims I and III, as well as knowledge
of the disclosures he alleges were unlawfully inadequate
in claims II and IV, the
Court grants defendants» motion for summary
judgment on those claims, finding them time - barred,» Cousins wrote
in his opinion.
(B) at the election
of the customer at any time before final
judgment is rendered, statutory damages
in a sum
of not more than $ 5,000, as the
court considers just.
But
in the wake
of the
court judgment these were only being renewed on a temporary basis while the agency worked on a solution to the processes that had been ruled illegal.
Now that some time has passed since the surprising Supreme
Court of Canada decision
in the Comeau case, it's worth reflecting on some
of the concepts enunciated
in that
judgment in upholding New Brunswick's ban on cross-border beer imports.
The sale and filing are intended to preserve the value
of GMG's pioneering digital news business, safeguard the jobs
of journalists and other staff, and allow GMG to fund the appeal against the $ 130 million
judgment in the Hulk Hogan case against the company
in a Florida state
court.
Navillus filed for bankruptcy after a Manhattan Federal
Court hit the firm with a $ 76 million
judgment in a lawsuit filed by a group
of unions.
The Massachusetts judge who found
in favor
of Chevedden and McRitchie observed that seeking a declaratory
judgment in the
courts amounts to ««reversing the statutory scheme,» and would also deny the SEC
of its role, as the procedures
of the SEC provide shareholders with a «relatively inexpensive opportunity to get claims disputes resolved,»» according to the investor letter.
In decisions from Roe through Casey, the
Court has precisely left matters
of life and death to the private
judgment of individuals.
The «eye for an eye» scenario is presumptive
of a
judgment council
of elders or
in today's vernacular, a
court, that assesses guilt or innocence
of the alleged perpetrator.
Sometimes these sources point
in different directions — as when a right not recognized
in the past becomes widely understood as fundamental — and a
court has to make a
judgment between the two lines
of argument.
Oregon's Supreme
Court, which had already concluded that this question was irrelevant, dutifully answered that
in its
judgment criminal prosecution
of Smith and Black would violate the federal Constitution.
Following the review's publication, Bishop Peter Hancock, the Church
of England's lead safeguarding bishop, said: «At the heart
of this case was a
judgment, on the balance
of probabilities, as to whether,
in the event that her claim for compensation reached trial, a
court would have concluded that Carol was abused by Bishop Bell.
«[Wheaton College] has failed to show that delaying a
judgment in its favor to the conclusion
of proceedings
in the district
court would do the college any harm... The college has also failed to match the relief it seeks to the illegalities it alleges... the government isn't using the college's health plans, as we have explained at perhaps excessive length.»
In its
judgment against Qadri, the Supreme
Court warned against the misuse
of blasphemy charges.
So the Supreme
Court, when it practices judicial activism, undercuts democratic participation not only by substituting its own assertoric
judgment for democratic deliberation, or by ignoring the plain letter
of the constitution
in favor
of its own political inclinations, but also by understanding itself as a council
of philosopher kings (versus really good lawyers) prudentially adjusting the fundamental nature
of American democracy to fit the ever changing historical horizon that provides the context for its expression.
In religious
courts the judge usually passes
judgment according to the canonical interpretation
of the school
of law which the suitors follow.
I see nothing
of Jesus
in the Christian right, but here
in the Bible belt,
in many
of the Sunday sermons, I've heard more
judgment handed down
in one hour than I'd hear
in a whole week
in a
court of law.
In those cases the court deferred to the judgment of the Air Force that the free - exercise claim of a Jewish officer who wore his yarmulke on duty could not be accommodated; it deferred to the judgment of correctional authorities that the free - exercise claim of a Black Muslim to attend Friday afternoon religious services could not be accommodated; it deferred to the judgment of the Department of Agriculture's Forest Service that building a logging road through a national forest was necessary despite the damage to religious practices of Native American tribes in that area; it deferred to the Internal Revenue Service's ruling that Bob Jones University was not entitled to tax exemption because of its religiously motivated rule against interracial dating and marriage on campus; it deferred to the judgment of the secretary of labor that a religious community must pay its members the minimum wage for work they performed in the group's business although the members said they had religious objections to being paid for their wor
In those cases the
court deferred to the
judgment of the Air Force that the free - exercise claim
of a Jewish officer who wore his yarmulke on duty could not be accommodated; it deferred to the
judgment of correctional authorities that the free - exercise claim
of a Black Muslim to attend Friday afternoon religious services could not be accommodated; it deferred to the
judgment of the Department
of Agriculture's Forest Service that building a logging road through a national forest was necessary despite the damage to religious practices
of Native American tribes
in that area; it deferred to the Internal Revenue Service's ruling that Bob Jones University was not entitled to tax exemption because of its religiously motivated rule against interracial dating and marriage on campus; it deferred to the judgment of the secretary of labor that a religious community must pay its members the minimum wage for work they performed in the group's business although the members said they had religious objections to being paid for their wor
in that area; it deferred to the Internal Revenue Service's ruling that Bob Jones University was not entitled to tax exemption because
of its religiously motivated rule against interracial dating and marriage on campus; it deferred to the
judgment of the secretary
of labor that a religious community must pay its members the minimum wage for work they performed
in the group's business although the members said they had religious objections to being paid for their wor
in the group's business although the members said they had religious objections to being paid for their work.
The Heather Blazing (1992), one
of his early novels, opens with Eamon Redmond, a conscientious high
court judge
in Dublin, writing his last
judgment of the term before joining his wife Carmel for summer vacation
in the County Wexford, from which they hail.
He said, «Indian theology must be judged
in the light
of the mission
of the Church
in India, and need not be brought to any other
court of judgment.»
In 1914 the Tennessee Supreme
Court reversed, however, resting its
judgment heavily on the fact that the church had never validated its patronage by any significant financial subsidy (university lawyers pointed out that the church had expended more on the lawsuit than it had contributed to the university before the controversy had arisen) and that during the first three decades
of Vanderbilt's existence they had never asserted their supervisory powers.
No doubt much
of the expropriation
of the land by the rich was legal, but the prophets saw that wealth could corrupt the
judgments made
in the law
courts as well.
Recently there was a
Court judgment in Madras which granted the contention
of a person who affirmed that he was a Christian by faith without change
of community by conversion and therefore entitled to benefits ofthe scheduled castes
of the Hindu community.
What made the Charlie Gard case different is that the UK medical team, hospital, and
courts insisted that he be taken off his ventilator — despite the ethical
judgment of his parents, and despite the willingness
of medical teams
in the US and Rome to provide an experimental treatment.
Such was the legal position, though
in the eye
of orthodox Jews the
judgment of the native
court was valid
in itself, and Jewish tradition
in the Talmud assumes that the death sentence was passed by the Sanhedrin; understandably, it ignores the role
of the governor altogether.
The British
Court of Appeal determined that her refusal amounted to discrimination and found that she offended gay colleagues in the office with her refusal; in addition to that, in the court's judgment, Ladele's views on marriage are not «a core part of her religion.&r
Court of Appeal determined that her refusal amounted to discrimination and found that she offended gay colleagues
in the office with her refusal;
in addition to that,
in the
court's judgment, Ladele's views on marriage are not «a core part of her religion.&r
court's
judgment, Ladele's views on marriage are not «a core part
of her religion.»
In precisely the same way, the justices could press counsel to get clear on the principled lines of a judgment that would confer the right to marriage on couples of the same - sex, while barring the extension of marriage to all of these other ensembles, who will be in the courts before long, demanding to know why they too are not eligible for the same constitutional right
In precisely the same way, the justices could press counsel to get clear on the principled lines
of a
judgment that would confer the right to marriage on couples
of the same - sex, while barring the extension
of marriage to all
of these other ensembles, who will be
in the courts before long, demanding to know why they too are not eligible for the same constitutional right
in the
courts before long, demanding to know why they too are not eligible for the same constitutional rights.
Those nations must submit themselves to adjudication with foreign corporations
in a
court of judgment in which the nation and the corporation are treated as equals.
Hence we require a structure
of moral and legal principles with the agencies
of courts, legislatures, and political processes which establish laws
in the light
of the
judgment of the people about their needs.
The mob passions and outrages which afflicted many parts
of America
in the 1830s and «40s, and most recently
in the 1960s, when the terrible emotions
of racism and violent dissent would have substituted the wild and furious passions
of mob law for the sober
judgments of the
courts and legislatures — these continue to plague us.