Sentences with phrase «judgment of the court in»

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.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.
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 firearIn 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 firearin 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 firearin 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, tcourt 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, tCourt 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 worIn 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 worin 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 worin 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.&rCourt 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.&rcourt'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 rightIn 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 rightin 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.
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