Sentences with phrase «jurisdiction over the property»

However, the trustee only has jurisdiction over the property of the party that files.
The Court of Appeals, relying upon the case of Gilley v. Gilley, 327 S.C. 8, 488 S.E. 2d 310 (1997), held that when a prenuptial agreement divests the family court of jurisdiction over property distribution, the proper forum to seek enforcement is in the Circuit Court.
In Ware v. Ware, 404 S.C. 1, 743 S.E. 2d 817 (2013), Alabama's priority in obtaining jurisdiction over property division and spousal support rendered South Carolina's decision on these issues invalid.
Essentially, as long as you are before the court and what you are asking for is not «illegal», the court has jurisdiction over any property, including land and interests in land — albeit via an «in personam» remedy, i.e.) telling the other party what to do with their foreign property.
The wife took the position that the Alberta Court of Queen's Bench had no jurisdiction over the property in Zimbabwe and refused to comply with the order for disclosure.
The bankruptcy court would have to approve your decision and it would also have jurisdiction over the property and debt aspects of your divorce.
The solution is to do what Canadians want and legalize marijuana — cede jurisdiction to the provinces — as legal weed is provincial weed as provinces have jurisdiction over property and civil rights.

Not exact matches

Switzerland and Liechtenstein are the only two jurisdictions left, where the power of politicians is limited and therefore offering the best protection for clients from all over the world when it comes to private property rights, especially when kept in hard assets stored outside the banking system.
The Orland Park Village Board this week force - annexed 10 acres to gain zoning control over the future development of the property rather than allow it to remain under the jurisdiction of Cook County.
The charges in part read: «That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst bring Senior Special Assistant, Domestic Affairs to the President on or about 27th November within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: the sum of N10billion being part of the funds in the account of the National Security Adviser with the CBN, the equivalent of which sum you received from the CBN in foreign currencies to wit: $ 47million and $ 5.6 million Euros committed criminal breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party (PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.
«That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser on or about 12th December 2013 in Abuja within the jurisdiction of this Honourable Court, and in such capacities entrusted with dominion over certain properties to wit: N90million which was in the account of the ONSA with Diamond Bank Plc, committed criminal breach of trust in respect of the said property by remitting the said sum into the account of Brains and Hammers Limited for the purchase of 7 - bedroom duplex house at No. 11 Mansur Bamalli Drive (D1064), Apo 1 Abuja and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.
The New York attorney general office is particularly important because it has jurisdiction over Trump Tower and many other Trump properties.
Under the Clean Water Act, the federal government had expanded their jurisdiction over waterways that expanded onto private property.
The property tax cuts will be extended for a second year in jurisdictions which comply with the tax cap and have put forward a plan to save 1 percent of their tax levy per year, over three years.
How can the family court take jurisdiction over the parties» property without first determinating it is marital?
The prenuptial agreement also stated that the Family Court would not have jurisdiction over any pre-marital property of either party or over property acquired after the marriage, unless same be titled in joint names, and that this agreement as to the absence of jurisdiction shall be unmodifiable.
In that regard, the CRT has had jurisdiction over a number strata property matters since the fall of 2016.
In contrast, the Simpson court had authority to order transfer of the subject properties and it was inappropriate for the family court to modify equitable distribution when it had jurisdiction over the necessary parties to order the transfer.
Importance: In concluding that the court below had in personam jurisdiction over Google, Justice Groberman agreed with the chambers judge's conclusion that the active process of obtaining data that resides in the province or is the property of individuals in British Columbia was a key part of Google's business.
Brott v United States 858 F3d 425 (6th Cir 2017)(Amici Curiae National Federation of Independent Business, Cato Institute and Southeastern Legal Foundation)(rejecting claim that property owners were entitled to jury trial in an Article III court because Congress permitted to bestow exclusive subject matter jurisdiction over takings claims seeking more than $ 10,000 in the Court of Federal Claims)
In Parker v Mitchel 2016 BCSC 723, the judge hearing the high net worth family case faced multijurisdictional issues as both BC and California had jurisdictions over spousal support and property division, and Mr Justice N. Smith set out the steps of analysis on such issues:
The Court of Queen's Bench of Alberta has sole jurisdiction over divorce and the division of property in the Province of Alberta, and presides over matters involving child and spousal support and child custody and access.
Whether you're a citizen, foreign national or stateless, the state assumes jurisdiction over you, and all people and property in its geographical area of influence, under its recognized constitutional police power.
The Federal Crown has jurisdiction over Aboriginal title land under its power over «Indians, and Lands reserved for the Indians,» but the Province has jurisdiction over forestry under its power over property and civil rights.
Both of these Fisheries Act provisions trenched on Provincial powers over property and civil rights in the Province, but one was found to have the primary purpose of protecting fisheries with only an incidental effect on Provincial jurisdiction, while the other was found to be insufficiently connected to the Federal fisheries power to be a valid exercise of the Federal power.
In examining its jurisdiction with regards to the sale of the property in Portugal, the Court in Macedo conceded that it did not have the power to vest title of the property in the wife, but found that it had jurisdiction in personam over the husband and could order the husband to sell the property in Portugal, or, alternatively, the husband could pay the wife for her share of the property minus his interest in the Canadian property: Having said this, the court is satisfied that it retains jurisdiction in personam against the Respondent in this jurisdiction.
Apple won several other cases against Samsung in different jurisdictions over a diversity of intellectual property rights, but Apple prevailed on design - related rights in only two countries: Germany and the United States.
a) In personam orders regarding foreign property: In Duke v Andler, the Supreme Court of Canada firmly established that Canadian courts do not have jurisdiction over foreign assets, especially foreign land.
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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.
Furthermore, the Court of Appeal's decision makes salient determinations with regard to the amount of deference owed to the Property Assessment Appeal Board (the «Board») on judicial review, and the Board's exclusive jurisdiction over factual findings.
One can register a claim for injury, death or property damage, with the tribunal with jurisdiction over the area where the insured or defendant resides.
The Circuit Court has jurisdiction over not only divorce, but property or debt division, support, custody and visitation with children.
Pennsylvania court determines that it lacks jurisdiction over a California brokerage because there was no evidence demonstrating that the firm's salesperson was acting on behalf of the brokerage when he flipped a commercial property in Pennsylvania.
The proposal expanded jurisdiction and authority over more waters of the U.S., negatively impacting economic development and property rights in communities across the country.
The average sale price of freehold residential properties in the association's jurisdiction in the month of March was $ 335,117, an increase of 4.2 per cent over March, 2010.
The average sale price of freehold residential properties in the association's jurisdiction in the month of January was $ 317,011, an increase of 9.4 per cent over January, 2010.
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