Sentences with phrase «proceeding under this part»

If there was going to be a trial of those claims anyways (assuming leave to proceed under Part XXIII.1 of the Securities Act was granted), the defendants» forum non conveniens arguments were less compelling.

(6) If neither subsection (3) nor (5) applies, the substantive rights of spouses in a proceeding under this Part must be determined according to the proper law of the relationship.

(3) Subject to subsection (4), if spouses make an agreement respecting the division of property or debt, the substantive rights of the spouses in a proceeding under this Part are determined by the agreement.

(d) there is a real and substantial connection between British Columbia and the facts on which the proceeding under this Part is based.

(a) a spouse has started another proceeding in the Supreme Court, to which a proceeding under this Part is a counterclaim;

(2) Despite subsection (1), the Tribunal shall consider a policy approved by the Commission under section 30 in a proceeding under this Part if a party to the proceeding or an intervenor requests that it do so.

In a proceeding under this Part, the court may make such interim order as the court considers appropriate.

Not exact matches

One of the counts reads: «That you, Mrs. Diezani Allison Madueke (still at large) and Tijani Inda Bashir on or about the 27th day of March, 2015 in Nigeria within the jurisdiction of this Honourable Court directly took possession of the sum of N264, 880,000.00 (Two Hundred and Sixty - four Million, Eight Hundred and Eighty Thousand Naira) which sum you reasonably ought to have known forms part of the proceeds of an offence contrary to Section 15 (2)(d) of the Money Laundering (Prohibition)(Amendment) Act, 2012 and punishable under Section 15 (3) of the same Act.»

There was a reasonably constructive dialogue happening in the 90s, right up until George W. Bush stopped the talks, declared North - Korea to be a «rogue state» and part of the «axis of evils», and proceeded to invade Iraq under highly dubious pretext (which was later proven to be exactly that), which scared the bejesus out of North - Korea as they felt that they could be next.

Having ascertained the numbers required by section 191 (7), the Electoral Commission must then proceed to ascertain the number of seats in Parliament to which each remaining party listed in the part of the ballot paper that relates to the party vote is entitled by adding the number of circles in the column of numbers under the name of that party.

In count five and six, FG alleged that Yakubu had with intent to avoid a lawful transaction under the law, transferred at various times in Kaduna, aggregate sums of $ 9,772, 800 and # 74, 000, when he reasonably ought to know that the said funds formed part of the proceed of some form of unlawful activity and thereby committed an offence contrary to section 7 (4)(b)(ii) of the Advance Fee Fraud Act, 2006.

The report reads in part, «Based on the foregoing findings, it is clear that Robert Mbonu, the Managing Director of Melrose General Services Company and his company were used to help divert proceeds of unlawful activities under the guise of payment for contractual obligations with the Nigeria Governors Forum.

«That you, Olisa Metuh and Destra Investments Limited on or about the 24th November, 2014 in Abuja, did retain the sum of N400m on behalf of the Peoples Democratic Party of its campaign activities by concealing the said sum in your account with Diamond Bank Plc, when you reasonably ought to have known that such fund formed part of the proceeds of an unlawful activity of Col. Sambo Dasuki (Rtd), the then National Security Adviser, (to wit: criminal breach of trust and corruption), and you thereby committed an offence contrary to Section 17 (a) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 17 (b) of the same Act.

Account No. 0040437573 from the account of the Office of the National Security Adviser with the Central Bank of Nigeria without contract award, when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki (Rtd) the then NSA (To wit: criminal breach of trust and corruption) and thereby committed an offence contrary to section 15 (2)(d) of the Money Laundering (Prohibition) Act, 2011, as amended in 2012 and punishable under section 15 (3) of the same Act.

«That you, Olisa Metuh and Destra Investment Limited on or about the 24th November, 2014 in Abuja converted the sum of N400m paid into the account of Destra Investment Limited with Diamond Bank Plc, Account No: 0040437573 from the account of the office of the National Security Adviser with the Central Bank of Nigeria without contract award when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki (Rtd) the then National Security Adviser (To Wit: criminal breach of trust and corruption) and thereby committed an offence contrary to Section 15 (2), (d) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 15 (3) of the same Act.

One of the counts reads: «That you, Dr. Muazu Babangida Aliyu, being the governor (also known as chief servant) of Niger State from 2007 to 2015; Umar Mohammed Nasko, being the former Commissioner for Environment / Chief of Staff to Dr. Muazu Babangida Aliyu, sometime between April 7, 2015 and December 7, 2015 in Minna within the jurisdiction of this honourable court while being entrusted with dominion over money belonging to Niger State Government dishonestly converted to your own use the sum of N1, 090, 000,000, which formed part of the proceeds of the sale of 16 per cent shares of Niger State in the North South Power Company Limited and thereby committed an offence punishable under Section 312 of the Penal Code.»

In the One Wales coalition agreement on 27 June 2007 the Wales Labour Party and Plaid Cymru made the commitment «to proceed to a successful outcome of a referendum for full law - making powers under Part IV of the Government of Wales Act 2006 as soon as practicable, at or before the end of the Assembly term».

One of the counts reads: «That you Air Chief Marshal Alex S Badeh (whilst being the Chief of Air Staff, Nigerian Air Force) and IYALIKAM NIGERIA LIMITED between 28th March and 5th December, 2013 in Abuja within the jurisdiction of this Court, did use an aggregate sum of N878, 362,732.94 (Eight Hundred and Seventy - Eight Million, Three Hundred and Sixty Two Thousand, Seven Hundred and Thirty - Two Naira, Ninety - Four kobo) removed from the accounts of the Nigerian Air Force and paid into the account of Rytebuilders Technologies Limited with Zenith Bank Plc for the construction of a shopping mall situate at Plot 1386, Oda Crescent Cadastral Zone A07, Wuse II, Abuja for yourself, when you reasonably ought to have known that the said funds formed part of the proceed of unlawful activity (to wit: criminal breach of trust and corruption) of Air Chief Marshal Alex S Badeh and you thereby committed an offence contrary to Section 15 (2)(d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act»

(k) In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

Based on the findings of the study under subsection (c), the Secretary shall initiate a rulemaking proceeding to revise part 563 of title 49, Code of Federal Regulations.

Under normal circumstances, student loans do not go away as part of a bankruptcy proceeding.

It finally turned to the joint and several liability rule under the Income Tax Act, which says that upon the death of the annuitant of a RRIF, the annuitant (or the annuitant's estate) and any recipient of RRIF proceeds are «jointly and severally liable to pay a part of the annuitant's tax» on the RRIF for the year of the annuitant's death.

Claims under the Divorce Act: Use this column if you are legally married and seeking custody or access as part of a divorce proceeding.

knowing that the transaction is designed in whole or in part --(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or (ii) to avoid a transaction reporting requirement under State or Federal law

Claims under the Divorce Act: Use this column if you are legally married and seeking custody or access and / or other relief as part of a divorce proceeding.

143 (1) The commencement of a proceeding before the Tribunal under this Part does not stay the operation of a decision or order made under this Act, other than,

No communication or conversation or any part, portion, or aspect of the communication or conversation made, acquired, or obtained, directly or indirectly, under this exemption (j), may be, directly or indirectly, furnished to any law enforcement officer, agency, or official for any purpose or used in any inquiry or investigation, or used, directly or indirectly, in any administrative, judicial, or other proceeding, or divulged to any third party.

97 (1) An employee who files a complaint under this Act with respect to an alleged failure to pay wages or comply with Part XIII (Benefit Plans) may not commence a civil proceeding with respect to the same matter.

Under principles of evidence, a party may be saddled with two distinct burdens in a trial or other proceeding as part of its overall burden of proof:

In Priest, the self - represented appellant Mr. Reilly attempted to appeal a spousal support order made under Part III of the Family Law Act in the Hamilton Superior Court of Justice (Family Court) by proceeding directly to the Court of Appeal.

(b) both spouses submit, either in an agreement or during the proceeding, to the Supreme Court's jurisdiction under this Part;

(ii) the fees that a party to a proceeding that is the subject of an application to the Condominium Authority Tribunal under Part I. 2 is required to pay, if the Tribunal has been established under that Part; and

(10) The Independent Police Review Director, an employee in the office of the Independent Police Review Director, an investigator appointed under subsection 26.5 (1) or a person exercising powers or performing duties at the direction of the Independent Police Review Director shall not be required to give testimony in a civil proceeding with regard to information obtained in the course of his or her duties, except at a hearing held under Part V. 2007, c. 5, s. 8.

Similarly, under a statute which allowed for bylaws concerning «all or part of the costs of the disciplinary proceeding,» and although regulations provided for a licensee to pay «all or part of the costs of the disciplinary hearing, including (i) per day fees for members of the Discipline Committee, (ii) counsel fees, (iii) reporter fees, (iv) facility charges, and other charges associated with the hearing», a court found such award to be subject to the same reasonableness standard of review as is the rest of the substantive disciplinary decision.

(a) the complaint or that part of the complaint is not within the jurisdiction of the tribunal; (b) the acts or omissions alleged in the complaint or that part of the complaint do not contravene this Code; (c) there is no reasonable prospect that the complaint will succeed; (d) proceeding with the complaint or that part of the complaint would not (i) benefit the person, group or class alleged to have been discriminated against, or (ii) further the purposes of this Code; (e) the complaint or that part of the complaint was filed for improper motives or made in bad faith; (f) the substance of the complaint or that part of the complaint has been appropriately dealt with in another proceeding; (g) the contravention alleged in the complaint or that part of the complaint occurred more than 6 months before the complaint was filed unless the complaint or that part of the complaint was accepted under section 22 (3).

(7) No person shall be required to testify in a civil proceeding with regard to information obtained in the course of his or her duties under this Part, except at a hearing held under this Part.

(11) A document prepared in the course of his or her duties under this Act by the Independent Police Review Director, an employee in the office of the Independent Police Review Director, an investigator appointed under subsection 26.5 (1) or a person exercising powers or performing duties at the direction of the Independent Police Review Director is not admissible in a civil proceeding, except at a hearing held under Part V. 2007, c. 5, s. 8.

For example, where a public agency commences a disciplinary action against a health professional, and requests protected health information as part of its investigation, the disclosure made be made to the agency under paragraph (d) of this section (relating to health oversight) even if the method of making the request is through the proceeding.

Rick Seabrook, the European managing director of Neota Logic presented the first part of the session, outlining the different kinds of artificial intelligence clustered under that nomenclature and then proceeded to outline some of the uses and applications to which the new software is being put by law firms in the UK and the US.

For the second part of the 2 - part test under s. 137.1 (4)(b), Justice Dunphy conducted a public interest weighing of allowing the proceeding to continue versus the merits of the communication, a very new area of law with little guidance.

It is submitted that since the petition under Part II is filed prior in point of time, this Court shall proceed to decide the petition for enforcement before considering a later petition under section 34.

That the place called in these letters patent Cape or Point Comfort is the place now called and known by the name of Old Point Comfort, on the Chesapeake Bay and Hampton Roads, and that immediately after the granting of the letters patent, the corporation proceeded under and by virtue of them to take possession of parts of the territory which they describe and to form settlements, plant a colony, and exercise the powers of government therein, which colony was called and known by the name of the Colony of Virginia.

Under this HDFC pension plan, on vesting, the policyholder can commute 1 / 3rd part of the corpus and avail annuity from the remaining part or avail immediate annuity from the entire corpus or use the proceeds to buy a Single Premium Deferred Annuity plan from the company.

Many candidates have been deemed ineligible to proceed because these narratives or other parts of the questionnaire omitted required detail or was not specific enough to enable the reviewer to confirm the minimum required experience under OPM's very strict rules.

(3) A court must, on the application of the proceeds of crime authority, stay de facto property settlement or maintenance proceedings under this Part if the property of the parties to the de facto relationship or either of them is covered by:

Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Court under this Part, including any proceeding relating to anything done by the Chief Executive Officer under this Part, may be instituted by or against the Commonwealth, as the case requires.

For reverse mortgages that are subject to the Rule, a loan originator's compensation may be based on either (a) the maximum proceeds available to the consumer under the loan; or (b) the maximum claim amount (if the mortgage is an FHA - insured Home Equity Conversion Mortgage subject to 24 C.F.R. part 206), or the appraised value of the property, as determined by the appraisal used in underwriting the loan (if the mortgage is not subject to 24 C.F.R. part 206).

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

(i) an application for a bankruptcy filed against the licensee business, (ii) an assignment in bankruptcy made by the licensee business, (iii) a bankruptcy order made against the licensee business, (iv) a proposal under Division I of Part III, or a consumer proposal made under Division II of Part III, of the Bankruptcy and Insolvency Act, or (v) an insolvency proceeding, including a receivership or an arrangement under the Companies» Creditors Arrangement Act;

(i) an application for a bankruptcy order filed against the licensee, (ii) an assignment in bankruptcy made by the licensee, (iii) a bankruptcy order made against the licensee, (iv) a proposal made under Division I of Part III, or a consumer proposal made under Division II of Part III, of the Bankruptcy and Insolvency Act, or (v) an insolvency proceeding, including a receivership or an arrangement under the Companies» Creditors Arrangement Act;