Sentences with phrase «proceedings under section»

«It remains to be seen whether the Tribunal would consider that an application by the Commissioner under section 90.1 of the Act would be contrary to subsection 90.1 (10) of the Act, which provides that the Commissioner can not commence proceedings under section 90.1 on the basis of the same facts on which an order is sought by the Commissioner under section 79 of the Act.»

(1) The proceeds of crime authority may intervene in any property settlement or spousal maintenance proceedings in relation to which a court is notified under section 79B, or in any proceedings under section 79C or 79D in which the authority is not already a party.

proceedings of a kind referred to in paragraph (c), (caa), (ca) or (cb) of the definition of matrimonial cause in subsection 4 (1)(not being proceedings under section 78 or 79A or proceedings seeking the discharge, suspension, revival or variation of an order previously made in proceedings with respect to the maintenance of a party) shall not be instituted, except by leave of the court in which the proceedings are to be instituted or with the consent of both of the parties to the marriage, after the expiration of 12 months after:

(1) A court that stayed the property settlement or spousal maintenance proceedings under section 79C must wholly or partially lift the stay if:

(1) The Secretary may commence or continue proceedings under section 69W if it is necessary or convenient to do so for the purposes of an international agreement or arrangement.

(1C) Where, before proceedings under this section in relation to an order made under section 79 are completed, a party to the marriage dies:

proceedings of a kind referred to in paragraph (c), (caa), (ca) or (cb) of the definition of matrimonial cause in subsection 4 (1)(not being proceedings under section 78 or 79A or proceedings seeking the discharge, suspension, revival or variation of an order previously made in proceedings with respect to the maintenance of a party) may be instituted:

(10B) If a person becomes a party to proceedings under this section because of paragraph (10)(aa), the person may, in the proceedings, apply for:

In proceedings under this Part, other than proceedings under section 78 or proceedings with respect to maintenance payable during the subsistence of a marriage, the court shall, as far as practicable, make such orders as will finally determine the financial relationships between the parties to the marriage and avoid further proceedings between them.

(1) A court that stayed the property settlement or spousal maintenance proceedings under section 90N must wholly or partially lift the stay if:

(5) If, before proceedings under this section in relation to an order made under section 90SM are completed, a party to the de facto relationship dies:

(2) A court that stayed the de facto property settlement or maintenance proceedings under section 90VB may, on its own motion, wholly or partially lift the stay if the proceeds of crime authority consents to such a motion.

(1) The proceeds of crime authority may intervene in any de facto property settlement or maintenance proceedings in relation to which a court is notified under section 90VA, or in any proceedings under section 90VB or 90VC in which the authority is not already a party.

Various parties have standing to participate, and they may be funded by the Australian Government to participate in the proceedings under Section 183 of the Native Title Act 1993 (Cth)(the Native Title Act).

Learned senior counsel submits that though the learned arbitrator has placed reliance on proceedings under Section 9 filed in this Court, he has however ignored the crucial and material piece of evidence which was on record of that proceeding i.e the uncontested statement of Mr Ajith Menon on oath that is paragraph 4 of his affidavit dated 23/7/09 asserting that Mr Prasantha Dissanayake had telephonically confirmed in July 2009 that the claimants were pressurizing him to execute a letter falsely claiming that he had not executed the agreement dated 1/6/07.

(4) For the purpose of proceedings under this section... the fact that a spouse... is receiving or has received necessaries of life from another person who is not under a legal duty to provide them is not a defence.

Alberta applied to intervene in these proceedings under section 110 (c).

516 (1) A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused.

Note that no proceedings under section 6 have yet been brought.

(formerly the Consumers Association) brought proceedings under the section in relation to the sale of football shirts but they would vow never to do so again.

In recent years, the Australian courts have given detailed consideration to the interpretation of arbitration agreements for the purpose of staying court proceedings under Section 7 of the IAA and Article 8 of the...

«shall be the sole and exclusive procedure for the judicial review of all final orders of deportation... made against aliens within the United States pursuant to administrative proceedings under section 242 (b) of this Act.»

Where the court has power to adjourn enforcement proceedings under section 103 (5), it also has power to order the respondent to those proceedings to provide security for all or any part of the sums awarded by the arbitrators.

The accused, D.A., applied for an order for a stay of proceedings under section 24 (2) of the Charter arguing that his rights have been infringed pursuant to section 11 (b).

Summary: A party in an ongoing arbitration initiated court proceedings under section 2 of the Swedish Arbitration Act, which provides that public courts may, on motion of a party, review an...

Not exact matches

(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien --(i) has abandoned or relinquished that status, (ii) has been absent from the United States for a continuous period in excess of 180 days, (iii) has engaged in illegal activity after having departed the United States, (iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings, (v) has committed an offense identified in section 1182 (a)(2) of this title, unless since such offense the alien has been granted relief under section 1182 (h) or 1229b (a) of this title, or (vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.

The court also held that the EFCC could not usurp the oversight functions vested in state House of Assembly under Sections 128 and 129 of the 1999 Constitution to initiate a probe or criminal proceedings against a state official.

Pursuant to Education Law section 16, any person having reasonable cause to suspect that a student has been subjected to harassment, bullying, and / or discrimination by an employee or student, on school grounds or at a school function, who acting reasonably and in good faith, either reports such information to school officials, to the commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or informal proceedings under this subdivision, shall have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings.

Their concurring in part and dissenting in part opinion argued: (1) the court should not have reached the issue because: «n reaching the merits of the Section 10 challenge, the court ignores the fact that the Duncan complaint (which raised the Section 10 challenge) was dismissed by the district court for failure to state a claim under NRCP 12 (b)(5);» and (2) the issue is one of first impression, which the justices, in dissent, said is «not as well - defined and easily resolved as my colleagues suggest,... the proper action here, had a majority of this court not determined that SB 302's funding is unconstitutional, would be to remand this matter to the district court for further proceedings and factual development as to this claim.»

«(b) AUTHORITY - Each United States district court shall authorize, by local rule adopted under section 2071 (a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654.

within one hundred and eighty days after the alleged awful practice occurred, or in a case to which section 14 (b) applies, within three hundred days after the alleged unlawful practice occurred or within thirty days after receipt by the individual of notice of termination of proceedings under State law, whichever is earlier.

(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, United States Code.

An estate of a resident individual involved in bankruptcy proceedings under chapter 7 or 11 of Title 11 of the U.S. Bankruptcy Code with gross income (as defined in IRC Section 61 (a)-RRB- of $ 9,500 or more

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

a) Would there be a similar provision as under Scottish Legal Aid legislation (Section 18 (2) of the LEGAL AID (SCOTLAND) ACT 1986) «The liability of a legally assisted person under an award of expenses in any proceedings shall not exceed the amount (if any) which in the opinion of the court of or tribunal making the award is a reasonable one for him to pay, having regarding to all the circumstances including the means of all parties and their conduct in connection with the dispute».

On July 31, 2015 the Supreme Court of Canada decided that proceedings under Canada's Income Tax Act (ITA) are administrative, not criminal, and a penalty imposed under it is not a «true penal consequence» — and the person on whom such a penalty is imposed doesn't get the protection of Canadian Charter of Rights and Freedoms» (section 11 (d)-RRB- guarantees of the presumption of innocence, proof of guilt beyond a reasonable doubt, and right to a fair and public hearing.

Voluntary accommodation placements under Section 20 (s. 20) of the Children Act 1989 are being increasingly used by local authorities to avoid care proceedings.

(13) A mediator - arbitrator appointed under this section shall determine the mediator - arbitrator's own procedure but shall give full opportunity to the parties to present their evidence and make their submissions, and section 116 applies to the mediator - arbitrator and the mediator - arbitrator's decision and proceedings as if it were the Board.

Importantly, section 3 of the Apology Act outlines exceptions relating to criminal proceedings and proceedings under the Provincial Offences Act, which include Occupational Health and Safety proceedings.

Notices under Section 47 & 48 of the Landlord and Tenant Act 1987: For the purpose of Section 47 & 48 of the Landlord and Tenant Act 1987 the address at which any Notices (including Notices in any proceedings) may be served on the Landlord by the Tenant, is as set out below, until the Tenant is notified in writing to the contrary.

The focus of his work in this area typically arises out of claims for interim injunctive relief where issues of jurisdiction arise (including under the Recast Brussels Regulation), and injunctions in support of foreign proceedings (under section 25 Civil Jurisdiction and Judgments Act 1982).

Section 281 (5) provides as follows: «Discharge does not, except to such extent and on such conditions as the court may direct, release the bankrupt from any bankruptcy debt which --(a) consists in a liability to pay damages [of specific types]... in respect of personal injuries to any person; or (b) arises under any order made in family proceedings or under a maintenance calculation made under the Child Support Act 1991.»

The only question arose out of section 41 (a) of the Class Proceedings Act, which provided that it did not apply to proceedings «that may be brought in a representative capacity under another Act».

In circumstances where cases exceed the 18 months ceiling, it has been found that the accused's rights under section 11 (b) of the Canadian Charter of Rights and Freedoms («Charter») have been violated and a stay of proceedings may be granted, except under «exceptional circumstances».

(h) procedures for participation of the applicant or registered person in proceedings before the Building Code Commission under section 24 of the Act and before the Superior Court of Justice under section 25 of the Act,

governing proceedings before the Licence Appeal Tribunal under section 280, including imposing time limits or limitation periods;

Amongst these changes is an amendment to Rule 41 of the OLRB Rules of Procedure that will allow for complaints alleging reprisals under section 50 of the Occupational Health and Safety Act («OHSA») to be handled through expedited proceedings.

Anything said in interview, unless protected, most commonly under section 2 of the Criminal Justice Act 1987, will be admissible in other criminal proceedings.

In Laverick v Alberta (Transportation Safety Board), 2018 ABQB 57 (CanLII), Justice W. P. Sullivan acknowledged that a third - party applicant may argue for a stay of proceedings pursuant to section 24 (1) of the Canadian Charter of Rights and Freedoms against charges under section 88.1 of the Traffic Safety Act, RSA 2000, c T - 6 [TSA], the administrative license suspension («ALS») regime.

Under section 13, witnesses may not have any incriminating evidence they give as testimony used against them in separate proceedings.