Sentences with phrase «provisions under the statute»

The court agreed with the state and said that if the provisions under the statute or rules or there is a contract between the parties then right to claim pension is available to employees.

Not exact matches

The prior three corporate convictions under the CFPOA have been achieved by the entering of guilty pleas.2 The Court also for the first time interpreted the meaning of key provisions in the statute, including clarifying that an inchoate offence of conspiracy exists under the CFPOA and in what circumstances a real and substantial connection will be required and found.

«Its provisions seek to affirm as a matter of statute that no - one should be under any duty to participate in activities that they believe involve the taking of human life, either in the withdrawal of life - sustaining treatment or in any activity authorised by the 1967 or 1990 Acts.»

In states operating under the provisions of the ESEA statute, as well as some states operating under ESEA accountability waivers, this is done by applying measures of adequate yearly progress (AYP).

A noninstructional contractor for whom a criminal history check is required under this section may not have been convicted of any of the following offenses designated in the Florida Statutes, any similar offense in another jurisdiction, or any similar offense committed in this state which has been redesignated from a former provision of the Florida Statutes to one of the following offenses:

Because education is a «fundamental interest» under the state Constitution, the five statutes that «dictate this unequal, arbitrary result violate the equal protection provisions of the California Constitution» and should be overturned.

Gresham asked Attorney General Robert Cooper whether the current statutes or state law in effect prior to July 1, 2011 governing permanent employment violate students» rights to a free education under the equal protection provisions of the Tennessee or U.S. Constitution.

1) Whether the current statutes or state law in effect prior to July 1, 2011 governing permanent employment violate students» rights to a free education under the equal protection provisions of the Tennessee or U.S. Constitution.

Accordingly, and because the Board believed this was an issue as to which the holders of the Series B Preferred Stock had an interest and as to which they should be entitled to vote, it unanimously elected to proceed under the merger provisions of the Delaware statute rather than the amendment provisions in order to avoid any possible ambiguity.

D. No license to engage in the business of a credit services organization shall be issued for any location if a license has been issued and is in effect under the provisions of Sections 3501 through 3514 of Title 14A of the Oklahoma Statutes.

Otherwise, the applicable statute of limitations period for all provisions and purposes under this Agreement (including the right to collect debt) will be the longer period provided by Utah law or the law in the jurisdiction where you live.

No provision of a marital property agreement, unilateral statement under Section 766.59 of the Wisconsin Statutes, or court order under Section 766.70 of the Wisconsin Statutes adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.

If the adopted animal is a dog used for fighting, the animal shelter shall notify any persons adopting the dog of the liability provisions for owners of dangerous dogs under Article 1A of Chapter 67 of the General Statutes.

In sum, I believe that labelling statutes of limitations periods as «procedural» under EU law should not excuse their arbitrary extension on a case - by - case basis by courts, having no backing in any clear legislative provisions.

However, when an employee's request for leave does qualify under both the ADA and FMLA, the employer should consider the individual's rights under both statutes and provide leave under whichever statutory provision provides the greater rights to employees.

[p] unish as contempt of court any willful failure of a party to comply with the provisions of any order made by the court [under the equitable distribution statute]».

There is no compelling state interest enforced in the eligibility provisions of the South Carolina statute which justifies the substantial infringement of appellant's right to religious freedom under the First Amendment.

«15 With wire communications however, there is no such limitation, as this statute does not include wire communications, such as communications over the internet including email and instant messenger.16 While this statute is placing a general prohibition on the interception of electronic communications, the statute contains provisions that allow government officials to conduct wiretap surveillance under the authority of a court based on probable cause.17

For a child under that age statute law makes no provision.

[5] During the first stage of the analysis, reviewing courts were charged with examining four factors: whether there was a privative, or conversely an appeal, clause in the decision maker's home statute; [6] whether the decision maker was relatively more expert than the reviewing court in respect of the decision under review; what the purpose of the statutory scheme and of the particular provision or provisions at issue was; and what the nature of the question in dispute was.

... We affirm because the requirement that prenuptial agreements be in writing under California law is a statute of frauds provision, and to satisfy the statute of frauds, a writing must state with reasonable certainty what the terms and conditions of the contract are.

It is important to understand that the ratification of the Convention will have little impact on present - day legislation and the current situation in Canada, since the rights to associate and bargain freely are already very clearly protected in Canada, under both the Canadian Charter of Rights and Freedoms and the human rights legislation of every province, as well as by certain provisions of the Canada Labour Code and the statutes of the different provinces dealing with labour relations.

This section is residual and resort to it is precluded where the object of the search is available under another provision of the Code or another federal statute.

32 A provision of this Part or of a regulation made under this Part prevails wherever there exists a conflict between that provision and a provision of the Land Titles Act, the Registry Act or the Electronic Registration Act (Ministry of Consumer and Business Services Statutes), 1991 or of a regulation made under one of those Acts.

A list of public statute provisions repealed under section 10.1 of the Legislation Act, 2006.

Under that provision, the Superior Court of Justice may award damages, not exceeding $ 10,000.00 for mental anguish resulting from the willful or reckless contravention of the statute.

The RTA could be amended to provide that orders made under the PAFVA and the other statutes prevail when the terms of those orders or statutory provisions conflict with provisions of the RTA.

This outcome serves as a reminder to regulatory bodies across Canada that applicants for registration must be assessed within the confines of the express requirements set out in that body's enabling statute, regulations or bylaws, and that guidelines alone are not sufficient to create new enforceable requirements, unless a provision in or under a statute provides for enforceable guidelines.

Accordingly, the bill provisions intend to «overturn this Supreme Court precedent and establish that the restrictions or prohibitions set forth in the New Jersey Tort Claims Act, which are specifically applicable to public entities and public employees, supersede the general availability of such damages under the common law, the above enactments, or any other statute.»

The CSST concluded the principle of reasonable accommodation could not be applied to disputes under the A.I.A.O.D. because the provisions of that statute are accommodation measures specific to employment injuries.

This appeal involved a lower court's decision to deny dueling attorney's fees requests from each side, under a Nevada fee - shifting statute that is different from California statute and more akin to CCP § 128.7 / older § 128.5 sanctions provisions.

(d) an offence under any of the following provisions of the Criminal Code, chapter C - 34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

That is obviously so, but one might have thought that in interpreting the wording of appeal provisions in both the lease and the arbitration agreement, one should have regard to the fact that under the original lease and the arbitral statute then applicable, there were full rights of appeal.

(c. 1) an offence under any of the following provisions of the Criminal Code, chapter C - 34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

(c) an offence under any of the following provisions of the Criminal Code, chapter C - 34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:

Fourth, in § 160.203, several criteria relating to the statutory grounds for exception determinations have been further spelled out: (1) The words «related to the provision of or payment for health care» have been added to the exception for fraud and abuse; (2) the words «to the extent expressly authorized by statute or regulation» have been added to the exception for state regulation of health plans; (3) the words «of serving a compelling need related to public health, safety, or welfare, and, where a standard, requirement, or implementation specification under part 164 of this subchapter is at issue, where the Secretary determines that the intrusion into privacy is warranted when balanced against the need to be served» have been added to the general exception «for other purposes»; and (4) the statutory provision regarding controlled substances has been elaborated on as follows: «Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substance, as defined at 21 U.S.C. 802, or which is deemed a controlled substance by state law.»

In addition, the provisions of Chapter 23 of the Statutes of Ontario, 2009, have been incorporated in the Ontario Occupational Health and Safety Act under Part III.0.1 (Violence and Harassment), sections 32.0.1 to 32.07; Subsection 1 (1) of the Act includes definitions of workplace violence and workplace harassment.

2d 874 (1997), the United States Supreme Court, addressing undefined statutory provisions prohibiting patently offensive and indecent Internet transmissions to those under eighteen years, stated that» [g] iven the vague contours of the coverage of the statute, it unquestionably silences some speakers whose messages would be entitled to constitutional protection.»

The split - recovery statute allocating 60 % of punitive damages award to the state did not violate the right to a remedy, the right to a jury trial, the takings or tax provisions, or the separation of powers under the State Constitution.

Even in 1913, it was «well settled that the state may not, under the guise of exercising its police power or otherwise,... enact legislation in conflict with the statutes of Congress passed for the regulation of the subject, and if it does, to the extent that the state law interferes with or frustrates the operation of the acts of Congress, its provisions must yield to the superior Federal power given to Congress by the Constitution.»

BitcoinRewards will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, subject to the relevant provisions of the Australian Consumer Law, as it may apply.

Foreclosure Sales — The state of Colorado modified numerous statutes including, but not limited to, provisions related to foreclosure sales under Article 38.

The court looked to the relevant Connecticut licensing statutes and determined that according to Connecticut law, «competent real estate brokers who are duly licensed and currently practicing in other states with licensing requirements and reciprocity provisions similar to Connecticut's will be given preferential treatment in obtaining their Connecticut licenses... an out - of - state broker may not simply come into Connecticut and do business as a real estate broker under the putative authority of his valid out - of - state broker's license.»