Sentences with phrase «rely upon the judgment»

It is submitted that the undisputed fact that the claimant had filed a petition under Section 9 which is under Part I in this Court by relying upon the judgment of Supreme Court in case of Bhatia International and Venture Global (supra), which clearly indicates of the intention of the claimant that Part I of the Act was not excluded from being applicable to the Parties.

Relying upon these judgments, it is urged that this Court has no jurisdiction to entertain the petition under Sec. 34 challenging the validity of foreign arbitral award.

Not exact matches

The same judgment, however, can not be relied upon when the issue is more about the strategy that a company should pursue.

The firm's evidentiary submission relied principally upon two organizations to select teachers, curriculum specialists, and administrators to serve on professional judgment panels that constructed the resource ingredients that would ultimately help determine the cost of an adequate education in Kentucky.

It's the 8th grade results that the New York Times relies upon to draw a judgment of «mixed.»

«We need to be able to rely upon the education, training, and judgment of our school leaders when dealing with peer - to - peer harassment and bullying at school.

Snap judgments (whether conscious or not) are what many of us rely upon when formulating our initial opinions.

Such a panel can not be relied upon for impartial scientific judgment.

The Guidance Note for Lead Authors of the IPCC Fifth Assessment Report on Consistent Treatment of Uncertainties impose upon the lead authors to assign subjective levels of confidence to their findings: «The AR5 will rely on two metrics for communicating the degree of certainty in key findings: 1 Confidence in the validity of a finding, based on the type, amount, quality, and consistency of evidence (e.g., mechanistic understanding, theory, data, models, expert judgment) and the degree of agreement.

The cases upon which the Court relies are not a uniform line of authorities leading inexorably to reversal of the Illinois judgment.

«It is clear from the reasons for judgment that the articles had a material bearing on the acquittal as the judge relied upon them to find that the fingerprint identification was not reliable.

Practitioners will no doubt be hoping not just for greater clarity from the Supreme Court but also for a definitive judgment that can be relied upon.

Should assets be located in Abu Dhabi or another Emirate, it may be possible to obtain a DIFC Court judgment and then go on to ask the Dubai Execution Court to rely upon the reciprocal arrangements for enforcement between the Dubai Courts and the Courts in the other Emirates.

In her judgment, Justice Christie relied upon the Supreme Court of Canada decision of R. v. Boudreault, which outlined the essential elements of «care or control» as it applies to section 253 (1) of the CC.

The owner relied strongly upon the judgment of Megaw LJ in The Mihalis Angelos when it argued that only inevitable or predestined events should be taken into account when assessing damages.

A successful litigant who has relied upon the Handbook as a route - map to judgment might justifiably feel let down at not being able to discover in a similarly practical and approachable manner how to enforce an award in the face of a recalcitrant employer.

Since autonomy, together with compassion are the cornerstones of the appellant's case, it is disturbing that both ethicists relied upon in the trial judgment endorse non-voluntary euthanasia.

Practitioners should note, however, that in relation to capacity to consent to a deprivation of liberty, in a recent Court of Appeal judgment, [3] the Judges relied upon the test of Gillick competence for Young Persons (as opposed to the MCA 2005 test).

[2] The flawed testimony upon which the trial judge relied forms one sentence of a 16 - page judgment that is otherwise flawless.

Had Leonard been aware of the Court's opinion on the adequacy of its warning label, perhaps it would not have insisted on further relying upon it in defense of its argument for summary judgment on the plaintiff's negligent design claim.

In an interlocutory ruling the court had requested FB to produce full copy of the Court of Appeal's judgment upon which it relied for some of its arguments.

Motions for summary judgment and responses thereto shall include a concise statement setting forth each fact material to the disposition of the motion which the party claims is or is not genuinely in issue, citing the particular portions of any pleading, affidavit, deposition, interrogatory, answer, admission, or other evidence upon which the party relies.

«Although it is unlikely that there will be further attempts to rely upon TUPE in this way,» he says, «the Court of Appeal is due to give judgment in Power v Regent Security Services Ltd on the question of whether an employee can rely upon the terms in his original contract of employment.»

But if in other types of public statement we are prepared to rely upon the good judgment of the judge herself why should twitter or blogging be any different?

Supreme Court in case of Gorie Gouri Naidu (supra) has in the facts of that case held that the finding rendered by one court in the proceedings between the same parties declaring the deed of gift invalid, in the suit between the same parties, in which the same document was relied upon, even if erroneous, inter party judgment binds the party if the court of competent jurisdiction has decided the lis.

Mr. Pratap learned senior counsel distinguished the judgment of Delhi High Court in case of Shakti Bhog foods Limited Versus Kola Shipping Ltd. 2012 (3) Arbitration Law Reporter 372 (Delhi) relied upon by Mr. D'Vitre learned senior counsel for the respondent.

You have created a good document, and you will have to rely upon your own judgment to say whether it is good enough.

These child custody guidelines encompass the most important basic qualifications upon which almost all courts regularly rely to render judgments in child custody cases.