Sentences with phrase «superior courts such»

Not exact matches

There is no source of law which confers such a right on any court, no matter what men call it (superior or inferior).

Article 14 (1) Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law; Article 19 (1) A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court; Article 19 (11) No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law; Article 19 (12) Clause (11) of this article shall not prevent a Superior Court from punishing a person for contempt of itself notwithstanding that the act or omission constitution the contempt is not defined in a written law and the penalty is not so prescribed; and Article 126 (2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitucourt; Article 19 (11) No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law; Article 19 (12) Clause (11) of this article shall not prevent a Superior Court from punishing a person for contempt of itself notwithstanding that the act or omission constitution the contempt is not defined in a written law and the penalty is not so prescribed; and Article 126 (2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constituCourt from punishing a person for contempt of itself notwithstanding that the act or omission constitution the contempt is not defined in a written law and the penalty is not so prescribed; and Article 126 (2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitCourts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitcourts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitucourt of record immediately before the coming into force of this constitution.

To the extent that he acts on behalf of strata property managers and numerous strata corporations, he provides representation not just as litigation counsel appearing at the superior Courts of British Columbia, at arbitration, mediation and administrative tribunals such as the Human Rights Tribunal, Employment Standards and City Variance hearings, but also as legal advisor in the strata and real estate regulatory fields as well as all other areas of the law.

Quite simply, the court drew a bright - line rule, stating that when an employer makes such an admission, only claims under respondeat superior are appropriate.

Samberg conducted a mini-survey of the online availability of state superior court filings, looking at both commercial services such as CourtLink and CourtExpress and at courts» own websites.

The decision states that while court hearing fees are permissible in principle, those that present «undue hardship» to litigants, such that they are discouraged from accessing the court system, violate core jurisdictional principles within the Constitution: «The historic task of the superior courts is to resolve disputes between individuals and decide questions of private and public law.

Indiana's superior courts are created by statute, and as such, the method of selecting judges is determined by statute as well and varies from county to county.

It was the second time in seven years that Ritchie received a serious rebuke on appeal, since in 2004, another superior court judge overturned his conviction in such a case because of the judge's use of «boilerplate» reasons.

Such privative or ouster clauses have often been treated with a degree of contempt by the courts particularly if they are seen as an attempt to exclude the supervisory powers by way of judicial review of the superior courts over administrative action.

West Coast LEAF and CLAS will argue that when people are prohibited from raising Charter claims in the superior courts in the context of such complex and confusing administrative regimes, laws are shielded from the legal scrutiny that would ensure their compliance with the Charter.

In some respects, such as the enforcement of an award across trans - boundaries, it is superior to the courts in that it benefits from the New York Convention that makes an award enforceable in more than 150 countries.

But because the decision will be a first for superior courts in Canada, and because such decisions are binding upon the lower courts, the ruling will have broad impact.

In cases where a trial judge is not assigned, such as pending preliminary inquiry, a review may be initiated in the superior court of criminal jurisdiction.

Such fees constituted an unacceptable barrier on access to justice for those who were not «impoverished» yet for whom payment of hearing fees would nonetheless materially hinder their ability to have their case heard before a superior court.

I'm going to explain and show for the next one they issue me, but I just wondered on the side if these «impose [d] monetary sanctions» were regulated because I called the number at the bottom of the superior court notice and the lady who answered seemed like she didn't know what the cost for such an «offense» was, but stated that if I sent $ 100 check to them, that would do it, which seemed arbitrary and suspicious; i.e., the whole first not knowing and then coming up with a round figure.

As far as I know the small claims court has only limited equitable jurisdiction and so such claims would need to be brought in a superior court.

[w] e must hope that, in light of the problems presented by such an expansive view of superior courts» inherent jurisdiction, in future cases the Supreme Court will be very careful in broadening its interpretation of what constitutes an infringement of section 96.

The way the idea of state action will impact such litigation is, I expect — though perhaps I just hope — will be to justify a distinction between barriers to access to superior courts created by the government itself — whether by its legislative, its executive, or its judicial branch — and those agreed to by the parties themselves.

On issues such as the content of the record on judicial review applications, the extent to which administrative decision - makers can participate in judicial reviews of their decisions, superior court review of federal prison decisions and tribunals» capacity to reconsider their decisions, Canadian courts have recently come under pressure to update the procedural law to bring it into line with the substantive law.

TLA 2017 [1] holds that provinces may impose such fees without interfering with the core jurisdiction of the superior courts protected by s. 96 of the Constitution Act, 1867.

Neither parent has the superior edge in such a contest; the court decides the issue by considering the child's best interests.