Sentences with phrase «thus under a duty»

Not exact matches

James Madison called religion «the duty we owe our Creator,» thus that which was to be protected under the amendment had its reference point in God.

Member states (MS) must ensure that the Commission is not granted the power to undermine a human right international law and thus misinterpret duty / obligation under it.

Thus in Secretary of State for the Home Department, e x parte Doody [1994] 1 AC 531, [1993] 3 All ER 92, where the issue was whether the home secretary was under a duty to give reasons for a decision relating to the prescribed period which a mandatory life sentence prisoner must serve before being eligible for parole, the House of Lords held that the decision in question was sufficiently important for it to be accompanied by reasons.

Thus McFarlane LJ [at 54]: «What the judge was not entitled to do was retrospectively to establish that the husband was under a positive duty to disclose any change in his financial circumstances throughout the appellate process.

Thus it held that the duties imposed on housing authorities under the Housing Act 1996, Part VII do not give rise to «civil» rights or obligations and so ECHR, art 6 does not apply to it.

Thus, they argued that their employer had a duty to accommodate such that a modified disciplinary procedure was required under the Health Professions Act, RSA 2000, c H - 7 («HPA»).

Thus, the President could assign suspected coup participants to duties where they would not be helpful in carrying out a coup without due process even though he couldn't have them arrested on a mere suspicion, even under the UCMJ.

Having thus held that there was no judicial remedy available to the claimant for a monetary award, Judge Simmonds QC went on to find that HMRC had been in breach of its statutory duty under ICTA 1988, and that its officer / s had been negligent — adding insult to the injury that Martin and his company had already sustained.

128 DOS 93 Matter of DOS v. Vuksanaj - motion to conform pleadings to proof granted where (i) additional evidence wouldn't have been presented if the charge had been stated in the complaint and (ii) issue was actually litigated and was within the «broad framework of the pleadings»; broker's authorization to execute lease on behalf of landlord must be in writing to be valid (G.O.L. § 5 - 703); no commission earned on void lease (due to lack of written authority for broker to sign for landlord); broker is undisclosed «double agent» - thus «fails to make clear» for which party he is acting (NYCRR 175.7); broker is not «managing agent» under NYC Rent Stabilization Code unless (i) broker has ownership or financial interest in property or (ii) performs managerial duties; separate escrow account (§ 175.1) not required when broker is not holding escrowed funds; holding funds overnight does not trigger requirement for escrow account (returned next day upon demand); unlicensed name used in commission agreement but lack of intent to mislead considered in mitigation; restitution of unearned commission