Sentences with phrase «under a court order made»

Not exact matches

55 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 54 (1) is commenced by making an application for leave to the Court.

In a confidential document now made public under court order, Medeiros responded to the Vatican inquiry: «The danger in the seminaries, your Eminence, is obvious....

Under - fire Rangers chairman Dave King will finally comply next week with a court ruling ordering him to make an offer...

The Registrar of the court in which a compulsory treatment order or any order under section 24 or 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is made or in which any person is convicted of a corrupt practice must, not later than the fifth day of the month following the date of the order or conviction, forward to the Electoral Commission a certificate showing --

Nigerian government now seeks a court order compelling the two companies to pay into the Federal government of Nigeria account with the Central Bank of Nigeria, the sum of USD 406,751,070 being the total value of the missing revenue from the shortfall / undeclared / under - declared crude oil shipments of the country, made by the companies to United States of America.

As the days of desegregation by decree draw to a close, many schools and communities again find themselves asking how to preserve the perceived gains made under court - ordered plans — or to undo the perceived harm they inflicted.

The distinction between ending the program and asking for a permanent injunction that would apply to the 34 districts still under court order may have eluded parents whose children could have been made ineligible.

Under order from the state Supreme Court to correct that imbalance, lawmakers are working to flesh out levy reform and make other changes to ensure equity.

When exercising this discretion under the «hardship provision» a judge will consider three factors when deciding whether or not to make a «court - ordered discharge» for a person satisfying the 5 - year waiting period — as opposed to the automatic discharge a person is entitled to who satisfies the 7 - year waiting period.

If you satisfy the five - year waiting period then, you have the option of making an application before a judge in Bankruptcy Court, and the judge has the discretion to grant a «court - ordered discharge» under a «hardship provision&raCourt, and the judge has the discretion to grant a «court - ordered discharge» under a «hardship provision&racourt - ordered discharge» under a «hardship provision».

The Humane Society says the Agriculture Department is required to make its inspection records at animal research facilities public under a court order.

As a member of the large plaintiff group in Massachusetts v. EPA, we celebrated the Supreme Court's April 2007 decision declaring CO2 a pollutant under the Clean Air Act and ordering the Environmental Protection Agency to take the next step toward regulation by making what's called the «endangerment finding» — an agency determination that a pollutant «endangers public health and welfare,» leading directly to controls on that pollutant.

However, London's reign as arbitration capital may be under threat after last week's European Court of Justice (ECJ) ruling in West Tankers that it was inconsistent with EC reg 44/2001 (the successor of the Brussels Convention) for a court of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agreeCourt of Justice (ECJ) ruling in West Tankers that it was inconsistent with EC reg 44/2001 (the successor of the Brussels Convention) for a court of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agreecourt of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agreement.

In this case the Court of Appeal held that the father's obligation under the contact order was to «allow contact» and make the child available.

I make this order under the inherent jurisdiction of the court.»

This application is made to the Family Proceedings Court under the Children (NI) Order 1995.

[196] Under s. 39 of the FLA, each parent of the child is the child's guardian unless after separation the court makes an order providing that a parent is not the child's guardian.

[15] On the other hand, the plaintiff says this is not a case where Rule 7 - 6 (1) is applicable because the court did not make an order under this subrule for the plaintiff to attend to be examined by Dr. Coen.

Could the court make such a restoration order, under Rule 12 - 4 (5)?

OPPOSING PARTY DISOBEYING SUMMONS (12) When an opposing party has been served with a summons under subrule (3), the court may make a final order in favour of the party calling the witness, adjourn the case or make any other appropriate order, including a contempt order, if the opposing party,

[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]».

A cost effective way to correct scheme rules: the High Court made an Order under section 48 Administration of Justice Act 1985 authorising trustees to apply the scheme rules in a particular way, on the basis it was clearly necessary to read certain words into the scheme rules to make sense of them.

(4) A party to a direction made under this section may file it, excluding the reasons, in the prescribed form in the Superior Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as court and is enforceable as such.

It is suggested that the agreement will be legally binding under s 9 (1) and (2) of the Child Support Act 1991 and its existence will entitle the court to make an order under s 4 (10) which will have the effect of preventing any further child support calculation for 12 months.

102 A party to a direction made under section 100 or 101 may file it, excluding the reasons, in the prescribed form in the Superior Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as court and is enforceable as such.

The courts, under the authority of Family Code Section 2030, can order one spouse to pay «whatever amount is reasonably necessary» to make sure that the other spouse has this access.

Section 21 (1) states that «an appeal lies to the appellate court from any judgment or order, whether final or interim rendered or made by a court under this act.»

H accepted, when cross-examined about this, that he deliberately chose not to disclose these facts to W. H claimed that, given the preliminary stage of the negotiations, he was not under a duty to disclose and, even if he was, disclosure of the details would not have caused the court to make a substantially different order.

(3) Without prejudice to any other power to deal with an act of contempt under paragraph (a) of subsection (1), the court may order the instrument, or any recording made with it, or both, to be forfeited; and any object so forfeited shall (unless the court otherwise determines on application by a person appearing to be the owner) be sold or otherwise disposed of in such manner as the court may direct.

Claims are made under Sch 1 of the Children Act 1989 and, when making orders, the court will consider factors which are very similar to those which would be considered within the context of a divorce.

«The court will retain jurisdiction to enforce payment of debt obligations, in the event a party files bankruptcy, including, but not limited to, the ability to determine the debt assigned is in the nature of Maintenance, necessity or support and is therefore non dischargeable in bankruptcy, and / or making a future spousal support order, regardless of the spousal support order set forth below under FOURTH: SPOUSAL SUPPORT.»

The court has the power under the Family Law Act to make such a substitution so you can apply to them for such an order.

Parental involvement s 11 On an opposed application to make, vary or discharge an order under s 8 of the Children Act 1989, or where the court is considering whether or not to make a parental responsibility order, a rebuttable presumption is raised that involvement of the parents — of some direct or indirect kind but not any particular division of a child's time — will further the child's welfare.

Order in Council 256/2010 alerts us that the Rules of Court is regulation made under the authority of section 28.1 of the Judicature Act.

Prior to these amendments, the criminal court could only make a restraining order under PHA 1997 where a defendant was convicted of an offence under PHA 1997, ss 2 or 4.

there is no obligation or power for the local authority to apply for, or for the court to make, a placement order under ACA 2002, s 21.

The promise doctrine was developed through the Federal Courts» jurisprudence; under it, a judge reviewed a patent as a whole to identify any «promises» made in it, then assessed whether those promises had been met in order to satisfy the utility requirement of the patent under the Patent Act.

«Critically, the Appeal Court affirmed Tibbles v SIG [2012] 1 WLR 2591, where the power to vary or revoke an existing order under CPR 3.1 (7) was confined to matters where something unexpected arose subsequently or the order was made in ignorance of a critical detail.

In fact, if the Court is not satisfied that there is sufficient evidence that an individual is dead, the judge hearing the application may instead make an order under the Absentees Act, if that is requested.

In a recent case before the Supreme Court, R v Forsyth and Mabey [2011] UKSC 9, two former directors of the British engineering company Mabey & Johnson Limited argued unsuccessfully that an executive Order made under the United Nations Act 1946 in relation to sanctions against Iraq was ultra vires because it had been made 10 years after the relevant Security Council Resolution.

A court can make an order for the collection of DNA samples under s. 487.051 when it imposes a sentence on a person, finds the person not criminally responsible on account of mental disorder or directs that they be discharged under s. 730.

[11] Both parties advanced arguments that the court has discretion under Rule 37B to make an order regarding costs.

Authorities under the formal Rule 37B held that when a formal settlement offer dealing with costs consequences was accepted the BC Supreme Court had no discretion to make a different order with respect to costs.

In relation to the criminal cartel offence under the Enterprise Act 2002 (EnA 2002), the government set out four options for reform, all of which included the removal of the dishonesty requirement from the offence in order to make it easier to prove in court.

Under s 194 of the Legal Services Act 2007, a court may make a costs order against the opponent of a party who has been represented free of charge.

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.»

An order, under s 19 (1) of the Prosecution of Offences Act 1985, for costs incurred as a result of an unnecessary or improper act or omission by or on behalf of a prosecutor may be made to compensate an unrepresented defendant for his own loss of time in preparing his case and attending court.

(2) A member of a board that is subject to an order made under subsection 230.3 (2) may apply to the Divisional Court for an order revoking the order made under subsection 230.3 (2).

(3) The Divisional Court shall make the order applied for under subsection (2) if it is satisfied that the board is in compliance with the requirements specified under subsection 230.2 (2).

The Second Department ruled that, in any event, Ontario's Hague return order meant that Ontario had deferred jurisdiction to New York and that substantial evidence was available in New York so that, even if the six month rule had not been satisfied, a New York court had jurisdiction to make an initial custody determination under Domestic Relations Law Sec. 76.